THEA'FI'ORNEY GENERAI.
OF TEXAS
BVILL WILSON
A1TGRNEY GENERAL
November 29, 1960
Mr. Richard E. Rudeloff Opinion No. w-966
County Attorney
Bee County Re: Whether a vacancy on the
Beeville, Texas Board of Trustees of the
Skidmore-Tynan Rural High
School District should be
filled in accordance with
the provisions of Article
2922e, Vernon's Civil
Statutes, or the provisions
of Article 2774a, Vernon's
Dear Mr. Rudeloff: Civil Statutes?
By letter you recently requested the opinion of this
office on the following question:
"Is a vacancy on the Board of Trustees
of the Skidmore-Tynan Rural High School Dis-
trict No. 36 to be filled in accordance with
the provisions of Article 2922e, Texas Revis-
ed Civil Statutes (I.e., by the county board
of trustees), or by provisions of Article
2774a, Sec. 4, Texas Revised Civil Statutes
(i.e., by the remaining members of the school
board of trustees)?"
In your letter you pointed out that the Skidmore-Tynan
Rural High School District NO. 36 was formed in 1946 by the
consolidation of Skidmore Rural High School and an adjoin-
ing Independent School District under the authority of Arti-
cle 2922a, Vernon's Texas Civil Statutes, and that such
school district is now, and has been since said consolidation,
operating under the statutes applicable to rural high school
districts. You further adivsed that a vacancy has occurred
on the Board of Trustees of such rural school district.
The opinion, expressed in your letter, that the remaining
members of the Board of Trustees of the rural school district
in question should fill such vacancy Is correct.
Mr. Richard E. Rudeloff, Page 2 (W-966)
Section 4 of Article 277&a, Vernon's Texas Civil Stat-
utes, reads In part as follows:
"The control and management of the
schools of a rural high school district,
established under the provisions of this
Act, shall be vested in a board of seven
trustees, elected by the qualified voters
of the said district at large, who shall
be elected and serve in accordance with
the provisions of general law relative to
common school districts except as may be
otherwise provided herein; . . . Those
elected at the first election shall deter-
mine by lot the term for which theyare to
serve. . . .; and regularly thereafter on
the first Saturday In April of each year
three trustees or two trustees shall be
elected for a term of three years to suc-
ceed the trustees whose term shall at that
time expire. The members of the board re-
maining after a vacancy shall fill th
same for the unexpired term." (EmphaEis
added)
Article 2922e, Vernon's Texas Civil Statutes, reads in
part as follows:
"The control and management of the
schools of a rural high school district,
established under the provisions of this
Act, shall be vested In a board of seven
trustees, elected by the qualified voters
of the said district at large, who shall
be elected and serve in abcordance with
the provisions of General Law relative to
common school districts, except as may be
otherwise provided herein; . . . An vacan-
y shall be filled for the unexplre
-.iixis
Ey appointment by the county board of
trustees. . . ." (Emphasis added)
It is apparent that the quoted provisions of said
statutes deal with the same subject matter, and it Is equally
apparent that the underlined provisions are in Irreconcilable
conflict. Article 2922e of Vernon's Civil Statutes which dir-
ects the county school board to fill the vacancy in question,
. -
Mr. Richard E. Rudeloff, Page 3 (w-966)
became law in 1925. Section 4 of Article 277&a which directs
the remaining members of the Board of Trustees of the rural
school district to fill such vacancy, became law in 1930. In
Whittenberg v. Craven, 258 S.W. 152 (Corn.App., 1924), the
Court stated:
11
. . . In the construction of a parti-
cular statute or In the interpretation of
its provisions, all acts relating to the
same subject, or having the same general pur-
pose, should be read In connection with it,
as together constituting one law. Such
statutes, being In pari materia, and relating
to the same subject, are to be taken together
and so construed, in reference to each other,
as that, if practicable, effect may be given
to the entire provisions of each. The object
of the rule is to ascertain and carry into
effect the Intention of the Legfslature, and
it proceeds upon the supposition that the
several statutes relating to one subject were
governed by one spirit and policy, and were
Intended to be consistent and harmonious In
their several parts and provisions. If they
cannot be construed so as to be consistent and
harmonious in their several parts and provisions,
then either the hypothesis that they relate to
the same subject must be abandoned or else the
later statute, in sr~far as it cannot be
reconciled and made consistent and harmonious
with the earlier, will be construed as repealing
those provisions of the earlier statute between
which and the provisions of the later statute
irreconcilable repugnancy exists. . . .ll
As Indicated In your letter, the subject question was
previously discussed in Attorney General's Opinion O-2230,
dated April 20, 1940, wherein the opinion was expressed that
the provision in question contained in Section 4 of Article
277&a by necessary implication repealed the provision in
question contained in Article 2922e. In view of the fore-
going, it is our opinion that the provision of Section 4 of
Article 2774a relative to the appointment of a successor
trustee repealed by necessary implication the provision of
Article 2922e relative to such appointment. Section 4 of
2774a represents the last expression of the intention of the
Legislature and must prevail over said provision in Article
2922e since both provisions cannot stand.
Mr. Richard E. Rudeloff, Page 4 (W-966)
SUMMARY
The remaining members of the Board of
Trustees of the Skidmore-Tynan Rural High
School District, and not the county school
board, should make the appointment to fill
the vacancy created by the death of a
trustee of such rural school district.
Yours very truly,
WILL WILSON
Attorney General of Texas
Joe B. McMaster
Assistant
JBM:mm
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Glenn R. Brown
Joe R. Carroll
W. Ray Scruggs
Iola B.'Wllcox
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore