Untitled Texas Attorney General Opinion

TB[E TEXAS R-431 May 28, 1947 Hon. L. A. Woods, State Superintendent Department of Education Austin, Texas Attention: Hon. T. M. Trimble First Assistant Dsar Sirs: Opinion No. V-219 Re : Constitutionality of Art. 2676, v.c.3. We refer to your request of recent date acknowl- edged by the Attorney General on May 2, 1947, with attached letter from Han; J. II. McDonald, President of the Board of Trustees of the Navasota Independent School District, con- cerning the recent electi.on held in Crimes County for the election of a county school trustee at large. The Board of Trustees is of tht opinion that Article 2676, V.C.S., inso- .far as it seeks to disfranchise voters i.n all school dis- tricts except common and consolidated independent school dis- tricts is invalid and unconstitutional. At the instance. of the President of said Board, you request to be advised as to the constitutionality of Article 2676, V.C.S. Article 2676, V.C.S., as amended by Acts 1934, 43rd Legislature, 2nd C. S., Ch. 48, provides in part: “The general management and control of the public free schools and high schools in each county, unless otherwise provided by law, shall be vested in five (5) county school trustees elected from the county, one of whom shall be elected from the county at large by the qualified voters of the common and con- solidated independent school districts of the county, and one from each Commissioner’s Pre- cinct by the qualified vc$ers of each Commis- sioner’s Precinct, . . . . ,, Hon. L. A. Woods - Pa‘ge 2 Under Article VII, Section 1, Constitution of Texa s, the establishment and maintenance of public free schools is made a State object. The power granted to the Legislature in Section 3 of Article VII to create school districts and to the Board of Trustees to maintain public free schools therein in order to effectuate this State object is necessarily governmental. 37 Tex. Jur ., p. 865. By Article 2676, V.C.S., the general management and con- trol of the public free schools in each county is vested in five county school trustees, elected as provided therein, ,, ., and under Article 2683, V.C.S., such trustees so elected are constituted a body corporate under the name of the County School Trustees. The power of election of officers for public of- fice resides originally in the people. They may provide, by the Constitution which they adopt, how the power shall be exercised, or they may leave it to the Legislature, as their representatives, to provide,by law for the selection of said officers In such manner as will secure the best service for the public. In the absence of constitutional provisions for the method of filling public offkes, the method is to be determined by the Legislature. 30 an of- fice created by the legislature is wholly within that body’s power, and it may prescribe the mode of filling the off ice, and from time to t lme it may change the mode. 46 Corpus Juris, p. 950, and cases cited therein; Williamson v. lane, 52 Tex. 335. The Texas Constitution provides no method for f ll- ling the offices of county school trustees; thus, it is within the power of the Legislature to prescribe the method. The Legislature, by its enactment of Article 2676, has ex- ercised its authority and discretion in the matter. It has determined that the qualified voters of common and Consoli- dated independent school districts shall elect the County school trustee at large, that the qualif led voters in each of the Commssioner’s Precincts shall elect one county school trustee from their Commissioner’s Precinct, which determination, in our opinion, cannot properly be construed as a disfranchisement of the voters of the county. The elective franchise is not a right that is t-,atrir,li, God-given, inali.enable, or inherent, but is a right ~:::r~r‘c:-r~r! by the State or body politic. 1.6 Tax. Jur., page 3 :i . :.,-i;.her the Constleution ncr the Texas statute confers l”h. : ‘:::I:. on ~11 qucllified v9te~:rr: in a caunty to vote for T,,,> ? :~;iii,jr ::~hcl~l trustee ot l~rgt?, or, :ndeed, to vote for ,iI! :L:~ ;x;n!,~:t :! on the County tio:~rrl. Under Art :.cle 2676, Hon. L. A. Woods - Page 3 all the qualified voters of the county are represented by the five members on the County School Board, and each member of the Board represents all the people in the county. The discretion of the Legislature in’ this matter not being abusive, arbitrary or in violation of any con- stitutional provision, we advise that Article 2676 is con- stitutional. Our former Opinions Nos. 0-2066, O-3235 and O-7293, advising that only qualified voters of common and consolidated independent school districts may vote for the county school trustee at large, are hereby confirmed. SUMMARY Article 2676, V.C.S., providing for the election of county school trustees is consti- tutional. Only qualified voters of common and consolidated independent school districts may vote for the county school trustee at Large. Very truly yours ATTORNEYGENERALOF TEXAS Chester E. Ollison Assistant CEO:d jm ATTORNEYGENERAL