Untitled Texas Attorney General Opinion

R-767 Eon. John A. Romberg Opinion No. v-369 County Attorney 5enzrler County Rc: Authority of county Goazelea, Terse school trustees to rescind sn order selling sn election under Artic lea 2922e, 2922b end 2922c, V.C.3. Dear air,: We refer to yam letter'of August 25, 1947, requesting our opinion 88 to whether the County School Truutees of Gonzales County msg rescind 6n order entered on August 12, 1947, calling an election September 5, 1947, to determine whether or not Leesvllle Common School District shall be annexed to Nixon Independent School Dls- trlct by the County School Trustees, all in conformance with the provisions of Articlea 2922a, 2922b, end 2922c, v.c .s. Art. 2676, V.C.S., which vests the genersl aenegement and control of the public free schools end high schools in eech county In the county school trustees, is referred to by the Court in Donie Independent School District vs.~Freestone Consolidated Common School Dlstrlot, 127 5. w. (2d) 205, 03 f0110~~: "Nscesssrlly, under the general lrngusge urod in seld erticle, the county school trus- tees of each county ore vested vith a large discretion in the exercise of the poverr ad conferred, and the courts will not ordinerily interfere vlth their exercise of the same un- less it is clearly shown thet such discretion hrr been *bused. 37 Tex. Jur. p. 895." We quote from sn opinion of thin office dated Meg 20, 1936, addressed to JessC. Leven, County Attorney, Lubbock County, vr?tten by Joe J. Alsup, Assistant Attorney General,: Hon. John A. Romberg - Page 2 (Ro. V-369) "That 8 county board of trustees has authority to group certain school districts into rural high school districts upon 8 vote of the people in caves where the territory involved embraces more than 100 square miles can not be disputed. The election itself, however, does not constitute a grouping but merely amounts to 8 petition on the part of the people that said grouping be had by the county board. As to whether or not such grouplng will be had is still discretionary with the county school board." The above opinion of this office refers to Board of Trustees vs. Woodrow Independent School District, 90 3. W. (2d) 333, snd quotes from same 8s follows: "The Board's action comports with the plainest principles of honesty and fair dealing. By stetutev It Iv given unbridled power over the formation of rural school as- trictv.n (Underlining in opinion) These and other expressions referring to the discretion of the county school trustees in forming rural high school dlstrlcts indicate that the determination that such 8 district vhould~exist rests solely with these trustees. Gibson v. Couch, 153 3. W. (2) 288. The plain import of all cave,8relating to county school trustees la that their discretion is broad in this matter and that their judgment iv not to be assailed by mendemuv or other writs to compel them to act unless there has been a plain abuse of discretion, fraud, undue influence or the llke. Since they are vested with the discretionary authority to order the election to test the sentiments of the electors of the district and once 8 favorable vote is received, it still remains with them to decide whether a district shall be formed, it follows that an order calling 8n election may be rescinded. We are therefore of the opinion that the County School Trustees of Gonzales County mey revoke their order calling an election on September 5, 1947, basing their or- der of revocation upon their judgment that necessity for the election no longer exists. Hon. John A. Romberg - Page 3 (No. v-369) SUMMARY County school trustees may revoke an order calling sn election to annex a common school district to sn independent school dis- trict If in their discretion necessity for the election no longer exists. Art. 2922c, v. c. 3. Yours very truly JTB/lh