November 21, 1966

Hon. J. W. Edgar Commlssloner Texas Education Agency Austin, Texas

Dear Mr. Edgar: Opinion No.C-700

Re: Constructionof 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:

"18Article 2806e (as amended In 1955) repealed by implication or otherwiseby the reenactment of Article 2806,' as amended in 1965 by House Bill 166, supra?"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.districtis consolidatedwith one or'more common school districts the consolidateddistrict shallbear 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 consolidateddistrictuntil the next regular election of trustees, as prescribed by general law, at which time the consolidateddistrict shall elect a board of seven trustees,whose powers, duties, and terms of office shallbe in accordance with theprovisions of the general laws governing independent school districts, as they now exist or may be thereafter enacted;provlded, if two or more independent school districtsare included In such consolidation the consolidateddistrict shall bear the
name as prescribed In thepetitions for consolidation but such name shall Include the words 'Consolidated Independent School District',but the board of trustees of the independent school districthaving the greatest number of scholasticsat the time of such consolidation shall aerve.as the board of trustees of the consoli-
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dated districtuntil the next regular election of trustees,as prescribedby general law, at which time the consolidateddistrict shall elect a board of seven trustees,at least two of which trustees shallbe elected from the area of each former independentdistrict Included in said consolidation,whose powers, duties, and terms of office shallbe In accordance with theprovisions of the general laws as they now exist or may hereafterbe enacted;provided, further, thatwhen it is proposed to consolidate contiguous county line districts, thepetitions and election ordersprescribed In this Act shallbe addressed to and issuedby the county judge of the county having jurisdictionover the principal school of each district and the results of the election shallbe canvassed and declaredby the commissionerscourt 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 consolidationproposalmay not be held until at least one year has elapsed since the date of the election."

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

"Fromand after the effectivedate of this Act wherever under existing law one (1) or more independent school districts are consolidatedwith one (1) or more common school districts or two (2) or more independent school districtsare consolidated, and one of such Independent school districts so consolidatedwith one (1) or more others, either Independent or common school districts, shall have at the time of such consolidationa scholasticenrollment in excess of five (5) times that of the other district,or in excess of five (5) times the combined scholasticenrollment 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 consolidateddistrictuntil the terms of the respectivemembers thereof shall

?=I at which time their successors shallbe
e ected from the consolidateddistrict as provided by lawt it being the intention to provide herein that the respective trustees of the larger district shall serveuntil their current terms expire and their successorsare elected from the consolidated

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

district;and It shall not be necessary to elect another new Board for the consolidateddistrict at the next general election following the consolidation,but there shallbe elected from such consolidateddistrict at such time only the
successors to thosemembers of the Board whose terms expire then.”

Article 2806was re-enactedby the 1965 amendment without any change of verbiage. The 196 the nrovlslons set out In Subdivision (c 7 Actmerely 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 frequencyof school district consolidation elections; and declaring an emergency.” Thus, the purpose of the amendmentwas limited to that purpose stated in the title, to wit, limiting the frequency of consolidation elections and was not intended tomake 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 districtswherein an independent school districthas in excess of five times the combined scholasticenrollment 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 exceptionprovided in Article 2806e by merely re-enacting its provislons. 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 amendmentwould not authorize a constructionwhich would repeal Article 2806e. We are in agreementwith your conclusion that Article 2806e has not been repealed or modified by theprovisions 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 consolidationelections does not repeal the provisions of Article 2806e providing for the terms of the re-

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.

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

spwtlve members of Boards of Trustees of certain consolidated school districts consolidatedpursuant to itsprovisions.

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

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