Texas Attorney General Opinion: JM-670 Page: 4 of 5
5 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Bill Haley - Page 4 (JM-670)
revision of the laws concerning creation, consolidation and abolition
of school districts." Included therein are sections 19.022 and 19.008
which give rise to the issue addressed in your inquiry.
Sections 19.022 and 19.008, being part of the same act by the
Sixty-eighth Legislature, a well known rule of construction set forth
in Attorney General Opinion M-650 (1970) is applicable. There it was
stated:
'Another fundamental rule requires that a
statute be construed as a whole and that all of
its parts be harmonized if possible, so as to give
effect to the entire act according to the evident
intention of the legislature. . . (The Court
will endeavor to reconcile the various provisions
of the act, insofar as they may appear to be
conflicting or inconsistent, to the end that the
enactment and every word, phrase, clause, and
sentence may have its proper effect.
Each part of the statute is to be considered in
connection with every other part and with the
entire enactment, in order to produce a harmonious
whole and to reach the true legislative intent.
Thus, in case of doubt as to the meaning of a
particular word, clause, provisions, or section,
it is to be viewed in the light of all the
language employed. It follows that a provision
will not be given a meaning out of harmony with
other provisions and inconsistent with the purpose
of the act, although it would be susceptible of
such construction standing alone.' 53 Tex. Jur.
2d 229-32, Statutes, Sec. 160.
In an attempt to harmonize the two sections, we must construe chapter
19 as a whole in arriving at the intent of the legislature. Applying
this analysis, it is our opinion that section 19.008 provides an
exception to section 19.022 in that before any changes can be made in
the boundaries of a school district coming within the provisions of
section 19.008, a majority of the trustees of that district must give
its approval. An exception, as a general rule, is strictly construed
and applied. See Attorney General Opinion M-507 (1969).
The territory sought to be detached under section 19.022 is in
the Dallas Independent School Districc. This is a school district
governed by a board of nine elective members and located in a county
having a population of more than 100,000. Thus, the Dallas Indepen-
dent School District comes within the provision of section 19.008 andp. 3070
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-670, text, April 7, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273108/m1/4/: accessed July 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.