Untitled Texas Attorney General Opinion

June 25, 1964 Honorable J. W. Edgar Opinion NO. c-275 Commlsslonerof Education Texas Education Agency Re: Questions relating to Austin, Texas 78711 the State Board of Education's authorization for the creation of a county junior college district, and the com- missioners court's au- thorlty to order elec- Dear Mr. Edgar: tlons thereunder. In your letter of June 5, 1964, you requested our opinion on two questionswhich are as follows: "(1) Where a first election has been called and failed for the creation of a county junior college district pursuant to State Board authorizationgranted in 1958, does a CommissionersCourt have authority to call a second or subsequentelection in 1964 or thereafter? “(2) Does a CommissionersCourt have authority under Section 19 of Article 2815h (where a first election authorized,properly ordered and held failed) to order a second or subsequent elections; and if so, legally must such election(s)be held within 12 months after the State Board of Education'sinitial author- ization therefor?" You state that authorizationwas obtained from the State Board of Education on March 3, 1958, which authorized the calling of an election toward the establishmentof a Galveston County Junior College District. In March or April of 1958 the election was held in Galveston County for the creation of a county junior college district but failed to carry. It appears now that -1320- Ron. J. W. Edgar, page 2 (C- 275) interested citizens from Galveston County plan to ask the Galveston County CommissionersCourt to call an election for the creation of a county junior college district, based on the authorizationgranted by the Board in 1958. You further state that in September of 1963 the State Board of Education adopted the policy that authorizationfor the creation of a junior college district, if deemed desirable, will be based on the following conditions: (1) the authorization will expire 12 months after the date of authorizationif no elec- tion has been conducted for the purpose of creating the college, and (2) if the original election to create a junior college dis- trict fails to carry, successiveelections may be conducted provided that such elections are conducted within the 12 month period. To answer your first question we must look to the provisions of Article 2815h, Sections 18 and 19 of the Revised Civil Statutes. Section 18 provides in part that: "Whenever it Is proposed to establish a Union Junior College District, or a County Junior College District, as above provided, a petition praying for an election therefor, signed by notfewer than ten percent of the qualified taxpaying voters of the proposed territory, shall be presented to , . .the CommissionersCourt or CommissionersCourts of the county or counties involved . . . It shall thereupon become the duty of the . . .CommisaionersCourt or courts, so petitioned to pass upon the legality of the petition. . .It shall then be the duty of the .CommlsslonersCourt or courts, as the case ia; be, to forward the petition to the State Board of Education." Section 19 provides that if the State Board of Education approves the establishmentof the junior college district: .it shall then be the duty of the Commis&ners Court or courts, as the case may be, to enter an order for an election to be held in the proposed territory within a time of not less than twenty days and not more than thirty days after,such order is issued to determine whether or not such Junior College District shall be created and formed. . . .'I The language of Sections 18 and 19 indicates that a petition signed by at least ten percent of the qualified taxpaying -1321- Hon. J. W. Edgar, page 3 (C- 275) voters of the propozed territorymust first be presented. ThSs petition prays for an election' in Section 18; and under Section 19 If the petition Is approved by the State Board of Education, then the CommissionersCourt has the duty to order "an election" to be held in the proposed territory within a time of not less than twenty days and not more than thirty days after such order ‘isissued. A majority vote of the qualifi d voters voting in "said election,' determines the question 0: whether'to establish a junior college district. Thus, we see that Article 2815h is clear in stating that a petition prays for an election. Based upon such petition the "further procedure" aumorized by the State Board of Education is the ordering of an election by the CommissionersCourt. No- where in this statu= is it stated that a petition shall be the basis for more than one election. Rather, the initiatingpetition and the resulting Board authorizationgive the CommissionersCourt the authority to order only one election for the creation of a County Junior College District. Therefore, we answer your first question in the negative. The CommissionersCourt will have authority to call an election in 1964 only after new authorizationhas been obtained from the State Board of Education under Article 2815h. It follows that your second question must also be answered in the negative. That is, where a first election has been authorized, properly ordered, and failed, a Commissioners Court does not have authority under Article 2815h, Section 19 to order a subsequent election under this initial authorization. SUMMARY Where an election for the creation of a county junior college district has been called by a CommfssionersCourt pursuant to State Board of Education authorizationgranted In 19.58,and such election failed to carry, the commissioners court does not have authority to call a subsequent election based on this initial authorizationob- tained in 1958. Where a first election has been authorized, properly ordered, and failed, a commissioners court does not have authority under Article 2815h, Section 19, to order a subsequent election under this Initial authorization. -1322- Hon. J. W. Edgar, page 4 (C- 275) Very truly yours, WAGGONW CARR AFtb??hdk By: E. Lawrence Merrlman Assistant ELM:sj:mkh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Ed Boldlng Jerry Brock Edward Moffett Milton Richardson APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone -1323-