Case Information
*1 +CE OF THE,ATTORNEY GENERAL OF TEXAS ’ i 6ROVER SELLERS Arro~Nrr CEHLIA,. ::, I .AUSTIN
; ; Eonorab1e.T. M. Triable
First Assistant State Sup*rLniendent
Wpazltrcent of Education
Austin ll,, Texas
. Dear Sir: Opinion NO. O-6976
Re: Texg of Board of Direotors I /
Your letter of Deoeraber 6,
mres requestiw an opinion uith
to be served by the present trustees
Junior Collage District has been
Ye believe tho letter nailed to of Davis, Tll, C-lomens and ~fg~~?wqw~gns~ved~ r ore quote belov thLs ‘let
Ye thvref of office. .Ue
otion 2, because ts which am first ion 2 is further .’ ng lass than 75,000 Article 2777a governing lndopend- 3, which lnoludes oitics of over ‘Vo really bollove that Artiolo ,2815h-4, 3ec-
tion 2, probably .oontrols for the reason that vhilo this Is a vslidatins oot it certainly ‘has a prospoo- tivo applicntion.and spacif3caily deuls with Unioxl
. . - . . -
' Ronorable T. PI. Trinblo, page 2
':
Juuior.College Dlstrlots. Ile feel that. the Legisia- Juuior.College Dlstrlots. Ile feel that. the Legisia- ture did not intend to prsscribo one term for trus- ture did not intend to prsscribo one term for trus- 'tees of Union Junior Collom Districts theretofore 'tees of Union Junior Collom Districts theretofore created and another for Diztricts thereafter moated.
Ue knart of no legal objection which vould prevent ' incorporation In suoh a statute of a proopeo ivo;-
provision; Thls Iwtter is not imodlatoly prmaing, /t
of Dourso, but we Would like to have you and tiie At- torney General glvo it yo*ur further co;l3idomtion.
A copy of this letter I3 enclosed for the httormy
'General.
"The San Antonio Union Junioi* College District is coznposed cf six oo.mon school districts and five independent oahool districts, as you ktmr. On3 of the independent diatriots is croated uuder said lav for publio school purposes only and va understand that the othor four ara crcstcd .under goners1 lov.
Rouo of thos am oities and tczins vhioh have assumd control of the public 3ohool3."
Ire have revloved carefully the statutes satting up the stages vhich should be Pollwad in the eleotioa of trusteon to independent school districts, aril altiiough It my be said that 2771ta should bb applied to sohool di3triot3, vo do not hrciolo feel that it is the statute that should bo follmed in this instmoo. Me are inclimd to agree with the fourth psragmph as set out in the abova quoted lottm. Semto Bill'No. 75, OS ‘ passed by tha 47th LeSislstum, Rogu1a.r S%wion, 1941, appmrs on Pago 6 of tha General and Special Law4 47th Legislature, Regular Session, 19Jk1.. Although the caption of this bill indi- c~toa that it is a validating act, there aro further words to this cffeot: Providina for the election of a Board '.
of Trkkk'for such ?unior Collcgo Districts, and providktq oertain pavers and duties of such trustees;- a.....
We thcrcfore believe that this not is mora thm a validating aot, and quote belov Sootion 2 of tha aot whiah sets out a u&hod of 0lectinS trustoos for a Junior College DL3trLot; -
hIonorable T. M. Triiuble, Page 3
: . ~*
?Seo. .2. The trustoos elected for such Junlor College Dlstrlcts, after taking the oath of offloe, r&all divide theanwlvos into three classes: Class I, eon3fsting of tvo uembers, aball serve for Mona yeoar
Clfh 11, consistinS of tvo neobors, who shall serire ‘icritwb years; and Class III, consisting of three r&- aaikifng members, vho shall serve for tnree goars.
-?'On the firat Saturday of April of eaoh year after suoh trustees first eleoted shall hz~vvo served for a pariod of at least ono year, an olactlon shall bs held to fill w-me nembars of trus- tees whose ter;ll3 explra that year. Such trwtoes
so cleotod shall 8erve for a term of three years."
(Ea~pbasfs ours.) (3ee Article 281511-4, Section 2,
Vernon's Annotated Civil statutes.)
It is the considered opinion, tharafore, of this depsrt- sent that the present board of trustee 3 vho were evidently elected . . ~3013s tineafter IJarch 1, 1945, should sarve for Q period or' at .. least one year, that is, their term of' oZioe vould not expire untFlApri1, 1947, at vhioh tina an entire bard of trustees nhould . be olooted. After they hnve been eleotcd and duly waliSiod, they should follov the prozodures a3 outlined in Ssctlon 2 of Artiole 2815h-4. Thereafter, and On the first Saturday of April of each year, an elootion should be held for tho groupwhose term sxpires at that tim3.
Trusti* that the above 8ati3Saotorily answers your in- we are
Yours very truly I. 33. N. DcGourin Assistant ' ._ t