DAN MORALES 

ATTORNEYGENERAL 

QMfice of tip !&tornep @met-at 

Mate of 25exae 

June 17. 1994 

Mr. Kenneth H. Ashworth 

Commissioner 

Texas Higher Education 

Coordinating Board 

P.O. Box 12788 

Austin, Texas 78711 

Opinion No. DM-297 

Re: Whether the Wharton County Junior 

College District may disammx the Needville 

Independent School District (RQ-545) 

Dear Mr. Ashworth: 

You have asked us to interpret the law of disamtexation under chapter 130 of the 

Texas Education Code. We understand that you ask this question at the behest of the 

Needville Independent School District (“NISD”), which apparently desires to dissolve its 

participation in the Wharton County Junior College District. Specifically, you ask the 

following questions: 

1) Are there steps the [NISD] can follow to dissolve the district’s 

participation in the Wharton County Junior College District. If 

so, what are they? 

2) If NSD] can remove itself from the junior college district, does 

NSD] have to establish or join another junior college district? 

Article VII, section 1 of the Texas Constitution requires the legislature “to 

establish and make suitable provision for the support and maintenance of an efficient 

system of public free schools.” Attorney General Opinion M-1235 (1972) at 4. Based on 

article VII, section 1 and case law thereunder, this office previously has determined that, 

unless another constitutional provision provides to the contrary, the legislature has the 

sole discretion to determine the method of annexation or disamtexation of the territory 

comprising junior college districts. Id. at 5. In addition, article VII, section 3-b of the 

Texas Constitution “recognizes that the Legislature may authorize changes in the 

boundaries of junior college districts so long as outstanding bonds are not abrogated, 

cancelled or invalidated. ” Id. 

Thus, a junior college district may disamtex territory only if the legislature 

statutorily authorizes it to do so and only in the manner that the legislature has provided. 

You cite two sections of the Education Code in which the legislature expressly has 

provided for the disannexation of territory comprising a junior college district: sections 

130.069 and 130.070. Section 130.069(a), which the legislature enacted in 1963 (see 

Acts 1963, 58th Leg., ch. 465, at 1180), authorizes a junior college district to disamtex 

any territory lying within its borders that also lies within the borders of another junior 

college district. You indicate that this situation does not exist here. 

p. 1586 
Mr. KennethH. Ashworth - Page 2 (DM-297) 

Section 130.070(a) authorizes a countywide independent school district junior 

college district1 to disannex the territory of an independent school district in an adjoining 

county ifthe independent school district was the only school district armexed to the junior 

college district and if the junior college district has no outstanding bonded indebtedness 

that it incurred a&r annexing the independent school district. Furthermore, section 

130.070(a) rarely mentions disannexation without also mentioning “creation of a separate 

junior college district.” In our opinion, therefore, section 130.070(a) requires the 

disamxxed independent school district to create a separate independent school district 

junior college district.~ In summary, an independent school district may dissolve its 

(1) anilMkp&nscbooldistrictjuaioroollege; 

(2) a city jmdor college; 

(3) a nrdon jmior college; 

(4) a county junior college; 

(5) ajointumIy junior adlege; and 

(6) apobUcjmioradlegeesaptordivisionofa@onslwIlege 

diatria 

Chapter130dthEducationCodcprovides~fortbecstablishmmtof~hautborizcdtype(d 

plblicjonhrcoU~ SeeEduc~Ccdech.l3O,subch.B@nwidingforcstab~ofindqmdQlt 

school dblrict or city junior c&legs); id. sub&. C @mvidiq for cstablishamt of union, county, orjointanmtyjunioradleges). (ln1985thelc&lamenpealalsubchapterFofthcEducationCade,which 

putaid IO Ihe esIablishmwt of regional college diskts. Sre Acts MS, 69th Leg., ch. 302, &? 3.) By 

“counpdcindcpmdentachooldibtrictjuniorcollegc~wc wderawd seaioo 130.070(a) due 

Educakm C& to indicate a junior adleg district that is au&or&d by @on 130.004(a)(l) ood 

tstaMirhdwderchapbrl30,subchPpterBaadthatisbwnded,asistheindependcntscbDoldiariqby 

IlEcfamIyunes. 

