GROVER SELLERS Aun~l~m.TExAe

Honorable John Dawson County Attorney San Patricia County Sinton,Texas
Dear Sir: OpinionNO. 0-6874 Re: Whether Gregory Independent Schoo~l

Districtmay expend school nones to lay a sewer line from the school to the sewer main under the facts stated.
Your request for opinionhas been received and carefully consideredby this department. We quote fromyour request as follows:

"Thewriterhas been requested to obtain an opinion from your office as follows: "TheGregory Independent School District was createdby special act of the legislaturein 1921. Such act may be found in Gammel's Laws of Texas, Volume 21, page 139. "The trustees of such Independent School Distr,ict, have found'itnecessary to connect with a sewer line to effectively meet the necessary sanitation requirements of the schoolbuilding. "They will be compelled to spend approximately @:;O in laying a sewer line to meet with the sewers

. They have secured an easement across the necessary land.
"Some of the members of the schoolboard believe. that they are not permitted to spend this money for this purpose for the reason that the line willbee: laid across property that is not a part of the school grounds.
"Yourprompt attention to this matter 'will be much appreciated."Honorable John Dawson Page 2 (0-6874)

Gregory Independent School District was createdby House Bill 66, SpecialActs of the 37th Legislature of Texas, 1921,First Called Session. See Crammel's Laws of Texas,Vol. 21, pages 13~9to 143, inclusive. Section 4 of saidH. B. 66 provides as follows:

"Sec. 4. The board of trustees of said Gregory Independent School District are hereby vested and charged with all the rights,powers,privileges and duties conferred and imposedby the General Laws of this State upon trustees of independent school districts created and organizedunder the General Laws of this State. “Saidboard is authorized to levy annually such taxes as may be necessary for the maintenance of said schools, for the purchase of building sites, errection and repair of buil,dings, and for paying interest and providing a qinking fund on the bonds for which said district is now liable and for suchbonds as maybe hereafter issuedby said districtwithin the limits of the Constitution and General Law authorize, and to provideby resolution for the assessment and collection of such levyby the county tax assessor and.by::tAe countytax co~lechor of San Patrfcio County upon Valuation'fixedupon propertywithin the district for taxation fbr'~stat& and county purposes." Article 2780,Vernon's Annotated Texas Civil Statutes, reads as follows:

"Said trustees shall adort such rules, regulartions and by-laws as they may deem proper; and the public free schools of such independentdistrict shall be under their control; and they shallhave the exclusive power to manage and govern said schools, and all rights and titles to property for school purposes heretofore~vestedin the mayor, city councils, or school trusteesby articles 3995, 4013 and 4032, Revised Statutes of 1895, or other statutes, general and special, except such cities as are exemptedby this title, shall be vested in said board of trustee@ and their successors in office; and their claims shall apply to sny action or suit wiich may arise to which saidboard is a party. Acts 1905, p. 263."

The case ofTemple Independent School District vs. Proctor,Tex. Civ.App., 97 S. W. (2) 1047,holds that Article 2780, supra, is applicable to a,11types o? independent school districts,whether in incorporatedcities or not.Hon. John Dawson, Page 3 (O-6874)

The case ofNacogdoches Inde endent School District vs.Adams, Tex. Civ. App., 36 3. W. (27 567, holds that the trustees of an independent school district are vested with a discretionwhich is not reviewable in the absenoe of abuse, in the management, control and protection of property of the school.
We quote from 37 Texas Jurisprudence,p. 938, as follows : !,

*

. .School boards may adopt such reasonable rules and regulationsas are necessary for the control and management of the schools and in general theymay administer the school affairs under their aupervision in suchmanner as, in their judgment,will accomplish the wholesome objects of our educationalpolicies

. . .ll
We quote from 37 follows: Texas Jurisprudence,p. 947 as

"Ingeneral,boards of trustees of school districts may acquire propertyby purchase or gift and hold the same in trust for the benefit of the district, and may lease, receive,hold, transmit,and convey the title to real and personalproperty for school purposes. They may take and hold in trust, for school purposes, the fee estate in land, or any interest less than the fee." - (Underscoring ours) Under the facts stated, it is our opinion that the trustees of Gregory IndependentSchool District are authorized to expend funds of the school district for the purposes stated in your letter.
APPROVED OCT. 25, 1945Very truly yours, /s/Grover Sellers ATTORNEY GENJUlALOFTEXAS
ATTORNEY GERERAL OF TEXAS By /a/Wm. J. Fanning

Wm. J. FanniLng Assistant APPROVED

OPINION COMMITTEE BY B.W.B. CHAIRMAN
WJF:BT-dhs

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