OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

s51 
y&uoreble Albert I. Hut-son, Jr., Fege E 

The s~clfle questions you aek are 8s rOii0w5: 

r. . l . 

*1. ?iould the tseosurw nnii depository bank 

be liable ou their ofYfoie1 bonds in the event 

they should honor or pay vouchers exeouted by the 

eohool board to the new s~erlrAendeut under the 

ters of his aontmct? 

WE. In ths ev6nt the diooherged ruperintendant should prevail in the panding litigation, would 

the treasurer emd doposltory batuk be, in any way, 

liable for the paymmt of vouahere properly emouted by the sohool board to the new superintendent? 

*3. In tae event you mlsw%r tab two forogolng 

questlons in the OS tire and the treasurer and 

d8poeitory bank irti E rcriuar to pay the afore eafd 

muohssa, c5n the locel so&m01 board or n5w auperlatsnbent, %lthsr or both, require the treatsurer 

and depository kak to pay aaid touchers by man)- 

damua? 

*4. II the troetwrai and depository burk 

ilable for the nron#ul refusal to pay rouohors 

:properly lsuued by the mhool board? 

I '" . . . 

The statute that dsterrrinw the aaawar to these 

questfont is krtiols 2852, Vernoafe Annotated Rawi8ad Clvll 

$tat.utes or TOXMJ, the arater?& parta or v.hlah mad as rollmet 

*In my ia&8pmdent fflstrict of mow t&m 

one hundred fifty (IBO) aaholastloe, whether it 

be in a olty viaioa has aseuud coutrol or the 

schools within its ltit.9, or a aorporation for 

s&ho& purposes only, end vðer ori+niaml 111. 

der general law or created by spaolal sat, the 

treasurer of tbs sohool fund shall be that peraon or corpor.stion who ofitars 6atfiSffNtQry bond 

end the best bid of interest on the mere&e dally 

balanoes r0r the prlvllege of act?ng 81 suoh 

treasurar, Thhe treasurer whan thus eeleotti 

shall serve for a tern 3f two year5 and until 
F 

lionorable klbert J. Butson, Jr., Es&e 3 

his aucoeasor shall huve been duly selected and 

qualified and he shall be required to give bond 

in an amount equal to the astlmated amOunt of 

the total receipts coming annually into hi6 hands, 

when such bond is a rer6On61 bond! provided, that 

when a bond 15 exeouted by B surety company or 

$6 a bond other than ct psrsonal bond, such bond 

ohall b6 In an anxxint equal to ti.% hicheslt eatimated dally balenae for the current bieanium, 

to be determined by the governin& Mdy of ouch 

school district; provided, furtlior that suah ROYerning body may, in lieu of the bxid herein authorleed, aoospt a deposit of approved seouritlee, 

which sacurlticrs may include bonde of the United 

States, or of thir .,tcrte, or of any oounty, city, 

town or independent i;ChoOl dU+triot in the ijtate, 

or kntfclpation Tax i;arranta and/or Antlolpatiori 

Tax Kotes legelly lsaued by the governing body of 

such school distrlot, whioh ah&U bar deposited a8 

suob governing body my dlreot, in sn mouitt sufrlcient to adequately protect t&e rundr of eu& 

school distriot la the hand6 of the seleoted 

!ikWl%Ul-W . 

Vrovlded, however, thtut no pre%iWa on any 

bmds shsU be peid out of the funds of any said 

dlstrldt or oorporstion. Said bond shall be payable to the president of the board and hfs maoesaora in ofiias. oond~i4ionsd_t~~~_th~~~~ 

or the bond, with v-&f-h the trsasursl’ and the 

p4, are *the faithtul dlechax4@e QI the trseeurerqe duties 

and the aayraant of the funds reoe&tred bg him urn the draft 
@norable Abert J. tiuteon, Jr., laga 4 

of tho QrWkident of the sohJo1 board drawn UDB~ order. duly 

ezteeed. of the board of trusteea", and that *the treasurer 

ahall s~faly kee;, and fa$thft+ullv diriburse all fund% oo%&ng 

Into hi8 handa aa~treasursr 

to his suOof~~~or all balanoes remrlirizg in his hands". 

