Our answer,therefore,to the first part of your questionis that the title to such lot did not &mss frcmthe school authoritiesinto the last Board of Trusteesof the F & T Consolidated CommonSchool Districtfor the use and benefitof the ammunity.
Art. 2806, V.A.C.S.,as emendedby Acts 1945, 49th Leg., p. 416, Ch. 264 providesin prt as follows: I. q . Where one or mars independentschooldis- trictsare oonsolidated t,getheror with one or more common schooldistrictsthe consolidateddistrictsshall constitutean independentschooldistrict,and shall have all the rights,powers and privilegesgrantedto inde- pendentsohooldistrictsby the lawsof this State.
"If only one independentschooldistrictis oonsol- idatedwith one or more ocmmonschooldistricts,the con- sol dated districtshall bear the name of such independent schooldistrict,and the board of trusteesof said inde- pendentschool districtshall serve as the board of trus- tees of the consolidateddistrictuntil the next regular electionof trustees,as prescribedby generallaw, at which time the consolidateddistrictshall elect a board of seven (7) trustees,whose powers,duties,and terms of office shall be in accordancewith the provisionsof the generallaws governingindependentschool districts,as they now exist or may be thereafterenacted;. . .a
It is our understanding that under the provisionsof Art. 2806, the F & T ConsolidatedCommon SchoolDistrictconsolidated withthe Marble Falls IndependentSchoolDistrictand the new districtis now known as the Marble.FallsIndependentSchool District. The powers and duties of the Marble Falls IndependentSchoolDistrictBoardof Trustees,as designated by statute,shall be in accordancewith the provisionsof the generallaws governingindependentschool districts. The schoolpropertieswhioh prior to the consolidation were vested in the BDard of Trusteesof the F & T ConsolidatedCommonSchool Districtin trust for that schooldistrictare now vested in the Board of Trusteesof the krble Falls IndependentSchool Distriot,the successorsin officeas designatedin the deed, by reason of the consolidation of the district,and in accordancewith the provisions of Art. 2772,Vernon'sAnnotatedCivil Statutes.
Art. 2773,Vernon'sAnnotatedCivil Statutes,providesas fol- . -
Hon. Ben L. King, page 5 (O-7265)
"Art. 2773. Sale of schoolproperty.
'Any houses or lands held in trust by a~ city or town for public free sohoolpurposesmay be sold for the purposeof imesting in more convenientand desir- able schoolproperty,with the consentof the State Eoard,by the board of trusteesof such city or town; and, in such case,the presidentof the schoolboard shall executehis deed to the purchaserfor the same, recitingthe resolutionof the State Board giving consentthereto and the resolutionof the board of trusteesauthorizingsuch sale."
Under the facts submittedand for the purposeas set out in Art. 2773, it is the opinionof this departmentthat the proper school authoritiesof the Marble Falls IndependentSchoolDistrictnow can sell such lot and the buildingserectedthereonunder the provisionsof the statuterelatingto the sale of schoolproperty.
Trustingthat the above satisfadorilyanswersyour inquiry, we remain Very truly yours
ATTORNEYG-2NEWLOFFTEXAS
w /s/~ester E. Ollison
~Chester E. Ollis& Assistant
APPROTJEDJUN 20 1946 /s/ CARLOSasmy FIRST ASSISTANT ATTOREEYGENE&U
AWRDVED Opinion t+mmittee By BWB Chairman