Case Information
*1 October 11, 1972 Opinion No. M-1235
Rep. Charles H. Jungmichel Chairman, House Committee on
Public Education Re: Constitutionality of statute Texas House of Representatives authorizing voters of an in- State Capitol B;;;f;ng dependent Austin, Texas themselves
out of the junior district, and related questions involving S.B. 19 and H.B. 33, b2nd Leg., 1972, Dear Mr. Jungmichel: 4th C.S.
Your request for an opinion reads as follows: "Senate Bill 19 and House Bill 33 are before the Legislature at time and they are being considered by the House Committee on Public Edu- cation of which I am Chairman. A question con- the legality of this proposed legislation cerning has arisen which I feel needs some clarification.
"In their applicatio~n, these bills will apply only to the Odessa Junior College District.
A Dart of that district the Midland Independent School District wants a legal basis to disannex itself from the Odessa Junior College District and establish a new Junior College Dis- trict. This propo~sed disannexation and creation of the separate Junior College District will be voted on by the qualified voters of the indepen- dent school districts. Those voting on the dis- annexation question are a numerical minority in the Junior College District. The vote, if taken under this bill, would make it possible the numerical minority to decide the question for all the voters in the Odessa Junior College District.
"The questions to be answered are: *2 I
II 1. Is it constitutional for the voters an independent
college district themselves out of the junior district?
“2. Does the bill cover only the Odessa Junior College Taxing District?
“3. If parts of the bill apply to other than the Odessa Junior College Taxing District, specifically what applies to other districts?
11 4. What effect would this bill have on subsequent junior annexation and dis- annexation procedures?
11 5. Is this a precedent in junior annexation and disannexation procedures in so far as geographic integrity, i.e. could any governmental entity vote itself out of a dis- at an election called by a petition signed by 5% of the voters without a vote of the whole district?”
S.B. 19 and H.B. 33, b2nd Leg. 4th C.S., are companion bills amending Subchapter d, Chapter 51, Texas Education Code; by adding 51.069 reading as follows:
“Section 51.069. DISANNEXATION OF TERRITORY COMPRISING AN INDEPENDENT SCHOOL DISTRICT.
“(a) The territory of an independent which is the-only school district that has been annexed to a county- wide independent district in an adjoining county may
be disannexed from such countywide district and
constituted as a separate district in accordance
with the provisions of this section, provided that the countywide has no outstanding
bonded indebtedness which was incurred after the annexation of such school dis- trict.
“(b) The proposed disannexation and crea- tion of a separate
shall be initiated by a petition signed by not less than five percent of the qualified
taxpaying electors of the independent seeking disannexation. The petition
shall be presented to the board of trustees
the independent school district seeking to be disannexed, which shall pass upon the legality and genuineness of the petition and forward the petition, if approved, to the coordinating board.
“(c) If the petition is found to be in order and all statutory provisions have been complied with, the coordinating board shall approve the petition and notify the board of trustees of the
seeking to be disannexed, of such approval.
The board of trustees of the seeking disannexation shall
then order an election to be held in the within a time not less than
20 days nor more than 30 days after the order is issued. At the election the ballots shall be nrinted to Drovide for votine for or against the’ proposition: ‘Disannexation atiog of the of the - -
Independent School District ent School District
Tram the unior College District, Junior College District, and creation f the Junior Junior
Colleee District wit Vcoterminous ariescoterminous
with the boundaries of the
Independent School District.’ (the blanks to be filled in as appropriate). All expenses incurred in holding the election shall be paid by the ordering such election.
“(d) The board of trustees shall make a canvass of the returns and declare the result of the election within 10 days after holding the election and shall enter an order on the minutes of the board as to the result
election. If a majority of the votes cast
are in favor of disannexation and creation
of a separate district, such shall be deemed
-604%
disannexed and constituted as a separate
junior district.
“(e) If the creation of the separate is approved, it shall be governed by the provisions of this code
relating to independent
colleges. The offices of the representatives
of the disannexed
of the governing body of the countywide in- dependent dis- shall be terminated, and the remaining members of that governing body shall continue to serve for the terms for which they were
elected.
