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November 12, 1952 

Hon. J. W. Edgar Opinion No. V-1538 

Commissioner of Education .‘ 

Texas Education Agency Re: Authority of the Texas 

Austin, Texas' Education Agency to require the depository ' 

banks of public junior 

college districts to 

Dear Dr. Edgar: file an annual report. 

Your request for an opinion of this office 

relates to the application of general school laws to 

the operation of junior college districts. You state 

that since you have been unable to discover pertinent 

statutes governing junior colleges which provide for 

an annual depository bank report It has been your interpretatlon that Article 2833;,would be applicable to 

junlor college districts. 

Article 2833, V.C.S., provides: 

"Each treasurer receiving or having control of any school fund of an Independent 

school district shall keep a full and separate it~emlzed account with each of the dlfferent classes of school funda coming into 

his hands, and shall on or before the first 

day of October of each year, file with the 

board of trustees of such independent school 

district and with the State Superintendent an 

Itemized report of the receipts and-disbursements of the school funds for the preceding 

school year ending August 31st, which report 

shall be on a form prescribed an8 furnished 

by the Department of Education: The board of 

trustees shall notify the State Superlntendent of their approval of said report within 

thirty days after receipt of same, should 

same be~approved, and the State Superintendent shall notify the board of trustees of 

objections or of recommendations concerning 

same should he desire to make any. All 

vouchers showing items of the report shall 

be flied with the board of trustees and the 
Hon. J. W. Edgar, page 2 (v-1538) 

State Superintendent may demand same when 

passing on said report or for the purpose 

of investigating same." 

Section 5 of Article 2815h, V.C.S., provides: 

"The Board of Trustees of Junior College Districts shall be governed in the 

establishment, management and control of the 

Junior College by the General Law governing 

the establishment, management and control of 

Independent School Districts insofar as the 

General Law is applicable." 

Section 11 of Article 2815h, V.C.S., is in 

part as follows: 

"The Board of Education of the Junior 

College District shall have the right to 

select and designate a depository for such 

District and the General Laws pertaining to 

County depositories, so far as'appllcable, 

shall govern in the selection of the DEBtrict depository, and with resflect to the 

depository bond, and the like. 

A careful examination of the laws relating to 

county depositories (Arts. 2544 et seq., V.C.S.) does 

not reveal any authority for requiring a depository bank 

to file an annual depository bank report with the Texas 

Education Agency. In situations of this nature it is 

universally held that the specific statute (Art. 2815h) 

more clearly evidences the intention of the Legislature 

than the general one. and will therefore control. See 

Sam Bassett Lbr. Co..v. City of Houston, 145 Tex, 492, 

8 

iz9 safe 

2 8 9 (194 )* Canales v. Laughlin, 147 Tex. 

s" W72d 4517(i948) State v.,Mauritz-Wells Co., 

141'Tex. 634, 175 S.W.2d &,m) . 

In answer to your specific question it is our 

opinion that the Texas Education Agency ia not authorized 

to require depository banks of public junior college districts to file annual reports. 
Hon. J. W. Edgar, Page 3 (v-15381 

SUMMARY 

The Texas Education Agency Is without 

authority to require depository banks of 

public junior college districts to file annual depository bank reports. 

Yours very truly, 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

PRICE DANIEL 

Attorney General 

Mary K. Wall 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

Assistant 

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