.

GERALD C. MANN

&&&&--xXxX AUST!au 11.Tp-s

Honorable J. C. Gowdy County Auditor Wichita County Wichita Falls, Texas Opinion No. O-3305 Re: Changing boundary lines of school districts

Dear Sir: We received your letter dated March 19. 1941, which reads ’ as follows: “The State ofTexas having leased approximately twenty miles ofthe Wichita River Bed, your department has heretofore ruled that such oil and gas leases are taxable and the same have accordingly been duly assessed in this county.

“Both banks of theWichita River being respectively a boundary line ofthe several adjacent school districts, can such boundary lines be extended to the center ofthe river bed so that these oil and gas leases may be made assessable for school purposes and if so, what is the proper procedure?*

From the correspondence we have. itappears that there are two adjacent school districts whose boundary line extends tothe bank of one side ofthe river. Onthe other side ofthe river there are two other adjacent school districts whose boundary line extends tothe bank ofthat side ofthe river. The river bed is not within the boundary line ofany school district. Your question is: What is the procedure for extending the boundary lines ofthe four school districts so as totake in the river bed?

We are informed that three ofthe school districts are common school districts and the other is an independent school district. We assume that the independent school district is incortiorated for free school purposes only,

follows: Article 2766, Revised StatuteS, enacted in 1905. reads as

“The commissioners court ofany county shall have the authority to change the boundaries ofany independent district incorporated for free school purposes only, situated in said county, when in thejudgment ofsaid court the public good demands suchHonorable J. C. Gowdy. Page 2 (o-3305)

change; provided, that the president ofthe board oftrustees ~ofthe independent district tobe affected by the proposed change shall first be notified, and said board oftrustees shall have the right tobe heard in case there is opposition tothe change. No such change shall be made that would reduce the total value oftaxable property inany independent district against which there are outstanding bonds legally issued.”

Article 2681. Revised Statutes, enacted in 1915, reads in part as follows: “The c,ounty school trustees are authorized to exercise the authority heretofore vested in the commissioners court with respect to subdividing the county into school districts, and making changes in school district lines.

. . .The county superintendent, as secretary ofthe county school trustees, shall keep an accurate and complete record inawell bound book provided for that purpose, the field notes ofall changes made in school district lines, and of all proceedings ofthe county school trustees. A certified copy ofsuch change ina school district line shall be made and transmitted by the county superintendent tothe county clerk, and the county clerk shall record the field notes and certified copy ofsuch change inawell bound book tobe designated as the’Record of School Districts.“’The above quoted statutes permit the county board ofschool trustees to change the boundary lines ofan independent school district, incorporated for free school purposes only, onits own initiative when it is for the public good. Hill County School Trustees v. Melton et al., 199S.W. 1142. Section 2ofArticle 2742e. Vernon’s Annotated Civil Statutes. reads as follows:

“That onand after the passage ofthis Act the County Board of School Trustees inany county in this State shall have authority and full power to create Common School Districts, to subdivide districts, and to change boundary lines ofany or all Common School Districts legally coming under thejurisdiction ofthe County Board ofSchool Trustees, subject to the supervlsion ofthe District Court having jurisdiction over the county where the County Board is appointed or elected; provided that before any changes may be made in boundary lines of school districts the trustees ofthe Common School Districts affected shall be notified toappear before the County Board for a hearing, and after said hearing or the date set for said hearing, the County Board ofTrustees may pass such order or orders as will carry out the provisions ofthis Act; provided, further, that the trustees ofthe districts affected may appeal from the decision ofthe County Board to the District Court.”Honorable J. C. Gowdy, page 3 (o-3305)

We are ofthe opinion that the statutes herein mentioned empower the county board ofschool trustees to change the boundary lines ofthe school districts involved and sets outthe procedure tobe followed.

We do not determine whether any or all ofthe leasehold interests are subject to school taxes since we do not have any facts concerning this question. Yours very truly ATTORNEY GENERAL OF TEXAS /s/ Lee Shoptaw BY Lee Shoptaw

Assistant LS:AMM/cm APPROVED JUN 6. 1941 /s/ Grover Sellers FIRST ASSISTANT ATTORNEY GENERAL

APPROVED Opinion Committee By /s/’ BWB Chalrman