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 and posting 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 to your letter of June 30, 1945, and your opinion 

to me, which for reply you inclosed your opinion Nos. O-4919 

O-5183. . . 

"Your opinion No. 4919 reads as follows: 

;I Article 2806, Vernon's Annotated Civil Statutes authorizes 

the holding of elections for the purpose of consolidating 

contiguous common school districts, oontiguous independent 

school districts and further provides that common school 

districts may in like manner 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 a public school 

within such school district shall be paid out of the available 

maintenance fund belonging 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 .paid out of the available maintenance fund belonging 

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 that Wailer County cannot 

legally pay for notices in a County newspaper for such consolidated school election, 

such notices. 

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 of Fields 

Store & Waller.,........,......................$j.OO 

A. S, Fletcher 

Sheriff Waller County, Texas. 

"Please find inclosed a copy of notice in Hempstead paper 

for such consolidated election, this notice being ordered 

by the Commissioners' Court, and the bill for same, being 

in the amount of $87.05, has been filed with me for approval, 

May Waller County legally pay either of the above billa?" 

In addition to Opinions Nos. O-4919 and o-5183, cited by-you, 

copies of which have heretofore been furnished to ou, we also 

respectfully call your attention to Opinion No. 0- z 23 of this 

department. Said Opinion NO, o-623, a copy of which is 

enclosed herewith, in answer to a request a8 to whether the 

expenses of elections for the consolidation of common school 

districts should be paid out of the general fund of the county 

or out of the available maintenance funds of the districts 

in which the elections are held, specifically held as follows: 

"Our answer to your question, therefore, is that all of the 

expenses which may be incurred in connection with the election 

which you mention 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 that Wailer County, Texas, is not legally 

authorized to pay 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;NZRAL OF TEXAS