Untitled Texas Attorney General Opinion ( 1944 )

653
OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
AI~ORNCY GENERIL
Hon. John C. Marburcer
County At tnrney
Fayette County
La Grange, Texas
Dear Sir:
requesting the
opinion of this d iions stated therein,
reads, in part,
your opinion whether
ourt may legally pay
by the County Superin-
subjeot, I find that the
of Texas, Article 7, has made extan-
n8 for our ehoational system, Arti-
n 42 of the Texas Con&i t.utfon pro-
e legislature shall pass such laws
necessary to oarry into affect the
f this Constitution. Apparently the
office of County Superintendent is not a consti-
tutional office, but has bean created by the
1eSlslature by virtue of the above mentioned con-
stitutional provisions. In faot, Section 16,
of Article 7, provides that
‘The legislature shall fix by law the
terss of all offices of the Public Sohool
System ana of the State Institutions of
higher education, imlusi9s, and the terms
of members of the respective boards, not
to exceed six years’.
654
Hon. John C. Earburger, page 2
“Apparently, in pursuance of the above
mentioned constitutional provisions, the
legislature enacted Article 2688 R.C.S. which
creates the offioe of County Superintendent,
the tern of office, etc., and also provides
that:
*----and who ahall be provided by the
Commissioners* Court with an office in
the courthouse, and v:l.th neoessary office
furniture and fixtures ----*.
“It will be noted that Artlols 2688, R.C. S.
as amended was enaoted :n 1932, whereas the legis-
lature in 1935 enacted Article 3899 B. R.C.S. whlah
provided ln parts as follows:
*seotion 2. Suitable offioee and
stationery and blanks necessary in the
performanoe of their duties mag in the
disoretion of the Commissloners~ Court
slso be furnsshed to resident --- county
Superintendent --- and may be paid for
on order of the Commissioners* Court out
of the County Treasury. t
WI have not been able to find ang other statutes
on the above question, and thererore, sinoe Artiole
3899 B was passed subsequent to Artiola 2688, it is
my opinion that it would not be mandatory on the
Conrniasioners’ Court to furnish suitable offioes and
stationery and blanks necessary in the performance of
their duties, for the County Superintendent, but that
the Court, in its discretion, may furnish the 88810 If
they so desire. On the other hand, Article 3899 R does
not legislste on office *furniture and fixtures”,
and therefore Article 2688 Rawle C. S. would control,and
that it would be mandatory upon the Commissioners*
Court to furnish the “neoesaary offioe furniture and
fixtures” to the bounty Superintendent. In tirls oon-
nection , drtiole 2700 R.C.S. makes provision8 ror Lhe
necessary offioe and traveling expenses of the County
Super lnt ends&. This Article was apparently rassed as
amended, in 19I,3. In tills aonneotion it would be my
opinion that the Commissioners’ Court would not be
a~;~tnorized to pay any expenses of the County Superin-
tendent’s office not provided for in said Artioles
2688 and 3899 B R.C.S., but suoh 0rri00 expenses must
be provided for as set forth in said Article 2700 R.C.S.”
L
Hon. John C. Larburger, page 3
Art. 2688, Vernon’s Annotated Civil Statutes,
reads in part, as r0110wa:
WThe Co.mmissioners Court of every oounty
having Three Thousand (3,000) scholastic popula-
tion, or more, es shown by the preceding soholastio
census, sLal1 et a general election, provide ror
the election of a county superintendent to serve
for e term 0r four (I-) years, who shall be a person
of educational atteinments, good moral oharaoter,
qnd executive ability, and who shall be provided by
the Commissioners’ Court with an office in the
courth~,use, 2nd with necessary offioe furniture and
rixtures.. ..n
Section 2 of Article 3899B, V. A. C. Y., provides:
“Suitable offices and stationery and blanks
necessary in the performance of their duties may
under the disoretion of the Commissioners1 court
also be rurnished to resiaent i?istriat Judges,
resident IJistrict and County attorneys, County
Superintendents and County Surveyors, and may be
paid for on orders of ,t.he Commissioners* kurt out
or the County Treasury.”
Artiole 2688, and 3899B, V. A. C. S., authorize the
County Commissioners’ Court to provide tar certain needs of
the County School Superintendent. In determining the q,uestion
under consideration, it is our opinion that the roregoing
statutes must be considered and aonstrusd together.
In our Opinion No. O-1781, a copy of whloh has bean
rarwaraea to you, it is stated;
*Under Art. 2688, it is ma~ndatory upon the
Commissioners~ Court to furnish the’aounty Sohool
Superintendent with an offioe and with neoessary
office furniture and fixtures. It is aisoretion-
ary with the County Commissioners’ Court as to
whether or not it will provide suitable offices,
and stationery and blanks under Art. 3899B. con-
strui.nF, the two statutes together, it is our
opinion that the County Commissioners’ Court must
furnish the County School Superintendent vith a
suitable office and necessary offioe furniture and
equipment, but may use its discretion in the matter
of supplying stationery and blanks.”
I
656
Hon. John C. Marburger, page 4
Speoirloally answering the questions presented in
your inquiry, it is our opinion, that it is mandatory upon
the Comnissionersl Court to furnish the County Sohool Super-
intendent with an office, and if an office is not available
in the oourthouse, the Co.mmissioners~ Court must rurnish the
County Superintendent with an oiTioe and pay the rent for
such 0rri0e.
In view of what has bsen said in our Opinion No.
O-1781, a portion of whioh has heretofore been quoted, we
deem it unneoessary to discuss further the aatters presented
in your inquiry.
Yours very truly
ATTORNZYGXXXRAL OF TIXAS
Ardell Williams
Assistant.