Untitled Texas Attorney General Opinion ( 1947 )


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  •                                                                            R-94
    Oplp’ICE           OF
    TRE ATTORNEYGENE-
    TEXAS
    AUS'~PIN,
    UCE DANIEL
    rmlnlzv
    GENEW                            Feb.   25, 1947
    Hon. W. E. Lowry;, Executive   Director
    State Bo.ard of Vocational Education,
    P. .G. Drawer  BB, Uapitol Station
    Austin, Texas                       Opinion      No. V-51
    Re:   CountyBoard    of School
    Trustees,  authority of to
    sponsor and administer     a
    vosational  educational pro-
    gram in cooperation    with
    the State Board for Voca-
    tional Education and the
    Veterans’ Administration.
    Dear   Sir:
    :    ?
    We refer to your letter     of recent date wherein you request
    an opinion from this Department       on the following subject and ques-
    tfon, from.which’we  quote:
    “The State Board for Vocational     Education is now
    furnishing   supervision  on a State-wide   level to some
    186 county units of Vocational Schools set up and oper-
    ated by the County Sshool Boards      in these counties.
    These schools are for the returning servicemen        of
    World War II. They were established        on the presump-
    tion that the County School Boards have authority to
    operate them in compliance~ with the powers given
    these County School Boards in the Public School Laws
    of Texas,, Article   2683. Each of these county units
    operates multiple units within the county and, in al!
    cases, such operation has the assistance      and coopera-
    tion of the ,other school districts  within thencounty,
    “The State Board for Vocational      Education entered
    into this program   as a result of the State-wide     need
    for such a service,   and as a result of an opinion of the
    Attorney General’s     office written on ,the 13th of May,
    1946, and carrying   the serial number O-6867.       The pro-
    gram has prospered      and grown in size and in quality,
    and the enrollment    at present.   represents   some 10,000
    veterans.
    Y
    Opinion   N&y+1
    Hon. W. E. ,Lowry,           Page     3                                  Opinion      No. V-51
    Article    2683 provides         in part as follows:
    “The county school trustees        of each county shall.
    constitute a body corporate,        by the name of the County
    School’Trustees      of.              County, State of Texas,
    and-in that name may acquire and hold real and per-
    ,nonal property,     sue. and .be .sued, and may receive.be-
    quests.and     donations%r’othhi*monies         or funds coming.
    legally ~‘mtotheir hhads, a&may           perform    other acts,
    for the promotion of education in the county.            The title i
    to . . . any school property ,that may        be acquired,   shall
    vest fin tlie~‘kountykchool’trustees       and their succetisors
    in officefor,public      f&e shhool;purposes.*
    I !286  S.W.
    497
    , affirmed,in        17 .S...W1 (Zd) ,36.,1 ail,.:.          zI .: ,.,,,
    ‘2( 1         ., i( 1; . ~. ,.
    It is the, opinion:of thfs.&ffict .&at the’ &&Board                      of
    School Trustees         has,the diecretion.and           requisite.autho,rity      to spon-
    ‘sor and administer          the schools designed and contemplated                 for the
    vocational tducation:of          World W.ar.;Vettrans          under ,the ,g+anct         and
    directionof       the StateBoard       .of -Vocational Education            acting in assist-
    ince~d         cboperation:with!thelVttersns’:,Admiaist,~ation,                  which fit
    nanoes~thiseommendablt              +ducational.,plan.~ ;We.be,l.ieve that the ;ci
    sponsoring’and:‘admmistration                of :$his vocational     educational pro-: i.
    grani?ti within .tht leg~;discr.etionary~,powsrs                 :of :said,Clounty Boa+
    tif:S+oblTrusttes~;~         when.itt,is installed or ,orga&ed,              for this, lawful
    j ,dnd .xi+arthy    purpose; ‘: :,         .: ;: ,.,.:,~
    _,~,        /~.v_   i
    is    of School Trustees.‘.have        theltnal
    :,’ .discretionary.    aui&o.rity;to; ‘sponsor and,admidi&tr              ;schgols
    OrganiZtd by the State Board for Vocational’Education                     in    i
    cooperation with the Veterans’ Administration                   for the pur-
    ::,      poseof providing~-~ocational.e.ducstional           tr,aiping.for       World
    %WarI      veterans.li Arts, ,i$@$, 23.81 .and ,.<  2683
    ,.. *.Y,A&S.;
    ,, :,,         Art.
    -VII~Sec.,l.     Conrjitution!ptTexas.r,-       _, _~,.      ,~,.               ,’:
    .,.,>C~J~ ;,     .,‘``           :j,a, I.i~
    ‘..    :. d,,,,          I .;# jJ,.,
    ,:_y..:.-
    +; .~ I ., WY   trulr ycys * ‘: !
    

Document Info

Docket Number: V-51

Judges: Price Daniel

Filed Date: 7/2/1947

Precedential Status: Precedential

Modified Date: 2/18/2017