Texas Attorney General Opinion: V-642 Page: 3 of 5
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Hon. Wallace T. Barber, Page 3, (V-642)
independent school district, and shall continue to operate
as an independent school district under the provisions of
the existing laws and the laws hereafter enacted governing
other dependent school districts, except as -btherwise
provided for herein.~
In its opinion number V-562, this office stated:
"Furthermore, it has been held in Trinity Independent
School District v. District Trustees, etc. 135 S.W. (2d)
1021 (writ refused) that where there has been annexation
of common school districts to an independent school dis-
trict having 250 or more scholastics under the provisions
of Article 29ZZa, these annexations by virtue of the provi-
sions of article 2922b have not changed the status of the
independent district to a rural high school district. Coun-
ty Board of School Trustees v. Gray, 142 S.W. (2d) 697,
writ refused."
The facts in the cited Trinity case reveal that an election was called
by the County Board of Trustees to determine whether that Board acting
under the power granted in Article 2922a would be authorized to annex two
common school districts to the Trinity Independent School District. The
election having carried by majority vote over the proposed district as a
whole, its area being greater than 100 square miles, the Board ordered the
common school districts be annexed to Trinity Independent School District
to form a unit for high school purposes. The facts herein submitted apper-
tairing to the San Marcos Independent District are identical in nature with
the facts of the Trinity case, except that with respect to the San Marcos In-
dependent School District, three common school districts were annexed
thereto to form a unit for high school purposes.
The enlargement or annexation proceedings of the San Marcos Inde-
pendent School District show that the district was formed after an election
thereon by annexing three common school districts, each having a scholastic
population of less than 400 scholastics, to the then San Marcos Independent
School District, having a scholastic population of more than 250.
We quote from the Trinity case, supra, at page 1023:
"While the record shows that there have been consolidations
and annexations of school districts with Trinity Independent
School District, under the express terms of Article 2922b
those annexations and consolidations have not changed the
status of the Trinity Independent School District from an in-
dependent district to a rural high school district . . .'
In Opinion V-562, we further stated that in Live Oak County Board,
etc. v. Whitsett Common School District, 181 S. W. (2d) 846, (writ refused)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-642, text, July 28, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265461/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.