June 8, 1967
Honorable J. W. Edgar Opinion No. M-86
Commissioner of Education
Texas Education Agency Re: Whether Sections 3 and 4 of
Austin, Texas Article 26881-l supersede
and have application, in
lieu of Section l(c) of
Article 26aae, to counties
(other than Gollad) which
have abolished the elective
county superintendent, and
thereafter abolished the
office of ex officio county
superintendent and county
school board under Article
Dear Dr. Edgar: 2688e, and related questions.
In connqctlon with your first question, you have advised
us that Stephens County, on June 26, 1965, by an election held In
that county, abolished the office of county school superintendent.
On April 1, 1967, by an election held in Stephens County, the office
of ex officio county school superintendent and the county school
board were abolished. Your essential question Is which of two
possible statutes apply to the actions taken by Stephens County:
Article 2688e, Vernon’s Civil Statutes, or Article 26881-1, Vernon’s
Civil Statutes. In this connection we quote a portion of Article
26801-i :
‘Section 1. This Act applies to a county
“(1) If the office of county superintendent
and the county school board has been abolished In
the county; and
“(2) If the county has one county-wide lnde-
pendent school district and no common school dis-
trlct.
“Sec. 2. The office of ex officio county super-
intendent is abolished upon the effective date of this
Act. ”
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. .-
Dr. J. W. Edgar, page 2 (M-86)
It Is apparent from Section 2, supra, that the primary
purpose of Article 26881-l was to effect the abolishment of the
office of ex officio county superintendent In certain counties.
Inasmuch as the county here involved abolished the county school
board and the ex officio county superintendent at the same time,
It Is the view of this office that the requirements of Article
26881-l were never met, and that Stephens County remained within
the scope of Article 2688e. This would also be true of all other
counties Involved In abolishment situations which do not come
wlthln the precise terms of Section 1, Article 26881-1, quoted,
In part, supra. It therefore follows that those counties which
do not fall within the terms of Article 268814 must continue to
follow the procedures established in Article 2688e. In answer to
your specific question, you are advised that Sections 3 and 4 of
Article 26881-l do not supersede and have application, in lieu of
Section l(c) of Article 2688e, to counties (other than Gollad)
which have abolished the elective county superintendent, and there-
after abolished the office of ex officio county superintendent and
county school board under Article 2688e.
Dependent upon the answer to your first question, you
have asked the following:
When should the county judge's services
and additional compensation as ex officio county
superintendent In Stephens County cease.
In connection with this question, we quote Article 2688e, Section
l(c), Vernon's Civil Statutes:
"(c) Where the majority of the qualified
electors approve the abolition of the office of
the ex officio county superintendent and county
school board, the duties of such abolished offices
as may still be required by law shall be and become
the duties of the office of county judge of said
county upon the expiration of the current term of
office of the ex officio county superintendent, and
said county judge shall not be entitled to nor re-
ceive any additional comEensatlon as a result of
these additional duties.
It Is our view that the plain terms of the statute operate to
transfer the duties of ex officio county superintendent to the
county judge only upon the expiration of the current term of
office of the ex officio county superintendent. The net effect
Is that the county judge (who acts as the ex officio county super-
intendent) receives remuneration for acting as ex officio county
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Dr. J. w. Edgar, Page 3 (M-86)
superintendent up until the time of the expiration of his current
term of office, at which time he Is required to perform the same
duties without remuneration.
SUMMARY
Sections 3 and 4 of Article 26881-1, V.C.S.
do not supersede and have application, in lieu
of Section l(c) of Article 2688e, V.C.S., to
counties (other than Gollad) which have abolished
the elective county superintendent, and thereafter
abolished the office of ex offlclo county superln-
tendent and county school board under Article
2688e.
Where the office of ex officio county superln-
tendent has been abolished under Article 2688e,
V.C.S., the abolishment takes effect upon the ex-
piration of the current term of the ex officio
county superintendent, at which time the duties
devolve upon the county judge, who shall perform
these dutles without additional compensation.
V truly yours,
2@ -
Prepared by Malcolm L. Quick '
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
W. V. Geppert, Co-Chairman
John Banks
John Fainter
Kerns Taylor
Alan Minter
STAFF LEGAL ASSISTANT
A. J. Carubbi, Jr.
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