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 electionbe made?

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

Article 2676Revised Civil Statutes, reads as follows:

"Thegeneral management and control of thepublic free schools and high schools in each county, unless otherwise (5Proviaea 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 thequalLfied 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 oftwo years. The time for such election shall be the first Saturday inApril of each year; the order for the election of county school trust,.eas tobe madeby the county judge at least thirty days prior to thedate of saia election, and such order shalldesignate
onevoting place for each common schooldistrict. The election officer appointed to hold the election for trustees ineach 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 (37 county school trustees in each county. The State Superintendent shall prepare aproper form of the ballot tobe used in such election and such other explanation ofthe lawsHonorable Peyton Burke, June 

### 13, 1939, page 2 

### o-943

as hedeems necessary, ana transmit the same to the county judge of each county at least sixtydays prior to the date of such election. All vacancies shallbe filled by the remaining-trustees. All elections heretofore 

### held inaccordance with the foregoing provisions of this sectIon are hereby inall things validated and all trustees 80 elected shall continue to hold office until the expiration of the term forwhich theywere originally elect

### ea.

"All laws and part8 of laws inconflict herewith shallbe and the same are hereby repealed."

Article 2746b, Revised Civil Statutes, provides as follows:

"All expenses incurred inconnection with or incidental toany school ai8triCt election inconnection with the public schoolwithin 8UCh 8ChOOl district shall be paid out of the available maintenance fund belonging to suchdistrict for the fiscal year during which such election 1s held, or out of funds accruing to saidai8- trict for the next ensuing fiscal year; provided, however, that thepayment ofany such expense8 out of the funds accrued or toaccrue to such school di8tirCt for the fi8Cal year after the gear inwhich such election isheld shall be authorized by the county superintendent prior to the holding of such election."

YOU are respectfully adVi8ed that it 18the Opinion of this department that the election supplies used inthe election of county school trustee8 should be paid for out of the varLou8 available maintenance fundsbelonging to such ai8triCtS inwhich 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 OFTEXAS

By s/ArdellWillilzms Ardell Williams Assistant

AX-MR-WC

APPROVED: s/Gerald C. Mann ATTORNEY GENERAL OFTEXAS
Approved Opinion Committee By s/GOB Chairman