THE~ATTORNEY GF~ERAL
OFTEXAS
April 6, 1959
Honorable William J. Gillespie
County Attorney
Lubbock County
Lubbock, Texas Opinion No. WW-!X!8
Re:' Whether the office of
'~county superintendent
,' for Lubbock County was
abolished by Article
2688~ of Vernon's Civil
Dear Mr. Oillespie: Statutes.
We quote from your request for an opinion as follows:
"Article 2688c, Vernon's Texas Civil
Statutes, provides that counties having a
population of not less than 28,000, accord-
ing to the last preceding Federal census in
which there 'areno common ,schooldistricts,
that the office of county school superln-
tendent is abolished and that the duties
performed by the'county school superintendent
shall thereafter be performed by the county
judge of such county.
"Lubbock County has a population fn
excess of 28,000 by,the last preceding Fed-
eral census. The county school superin-
tendent was again elected in the general elec-
tion of November, 193, .for'afour year term
and hastaken office as such county school
superintendent.'
'?l?hereare four rural high school
districts in Lubbock County, and Article
2922B, Vernon's Texas Civil Statutes pro-
vides that for some purposes rural high
,,schooldistricts-areclassifiedas common
school dlstrlct~s:
"Please advise whether or not Lubbock
County should have a county school superlnten-
dent and if such school superintendentcould
legally be paid."
Honorable'WilliamJ. Gillespie,page 2 (WW-588~)
Section 1 of Article 2688~ of Vernon's Civil Statutes,
as amended by Acts of the 53rd Legislature,Regular Session,
1953, Chapter 3.22,reads as follows:
"From and after the effective date
of this Act the duties now performed by
county superintendentsIn all counties
In this State having a population of not
less than thirty thousand (30,000)accord-
ing to the last preceding Federal Census
and In which there are no common school
districts, shall be performed by the county
judges of such counties, and the office of
county superintendent,as such, shall cease
to exist; provided, however, that the county
superintendentsin such counties who have been
heretofore elected to the office of county
superintendentshall serve until the expiration
of the time for which they were elected, and
that thereafter the duties now performed by
county superintendentsin such counties
shall be performed by the county judge of
such counties."
It Is noted that Article 26880 only,appliesto those
counties having the prescribed populatlon and in which there
are no common school districts. The question presented Is
whether a Rural High School Distri,ct,of which Lubbock County
has four (a), is a common school district within the meaning
and intendmentof Article 2688~. We think that It Is.
Provision for the establishmentof Rural High School
Districts is made by Article 2922a of Vernon's Civil Statutes.
Article 2922b provides:
"Rural High School ,Dlstrlctsas pro-
vided in the preceding Article shall be
classed as common school districts, . . .'
We find no other provision of the statuteswhich
abolishes the office of county superintendentof schools of
Lubbock County.
You are therefore advised that Lubbock County IS
authorized to maintain the office of county superintendent
of schools.
r-4 .
Honorable William J. QlllesPle, Page 3 (w-5a)
SUMMARY
Lubbock County Is authorized to
maintain the office of county
superintendentof schools since
the office has not been abolished
by any provision of existing
statutes.
Very truly yours,
WILL WILSON
Attorney ,Generalof Texas
&P----Q@-
Leonard Passmore
Assistant
LP:rm:zt
APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
tfarvinIi.Brown, Jr.
Thomas Burrus
W. Ray Scruggs
Jot Hodges, Jr.
REVIEWEDFORTREATTORNsYGENERAL
BY: ti.V. Qeppert