Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
June 1, 1959 I?onorable 5’. 2. Tr?abls
?irst ASSistant &tat& Zuperintendent
Department of Wucatlon
Austin, eexaa
Dear Sir:
your. latter ar isay es, 19939, requesting an ment with ro~(ar4 to whethsr or not the he city of El Paso sm8t ooxaply w-i aity an4 prooure a permlt in or40
ior the purpo*a
request a letter rr0m Yr. e City 0r Xl Pa80, sated ut what jurM4lotion this the aonstructlon of eohool bulldlnga ts ot El Paso, feerae.
&da Is baeed on the BuiUUng Code rd of Fire Undrmwritere, whiah re- uiluings to be of rireproof eonotruc- bullding meet all e plans o? a aah requirements of the code beioi?e B gswit Is laaue4. The Fl Paso ~cboclBoar4 has taken the stand that .ths City he8 n? jurisdlotion an4 therefore does not ham to Epest the re@rsmezts of t&e Bufl4ing Code or obtain a permAt from the City for soho& buildtrg aonetruotlon. *Please inform me if we bare any jtu-$sdlation or not. "1 aP; enalosing a oogy of our Building aode.*
, *2 Ran. T. M. Trleblb, June 1, 1939, paSe 8
h&d you also atthch to your request a copy of the Building Code of the City of El Paso with our attention dlmated to Seation 4OS, ITlreproor Construction Required. Subseotlon E thereof reads as r0liow :
"2. LPecial occupancigs. Schools, asylums detgn- tion buildings, iiospitsls, jaila, mrs~:rfes, au4 theatreg hereafter erected Bbsil be or ~ireproof-a0netruatlOu, txctgt that-theaters having a seating capacity ot not zore than 1000 pecple and i.:thout 4resslng rooms stage upon ahlch stags gagntry msy bt used, an4 which are used an4 dtsientd for use only for motion plotures or for purposes of sssenbly, md which are sftustdl outside of Plre 'Zone No. 1, say be or ordinary construction, provide4 that all inttrlor walls an4 gll oelllng3 shall have a iire reslstggas rating of not ltse than.one hour as4 the projection COOI shall have g'fire rsslstaaee ISting Of not its8 than tUU hQUX-0, Pndet the Sknbard tests of the National Boar4 of Fire Un4ersritsrs.a
In reply to your 0 ammunla,ation, we wish to advise that trcm; an independent investigation ma40 by this Depaheent ai'ter re- .eelpt of your rtquest, we have procure4 the ioUo@ng lnforlutlon which we are advlstd 1s authentic an4 80 WI rely thereon.
Under Artfale 3781, et seq of the Rsvlse4 Clvll Statutse or Texas or 1879, the City El Paso ssauaet-aantrol-or the so&eels within that city on the 4th day of 'peoember, l.SSS, an4 has since said day aontl.nuaUy aontrolled the schools within It as a part ot tht city government as ie in such oases made an4 pro- vided by law.
On page S4 of Souse Bill no. 196, Chapter 5, or the katg of the J.eglslsture of 1907, speaial laws, a aharter wee graste4 to the City of Paso and in Seotlon 1 of said charter It pro- -*1&4 :
m . all the inhabitants or the City or r.1 Paso, lri Zl Gaio County, Texas, as the boundaries an4 litits or said city are herein established or my be hereafter established shall conetitute and eontlnus to'be a body politio ss4 oorporate by the nase an4 style al the *City of bl Paso' and as such they and their suoctssors by that namt sh~lll have perpetual SuCoeS~ion au4 shall have, exeroise an4 enjoy all ol the rights, immunities, powSr6, prlvilsges and frauohisgs now possessed tid enjoyed by geld city as well as those herein granted or oonfsrrtb.'
.:,a.
