You have requested our opinion concerning the constitutionality of Senate Bill 1110, 64th Leg., which provides:

The office of county superintendent of schools is abolished in Gonzales and Travis Counties. The duties of the office shall be performed by the county judge as ex officio county superintendent.

In Attorney General Opinion H-545 (1975) we indicated that a bill which would have abolished the office of county school superintendent and the county board of school trustees in five counties was unconstitutional, The bill violated article 3, section 56 of the Texas Constitution, which provides in part:

The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law . D . [rlegulating the affairs of crxnties. cities, towns, wards or school districts.

In our opinion your question is indistinguishable from that raised in Attorney General Opinion H-545 and therefore Senate Bill 1110 is clearly unconstitutional, as a violation of this section. Rim V. State, 288 S. W. 2d 77 (Tex. Cri,m. 1955); Heflin V. Wilson, 297 S. W. 2d 864 (Tex. Civ.App. --Beaumont 1956, no writ): Attorney General Opinions H-52 (1973). M-1237 (1972), M-1200 (1972), M-935 (1971), M-745 (1970).

p. 2823 *2 The Honorable M. L. Brockette, page 2 (H-641)

SUMMARY Senate Bill 1110 is unconstitutional as a local or special law.

Very truly yours, Attorney General of Texas APPROVED:

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman

Opinion Committee

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