VERNON'S TEXAS CIVIL STATUTES
CHAPTER 12. COUNTY UNIT SYSTEM
Art. 2702. Election
Upon the petition, duly signed and verified by the tax rolls of the
county, of five hundred (500) qualified voters of any county having
a population of one hundred thousand (100,000) or over, or upon the
petition duly signed and verified by the tax rolls of the county of
one hundred (100) qualified voters of any county having a
population of not less than three thousand nine hundred sixty
(3,960) and not more than four thousand (4,000), and a county having
a population of not less than eight thousand six hundred (8,600) and
not more than nine thousand (9,000), according to the preceding
Federal Census, the County Judge shall call an election in said
county within ninety (90) days thereafter to determine whether or
not such county shall adopt what is commonly known as the County
Unit System of Education, provided for under this law; such
election to be governed by the laws governing the holding of a
primary election in and for a county, in which said election is
called. Separate elections shall be held in each Commissioner's
Precinct in the County, and it shall require a majority vote in each
such Commissioner's Precinct before the consolidation may be
ordered by the Commissioners' Court. And the Commissioners' Court
is hereby constituted the canvassing board for each of such
precincts and the elections therein. Said election shall be held on
the same day and in the same manner as provided for the holding of
primary elections in this State. The County Judge shall prepare a
proper form of ballot to be used in such election, and furnish such
explanations of the law as in his judgment may be necessary, and
transmit the same to the presiding officer of each election
precinct. The results of said election shall be certified by the
County Judge to the Secretary of State, and shall take effect as
soon as the County Board of Education hereinafter provided for has
been duly elected and qualified; and this law shall take the place
of any existing General or Special Law affecting said county which
may be in conflict with the provisions hereof.
Acts 1923, p. 237; Acts 1931, 42nd Leg., p. 835, ch. 348, Sec. 1;
Acts 1941, 47th Leg., p. 176, ch. 128, Sec. 1.
Art. 2702-A. County-wide equalization districts in counties of
24,000 to 25,000 having valuation of $27,500,000
Taxing power
Section 1. All counties in this state having a population of not
more than twenty-five thousand (25,000), nor less than twenty-four
thousand (24,000), according to the last preceding Federal Census,
and containing a valuation of Twenty-seven Million Five Hundred
Thousand ($27,500,000.00) Dollars or more, are hereby created into
county-wide equalization school districts, and each such county
shall have the county unit system of education to the extent
specified in this Act and may exercise the taxing power conferred on
school districts by Article 7, Section 3 of the Constitution to the
extent hereinafter provided; but such taxing power shall not be
exercised until and unless authorized by a majority of the
qualified property tax-paying voters residing therein at an
election to be held for that purpose as hereinafter provided.
Management; rate of equalization tax
Sec. 2. The general management, supervision, and control of the
public schools and of the educational interests of such counties
shall be vested in the County Board of School Trustees, except as
otherwise provided by law, and said Board shall perform such duties
as are or may be required of it by existing law and by the provisions
of this Act and shall constitute the Board of Trustees for such
county-wide equalization district. Any such county-wide school
equalization district may levy and collect annually on all taxable
property in the county an equalization tax not to exceed
Twenty-five (25) Cents on the One Hundred ($100.00) Dollars
valuation of property situated in said county, and the money
derived from said tax shall be known as an equalization fund for the
support of the public schools of the county, which funds shall be
distributed to the school districts of the county as provided
herein.
Election
Sec. 3. On the petition of as many as one hundred (100) legally
qualified taxpaying voters of any county, subject to the provisions
of this Act, praying for the authority to levy and collect said tax,
the County Judge shall immediately order an election to be held
throughout the county, said election to be held not more than thirty
(30) days, nor less than twenty (20), from the date of such order.
The County Judge shall give notice of such election by causing to be
published a copy of the order of the election in some newspaper,
published in the county once each week for three (3) consecutive
weeks prior to the date of such election, the date of the first
publication to be not less than twenty (20) days prior to the date
fixed by the election. Only legally qualified property taxpaying
voters who own property in the county and who have duly rendered the
same for taxation shall be allowed to vote in said election. The
form of ballot shall be substantially as follows:
"For the county-wide equalization tax."
"Against the county-wide equalization tax."
The manner of holding said election shall be governed by the General
Laws of the State of Texas regulating elections and shall be held at
the regular polling places within the county with duly appointed
election officers holding said election. The officers holding the
election shall make returns thereof to the County Judge within ten
(10) days after the same was held.
The Commissioners Court shall at its next regular meeting canvass
the returns of said election, and if a majority of the votes cast
shall favor such tax, the Court shall declare the result and certify
the same to the County Board of School Trustees and to the County
Tax Assessor and Collector, and said Board of County School
Trustees shall thereupon be authorized to levy said tax and the
County Tax Assessor and Collector shall be authorized to assess and
collect same. No election to revoke said tax shall be ordered until
the expiration of five years (5) from the date of the election at
which said tax was adopted.
Assessment and collection; reports
Sec. 4. In counties voting such equalization tax the County Tax
Assessor shall assess all the taxable property in the county at the
same rate of valuation as it is assessed for state and county
purposes, and the County Tax Collector shall collect said tax at the
same time and in the same manner as state and county taxes are
collected. The Tax Collector shall have the same authority and the
same laws shall apply in the collection of said tax as in the
collection of county ad valorem taxes. He shall, on or before the
10th of each month, make a report to the County Board of School
Trustees and to the County Superintendent of Schools showing all
moneys collected by him during the last month by said tax. The
officers assessing and collecting said equalization tax shall
receive therefor the same compensation as is paid for assessing and
collecting school taxes in common school districts.
Treasurer; deposits
Sec. 5. The County Superintendent shall be the Treasurer of the
county-wide equalization district and shall keep an accurate record
of all moneys received and paid out by such county-wide
equalization district. The county depository shall be the
depository for the county-wide equalization district and such
depository shall enter into a bond of a like condition and amount as
is prescribed by law for depositories of county funds. The Tax
Collector shall on or before the 10th of each month deposit all
moneys collected by him during the preceding month by said school
equalization tax in the depository to the credit of the county-wide
school equalization fund.
Distribution of money collected
Sec. 6. The County Board of School Trustees shall distribute the
money collected from any taxes levied by said ditrict to the common
and independent school districts of the county on the same basis
that the state per capita apportionment is distributed among said
common and independent school districts. The County Board of
School Trustees shall issue warrants to be signed by the President
of said Board, attested by the Secretary thereof, against such
equalization fund to the School District Trustees on a per capita
basis as is provided herein; provided, however, that the County
Board shall from time to time, as the money is collected, issue
warrants to the various school districts in proportion to the
amount that each is entitled to receive on such per capita basis as
provided herein.
Powers and duties of trustees
Sec. 7. This Act shall not have the effect of changing any duties
imposed on or powers conferred on the Trustees of any common or
independent school district situated in the counties covered by
this Act unless and except as expressly provided herein; it being
the intention of this law that respective Boards of Trustees shall
continue to administer their lawful duties and powers as now
authorized by law, but the equalization tax authorized shall be
levied by the County Board of School Trustees, and assessed and
collected by the County Tax Assessor and Collector, and distributed
to the respective districts by the County Board of School Trustees.
Partial invalidity; repeal
Sec. 8. In the event any clause, sentence, paragraph, section, or
part of this Act shall be held unconstitutional or void, then and in
that event it is hereby declared to be the legislative intent that
all other clauses, sentences, paragraphs, sections, and parts of
this Act shall have full effect according to their purport and
intent. All laws or parts of laws, both General and Special, in
conflict with this Act, are hereby repealed insofar and only
insofar as they conflict with the provisions of this Act in its
local application.
Acts 1947, 50th Leg., p. 617, ch. 331.
Art. 2740a. Supervision of schools in counties of more than 1100
square miles
County Board of Education
Section 1. The general management, supervision, and control of the
public free schools of counties with an area of more than eleven
hundred (1,100) square miles and a population of not less than
forty-two thousand (42,000) nor more than fifty-two thousand
(52,000) according to the last preceding Federal Census, shall be
vested in a County Board of Education. The County Board of
Education shall be composed of five members to be elected at the
regular school trustee election on the first Saturday in April of
each year, one of whom shall be elected from each of the
Commissioners' precincts and one from the county at large, by the
qualified voters of the common school districts and of the
independent school districts having five hundred (500) scholastics
or less. The member at large shall serve as president of the Board.
At the meeting following the first election the lengths of the terms
of office shall be determined by lot and one elected each year
thereafter for a term of five years. Any vacancy occurring on said
Board shall be filled by an election ordered by the County Judge.
