Texas Attorney General Opinion: O-6796 Page: 4 of 5
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862
Bonorable F. 3. Nitchell, Page ~
praying for the consolidation of such districts
for school purposes, the county judge shall issue
an order for an election to be held on the same
day in each such distrlot. . . . Comon school
districts may in like manner be consolidated
with contiguous independent school districts..."
Your letter states that art Common oBhool Dis-
triet haa preseatl d a petition for sonsolidatien vith
another contigous dlstr ia but your letter is silent as
to whether the other conatigous *chool district has
likevise presented a petition in n statutory form to con-
solidate with the Nart school district, Obviously, if
only the art school district presented a petition the
County Judge vould not be authorized to call a consolida-
tion election,
Hovever, if the facts are that both of the con-
tiguous districts have presented petitions in compliance
vith the statutes a problem vould arise. Obviously, the
pivotal point in such a natter (ander the assumed facts
above) would be the legal status of tart Comon School
District. And as shown by your letter, the question of
vbether the nexation of Hart diatriot to Putnam District
was void or legal vhile passed on by the district court
hams not yet been finally decided inasmuch as the case
vwas appealed and is now pending in the Court of Civil AP-
peals.
Since the legal status of Hart Common School
District is nov before the apellate court, this department
cannot categorically decide the question propounded under
the additional assued facts.
Hovered, we a re inclined to the view that sincethe decisive and pivotal point in the matter is before the
Court of Civil Appeals It would probably be the better
course for the County Judge to refrain from calling the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6796, text, September 18, 1945; (https://texashistory.unt.edu/ark:/67531/metapth264073/m1/4/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.