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November 12, 1952

Hon. J.W. Edgar OpinionNo. V-1538 Commissioner of Education .‘ Texas Education Agency Re: Authority of the Texas Austin, Texas' EducationAgency 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 discoverpertinent statutes governing junior collegeswhich provide for an annual depositorybank report It has been your interpretatlon thatArticle 2833;,would be applicable to junlor college districts.

Article 2833,V.C.S., provides: "Each treasurerreceiving or having control of any school fund of an Independent school district shall keep a full and separate it~emlzed

accountwith 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, filewith the board of trustees of such independent school district and with the State Superintendentan Itemizedreport 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 theDepartment 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 shouldhe desire to make any. All vouchers showing items of the report shall be fliedwith the board of trustees and theHon. J. W. Edgar, page 2 (v-1538)

State Superintendentmay demand samewhen passing on said report or for the purpose of investigating same." Section 5 of Article 2815h,V.C.S., provides: "TheBoard of Trustees of Junior College Districts shall be governed in the establishment,managementand control of the Junior Collegeby the General Law governing the establishment,management and control of IndependentSchool Districts insofar as the General Law is applicable." Section 11 of Article 2815h,V.C.S., is in part as follows:

"TheBoard 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 selectionof the DEBtrict depository,and with resflectto the depositorybond, and the like.
A careful examinationof the laws relating to county depositories (Arts.2544 et seq.,V.C.S.) does not reveal any authority for requiring a depositorybank to file an annual depositorybank report with the Texas EducationAgency. In situationsof this nature it is universallyheld that the specific statute (Art.2815h) more clearly evidences the intentionof the Legislature than the general one. and will therefore control. See Sam Bassett Lbr. Co..v. City of Houston, 145 Tex, 492, 8 iz9 safe2 8 9 (194 )* Canales v. Laughlin, 147 Tex.

s" W72d 4517(i948) State v.,Mauritz-WellsCo., 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 depositorybanks of public junior college districts to file annual reports.Hon. J. W. Edgar, Page 3 (v-15381

SUMMARY The Texas EducationAgency Iswithout authority to require depositorybanks of public junior college districts to file annual depositorybank reports.
Yours very truly,
APPROVED:
J. C. Davis, Jr. County Affairs Division PRICEDANIEL Attorney General

Mary K. Wall Reviewing Assistant Charles D. Mathews First Assistant Assistant

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