HonorableE W. Easterling Comty Attorney JeffersonCounty Beaumont,Texas
Dear Sir: opinionNO. o-2236 Re: In tha event the described indapendentschooldistrict Is dissolvedunderArticle 2767 or Articles29228,what villbe the statusof the territory?
We are in receiptof your letterof April 12, 1940, in which you request the opinionof this departmentas to the proper procedureto be followed in dissolvingthe HampshireNew HollandSchool Districtof JeffersonCounty.
You state that on September5, 1927, the County Board of Trusteesof JeffersonCouoty,under the provisionsof Article2922a,R. C. S., 1925, @ouped the HenMhire CommonSchool Districtand BlewHollandSchool Districtto form a rural high school district. In 1927, pursuantto an electionheld for that purpose,such districtwas incorporated as an independentdistrict.
Your lettercontinuesas follows:
"It 5.snow the &sire on the part of so&of the residentsof this districtto abolishthe now existingindependentdistrict and to continuaunder the originalplan of two commn school districts.
"Our questionto you is, What procedureis necessaryto abolish the districtas it now stands? In the event the independent districtIS dissolvedeitherby the procedureoutlinedin Article 2767 or Article2922a of the Statutes,what will be the status of this territory? Will the originalcommonschool districts from which sprang this one independentdistrictbe autJmat.ically revivalbyvirtue of the dissolution,or will it revertto ,khe statusof a rural high school district,which, in turn would have to be dissolvedbefore the two originaldistrictscould continueto operateas they were originally,that is, as two co-n school districts? Hon. E. W. Easterling,Paga #2 (o-2236)
"Shouldthe procedureoutlinedxmder Articles292a, et sec., R. c. s., 1929,be followedor shouldwe proceedunder Articles 2767, et seq., R. C. S., lg25Y"
Youwere advisedby this departmentin a letteropiniondated December 16, 1938, that the districtshouldbe dissolvedunder the provisions of Article2922a,et seq.; however,you suggestthat all the facts were not before the depertmentat that time and thereforerequestour opinion.
The statutesof Texas containno specificprovisionauthorizingthe incorporation of a rural high school districtinto an independent district;however,this departmentruled in a letteropinionto Hon. Harley Alexander,dated March 18, 1930, that the territorycomposing a rural high school couldbe incorporated as an independentdistrict. For the purposeof answeringyour questions,ve assume the correctness of that opinionwithout passingthereon. In this connection,we also call attentionto Acts 1931, k2nd leg., Ch. 257, p. 117 (Art.27423, Sec. 2, Vernon'sTex. Civ. Statutes),validatingthe creationof independentand other school districts.
Article2922a,R. C. S., 1925, sets out the procedurefor abolishinga rural high school districtand providesthat the severalelemantary districtsshall automatically revert back to their originalstatus.
Article2767, R. C. S. 1925, providesthe procedurefor abolishing an independentschool district.
The two commonschool districtsreferredto in your letterbecome "elementarydistricts" within the meaningof Article2922a, supra. Article2922b,R. C. S., 1925, Upon being groupedfor high school, they did not lose their separateidentityand the groupdngdid not have the'effect-of-abolishingthe commonschooldistrictsin the group. Chastainvs. Mauldin, (T. C. A. 1930) 2 S. W. (2d) 235.
Article2767f.Vernon'sTexas Civil Statutes,(Acts 1927, 40th Leg., Ch. 294, Sec. 1, p. 444) reads as follows:
"Upon the abolishmentof an independentschooldistrict createdby specialor local law out of territorytheretofore containingtwo or more commonschool districts,said common school districtshall immediatelycome into existenceby operationof law with the same boundariesthey had prior to the creationof said independentschool district;and all funds,property,rightsand liablilitiesof the abolished independentschool districtmay be dividedas between the said common school districtsby agreementbetweenthe trusteesof said commonschool districts. In the