PRICE DANIEL 

AUlwrIN 11. -rExas 

ATTORNEY GENERAL 

Octobar 29, 3.951 

Hon. Claude Isbell Oplnlon No. v-1333 

Executive Secretary 

Board of Regents Rta: 

State Teachers Colleges 

Legality of using 

certain appropriatAustin, Texas ed funds of Southwest Texas State 

Teachers College to 

fbance teacher trainWg in conjunction 

with San Marcoa IndeDear Sir: pendent School District. 

you have requested an oplnion concerning 

the authority of Southueet Texas State Teachers College to expend funds for teacher training purposes, 

in the supervision of student practice teaching, 

from the item in its biennial. appropriation for 

“Resident Instruction, $alarles Only” or from the 

items approprLated for ffeneral Operating Expenses” 

under either of the Poll@uXng arrangementa: 

3. . For ,direct salaries to teachers employed by the San Marcos Independent School District 

for a portton of the year, the salaries for the remainder of the year to be paid by the San Marcos 

Public Schools, or 

2. Under a cOntract with the San Marcos 

Independent School District for teacher training 

privileges, the amount to be paSd In a lump sum 

direct to the s&o41 dietr%ct. 

The approprdetbon Ste,m for ‘Resident Instruction, Solar&es On&y appears in the current 

biennial appropriation F4r Southwest Texas State 

Teachers College (Art. V, E.8. 426, Acte 58na Leg., 

R.S. 1951, ch. 499 p. lL&, at p. 1455) under the 

heading of %ened. AdmknSstratLon, Salaries Only.” 

Under a second heading, “ffeneral Operating Expenses”, 

the following items are listed? 

“General Revenue Appropriation for general 

operating expenses................ . . . 
Hon. Clause Isbell, page 2 (V-13J3) 

“PlUS estimated other Latxaw for geneml 

operating expenses............... , . .* 

We shell consider ftrrt the question of 

payment of a sum tb the San Mareoa Independent 

School District under a contract vith the diat@lct. 

Article 2547c, V.C.S., pfovfeorr 

n 

. the Board OS Regents of the 

State Tdaiher Collegea of Texa6, or the 

governing Body of any other State eupported teacher tralnlng institution, and the 

trustees of’ any independent school dlstrict shall be empcweree to enter into 

contracts whereby the eaid teacher colleges 

may use the public school8 of said lndependent school aistrictfi 68 leb&atory 

8chOolB for trainlag 0r toae&srr; provieoe 

further that the availrble local Sundo of 

such colleges or the local fwadr of ruch 

school diatrlcts may be wed in the purawace and porfomnneo of au& contractr.@ 

1945 (Acts 

This stetuts vee originally enacted in 

49th bg. 1945, oh. 1?7, p. 234) and 

vao amendee in 1950 [Acts 51st Isg., lrt C.S. 1950, 

ch. 49, p. 120). These acts recited a8 the neces- 

;;F[ f’$t$eir paasage RB rmermmcp mearuwsnthe 

there i8 at pmront no authority for 

the making of the cimtractr therein~authorizee. 

The governing board6 OS the State-I!Upportetl institutions of higher learning have only such euthopity 

as has been granted to them by the Legisl.ature+ 

Since theee acts rtated that no euthorlty existed 

for the making of such contracts, ve should eecept 

this rtateannt as a legialatlve expesalon that 

authority haa not been granted to the governing 

boarea by any other statute, It is our opinion 

that the authority granted la Article 2647~ is 

exclusive and that contracts for this purpose between teacher training institutions and independent 

school districta aunt be made in accordance with 

Article 2647~. 

Article 2547~ authoricee thr eXpmdltUPe 

of the local funds of the col.tcge in the perfomence 0fsuFh ZiGacts. The local funds of the 

Southvert Terrr State Teachers College are the 
Hon. Claudr Iaboll, pa&a 3 (V-1333) 

funds colle.cted at the institution “in camring 

out the functions of tm educational lnstitutfan”. 

Article 2,554d, V.C.S. llxamples of incow comprising local fund6 are listed In Article 2554d. 

Section 31. of Article V, House Bill 426, su pa 

at page 1472, requires that, certain of these -P&al 

receipts be deposited in the State Treasury, to 

be credited to a separate fund aclcount for the 

institution depositInS the Punda. Sections 2 and ~ 

31 of Article V appropriate these local funds to 

the respective Institutions. The item listed in 

the a,pproprietion for the Southvest Texas State 

Teachers College a8 “Plus estfmatod other income 

for general operating expenses” under the heading 

of “General Operating Pxpenaes” is an approprfatlon of the amounts deposited in the State Trrasury under Section 31. That thir ir an appropriatlon of local funds and not of funds from the Oenera1 Revenue is clearly demonatratrd by the fact 

that the amount of estimated incom La not included 

in the General Revenue appropriation total at the 

foot of’ the various amounts appropriated for the 

Southwest Texas State Teachers College. 

Section 30 of Article V, House Bill 426 

at page 1472, defines ‘General Operating ExpensesA 

aa meaning “necessary operating expenses for Gtnera1 Administration; necessary operating expenses 

and lalariss for instructional. departments othtr 

than rerident instructional salaries; salaries and 

nectsserg operating expensee for extension and correspondence teaching, libraries, and organized activities related to instruction: . . .‘I We think 

this definition Is sufficiently broad to permit 

the expenditure of these appropriated local funds 

for teacher training purposes authorized by Artlcle 2647~. 

