Case Information
*1 OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
Honorsble Louis T. Holland
County Attorney
Montague county
Montague, Teroa
1939, requeatlng
the foliating faews: \\//
t5on was held to coneolidato an 8ahool distriot. The eleotlon to by a large an&r- lty in the inde Oatobsr 17. XQStt, the Caaim5fm return8 in th6 a*.
$6 to be 17 rar ion, and entered de eoneoli@ated.
n the manner requ5red by of trwkes of the comma to wt 5n their ofYfa5a.I aa- on contest alle@ng that %I- r oan~aolUatlon and that qurili- ed the right to mtaj suriioient to It or #uoh,eleatiQn.
e haa not bssat~eb and fe otil.. pai- t Court, an& the Coanty 8uperintmlant la holding all &ate, aotinty end looal funds of suah aomaen sohool dlatriat intaot in the aaaa.Of the ucmuaoLI sdrool No money haa been withdrawa Bern the depository distriot. 5n the aoaouut bf the.oommon crohool dirstriat for pfiyment of ateaohsr'or othsr'neaoamwy taxpenes ibr the ~nho~ll~& of the children of such dlatr5et during the W@t jm6V8
In &Ml, 193Q, anew~tms8se mm etiate4 i&the oomm8n 6OhoQl dietriot, and 5x3 Jus OS‘t;h~ yimr, I& new *2 Honorable Louis T. Ilolland, Pege 2
board purporting to aot for the.aonumn sahool distrfct, same into oourt end took a non-suit, whereupon the court permitted a former mmiber of board to substitute h5+ self individually end prooeed wit&the oontest.
Your letter continues as follows:
"1. i’iao oooneol5dat5on'eSfeotlve from the date of the oanvass of the returns and deolaration of results of auah eleotion in taror or oonmll- datlon, end would suoh oommon sohool dlstriot at that time beoome a part of the Independent district, and does it so oontinua as such until such time au suld election may be set amide by a f+lnal judgment or a ooust of eom- petent jurlsdlotlon? Thla question 5s based upon the proposition that no re- straining order has been asked for or granted against auyone.
T3. If you have answered the rore- goting questlon in the neetire, then I auk if the Board.of Tmmtees of the ooarran nohool d5ntrLct~are now olothsd with full power snd authority to issue vouchers in payment of ~$undo exgonded r0r teacher, SUpp1i86, eto., used in the sbhoollng of the ohhildren of ea5d distriot during the year 193849.
"It 1s my view of the situation that such OOllSOlidEtiO~ Wa8 Complete and effeative fro= and after the date of the oanvess~ or the retume and declaration of the result8 of said election by the aomm5ss50nerst oourt, and that such consolldatlon ~111 re- main in rull rorae 6nd ertaot, unless, and until suoh'eleotlon is deolared to be 5nvalld by a final Judgprent ot a proper aourt."
Artlole 8806; Revised Civil Statutes, lOeS, pro- vides for the oonsolldation of oommon and independent sohool dfstricts, and reada, in part, as follows: *3 Honornble Louis T. Hollaxl, Page 3
“. . . The oomaIssloners*, court shall .A its next iueetlng oanvaea the return6 of said eleotion, and. if the votes cast in each sud ell dietrlots show n majority in eaoh dletriot vot- ing separately in fsvor of such ooh- solldatlon, the oourt shall deolare the school districts oohsol18ated.m of sohool districts boa&a OS- The co~oiid&o~ Seotive upon tAe canvass of the election and~dealaration OS the result by the commlsslonere* court, aa provided In Ar- tiole 2806. bland ~8. OrahgeSIeld Independent School DIs- trict (T.C.A. 19e9), 84 LX. (ad) 73.
The consolidation having been consummated id lmeillately upon entry of order by the aomaI& effective s50ners~ oourt, would an eleotlon contest subsequently riled alleging 5rregularltIee In the conduot of sold oleation with- io itself supersede and suspend the order of the oommI8sio~- ore' court pending a final dotermInation ot said suit7 We think not. iJndoUbt8dl.y the order of the oomaIesIoaer8~ oourt tmnrassing the result of said election and dealaring Bald distriots omsolldated curries with It a presumption oS.ta- lldlty until set sside by final judgment or proper order OS a aourt of oompeteti jnrisCiatIon. We find no provIsion in our statutes which wmid authorize en individual I.n a aaae suoh 88 this to suspend the efiectlveness of en orbr oS the oorm5ssloners* court, presumptively valid on its Saae, by merely SllIng sn election oontest with allegations OS Ir- regularities in the conduat OS said election with no ra- straInIna order aeked ror or granted pending the SInal de- termination oS the suit.
It 5s our opinion t&at tLe consolidation OS a aom- mob end Independent school district beoomes effective lame&i- atqly upon the cemrass of the eleotion returns~ by the maws&s- sIonors* oourt with the flndine;e required by hrtlole 8806, Revised Civil Statutes, 1985, and in the abeenoe of an or- der to the contrary, eh election oontest subsequently filed alleging lrregularltles 1x1 said election, laould not auopend suoh order of ,codeolldatlon pendente lite.
Having answere4 your first question la t&o arrlm- ative, your mmond question does not require sn aMwere
Honorable Loule T. Holland, Page 4
Thie opinion is based upon the assumption t&t no fatal irregularity in the conaolldation,prooeediog ap- pears upon the face of the remmd.
Yours very truly ATTORNEY GENERhL OF TkXhs APPROVEMUG 11, 1939
ATTOFUTEY GEbTERAL OF TE;XAS