R-476



### OF'FICE OF 

# .THEATTORNEY 

# GENERAL

AUSTIN.TEXAS

PRICEDANIEL *tTcmNEYGENERAL July 7, 1947

Hon. Carl Gilliland opinion Ro. v-295 CountyAttorney Dear Smith counts Hereford, Texas - .f:Re: Validity or an eleotion to~consolidate conmonschool districts with a county line independent school diatriot. Dear Mr. Gilliland:

In your letter or May10, 1947; you-shave requested an opi,nion Zromthis office relative to the above subject.

Thefact situation; as presented in your request; is briefly as,follows. There are sought to be combined into aRural High School District six small school districts anda County Line Independent School District. -None of the Districts has a scholastic population of as muchas 250. Thecombined area of the seven Districts is in excess of' 100 square miles. ,,Thedistricts are contiguous to each other. The lar~gerportion or the County Line IndependentSchcol District~is located in the samecounty with the others six small Districts, andthe county in which~this ~larger portion is located has exercised the administrative control of all of this district for manyyears past.

TheCounty School Board of Trustees of the county in which the six Districts, as well as the lerger portion of the CountyLine District, are located,' called anelection 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 andthe 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 CountyLine Independent School District was located also entered en order acquiescing in the election andthe 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 wasnecessary 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 hadbeen held wasa substantial compliance with Article 29226.

Regarding the first part or theequestion presented, it has been previously held by this Departmentthat the consent of each CountyBoard of School Trustees was necessary to the holding of anelection 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, andit is clear that at the outset it wasnecessary ror the County Boards of both counties to entier their joint order calling the election. It is also settled (County School Trustees of Lubbock Countyvs. Harral County ,Line Independent School District, 95 5~.W. (26) 2041, that substantial compliance with Article 29226, V.C.S., is insufficieat
, andthat the terms or the statute mustbe 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 CountyBoards in not entering their joint order for the election.

OnMarch 20, 1947, HouseBill Ro. 48, Acts 50th Legislature, Regular Session 1947, becameeffective. This Act validates prior acCions of School Boards in the creation, consolidation andadministration 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 SCrecognized byeither 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 mannerdescribed prior to the enactment of HouseBill Wo. 48, andthat both CountyBoasds of School Trustees recognized it as avalidly created Rural High School District, the failure 

### or the two county Boards to enter ajoint order calling the election is cured bythe newlegislation. Weaverv. ‘Board of Trustees or Wilson I. US.D., 184 5.’ W. (2d) 864; Trio 1.S.D.
v. sabinal I.&D., 1929. W. (26) 899; Worth C.S.D. v. Live OakCounty Board, 199 5. W. (2d) 764. It followsr

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

that the Rural High School Distriot involved In your request mayproperly be held to be avalidly existing Rural High School District.

SUMMARY

Underthe facts presented, assuming that the Rural High School District was established in the mannerdescribed prior to the enactment of HouseBill 48, Acts or.the 50th Legislature, 1947, onMarch 20, 1947, andthat both County Boards of School Trustees recognized It as avalidly, created Rural High.School District, the failure of the twoCounty Boards to enter ajoint order calling ah election. fok the establishment or the high school' district is cured bythe 1947 legislations cited andthe ddstrict involved mayproperly be held to beavalidly existing Rural High School District. Very truly yours, ATTORRRVGRRRRALOFTEXAS

ackson Littleton

ATTORNEYGRRERAL