Untitled Texas Attorney General Opinion

R-693 265 OFFICE OF A~STM, TEXAS Hon. W. K. Baldrldge Opinion No. V-340 County and District Attorney Re: Persons qualified Denton County '. to.'voteIn an elec- Denton, Texas tion held under Ar- ticle 27425, Sec. 1, V.C.S., as amend- ed by Acts 1947, . ,y&L$Ij;: s* 30, We 'refer. to your letter of reoent date, ao- kowledged 'bythe Attorney General on July 25; 1947,' requestingan opinion of thts office‘oonoernlngpersons who'may vote In an election called to change or lncor- porate a.oommon sohool district Into sn Independent 6 school district under the provisions of Article 27423, &ction l;V.C,Q,, as amended,by Acts 1947, 5Cth Leg-' lslature,R;.S., S.:B. 182; Ch. ,311. Prior to the recent amendment of Article '27423,there existed two methods by which certain oom- mon'.school.districts could be Incorporated: orchanged into an independent'school district. Any oommon school district not ~~clnlcipally controlled and containing seven.hundredor'more inhabitantsoould; and still may, be changed or incorporatedInto an Independent school district by conformancewith the provisions of Article 2757, V.C.S.' Article-2757requires that a petition for that purpose be presented to the county judge signed by twenty'ora majority of the resident qua~if'iedvoters of~such a district praying for an election on the mat- 'This statute further provides that only qualified rs-who are restdents of the corrmonschool district shall be entitled to vote at said election, and lf'a 'majorityof the-votescast favor the proposed inoorpo- ration, the county ji@.ge'shall so find and enter.hls order to that effect. A second method by whlc~h~sucha change might have been effected prior to the 1947 amendment w&a Hon. W. K. Baldridge - Page 2 v-348 provid@d by:Artiole 2742j.i,Sectlonl,‘V.C.S.,enacted In Aotti.1930,4lst Legisl&Ure; 5th:calledsesslbn, 3. B. 19; oh. 5. Under thie 1930~Act, any oommba sohool district, irrespectiveof the number of its inhabitants, could be changed or incorporatedlntp an~lndependent school dlstriCt."A. Q.,OplnlonsHos. 0;6190 and O-3424. Under S. B. 19, whenever S majority of the legally qual- ified property taxpaying voters, togethbrwith a major- ity of the trust&es of the district, petitionedthe county board of'trusteesto change or incorporatethe oonmon schbol distriot into an independentsohool dis- trict and furnished~suIYlclentevidence to said county board that the district when Incorporatedwould be fl- nanoiallyable to carry-out high school work at a rea- sonable cost per capita, the county board of trustees had authdrlty to pass an.order incorporatingthe"sald district; and the same would become an independent school district without the necessity of an election. This second method of incorporationh+? been amended by the 5Cth~Legislaturein S. B. 182. Article m42j, Section 1, as amended,,now applies only to “any common school district ih which there is maintained a first class hi h school of twelve (12> gradas, offer- ing sixteen (12) or more.oredlts." In a common school provlalonsof Ari district,caning within.the.'speo~lfic title 2742j, Section 1, as amended, the county judge, upon presentationbf a petition properly signed by twen- ty or's majority of the legally quallfled property tax- paying voters residing in the district, shall call an election for the purpose of oonvertingthe common school district Into an lndependektshhool district. Said a- mended Act further provides,thatif the'majorityof the votes cast favor the ohange, the county board of trus- tees shall~passan order creating said independent sohool~distriotand appoint a boar&of seven trustees who shall serve until the next,regulartrustee eleo- tion under the laws of this State, at which time seven members shall be elected a8 provided by law. Thus, under the present laws governing the ohange or incorporationof sohool districts,a common school district as described or designated in Artlole 2742j, Section 1, as amended, may incorporateIn ac- cordancewith the provls:,Sonsof said amended statute by an election, or, if it has seven hundred or more in- habitants, it may elect to .Ind'orporate in accordanoe with the provisions of Article 2757, bg'an eleotion. :: Hon. W . IS.Baldridge - ! Page 3 v-348 ~’ B tno b~a lotaeoldirtSot bavtw retm hundred or more Znhabitantsnay ln6erporatoi&or Article 2742j, Seotion 1, as mended, or uuder Art,iole 875p and Arti- cle 2757 provide8 that la buoh an slectlon qurlifled voters who ar% residents of the oommop sohool diEtriot proposed to be lnoorporatbdshall be entitled to vote,” we can conceive of no logical legal basis or reason for construingArticle 2742 , Srotion 1, as amended,,asre- quiring that only legalIy qualified property taxpaying voters resldi in the di6trict of that particular Qtiar- actor ace anti n&led to vote in an electIon held th%Feun- der. Certainly, th% Leglslaturo in smending Article 27423, Section 1, aaae no such qualifloatloa,nor, 40 we believe, should any such llmltationbe lmpllad. It is our opinion, therefore, that rll pbr- sons who are qualified voters and who are rerident8 of a common school district falling withio.the Uerignation of Article 27425, Section 1, as amended, ar% entitled to vote,‘inan election held under’and for the pur se set out In said amended statute. See Article 295$ , : V.C.S. It:+#a@not be amiss to direct the attention of those common school districts whlch,conteraplatecoo- naFting or Incorporating.into independentschool dls- tricts to the case styled,:BigfootIndependent School District v. Gernard, 116,9. W. (2d) 804, affirmed by the Supreme court of T%xas in 129 s. WI (2d) 12l3, hold- ing that where, after a common school district has vot- ed a maintenance tax, the district was regularly con- verted Into an Independentschool district, the inde- pendent school district could not impose the malntenancs tax without having first obtained the approvsl of the votrrs of the new diatriot, notwfthstandlngthe inde- pendent district embraced the identical territorywhloh formed the common school dirtriot. All pqreons who am quallfled voters and who are residents of a comon sohool UiStriCt of the derl nation and descrlptlonfretout in AiWole 274 8j, Sec. 1, V.C.S., as amixImI .bj ACtD 1947, 50th Leg., R. S., 9. B. 162, am entitled to vote in an election roqulred there- under for the oonvrrrlon of such a common sohool -.. Hon. w. 1c. B8ldrldge - Page 4 v-340 dlstriot Into rn independentdohool dls- trict. Arts. 2757, 2955, V.C.S. verj truly your8 ATTORNEY'QXRHW, OF T'I&Aer Ohe8ter E. Ollh~On Alslstrnt CEO:djm:jt APPROVED; T ASSISTARP