Texas Attorney General Opinion: O-3244 Page: 2 of 3
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Honorable W. C. cCOlain, Page 2
only, they may do so by a petition signed by
twenty or more of the qualified taxpaying voters
in each Comnon School District, presented to the
County Board of School Trustees of the County
in which the Common School District is situated.
a" o * The returns of said election shall
be made to the respective Boards of County School
'rueteee who shall declare the result and if the
consolidation is approved by a majority of the
taxpaying voters of each Common School District
applying for consolidation, the Board of County
School Trustees of each County shall declare the
result * * "
Article 2806, R. C. S. 1925, which was construed
by our Opinion No. 0-339 reads in part as follows:
'On the petition of twenty (20) or a major-
ity of the legally oualifled voters of each of
several contiguous common school districts, or
contiguous independent school districts, praying
for the consolidation of such districts for
school purposes, * * c"
The different language employed in these two stat-
utes is readily apparent upon examination; Article 2806 re-
ferring to 'legally qualified voters" and Articole 2742b, Sec-
tion 5a, using the terms 'legally qualified property tax pay-
Ing voters" and 'qualified tax paying voters". By reason
of the difference in the wording of these two statutes they
prescribe different qualifications for voters and persona
signing petitions for consolidation.
It is noted that Article 2742b, Section 5a, first
states that 'when a majority of the legally qualified prog-
erty taxOayinf voters * '~ desire to consolidate"; but when
making provision for the petition, it only requires that the
i3lnors be "qualified taxpyng voters.S In the next para-
rapoh however the statute provides that the election shall
result in a consolidation if "approved by a majority of tne
taxpaying voters.' Considerin the statute es a whole we
re of the opinion that the Legislature did not intend to
draw a distinction between "qualified prooertt taxpaying
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-3244, text, 1941; (https://texashistory.unt.edu/ark:/67531/metapth260473/m1/2/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.