Texas Attorney General Opinion: M-519 Page: 4 of 5
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Honorable J. W. Edgar, page 4 (M-519)
"(i) Title to all property, real and personal, of
the annexed district shall vest in the receiving district.
The receiving district shall have complete authority over
and management of the public schools in the territory
"(j) The receiving district shall assume all out-
standing indebtedness of the annexed district, bonded or
otherwise. Any tax in effect in the receiving independent
school district shall continue and become effective and
apply to the entire independent district as constituted
after annexation is completed.
"(k) The independent receiving district shall
continue as the same district and operate in all
respects as it was prior to the annexation except that
the annexed territory shall become liable for all in-
debtedness, subject to all taxes, and be a part thereof
for all purposes as though originally included in the
independent district." (Emphasis added.)
The above quoted sections construed as a whole would give
the receiving district (El Paso) title to all the property and
authority over all the personnel of the district to be annexed
(Canutillo), and El Paso district would assume all debts of
Canutillo district and property owners in Canutillo district
would be immediately subject to the indebtedness, if any, and
tax rate, etc. effective in El Paso District. Furthermore, the
two districts would be treated as one district as if they had
originally been sht up as one district.
Therefore, the effect of one district (El Paso) annexing
another (Canutillo) is the same as if the districts were
originally set up as one district. It is, therefore, our opinion
that the Commissioner of Education must look to the whole district,
including the annexed territory, and determine what proportion
of the whole district is composed of military or other charge
free land, in determining what the local fund assignment must be.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-519, text, 1969; (texashistory.unt.edu/ark:/67531/metapth269743/m1/4/: accessed August 15, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.