Case Information

*1 OFFICE OF THE AlTORNEY GENERAL OF TEXAS

AUSTIN GROVER SELLERS

AI~ORNCY GENERIL

Hon. John C. Marburcer

County At tnrney

Fayette County

La Grange, Texas

Dear Sir:

requesting the of this d iions stated therein, reads, in part,

your opinion whether ourt may legally pay by the County Superin- subjeot, I find that the of Texas, Article 7, has made extan- n8 for our ehoational system, Arti- n 42 of the Texas Con&i t.utfon pro- e legislature shall pass such laws to oarry into affect the f this Constitution. Apparently the of County Superintendent is not a consti-

tutional office, but has bean created by the 1eSlslature by virtue of the above mentioned stitutional provisions. In faot, Section of Article 7, provides

‘The legislature shall fix by law terss of all offices of the Public Sohool System ana of the State Institutions higher education, and the terms imlusi9s, of members of the respective boards, not to exceed six years’.

Hon. John C. Earburger,

“Apparently, in pursuance of the above mentioned constitutional provisions,

legislature enacted Article 2688 R.C.S. which creates the offioe of County Superintendent, the tern of office, etc., and also provides that:

*----and who ahall be provided by the Commissioners* Court with an office the courthouse, and v:l.th neoessary and fixtures ----*. “It will be noted that Artlols 2688, R.C. S.

as amended was enaoted :n 1932, whereas the legis- lature in 1935 enacted Article 3899 B. R.C.S. whlah provided ln parts as follows:

*seotion 2. Suitable offioee and stationery and blanks necessary performanoe of their duties mag in the disoretion of the Commissloners~ Court slso be furnsshed to resident --- county --- and may be paid for on order of the Commissioners* Court out of the County Treasury. t

WI have not been able to find ang other statutes on the above question, and thererore, sinoe Artiole 3899 B was passed subsequent to Artiola is my opinion that it would not be mandatory on the Conrniasioners’ Court to furnish offioes and blanks necessary their duties, for the County Superintendent, but that 88810 If the Court, in its discretion, may furnish they so desire. On the other hand, Article 3899 R does on office *furniture and fixtures”, not legislste and therefore Article 2688 R. C. S. would control,and it would be mandatory upon the Commissioners* the “neoesaary fixtures” to the bounty Superintendent. In tirls oon- , drtiole 2700 R.C.S. makes provision8 ror Lhe nection and traveling expenses of the County This Article was apparently rassed as Super lnt ends&. amended, in 19I,3. In tills aonneotion it would be my that the Commissioners’ Court would not be a~;~tnorized to pay any expenses of the County Superin- tendent’s not provided in said Artioles but suoh 0rri00 expenses must 2688 and 3899 B R.C.S., be provided for as set forth in said Article 2700 R.C.S.” L

Hon. John C. Larburger,

Art. 2688, Vernon’s Annotated Civil Statutes, reads in part, as r0110wa:

WThe Co.mmissioners Court of every oounty having Three Thousand (3,000) scholastic popula- or more, es shown by the preceding soholastio tion, census, sLal1 et a general election, provide ror the election of a county superintendent to serve for e term 0r four (I-) years, who shall be a person of educational atteinments, good moral oharaoter, qnd executive ability, and who shall be provided by the Commissioners’ Court with an office courth~,use, 2nd with necessary furniture rixtures.. . . n

Section 2 of Article 3899B, V. A. C. Y., provides: “Suitable offices and stationery and blanks of their duties may under the disoretion of the Commissioners1 court also be rurnished to resiaent i?istriat Judges, resident IJistrict and County attorneys, County Superintendents and County Surveyors, and may be paid for on orders of ,t.he Commissioners* kurt out or the County Treasury.”

Artiole 2688, and 3899B, V. A. C. S., authorize County Commissioners’ Court to provide tar certain needs of the County School Superintendent. In determining the q,uestion under consideration, it is our opinion that the roregoing statutes must be considered and aonstrusd together.

In our Opinion No. O-1781, a copy of whloh has bean rarwaraea to you, it is stated;

*Under Art. it is ma~ndatory upon the Commissioners~ Court to furnish the’aounty Sohool Superintendent with an offioe and with neoessary and fixtures. It is aisoretion- ary with the County Commissioners’ Court as to whether or not it will provide offices, and stationery and blanks under Art. 3899B.

strui.nF, the two statutes together, is our that the County Commissioners’ Court must furnish the County School Superintendent vith a suitable and necessary

equipment, but may use its discretion in the matter of supplying and blanks.”

I

Hon. John C. Marburger, page 4

Speoirloally answering the questions presented that it is mandatory upon your inquiry, is our opinion, the Comnissionersl the County Sohool Super- intendent with an office, and if an office is not available in the oourthouse, Co.mmissioners~ Court must rurnish County with an oiTioe and pay the rent such 0rri0e.

In view of what has bsen said in our Opinion No. O-1781, a portion of whioh has heretofore been quoted, we deem it unneoessary to discuss further the aatters presented in your inquiry.

Yours very truly ATTORNZY GXXXRAL OF TIXAS Ardell Williams Assistant.