Article VII, Section 3 of the Texas Constitution (discussion page)

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Texas Legal Guide (texaslegalguide.com) is currently under construction.

This page is available for comment and discussion regarding the page Article VII, Section 3 of the Texas Constitution.

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Trs. of Indep. Sch. Dist. of Cleburne v. Johnson County Democratic Exec. Comm., 52 S.W.2d 71, 72 (Tex. 1932) (recognizing that the management and control of school district property is vested in the board of trustees of such district)

Geffert v. Yorktown Indep. Sch. Dist., 290 S.W. 1083, 1084 (Tex. Comm'n App. 1927) (explaining that independent school districts have only those powers specifically given or implied as a necessary incident to those expressly conferred and that their powers must be exercised in strict conformity with the mandatory direction of the Legislature).

Citv of El Paso v. Carroll, 108 S.W.Zd 251, 257 (Tex. Civ. App. - El Paso 1937, writ ref'd)

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Citv of R ckd le v. Cure- 229 S.W. 852 (Tex. 1921)

State v. Brownson, 61 S.W. 114 (Tex. 1901)

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Absent an educational purpose in providing students transportation to the polling locations, a court would likely conclude that the transportation serves no public purpose of the school district and therefore violates article III, section 52(a) of the Texas Constitution.

https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2018/kp0177.pdf

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  • Texas Antiquities Comm. v. Dallas County Cmty. Coll. Dist., 554 S.W.2d 924, --- (Tex. 1977)

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This provision in connection with Article 7, Section 3, was construed by our Supreme Court to authorize the formation of school districts by special law without the local notice required· under Article 3, Section 57, by reason of which there have been created seven or eight hundred independent school districts by special law, 'vithout. local notice.

https://lrl.texas.gov/scanned/Housejournals/40/H_40_0.pdf page 267