Honorable W. P. Herms, Jr.

County Auditor Wailer County Hempstead, Texas Dear Sir: zpinion No. 

### o-6683 e: ilbhether

Wailer County, **,YdXElS)** may legally pay certain bills presented for publication andposting **of** notices in a school consolidation election.. Your request for opinion has been received and carefully considered by this department. We quote from your request as **follow3:** "Referring toyour letter of June 30, 1945, and your opinion tome, which for reply you inclosed your opinion Nos. 

### O-4919 O-5183.

. . "Your opinion No. 4919 reads as follows: ;IArticle 

### 2806,Vernon's Annotated Civil Statutes authorizes theholding of elections for the purpose of consolidating contiguous common school districts, oontiguous independent school districts and further provides that common school districts may in likemanner be consolidated with contiguous independent school districts. "'Articles 

## 3746, 2746a and 2746b, Vernon's Annotated Civil Statutes regarding school districtelections and expenses incurred in connection therewith provide in effect that all expense3 incurred in connection with or incidental to any school district election in connection with apublic school within such school district shall be paid out of the available maintenance fundbelonging to such district or certain expenses enumeratqd in Article 

## 2746, supra, shall be paid out of the local funds of the school district where the election was held. "'Therefore, all election expenses incurred by school districts must be .paidout of the available maintenance fundbelonging to the school district or districts or the local funds of the._ i

Honorable W. P. Rerms, Jr., Page 2- 

### o-6683

school district or districts where the election was held as authorized by said statutes.s "In this connection, it appears thatWailer County cannot legally pay for notices ina County newspaper for such consolidated school election, suchnotices. or pay the sheriff for posting
"The sheriff's bill appears as follows: 'WAILER CO&Y, TEXAS To A. c:,FLETCRER, SHERIFF. "Posting Three Llection Notices for consolidation ofFields Store &Waller.,........,......................$j.OO

A. S, Fletcher Sheriff Waller County, Texas. "Please find inclosed a copy of notice inHempstead paper for such consolidated election, this notice being ordered by the Commissioners' Court, and thebill for same, being in the amount of 

### $87.05,has been filed withme for approval, May Waller County legally pay either of the above billa?" In addition toOpinions Nos. 

### O-4919and 

### o-5183,citedby-you, copies ofwhich have heretofore been furnished to ou,we also respectfully call your attention toOpinion No. 0-z23 of this department. Said Opinion NO, 

### o-623,a copy ofwhich is enclosed herewith, in answer to arequest a8 towhether the expenses of elections for the consolidation of common school districts shouldbe paid out of the general fund of the county or out of the available maintenance funds of the districts inwhich the elections areheld, specifically held as follows: "Our answer toyour question, therefore, is that all of the expenses which may be incurred in connection with the election which youmention should be paid out of the available maintenance fund of the respective districts holding the elections."Honorable W. P.Herms, Jr. - Page 3, o-6683

It is our opinion thatWailer County, Texas, **is** not legally authorized topay either of the bills submitted. Very truly yours ATTORNEY GENERAL OF TEXAS a/Wm. J.r,anning
WJF:BT/cg BY Wm. 2.Fanning Assistant

APPROVED 3JLY

## 14,1945 **3/** Grover tiellers ATTORNEY GF;NZRALOFTEXAS