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Untitled Texas Attorney General Opinion
O-3857
| Tex. Att'y Gen. | Jul 2, 1941
|
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*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

You request our opinion as to whether the dIrr- triot so ~oonsolidated IO a valid one.

The date8 of' the above happening6 are not &van but it will be assumed that aame took plaos eubaequent to

of' Artiale SSOtM, Vernon's Annotated Civil Sta- s55; Art1010 a9aaa, Vernon*s Annotated civil :%*r ierred to In the above infomation, relates,to sitat& the. establltlbment'oi rural high aohool distrlota, not to the o&@olIdatlon of sohool dImtrl6te. See County Board et mhool hx,etees of Limestone County v. Wileon, 6 S.W* (2d) Sob. $Mle tha above information is notolear arr to the oharaoter of pOOWIdiQg had Or OttC!dJQt~d wo art) led to bQlm6 that It wao a OonsolIdatIon of sohool dietriots whloh was attempted< ratheher. than the fonimtion o? a rural high sohool dIrrtrIdt: Artl~lu BSW,-Rwlsed Civlt Statuterr, WhIoh rovider 'autlmrity Sor the .oonrrc$datIo?l of aoh sohool dirtrio t 8, reads'in part aa $b&kmB I >:.. "'.,S

'*On the petltlod or twenty (SO) or a majority 0s i' the legally qualliled voters of eaoh of several oontlguous oommon 8ahool diatriota, or oontlguous Independent oohool praying for the aonlrolldatlou'of -oh dImtrIiots dirtriots, for 6ohopl purposes, the County Judge shall Isrue ah order for an t&action to be held on the fame day In eeoh euah dlstrlot. The Qouuty Judge shell give notlob ofthe date of suoh,elsotionr by publication of the order in moue newspaper published In the oouuty for twenty (SO) day8 prior to then date on which such eleotlone are orilered, or by poetilng a notion or euoh olootlons In eaoh or the -dIetrIote, or by b6th euoh publfoatlon and posted notiom. The Coraolssionere* Court shall at ita acyr8.motIng onuvam the returne of such eleotions, and if the vote0 oast In eaoh ahdall dI.strIqts ahow a majority iu eaohdiltrlot voting eeparetely in favor of uuoh oonsolldatlm, the Court ehall deolare the sohool dletrtote oonsolidated." From a reading of the above etatute It agpeare that It ie neeeesary that the eleotlon shall be held In eaoh of the diatriots which is to bs affeotsd by the oonsolidation, Suoh 018otIon not having been held in the I& PIagah Dfstrlot there he8 been no valid ooneolidatlon. The petition oanuot taks the plaoe. of an eleotion. In the seoreoy of the porms an elector lnay express h-elf dliferently from what he would do if pra- Usnted with a petition to sign. AassumIng that the aotlon

Y. , a$t,tsPalpteQ *ItlS 0 oonsolidation of aohool distrlote inetead

of the folXUktion QS a FUral high, sohbol distriot, 0~ opinion 10 that no valldNunao2idatioa has swulted. xf the efrort 'rar to fom a RLTLil U6$h fwhool di;etriot and the various

+ooeedings 80 refleOt we suggest that you SO advIse UB order that ws IRay $ % VU YOU Our Opinion in View of? auoh irrat l

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Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1941
Docket Number: O-3857
Court Abbreviation: Tex. Att'y Gen.
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