Said election shall be governed by the general laws of this State
for elections.
Meetings
Sec. 2. Meetings: The County Board of Education of such counties
shall hold such meetings as are now provided by law and the rules
generally adopted by deliberative bodies for their government shall
be observed.
Payment
Sec. 3. Payment: The members of the County Board of Education shall
receive $5.00 per day for the time spent in attending meetings, to
be paid in the same manner and from the same funds as is now provided
by law; provided that they not be allowed pay for more than 20 days
in any one year.
Powers and duties
Sec. 4. Powers and Duties: The County Board of Education shall
appoint, subject to the provisions of this Act, as its executive
officer, a County Superintendent of Education, who shall also be
the secretary of the County Board of Education, and whose duties
shall be the same as are now specified by law and as otherwise
defined in this Act. The County Board of Education shall designate
the salary of the County Superintendent, subject to the provisions
of this Act. The County Board of Education shall appoint such
assistants, supervisors, and clerical help for the County
Superintendent as may be deemed necessary by this body, subject to
the provisions of this Act.
Professional supervision; meetings of teachers
Sec. 5. The County Board of Education may, upon the recommendation
of the County Superintendent, provide for the employment of such
professional supervision as may be deemed necessary, this to be in
lieu of the teachers' institute as now provided by law. The County
Superintendent shall be exempt after the passage of this Act from
such requirements as are now provided by law for the holding of
teachers' institute; and shall be empowered to provide for such
meetings of the teachers of the county as may be deemed necessary
and to require the attendance of all teachers upon such meetings.
Annual per capita apportionment; nomination of principals and
teachers
Sec. 6. In making the annual per capita apportioment to the schools,
the County Board of Education shall also make an annual allowance
out of the State and county available funds for the salary and
expenses of the County Superintendent and such assistants,
supervisors, and clerical help as he may have, and such expenses
shall be prorated to the schools subject to the supervision of said
Board; provided that in making this allowance for county
administration, the per capita assessment against the scholastics
of the districts subject to the supervision of the County Board of
Education shall not exceed $1.50, provided further that the salary
of the County Superintendent for the month of September shall not be
paid until he presents a receipt from the State Superintendent of
Public Instruction showing that he has made all reports required of
him.
The County Superintendent shall nominate the principals and
teachers for the various schools of the county, but this nomination
shall be subject to confirmation by the District Trustees. The
District Trustee shall have the power to refuse to confirm the
nomination of the County Superintendent, and when such confirmation
is refused, the County Superintendent shall nominate another
teacher for such school, provided however, that not more than three
such teachers shall be nominated for any one place under the
provisions of this Section. In the event the District Trustees
should refuse to confirm the nomination of the County
Superintendent as provided herein, the selection of the principal
or teachers shall be by joint action of the District Trustees and
the County Superintendent, in which case a majority vote shall
prevail.
Purchases and contracts
Sec. 7. The District Trustee shall make all purchases of equipment
and supplies for the various school districts and shall contract
for all buildings and improvements and repairs and all other
expenditures, but where the consideration involved is more than
$50.00 such contracts and purchases shall be approved by the County
Superintendent.
Equalization fund
Sec. 8. The County Board of Education shall at its August meeting
set aside such county available school funds as may have accrued
from investments of the permanent school funds and land leases and
shall supplement this with an amount not exceeding 5% of the State
available school funds apportioned to the county, to be used as an
equalization fund to be distributed by the County Board, under such
rules and regulations as may be adopted by the County Board,
provided that no district shall participate in this distribution
that does not levy a local tax for school purposes of at least 75
cents on each one hundred dollars property valuation of such
district.
Acts 1927, 40th Leg., 1st C.S., p. 246, ch. 89; Acts 1939, 46th
Leg., Spec.L., p. 693, Sec. 1.
Art. 2740b. County board of education and superintendent in certain
counties, powers and duties
County Board of Education in counties of 15,000 to 20,000
Section 1. The general management, supervision, and control of the
public free schools of counties with an area of nine hundred and
seventy-seven square miles and a population of not less than 15,000
nor more than 20,000 according to the last preceding Federal
census, shall be vested in the County Board of Education composed of
seven members elected by the qualified voters of the county and at
least one member shall reside in each Commissioners' precinct, and
shall be elected for a term of three years. At the first election on
the first Saturday in April, 1930, two shall be elected for one
year, two for two years, and three for three years and at the first
meeting they shall determine by lot who shall serve for one year,
two years and three years. All vacancies on said Board shall be
filled by the remaining members. The County Board of Education
shall be persons of progressive educational attainments, good moral
character, and executive ability. They shall have the powers and
duties as now provided by the General Laws of the State governing
County Boards in addition to those provided by this Act. All
candidates for County Boards of Education shall file an application
with the County Judge requesting their names to be placed on said
ballots for the election of County Boards of Education at least 15
days prior to said election. If no one makes application for name
on the ballot, then ten (10) qualified voters of the county may
petition the County Judge to place certain names on the ballots
provided this is done at least ten (10) days prior to said election.
The County Judge shall be required to furnish all election supplies
as now provided under the General Law.
The first members of the County Board of Education after this Act
shall become effective shall be as follows: B.G. Graham, J.F.
Parnell, M.K. Withers, R.F. Smith, and J.W. Langley who compose the
present Board. The County Board of Education as named in this Act,
before organizing and entering upon their official duties as such,
shall appoint two additional members who shall subscribe to the
official oath provided by the General Statutes of the State of
Texas. They shall continue in office until the first election
provided for in this Act or until their successors are elected or
appointed and qualified.
The members of the County Board of Education of the public schools
of any county affected by this Act shall receive $5.00 per day for
their services not to exceed twelve days per year in complying with
the duties imposed upon them by this Act, to be allowed by the
Commissioners' Court and paid out of the General Fund of the county,
and the expense of making maps and plats provided for by this Act
and all other expenses incident to carrying out its provisions
shall be similarly allowed and paid.
Rearrangement and resubdivision of territory; alteration
Sec. 2. It shall be the duty of the County Board of Education of the
public schools in every county in this State affected by this Act as
soon as may be after this Act shall take effect, to rearrange and
resubdivide all the territory of their respective counties into
such number of convenient school districts as it shall deem
advisable and designate them by number.
Such rearrangement and resubdivision shall be accomplished by
constituting such existing Independent School Districts as the
Board shall deem advisable, together with such territory adjacent
to such Independent School Districts as it may deem advisable to add
thereto, the new districts into which such county shall be
subdivided; and such existing Independent School Districts, so
enlarged shall continue to have and exercise all the powers and
duties now provided by Law and shall continue to be governed by
existing law and by this Act.
The words, "School District," as herein used, shall refer to Common
School Districts or to Independent School Districts, however
created.
The County Board of Education shall have the power, from time to
time, to alter or amend the rearrangement and the resubdivision of
school districts herein provided for, and in amending or altering
same may increase or reduce the area of any school district; create
additional school districts; consolidate two or more adjacent
districts; revise or rearrange the boundaries of any school
district; attach territory thereto or detach territory therefrom,
if necessary for the best interest of the school children, provided
that the territory of no Independent School District shall be
changed without the consent of its Board of Trustees, and provided
further that said Board shall not subtract from the territory of any
school district in such way as to leave any portion thereof
remaining in such district with insufficient taxable wealth to
raise revenue sufficient to pay interest and create a sinking fund
for outstanding bonds; and provided that no portion of the
territory of the county shall be left in a school district, after
such subdivision shall have been made, with insufficient taxable
wealth within such district with proper and convenient school
facilities, both in the elementary and high school grades.
Plan and map
Sec. 3. Before undertaking to create, revise or rearrange the
boundaries or to change the territory in any school district, the
County Board of Education shall cause a plan and a map to be made
showing the boundaries of all districts affected and of the new
districts, if any to be created, with the area, taxable wealth and
scholastic population of such districts so affected or to be
created, and before such action is taken, all interested persons
shall be given an opportunity to be heard.
Adjustment of indebtedness and properties on division or
consolidation
Sec. 4. When the boundaries of any school district having an
outstanding bonded indebtedness have been changed or its territory
divided or two or more such districts consolidated, it shall be the
duty of the County Board of Education to make such an adjustment of
such indebtedness and district properties between the districts
affected and between the territory divided, detached or added, as
may be just and equitable, taking into consideration the value of
the school properties and the taxable wealth of the districts
affected and the territory so divided, detached or added, as the
case may be. And when said Board has arrived at a satisfactory
basis of such an adjustment, it shall have the power to make such
orders in relation thereto as shall be conclusive and binding upon
the districts and the territory thereby affected.
Refunding bonds; election; tax to pay bonds
Sec. 5. To carry into effect orders adjusting bonded indebtedness
when changes are made in school districts, the County Board of
Education shall have the power to order the trustees of the
districts affected, to order an election for the issuing of such
refunding bonds as may be necessary to carry out the purpose of such
order; and, in such case it shall be the duty of the district
trustees to order such election, cause the same to be held, and if
the proposition is carried, to issue the bonds voted. Such bonds
shall be of the same denomination and carry the same interest rate
and mature at the same time as the outstanding bonds owing by the
district issuing them, and when so issued, shall, if possible be
exchanged for the outstanding bonds for which the district issuing
them shall still be liable, according to the order adjusting such
indebtedness; and in cases where such an exchange can not be made,
the new bonds of the district, to the amount of the old bonds for
which it is still liable, and for which no exchange can be made,
shall be deposited in the County Treasury to the account of such
district. Thereafter taxes shall be levied and assessed only for
the payment of the interest, sinking fund and principal of the new
bonds so issued; and the funds arising from such taxation shall be
used to discharge the principal and interest of such new bonds as
have been issued and exchanged, and such old bonds as have not been
exchanged and the proceeds applied to payment on old bonds not
exchanged, the corresponding new bonds in the County Treasury shall
be credited with such payment and retired as the old unexchanged
bonds are retired.
Procedure where refunding bonds are voted down
Sec. 6. In cases where changes are made in districts having
outstanding bonded indebtedness and where the necessary refunding
bonds are voted down or where the County Board of Education is
otherwise unable to arrange an adjustment or settlement of such
bonded indebtedness, it shall be the duty of the trustee to certify
the fact and the territories affected by such changes, to the
Commissioners' Court and thereupon it shall become the duty of the
Commissioners' Court to thereafter annually levy and cause to be
assessed and collected from the taxpayers of such districts as
existed before the changes were made, and tax necessary to pay the
interest, the sinking fund and discharge the principal of such
indebtedness as it matures. And it shall be the duty of each
Independent School District so affected, to cause all funds in its
hands, whether sinking funds or otherwise, which have been
collected on account of such bonded indebtedness, to be transferred
to the County Treasurer of the county in which such district is
situated and such district shall thereafter cease to levy and
collect any tax on account of such bonds; and it shall be the duty
of the County Treasurer to keep the funds so transferred and those
arising from taxation, in separate accounts and apply the same only
to the discharge of such bonded indebtedness and the interest
thereon, as the same matures.
Other methods of settling outstanding bonded indebtedness
Sec. 7. Nothing in the provisions of this Act shall prevent the
County Board of Education from arranging any other method for the
adjustment and settlement of outstanding bonded indebtedness of
school districts in which changes are made, but they shall have full
power and authority to make any legal and equitable adjustment and
settlement in such cases that can be affected.
Condemnation proceedings
Sec. 8. Said County Board of Education shall have the power to
condemn land for free school purposes and may institute, maintain
and prosecute suits for that purpose following the procedure
applicable to condemnation of lands by railways or any other method
authorized by law.
Transportation
Sec. 9. It shall be the duty of any school district into which the
county shall be subdivided under this Act to provide adequate and
convenient means of transportation to and from the schools of such
school children in any district as it may be reasonably necessary to
make such provision for, and to establish such routes for that
purpose as the Board of Trustees of such district may deem advisable
and to alter and change the same from time to time and the expense of
such transportation shall be paid by the district in which such
children may reside.
Appeal
Sec. 10. In all cases where changes have been made in the territory
of existing school districts, any party aggrieved shall have the
right to appeal to a District Court of the county in which such
school district is located and the decision of such Court on such
appeal shall be final; provided notice of such appeal is given to
the County Board of Education within ten (10) days after the passage
of any such order making such changes; and provided further that
such appeal to the District Court shall be perfected within thirty
(30) days from date of such order.
County Superintendent
Sec. 11. The County Board of Education shall appoint during the
month of May at a regular or called meeting by a majority vote
subject to the provisions of this Act, as its executive officer a
County Superintendent of Education for a term of not less than three
(3) years and not more than five (5) years and whose term shall
begin July 1st after the enactment of this Law and shall serve until
his successor is appointed and qualified. The County Board of
Education shall not appoint any person except the present incumbent
before the expiration of said incumbents' term of office as now
elected under the General Laws of this State. They shall not
appoint to the office of County Superintendent any person who has
not at least completed two years' work of a College or University
and who has not had at least four years teaching experience, or who
does not hold a High School or permanent certificate and shall be a
person of educational attainments and vision, good moral character,
and executive ability.
The County Superintendent appointed under the provisions of this
Act shall receive a salary of not less than $2,000.00 nor more than
$2,400.00 per annum. The compensation herein provided for shall be
paid in equal monthly payments upon the order of the County Board of
Education; provided that the salary for the month of September
shall not be paid until the County Superintendent presents a
receipt showing that he has made all reports to the State Department
of Education required of him; provided that whenever the General
Laws of this State shall provide an annual salary for said County
Superintendent in an amount greater than the salary as herein
provided, then and only in that event, the General Law as to said
salary will and shall control, otherwise the salary as herein fixed
shall be in full force and effect.
The County Board of Education shall make provisions for the
employment of a competent assistant for the County Superintendent,
who shall, in addition to his other duties, act as attendance
officer; and said Board is hereby authorized to fix the salary of
such assistant and pay the same out of the same funds from which the
salary of the County Superintendent is paid.
It shall be the duty of the County Board of Education during the
month of June of each year to make an assessment of $160.00 per
annum from each independent School District of said county and
shall make an assessment of not less than eighty (80) cents nor more
than one dollar and fifty cents ($1.50) per scholastic from each
Common School District for the salary of the County Superintendent,
assistant County Superintendent and for making the consolidated
census roll of the Common School Districts. It shall be the further
duty of the County Board of Education to apportion the county
available fund on a per capita basis as shown by the last scholastic
census to all Common and Independent Districts of the county.
Expenses of County Superintendent
Sec. 12. It shall be the duty of the Commissioners' Court as soon as
this Act shall become effective, on a written order of the County
Board of Education, to pay from the general fund of the county to
the County Superintendent not less than $600.00 nor more than
$800.00 per annum in equal monthly payments for stamps, stationery,
express, printing and all other expenses incidental and necessary
in the administration of his office. The County Board of Education
shall have the authority to fix the amount to be paid for the
expenses of the County Superintendent as provided for in this Act
and shall notify the Commissioners' Court of the amount to be paid
not later than August 1st of each year.
Joint meetings
Sec. 13. The County Board of Education shall call an annual joint
meeting of the County Board of Education and the Common and
Independent District School Trustees at the County Seat or some
other convenient place during the month of May of each year, said
meeting to be presided over by the chairman of the County Board of
Education for the purpose of classifying the schools, and to
discuss and make provisions for the location, conduct, maintenance
and discipline of schools, and other matters of interest for a
constructive school program. The County Superintendent, as
secretary of the County Board of Education, shall be required to
keep a complete record of all transactions of this meeting on the
Minutes of said County Board of Education.
Principals and teachers
Sec. 14. The County Board of Education shall appoint, upon the
written recommendation of the County Superintendent all principals
and teachers in the county except those of independent districts,
but this nomination shall be subject to the confirmation by the
district trustees. The district trustees shall have the power to
refuse to confirm the nomination of the County Superintendent, and
when such confirmation is refused the County Superintendent shall
nominate another teacher for such school, provided, however, that
not more than two such teachers shall be nominated for any one place
under provisions of this Section. If the two nominations are not
accepted, then the nominations shall be made by joint action of the
district trustees of the County Board of Education, in which case a
majority vote shall prevail. All applications for principals and
teachers must be filed with the County Superintendent as provided
for in this Section.
Equipment and supplies
Sec. 15. The County Superintendent shall make all purchases of
equipment and supplies for the various Common School Districts
where the consideration involves more than $25.00.
Acts 1929, 41st Leg., p. 641, ch. 289.
Art. 2740c. Exemption of independent districts from county
supervision
That from and after the passage of this Act all Independent School
Districts in this State located in counties having a population of
not less than 8,955 and not more than 8,960, according to the United
States Census of 1910, shall be exempt from county supervision and
from all assessments for county administration and be subject only
to the supervising authority of the State Department of Education
and the State Board of Education as prescribed by General Law in
the administration of public schools in this State.
Acts 1929, 41st Leg., p. 663, ch. 295, Sec. 1.
Art. 2740d. County Board of Education in certain counties
Membership; term
Section 1. The general management, supervision and control of the
public free schools of counties with a population of not less than
eighty thousand (80,000) and not more than one hundred thirty
thousand (130,000) according to the latest Federal Census, shall be
vested in a County Board of Education. The County Board of
Education shall be composed of seven (7) members to be elected at
the District School Trustee Election on the 1st Saturday in April,
one of whom shall be elected by the qualified voters from each
Commissioner's Precinct, and three (3) from the county at large, by
the qualified voters of the county. All of said members shall serve
for a term of three (3) years; provided that in those counties not
now having seven (7) trustees, the present County Board shall
appoint two (2) trustees at large to serve for a period of three (3)
years. The two (2) members who were elected on the 1st Saturday in
April, 1930, shall serve until April 30, 1933, or until their
successors are elected and qualified. On the 1st Saturday in April,
1931, at the District School Trustee Election five (5) County
School Trustees shall be elected, two (2) from the Commissioner's
Precinct whose terms expire in 1931 to serve until April 30, 1932,
or until their successors are elected and qualified, and three (3)
from the county at large, to serve for a period of three (3) years.
Annually hereafter on the 1st Saturday in April either two (2)
trustees or three (3) trustees, shall be elected for a term of three
(3) years.
Organization
Sec. 2. The County Board of Education of such counties shall, at
their first meeting in May of each year organize by electing one
member of the Board as president, and one as vice-president to
preside in the absence of the president; and they shall hold such
other meetings as are not provided by law and the rules and methods
of procedure generally adopted by deliberative bodies for their
government shall be observed. Five members present at any meeting
shall constitute a quorum to do business.
Qualification
Sec. 3. The County Board of Trustees shall be composed of persons of
good moral character, high ideals of citizenship, and who are
interested in public education. No person connected with the
public schools of any district in such county either as an official
or as an employee shall be eligible to serve on said County Board of
Trustees.
Vacancies
Sec. 4. All vacancies arising from death, resignation, or removal
from the county shall be filled by the other members of the Board of
Education, and such an appointee shall fill out the unexpired term.
Payment
Sec. 5. The members of the County Board of Education shall receive
$5.00 per day for the time spent in attending meetings, to be paid
in the same manner and from the same funds as is now provided by law;
provided that they may not be allowed pay for more than 20 days in
any one year.
County Superintendent
Sec. 6. The County Superintendents of the counties now affected by
this Bill shall serve the term for which they have been elected.
Ninety days prior to the term of expiration of the County
Superintendent, the County Board of Education shall, at a meeting,
appoint his successor, who shall serve at the pleasure of said
Board, provided no such appointment shall be made unless at an
election to be held on the first Saturday in April, 1930, the
qualified voters shall so impower and authorize the County Board to
choose the County Superintendent; if otherwise, then the County
Superintendent shall continue to be an elective officer as now
provided by the General Laws of Texas. It shall be the duty of the
County Judge to give public notice of the submission of the
proposition of the employment of the County Superintendent; and
provision shall be made for the submission of the proposition on the
official ballot for county school trustees. The question shall be
submitted on the ballot in the following form:
"For the employment of the County Superintendent of schools by the
County Board of Trustees"; and
"Against the employment of the County Superintendent of schools by
the County Board of Trustees."
The returns of the election on this question shall be made to the
County Judge, to be canvassed by the Commissioners' Court, and such
returns shall be duly canvassed and the results certified to the
County Board of Trustees within thirty days after the date of said
election. The County Superintendent shall be secretary of the
County Board. The County Board of Education shall designate the
salary of the County Superintendent of Education, subject to the
provisions of this Act, provided the salary shall not be less than
$3,600.00 and not more than $4,800.00. The County Board of
Education shall appoint such assistants and clerical help for the
County Superintendent as may be deemed necessary, subject to the
provisions of this Act.
Supervision in lieu of teachers' institute
Sec. 7. The County Board of Education may, upon the recommendation
of the County Superintendent, provide for the employment of such
professional supervision as may be deemed necessary, this to be in
lieu of the teachers' institute as now provided by law. The County
Superintendent shall be exempt after the passage of this Act from
such requirements as are now provided by law for the holding of
teachers' institute; and shall be empowered to provide for such
meetings of the teachers of the county as may be deemed necessary
and to require the attendance of all teachers upon such meetings.
School apportionment
Sec. 8. In making the annual per capita apportionment to the
schools, the County Board of Education shall also make an annual
allowance out of the State and County Available Funds for the salary
and expense of the County Superintendent and such assistants,
supervisors and clerical help as he may have, and such expenses
shall be pro rated to all of the schools of the county; provided
that in making this allowance for county administration, the per
capita assessment against the scholastics of the districts shall
not exceed $1.50, provided further that the salary of the County
Superintendent for the month of September shall not be paid until he
presents a receipt from the State Superintendent of Public
Instruction showing that he has made all reports required of him.
The County Superintendent shall nominate the principals and
teachers for the various schools of the county under the
supervision of the County Boards of Education, but this nomination
shall be subject to confirmation by the district trustees. The
district trustees shall have the power and right to refuse to
confirm the nomination of the County Superintendent, and when such
confirmation is refused, the County Superintendent shall nominate
another teacher for such school, provided however, that not more
than three nominations of teachers for any one teaching position be
made under the provisions of this Section. In the event the
district trustee should refuse to confirm the nomination of the
County Superintendent as provided herein, the selection of the
principal or teachers shall be by joint action of the district
trustees and the County Superintendent in which case a majority
vote shall prevail.
Contracts and purchases
Sec. 9. The district trustees shall make all purchases of equipment
and supplies for the various school districts and shall contract
for all buildings and improvements and repairs and all other
expenditures, but where the consideration involved is more than
$100.00 such contracts and purchases shall be approved by the
County Superintendent. The County Board of Education may, if so
authorized in writing by the district trustees, purchase supplies
and equipment for all the school districts in wholesale lots, upon
requisitions made by the district trustees of the various schools.
Equalization fund
Sec. 10. The County Board of Education shall at its August meeting
set aside such County Available School Funds as may have accrued
from investments of the County Permanent School Funds and land
notes and leases, and shall supplement this with an amount not
exceeding 5% of the State Available School Funds apportioned to all
the schools of the county, to be used as an equalization fund to be
distributed by the County Board, under such rules and regulations
as may be adopted by the County Board, provided that no district
shall participate in this distribution that does not levy and
collect a local tax for school purposes of at least seventy-five
cents on each One Hundred Dollars property valuation of such
district.
Acts 1929, 41st Leg., 2nd C.S., p. 49, ch. 31; Acts 1931, 42nd Leg.,
p. 798, ch. 324, Sec. 1.
Art. 2740f-2. County unit system in counties of 5,600 to 5,750
Section 1. Any county in this State containing a population of not
less than five thousand, six hundred (5,600) nor more than five
thousand, seven hundred and fifty (5,750) according to the last
preceding Federal Census shall have a county unit system of
education to the extent specified in this Act, and for the purpose
of levying, assessing, and collecting a school equalization tax,
and for such other administrative functions as are herein set
forth; the territory of each of such counties may be created into a
county-wide school district in the manner hereinafter provided and
may exercise the taxing power as hereinafter provided. There shall
be exercised in and for the entire territory of each of such
counties, to the extent in this Act prescribed, the taxing power
conferred on school districts by Article 7, Section 3, of the
Constitution, but such taxing power shall not be exercised until
and unless authorized by a majority of the qualified property
taxpaying voters residing therein at an election to be held for that
purpose as hereinafter provided.
Sec. 2. On the petition of as many as one hundred (100) legally
qualified voters of any county coming under the provisions of this
Act praying for the formation of such county-wide school district,
the County Judge shall, within thirty (30) days, order an election
to be held throughout the county. The County Judge shall give
notice of the date of such election by publication of the order in
some newspaper published in the county for twenty (20) days prior to
the date of such election, and all legally qualified voters shall be
allowed to vote at said election. The form of ballot shall be
substantially as follows:
"For Equalization District"
"Against Equalization District"
The Commissioners Court shall at its next regular meeting canvass
the returns of said election, and if a majority of votes cast shall
favor the formation of such district, the Court shall declare the
result thereof and declare the county-wide school equalization
district duly and legally created and the provisions of this Act
duly adopted.
Sec. 3. The general management, supervision, and control of the
public schools and of the educational interests of each county
adopting the provisions of this law shall be vested in the County
Board of School Trustees, except as otherwise provided by law, and
said Board shall perform such duties as are or may be required of it
by existing law and by the provisions of this Act and shall
constitute the Board of Trustees for such county-wide district.
Any such county-wide school equalization district formed in the
manner hereinabove provided may levy and collect annually on all
taxable property in the county an equalization tax not to exceed
Twenty (20) Cents on the One Hundred Dollars ($100) valuation of
property situated in said county, and the money derived from such
tax shall be known as an equalization fund for the support of the
public schools of the county, which fund shall be distributed to the
school districts of the county as provided herein.
Sec. 4. On the petition of as many as one hundred (100) legally
qualified property taxpaying voters of any county which shall have
adopted the provisions of this Act, praying for the authority to
levy and collect said tax, the County Judge shall immediately order
an election to be held throughout the county, said election to be
held not more than thirty (30) days from the date of such order. The
County Judge shall give notice of such election by publication of
the order in some newspaper published in the county for twenty (20)
days prior to the date of such election. Only legally qualified
property taxpaying voters, who own property in the county and who
have duly rendered the same for taxation, shall be allowed to vote
in said election. The form of ballot is substantially as follows:
"For County Tax"
"Against County Tax"
The Commissioners Court shall, at its next regular or special
meeting, canvass the returns of said election, and if a majority of
the votes cast shall favor such tax, the Court shall declare the
results and certify same to the County Board of School Trustees and
to the County Tax Assessor and Collector, and said Board of County
School Trustees shall thereupon be authorized to levy said tax and
the County Tax Assessor and Collector shall be authorized to assess
and collect same. No election to revoke said tax shall be ordered
until the expiration of three (3) years from the date of the
election at which said tax was adopted.
Sec. 5. In the counties adopting the provisions of this law, the
County Tax Assessor shall assess all of the taxable property in the
county at the same rate of valuation as it is assessed for State and
county purposes, and the County Tax Collector shall collect said
tax at the same time and in the same manner as other State and county
taxes are collected. The Tax Collector shall deposit the money
collected from said tax in a separate fund to be known as the County
Equalization Fund for the support of the public schools of the
county. He shall have the same authority, and the same laws shall
apply in the collection of said tax as in the collection of county
ad valorem taxes. He shall, on or about the 10th of each month, make
a report to the County Board of School Trustees and to the County
Superintendent of schools, showing all moneys collected by him
during the last month by said tax, and shall each month place such
funds in the Equalization Fund. The County Superintendent shall
keep a record, both received and paid out, of all money from said
Fund. The officers assessing and collecting said equalization tax
shall receive therefor the same compensation as is paid for
assessing and collecting school taxes in common school districts;
however, no part of the moneys realized from said county-wide
maintenance tax shall be used to pay any present or future bond
issues or interest thereon, and the moneys received and held by
independent school districts shall be protected in accordance with
the existing depository laws. And the Tax Collector shall place to
the credit of the common school districts in such county such moneys
as are apportioned to them, which shall be protected as provided by
the existing depository laws.
Sec. 6. The Tax Collector, before entering upon the duties of his
office, shall enter into a bond, with two (2) or more good and
sufficient sureties, or surety bond, for the protection of said
Equalization Fund, said bond to be made payable to the County Board
of School Trustees, and to be made in a sum not less than double the
amount of money which he may have in his possession of said Fund at
any time. The amount of said bond shall be fixed by the County Board
of School Trustees. The County Board shall require a similar bond
of any and all other persons or corporations in whose possession
such Funds may be kept.
Sec. 7. The County Board of School Trustees shall distribute the
money collected from any taxes levied by said district to the common
and independent districts of the county on a per capita basis
according to the number of scholastic pupils shown by the last
preceding official scholastic census, and county-line districts
shall be eligible to receive such per capita apportionment based
upon the number of scholastic pupils residing in the county of such
equalization district, as shown by the lastest official scholastic
census of such district. The County Board of School Trustees shall
issue warrants against such Equalization Fund to the school
district trustees on a per capita basis of scholastic pupils in each
district; provided that the County Board may, from time to time, as
the money is collected, issue warrants to the various school
districts in proportion to the amount that each is entitled to
receive on such per capita basis of scholastic pupils in the
respective districts.
Sec. 8. The several independent school districts and common school
districts in such county shall continue to have authority to levy,
assess, and collect the maintenance taxes theretofore authorized by
the property taxpayers in said respective districts. This law
shall not affect the right and duty of said respective school
districts to levy, assess, and collect taxes within their
respective districts for the payment of principal and interest on
bonded indebtedness of such districts. The respective districts
shall continue to levy, assess, and collect taxes sufficient to pay
principal of, and interest on their bonds. Provided, however, that
nothing in this Act shall prevent the proper authorities from
collecting and enforcing for the benefit of the respective
districts, any maintenance taxes levied before this law becomes
effective.
Sec. 9. This Act shall not have the effect of changing any duties
imposed on or powers conferred on the trustees of any common or
independent school districts situated in the counties covered by
this Act, unless and except as expressly provided herein, it being
the intention of this law that said respective Boards of Trustees
shall continue to administer their lawful duties and powers as now
authorized by law, but the equalization tax authorized shall be
levied by the County Board of School Trustees and assessed and
collected by the County Tax Assessor and Collector.
Sec. 10. In case any clause, sentence, paragraph, section, or part
of this Act shall be held unconstitutional or void, then, and in
that event, it shall not affect any other clause, sentence,
paragraph, section, or part of this Act. All laws, or parts of
laws, both general and special, in conflict with this Act are hereby
repealed.
Acts 1937, 45th Leg., p. 315, ch. 163.
Art. 2740f-3. County unit system in counties of 7,500 to 7,590
Section 1. Any county in this State containing a population of not
less then seven thousand, five hundred (7,500) nor more than seven
thousand, five hundred and ninety (7,590) according to the last
preceding Federal Census, or any future Federal Census, shall have
a county unit system of education to the extent specified in this
Act, and for the purpose of levying, assessing, and collecting a
school equalization tax, and for such other administrative
functions as are herein set forth; the territory of each of such
counties may be created into a county-wide school district in the
manner hereinafter provided and may exercise the taxing power as
hereinafter provided. There shall be exercised in and for the
entire territory of each of such counties, to the extent in this Act
prescribed, the taxing power conferred on school districts, by
Article 7, Section 3 of the Constitution, but such taxing power
shall not be exercised until and unless authorized by a majority of
the qualified property taxpaying voters residing therein at an
election to be held for that purpose as hereinafter provided.
Sec. 2. On the petition of as many as one hundred (100) legally
qualified voters of any county coming under the provisions of this
Act praying for the formation of such county-wide school district,
the County Judge shall, within thirty (30) days, order an election
to be held throughout the county. The County Judge shall give
notice of the date of such election by publication of the order in
some newspaper published in the county for twenty (20) days prior to
the date of such election, and all legally qualified voters shall be
allowed to vote at said election. The form of ballot shall be
substantially as follows:
"For Equalization District."
"Against Equalization District."
The Commissioners Court shall at its next regular meeting canvass
the returns of said election, and if a majority of votes cast shall
favor the formation of such district, the Court shall declare the
result thereof and declare the county-wide school equalization
district duly and legally created and the provisions of this Act
duly adopted.
Sec. 3. The general management, supervision, and control of the
public schools and of the educational interests of each county
adopting the provisions of this law shall be vested in the County
Board of School Trustees for such county-wide district. Any such
county-wide school equalization district formed in the manner
hereinabove provided may levy and collect annually on all taxable
property in the county an equalization tax not to exceed twenty (20)
cents on the one hundred dollars valuation of property situated in
said county and the money derived from such tax shall be known as an
Equalization Fund for the support of the public schools of the
county, which Fund shall be distributed to the school districts of
the county as provided herein.
Sec. 4. On the petition of as many as one hundred (100) legally
qualified property taxpaying voters of any county which shall have
adopted the provisions of this Act, praying for the authority to
levy and collect said tax, the County Judge shall immediately order
an election to be held throughout the county, said election to be
held not more than thirty (30) days from the date of such order. The
County Judge shall give notice of such election by publication of
the order in some newspaper published in the county for twenty (20)
days prior to the date of such election. Only legally qualified
property taxpaying voters, who own property in the county and who
have duly rendered the same for taxation, shall be allowed to vote
in said election. The form of ballot is substantially as follows:
"For County Tax."
"Against County Tax."
The Commissioners Court shall, at its next regular or special
meeting, canvass the returns of said election, and if a majority of
the votes cast shall favor such tax, the Court shall declare the
results and certify same to the County Board of School Trustees and
the County Tax Assessor and Collector shall be authorized to assess
and collect same. No election to revoke said tax shall be ordered
until the expiration of three (3) years from the date of the
election at which said tax was adopted.
