Untitled Texas Attorney General Opinion

Hon. Pierre El.Sine a0my Attorney Clap county Henrietta, Texae Deer Sfrr Opinion No. o-26 Rer Requirements or Petition, Article 2786, RCS - Rate or Interest This will acknowledgereceipt of your letter of Januery 2nd in whloh you esk the f'ollowingquestion: "In a petition for a bond election of tm IndependentGohool fistriot, ia it permissible to state that the bonds to be voted would bear interent 'not ex- oeeding Fire pertent' or 'not sxoeeding Four peroent'?* I hsve viewed the autfmrities which you hsve cited and in the oese of B~owu VS. Trusoott, Independent School District, it appears that the Court doss not pase on the particuler question there involved and as pre- sented here. Prior to the time the ease was viewed by the Conunisslonof Appeals, Section A, in 1931, the Legislature had passed an aot validating the partioular district and Its cots, which dlstrlot was previously in operation. It 1s interesting to note the old Article 2858 end Seotlon 14~ of the Act of 1921, Chapter 24 wes involved in the Bloodworthvs. Rhea et el oaee 380 2':' 1070 and at thet tine the old stetute provided that the rate of interest must be stated, whereas, In our present statute, Article 2786, the words, *distlnct- lp speoiry" are used in the pleoe of the word, Wstete* as in the prior Act. Glvln~ the words their ordinary meaning, I BIPIconstrainedto advise you that the rate of interest should, in my opinion, be specifioally stated in the petition required under Article 2786, and intended to be so read. 13ovwfer,since the Bots of 1929 end Article 2786 88 emending the Aot of 1921, Section 14e, Chapter 24, has been in effect, it appears this department hss establisheda precedent for epprov- ing bonds issued under this Article w:ierethe petition reads such es you state in your question, other requlre- r;entsand acts being regular, and it lo not my purpose to overthrow any adopted construction oi sculler import HOII.Pierre aI.Stlne, January 9, 1939, Page 2 placed upon our laws heretofore. Youra respeotiully ATTORNEYGENERAL W TEXAS By /a/ Wm. J. R. King Ph. J. R. King K:AWrjrb Assistant APPROVED: /s/ Gerald C. Mann ATTORNXY G%ERAL OF TEXAS