Texas Advisory Opinions May 24, 1948: AGO V-585 (May 24, 1948)

No. V-0585 (1948).

We refer to your letter which reads in substance as follows:

On March 20, 1948, in the Bridge City Independent School District of Orange County an election was held under Article 2767, resulting in a majority favoring the abolishment of the Independent District. A petition has been presented to the County Judge of Orange County in proper form requesting an election to incorporate said district under Article 2757.

Question: After an independent school district has been abolished under Article 2767, is there any time limitation before an election can be had to incorporate under Article 2757?

We assume for purposes of this opinion that the territory formerly comprising the Bridge City Independent School District is now contained in an existing common school district and, as such, is a common district authorized to incorporate under Article 2757.

Article 2767, Vernon's Civil Statutes, provides for the calling and holding of elections for the abolishment of an independent school district. Article 2757 provides for the calling and holding of elections

for the incorporation of a common school district containing seven hundred inhabitants or more. Neither of those statutes, nor any other, attempts to fix any period of time to intervene between elections to abolish, elections to incorporate, or elections to incorporate after an election to abolish has successfully carried. Opinion 0--2572.

Therefore, after an independent school district has been abolished under Article 2767, there is no time limitation before an election can be had to incorporate under the provisions of Article 2757.

After an independent school district had been abolished under Article 2767, V. C. S., there is no time limitation before an election can be had to incorporate under the provisions of Article 2757, V. C. S.