Bon. T. li. Prlmble, Juqe 1, 1939, Pago S
In Section 2 of the same aherter, it rurther prorIdes: R . . . end it hall have adlexerolae all powera of mnlclpal goverment not prohibited to It this charter or by SOIZC general law of the Stcte or kexae, or by the provisions 0r the Constitution 0r i&ee.m
Section 28 or said charter glree the Clty OS Is1 Paso control over the school fund of such city end Sootion 70, Subsec- tion (a), under Kenera parers and duties of the city oounoll gives to suah olty the rollowing powers:
11 . . . to dire& and determine In whet part of said city bulldizgs of wood ehell not be emoted; . to provide for and regulate the s&e oonstruo- 1)
tlon, &ipeotion arid repair of all prlrate and pub110 buIldding Within said city, and to replate, ZvMmln, prohibit the ematlon or wooden or rrame bulldIng within the limits smld oity, or any part thereof, . .*
And in pursuanoe to the &me hale Act of the Leglalature of 1913, governing cltiea or like kind end ohareater as the City of Paso, the City of El Paso did idopt and some uuder the Home Rule kat.
lmd Seation 25, Article 1176, Rs~lsed Statutm, the Eoma Hub Aot, prorldee:
\ *2!5 . To provide for the establishment and designa- tion of rlrs llmlte end to preeorlbo the kind and aharaeter of bulldIngs or etructures or Improvements to be emoted,. therein, end to provide for the are&ion of tire proof buildings within oerteln limita, and to provfds for the condemnation of dangerous strueturea or bulldings or dllapldeted buildings or buildings aalculated to lnarease the fire hazard, and the msrmer of their removal or dastrueC tlon.*
Section 26, Article ll76, Revised Statutes, the H~EW Rule Act, provides: To divide the city In souse or dletricts, end
to reffulete the looatlon, size, he%ght, bulk and use of buildings within such some or diatrlots, and to establish building lines within such zones or districts or othemlse, end sake different regulations for dirtsrent districts and *4 Hon. T. t'. 'Lrlmble, June 1, 1939, Page 4
thereafter alter the 8-e. The govoting euthoritiea may be authorized by their charter to croete a coa~lisaion or board for the purpoee of carrying out the powers of t:.ia section, or say provide for the creation of a board or eppeels or review for the purpose of hearing and deciding on e?penle iron and reviewing any order, requlmmnt, decision or detcmlnation of the governing authorities In rarryl:.c out tLo powers end authority trcreir. conferred; provided the authority end power herein conferred shall never i;e construed to be e llmltetion of eny other power end authority conferred in thfs chap- ter.*
And Section 32 or the u~me Rule Act (Artlcle 1176, h.s.) em edopted by the City of Kl Peso, provides as follows: To provide for the establlehment ot public
schools and public school system In any auoh alty, and to have exclusive control over same and to provide such, regulations end rules goverulng the mamgament of amte aa army be deemed edvlaeble; to levy and oolleet the,neo- emery taxes, generel or special, ror the support of suoh pub110 sohools end public soho ay6tem."
Fr'edo not deem it neeemary to oite authorities In rriklng . the statement that cities of the kind and class as tbe City or Pl Paso here authority to pa@6 and enforce a Building Code.
"Property or pub110 eehools 18 held in trust by oity, diatrlot, oounty or other statutory agenay to be used for the benefit or sohool ohlldren thereln.' Lore va. Clty or ?ellas, 40 s. K. (2d) 20.
It eazi thue be seen that the City of El Peso has oon- trolled it8 mhoola long prior to the granting of a special aharter to eel6 city by the Leglsleture of Texaa, end long prior to the adoption of the Home Rule kct, end by virtue of the above cited and quoted cam, the property of the public echools la held in trust the city.
Be, therefore, hold that the school authorities of the City of El Paso mat meet end comply with eaeh requirement of the Building Code of the City of Xl Paso, end prooure from the proper authorities thereof a pemit to erect such building or buIldlug aa they desire to 80 erect within the corporate liEit Or oaid city.
Yours very truly