The opinion
June 25, 1964
Honorable J. W. Edgar Opinion NO. c-275
Commlsslonerof Education
Texas Education Agency Re: Questions relating to
Austin, Texas 78711 the State Board of
Education's authorization
for the creation of a
county junior college
district, and the com-
missioners court's au-
thorlty to order elec-
Dear Mr. Edgar: tlons thereunder.
In your letter of June 5, 1964, you requested our
opinion on two questionswhich are as follows:
"(1) Where a first election has been
called and failed for the creation of a
county junior college district pursuant to
State Board authorizationgranted in 1958,
does a CommissionersCourt have authority
to call a second or subsequentelection in
1964 or thereafter?
“(2) Does a CommissionersCourt have
authority under Section 19 of Article 2815h
(where a first election authorized,properly
ordered and held failed) to order a second or
subsequent elections; and if so, legally must
such election(s)be held within 12 months after
the State Board of Education'sinitial author-
ization therefor?"
You state that authorizationwas obtained from the
State Board of Education on March 3, 1958, which authorized the
calling of an election toward the establishmentof a Galveston
County Junior College District. In March or April of 1958 the
election was held in Galveston County for the creation of a county
junior college district but failed to carry. It appears now that
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Ron. J. W. Edgar, page 2 (C- 275)
interested citizens from Galveston County plan to ask the
Galveston County CommissionersCourt to call an election for
the creation of a county junior college district, based on the
authorizationgranted by the Board in 1958.
You further state that in September of 1963 the State
Board of Education adopted the policy that authorizationfor the
creation of a junior college district, if deemed desirable, will
be based on the following conditions: (1) the authorization
will expire 12 months after the date of authorizationif no elec-
tion has been conducted for the purpose of creating the college,
and (2) if the original election to create a junior college dis-
trict fails to carry, successiveelections may be conducted provided
that such elections are conducted within the 12 month period.
To answer your first question we must look to the
provisions of Article 2815h, Sections 18 and 19 of the Revised
Civil Statutes. Section 18 provides in part that:
"Whenever it Is proposed to establish a
Union Junior College District, or a County
Junior College District, as above provided, a
petition praying for an election therefor, signed
by notfewer than ten percent of the qualified
taxpaying voters of the proposed territory, shall
be presented to , . .the CommissionersCourt or
CommissionersCourts of the county or counties
involved . . . It shall thereupon become the
duty of the . . .CommisaionersCourt or courts,
so petitioned to pass upon the legality of the
petition. . .It shall then be the duty of the
.CommlsslonersCourt or courts, as the case
ia; be, to forward the petition to the State
Board of Education."
Section 19 provides that if the State Board of Education
approves the establishmentof the junior college district:
.it shall then be the duty of the
Commis&ners Court or courts, as the case
may be, to enter an order for an election to
be held in the proposed territory within a
time of not less than twenty days and not more
than thirty days after,such order is issued
to determine whether or not such Junior College
District shall be created and formed. . . .'I
The language of Sections 18 and 19 indicates that a
petition signed by at least ten percent of the qualified taxpaying
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Hon. J. W. Edgar, page 3 (C- 275)
voters of the propozed territorymust first be presented. ThSs
petition prays for an election' in Section 18; and under Section
19 If the petition Is approved by the State Board of Education,
then the CommissionersCourt has the duty to order "an election"
to be held in the proposed territory within a time of not less
than twenty days and not more than thirty days after such order
‘isissued. A majority vote of the qualifi d voters voting in
"said election,' determines the question 0: whether'to establish
a junior college district.
Thus, we see that Article 2815h is clear in stating
that a petition prays for an election. Based upon such petition
the "further procedure" aumorized by the State Board of Education
is the ordering of an election by the CommissionersCourt. No-
where in this statu= is it stated that a petition shall be the
basis for more than one election. Rather, the initiatingpetition
and the resulting Board authorizationgive the CommissionersCourt
the authority to order only one election for the creation of a
County Junior College District.
Therefore, we answer your first question in the negative.
The CommissionersCourt will have authority to call an election in
1964 only after new authorizationhas been obtained from the State
Board of Education under Article 2815h.
It follows that your second question must also be
answered in the negative. That is, where a first election has
been authorized, properly ordered, and failed, a Commissioners
Court does not have authority under Article 2815h, Section 19 to
order a subsequent election under this initial authorization.
SUMMARY
Where an election for the creation of a
county junior college district has been called
by a CommfssionersCourt pursuant to State Board
of Education authorizationgranted In 19.58,and
such election failed to carry, the commissioners
court does not have authority to call a subsequent
election based on this initial authorizationob-
tained in 1958.
Where a first election has been authorized,
properly ordered, and failed, a commissioners
court does not have authority under Article 2815h,
Section 19, to order a subsequent election under
this Initial authorization.
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Hon. J. W. Edgar, page 4 (C- 275)
Very truly yours,
WAGGONW CARR
AFtb??hdk
By:
E. Lawrence Merrlman
Assistant
ELM:sj:mkh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Ed Boldlng
Jerry Brock
Edward Moffett
Milton Richardson
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone
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