Untitled Texas Attorney General Opinion

Honorable Melvin Combs
County Attorney
Jefferson County
Beaumont, Texas
Dear Sir: Opinion No. O-3426
Re: (a) Use of localmainlenance funds
to purchase materials for school
gynnusSiUm;
(b) Authority of common school
district to pledge maintenance
funds.
This is in response to your letter of April 1.6, 1941, reading as follows:
"T& Board of Trustees of Common School District No. 11, et
Sabine Pass, Texas, wants to build e new school gyamasium et
Sabine Pass. They intend to raze an old school building
and salvage some of the materiel to use in the new
gymuasium, and expect to receive a F&Y::!. grant to take care
of the l&z on this building.
"Will you please advise our office on the following questions:
"1. Whether 02 not the Board of Trustees of Common School
District No. 11, at Sabine Pass can purchase materials for
this new building out of their regcla:: maintenance funds?
"2 . cas khey borrow money to buy these materiala and pledge
their l,Lntenance funds for the peyment thereo:':
VT-.
3. If they can borrow money, then for how many years can
th,-3pledge main.e?ance funds for the payment of the lwn:
-title 2827, Vernon's Annotated Civil
Replying to your first question, :1
Statutes, provides, in part:
"The public free school funds shall not be expended except for
the following purposes:
“2 . Local school funds i‘romdistrict taxes, tuition fees of
;;U>:ls not entitled to frc- tilitionand other local sources
may be used for the purposes ewczerated for State and county
funda and for purchas?ng app!"ncee -nd supplies, for the
payment of insuranr5 ? miuma :)antors and other employes,
- -
Honorable Melvin Combs, Page 2 (O-3426)
for 'r: ing school sites, buying, building and repairing and
renting school houses, and for other purposes necessary in
the conduct of the public schools to be deternined by the
Board of Trustees, * * *"
Interpretating this provision it is said (37 Tex. Jur. 970):
"Trustees are authorized to expend funda derived from local
sources, and the surplus from the sti,tzand county available
school funds, for any and all the purposes enumerated by
law, and for such other purposes as, in the discretion of
the board, may be reasonably necessary in the maintenance of
the schools. The powers granted are sufficiently broad to
authorize the appropriation of surplus funds to the
construction of living quarters for teachers. The powers of
the trustees are also sufficiently broad to authorize the
expenditure of local funds foa the establisli?entof a health
department and'its maintenance as a part of the school system,
and for the employment of an attorney to represent the trustees
in legal proceedings respecting school affairs.
"The boarG is authorized to use public funds to pay premium
upon insx?ance policies issued to cover every school building
in the State, the title to which is vested e:ltherin the
State, county or district."
Answering your first question, it is our opinion and you are advised that
available local maintenance funds may be used to purchase materiels for
the school gyumasium of Common School District No. 11 at Sabine Pass, Texas.
We pasa to your second and third questions.
Article 2749, Vernon's Annotated Civil Statutes, contains the following
language:
"* * * provided, that the trustees; in making contracts with
teachers, shall not create a deficiency debt against the
district."
In opinions No. 0-1.387and O-2231, we were considering the identical problems
presented in your second and third questions. While these opinions dealt
with independent school districts the opinions were based upon Collier
v. Peacock (Supreme Court 1900) 54 S. W. lo27 and Templeman Common Schwl
District v. R. V. Head Co. ( T. C. A. 1937) 101 S. y,. (2d) 352, both
dealing with the powers of trustees of co-n school districts.
We are enclosing, herewith, copies of our opinions, Nos. o-1387 and
o-2231. For the reasons there given and under the authorities there cited,
it is our opinion and you are advised, that Common School DistYict No. 11 at
Honorable Melvin Combs, Page 3
Sabine Pass, Texas, may borrow money for the purpose of purchasing
materials for its school gymnasium but that said common school
district may not create a deficiency debt against local maintenance
funds for future years - revenues from future years may not be
pledged. Only contemplated revenues for the year of the obligation
may be pledged.
Yours very truly
ATTORNEY QXERALOF TEXAS
.a/ James D. Smullen
By James D. Smullen
Assistant
Ji%:ej/ ldw
Encls.
APPROVED AUG. 16, 1941
s/ Robert E. Kepke
ACTING
ATTORNEY GENERAL OF TEXAS
APPROVED AUG. 18, 1941
s/ GERALD C. IWNN
ATTORNEY GENERAL OF TEXAS
APPROVED OPINION COMMITTEE
BY C. B. C
CHAIRMAN