“(f) Any petition for disannexation and creation of a separate
may also incorporate a request for the proper authorities, in the event an election is ordered the creation of a new district, to submit at the same election, either as a part of the disannexation issue or as a separate issue,
the questions issuing bonds and levying bond taxes and levying maintenance taxes, in the event the district is created, not to ex- ceed the limits provided in Section 51.102 of code .‘I
Section 1 of Article VII of the Constitution of Texas provides :
“A general diffusion of knowledge being essential to the preservation liberties and rights of the people, it shall be the duty of the State to establish and make suitable provision for the support and maintenance of an efficient system of
public free schools.”
In construing the above quoted provision, it was held in Mumme v. Marrs, 120 Tex. 383, 40 S.W.2d 31 (1931) , that the liberal rules of construction of this constitutional provision should apply in determining the power of the Legislature in organizing a public system. It was further held that legislative determination of methods, restrictions and regula- tions in organizing a State educational system is final except *5 . . .
when so arbitrary as to be violative of a constitutional right.
Junior districts constitute a part of the svstec of public free schools: Shepherd v. San Jacinto-Junior College 363 S.W.2d 742 (Tex.Sup. 1963). Therefore unless District, regulated by some other constitutional provision, it is within the sole discretion to determine the method of annexation or deannexation of the territory districts. Section 3-b of Article VII of the Consti-
tution of Texas provides in part:
“NO tax for the maintenance of public free schools voted in any independent
and no tax for the maintenance of a junior voted by a junior district? nor any bonds voted in any such district, but unissued, shall be abrogated, cancelled or invalidated by
change of any kind in the boundaries thereof.
After any change in boundaries, the governing body of any such district, without the necessity of an additional election, shall have the power to assess, levy and collect ad valorem taxes on all taxable property within the boundaries of the district as changed, for the purposes of the maintenance of public free schools or the maintenance of a junior college, as the case may be, and the payment of principal of and interest on all bonded indebtedness outstanding against, or attributable, adjusted, or allo- to, such district or any territory cated
therein, in the amount, at the rate, or not to exceed the rate, and in the manner authorized in the district prior to the change in its
boundaries, and further in accordance with the laws under which all such bonds, respectively, were voted; . .‘I
Section 3-b of Article VII recognizes that the Legis- lature may authorize changes in the boundaries
districts so long as outstanding bonds are not abrogated, can- celled or invalidated. Since the bills in question only apply “provided that the county-wide has no outstanding bonded indebtedness
which was incurred after the annexation of such school district”, the bonded indebtedness could not be and is not abrogated, cancelled or in-
validated by the provisions of the bills in question.
Hon. Charles H. Jungmichel.
It may be argued that the electors comprising the entire district should be permitted to vote on the deannexation independent school district since all the taxable property within the boundaries of the junior district is subject to taxation for the present is a question that is solely within
district. Nevertheless, the discretion and is not required by any You are accordingly advised, in answer constitutional provision. that it is constitutional to your first and fifth questions, the Legislature to authorize the voters of an independent district district to deannex the territory the and creating a new junior district.
Finally, in connection with our consideration of your first question concerning constitutionality, we have concluded that the form of the ballot and the proposition to be submitted although duplicitous, is not confusing and is to the voters, legally sufficient to inform the voter of the purpose of the election and the effect of an affirmative vote and is thus con- The form of ballot will be uuheld if not mislead- stitutional. ing to the voters. Beeman v. Mays, 163 S.k. 358 (Tex.Civ.App.
1914, error ref.).
fin answer to your second and third questions, the bills in question apply to any independent which is the only school district that has been annexed to a county- wide in an ad ‘oining county. At the present time we are unaware of any SC 001 districts other than the Midland Independent School Dis- II annexed to the Odessa Junior College District to which these bills apply.
In answer to your fourth question, you are advised that the provisions of these bills will apply to deannexation procedure of territories of an independent
which is the only school district that has been annexed to a countywide county, whether such territory has been annexed
in an adjoining prior to or subsequent to the enactment of these bills.
SUMMARY S.B. 19 and H.B. 33 of the b2nd Leg. 4th relating to deannexing territories C.S.,
certain school districts from
certain districts are consti- tutional.
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Gordon Cass
Gerald Ivey
James McCoy
Roger Tyler
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant