CHAPTER 12. COUNTY UNIT SYSTEM

Statutes > Texas Statutes > VERNON'S CIVIL STATUTES > TITLE 49. EDUCATION--PUBLIC > CHAPTER 12. COUNTY UNIT SYSTEM

VERNON'S CIVIL STATUTES

TITLE 49. EDUCATION--PUBLIC

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