ZTbc legishm enacted se&on 130.070 in 1972. See Acts 1972,62d Leg., 4th C.S., ch. 16.0 1, 

at 37. NoIatdy, prior to the emadmwt of EccIial 130.070, Ihis ooicc issued AtInrncy General opinioo 

M-1073 (1972), io which we coti&&, among o&r things whaher the Ckkws Junior College Di#rict 

migludisaMexIheMidIand IndepardentschoolDiict,IherehycrcaIingIheMidIaodlndqrcadeot 

School Dimict as a seprak junior college dkict. Attorney General Opinion M-1073 (1972) at 1. By 

that the, ofworse, tk legislature had enacted section 130.069 of the Education code, but it had not yet 

emackd se&m 130.070. This 05%~ determined that no UristinS statutg au&r&d the Odessa Junior 

College District to disanaar the Midland hdqmdent School District. Id. at 2. The opinion further 

statcdtbat,ascx.istinglawsdidnotauthoriz.esuchadisannexaIion, 

the only reworse would be le&lative action. Any law authori?& such 

di~tionwouldhwetobcagmallaw,underi\lticleUI,Scctioo56ofthe 

Texas constitution. 

Similarly, territory disan~& under a valid law could be formed into a 

ncwdistria,butthatmustbedoneunderaMilablegcnerallawandnotby~ 

ataMe. 

Id 

p. 1587 
bfr. KennethH. Ashworth - Page 3 (DM-297) 

participation in a junior college district pursuant to section 130.070(a) if the attendant 

ciramitances satisfy the following prerequisites: 

(1) The junior college district annexed the independent school 

district. See Educ. Code $5 130.064 - 130.068 (providing for 

annexation of territory to junior college district). 

(2) The independent school district is the only school district 

that the junior college district has annexed. 

(3) The independent school district is in a county that adjoins 

t&e junior dege district. 

(4) The junior college district is an independent school district 

junior college district, established pursuant to chapter 130, 

subchapter B of the Education Code. 

(5) The junior college district is countywide. 

(6) The junior college district has paid off any bonded 

indebtedness it huxured since the junior college district annexed the 

independent school district. 

(7) The independeatt school district will create a separate junior 

college district. 

Senate Bill 19, which, when mmctcd, arkkd section 130.070 to tbc Education Code, was 

itadwed at the fomth called session of the 62d Legislature. This office comdered, in Attomey GeneraI 

Opinion M-1235 (1972), the applicability of kste Bii 19 aad its compnnion bii, House BiU 33. llmt 

~inionquotrdthcfou~~factsfromthe~~sleaatothis~~: 

In their application, [Senate Bill 19 and Homx Bii 331, these biUs will 

applyonlytotbeOdez%JtiorCdlegeDiict. Apartoftbatdistrict 

comprisingthMidlaad~ntScboolDistrictwantsalegal~ra 

dimnnex itself from the Odessa Junior College District. 

Attorocy Gamal Opinion M-1235 (1972) al 1. In answer to tk requestor’s inquiries regading the 

applicabiity of the bills, the opinion concluded that “the bills in question apply to any idependent school 

d&rid which is the only school district that has been amxxed to a county-wide imkpendent school 

dislrict junior college district in an adjoining county.” Id. at 6. The opinion tktther advised that “the 

provisions of these bii wiU apply to deannedon procedun of territories of an idepdent school 

district which is the only school district that has been amxxcd to a cwMywide independent school district 

junior wllegc district in an adjoining county, whether such territory has been annexed prior to or 

wbseqowttothe mmcbnent of these bills.” Id. 

p. 1588 
Mr. Kenneth H. A&worth - Page 4 W-297) 

If all of these criteria are met, section 130.070(b) - (t) provides a procedure by which 

“[t]he proposed disanne.xation and creation of a separate junior college district” must 

occur.3 

We note that Needville lies in Fort Bend County, a county adjoining Wbarton 

County. However, we have not been advised whether the ciraunstances sat@ the 

prerequisites to the application of section 130.070(a) of the Education Code. See supru at 

3 @sting prerequisites for the application of section 130.070(a)). Accordingly, we cannot 

detemtine whether section 130.070(a) authorizes the Wharton County Junior College 

District to disaMe!x NISD. If NED is, in fact, “the only school district that has been 

ammxed to a countywide independent school district junior college district in an adjoining 

county.” and if “the countywide independent school district junior college district has no 

outstandhq bonded indebtedness which was incurred a&r the annexation of NED, then 

section 130.070 authorizes the disannexation, and NISD must comply with the procedures 

for disannexation and creation of a separate junior college district that section 130.070 

articulates. See supm note 3 (describing procedure). 

