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‘; 739 OFtiCE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

GROVER SELLERS AITQRNEI GENERAL

Honorable L, Woods

State Superintendent of Public Instruction

Aus tin, Texas

Dear sir: Oplnlon No. O-6569

Rex Slim tho law does

Thin repllSs to your

Pay 3. 1945, vhich reads as fo

ides in partt eat of the schools e funds are appropriated. 1’ call also that Article 2657 empovers tendcnt to issue regulations and lnter- the school law.

aAotfng under these 8t8tutes and in coopqratlon with the Legislative Accountant, ve based the trans- portation .g%i.nts for the current tam on the first six months of’ the school term and set April 1, 1945, aa the deadline for gottlng the reports to this offIce. During the fall-we put out a Schooluan’s Calendar and Guide that called attention to the faat that April 1 was the

Bonorable. L. A. Woods, page 2

last day ~for filing transportation reports In the Equalization Division. On January 24, 1945, ve

furnished the necessary forms to the county super- intendents and sent a letter to the county aupe& lntendents and prInclpals and nuperIntandents of

the receIvIng schools of the state, pointing out

again that the transportation reports should be

sent In promptly after the close of the sixth month of the term and In no Instance later than April 1.

‘This question: Since the lav does tiot set a date for submitting transportation reports to this offIc&, are ve not authorized to set such a date on vhich the reports are due In this office so that all re- ports can be audited and the money dlstrlbutod before the close of the fiscal parlod?” . ’

In addition to the above-quoted part of Article 6, the other provision of B. B. 176 or Chapter 373, Acts of the Portg- eighth Legislature, to be considered In answering your request Is Section 1 of Article 9, which provides as Pollowsr PInal payment by warrant’ of the total

emo& iliotted to any one school shall then be

made not later than June 1, or as early as nossi- ble thereafter after tho approval and upon the

order oi’ ~the State Superintendent of Public In- structlon and the Legislative Accountant. . . .’

The Legislature did not provide a fixed date for the ! sgenctea receiving State aid to submit transportation reports to i your office..’ The Legislature, howover, did grant to your office

sad the Legislative Accountant the authority to make reasonable to carry out the provisions rules and ragulatlons’ne~ceasarg of Chapter 37.3. The date June 1, as provided In Section 1 of Artlclo 9, Is dtrectorp. Before your department and the Leglslatlve accountant can attempt to comply with the provlslone of the stat- Ute and make the final payment of the money allocated, you must ’ have the reports from the various schools In time to allow your j department and the Legislative Accountant to make an audit of the

same SO that the warrants can be issued, If possible, by June 1 Of eaoh year “or as early as posalble thereafter.* If your de- partment and the. LegIslatIve Accountant cannot, under your 6u- thorIty to make rules and regulations, Six a date for the fllI.W$ Of the rapoh, It would be lmposslble for you to efficiently ad- Nnlster the provisions of Chapter 373. We do not believe that the bgislature Intended to pass an unworkable lav. *3 .’ 1

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~cnora~le L. Woods, page