Untitled Texas Attorney General Opinion

'Hon. T. M. Trimble Opinion No. O-3352 First Assistant State Super- intendent Public Instruction Re: Annexation of Territory Austin, Texas to Junior College District Dear Sir: We are in receipt of your request for an opinion of March 28, 1941, concerning a junior college district for Galves- ton County, which is accompanied by letters from the County School Superintendent and Presidentof the Board of Trustees of the City of Galveston. It appears that the City of Galveston many years ago assumed control of the public schools within its limits and in 1935 created by vote of its citizens, as provided in Article 2815h, Vernon's Texas Civil Statutes, a Junior College District within said city. Subsequently, an attempt to vote a maintenance tax for the Junior College District was defeated and the Junior College for that reason has not functioned as suoh. A movement has been instituted to bring this Junior College District into operation and also extend it so as to include the remainder of the County outside the City of Galveston. Several questions are asked concerning the procedure to be followed with reference to Sections 4 and 17, of Article 2815h, Vernon's Texas Civil Statutes, bowever we think the procedure set in Section 21 of said statute adequate- ly disposes of the various inquiries. Section 21 of Article 2815h, Vernon's Texas Civil Stat- utes, reads as follows: Wet. 21. (Annexation of districts to junior college district.)- An independent school district, or districts, a common school district or districts, may be annexed to a junior college district for junior college purposes only, by an election as pro- vided in Section 2 hereof, upon petition of five per cent of the property taxpaying voters in such district or districts seeking to be annexed, provided further that such annexation shall have been previously ap- proved by the board of trustees of the junior college district and provided further that election for suah annexation shall be called and the results canvassed Hon. T. M. Trimble, page 2, (O-3352) and declared by the aounty board of eduoation or the county commissioners's court of the county, in oase there is no county board of education, provided further that the territory included in such annexed district shall thereby assume its share or any outstanding bonded indebtedness of the junror oollege district, in proportion to the assessed valuation within the said district, and shall also beaome liable for taxes for maintaining the junior college." It is our opinion that a junior college district includ- ing all the territory in Galveston County may be formed by follow- ing the annexation procedure provided in the above quoted statute. It would also be necessary, of course, to vote a maintenanae tax for said district. Yours very truly ATTORNEY GENERAL OF TEXAS By /c/ Cecil C. Cammack Cecil C, Cammack, Assistant APPROVED MAY 7, 1941 /s/ Grover Sellers FIRST ASSISTANT ATTORNEY GENERAL APPROVED: OPINION COMMITTEE BY: BWB, CHAIRMAN CCC:lh:wb