Texas Attorney General Opinion: O-199 Page: 3 of 3
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Hon. Morris Rolston, Feb. 11, 1939, Page 3 (0-159)
. .. and said district may be consolidated by the county
board of school trustees with some other district or districts
for elementary school purposes; provided that if there is
more than one white or one colored school in such a elementary
school district the board of trustees of the said rural high
school districts or an independent district, as the case
may be, may consolidate such white or colored schools of
the elementary district; . . . "
Thus it can be seen by this and other articles of this chapter relating
to schools that it was the intention of the Legislature to vest the
provisions of the rural high school creation in county boards of school
trustees, and if one elementary district of the whole could consolidate
by election with some outside school, there would be an immediate conflict
of the boards of trustees of the consolidated district with that of the
rural high school district.
We, therefore, hold that an elementary district of a rural high school
district cannot consolidate by election with a district outside the
rural high school family theretofore formed and have a conflict in the
governing bodies of the rural high school and the consolidated district,
and your question is answered in the negative.
Yours very truly
ATTORNEY GENERAL OF TEXAS
s/ George S. Berry
By
George S. Berry
Ass istant
GSB:N/ldw
APPROVED:
s/ Gerald C. Mann
ATTORNEY GENERAL OF TEIAS
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-199, text, February 11, 1939; (https://texashistory.unt.edu/ark:/67531/metapth257385/m1/3/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.