OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Henry C. Kyle
County Attorney
Rays county
San Harcos, Texas
Dear Sir: Opinion Ho. O-7172 /J
Ret Does the Board of Trust&e;\of
the 3a.nWsrcos Independs+
School District bave.authoRity
to deslgmte that tmwes 'mm
for certain plec&.Qn the
School Bw lo... ".,~,
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We have for e~t&lon ioubrrequest for"en
opinion on the ebove pr$ject, Yqw'leW'r reads in part
aa follovsr /' /.,< ,/
,A /'
of the sellMrcos
saed a resolution
'de San Harcos Independent School
a rurnl Ngh school district estab-
vith Chapter 19A, Rksed
CiviYStatutes of 1925, created by annexing on6 OF
more common school districts to au independent
school district.
. . .
'l&y the Board of Trustees of the San
Marcos Independent School District, n rural high
school district, designate that Trusteea run for
certain designated places end declnre that the
pemons receivlug the highest number of votes for the
“0 6o YYYw,c lno l4 IS TO q I CON,T R ” LD *.A DL,AIna B NnL c .PII(IO
UNLESS
H AP P R OVLD B” TIM & TTOONL” CmdTI*L o m ,IR.l
AS.IUANI
Iion.Henry C. Kyle - Page 2
respective places be entitled to serve 88 Trustees
rather than the three (2).or four (!,I,
candidatea
receiving the la,rgestnumber of votes, irrespective
of such places, be entitled to serve as TNstees?*
Article 2922 (e),,Vemon's Annotated Clrll
Statutes provides for method of oontrol of Rural High School
District. Pertinent provisions of the article are as follows:
"The control and managemen; of the
school* of a rwal high school district, esteb-
liehed under the p~o~Lslona of this Act, shell
be vested in a board of seven trmatees, elected
by the quallfled voters of the aald district nt
large, who shall be elected end serve in accord-
ance YLth the provisions of Oeneral 7%~ relative
to c-on school districts, except as may ba
othemrlse provided herein; . . . Pour of said
trustees shall be elected each odd number of
years and three on each even number of years on
the first SatuFdey in April. The trustees of the
first board shall drav for terms."
Article 2922 (b), Vernon's Annotated Statutes
sets up a classification for rwal Ngh school districta. We
quote the artiale below:
"Rural high eohool districts aa provided
for in the preceding article shall be classed as
common school dlstrlcta, end all other districts,
whether C~LUWIIor independent, composing such rural
high school district shall be referred to in this
Act as elementary school districts! provided that all
independent school districts enlarged by the annarat~on
thereto of one or more common school districts as pro-
vlded for in Article 2922a shall retain its scatus and
name as an independent school district, and shall
COnthUe to operate as nn independent school dis&pict
under the provisions of the existing lavs and the lays
hereafter enacted govern3g other independent school
districts, except Rs othervise provided for nemi;l."
‘(Underscoringours).
We believe the eneral lnv governing the election
of trustees for independent schoo
%cts is found in Article
Bon. Hary C. Kyle - Page 3
2777, Vernon's Annotated Statutes, and that the provisiona
of this article should be applied to the method of election
of trustees in Rural High School Districts despite the pro-
risiona of Articles 2922(e) and 2745. Article 2745 contem-
plates the election of three trustees for a common school
distriot. In the oam et hand ve have the eleotion of a board
of seven trusteer In question. Article 2922(b) states that
the dlatrlct uhen enlarged by the annexation thereto of one
or more common school districts shall retein its status es
an independent school dlstrlct and "continue to operate as an
independent school district under the provisions of existing
levs and the lava hereafter enacted governing other indepen-
dent school distrlctr, except es othervise provided for
herein.*
Article 2777 provldasl
"The seven oandidatee receiving the largest
number of votee at the first electIon, and the three
or four candidates receiving the largest number 09 votes
et all subeequent elections. shall be entitled to serye
es trustees hereunder. T\)oeeelected et the first
election shall determlne by lot the term for vhich
they are to serve, The four members dravlng numbers
one, tvo, three and fowshall serve for one year, end
the three members drawing the numbers five, six and
seven shall serve tvo gears, or until the second of
April thereeftir, end until their succeaaors ore
eleated and qualified) and regulerlg thereafter on the
flrst,Saturday In April of each year, four trustees and
three trustees, alternately, shall be eleoted for a
term of two yearn. to succeed the trustees whose term
shall at that tlti expire. The members of the board
remaining after a vacancy shall fill the same for the
unexpired term." (Underscoring ours).
.r1
We have found no statute that would authorize the
Bosrd of Trustees of a rural high sohool to designate the pieces
for which an individual candidate must run, end in the absence
of such, it is our opinion that the three or four candidates
Hon. Henry C. Kyle - Pnge 4
receiving the largest number of votes should be declared
elected In accordance vlth the provisions of Article 2777.
Trusting the above satisfactorily ansvers your
question, ve sre
Yours very truly
ATTORHX OlZlfERAL
OF TEXAS
Z. 2-t.
Dedeurin
Assistant