Hono,rable John R. Shook Opinion No. O-3688
Criminal District Attorney
Courthouse Re: Legality of ordering and holding
S,an Antonio, Texas a bond election in a common
school district pursuant to pro-
Attention: Mr. Jay Sam Levey visions of Articles 2784 to 2787,
of the Revised Civil Statutes,
Dear Sir: where a similar bond issue has
been defeated within less than a
year of the proposed new bond
election.
We have your letter of June 14. 1941, requesting our opinion
on the following question: “Is it legal to order and hold a bond election in
a common school district pursuant to the provisions of Articles 2784 through
2787 of the Revised Civil Statutes of Texas, where a similar bond issue has
been defeated within less than a year of the proposed new bond election?”
Article 2784 of Vernon’s Annotated Civil Statutes authorized the
levy of a special tax for maintenance purposes within common and independent
school districts and provides that not exceeding Fifty Cents (5OC) on the one
hundred dollars of taxable valuation within any such district shall ever be
levied for bond purposes. It also fixes a limit of One Dollar upon the one
hundred dollar valuation of taxable property for both purposes, that is main-
tenance and bond. Article 2785 prescribes the manner of holding elections
to authorize the levy of a maintenance tax. Article 2786 provides the method
for voting bonds in common and independent school districts. Said article
reads as follows:
“Whenever the proposition to issue bonds is to be voted
on in any common or independent school district hereunder,
the petition, election order and notice of election must distinctly
specify the amount of the bonds, the rate of interest, their maturi-
ty dates, and the purpose for which the bonds are to be used. The
ballots for such election shall~ have written or printed thereon the
words ‘For the issuance of bonds and the levying of the tax in pay-
ment thereof,’ and ‘Against the issuance of bonds and the levying
of the tax in payment thereof.’ Such bonds shall bear not more than
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Honorable John R. Shook, page 2
five per cent interest per annum and shall mature in serial
annual installments over a period of not exceeding forty years
from their date; provided, that when the houses are to be
built of wood, said bonds shall mature in not more than twenty
years from their date. Such bonds shall be examined by the
Attorney General and if approved registered by the Comptroller.
All bonds shall be sold to the highest bid&r for not less than
their par value and accrued interest, and the proceeds of such
sale shall be deposited in the county depository for the com-
mon school districts, and in the district depository for the in-
dependent school districts,‘to the credit of such districts, and
shall be disbursed only for the purpose for which the said bonds
were issued, on warrants issued by the district trustees and
approved by the county superintendent for common school dis-
tricts, and by the president of the board of trustees and counter-
signed by the secretary of the said board for independent dis-
tricts. (Id.; as amended Acts 1929, 41st Leg., 1st C.S., p. 97,
ch. 43. § 1.)”
We do not find in said article any restriction or limitation as
to the time when bond elections may be held. It is true that in Article 2785
this sentence appears ‘If said maintenance tax proposition is defeated at
an election held for such purpose, no other election shall be held therein
within one year from the date of said election.” It will be noted that this
restricti,on is imposed upon the holding of maintenance tax elections. The
same restriction does not appear in the statute authorizing the holding of
elections for the purpose of voting bonds.
Therefore you are advised that in our opinion a bond election
may be called and held at any time irrespective of the success or failure of
an election previously held, whether within a year or more than a year from
the date of the proposed new bond election,
Trusting that this satisfactorily answers your inquiry, we are
Yours very truly
APPROVED JUL 18, 1941
ATTORNEYGENERALOF TEXAS
/s/ Grover Sellers
FIRST A,SSISTANT
ATTORNEY G,ENERAL BY /s/ Clarence E. Crowe
Assistant
CEC:ej:da
APPROVED OPINION COMMITTEE BY BWB CHAIRMAN