...,.., ..~.



## TEE ATTORNEY GENERAL

OF TEXAS

September 9, 1948
Eon. Joe. B. Dart Opinion No. V-678 County Attorney Kendall county Boerne. Texas Re: Legality of loaning surplus funds of a cominonsahool dlstrtot to an independent school~dlatrlct. Dear Sir: Werefer to goir opinion request ooncerning the following question:



### “Cana aommonschool dietriot u&e a loan.of its 1947-48 balanoe to an indepenschool distriot. ’ Powers of school boards and Offloer0 over funds belonging to school dlstrlots and the purposes 

### for whloh those funds my be ex 37 Tex. JUr p 968; ended are presorlbed **by** Stati::: 351, 40 Sd2dj 20. &ve V, city of DallSS, 120

It is provided In Artlois 2827, Swat 1 and 2, v. c. s., that;

“1. TheState and’aounty avellablei fund6 shall be used exoluslvely for the payment of teachers’ and superlntendenta’ salaries, fees for taking the scholastic oewuo sad Intereat oa moneyborrowed oa short kne to pay 6slarlw of teaohers sad superintendents, whoa these Sal&Piesbeoome duebefore the sohool fundsfor the owrent year beoone avallablet provided that ao loans for thepur‘:0110ofpayment of tea&em shall be pa d .out of fuada other than those for the then ourrent gears.

“2. Loos1 sohool fund6 

### from dkstriot taxes, tuition fee6 of 

### pupils not entitledBon. Jos. 8. Dart, page 2 (V-678)

to free tuition and other local sour&~ maybe used for the purposes enume’tibted for State and county funds and for pmchasing appliances and supplies, for the payment of Insurance preinlums, janitors and other employees, for buy&g school sites, buylng,bullding andrepalrlng and renting sohoolhouses, and for other purposes neaessary In the conduct of the publie sohools to be determlned by the board of trustees, the amount8 and vouchers for county districts to be approvedby the county superintendent; provided, that whenthe State available school fuud in any oitg or district is euffioient to maintain the schools thereof in anyyear for at least eight months, and leave a surplus, suoh surplus maybe expeqed for the purposes mentioned herein. Under this statute the expenditure of ’such school funds, whether they be.surplus funds or otherwise, maybe madeonly for the purpose8 therelu **entuner** ated and for other purposes necessaq in the conduct of the public schools of the dlstrlat. Attorney Qeneral’s Opinion V-534. Public funds, amongwhich srs inaluded school funds, collected and designated by statute to be used’only for particular public purposes cannot lawfully be diverted to the use of another public v. City of Da supra; SanBenito I.S. rs”pose. Love

tlas,

. v. **Farmerst** Bank,78 S.W. 26) 741; MBdele v. Trustees of Comoe Independent School, 130 S.w.(2d? 929.

Wefind no statutory authority, expres~sed or Implied, In trustees of sohool districts, commonor independent, to loan the public school funds of their dlstrlct to any other school dlstriot, person, or entity. Clearly, the loan of surplus funds of a commonschool district to an independent district would not be using such funds for a purpose necessary in the, conduot of the

,- public schools of the commondistrict. SUMMARY Aboard **of** trustees of 

### a school dlstrict has no authority to loan Its pub110 school funds to another sehool dletriat.Hon. Jo;. B. Dart; page 3 (V-678)

Article 2827, Sections 1 and 2,-V. 0. S. ~-~ Yours very~truly,

cm:mw Chestei; E. Ollison Assistant