April 1, 1974
The Honorable J. W. Edgar Opinion No. H- 266
Commissioner of Education
Texas Education Agency Re: Whether ISD once having pro-
201 E.” Eleventh Street vided for a runoff election,
Austin, Texas 78701 must do so in each election
thereafter
Dear Dr. Edgar:
In 1955 the Texas Legislature adopted Article 2775s-1, Vernon’s
Texas Civil Statutea, authorizing the trustees of independent school
districts to order that all candidatea for school trurtee be voted on by
position and be designated on the ballot according to the number of the
position which they sought. It further provided:
“Once the Board of Truateen of an independent school
district shall have adopted the foregoing procedure
for electiopr, said Board of Trusteesbi their auccee-
#ors may not rescind the action which adopted the
foregoing procedure. ”
Pursuant to this legislation, the Board of Trustees of the Abilene
Independent School District resolved that its trustees would be 80 elected.
Election wao on the basis of the winning candidate having a plurality of
the votes. There were no runoff elections.
In 1969, with the adoption of the Education Code, V. T. C. S., Article
2775a-1 became $23. I1 of the Code. The language of Article 27758-l
which we have quoted became Subsection (0 of 5 23.11:
‘l(f) Once the board of trustees of an independent school
district has adopted the provisions of this section,
neither the board of truatees nor their Buccee#or# may
rescind the action. ”
p. 1248
The Honorable ‘i. W. Edgar, page 2 (H-266)
In 1971 by Acts 1971, 62nd Leg., ch. 760, p. 2410, effective
August 30, 1971, $23.11 ~8s amended by adding to it Subsection (h):
“(h) The board msy also provide by resolution,
at least 60 days prior to the election, th8t if no c8n-
did8te for 8 position receives 8 majority of the votes
cast for that position the bo8rd will order 8 runoff
election ,to be held not more th8n 30 d8ya 8fter the
date of the first election. At that runoff~election, the
n8mea of the two persons receiving the higheot num-
ber, of votes for that position in the first election~sh811
be pl8ced on the bbllot. ”
Pursubnt to this authority, the Borrd of Trustees of the Abilene
District, in 1972 sdopted the following resolution:
“BE IT FURTHER RESOLVED, that if in the election
herein cslled,for April. 1, 1972, no: cbndidate for :8
position on the. ballot ah811 receive 8 mrjor,ity of the
votes cart’for’.auch position, the Bosrd of Educ8tio,n
will order 8 runoff election to be held not more thrn
thirty days after the dste of the first election, and th8t
the names of the two perrons receiving the highest
number of votes for that position in the first election
shall be plrced on the brllot for the runoff election.”
There has been no rimilbr resolution adopted with reference to
the election to be held April 6, 1974. ,Youhsve asked:
“Under the submitted facts. leg8lly must 8 runoff
election be called in the April 1974 trustee election *
of the Abilene school district, should 8 candidrte not
receive 8 majority vote in 8 numbered position up
for election.
“St8ted 8nother way. where the district h8s once
provided for 8 runoff election - even though limited
p. 1249
The Honorbble J. W. Edgar, p8ge 3 (H-266)
by ite resolution to 8 p8rticul.r year - must it
there8fter hold runoff elections in plur8lity vote
oituationr. ”
Our function ib to attempt to determine the intent of the Legirlrture.
53 Tex. Jur. Zd, StatUtee, $125; p. 180 et seq.
Subsection (f) refere to “the provisions of thin section.” “This
aection” is § 23. Il. The 1971 Act rdopting Subsection (h) epecificrlly m8de
it 8 part of 3 23.11. Therefore,‘re of the 1972 adoption of the resolution
providing for 8 runoff by the Abilene Dietrict. Subsection (h) w8e one of
the “proviaione of this section” which, once bdopted, there8fter could not
be rescinded by action of the trueteer.
It is our opinion, therefore, thrt, once h8ving adopted the provirionr
of Subrection (h), even though itr reeolution referred epecificrlly to the
1972 election, the Borrd of Trurteee of the Abilene Independent School
District w8e withdut 8uthority to ch8ngc the rule 8nd that, in the 8brence
of 8 court decision or rhtutory chmge, the elections of trueteen for’th8t
dirtrict murt be determined in runoff eleciione if there is no m8jority on
the firae b8llot.
SUMWRY
Once 8 echool district,, rubjstt to the provisionr
of Article 27758-1, V. T. C.S., or 0 23.11, Educrtion
Code, V. T. C. S. , h8e 8dopted 8 runoff 8e 8 merne of
determining the election of itr trusteea. all ouch elec-
tions there8fter will be dttermined in that manner. ’
DAVID KENDALL, Ch8irm8n
Opinion Committee
p. 1250