In visv of thtat various statutory provlrions, it is our opinion that the Southwest Texas 

State Teachers College may enter into a contract 

with the San Marco8 Independent School District for 

teacher training purposes and may pay for the strvices rendered under the contract direct to the 

%he proviolons of Section 31 art the 

same as those contained in Section 3 of Senate Bill 

435, Act4 52nd beg., R.S. 1951, ch. 474, p. 841, a 

general. .Ptatute reguZat’%ng the handling of lnstltutlonal receiptr. r&Wbte iaatitutionn of higher 

wauo4tton. 
* Hon. Claudo LabeS1, pa&l 4 (V-1333) 

of tb4 apphxpr&atlon item “Plus 

estimted othtr tncow Pm general operet8,qgl eq2tmjes. Hovevtrk t&h anwit map net b6 paid out or 

tht Stem rot‘ RreiEent fastruetSon, SBlarLe(s Only" 

or out of the item “@moral Rsvmue Appropriation 

Par general operatfng expenses”, which are appropriationa fr~lg the lienera Revolnuat Fund of the 

State. 

ta viov of thla pwiriaia, th4 local 

&msral Revem Fund with regard to the ps@hPibftkon contained Irn Swtion 35 of Arttcle XVZ of 

the ConstltutXon. 

A whoal. tsaeher of an tndependent Bchool 

dtcstrict booi& 8 “posLtioa a% bionop, trust Or 
_ . . : 

as part-time instructor in a State-supported college and at the same time cserve as 8 part-time 

teacher fn a school district where the dutkes of 

each position are not inconristent, but LB 60 dQinS 

he forfeits all ri&ht to a?@ salary he right have 

been entitled to as college instructor fsom funds 

in the State Treabury, beeauae Section 33 of Article XVI su ra forbids the drawing 0i & State 

Wa*rant’iE+Z?favor . 

In P.tt’y Gen. Op. O-4433 (1.942), it was 

held thst this conetitutiona~. provision prohibited 

the Comptroller from issuing s Warrant in favor of 

a public school teacher for pert-time services 8s 

a critic teacher in the teacher tralnfng proSram 

of a State institution conducted through the public 

schoo1.s. Whi1.e the fact situation presente% in 

your request is different, in that un%.er the present proposal the teacher would receive 0bl 

9 

the 

salary paid. by the college during a particu ar pay 

period, we think the same rule is applicable. 

Your latter states that the teachers performing these arervices are~,em~ployea by the San Marco8 : 

Independent Schbol Distriat. ,’ 3;t cannot be questioned 

that the teachertet amenability ‘to the public school 

authorLties is not affected 11 

whether he ia being paid, by t & 1) 

e consideration of 

school district. 

college or by the 

It would be unrealistic, aa well 

861 extremely und,e8irable, to conclude thet the 

teacher ceased to be an smplsgee of the school 

distrlot during the time he was being paid by the 

college. We 8,xe of the opinion that he WQUxd Cbntlnue tv~hola a gosltion 0f h0n0r, trust, or prorit 

within the meaning of the qu6ted ~constitutional proVi8iQtl. 

From the fore@in& it P0ll0wa that funds 

ep ropriated to tbe 20uthWest Texas State Teachers 

College which are to be paid out of the State Treasury may not be ef$ended fn payment 0f direct salaries 

to teachers of the San Mareos fna~ependent School 

%Sst;rBat lroc 

r 

st-tLme or full-time errviaes in the 

teacher tmtn a&j paogrsm of the collsga. 
- . _ 

3 

Hon. Claude Isbell, page 5 (V-2333) 

However, we are of the opinion that it 

would be lawful for an independent school distrlet 

operating und,er a contract with a college in accordance with Prtic1.e 2547~ to supplement the salaries 

of teachers rendering services under the contract 

from the amount ‘paid by the colI.ege. The funds 

paid to the school. district would become local 

funds of the district. Article 2827, V.C.S. Article 2547~ authorizes the school district to use its 

l.ocal funds in the operation of such a cooperative 

program. This plan of payment would not be contrary to the prohibition of Section 33 of Article 

XVI of the Constitution, since it wou1.d not require 

the State Comptrol.ler to draw a State warrant in 

favor of a person who holds at the same time any 

other position of honor, trust, or profit under 

the State. Att'y Cen. Op. V-759 (1949). 

SUMMARY 

The Southwest Texas State Teachers 

College may expend its local funds appropriated under the item designated “Plus 

estimated other income for general operating expenses” in Article V, H.B. 426, Acts 

52nd Leg., R.S. 1951, ch. 499, at p. l.455, 

for the operating expenses of a teacher 

training program under a contract with 

the San Marcoa Independent School District 

as authorized br Article 2647~. V.C.S. 

Funds approprla’ted from 

Revenue Fund may not be 

program . 

the State’s General 

expended for that 

A teacher employed 

‘school district may not 

. .~ 

by an independent 

be issued a State 

warranT; a0 salary or compensation for either 

part-time or full-time service8 performeeXln 

a college’s teacher training program. . 

Const . , Art. XVI, Sec. 33. 

APPROVEDr Yours very.truly, 

J. C. Davis, Jr. PRICE DAEIEL 

County Affairs Division Attorney General 

Everett Hutchinson 

Executive Assistant 

Charles D. Mathews 

First Assistant 

CEO: mh 

BY 

Chester E. Ollleon 

Assistant