Sec. 5. In the counties adopting the provisions of this law, the
County Tax Assessor shall assess all of the taxable property in the
county at the same rate of valuation as it is assessed for State and
county purposes, and the County Tax Collector shall collect said
tax at the same time and in the same manner as other State and county
taxes are collected. The Tax Collector shall deposit the money
collected from said tax in a separate fund to be known as the County
Equalization Fund for the support of the public schools of the
county. He shall have the same authority, and the same laws shall
apply in the collection of said tax as in the collection of county
ad valorem taxes. He shall, on or about the 10th of each month, make
a report to the County Board of School Trustees and to the County
Superintendent of Schools, showing all moneys collected by him
during the last month by said tax, and shall each month place such
funds in the Equalization Fund. The County Superintendent shall
keep a record, both received and paid out, of all moneys from said
Fund. The officers assessing and collecting said equalization tax
shall receive therefor the same compensation as is paid for
assessing and collecting school taxes in common school districts;
however, no part of the moneys realized from said county-wide
maintenance tax shall be used to pay any present or future bond
issues or interest thereon, and the moneys received and held by
independent school districts shall be protected in accordance with
the existing depository laws. And the Tax Collector shall place to
the credit of the common school districts in such county such moneys
as are apportioned to them, which shall be protected as provided by
the existing depository laws.
Sec. 6. The Tax Collector, before entering upon the duties of his
office, shall enter into a bond, with two (2) or more good and
sufficient sureties, or surety bond, for the protection of said
Equalization Fund, said bond to be made payable to the County Board
of School Trustees. The County Board shall require a similar bond
of any and all other persons or corporations in whose possession
such funds may be kept.
Sec. 7. The County Board of School Trustees shall distribute the
money collected from any taxes levied by said district to the common
and independent districts of the county on a per capita basis
according to the number of scholastic pupils shown by the last
preceding official scholastic census, and county line districts
shall be eligible to receive such per capita apportionment based
upon the number of scholastic pupils residing in the county of such
equalization district, as shown by the latest official scholastic
census of such district. The County Board of School Trustees shall
issue warrants against such Equalization Fund to the school
district trustees on a per capita basis of scholastic pupils in each
district; provided that the County Board may, from time to time, as
the money is collected, issue warrants to the various school
districts in proportion to the amount that each is entitled to
receive on such per capita basis of scholastic pupils in the
respective districts.
Sec. 8. The several independent school districts and common school
districts in such county shall continue to have authority to levy,
assess, and collect the maintenance taxes theretofore authorized by
the property taxpayers in said respective districts. This law
shall not affect the right and duty of said respective school
districts to levy, assess, and collect taxes within their
respective districts for the payment of principal and interest on
bonded indebtedness of such districts. The respective districts
shall continue to levy, assess, and collect taxes sufficient to pay
principal of and interest on their bonds. Provided, however, that
nothing in this Act shall prevent the proper authorities from
collecting and enforcing, for the benefit of the respective
districts, any maintenance taxes levied before this law becomes
effective.
Sec. 9. This Act shall not have the effect of changing any duties
imposed on or powers conferred on the trustees of any common or
independent school districts situated in the counties covered by
this Act, unless and except as expressly provided herein, it being
the intention of this law that said respective Boards of Trustees
shall continue to administer their lawful duties and powers as now
authorized by law, but the equalization tax authorized shall be
levied by the County Board of School Trustees and assessed and
collected by the County Tax Assessor and Collector.
Sec. 10. In case any clause, sentence, paragraph, section, or part
of this Act shall be held unconstitutional or void, then, and in
that event, it shall not affect any other clause, sentence,
paragraph, or section of this Act. All laws or parts of laws, both
general and special, in conflict with this Act are hereby repealed.
Acts 1941, 47th Leg., p. 121, ch. 95.
Art. 2740f-4. County unit system in counties of 10,339 to 10,540;
powers and duties of Commissioners' Court
Section 1. This Act is applicable to counties with a population of
not less than ten thousand, three hundred and thirty-nine (10,339)
and not more than ten thousand, five hundred and forty (10,540),
according to the latest Federal Census. Any county coming within
the terms of this Act shall have a County Unit System of Education
to the extent specified in this Act. For the purpose of levying,
assessing, and collecting a school maintenance tax and for such
further administrative functions as are set forth herein, the
territory of each of such counties is hereby created into a school
district, hereinafter described as the county-wide district, the
taxing power to be exercised as hereinafter provided. There shall
be exercised in and for the entire territory of each of such
counties, to the extent in this Act prescribed, the taxing power
conferred on school districts by Article VII, Section 3 of the
Constitution, but such taxing power shall not be exercised until
and unless authorized by a majority of the qualified property
taxpaying voters residing therein at an election to be held for that
purpose as hereinafter provided. Whenever a petition is presented
to the County Judge of any such county, signed by at least one
hundred (100) qualified property taxpaying voters residing
therein, asking that an election be ordered for the purpose of
determining whether or not a maintenance tax shall be levied,
assessed, and collected on all taxable property within said county
for the maintenance of public schools therein, not exceeding
Twenty-five (25) Cents on the one hundred dollars of assessed
valuation of taxable property, it shall be the duty of the County
Judge, immediately, to order an election to be held within said
county to detemine said question. Notice of said election shall be
given by publishing a copy of the election order in a newspaper of
general circulation in said county once each week for at least two
(2) weeks, the date of the first publication to be not less than
twenty (20) days prior to the date fixed for holding said election.
Further notice shall be given by the posting of a copy of said
election notice within the boundaries of each independent and each
common school district, and one copy of said notice shall be posted
at the courthouse door. Said notice shall be posted at least twenty
(20) days prior to the date fixed for said election. Except as
otherwise provided herein, the manner of holding said election
shall be controlled by the General Election Laws of the State, and
only resident, qualified property taxpaying voters shall be
permitted to vote at said election. Said election shall be held at
the usual voting places in the several election precincts of such
county. Said election returns shall be made and delivered to the
County Judge and shall be canvassed by the Commissioners Court of
such county at its next regular or special meeting following said
election. A majority vote of those voting at said election shall be
sufficient to carry said election. The result of said election
shall be recorded in the Minutes of the Commissioners Court and
certified by the County Clerk and Ex Officio Clerk of the
Commissioners Court to the County Superintendent or Ex Officio
Superintendent of said county.
Sec. 2. In event said maintenance tax is adopted at such election,
after the result of the election has been certified to the County
Superintendent, he shall make a permanent record of such
certificate and shall send a certified copy of same to the State
Department of Education at Austin, Texas, for its information and
guidance.
Sec. 3. As soon as the Commissioners Court of such county has
determined the total of the assessed value of taxable property
according to the value fixed by the Board of Equalization, which
values shall be the same as those fixed for State and county
taxation purposes, subject thereafter to ordinary corrections, it
shall then perform the following duties:
(a) determine the estimated total receipts from the levying and
collecting of said Twenty-five (25) Cents tax on the property in the
county-wide district according to such valuation;
(b) to determine the estimated amount of money apportionable to
each scholastic on the basis of equal per capita distribution
according to the then current census of scholastics for the several
districts;
(c) to determine the estimated amount of such money available for
each common and independent school district according to such per
capita distribution;
(d) to cause the ex officio Clerk of such Court to communicate a
copy of the order fixing the estimated amount for each independent
school district to the president thereof and for each common school
district to the County Superintendent or ex officio County
Superintendent of such county.
Sec. 4. It shall be the duty of the Commissioners Court at the time
other taxes are levied in the county to levy a tax under this law of
Twenty-five (25) Cents on the one hundred dollars valuation in said
county for that year. Such taxes shall be assessed by the Tax
Assessor and collected by the Tax Collector as other taxes are
assessed and collected. The money collected from said Twenty-five
(25) Cents tax shall be distributed to the various school districts
in such county as follows:
All districts in the county shall receive the same amount of money
for each scholastic, for the maintenance of schools in such
district. No part of the moneys realized from said county-wide
maintenance tax shall be used to pay any present or future bond
issues or interest thereon. The Tax Collector shall, each month,
apportion to each district the pro rata part of the taxes collected
and dispose of same as hereinafter provided. The valuations fixed
by the County Board of Equalization for State and county taxation
purposes shall be used in computing said taxes and in levying and
collecting the same. The budget officer of each school district in
said county as provided by Statute, and the trustees of each of said
districts, after receiving the notice of the estimate of the
Commissioners Court as herein provided for, and the notice of the
State apportionment of public school funds to said district, shall
proceed to make and approve the budget for their respective
districts as provided by Acts 1931, Forty-second Legislature,
Regular Session, page 339, Chapter 206.
