TWEATTORNEYGENERAII,
OFTEXAS
Aun~w. TEZXAS 78711
:
October 19, 1977
in
Honorable M.. L. Brockette Opinion No. H-1074
Commissioner of Education.
Texas Education Agency' Re: .&layterms of school
201 E. Eleventh Street district trustees be changed
Austin,,JTexas from six years to three
_ years?
Dear Mr; Brockette:
You have, requested:our opinion'c&ce&nq the following
questions; .,.
;i(l,)
~Bay a .echool,di.etri.ct
that has~.pre-
.~v&msly.instituted a texm 05~six years
for ite trusteea under.either,qeneral or
special law of this state revert back to
.....aterm of,,:threeyeacsiby ,a majority vote
: MI subsection.
~.of.i~t~B't~i1st~~'eursuant (bl
0f~Section 23.131 .'
. . ”
; ., ,; :’
(2).'If so, ~ho&~&&&ds ~hav&.unex~
.p,ired
terms as of thedate of We.election
at which the three-year term is adopted
. continue.~to'serve tihe.unexpLred,portions.
of their six-year terms, orishould one-,
two-.,.o'rthreeyear-eerms for all seven ‘.
trustees be .drawnby.Lot,as provided in
subsection.,( Section 23.13?. (:
-;: ., ,, '&
youadv!Use that :purssantto former article 27746, V.T.C.S.,
presently section:,23.;1,4~f.the,Education Code*,the Board of
Trustees ,of an i:ndependent~schoo,lB&strict adopted six year
terms by a majority vote. .Secti'on 23.14 contains no language
which ,would'preventthe Board from,revokinq its adoption of
six year terms. Cf. Education Code, ,9 23.11(f'):;See Attorney
General ~Op%nion.,?Iz6 (L~974),,: ~: 'I
I... I.,.
&ction~23.l3;ef me ~Educat&'Co& pxovides in part:
,: s !.(b) Th~eei& og trtrstees.m& be three
.(3),years in any!in&pendent.distri~ct-,other
than a county-w&de .d&trict 'inwhiczhthe
trustees, by a majority ~vote, adopta three-
year 'termand, at least'90 days .priorto a
Honorable M. L. Brockette - Page 2 (H-1074)
regular election date, publish in a newspaper
printed in the county in which the district
is situated notice of the election and the
terms for which the trustees are to be elect-
ed.
(c) Elections shall be held annually.
At the first regular trustee election after
the creation of the district or the adoption
of the three-year term, as provided above, the
seven trustees elected shall determine by lot
the terms for which they are to serve, as
follows: the three members drawinq~numbers
1, 2, and 3 shall serve for a term of one
year: the two members drawing numbers 4 and
5 shall serve for a term of two years: and the
: - two-members drawing numbers 6.and:7 shall
serve for a term of three years.
(d) Each year, following the first election,
eitherthree,or. two trustees shall:be elected,
the number dependinq~upon that required to
constitute a board of seventrustees.
Subsection ($1 clearly.authorizes "any independent school dis-
trict, other~than a,county-wide district" to adopt three year
terms by majority vote of the ,trustees.~Accordingly, in our
opinion any independent school district other than a county-,
wide distrrict.mayestablish three year terms for trustees by
majority~vote.of the board.
Your,second.question,is whether al.1positions on the board
must be filled at the next election following the adoption of
three yearsterms. Subsection (c) of section 23.13 clearly
contemplates that%even trustees" will be elected in 'suchan
election. Therefore, in our opinion all seven positions on the
board must be filled in the next election following an adoption
of three year terms., See Attorney General Opinions H-220 and
H-219 (1974). The ter%Tof those elected is governed by sub-
section (c) of sect.ion23.13.
., .S u M.M:A R.Y
Any independent school district other than
a county-wide district may adopt three,year
terms for trustees.by majority vote of the
board of trustees. Al.1positions on the
board must be filled in the next election
pursuant to subsection (c) of section
23.13 of ~theEducation Code.
P- ,,44?0,
:;
Honorable M. L. Brockette - Page 3 (H-1074)
APPROVED:
DAVID M. KENDALL, .First Assistant
c. ROBERT REATH,.ChairRIan
Opinion
: Comittf+e
jat "'
p. 4401