GROVER SELLERS Aun~l~m.TExAe 

Honorable John Dawson 

County Attorney 

San Patricia County 

Sinton, Texas 

Dear Sir: Opinion NO. 0-6874 

Re: Whether Gregory Independent 

Schoo~l District may expend 

school nones to lay a 

sewer line from the school 

to the sewer main under 

the facts stated. 

Your request for opinion has been received and 

carefully considered by this department. We quote from your 

request as follows: 

"The writer has been requested to obtain an 

opinion from your office as follows: 

"The Gregory Independent School District was 

created by special act of the legislature in 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'it necessary to connect with a sewer 

line to effectively meet the necessary sanitation 

requirements of the school building. 

"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 school board believe. 

that they are not permitted to spend this money for 

this purpose for the reason that the line will bee: 

laid across property that is not a part of the 

school grounds. 

"Your prompt attention to this matter 'will 

be much appreciated." 
Honorable John Dawson Page 2 (0-6874) 

Gregory Independent School District was created by 

House Bill 66, Special Acts of the 37th Legislature of Texas, 

1921, First Called Session. See Crammel's Laws of Texas, Vol. 

21, pages 13~9 to 143, inclusive. Section 4 of said H. 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 imposed by the General Laws of 

this State upon trustees of independent school districts created and organized under the General Laws 

of this State. 

“Said board 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 such bonds 

as maybe hereafter issued by said district within 

the limits of the Constitution and General Law 

authorize, and to provide by resolution for the 

assessment and collection of such levy by the county 

tax assessor and .by::tAe countytax co~lechor of San 

Patrf cio County upon Valuation 'fixed upon property within 

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 independent district shall 

be under their control; and they shall have the exclusive power to manage and govern said schools, and 

all rights and titles to property for school purposes 

heretofore~vested in the mayor, city councils, or 

school trustees by articles 3995, 4013 and 4032, Revised 

Statutes of 1895, or other statutes, general and special, 

except such cities as are exempted by 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 said board 

is a party. Acts 1905, p. 263." 

The case of Temple Independent School District 

vs. Proctor, Tex. Civ. App., 97 S. W. (2) 1047, holds that 

Article 2780, supra, is applicable to a,11 types o? independent 

school districts, whether in incorporated cities or not. 
Hon. John Dawson, Page 3 (O-6874) 

The case of Nacogdoches 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 

discretion which 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 regulations as are necessary for the control 

and management of the schools and in general they may 

administer the school affairs under their aupervision 

in such manner as, in their judgment, will accomplish 

the wholesome objects of our educational policies . . .ll 

We quote from 37 

follows: 

Texas Jurisprudence, p. 947 as 

"In general, boards of trustees of school districts 

may acquire property by 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 personal property 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 Independent School District are authorized 

to expend funds of the school district for the purposes stated 

in your letter. 

APPROVED OCT. 25, 1945 Very 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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