Untitled Texas Attorney General Opinion

Bonorable W..P. Sexton Opinion Number O-2174 County Attorney Re: Construction of the word "majority" Orange County in Article 2007, Vernon's Annotated Orange, Texas Civil Statutes Dear Sir: This acknowledges receipt of your opinion request and we quote from your letter as follows: "I am asked for a construction of some of the language in Article 2807 ofvernon's Texas Civil Statutes, to the tenor following: 'If a majority of said voters should vote at either of said elections to assume and pay off said bonded indebtedness then said bonded indebtedness shall be- c:~.~'+ come valid, etc. ' "Briefly,the facts are that an election is to be held for the purpose of consolidating the Orangefield Independent School District and the Winfree Common School District. The latter has no indebtedness of any kind and has some money in its treasury. The former, the Orangefield Independent School District, has a bonded indebtedness. At the time of or after the consolidation of these two districts, if by vote they are consolidated, an election will be held on the question of assuming the outstanding bonds of said Orange- field Independent School District. In view of the foregoing, facts, does the language heretofore quoted mean a majority of the voters in said district as consolidated or does it mean a majority of the voters in either of said school dis- tricts. In other words, if there should be a majority of the voters in said Orangefield Independent School District voting for an assumption of said bonded indebtedness and said majority should not be a majority of the voters in the two school districts, would this meet the definition in the statute of the word 'majority' as heretofore quoted, or if there should be a majority of the voters in the Winfree Com- mon School District voting for an assumption of the indebted- ness, would this be a majority within the meaning of the above provision?" Honorable W. P. Sexton, page #2 Article 2807, Vernon's Annotated Civil Statutes, provides, in part, as follows: "If at the time of such proposed consolidation there are outstanding bonds of any such districts, then at an election held for that purpose on some future day, there shall be, or at the election held for the purposes of consolidation, there may be, submitted to the qualified tax paying voters of such pro- posed consolidated district the question as to whether or not the said consolidated district shall assume and pay off said outstanding bonds and whether or not a tax shall be levied there- for. If said election on the question of assuming said outstand- ing bonds is held on the day upon which the election on the 'ques- tion of consolidation is held, there shall be separate notices, ballots, and ballot boxes and tally sheets for the two separate elections. If a majority of said voters should vote at either of'said elections to assume and pay off said bonded indebtedness then said bonded indebtedness shall become valid and subsisting obligations of said consolidated district, ***" In a bond assumption election the voters in all districts affected by the consolidation vote as a unit, and in determining whether or not the assumption election has carried, you do not consider whether or not the voters of one district or another have voted for or against the assumption of the out- standing indebtedness, but it is the total vote of the entire district as con- solidated, or to'be ~consolidated,that determines whether or'not the election has carried. It is the opinion of this department that the word %iajority", as used in Article 2807, Vernon's Annotated Civil Statutes, means the majority of all of the qualified voters voting at the assumption election, regardless of whether they vote at two separate elections held on the day upon which the election on the question of consolidation is held or whether they vote at one election on some future date in said district as consolidated. Trusting that this answers your question, we are AppRovm my 23, 1940 Very truly yours, GERALD c. ,MANN ATIORNEYCENERALOFTEXAS AlTOP.NEYGERERALOFTEXAS APPROVED OPINION COMMITIEE BY RWF CHAIRMAN By s/ Claud 0. Boothman THIS OPINION CONSIDERED AND Claud 0. Boothman APPROVED IN LIMITED CONFERENCE Assistant COB-s:hep _’