, and shall faithstilly pay over 

It i8 quite appsrmt thut the O&ly 6pMtifiO requir%aeat in the bond for the tressmar and the bank to fulfill, Involved UDdar the f'aat.8 you give, is that whiah requires *the payiMnt of the fundm . . . upon the draft of 

t&e preeidsnt OS the sohool boaxd dreva upon order . . . of 

the board of tru#teea*. Y:e a88uma that the rouchera lasued 

to the new ouperintsndent have beon drawn by the praaident 

of the board upon order ot the trwteeo. The bend doea not 

require the order of the aahool boerd be a lb* 1 r o 

l'hder the term6 of the bond the troamarer -are an 

am4 reQuireal to eesertaia whether or Uot the vwoher has 

kea drawn by the president upon ardax'oi the truetaaa. 

The only ether requiremanta Zs the bond am *the 

of the ttieuurez*J dutlea, th6t the traakwp 6nd rrrft dfebUr66 dl furzdr" 

$a$tQful.ly p$& to his mooomor all 

b6l8JW0-B". kooordLn& to tF 

Qy..Co. I. Khittln&om 4~ Snoaney, (Ten. Cir, Ap .) 155 8. i1. 

.e opinion 1st the aase of K.C.Y.&O. 

MW, the ward *~afthtull~” smnm VawthSuJ,l~, D % oe~ly and 

aepuratelyar Under the faota that ye give, wa oannet say 

tls%t the tteaeurer 6114 the bank would not be act&i& 'faithfully* by pylag the vouaher6 issued to the new auparlntandant. 

We heve been unable to find any Texas appellate 

a~rt deaW.on on this partiuular question, but the *ama ree- 

. 8onsag we have followed h6M was used in the ca6b or age f, 

Froboaee, (T&IX. Civ. wpp.) 66 5. w". 6456, in whioh the oourt 

held thet s County Trwmwer, whose rtatutory bond n8s oendltloaed that he would "airfsly keap and talthPully Ulsburrre 

the (oounty) sohool fund aooerdtng to taw" wa@ authorixed 

to pay warrants issued b$ th% aounty %%ltoo i 8up~rinfendenf 

that were valid on their facre but had Man fllqally lbnblsd 

by the %up%rint%ndent. 

k Kentuaky ~886 in point, 00. a feat sttuation siml3.8~ to this one, la the 0888 ef i%porit Bank of Orwrrboro t. 

&&err County hurt, 13, Ky. L, 681, 15 5, Pi. OSIO, in which 

the aourt ssidr 

*!lB% benk viss not % tru%te%, but a mm-e naked 

degaaitary, with tha agents or the aounty to superYuke its eotion. ',hs fund was % tru& fund, to bo 
nmrebl% Albert J. liutson, cr., &age 5 

applied in a particular way, not by the bank, but 

by the 86~ent.S Of the County. 'Lhe bank W66 required 

to know that tts bond or coupon iSSued had been 

si~$~ecl enC deli-red --in other worda, that it Wa6 

tl ~;enuf.ne bond, nodng -ilore ;and the mix% frict 

that it mi&ht have been au OVeXiSSrie Created no 

IlSbllity, UnleSS 'bhere was rmia rend collusion 

betreen t&e bank an& the committee la en appropriation of the runa to $ purpose they knew was unauthorIzeA. It is Stat@ in th6 o~@-iiou below 

that the mxmgera of thlca fuad wore men or the 

hl.gheet order of integrityI and thlS entire trouble 

ha6 orlg;inatsd iron a mistaken judgment in the @austruotion of the law under Which they acted, . '. .* 

For the re660n6 Stated above w think 10 is alearly 

the duty of the trearsurer 6nd the bmtk to pay the VQUOh6r6 

166UOd, to the ileu su&mriutsndeat. 

+“liban&lQUS lie0 CO CiWQ%l the QSXtOXRMllOb OS 6&l aOt 

&leh the law 611njoins 66 a duty resulting fron an ofllioo or 

trust”. Z6 Tsf. Jur, 654. Sea slso t&e aaae of Sitswart v. 

~ongIo60pendent Sehaol Eistrlot, (T6x. cit. app.) 134 8. W. 

. 

our snswor to your f%TSt q,Wltion is *ne*. 

our ~ntmr to your seaona quastlon 1s *ao*. 

Our answer to your third question 16 that th6 new 

SU&mi<6n&6nt 15 entit;lOd to OOapll the treasurer and the 

bank to pay hi6 vouehere by mmbamU~. 

In view of our iorrgoiag anaw6r6 we do not think 

it Is u6065SSry thet we 8wmer your fourth quertlon. 

', Youro very truly