THE ATTQBRNEY GENERAL
Q,P TEXAS
AUBTIN. - 78711
CmWPORD C. MARTIN
ARORNISY CaEnERAl. August28, 1970
Dr. J. W. Edgar Opinion No. M-677
Commissioner of Education
201 EiaatEleventh Street Re: Whether Section 3-b of Article
Austin, Texas 78711 VII of the Texas Conatltution,
as amended in 1966, obviates
the necessity to hold an elec-
tion in Independent school
diatrlota where there haa been
a change In the boundaries by
annexation or consolidation to
determine whether the resultant
district shall aaaume any out-
standing bonds aa well as levy
bond and maintenance taxea
therein.
Whether Section 16.80 e) of the
Texas Rducation Code Acts 61st
Leg., R.S. 1969, ch. H89, p.2709)
requires that an election be
held for the assumption of out-
standing bonda, If any, and ttbu
levying of bond and maintenance
taxes as an incident to any
consolidation effected under +he
provlalons of aubaectlon (a) of
Dear Dr. Edgar: Section 16.80, aupra.
In response to your request for an opinion from this office
concerning specific election requirements in connection with
school consolidation and annexation matters and the neceaaary
adjustment of bonded Indebtedness in connection therewith we
will first conalder the application of Section b of Article VII
of the Constitution of Texas, as amended In 1962-, and Its rela-
tion to Independent school d.latrlcta.
The pertinent parta of the above mentioned conatltutlonal
provision reads as followa:
"No tax for the maintenance of public free
achoola voted In any independent school district
nor any bonds voted In any such district
but klsaued, shall be abrogated, cancelled or'
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. .
Dr. J. W. Edgar, Page 2 (M-677)
Invalidated by change of any kind In the boundaries
thereof. After any change In boundaries, the
governing body of any such district, wlthoxthe
necessity of an additional election shall have
the power to assess, levy and colle& ad valorem
taxes on all taxable property within the bsundarlea
of the district as changed, for the purpoaa of
the maintenance of public free schools and
the payment of principal of and Interest dn'all
bonded Indebtedness outstanding against, or attrl-
butable, adjusted or allocated to, such district
or territory therein, , . ." (emphasis added)
The language above cited clearly deals with any boundary changes
In Independent school districts, either by consolidation of
entire districts or annexation of additional lands thereto, and
In either event obviates the need for elections.
The Texas Education Code, Sec. 19.461, appears to be IF
conflict with the constitutional provision above cited, wherein
It states that "The trustees of any school district
common, or rural high school as such district exists%%%?
aolldatlon, annexation, subdivision or any other authorized type
boundary change, are authorized to I?allan election" to assume
any bonded or other debt created by the district as It previously
existed and levy bond and maintenance taxes. (emphasis added)
Section 19.243(a) of subchapter H of the Code, dealing
exclusively with consolidation of school districts further states
that,
"If at the time of the proposed conaollda-
tion there are outstanding bonds of any district
included in the proposed consolidation, an elec-
tion shall be held to determine whether or not the
consolidated district shall assume and pay off the
outstanding bonds, and levy a tax therefor."
The proposition that constitutional provisions are given
priority over state statutes la so elementary In law that no
authority need be cited for this point. Where conflicts of this
nature exist, the conflicting portions of the state statute are
deemed as aurpluaaa e .without legal effect. /16 Am..Jur.2d.,
194, page 457/
Constltutlonal Law Ia In our situation the above
provisions could impose no requirements on independent school
districts to hold elections following boundary changes for Sec-
tion 3-b of Article VII of the ~Conatitutlonof Texas controls on
this point.
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. . -
Dr. J. W. Edgar, Page 3 (M-677)
When dealing with the election question In conaolld8tion
cases lnvolvln dormant school districts under the provlalona of
Section 16.80 a) (e) of the Texas Education Code, the nature of
the resultant school district would control.
The salient provlalona of that section read as follows:
"(a) The county school boards of all counties
of the state are authorized and required;to con-
solidate by order of said board each dormant school
district within the county with an adjoining dla-
trlct or districts.
"(0) Elections shall be held when required by
law In such conaoll.dateddi'atrictafor ,theassumption
i%-hutatandlng~bonda, If any for the levying of
taxes therefo'r,and for the ievylng of a local ,eln-
tenance tax." (emphasis added)
The oonaolldatlon of any dormant school district with an
Independent school district will result In an Independent school
dlatrlct, (Sections 19.236, 19.237, 19.238, 19.240, 19.241,
19.242, Texas Education Code) and consequently the question of
taxiand bond assumption elections In these cases la controlled
by Section 3-b of Article VII, Constitution of Texas.
Any other combination of school districts required to be
consolidated under the provisions of Section 16.80(a) of the
Code, are required to hold the election called for In subsection
I of that Section where the resultant district la,not lnda-
pendent In nature.
SUMMARY
Where there la any change in the boundaries of an
Independent school dlatrlct, there la no requirement
that an,electlon be held.,toassume the outstanding
bond or other lndebtednsaa of the district as It
existed prior to the consolidation or annexation, nor
la there any requirement that a bond or maintenance tax
be voted. This same rule applies where consolidation
of school districts la effected under the provlalona of
Section 16.80(a) of the Texas Education Code and the
resultant district la Independent In nature. An election
1s required In those altua$lona where the resultant
school district la other than independent in nature.
Article VII Section 3-b, Constitution of Texas as
amended, p&alla over Sections 19.243(a) and 14.461,
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Dr. J. W. Edgar, Page 4 (M-677)
Texas Education Code to the e nt of conflict.
.?F
Prepared by Robert B. Davis
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Dyer Moore
Ralph Rash
Houghton Brownlee
John Reeves
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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