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Untitled Texas Attorney General Opinion
O-7170
| Tex. Att'y Gen. | Jul 2, 1946
|
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Case Information

*1 OFFICE OF’THE ATTORNEY *GENERAL OF TEXAS AUSTIN

Hon. Paul H. Iitw.nford

Criminal District Attorney

Vw~n Zandt County

Canton, Tcxna

Dear Fir! Opinion No. O-7170

Rer Whether petition for bond election in

Your request for opinio

fully considered by this depar

as follows8

d’ At the req Zandt i!ounty, Te uest your opinion on the f provides: Ls held to determine the

the lovy of such tw,x or the issuance

of such bon?s, e petltioil therefor, signed by twenty (20) or more, or a majorlty of those entitle4 to vote at such election, shall be presented ‘to the County Judge of the county If for a common school * end ‘to the district trustees lf for wz district, Independent school d.istrict. etc. ’ . . . . and provides for order of election, n@.ces etc.’

C. , lion. Paul H. Stanford

“Article :)rovldesr ” ‘All Incorporate4 districts, having e‘,,!h fewer than 150 SChOltMtiCS according to the ‘T.a.test census, shall be governed in the general admi~nle- tration of theLr schools by the laws which amply, to common school districts; and all funds of such --)dlatrictw whnll be kept in the county depositories

and paid out on order of the trustees approved by the county wuperlntendent.’

“Faata: Edom Independent School Dlstrtct In Van Zendt County, Texas, is in Independent school district but the number of SChOkW3tiCS

to the lateet census, is leea than one hundred fifty.

‘This Independent School Diwtrict desires to have an election to issue bonds for the purpose of building a school builaing. Shall the petition for such bond

“Question1 be directed to the County Judge for e,n order for such election as is provided for common school districts, or shall it be presented to the District Trustees for wn order for such election as ie provldid for lndwpendwnt school districte?” 2784e anil 2785, wupre, deal specifically

Articles with the issuance of bonds and bon4 elections for common and independent wchool districts, while Article 2753, supra, merely provi4es that independent school districts having fever than 150 SchOlaStiC8 shall be governed In the general adminls- tration of their schools by laws which apply to common achooi rllwtricta. We think the specific bon4 statutes above quote4 2763, should control over the general provisions of Article with respect to general administration of said schools an8 It la therefore our opinion th& petitiona for bond elections in Independent wchool dlwtricts (including thoee having lqsw

Hon. Paul H. Stanford

than 150 scholastics to the latest census) should be presented to the trustees of the independent school dls- tricts and not to the County Judge.

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1946
Docket Number: O-7170
Court Abbreviation: Tex. Att'y Gen.
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