my opinion, I do not beliste that the truster was guilty ot violating any criminal statute of this The 0x07 statute that I can ilnd on the point state. la Article 313, cf the 1925 Revised Statutes, which, as ycu !rmw, covers th4 orficsr 0r any county or any oity or town. I reoo~:llz4 that l ohool trusteee have been held to bs county offloerr. 37 Tax. Jut., 736.W *2 Honorable J. P. Bryan, Page 2

In Opinion No. O-1589 this Department held: V4 concludi that the sole of Gasoline by a por- son to an lndependsnt school district, such person be- ing a trust44 of said echo01 district, to be used In a school bus Is not In violation of Article 373, Penal Cede, notwithstanding that the contract Is void as against public policy. 74 may SPY further w4 havs been unable to find any article In the Penal Cod4 which would make this act a crime.-

-* This opinion controls the questIon which you have asksd &d It Is accordingly ansvidred In the ne&ative. Ye ar4 enclosing herswith a copy of this opinion for your information.

Assuming the facts to be as you hcve stated, namely, that the sale of shrubs to the Alvin Independent school Dls- trlct was in truth and In fact a sale to the district by a trustee c: the dlstrlct, *:,e point out that. the oontract of ~14 Is void as decided in analogous sltuaticns in our Opinion No. 0-15e9, as well as In cur Opinions Nos. O&78, O-1142, and o-1014, obples of each of which are encloeed herewith for your information.

Yours very truly %CS:BBB