Untitled Texas Attorney General Opinion ( 1942 )

Honorable B. T. Walters Opinion No. O-491 9
County Auditor Re: Does the Commissioners* Court
Smith County of Smith County have the authori-
Tyler, Texas ty to appropriate county funds to
pay election judges in common
school districts and independent
school dfstrtcta under the facts
Dear Sir: stated ?
Your letter of October 14, 1942, requesting the opinion of
this department on the above stated question reads in part as follows:
“After having been presqnted with a proper peti-
tion by the req,uired voters of the two districts, the Corn-
missioners’ Court o,f Smith County ordered an election
to be held in the Independent School Districts of Omen
and Troup. Said election to determine whether or not the
Omen District would be consolidated with the Troup dis-
trict. The election Judge of the Omen district has pre-
sented a bill to Smith County for his services and the ser-
vices of his two assistants. The consolidation move failed
to carry and it appears the school authorities of the Omen
district refused to pay the election expense. *
“Please advise relative to the authority of the Com-
missioners’ Court of Smith County to appropriate County
funds to pay Election judges in common school districts
and in independent school districts.
” ”
. . . .
Article 2806, Vernon’s Annotated Civil Statutes authorizes
the holding of elections for the purpose of consolidating contiguous com-
mon school districts, contiguous independent school districts and further
provides that common school districts may in like manner be consolidated
with contiguous independent school dis~trtcts.
Articles 2746, 2746a and 2746b, Vernon’s Annotated Civil Stat-
Honorable B. T. Walters, page 2 (o-4919)
utes regarding school district elections and expenses incurred in con-
nection therewith provide in effect that all expenses incurred in con-
nection with or incidental to any school district election in connection
with a public school within such school district shall be paid out of the
available maintenance fund belonging to such district or certain expenses
enumerated in Article 2746, supra, shall be paid out of the local funds of
the school district where the election was held.
Therefore, all election expenses incurred by school districts
must be paid out of the available maintenance fund belonging to the school
district or districts or the local funds of the school district or districts
where the election was held as authorized by said statutes
Specifically answering your question you are advised that it is
the opinion of this department that the Commissioners’ Court of Smith
County has no authority to appropriate County funds to pay election judges
in common school districts or independent school districts for any elec-
tion held in such district or districts.
Trusting that the foregoing fully answers your inquiry, we are
Yours very truly
ATTORNEYGENERALOFTEXA
BY /s/ Ardell Williams
Ardell Williams
Assistant
AW :mp:da
APPROVED OCT 20, 1942
/s/ Gerald C. Mann
ATTORNEY GENERAL OF TEXAS
APPROVED OPINION
COMMITTEE BY BWB
CHAIRMAN