November 21, 1966 

Hon. J. W. Edgar 

Commlssloner 

Texas Education Agency 

Austin, Texas 

Dear Mr. Edgar: 

Opinion No. C-700 

Re: Construction of Article 

2806, Vernon's Civil 

Statutes, as amended by 

House Bill 166, Acts of 

the 59th Legislature, 

Regular Session, Chapter 

37, p. 101. 

Your request for an opinion on the above subject 

matter poees the following question: 

"18 Article 2806e (as amended In 1955) repealed by implication or otherwise by the reenactment of Article 2806,' as amended in 1965 

by House Bill 166, supra?" 

Article 2806, Vernon's Civil Statutes, as amended 

by the 1965 Act, provides in part: 

"(b) If only one Independent school.district is 

consolidated with one or'more common school districts 

the consolidated district shall bear the name of such 

independent school district, and the board of trustees 

of said independent school district shall serve as the 

board of trustees of the consolidated district until 

the next regular election of trustees, as prescribed by 

general law, at which time the consolidated district 

shall elect a board of seven trustees, whose powers, 

duties, and terms of office shall be in accordance 

with the provisions of the general laws governing independent school districts, as they now exist or may 

be thereafter enacted; provlded, if two or more independent school districts are included In such consolidation the consolidated district shall bear the 

name as prescribed In the petitions for consolidation 

but such name shall Include the words 'Consolidated 

Independent School District', but the board of trustees 

of the independent school district having the greatest 

number of scholastics at the time of such consolidation 

shall aerve.as the board of trustees of the consoli- 

-3741- 
Hon. J. W. Edgar, page 2 (C-780) 

dated district until the next regular election of 

trustees, as prescribed by general law, at which time 

the consolidated district shall elect a board of seven 

trustees, at least two of which trustees shall be 

elected from the area of each former independent district Included in said consolidation, whose powers, 

duties, and terms of office shall be In accordance 

with the provisions of the general laws as they now 

exist or may hereafter be enacted; provided, further, 

that when it is proposed to consolidate contiguous county 

line districts, the petitions and election orders prescribed In this Act shall be addressed to and issued by 

the county judge of the county having jurisdiction over 

the principal school of each district and the results 

of the election shall be canvassed and declared by the 

commissioners court of said county. 

"(c) If less than a majority of the votes cast In 

any one of the districts is in favor of the consolldation, then another election Involving the same consolidation proposal may not be held until at least one 

year has elapsed since the date of the election." 

Article 2806e, Vernon's Civil Statutes, provides: 

"From and after the effective date of this Act 

wherever under existing law one (1) or more independent school districts are consolidated with one 

(1) or more common school districts or two (2) or 

more independent school districts are consolidated, 

and one of such Independent school districts so 

consolidated with one (1) or more others, either 

Independent or common school districts, shall have 

at the time of such consolidation a scholastic enrollment in excess of five (5) times that of the 

other district, or in excess of five (5) times the 

combined scholastic enrollment of all the other districts included in such consolidation, the Board of 

Trustees of said larger district shall serve as the 

Board of Trustees of the consolidated district until 

the terms of the respective members thereof shall 

?=I 

at which time their successors shall be 

e ected from the consolidated district as provided 

by lawt it being the intention to provide herein 

that the respective trustees of the larger district 

shall serve until their current terms expire and 

their successors are elected from the consolidated 

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.I 

Hon. J. W. Edgar, page 3 (C-780) 

district; and It shall not be necessary to elect 

another new Board for the consolidated district 

at the next general election following the consolidation, but there shall be elected from such 

consolidated district at such time only the 

successors to those members of the Board whose 

terms expire then.” 

Article 2806 was re-enacted by the 1965 amendment 

without any change of verbiage. The 196 

the nrovlslons set out In Subdivision (c 7 

Act merely added 

above quoted. 

The caption of the 1965 Act reada “An Act amending Article 

2806 of the Revised Civil Statutes of Texas, 1925, as amended, 

to limit the frequency of school district consolidation 

elections; and declaring an emergency.” Thus, the purpose 

of the amendment was limited to that purpose stated in the 

title, to wit, limiting the frequency of consolidation 

elections and was not intended to make other changes in the 

law existing at the time of the amendment. At the time of 

the amendment, Article 28060, applicable to consolidation 

elections, Involved school districts wherein an independent 

school district has in excess of five times the combined 

scholastic enrollment of the other districts lnoluded in 

the oonsolidatlon, and therefore constituted an exception to 

Article 2806, Vernon’s Civil Statutes. It is our opinion 

that the 1965 amendment to Article 2806 did not repeal the 

exception provided in Article 2806e by merely re-enacting 

its provi slons. No language is contained In the 1965 amendment as would indicate a legislative intent to change the 

existing law with reference to the terms of office of the 

Boards of Trustees. Furthermore, the title of the 1965 

amendment would not authorize a construction which would 

repeal Article 2806e. We are in agreement with your conclusion that Article 2806e has not been repealed or modified 

by the provisions of House Bill 166, Acts of the 59th Legislature, Regular Session, 1965, Chapter 37, p. 101. 

------- SUMMARY 

House Bill 166, Acts of the 59th Legislature, 

Regular Session, 1965, Chapter 37, p. 101, amending 

Article 2806, Revised Civil Statutes of Texas, 1925, 

so as to limit the frequency of school district consolidation elections does not repeal the provisions 

of Article 2806e providing for the terms of the re- 

-3743- 
I. . 

Hon. J. W. Edgar, page 4 (C-780) 

spwtlve members of Boards of Trustees of certain 

consolidated school districts consolidated pursuant 

to its provisions. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

JR:mh:sck 

APPROVED: 

OPINION COMMITTEE 

W. V. ffeppert, Chairman 

Gordon Houaer 

Ralph Raah 

James C. McCoy 

Pat Bailey 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

-37447