Sec. 5. As and when said taxes are collected by the Tax Collector of
the county, he shall make monthly settlements with the independent
school districts situated in such county, said moneys to be
received and held by said independent school districts and
protected in accordance with the existing depository laws. And the
Tax Collector shall place to the credit of the common school
districts in such county such moneys as are apportioned to them,
which shall be protected as provided by the existing depository
laws.
Sec. 6. The several independent school districts and common school
districts in such county shall continue to have authority to levy,
assess, and collect the maintenance taxes theretofore authorized by
the property taxpayers in said respective districts, subject to the
restrictions that after said county-wide maintenance tax election
has been carried and while said tax is in full force and operation,
said respective independent school districts and common school
districts shall not thereafter levy, assess, and collect any
special tax for maintenance of schools, except in instances wherein
the apportionment made by the Commissioners Court, together with
the apportionment made by the State of Texas, produces an amount
inadequate to meet the approved budget of such district, and in that
event, such tax shall be levied in an amount to meet such deficit,
due allowance to be made for delinquencies and for costs of
collection. This law shall not affect the right and duty of said
respective school districts to levy, assess, and collect taxes
within their respective districts for the payment of principal and
interest on bonded indebtedness of such districts. The respective
districts shall continue to levy, assess, and collect taxes
sufficient to pay principal of and interest on their bonds.
Provided however, that nothing in this Act shall prevent the proper
authorities from collecting and enforcing, for the benefit of the
respective districts, any maintenance taxes levied before this law
becomes effective.
Sec. 7. Until and unless said county-wide maintenance tax has been
authorized at an election held in such county, the duties and powers
of the Commissioners Court shall not be considered as having been
changed, altered, or enlarged by this Act.
Sec. 8. This Act shall not have the effect of changing any duties
imposed on or powers conferred on the trustees of school districts
situated in the counties covered by this Act, unless and except as
expressly provided herein, it being the intention of this law that
said respective Boards of Trustees shall continue to administer
their lawful duties and powers except as to the levying, assessing,
and collecting of maintenance taxes, and the powers and duties as to
levying, assessing, and collecting maintenance taxes shall remain
unaffected except as modified as provided herein.
Sec. 9. This Act shall be considered as cumulative of other laws
applicable to the counties affected, but in event any provision of
this law is inconsistent with any other applicable law, the
provisions of this Act shall prevail as to the counties affected.
All laws and parts of laws in conflict with the provisions of this
Act, in so far as they apply to the counties affected, are hereby
repealed.
Sec. 10. The Commissioners Court shall have advisory superivision
over the schools in the county to the extent that it shall be the
duty of the Court to render its advice on all administrative matters
submitted by the several Boards of Trustees.
Sec. 11. In event any section, paragraph, sentence, clause, or
phrase of this Act shall be held to be unconstitutional, such
holding shall not affect the other provisions of the Act no so
invalidated.
Acts 1941, 47th Leg., p. 400, ch. 233.
Art. 2740f-5. County unit system in counties of 27,000 to 30,000
Taxing power
Section 1. Any county in this state, having a population of not less
than twenty-seven thousand (27,000) and not more than thirty
thousand (30,000) according to the last preceding Federal Census
and having an assessed valuation for ad valorem tax purposes of not
less than Seventy Million ($70,000,000.00) Dollars according to the
tax rolls of said county for the preceding year, shall have a county
unit system of education to the extent specified in this Act, and
for the purpose of levying, assessing and collecting a school
equalization tax, and for such other administrative functions as
are herein set forth; the territory of each of such counties may be
created into a county-wide school district in the manner
hereinafter provided and may exercise the taxing power as
hereinafter provided. There shall be exercised in and for the
entire territory of each of such counties, to the extent in this Act
prescribed, the taxing power conferred on school districts by
Article 7, Section 3, of the constitution, but such taxing power
shall not be exercised until and unless authorized by a majority of
the qualified property taxpaying voters residing therein at an
election to be held for that purpose as hereinafter provided.
Election on adoption
Sec. 2. On the petition of as many as one hundred (100) legally
qualified voters of any county coming under the provisions of this
Act praying for the formation of such county-wide school district,
the County Judge, shall, within thirty (30) days, order an election
to be held throughout the county. The County Judge shall give
notice of the date of such election by publication of the order in
some newspaper published in the county for twenty (20) days prior to
the date of such election, and all legally qualified voters shall be
allowed to vote at said election. The form of ballot shall be
substantially as follows:
"For Equalization District"; or
"Against Equalization District".
The Commissioners Court shall at its next regular meeting canvass
the returns of said election, and if a majority of votes cast shall
favor the formation of such district, the court shall declare the
result thereof and declare the county-wide school equalization
district duly and legally created and the provisions of this Act
duly adopted.
Management; equalization tax
Sec. 3. The general management, supervision and control of the
public schools and of the educational interests of each county
adopting the provisions of this law shall be vested in the County
Board of School Trustees, except as otherwise provided by law, and
said Board shall perform such duties as are or may be required of it
by existing law and by the provisions of this Act and shall
constitute the Board of Trustees for such county-wide district.
Any such county-wide school equalization district formed in the
manner hereinabove provided may levy and collect annually on all
taxable property in the county an equalization tax not to exceed Ten
(10¢) cents on the One Hundred ($100.00) Dollars valuation of
property situated in said county, and the money derived from such
tax shall be known as an equalization fund for the support of the
public schools of the county, which fund shall be distributed to the
school districts of the county as provided herein.
Election on tax
Sec. 4. On the petition of as many as one hundred (100) legally
qualified property taxpaying voters of any county which shall have
adopted the provisions of this Act, praying for the authority to
levy and collect said tax, the County Judge shall immediately order
an election to be held throughout the county, said election to be
held not more than thirty (30) days from the date of such order. The
County Judge shall give notice of such election by publication of
the order in some newspaper published in the county for twenty (20)
days prior to the date of such election. Only legally qualified
property taxpaying voters, who own property in the county and who
have duly rendered the same for taxation, shall be allowed to vote
in said election. The form of ballot is substantially as follows:
"For County Tax;" or
"Against County Tax"
The Commissioners Court shall, at its next regular meeting, canvass
the returns of said election, and if a majority of the votes cast
shall favor such tax, the court shall declare the result and certify
same to the County Board of School Trustees and to the County Tax
Assessor and Collector, and said Board of County School Trustees
shall thereupon be authorized to levy said tax and the County Tax
Assessor and Collector shall be authorized to assess and collect
same. No election to revoke said tax shall be ordered until the
expiration of three (3) years from the date of the election at which
said tax was adopted.
Assessment and collection of tax
Sec. 5. In the counties adopting the provisions of this law, the
County Tax Assessor shall assess all of the taxable property in the
county at the same rate of valuation as it is assessed for state and
county purposes, and the County Tax Collector shall collect said
tax at the same time and in the same manner as other state and county
taxes are collected. The Tax Collector shall deposit the money
collected from said tax in a separate fund to be known as the County
Equalization Fund for the support of the public schools of the
county. He shall have the same authority, and the same laws shall
apply in the collection of said tax as in the collection of county
ad valorem taxes. He shall, on or about the 10th of each month, make
a report to the County Board of School Trustees and to the County
Superintendent of Schools, showing all moneys collected by him
during the last month by said tax, and shall each month place such
funds in the equalization fund. The County Superintendent shall
keep a record, both received and paid out, of all money from said
fund. The officers assessing and collecting said equalization tax
shall receive therefor the same compensation as is paid for
assessing and collecting school taxes in common school districts.
Bond
Sec. 6. The Tax Collector, before entering upon the duties of his
office, shall enter into a bond, with two (2) or more good and
sufficient sureties, or surety bond, for the protection of said
equalization fund, said bond to be made payable to the County Board
of School Trustees, and to be made in a sum not less than double the
amount of money which he may have in his possession of said fund at
any time. The amount of said bond shall be fixed by the County Board
of School Trustees. The County Board shall require a similar bond
of any and all other persons or corporations in whose possession
such funds may be kept.
Distribution of tax money
Sec. 7. The County Board of School Trustees shall distribute the
money collected from any taxes levied by said District under the
provisions of this Act to the common and independent districts of
the county according to the financial needs of said school
districts. The County Board of School Trustees shall determine the
needs of said respective school districts and allocate said funds
to said respective school districts so as to provide a salary of not
less than Two Thousand ($2,000.00) Dollars per year to any teacher
employed in any school within the county complying with the
provisions of this Act. If the funds received by any such school
district from the State Available School Fund, from the rural aid
funds provided by the state and from the local taxes received by
such school district, together with any funds received from any
other source, are insufficient to provide the minimum salary, it
shall be the duty of said County School Board to provide from the
funds derived by the tax levied under the provisions of this Act
sufficient funds to enable such school district to pay said minimum
salary. After said school trustees shall have provided for the said
minimum salary for all teachers employed in the public schools of
such county, it shall be their duty to allocate and distribute the
remaining funds provided by the tax to be levied under the
provisions of this Act in such manner as to them shall appear best
in assisting those schools that are in most need of said funds.
