Case Information
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March 10, 1959
Honorable Richard Spinn County Attorney Brenham, Texas
Dear Sir:
Opinion No. 0-386 Re: In trustee elections for County Junior College Districts, created and oxist- ing under Section 19, Article 2818h, R. C. S., what are the number and terms of the trustees to be elected, who salls the election and who pays for the expense thereof
On February 20, 1959, you submitted for the opinion of this Department the following inquiries:
*Under Art. 2818h, Section 19, Washington County by an election duly held on May 10, 1959, created a Junior College District in accordance with the provisions of said statute. The boundary of said Junior College District being aze of those of Washingion County.
At same time in accordance with Section 20 of said Article 2818h an election of seven trustees was had, who duly qualified. Since May, 1959, no election for trustees has been held and at this time the following questions are propounded and upon which an opinion will be appreciated: (a) How many trustees should be elected at an election to be held on first Saturday in April? (b) Ainc. cells said elnotion, the Junior College District Board or County Judge? (c) Who pays for expense of the Judges and other expenses of said election?
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Hon. Richard Spinn, Harsh 10, 1939, Page 2
Your letter refers to the distriet under consideration as "Junior College District." As we construe Artiele zelbh, as anended, Revised Civil Statutes, for a district created under seid Arliele to be known as a Junior College Diatriet, it would be neseasary that such district be ereated from an independent sehocl district, or a eity which has assumed control of its sehools, both having sertain property valuations and seholastie attendanee. Seetion one through sixteen of Arliele zelbh, Revised Civil Statutes, as anended, governs the creation of such Junior College Diatriots and the regulation of their seholastie and fiseal affairs.
The other types of sehool district comprehended within said Arliele zelbh, Revised Civil statutes, as anended, are Union Junior College Diatriots and County Junior College or Joint County Junior College Diatriots, and these two elassifications of sehool distriots are governed, as to their orestion and maintenance, by ceetions seventeen to twenty-two of Arliele zelbh, as anended, Revised Civil Statutes.
Since the sehool district involved here was ereated under Seotion 19, Arliele zelbh, as anended, Revised Civil Statutes, with its boundaries eoterminous with that of Fashington County, we would say that such district, in the striet interpretation of the governing atatute, would be known and designated as a County Junior College Diatriet rather than a Junior College Diatriet, and consequently, soula not, with referanse to the oleotion of district trustees, be regulated by Seotion 4 of Article zelbh, as anended, Revised Civil Statutes.
Seotion 20 of Arliele zelbh, as anended, Revised Civil Statutes, relates to the oleotion of trustees and the government of such distriots by trustees, and, insofar as pertinent to your questions, provides as follows:
*3 Mon. Richard Spinn, March 10, 1939, Page 8
upon, the question of who shall be the Junior College Trustees in the event such district is created. The 7 candidates for Junior College Trustees receiving the highest number of votes at such election, shall be declared the Trustees of such district, and they shall hold office until the next election provided for above."
The original board of County Junior College Trustees, having been elected in accordance with the above statute, and the question now being presented as to the election of their successors, we are, by the underlined portion of said section, referred to the general law governing the election of trustees for independent school districts.
As you point out, Article 2756, Revised Civil Statutes, is the statute which should govern, by reference, the answer to your first question. This statute provides for the number, election, terms, etc. of trustees of an independent school district in towns, to succeed the first trustees, and reads, in part, as follows:
"Each of the seven trustees who were elected at such incorporation election shall hold office until the next regular trustee election to be held on the first Saturday in April next succeeding and until their respective successors have been duly elected and qualified, at which time seven trustees shall be elected for said independent school district, whose respective terms of office shall be determined in the following manner and by the following method: Such trustees shall draw by lot, and those trustees drawing the numbers 1, 2, 3 and 4 shall serve one year for the term of office ending with the next regular trustee election on the first Saturday in April of the following year and until their respective successors have been duly elected and qualified. And those trustees drawing the numbers 5, 6 and 7 shall serve for two years for the term of office ending with the next regular trustee election on the first Saturday in April of the second year following their election.
"The said board of trustees of each of such independent school districts incorporated under the provisions of this Act shall have and exercise and are hereby vested with all the rights, powers, privileges and duties conferred and imposed upon the trustees and boards of trustees of independent school districts by the general laws of this state."
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Boe. Hiehord Spima, Kareh 10, 1930, Page 4
Artieie 2799, Revised Civil Statutes, relates to such subsequent trust-e oleotions for independent sehool :istriots in eities, and provides as follons: "The seven eendidates reoolving the largest number of voles at the first ol otion, and the three or four eandidates reoolving the largest number of votes at all subsequent oleotion: , shell be entitled to serve as trustees hereunder. Those olected at the first oleotion shell dotermine by lot the term for which they are to serve. The four members drawine numbers one, two, three and four shall serve for one year, and the three menbers drawing the numbers five, six and seven shall serve two years, or :nt:1 the oecond of April thereafter, and until their sucoessors are olooted and qualified; and regularly thereafter on the first iaturday in April of each year, four trustees and three trustees, altornately, shell be oleoted for a term of two years, to succeed the trustees whose term shall a: that time oxplre. The menbers of the board remaining after a vecancy shall fill the same for the unexpired term."
He are acoordingly in agreement with you that the proper arsner to your first question is found within the terms and provisions of the two articles next hereinabove quoted.
Artiele 2996, Revised Civil Statutes, furnishee the answer to your eecond question in its provisiom that eleotione for trustees of independent sehool distriots shall be ordered by the board of trustees of such distriots. The corresponding county Junior C:1lege Board of Trustees sheuld eall the oleotion in the instant ease rather than the County Judge.
Answering your third and last question, we say that under the analogy of Article 2746a, Revised Civil Statutes, as anended ty the 44 th legislature, all expenses of printing and delivering bellote, together with other expenses incident to said oleotion, sheil be paid for out of funde of the County Junior College District, with the exneption of fees to ol.otion judges. Under Article 2996, Revised Civil Statutes, it is provided that shell be paid to election judges in trustee eleotions out of the general fund of the county.
You wish to be advised if the present legislature has enacted into law any statute arfecting Junior College Districts. Although a bill has been introduced to ehaage the status
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Yon. Richard Spinn, March 10, 1939, Page 8
of two of our juior eolloges into four year eolloges, you will probably only be interested in Benate Bill s:. 134 valldating the fanior colloge Diatriet of aathingt:a Gounaty and providing that sase shall be ealled Blian colloge by the tresteeg. This not was algned by the Governor liarch Srs. A copy of this bill was unavallable, but you say easily produre aene from y:ur Representative.
Yours very truly
FAN:IN
APPROFED Berardo. Pn ATTDINET OPHERAL OF TEXAS
NOTES
"A Union Junior College, a County Junior College or a Joint County Junior College, shall be covered, administered and controlled by and under the direction of a Board of seven Junior College Trustees, elected at large from the Junior College Diatriet by the qualified voters of said district, with such terms of office as iay be provided under the General Law by Trustees in Independent Sehool Districts. Provided, however, that whenever an olection is ordered for the creation of such district at the same election at which shall be determined the oration of such district, there shall also be submitted and voted