‘~130.070@)requiresapetitionsignedbyatleadfivepacmtdtbe~~ 

elcdors~tbcindependemrbooldistri~psJ;ingdisanmcatontoinitiatcthcpmposcddisanmcation 

andcreationofasepamtejuniorwllegedistrkt Tlxpetitionmustbepmmntedtotbboardofbustecs 

(tbe=bcd”)oftkiadepadeatscbwldi6lriuseekioglobc- Bduc.Code~130.070@). If 

thcboardappmvestbepetition,itmustforwardthcpditiontotbccoOrdinating~Tcxascdlcgeand 

University System (the %oonUwting board”). Id. 

Tkmordiaptiogboardmuslapprnvcutepctitionifthcwnnumningboardflmtstbepetitionm 

k io o&r and if all s&totmy provisions bavc bcw wmplied with. Id. 0 130.070(c). After the 

. . txlomaqboardhssnotifledtbebwrdoflheeoordinatingboard’sapprovaltbcboardmuaorderao 

ekdionndlcasibao2Odaysnormorethao3Odaysaftertheorderisissual. Id. Electionballctsto 

~fmvidcvding~nrcrc~ tk prtqcsih mnst pIwide as follows: lxion oftk - 

~JmdorC!oUegeD&ict,andcreationofthe~ Junior College 

Disnietwiulbwndsriescotamiowswitbtibmmdarieadtht - rodependent Moo1 Distkt.” Id. 

Within1Odaysafterholdingtheelection,theboardmustcanvam theretorosand&clarea 

tradt. Id. p 130.070(d). “lf a majority of the votes cast are in favor of d&me&on and creation of a 

sqamte jmdor wllege distrid, such imkpendent school district shall be deemed disanncxcd and 

wwtitutedasasepamtejuniorwllegedistrict.” Id. Chapter130,subchapterBoftheEducation &de, 

ptahiog to Utc establishment of aa independent school district junior college district (see supa nctc 1). 

pmvi&a the pmwdmv, the independent school district must use to wzate the sqamte junior wllege 

district. Id # 130.070(e). 

Any of&r mpresentbtg the disaonexed independent school district on the governing body of the 

amntywik indepeodeot school district junior college ditict is terminated, althougJ~ the remaining 

members of the goveming body continue to serve for the terms for which they were elected. Id. Finally, 

any petition for dkmmexation and cm&on of a sepamte junior wllege district may include a request for 

a0 election to &ctdc whether the seyate junior wllege district may issue bonds, levy bond taxes, and 

lmy msi&nmw taxes in the event the junior college district is cxated. Id. 5 130.070(f). 

p. 1589 
Mr. Kenneth H. A.&worth _ Page 5 (DM-297) 

In addition to sections 130.069 and 130.070 of the Education Code, article 2815~ 

V.T.C.S., ccmtinues to authorize the board of trustees of a joint-cmmty junior college 

district (see Educ. Code 4 130.004(a)(S); see &o id. ch. 130, sub&. C (providing for 

establishment of joint-county junior college)) to disannex any territory located more than 

55 miles i?om the location of the junior college, if a majority of the property owners in the 

territory desiring disammxation have petitioned the joint-county junior college district to 

be disannexed and ifthe board of the junior college district consents to the disannexation. 

NeedviUe is located less than 55 miles from the location of the Wharton County Junior 

College. Consequently, article 2815p, V.T.C.S., does not apply in this situation. 

#UMMA.RY 

Three statutory provisions authorize the disammxation of 

territory from a junior college district: sections 130.059 and 130.070 

of the Education Code, and article 2815p, V.T.C.S. Neither section 

130.069 of the Education Code nor article 2815~ V.T.C.S., 

authorizes Wharton County Junior College District to disa~ex 

Needville Independent School District. We are not presented with 

sufbient fitcts to determine whether section 130.070 of the 

Education Code authorizes the disamtexation. If section 130.070 of 

the Education Code is indeed applicable to the situation, that statute 

governs the procedure for the diwmexation. 

DAN MORALES 

Attorney General of Texas 

p. 1590 
Mr. KennethH. Ashworth - Page 6 (DM-297) 

JORGE VEGA 

Fii fbsimnt Attorney Gene-d 

DREWDURHAM 

Deputy Attorney General for Crimind Justice 

WILL. PRYOR 

specialcounsel 

RENEAHIcKs 

State Solicitor 

SARAH J. SHIRLEY 

Chair, Opiion Committee 

prepared byKymbedy K. Oltrogge 

Assistant Attorney General 

p. 1591