Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN June 12, 1939 Honorable T. M. tilmble First Assistant State Superintendent Austin, Texas Dear Sir: Opinion NO. o-776 Re: Ellglblllty of Rang School District.for In the transportatl Ye are ln.recelp wherein you' advise that th trlct Is more than nine ml been refused aid by the De that there are more than 3 clpatlon in the he Equalization Law. being Chapter 60 al Laws of Texas, 937, reads as fol- s which have an average of not u&red (200) scholastics of each et composing the consolidated and/or rural high school districts unit, and all dlstrlots composed of entire counties having a scholastla population of less than five thoussnd (5,000); provided that schools in sparsely settled counties may be exempt Prom the minimum restrictions of tventy (20) scholastics, as ---. Honorable T. M. Trimble, June 12, 1939, Page 2. hereinafter provided; provided thatln such cases th8 district applying for aid shsll b8 levying and collecting the limit of local tax support as provided by general lav. Sparsely settled COW&ies shall b8 defined as those having less than one thousand, four hundred (1,400) scholastic population In the common school districts. It Is expressly und&stood that the provisions and llmltatlons of this section and other sections In this Act do not apply to vocational aid, and aid for crippled chlld- ren; provided that the minimum and maximum scholastic limits herein provided shall not apply for trans- portation aid to any school district containing forty-elght (48) square miles of territory, or more, or vhioh is alne (9) miles or more In length; and provided further that the maximum limitations a8 to scholastio population herein set forth shall not apply for any type of aid to school districts containing forty-eight (48) square miles of terrl- tory or more, or vhlah Is nine (9) plile~s or more In length, proqided ther8 la not located In such a district an lncprporated city or town havl population of more than thirty-six hundred (3 Ta00) Inhabitants, according to the last preceding Federal Census." A oareful reading of the above section discloses that whether the district nov has less than 3600 Inhabitants or vhether the same had more than 3600 Inhabitants according to the last Federal Census has nothing vhatsoever to do with the question of the right of the district to participate In the transportation fund,provlded by Senate Bill No. 185 being Chapter 474 beginning at page 1259, General and Special Laws of Texas, 45th Leglslaturp, RegulerrSession, as amended by the aforesaid House Bill Ao. 133. Our answer to your question, therefore, Is that your letter states no fact vhlch vould deprive the Ranger Independent School District of its right to participate In the transportation fund. Yours very truly ATTORl'&WliERAL OF TEXAS