tiFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable A. M. Pribble 

County Attorney 

Kills County 

Goldthwaite, Texas 

Rear Sir: 

We 

we quote, in 

" 'Under Set 

of the County 

erviosr of musio 

Vernon's Annotated Givil Statutes, 

was enacte e Forty-seventh Legislature, regular 

Section 1 thereof fixes the salaries of th oeriutendencs, provides for the making 

of an annua 'provides ior~the appointments of assistants to the county superintendent. Section 2 of Article 

2700.1 reads as follows: 
Honorable A. LL Pribble, page #2 

"The County Superintendent of Public Instruction may, with the approval of the County 

Board OS Education, employ one ormore school 

supervisors to assist in planning, outlining, 

and supervising the work of the Public Free 

Schools in.the oounty which is under the supervision of, the County Superintendent of Publio 

Instruction. Said supervisor or supervisors 

shall et all times work under the supervision 

and direction of the County Superintendent of 

Publio Instruction, as other assistants are 

i 

r.quired to do, and must have evidence of pro,- 

ficienoy in rural shoool supervision and must 

be the holder of at least a Bachelor o,f Science Degree or higher,, Suoh supervisor nor supervisors I 

may reoeive-a salary of not to exoeed ,Two Thousand 

Dollars ($2,000) ,per'an&m, to be paid out,of 

the same funds and in the same manner as that. of 

the County~'Superintendent of Public Instruction 

and, other, a,ssi,stants.vAt the,outsetti sre confronted with'the~ question 

whether Artiole'~~2700~1 is applioable~to~~ex offici&+ superintendents* If.;$t,~is',' we"think that, a ~musio supervisor ~coulU 

be employed under theprovisions of~Seotion.2. above quoted, 

for such provisions do not speoify.or limit. the type of snpervisor other tha,n to ,state,that he will assist ia,planning, 

outlining, and,supervising the oounty'sohools;, We-believe 

that if the county ,sueerint~endent and countyboard, in ,the 

exeroise'of their, ~di.sore~op,.,;ld$termine that's musio supervisor is needed, ~one.:could be -employed under Seetion 2. 

.However,,,ie must first determine whether Artiole 

2700.1 is applioable to.ex officio superintendents, 

Article 26&j .vernon's Annotated ~ivi.lStatutes, 

provides for theoffiqe of oountg'superintendent in,all 

oounties of ~300Q:,or more scholastics, 'and inqounties of a * 

less number upona vote ~of the qualified ,elaotors.' 

.~ 
Honorable A. ld. Pribble, page #3 

r Artiole 2701, Vernon's Annotated Civil Statutes, 

provides as follows: 

*In each county having no school superintendent, the oo*unty judge shall be ex offioio 

county superintendent and shall perform all the 

duties required of the county superintendent in 

this chaoter. He shall give bond in the sum of 

Cne Thousand Dollars ($l,OOO), payable to and to 

be approved by the County Board of School Trustees of the -respective counties and conditioned 

for the faithful performance of his duties. The 

salary of the ex~'officio Superintendents of Public _ 

Instruction in all counties in Texas shall be, 

from and after September 1, 1936, Apaid from the 

State and County Available School Fund. (As amended Acts 1935 

447, Sec. l.jw 

,44t,h Leg., 2nd. C. S., p. 1732, oh. 

Article 3888, Vernon's knnotated Civil Statutes, 

reads as follows: 

*In a~ county where the County Judge aots as 

superintendent of pubMio.instruotion, he shall 

receive for such services such salary not to 

emaeed,Nine Hundred Dollars ($900) a year as the 

County Board.of Sahool Trustees of the respeotive countiesmay provide, The amount shall beg 

paid.inthe manner specified in Chapter 4%, Acts. 

of'the'r'qrty-first, Le islature 

Session (Art ,* :27&%l-ly,.and in'G!~$%$l?cts 

of the Fort 

(Art. 

.-se&&d Legislature;Regular S&ion 

2827a~ 7,.', (Asamended Acts~l935, 44th Leg., 

2nd. C. S., p. 1732, ch. 447, Sec. 2.)" 

We see.that the County Judge -- ex officio superintendent is charged with the performanceof~the.same duties 

as any other county superintendent; his salary for the performance of these duties is payable from the Available School 

Fund. .~ 
,^. 

.Honorable A: M.'Pribble, page #4 

As a general rule it may be that, beoause of the 

small'number of soholaatios in his oounty, the County Sudge-- 

ex orficio superintendent does not have to spend a great. 

amount or time in the performance of school duties. But i;: 

it is certainly conceivable that in some instances he may 

not have time to disoharge his duties properly. Likewise, 

the s~chools in his county may require a certain trainingor 

supervision in order to supply something needed. 

Obviously, Article 2700.1 is Xmited to,,eleotivs 

county superintendents, as suoh, when it fixes their sa&- 

ries. However, that part of the Act (Section 2) providing 

for the employment of superv.isors is not so limited, ana we 

do not feel that we oould read such a limitation fnto the Act. 

You ace, therefore, advised thatthe~ County Judgeex officio school superintendent may, With ~the approval of 

the county board, employ a supervisor of~musio under Section 

2 of Article 2700.k, proviaea; of course, such spp,ervisor 

possesses the qualifications ~set out in said article. Hi,s 

salary is to be paid snout of the same funds and in the same. ,~ 

manner" as that of the county superintendent. 

Very truly yours 

ATTORNEY GENE&, OF TEXAS 

By-55 

/s/ George Yl. Sparks 

Asei~qtant 

Gws-e 

APPRO'@D SEP 23,~~&942 

Gerald C. kiann 

Attorney General of Texas 

This opinion oonsidered and approved 

in limited conferenoe.