Untitled Texas Attorney General Opinion ( 1939 )

GEEAID C. MANN AUNTIN al. TXZKAR June 13, 1939 -N A’PTOWN~ e3dcNKHAL Honorable Pegton Burke County Auditor Falls County Marlin, Texas Dear Sir: Opinion No. O-943 Re: From what funds should payment for election supplies used in a county school trustee elec- tion be made? Your request for an opinion on the above-stated ques- tion has been received by this office. Article 2676 Revised Civil Statutes, reads as follows: "The general management and control of the public free schools and high schools in each county, unless otherwise roviaea by law shall be vested in five (5 P county school trustees elected from the county, one of whom shall be elected from the county at large by the qualLfied voters of the common and consolidated independent school districts of the county, and one from each Commissioners' Precinct by the qualified voters of each Com- mIssionersl Precinct, who shall hold office for a term of two years. The time for such election shall be the first Saturday in April of each year; the order for the election of county school trust,.easto be made by the county judge at least thirty days prior to the date of saia election, and such order shall designate one voting place for each common school dis- trict. The election officer appointed to hold the election for trustees in each common school district shall hold the, election at the same place thereIn for the county school trustees. Each year there shall be elected alternate1 two (2) county school trustees and three (3 7 county school trustees in each county. The State Superintendent shall prepare a proper form of the ballot to be used in such elec- tion and such other explanation of the laws Honorable Peyton Burke, June 13, 1939, page 2 o-943 as he deems necessary, ana transmit the same to the county judge of each county at least sixty days prior to the date of such election. All vacancies shall be filled by the remain- ing-trustees. All elections heretofore held in accordance with the foregoing provisions of this sectIon are hereby in all things vali- dated and all trustees 80 elected shall con- tinue to hold office until the expiration of the term for which they were originally elect- ea. "All laws and part8 of laws in conflict herewith shall be and the same are hereby re- pealed." Article 2746b, Revised Civil Statutes, provides as follows: "All expenses incurred in connection with or incidental to any school ai8triCt election in connection with the public school within 8UCh 8ChOOl district shall be paid out of the available maintenance fund belonging to such district for the fiscal year during which such election 1s held, or out of funds accruing to said ai8- trict for the next ensuing fiscal year; provided, however, that the payment of any such expense8 out of the funds accrued or to accrue to such school di8tirCt for the fi8Cal year after the gear in which such election is held shall be authorized by the county superintendent prior to the hold- ing of such election." YOU are respectfully adVi8ed that it 18 the Opinion of this department that the election supplies used in the election of county school trustee8 should be paid for out of the varLou8 available maintenance funds belonging to such ai8triCtS in which such election is held. Trusting that the foregoing answers your inquiry, we are . - Honorable Peyton Burke, June 13, 1939, page 3 o-943 Your8 very truly ATTORNEY GENERAL OF TEXAS By s/Ardell Willilzms Ardell Williams Assistant AX-MR-WC APPROVED: s/Gerald C. Mann ATTORNEY GENERAL OF TEXAS Approved Opinion Committee By s/GOB Chairman