The opinion
THEATTORNEYGENERAL
OFTEXAS
February 21, 1950
Eon. Eulon c. Hall Opinion Ho. V-1011.
County Attorney
Grimes county Rer Authority of County School’
Anderson, Texas Board under Art. VIII,‘S;B.
116, Acts 51st Legi, R.S.
1949, ch. 334,p. 625,to
consolidate an independent
school district with an ad-
joining district, under the
Dear Sira submitted facts.
Your request for an opinion reads, in part, as
followsr
“In the Plantersvllle Independent School Ms-
trlct, @rimes County, Texas, a white school
has not been maintained for several years, but
a negro school has been maintained and la still
in operation., The scholastic census taken
April 1, 1947, disclosed that there were a
greater number of negro scholastics than whites,
but the bensus of April 1, 1948 revealed that
there were more whites than negroes, as did al-
so the census of April 1, 1949. In other words,
to clarify, here was the situation for the past
three years.
“1947-48 Negroes had the greater number of enu-
merated scholastics. A negro school was main;
tained, but no white school.
“1948-49 Whites had the greater number of enu-
merated scholastics. A negro school was main-
tained, but no white school.
“lg49-50 Whites have the greater number of enu-
merated scholastics. A negro school is being
maintained, but no white school.’
The following two questions are presented%
Under Article VIII, S.B. 116, Acts
51st i;, ., 1949, B.S., Ch. 334, p. 625 (Art,
.
Hon. Hulon C. Hall, page 2 (V-1011)
2922-18, V.C.S.) does the County Sohool Board
of Grimes County have the authority to con-
solidate the Plantersvllle I.S,D, with an ad-
joining district at this time?
2, Uhen may the Couuty School Board of
ffrlmes County exercise Its consolidation au-
thority with respect to the Plantersville I.
S.D. under existing law?
Insofar as pertineat to this opinion, Article
VIII of Senate Bill 116, Acts slat Leg., R.S. 1949, ch.
334, p, 625 (Art, 2922-18, V.C.3,) ppovideso
“within thirty (30) days from the effect-
ive date of this Act, the County Board of
Trustees of the several couuties of the State
are hereby authorlsed and vequlred to consoli-
date by order of said Board each dormant school
district wlthln the county (as helseln defined)
with an adjoining district OF disttiiCtse The
terra “dormant’ as used.hereln shall mean any
school district that fails, for auy two (2)
successive years subsequent to 1946-47 school
year, to operate a school in %he district for
the race having the greater number of enumer-
ated scholastics in %he dlstpict 0 0 *a
In opinion 190~V-855, this office held that the
fact that the Legislature defined “dormant” to apply to
any school district tha% fails for an two successive
years subsequent to the 1946-1947 SC 3 001 year, implies
that the power of the county board to consolidate there-
under shall continue beyond the thirty days from the ef-
fective date of Senate Bill 116, If the Legislature in-
tended the provision to apply onl to school districts
dormant in the school years 1947- 1 8 and 1948-49, It would
have clearly and expressly so provided,
In opinion Ro. v-856, which also construed AP-
,ticle VIII of Senate Bill 116 we held that although the
Legislature used the term “19$6-1!34i’ school year,’ Its
:intentlon, considering the Act as a whole, was to refer
to the school term which coavaenced In the Fall of;.1946
and ended in %mprlng of 1947, Therefore, if a school
district had not operated a school for the zv3ce having
the greater number of scholastlos for two successive
years subsequent to the school term which began in 1946
and ended in the Zipping of lq4vs such distrfct would be
.
;
Hon. Hulon C. Hall, page 3 (V-1011)
a “dormant’ district under and subject to the provisions
of Article VIII.
The same meaning which we have given to the
term “school year’ as used in Article VIII, should be ap-
plied to the word “year” as used In the same sentence
defining “dormant” and found In the phrase “for any two
(2) subsequent years.” Watlonal Surety Corp. vb Ladd,
131 Tex.295, 115 S;W.2d~600 [lg38) 39 T J 201
Statutes, Sec. 108. Therefore, if’s soh% d%rict’has
not operated a school for the race having the greater
number of enumerated scholastics for two successive an-
nual school terms, subsequent to the school term which
began in 1946 and ended $n the Spring of 1947, such a
dlstrlct would be a “dormant” district subject to the
consolidation provisions of Article VIII of Senate Bill
116.
Under the facts submitted, the Plantersvllle
District does not presently fall within the statutory
definition of a “dormant’ school district. This is true
for the reason that there has been operated a school for
the race (negro) having the greater number of enumerated
scholastics In the district in one of the school terms
(1 47-48) of the two successive years subsequent to the
19 $ 6-1947 school year, Since the whites did not have
the greater number of enumerated scholastics fn the
school year 1947-48, there has not been within the two
school years subsequent to 1946-47 two successive years
when no school was operated In the district for the
race having the greater number of enumerated scholastics.
The district not presently being “dormant,’ as defined
in the Act, the County School Board of Grimes County is
without authority at this time to consolidate the,Plant-
ersville District with an adjoining district OP dis-
tricts.
We till now consider then second question pre-
sented. Under the facts submltted, the whites had the
greater number of enumerated soholasti.cs during the
1948-49 school year, but no white school was maintained’.
In the district for that year. In the present school
year or term, 1949-50, whites have the greater number of
enumerated scholastics, and again no white school is be-
ing maintained in the district, By virtue of the provi-
sions of Artiole VIII, as construed in opinion V-856
and herein, we are of the opinion that authority will
lie In the County Board to consolidate Plantersville Ms-
trlct tith another district or districts following the
‘.
Hon. Hulon C, Ball, page 4 (V-10111
termkmtion of its 1949-50 school tera in the Spring of
1950. l%ls is true for the Peason that thePe till then
have been two successive annual school terms, subsequent
to the s&o01 term which began in 1946 and ended in the
Spring of 1947, in which no school was operated fop the
Pace'baving the greatest number of enumerated scholas-
tics.
The district's enumerated scholastios for the
school year 1949-1950 is that detemdned by the scholas-
tlc~census takefi.zig~l949-in accordance with Articles
2816-2822, inclb, V&3,, and not by the census to be
taken and determined in 19500
Under the facts submltted, the Planters;
ville Independent.District Is not a "doP@mt"
dlstrlct~aa defined in Article VIII,of Senate
Bill 116, Acts 5lst Leg,@, R.S. 1949, ch, 334*
p. 625, and the county School Board of Grlmes
County is without authority as of the pPesent
tZme to consolidate such district tith an ad-
joining di8trict or disttictsi Under the ex-
isting facts, the Board will be vested with
authorLty to consolidate such district follow-
ing the termination of its 1949-1950 School
terpl in'the Spring of 1950. Art, 2922-18, V.
C.S.; A. G, Opinions Was, v-855 and 856.
Yours very truly,
PRICE DAEIBL
APPROVED% Atttorney GenePal,
17; C, Davis, Jr,
county Affairs Division
Charles D, Mathews Chester Ei Ollison
Executive Assistant Assistant
CEO:mwobh