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 SanMarcoa 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 SanMarcos Independent School District for a portton of the year, the salaries for the remainder of the year to be paid by the SanMarcos Public Schools, or

2. Undera cOntract with the SanMarcos Independent School District for teacher training privileges, the amount to be paSd In a lumpsum direct to the s&o41 dietr%ct.

Theapproprdetbon Ste,mfor ‘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 Latxawfor geneml operating expenses............... , . .*
We shell consider ftrrt the question of payment of a sumtb the SanMareoa Independent School District under a contract vith the diat@lct.

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

n

. the Board OSRegents of the State Tdaiher Collegea of Texa6, or the governing Bodyof 

### any other State eupported teacher tralnlng institution, andthe trustees of

’ any independent school dlstrict shall be empcweree to 

### enter into contracts whereby the eaid teacher 

### colleges mayuse the public school8 of said lndependent school 

### aistrictfi 68leb&atory 

### 8chOolB for trainlag **0r** toae&srr; provieoe further that the 

### availrble local Sundoof such colleges or the local fwadr of ruch school diatrlcts may

### be wed 

### in the purawace 

### andporfomnneo of au& contractr.@

1945 (Acts



### This stetuts 

### vee originally enacted in 49th bg. 1945, oh. 1?7, p. 234) and vao amendeein 1950 [Acts 51st Isg., lrt C.S. 1950, ch. 49, p. 120). These acts recited a8the neces- 

### ;;F[ f’$t$eir paasage 

### RBrmermmcp mearuwsnthe

there i8 at 

### pmront no authority 

### for the making

### of the cimtractr 

### therein~authorizee. The

### governing board6 OSthe State-I!Upportetl institutions of higher learning have only such euthopity as has been granted to themby 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 andthat contracts for 

### this purpose between teacher 

### training institutions and independent school districta 

### aunt be madein 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 theHon. Claudr Iaboll, pa&a3 (V-1333)



### funds colle.cted at the institution “in camring out the functions 

### of tmeducational 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 

### Vappropriate 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 andnot of funds from the 

### Oenera1 Revenue is clearly demonatratrd by the fact that the amount of estimated incom Lanot 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 Gtn

### era1 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 Wethink this definition Is sufficiently broad to permit the expenditure of these appropriated local funds for teacher training purposes authorized byArtlcle 2647~.In visv of thtat various statutory provl

### rions, it is our opinion that the Southwest Texas State Teachers College mayenter into a contract with the SanMarco8 Independent School District for teacher training purposes andmaypay for the strvices rendered 

### under the contract direct to the



### %he proviolons 

### of Section 31 art the sameas those contained in Section 3

### of Senate Bill 435, Act4 52nd beg., R.S. 1951, ch. 474, p. 841, 

### a general. .Ptatute reguZat’%ngthe handling of lnstltu

### tlonal 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 mapnet b6 paid out or tht Stemrot‘ 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 Fundof the State.



### ta viov of thla pwiriaia, th4 

### local

&msral 

### Revem Fundwith regard to the ps@hPibftkon contained IrnSwtion 35 of Arttcle XVZof 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 andat the sametime cserve as 8 part-time teacher fn a school district where the dutkes of each position are not inconristent, but LB60dQinS 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.ethe fact situation presente% in your request is different, in that un%.erthe present proposal the teacher would receive 0bl9 the salary paid.by the college during a particu ar pay period, wethink the samerule is applicable.

Your latter states that the teachers performing these arervices are~,em~ployeaby the SanMarco8: Independent Schbol Distriat. ,’3;t cannot be questioned that the teachertet amenability ‘tothe 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 861extremely 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 ofthe opinion that he WQUxd Cbntlnue 

### tv~holaa gosltion 0f h0n0r, trust, or prorit within the meaning of the qu6ted ~constitutional proVi8iQtl. Fromthe 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 maynot be ef$ended fn payment 0f direct salaries to teachers of the SanMareos fna~ependentSchool %Sst;rBatlroc r st-tLme or full-time errviaes in the teacher tmtn a&jpaogrsm of the collsga.- . _



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

However, weare of the opinion that it would be lawful for an independent school distrlet operating und,era 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 paymentwould not be contrary to the prohibition of Section 33 of Article XVI of the Constitution, since it wou1.dnot require the State Comptrol.ler to drawa State warrant in favor of a person whoholds at the sametime any other position of honor, trust, or profit under the State. Att'y Cen. Op. V-759 (1949). SUMMARY TheSouthwest Texas State Teachers College mayexpend its local funds appropriated under the item designated “Plus estimated other income for general operating expenses” in Article V, H.B. 426, Acts 

### 52ndLeg., R.S. 1951, ch. 499, at p. l.455, for the operating expenses of a teacher training program under a contract with the SanMarcoa Independent School District as authorized br 

### Article 2647~. V.C.S. Funds approprla’ted from Revenue Fundmaynot be program

. the State’s 

### General expended for that

Ateacher employed

‘school district maynot

. .~ by an

### independent

be issued aState 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. PRICEDAEIEL County Affairs Division 

### Attorney General Everett Hutchinson Executive Assistant Charles D. Mathews First Assistant CEO: mh BYChester E. Ollleon Assistant