Trustees' duties and powers not affected; levy and collection of
tax
Sec. 8. This Act shall not have the effect of changing any duties
imposed on or powers conferred on the trustees of any common or
independent school districts situated in the counties covered by
this Act, unless and except as expressly provided herein; it being
the intention of this law that said respective Boards of Trustees
shall continue to administer their lawful duties and powers as now
authorized by law, but the equalization tax authorized shall be
levied by the County Board of School Trustees and assessed and
collected by the County Tax Assessor and Collector.
Partial invalidity; repeal of conflicting laws
Sec. 9. In case any clause, sentence, paragraph, section or part of
this Act shall be held unconstitutional or void, then, and in that
event, it shall not affect any other clause, sentence, paragraph,
section or part of this Act. All laws, or parts of laws, both
general and special, in conflict with this Act, are hereby
repealed.
Acts 1947, 50th Leg., p. 800, ch. 399.
Art. 2740g. County unit school system in counties having large
areas in reforestation
Taxing power
Section 1. Any county in this State wherein the United States
Government has acquired or shall hereafter acquire large tracts of
land containing one thousand (1,000) acres or more or wherein such
lands have been approved by the United States Government for
purchase for the purpose of reforestation and whose assessed
valuation of property is not less than Forty Million Dollars
($40,000,000), shall have a county unit system of education to the
extent specified in this Act, and for the purpose of levying,
assessing and collecting a school equalization tax, and for such
other administrative functions as are herein set forth; the
territory of each of such counties may be created into a county wide
school district in the manner hereinafter provided and may exercise
the taxing power as hereinafter provided. There shall be exercised
in and for the entire territory of each of such counties, to the
extent in this Act prescribed, the taxing power conferred on school
districts by Article 7, Section 3, of the Constitution, but such
taxing power shall not be exercised until and unless authorized by a
majority of the qualified property taxpaying voters residing
therein at an election to be held for that purpose as hereinafter
provided.
Petition, notice of election and ballot
Sec. 2. On the petition of as many as one hundred (100) legally
qualified voters of any county coming under the provisions of this
Act praying for the formation of such county wide school district,
the County Judge shall, within thirty (30) days, order an election
to be held throughout the county. The County Judge shall give
notice of the date of such election by publication of the order in
some newspaper published in the county for twenty (20) days prior to
the date of such election, and all legally qualified voters shall be
allowed to vote at said election. The form of ballot shall be
substantially as follows:
"For Equalization District"
"Against Equalization District"
The Commissioners Court shall at its next regular meeting canvass
the returns of said election, and if a majority of votes cast shall
favor the formation of such district, the Court shall declare the
result thereof and declare the county wide school equalization
district duly and legally created and the provisions of this Act
duly adopted.
Supervision by county board of trustees
Sec. 3. The general management, supervision and control of the
public schools and of the educational interests of each county
adopting the provisions of this law shall be vested in the county
board of school trustees, except as otherwise provided by law, and
said board shall perform such duties as are or may be required of it
by existing law and by the provisions of this Act and shall
constitute the board of trustees for such county wide district. Any
such county wide school equalization district formed in the manner
hereinabove provided may levy and collect annually on all taxable
property in the county an equalization tax not to exceed
twenty-five (25) cents on the One Hundred Dollars ($100) valuation
of property situated in said county, and the money derived from such
tax shall be known as an equalization fund for the support of the
public schools of the county, which fund shall be distributed to the
school districts of the county as provided herein.
Petition and election for tax
Sec. 4. On the petition of as many as one hundred (100) legally
qualified property taxpaying voters of any county which shall have
adopted the provisions of this Act, praying for the authority to
levy and collect said tax, the County Judge shall immediately order
an election to be held throughout the county, said election to be
held not more than thirty (30) days from the date of such order. The
County Judge shall give notice of such election by publication of
the order in some newspaper published in the county for twenty (20)
days prior to the date of such election. Only legally qualified
property taxpaying voters, who own property in the county and who
have duly rendered the same for taxation, shall be allowed to vote
in said election. The form of ballot is substantially as follows:
"For County Tax"
"Against County Tax"
The Commissioners Court shall, at its next regular meeting, canvass
the returns of said election, and if a majority of the votes cast
shall favor such tax, the Court shall declare the result and certify
same to the county board of school trustees and to the county tax
assessor and collector, and said board of county school trustees
shall thereupon be authorized to levy said tax and the county tax
assessor and collector shall be authorized to assess and collect
same. No election to revoke said tax shall be ordered until the
expiration of three (3) years from the date of the election at which
said tax was adopted.
Assessment and collection of tax, segregation as County
equalization fund
Sec. 5. In the counties adopting the provisions of this law, the
county tax assessor shall assess all of the taxable property in the
county at the same rate of valuation as it is assessed for State and
county purposes, and the county tax collector shall collect said
tax at the same time and in the same manner as other State and county
taxes are collected. The tax collector shall deposit the money
collected from said tax in a separate fund to be known as the County
Equalization Fund for the support of the public schools of the
county. He shall have the same authority, and the same laws shall
apply in the collection of said tax as in the collection of county
ad valorem taxes. He shall, on or about the tenth of each month,
make a report to the county board of school trustees and to the
county superintendent of schools, showing all moneys collected by
him during the last month by said tax, and shall each month place
such funds in the equalization fund. The county superintendent
shall keep a record, both received and paid out, of all money from
said fund. The officers assessing and collecting said equalization
tax shall receive therefor the same compensation as is paid for
assessing and collecting school taxes in common school districts.
Bond of tax collector
Sec. 6. The tax collector, before entering upon the duties of his
office, shall enter into a bond, with two (2) or more good and
sufficient sureties, or surety bond, for the protection of said
equalization fund, said bond to be made payable to the county board
of school trustees, and to be made in a sum not less than double the
amount of money which he may have in his possession of said fund at
any time. The amount of said bond shall be fixed by the county board
of school trustees. The county board shall require a similar bond
of any and all other persons or corporations in whose possession
such funds may be kept.
Distribution of taxes collected
Sec. 7. The county board of school trustees shall distribute the
money collected from any taxes levied by said district to the common
and independent districts of the county on a per capita basis
according to the number of scholastic pupils shown by the last
preceding official scholastic census, and county line districts
shall be eligible to receive such per capita apportionment based
upon the number of scholastic pupils residing in the county of such
equalization district, as shown by the latest official scholastic
census of such district. The county board of school trustees shall
issue warrants against such equalization fund to the school
district trustees on a per capita basis of scholastic pupils in each
district; provided that the county board may, from time to time, as
the money is collected, issue warrants to the various school
districts in proportion to the amount that each is entitled to
receive on such per capita basis of scholastic pupils in the
respective districts.
Operation and effect of Act
Sec. 8. This Act shall not have the effect of changing any duties
imposed on or powers conferred on the trustees of any common or
independent school districts situated in the counties covered by
this Act, unless and except as expressly provided herein, it being
the intention of this law that said respective boards of trustees
shall continue to administer their lawful duties and powers as now
authorized by law, but the equalization tax authorized shall be
levied by the county board of school trustees and assessed and
collected by the county tax assessor and collector.
Partial invalidity, repeals
Sec. 9. In case any clause, sentence, paragraph, section or part of
this Act shall be held unconstitutional or void, then, and in that
event, it shall not affect any other clause, sentence, paragraph,
section or part of this Act. All laws, or parts of laws, both
general and special, in conflict with this Act are hereby repealed.
Acts 1935, 44th Leg., p. 284, ch. 103.
Art. 2740h. Compensation of members of board of county school
trustees in counties of 8,470 to 8,480 population
In all counties having a total population of not more than thirty
thousand, nine hundred and twenty-five (30,925) and not less than
thirty thousand, nine hundred and fifteen (30,915), according to
the last preceding Federal Census, and at the same time in those
counties having a scholastic population of not more than eight
thousand, four hundred and eighty (8,480) and not less than eight
thousand, four hundred and seventy (8,470), according to the latest
scholastic census as contained in the Public School Directory of
the State Department of Education, the salary of a member of a
county board of school trustees shall be Five Dollars ($5) per day,
provided that not more than twelve (12) meetings shall be held in
any fiscal year for which reimbursement is paid.
Acts 1939, 46th Leg., Spec.L., p. 690, Sec. 1.
