R-476 

OF'FICE OF 

.THEATTORNEY GENERAL 

AUSTIN.TEXAS 

PRICEDANIEL 

*tTcmNEY GENERAL July 7, 1947 

Hon. Carl Gilliland opinion Ro. v-295 

County Attorney 

Dear Smith counts 

Hereford, Texas - 

.f:Re: Validity or an eleotion to~consolidate 

conmon school districts with a county 

line independent 

school diatriot. 

Dear Mr. Gilliland: 

In your letter or May 10, 1947; you-shave 

requested an opi,nion Zrom this office relative to 

the above subject. 

The fact situation; as presented in your 

request; is briefly as,follows. There are sought to 

be combined into a Rural High School District six 

small school districts and a County Line Independent 

School District. -None of the Districts has a scholastic population of as much as 250. The combined 

area of the seven Districts is in excess of' 100 square 

miles. ,,The districts are contiguous to each other. 

The lar~gerportion or the County Line IndependentSchcol 

District~is located in the same county with the others 

six small Districts, and the county in which~ this ~larger portion is located has exercised the administrative 

control of all of this district for many years past. 

The County School Board of Trustees of the 

county in which the six Districts, as well as the lerger portion of the County Line District, are located,' 

called an election pursuant to Article 2922c, V.C.S., 

to determine whether these several Districts should be 

grouped to createf.a Rural High School District. The 

large majority of;the votes were castin ravor of the 

creation of the District and the County School Board 

accordingly entered its order. Subsequent to the election, the County School Board of Trustees of the 

county in which the smaller part of the County Line Independent School District was located also entered en 

order acquiescing in the election and the result thereof is'the creation of a Rural Righ School District. 
-- 

Hon. Carl Gilliland - Page 2 (V-295) 

Under these facts, you have asked whether 

it was necessary for the County School Board of Trustees of both counties to enter their joint order calling the election; or whether the action of the County 

School Board of Trustees in ratifying and consenting 

to the election after it had been held was a substantial compliance with Article 29226. 

Regarding the first part or thee question 

presented, it has been previously held by this Department that the consent of each County Board of School 

Trustees was necessary to the holding of an election 

to group or annex a District such as the one here ihvolved in the creation of a Rural High School District 

(Opinion No. O-1574; dated June 11, 19401, and it is 

clear that at the outset it was necessary ror the County Boards of both counties to entier their joint order 

calling the election. It is also settled (County 

School Trustees of Lubbock County vs. Harral County 

,Line Independent School District, 95 5~. W. (26) 2041, 

that substantial compliance with Article 29226, V.C.S., 

is insufficieat , and that the terms or the statute 

must be followed as they are~written. However, it is 

not’ here necessary to discuss or determine whether the 

subsequent action of- the county including the smaller 

part of the County Line District was sufricient to 

.cure the initial failure of both County Boards in not 

entering their joint order for the election. 

On March 20, 1947, House Bill Ro. 48, Acts 

50th Legislature, Regular Session 1947, became effective. This Act validates prior acCions of School Boards 

in the creation, consolidation and administration of 

virtually every kind of school district. In Section 1 

thereof, it is provided that Rural High school Districts 

theretofore established an 

or county authorities as SC $ 

recognized by either State 

001 Districts are validated 

in all respects as though they had been duly’and legally 

established in the rirst instance. Asauming,~ then, that 

the ‘Rural High School District involved in your request 

was established in the manner described prior to the enactment of House Bill Wo. 48, and that both County Boasds 

of School Trustees recognized it as a validly created 

Rural High School District, the failure or the two county Boards to enter a joint order calling the election is 

cured by the new legislation. Weaver v. ‘Board of Trustees or Wilson I. US. D., 184 5.’ W. (2d) 864; Trio 1.S.D. 

v. sabinal I.&D., 192 9. W. (26) 899; Worth C.S.D. v. 

Live Oak County Board, 199 5. W. (2d) 764. It follows 
r 

Eon. Carl Gilliland - Page 3 (V-295) 

that the Rural High School Distriot involved In your 

request may properly be held to be a validly existing Rural High School District. 

SUMMARY 

Under the facts presented, assuming 

that the Rural High School District was 

established in the manner described prior 

to the enactment of HouseBill 48, Acts 

or.the 50th Legislature, 1947, onMarch 

20, 1947, and that both County Boards of 

School Trustees recognized It as a validly, created Rural High.School District, 

the failure of the two County Boards to 

enter a joint order calling ah election. 

fok the establishment or the high school' 

district is cured by the 1947 legislations 

cited and the ddstrict involved may properly be held to be a validly existing Rural 

High School District. 

Very truly yours, 

ATTORRRVGRRRRALOFTEXAS 

ackson Littleton 

ATTORNEYGRRERAL