Texas Attorney General Opinion: M-519 Page: 2 of 5
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Honorable J. W. Edgar, page 2 (M-519)
"The Canutillo district proposed to be annexed
to El Paso district has 96$ square miles of territory,
none of which is federal-owned military lands. Cur-
rently, El Paso district's local fund assignment credit
for military lands approximates 49 per cent. If
Canutillo district is combined with the El Paso District,
the resulting El Paso Independent School District, so
enlarged would have by virtue thereof 304/ square
miles of territory and the combined district would have
a reduced military land credit on its local fund
assignment approximating 34%.
"Thus, we are informed that should the Canutillo
district be annexed, the El Paso district so enlarged
would realize $334,244 less from Foundation School
Funds occasioned by the percentage change in the military
land credit, than it is currently realizing in its
present status, ...
"The Board of Trustees of the El Paso Independent
School District acting through its superintendent has
requested this Agency to submit for an opinion from
the Office of Attorney General the following question:
"Must the local fund assignment credit for
federal-owned military reservations be proportion-
ately computed on the basis of total territory
in a district enlarged by annexation, under
Chapter 19, Section 19.262, Texas Education Code,
or can the language in Subsection (k) be construed
to authorize computation of such credit otherwise."
Section 16.76 of the Texas Education Code sets out the
formula to be used in determining the local funds to be charged
to the various school districts. House Bill 959, Acts of the
61st Legislature, Regular Session, 1969, pages 2698 et seq.,
amended Section 16.76, and the pertinent provisions of H.B. 959
are quoted as follows:
"Provided, however, that in any district contain-
i State University-owned land, State-owned prison land,
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-519, text, 1969; (texashistory.unt.edu/ark:/67531/metapth269743/m1/2/: accessed December 15, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.