Case Information

*1 Honorable Melvin Combs

County Attorney

Jefferson County

Beaumont, Texas Opinion No. O-3426

Dear Sir:

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,-3 pledge main.e?ance funds for the payment of the lwn:

Replying to your first question, :1 -title 2827, Vernon's Annotated Civil Statutes, provides, in part:

"The public free school funds shall not be expended except for the following purposes:

“2 . Local school funds i‘rom district taxes, tuition fees of ;;U>:ls not entitled to frc- tilition and 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 :)an tors and other employes, *2 - - 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,tz and 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?ent of 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:lther in 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. 0-1.387 and 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 *3 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