Untitled Texas Attorney General Opinion ( 1974 )

THE ATFORNEY GENERAL
-~, OF -XAS
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September 4. 1974
The Honorable Sam F. Baxter Opinion No. H- 391
Assistant Criminal District Attorney
Harrison County Re: May proceeds from sale
P.O. Box 776 of Permanent School Fund land
Marshall, Texas 75670 be paid back to a County to
create a vocational school.
Dear Mr. Baxter:
You ask:
May the Commissioners Court of Harrison County,
Texas sell 2, 260 acres of land owned by the Permanent
School Fund of Harrison County, Texas, such land
being situated in Runnels County, Texas, if the funds
received from said sale are paid over to each independent
school district in Harrison County proportionally accord-
ing to pupil enrollment.
May the independent school districts receiving said
funds pay back said funds to Harrison County to be used
in the creation of a County-wide vocational school.
Clear Constitutional and statutory power is given to the Commissioners
Count of each county to sell land belonging to the county Permanent School
Fund. Article 7, $6, Texas Constitution; $ 5 17. 81, 17. 82(b), Vernon’s Texas
Education Code. The express power to sell school land is coupled with
express restrictions on the use of the proceeds of the sale. The Commissioners
Court may invest the proceeds in certain designated bonds pursuant to
Article 7, § 6, of the Constitution and § 17. 82(b) of the Education Code. Or, the
Commissioners Court may distribute the proceeds of the sale pursuant to
Article 7, 5 6b of the Texas Constitution:
p. 1034
The Honorable Sam Baxter page 2 (H-391) _-
. . any county, acting through the commissioners
.
court, may reduce the county permanent school fund
of that county and may distribute the amount of the
reduction to the independent and common school
districts of the county on a per scholastic basis to
be used solely for the purpose of reducing bonded
indebtedness of those districts or for making permanent
improvements . . . .
The distribution must be made “on a per scholastic basis. ‘I Baaed
on two Texas Supreme Court decisions, Attorney General Opinion H-47(1973)
interpreted “on a per scholastic basis” to mean “on the basis of the number
of persons residing in the school district eligible by age for free aducation. ”
Consequently, distribution proportionally according to actual pupil enrollment
would not be the correct standard.
Article 7, $6b of the Constitution is the only vehicle allowing
distribution of the corpus of the county Permanent School Fund to the
school districts. The funds so distributed may be used by the districts
for reducing bonded indebtedness or for making permanent improvemente.
Distribution is premieed upon the restricted we of the funda. The pay-back
of said funds to the County would violate the constitutional duty of the echool
district board of trustees to use the funds solely to reduce bonded indebtedness
or to make permanent improvements. There may be ways in which the use
of such funds by the school districts for the constitutionally restricted purposes
could benefit vocational school programs, but the method suggested cannot be
utilized.
SUMMARY
The Commissioners Court may sell land
belonging to the Permanent School Fund and
distribute the proceeds to the common and
independent school districts of the county pro-
portionally according to the number of persons
p. 1835
____, -.-
‘ - A
The Honorable Sam F. Baxter page 3 (H-391)
residing in the districts who are eligible by age
for free public education. The school districts
may not pay back to the county funds received
pursuant to Article 7, $6b, Texas Constitution.
ery truly yours,
Attorney General of Texas
APPFRED:
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Aahistant
&Z DAVID M. ISENDALL, Chairman
Opinion Committee
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p. 1836