Texas Attorney General Opinion: V-1280 Page: 3 of 8
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C
C
Ron. Dudley Davis, page 3 (V-1280)
order was held void in State ex rel. Childress v.
School Trustees of Shelby County, 239 S.W. 2d 777
(Tex. Sup. April 18, 1951). As a result of the in-
validity of that order, the status of the four
named districts was that of distinct, separate
school district entities, as if the order of Octo-
ber 1, 1949, had never been passed.
However, on April 25, 1951, which was
about one week after the Supreme Court decided the
Shelby County case supra, the county school board
passed a second order involving three of the named
districts. You state that the county board, act-
ing under the annexation provisions of Article
2922a, V.C.S., attempted in its April 25 order to
act in conformity with Article 2922a as construed
in the Shelby County case. That order annexes the
Jackson and the Fellowship Common School Districts
to the Joaquin Independent School District and de-
clares the resultant composition as creating an
enlarged Joaquin Independent School District.
The annexation portion of Article 2922a,
(V.C.S., reads as follows:
. . . provided, also, that the
county school trustees may annex one
or more common school districts or
one or more independent school dis-
tricts having less than two hundred
fifty (250) scholastic population to
a common school district having four
hundred (400) or more scholastic popu-
lation, or to an independent district
having two hundred fifty (250) or more
scholastic population."
Article 2922b, V.C.S., provides in part:
". .. provided that all indepen-
dent school districts enlarged by the
annexation thereto of one or more com-
mon school districts, as provided for
in Article 2922a shall retain its sta-
tus and name as an independent school
district, and shall continue to oper-
ateas an independent school district
under the provisions of the existing
laws and the laws hereafter enacted
Governing other independent school
districts, except as otherwise pro-
vided herein."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1280, text, September 12, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266098/m1/3/?q=%221951~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.