Case Information
*1 575 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
QROVCR SELLLRS ATIOINLI GIN~AL
..’ .i’ Homrablo Xdgm Hutchtim County AttoriwJ, shult CoulltJ
Ore*nvlll*, texaa
mrr sir: Oplnlfm II.. o-7127
R.8 Conrtructlon of Artlole 2772, R. C. 8., with or ~1 p rohoo dopmdont rour requort for op
rUlly conrldorod br thlr Do~rtmont. No qu
aI follovr 1
*I am ‘vrltlllg to as
lng que8tlonr
n ‘Should tltlo to al
ent School Mrtrlct vhlch
rchool money an
In the Board of
and the CltJ Counoil bar the author- trurtser and alao to 1.y~ rohool taxar for the rob001 dirtriot. Tbo rahool dlttrlat her rooontly voted bond8 to baquln a rlto for the enotlon of a nmv school bulldlng and the doad to the iltv va8 mdo to the cltr nther than to the Truatesa of the Independent School District. Tbo Bchool lro 0~118 other propertim in vhloh title to the prop- rtq 16 vested In the cltr. *2 Honorable EQar Hutchins, page 2
‘It Is my opinion that under the sxpresm provl- slons of Article 2772 RCS tltla to this property should be yes ted In the Trustses of the Independent Mstrlc t and that the City council should re-deed the pro drty to thm Trustees of said Dlstrlot in aooordanoe v&h this Article.'
Artlolo 2772, 1. C. S., reads as follovsr ‘Article 2772. Promrty Yes ted In Trusterm .--
In every cltr or torn ln this 8tat hi h has or MJ assme exolusl~r control and m&&&t OS pub- 110 fno schools vlthln Its limits, and vhloh bas or that such xcluslre may dotermine oontrol and manage- ment shall bo In a board ef trustees, organized under an aot OS the Slxtoenth Legislature, approved April ), and acts amendstory thereto, the title to all houses, Undo and other property ovned, held, set apsrtj or ln an7 Van dedicated to the use and benefit OS the public Ike schools of suoh city or tovn, Including property herotofora acquired as ~011 as that vhloh may hereafter be acquired, shall be vested in the board of trustees and their suaoessors for use and benefit in offloe, in trust of the ln suah city or tovnl and such public Yr6e schools shall havs and exerolse board of trustees the exclu- slvo control and management of such school property, and shall haoo and exorcise the exclusl~s possession thereor for the purpose aforesaid; provided, vhere trusteor are named other than the munlolpal
corporation Itself, ln any lnrtrumsnt oonveying, donating, bequeathing or devising any money or other property, real or personal, for ths of any city or town, this lav shall not interfere ln an7 manner vlth the title or authority of such trustees to or oyer suqh mane7 or other property. Such board of trustees shall constitute a boQ oorporate, and have full paver to protsot the title, posscs- slon and uaa of all such property vlthin the limits of such city town, and may bring and maintain such suit or suits In lav or qulty in any cou& recover OS tampatent jurlsdlctlon when necosrary the title or possession of q such property that MJ be adversely held seized, or to prevent any tres- pass upon or l.njurr to suoh propertrj provided,
.
Honorable Bdgar Hutchine, page 3 not apply to
Jhe provlslonr of this article lands belonging to the State upon vhloh houses for * - school purpo8es have been built without authority from the State.” )”
The ca8e of Houston v. Oonsalss Independent Schoo% Dls- trlct, 202 9. ii. 963, Tex. Clv. App., 229 5. W. 467, Tex. Sup. Ct., held that neither the above-quoted Artlala, ohanglng title of independent dirtrlct school property from the mayor the school trustee8, nor the special act creating the Oonzale8 Independent School Dl8trlot, and extending the boundary and changing the tit10 toltr tru8tee8, violated the Bill of Rlghtr, Sections 1.6 and 19, AS infringing on the proprietary Fights of the City of ffonzales, vhlch had assumed control over lts8ohools under Artl- cle 3792, Rev. St. of 1879.
Article Vernon’s Annotated Texas Civil Statutea, reads as follqvrr
“Artlols 2773. Sale of School Propartx.-- Any houses or lauds held in trurt by any city or tovn Sor public the purpose of investing free school purpo8as may be sold for more oonvenlent and de- sirable school property’, vlth the conrent of the State Board, by the board of school trustees of such city tovn; and, in such cam, the prealdent of the school boerd shall execute his deed to the purcharer for the same, realtlng the resolution of the State Board giving consent lutlon of the board of trustees authorlzlng thereto and the xw80-
such sale.”
There being nothing to the contrary stated In your letter, ve assume that the Board of Trustees of the Independent School Dig- trl’ct vas organlsed under the act referred to In Article 2772, 8upra, or an amendment thereto.
St Is clear from the above-cited authorities, under the facts stated and asnumed, that title to the property Inquired about Is vested Dlatrlot in the Board of Truetee of the Independent School their sucoes8ors,ln office, 9x1 tru8t for the use and of the pub110 free schools of ruoh city, lrrespeatlvs of taken in the natas the fact that the racord van erroneously of the city instead of Ln the nap14 of tha Board of Tru8teea AS the *4 Honorable Xdgar Hutchins, page 4 the record t+tie 18 Bovavor, fact
statute provides. in the city Is lore less immaterial, as th4 alty C+I nalther legally control the property nor validly the #ltls away convsy rra the Board 0s Trustdam. HovaYar, if the reoord'tltle is d48ir4d In tha Board of Trustees , mama could be obtainad by proper oonvsy- an04 frcm the oity by judgaant in a tr48pa88 to try title rult. abovo satlsfaatorily ansvars your ln- Trusting qulry, va bra
Vary truly yours, ATTORREY OHRRRAL OF TXXM UJF/JCP