Hon. J. M. Reiger

County Attorney Stenhens COuntY Breckenridge,

Texas

Dear Sir: OpinionNo. O-7124 Re: Constructionof Article 2753,

with referenceto whether V.A.C.S., Veteransmay be given preference in the purchase of abandonedrural school buildings of a common school district

Your request for opinionhas been received and carefully consideredby this Department. We quote from your request as follows:

“Article 2753 Texas School Law, ‘Sale

t of School Property , states, ‘The Trustees of any school district,upon the order of the county trusteesprescribingthe terms thereof’ etc. We have a number of rural school buildings not in use, which may be sold. Does the County Board of Educationhave the authority to limit the bidding on the buildings,in case they are sold, by public auction or sealed bids to veterans only?

“Please let us have an opinion on this interpretation

of that part of the law which says ‘prescribing

the terms thereof’, or whether it can be applied to limiting the sale of the abandonedrural school buildings to servicemen.”
Article 2753, Vernon’s AnnotatedTexas Civil Statutes, reads as follows:

“The trustees of any school district,upon the order of the county trusteesprescribing the terms thereof,when deemed advisable, may make sale of any propertybelonging to said school district,and apply the proceeds to the purchase of necessary grounds, .orto the building or repairingof school houses, or place the proceeds to the credit of the available school fund of the district.NHon. J. M. Beiger - Page 2

Article 2753, supra relates only to common school districtsand does not apply $0 independentschool districts. See Opinion No. o-6554 of this department,a copy of which is enclosedherewith. Said opinionNo. o-6554 also holds that sales of independentschool districtpropertymay be made at either private or public sale.

The discretionand powers of school trusteesmust be exercised so as to best serve the interestsof the public. Union IndependentSchool DistrictV. Sawyer, 259 S. W. 637. However, in the absence of a showing of aorruption,fraud or bad faith viewed. A the discretionof school trusteeswill not be reavis vs. Hemphill, 243 S. W. 691.

The courtswill not interfere with boards of education in carrying out the powers and duties required of them by law unless there has been a clear abuse of discretionor a violation of law; unwarrantedinterference would be to substitute the discretionof the courts for that of the boards. 37 Texas Jurisprudence, p. 942.
Many federal and state laws alike make preferencesin favor of veteranswho have rendered services to their country, however, Article 2753, supra, does not make any such preferences, and it is, therefore,our opinion that Article 2753, supra, does not authorizethe limitationof bidding on school property to veterans only as outlined in your letter.

However,we wish to point out that Article 2753, supra, does not require a public sale of such property and it is our opinion that the Board would clearly have the authorityto make
a valid sale of said property to a veteran, or to any other person for that matter, at private sala so long as the sale was regular, fairly made and for the best p&e obtainable. Any person desiring to attack such a sale would have the burden of showing wherein the Board had abused its discretionin the matter.

APPROVEDMAR 22, 1946 /s/ Grover Sellers ATTORNEYCJENERAL

OF TEXAS

APPROVED:OPINION COMMITTEE BY: BWB, Chairman

WJF:BT:wb Very truly yours

ATTORNEX GENERAL OF TEXAS
By /s/ Wm. J. Fanning Wm. J. Fanning, Assistant