Texas Attorney General Opinion: O-5308 Page: 2 of 5
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Honorable Burnell Waldrop, page #8
publication or posting of election notices, and canvassing
of the returns by the commslsionctrs coirt.
In 1927 the Fortieth Legislature at its irast Callod
Session passed House Bill io. ~ (Acts 1927, 40th Let., is:
C* .* ch. 84, H. , 99 , p. 223; Seo Vernoats An~notatod Civil
Statutess. Section 5b of ZouE ill Eo. 9G (Vernonz ABno-
tated Civil Statutes, Articlo 27142) provides, in part,, as
follows:
"See. 5b. In the manner prescribed by general
law, Article 2808, Revised Statutes, 1925, provid-
ing for the consolidation of school districts by
election, Common School and Cozmaon County-lii e
Districts may be consolidated, and CoLtron School
and Common County-lino schooll Districts may be
consolidated with a contiguous Independont Dis-
trict in the osue or in an adjoining County; pro-
vided that when the proposition is to. consolidate
districts having territory in tvwo or more adjoin-
ins Counties the petitions and election ord ers
prescribed in Article 2380, Revised Statutes, 1925,
shall be addressed to and issued by the Covsty
Judge of each County for and in behalf of eaoAh dis
trict wholly in his County or over which his County
has jurisdiction for administrative purposes, and
the County Conmissooners' Court of each County
shall canvass the returns of the election in each
district lyins wholly -within the County or under
its jurisdiction for administrative purposes, and
declare the results, as in thie case 1of the conoli-
dation of districts lying wholly within ono County;
and when the results are so declared the consolida-
tion of the districts chall thereby become effec-
tive."
You will notice that the consolidation of a common
school district with a ccntivuous independent school district
"in the same or in an adjoining County" is specifically au-
thorized.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5308, text, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262576/m1/2/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.