Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OFTEXAS AUSTIN May 5, 1989 Honorable Lee Freenell Oouuty Attorney 3Ypahur County Oilmel?,Tsxas Dear Slrr f your letter or April of this Department the authority, e boundaries of the Texas Coastltutlon pro- qegulatlng the ma~gement of publio aohools, the building & repding or sohool houses, and the raising of money for such purposes; *And in all other oases where a general law can be made applloablo,~no+l~o,~~or speoial law shall be enaotedl Honorable Lee Presnell, Kay 5, 1939, Page 2 Prior to 1927, Section 3, Article 7 of the State Constitution contained the following language: "And the legislature may also provide for the formation of school districts by general or special law without the local - notice required In other cases of speolal legislation." This seotion of the Constitution was re-adopted e$Zeotive January 20, 1927, and the above provlslong was ohanged to read as follows: "And the legislature may also provide for the funmatfon of eohool districts by general laws.* After this ~onstltutloual provisions was changed the - 14% Legislature in 1933 passed a speoial aot, provl~dingfor $he fOrmat&ionof a oouuty-wide oozmon sohool dlstrlot in Kln- .ney County on a majority vote of the qualified voters of said oouuty, abolishing existing sohool distriots and providing ior the op.erationof said dlstriot. In Fritter v. West (T.C.A. 1933) 65 S.W. (2) 414, this speolal sot was held 'unoonstltu- .$:oual, the Court stating: *It is clear that, by eliminating from the Constitution the provision that school districts oould be formed by speoial law, It was Intended that such distrlot be oreated by general laws. rrFurt.hennore, the oonstitution now pro- vides a speoirio manuer in which sohool dla- trlcts may be formed, that ls,.by general law. This would exclude the formation of school districts in any other ~aaMer than that expressly provided -ior in the oonatitu- tion.T* * *v '5. B. Ho. 542, being a speoial law and repugnantto seotion.~.Artiale 7 and geotion 56 of Article 3,&f our State Const$tutlon, i'unoonstituional and void." In Brownfield v. Tongate, ( :?C.A. 1937) 109 S.W. (2) 352, the 44th Legislature bad passed T%lll a validating the action of the Connty Board of Sohool Trustees in Terry County Honorable Lee Presnell, I&y 5, 1939, Page 3 In detachinr:thirteen sections fro= theRed Onion Common Sahool District and atteching it to the Union Independent School District in Terry County under and by virtue of Mticle 27421 or Article 2742m. In holding such act to be unconstitutional the court stated: "Since under its provision this act ap- plies to Dimmitt and Terry Counties only and oould never have atfeoted any othera, we oon- elude Senate Bill No. 19 was a looal law. The Legislature$8 peraltted to provide for the formation of sohool dlstrlote by general laws only, aonstltotionArtiole 7 Seation 9, and not by epeoial laws, henod we are of the opin- inn that the 'legislaturewas without authority to validate the order of the Sohool Board of ~. We are of the opinion that when Article 5 Seation 56, and Artlole 7 Seation Sof the Texas Constitutionare oo~strukd together, the Legislature ia without authority to ohsnge the boundariesof a common aohool disttiiotby epeoial or looal law. Very truly your8 By (signed) %eoll C. C&u&k Ceoil C. Gammaok 'Assistant Wl'ORX?EYGENRRALOFTEXAS