Untitled Texas Attorney General Opinion

-, .- OF EXAS Honorable L. L. Germ County Attorney Limestone County Groesbeok, Texas Dear Sir: Attentions Mr. Norton Fox Opinion No. O-5288 Re: Election and term of office of trustees of consolidated common school district. We have before us your letter of May 8, 1943, in nhiah you ask the opinion of this department upon the following questions "In the eleotion of school trustees for consolidated common school districts are the election of trustees to be governed by Artiale 2808 RCS. or Article 2774a, Sea. 3, RCS.?” Article 2808 ms originally enacted in 1919 (Acts 1919, 36th Leg. 9 2nd C.S., Ch. 65, H.B. 148, p. 167). and Artiole 2774a, in 1930 (Aats 1930, 41st Leg., 5th C.S., Ch. 66, S.B. 30. p. 212). Article 2808 and Section S of Article 2774a provide, in part, a6 followsr Article 2808. "The board of county school trustees at its next meeting after such consolidation of school districts is declared, shall appoint a board of seven trustees for the consolidated district. Wo person shall be trustee who oannot read and write the English language understandingly, and who has not been a resident of this State one year, and of the district six months. prior to his appointment or eleotion. The tenus of offioe of three shall qualify by taking the official filed with the county superintendent of the county wherein Honorable L. L. Geren, page 2 the district is situated. The board of trustees after being qualified shall immediately organize by electing one of their number president and another secretary, a report of which organization shall be filed with the county superintendent. The board of county school trustees shall fill any vacancy by appointment until the next regular election for district trustees. * * * * t t" (Emphasis added). Article 2774a, Sea. S. "The board of county school trustees at its next meeting after the consolidation of school districts is declared shall appoint a board of seven trustees for the consolidated district. No person shall be trustee who cannot read and write the English language under- standingly, and who has not been a resident of this State one year, and of the district six months, prior to his appointment the same for the unexpired term. (Emphasis"added). The underscored part of each statute was quoted by you in your letter of request. Therefore, we presume that you are interested in the question whether the term of offioe of the trustees is governed by Article 2808 or by Section 3 of Article 2774a. Article 2808 provides for a two year term and the election of four trustees and three trustees, respectively, in alternate years. Section 3 of Article 2774a provides for a three year term and the eleo- tion of three trustees, two trustees, and two trustees, respectively, every third year. Article 2808 provides that the terms of office of three menbeis of the school board appointed by the county board after a consolidation shall expire on the first day of May next following their appointment, and that those of the other four shall expire on the first day of May of the succeeding year. Section 3 of Article 2774a evidently sets the election and qualification of trustees in April next following the appointment of the original board as the expiration date of the terms of office of all seven appointed trustees. The inconsistencies between the two statutes are quite apparent. We must, therefore, determine which enactment will prevail where there is a aonflict between the two. As we have heretofore mentioned, Article 2808 was enacted in 1919, and Article 2774a was enacted in 1930. Seation 7 of the 1930 Act reads as follows: - -- Honorable L. L. Geren, page 3 O-5288 “Sec. 7. Ali laws and parts of laws, both general and special, in confliot with the provisions of this act are hereby repealed." We quote the following from Texas Jurisprudence, Volume 39, page 131: "In the absence of any constitutional prohibition against such method, a general,repealing clause is ef- feotive to repeal prior eoaotments to the extent that they are inconsistent with, or repugnant to the terms of the later Act." You are, therefore, advised thet Article 2808 is repealed inso- far as it is inconsistent with the terms of Section 3 of Article 2774a, and that where there is such a conflict, Section 3 of Article 2774a should be followed and the election and terms of office of consolidated common school district trustees should be governed accordingly. '&eare aware that it may be contended that grounds for a con- trary conclusion may be found inthe case of Plains Common ionsolidated School District No. 1 of Yoakum County V. Hayhurst (Civ. App.), 122 S.W. (2d) 322. In that aase the court, among other things, stated the fol- lowing: "The law provides that the term of office of a trustee of a cormnonconsolidated school district shall begin on the first day of May following his election, It firther provides that his term of office shall be for a term of two years thereafter. Article 2808 of Vernon's Annotated Revised Civil Statutes of the State of Texas provides that any vacanay that oocurs in such a school board shall be filled by the board of county school trustees and not by the trustees of the school district." Section 3 of Article 2774a states that the term of office of a trustee of a consolidated school district shall be for three years. It is also provided that the members of the board remaining after a vacancy shall fill the same for the unexpired term. Although the Hay- hurst case ~19sdecided after Article 2774a was enacted, yet, evidently, said article was neither urged nor was it before, or considered by, the court. In other words, the court did not determine whether Section 3 of Article 2774~ or Article 2808 would prevail in case of a conflict between the two. On the basis of what we have said, it is our opinion that where the provisions of Article 2808 and Section 3 of Article 2774a confliot with respect to the election and terms of office of trustees of consoli- dated common school districts, Section 3 of Artiole 2774a will prevail and should be followed. Honorable L. L. Gwen. page 4 This opinion is expressly limited in scope and effect to the specific question considered. very truly yours ATTORNEY GMERAL OF TEXAS By s/George W; Sparks GeOr@W. Spabks Assistant APPROVLD MAY 14, 1943 s/Grover Sellers FIRST ASSISTANf ATTORNbY GENERAL Approved @pinion Committee By s/BKR Chairman