GEEAID C. MANN 

-N 

A’PTOWN~ e3dcNKHAL 

AUNTIN al. TXZKAR June 13, 1939 

Honorable Pegton Burke 

County Auditor 

Falls County 

Marlin, Texas 

Dear Sir: Opinion No. O-943 

Re: From what funds should payment 

for election supplies used in 

a county school trustee election be made? 

Your request for an opinion on the above-stated question has been received by this office. 

Article 2676 Revised Civil Statutes, reads as follows: 

"The general management and control of 

the public free schools and high schools in 

each county, unless otherwise 

(5 P 

roviaea by 

law shall be vested in five county school 

trustees elected from the county, one of 

whom shall be elected from the county at 

large by the qualLfied voters of the common 

and consolidated independent school districts 

of the county, and one from each Commissioners' 

Precinct by the qualified voters of each CommIssionersl Precinct, who shall hold office 

for a term of two years. The time for such 

election shall be the first Saturday in April 

of each year; the order for the election of 

county school trust,.eas to be made by the county 

judge at least thirty days prior to the date of 

saia election, and such order shall designate 

one voting place for each common school district. The election officer appointed to hold 

the election for trustees in each common school 

district shall hold the, election at the same 

place thereIn for the county school trustees. 

Each year there shall be elected alternate1 

two (2) county school trustees and three (3 7 

county school trustees in each county. The 

State Superintendent shall prepare a proper 

form of the ballot to be used in such election and such other explanation of the laws 
Honorable Peyton Burke, June 13, 1939, page 2 o-943 

as he deems necessary, ana transmit the same 

to the county judge of each county at least 

sixty days prior to the date of such election. 

All vacancies shall be filled by the remaining-trustees. All elections heretofore held 

in accordance with the foregoing provisions 

of this sectIon are hereby in all things validated and all trustees 80 elected shall continue to hold office until the expiration of 

the term for which they were originally electea. 

"All laws and part8 of laws in conflict 

herewith shall be and the same are hereby repealed." 

Article 2746b, Revised Civil Statutes, provides as 

follows: 

"All expenses incurred in connection 

with or incidental to any school ai8triCt 

election in connection with the public 

school within 8UCh 8ChOOl district shall 

be paid out of the available maintenance 

fund belonging to such district for the 

fiscal year during which such election 1s 

held, or out of funds accruing to said ai8- 

trict for the next ensuing fiscal year; 

provided, however, that the payment of any 

such expense8 out of the funds accrued or 

to accrue to such school di8tirCt for the 

fi8Cal year after the gear in which such 

election is held shall be authorized by 

the county superintendent prior to the holding of such election." 

YOU are respectfully adVi8ed that it 18 the Opinion 

of this department that the election supplies used in the 

election of county school trustee8 should be paid for out of 

the varLou8 available maintenance funds belonging to such 

ai8triCtS in which such election is held. 

Trusting that the foregoing answers your inquiry, we 

are 
. - 

Honorable Peyton Burke, June 13, 1939, page 3 o-943 

Your8 very truly 

ATTORNEY GENERAL OF TEXAS 

By s/Ardell Willilzms 

Ardell Williams 

Assistant 

AX-MR-WC 

APPROVED: 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/GOB Chairman