Untitled Texas Attorney General Opinion

, . Honorable J. W. Edgar Opinion No. C-628 Commissioner of Education Texas Education Agency Re: Whether Article 8309e-1, Austin, Texas V.C.S. has permissive application to a county- line independent school district under the juris- diction of a county having population of 1,200,OOO or more (the major portion of its territory being located therein) and Dear Dr. Edgar: alternative question. You have requested an opinion of this office on the following questions: "(1) Does Article 8309e-1 have permissive application to a county-line independent school district'under the jurisdiction of a county having population of 1,200,OOO or more (the major portion of its territory being located therein)? "(2) If (1) is answered affirmatively: Must the workmen's compensation law, if adopted, be made available to all of the employees of the independent school district; can it be for selected employment groups?" Article 8309e-1, Vernon's Civil Statutes, provides in part as follows: "Set?.1. In all counties having a population of... (1,200,OOO) or more, all independent school districts located therein are hereby permitted and authorized to provide insurance for all employees of such independent school districts, such power and authority to be -3045- . \ Bon. J. W. Edgar, page 2 (C-628) exercised in accordance with the provisions of Article 2809c . . . as it now exists or as it may be hereafter amended . . . "Sec. 2. The Board of Trustees of any such independent school district may, by an order or resolution duly adopted and entered in its minutes, adopt the provisions of Article 2809e . . ., and may by the terms of such order or resolution makesall the provisions of said Article . . . applicable to such school distr,ictsand its employees . . .'I (Emphasis added). In your letter, you state the pertinent facts to be as follws:~ "Goose Creek Consolidated Independent School District is a county-line district under the jurisdiction of Harris County, a county having more than 1,200,OOO population. The larger part of its territory is in Harris County, the remainder extends into Chambers County. Its Board of Trustees is currently studying the possibility of adopting the provisions of Article 8309e-1. Because of the wording in Section 1 thereof, the Board is concerned whether the law',sapplication is limited to in- dependent school districts that are wholly 'located therein' such a bracketed county or likewise is applicable to a county-line independent school district, when the major portion of its territory is ,locatedwithin such county." Article 8309e-1, Vernon's Civil Statutes, in part reads: "Sec. 1. In all counties having a population of... (1,200,OOO) or more, all independent school districts located therein are hereby permitted and authorized . . ." (Emphasis added). We are of the opinion from the reading of the above provision, that the language used is plain and unambiguous in its meaning and in such case the law will be applied and enforced -3046: . - Hon. J. W. Edgar, page 3 (c-628) as it reads, regardless of policy, fairness or justice of its effects. Gilmore v. Waoles, 108 Tex. 167, 188 S.W. 1037 (1916): Vauqhan v.,Southwestern Surety Insurance Co., 109 Tex. 298, 20G S.W. 920 (1916): Simmons v. Arnim, 110 Tex. 309, 220 S.W. 66 (1920); Gatelv v. Humphrey, 151 Tex. 588, 254 S.W.2d 98 (1952). "Located" as defined in Black's Law Dictionary, 4th Edition, refers to "situs, placed in a particular spot or fixed position", while "therein"~is defined in Black's as meaning "in that place". See also 25 Words and Phrases 257, "located" and 41A Words and Phrases, page 18, "therein". Taken together, the phrase "located therein" means placed or fixed in a particular position or spot and'under grammatical construction refers back to and modifies "counties" (county of 1,200,000), thus giving the clear meaning that in order for Article 8309e-1 to be permissively operative, the subject school district must be wholly located or situated in the terri- torial limits or boundaries of a county of 1,200,OOO or more population. Had the Legislature in enacting Article 8309e-1 in- tended to impart a different meaning from the one which we reach herein and intended to make provisions for county-line districts, it could easily have done so by using language similar to that used in Article 2815g-lc, Vernon's Civil Statutes, or other lan- guage conveying such meaning. Article 2815g-lc was enacted at the same session of the 59th Legislature at which Article 8309e-1 was passed. The portion of Article 2815g-lc pertinent hereto reads as follows: 11 . . . any school district, . . . having && or the major portion of its territory situated within a county having a population of more than . . . (l,ZOO,OOO) . . ." (Emphasis added). The Legislature clearly demonstrated in enacting Article 2815g-lc that it could use language which would make a statute applicable to a county-line district when it desires or intends to do so. Similarly convincing is the interpretation placed on Article 2775a, Vernon's Civil Statutes (Attorney General's -3047- Hon. J. W. Edgar, page 4 (C-628) Opinion WW:1434 (l.96211,wherein the Legislature was dealing with county-line districts. A copy of this opinion is enclosed herewith. The Legislature is presumed to have acted carefully, deliberately, intelligently, openly and purposefully in the choice of the language used, especially after similar language has been earlier interpreted. See 53 Tex.Jur.Zd 270. We answer your first question in the negative and ex- press no opinion on your second question, as such question was predicated on,an~affirmative answer to your first question. We therefore hold that Article 8309e-1, Vernon's Civil Statutes, does not have permissive application to a county-line independent school district under the jurisdiction of a county hav1ng.a population of 1,200,OOO or more unless such district is wholly located or situated in such county. SUMMARY Article 8309e-1, Vernon's Civil Statutes, does not have permissive application to a county-line independent school district under the jurisdiction of a county having a population of 1,200,OOO or more unless .such district is wholly located or situated in such county, Yours very truly, WAGGONER CARR Attorney General By: Assistant JPC:sj:ra ,. -3048--. ‘, Hon. J. W. Edgar, page 5 (C-628) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves John Banks James Strock Arthur Sandlin APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright -3049-