## 653

**OFFICE OF**  **THE AlTORNEY**  **GENERAL OF**  **TEXAS AUSTIN**  **GROVER SELLERS**  **AI~ORNCY GENERIL** 

Hon. John C. Marburcer County Attnrney Fayette County LaGrange, Texas
Dear Sir:

opinion of this d reads, in part, requesting the iions stated therein,

your opinion whether ourt maylegally pay by the County Superinsubjeot, I find that the of Texas, Article 7, has madeextann8 for our ehoational system, Artin42 of the Texas Con&i t.utfon proe legislature shall pass such laws necessary to oarry into affect the f this Constitution. Apparently the office of County Superintendent is not a constitutional office, but has bean created by the 1eSlslature byvirtue of the above mentioned constitutional provisions. In faot, Section 16, of Article 7, provides that

‘The legislature shall fix by law the terss of all offices of the Public Sohool System ana of the State Institutions of higher education, **imlusi9s,** and the terms of members of the respective boards, not to exceed six years’

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## 654

**Hon.** John C. Earburger, page 2

“Apparently, in pursuance of the above mentioned constitutional provisions, the legislature enacted Article 2688R.C.S. which creates the offioe of County Superintendent, the tern of office, etc., and also provides that: *----and whoahall be provided by the Commissioners* Court with an office in the courthouse, andv:l.th neoessary office furniture andfixtures ----*.

“It will be noted that Artlols 2688, R.C. S. as amendedwas enaoted :n 1932, whereas the legislature in 1935 enacted Article 3899 B. R.C.S. whlah provided ln parts as follows:

*seotion 2. Suitable offioee **and** stationery andblanks necessary in the performanoe of their duties magin the disoretion of the Commissloners~ Court slso be furnsshed to resident --- county Superintendent --- andmaybe paid for on order of the Commissioners* Court out of the County Treasury. t WIhave not been able to find ang other statutes on the above question, and thererore, sinoe Artiole 3899 B was passed subsequent to Artiola 2688, it is myopinion that it would not be mandatory on the Conrniasioners’ Court to furnish suitable offioes and stationery andblanks necessary in the performance 

### of their duties, for the County Superintendent, but that the Court, in its discretion, mayfurnish the 

### 88810If they so desire. Onthe other hand, Article 3899Rdoes not legislste on office *furniture and fixtures”, andtherefore Article 2688R. C. S. would control,and that it would be mandatory upon the Commissioners* Court to furnish the “neoesaary offioe furniture and fixtures” to the bounty Superintendent. In tirls oonnection , drtiole 2700R.C.S. makes provision8 ror Lhe necessary offioe andtraveling expenses of the County Superlntends&. This Article was apparently rassed as amended, in 19I,3. In tills aonneotion it would be my opinion that the Commissioners’ Court would not be a~;~tnorized to pay any expenses of the County Superintendent’s office not provided for in said Artioles 2688 and 3899 B R.C.S., but suoh 

### 0rri00 expenses must be provided for as set forth in said Article 2700 R.C.S.”


## LHon. John C. Larburger, page 3

Art. 2688, Vernon’s Annotated Civil Statutes, reads in part, as r0110wa:

WTheCo.mmissioners Court of every oounty having Three Thousand (3,000) scholastic population, or more, es shownby the preceding soholastio census, sLal1 et a general election, provide ror the election of acounty superintendent to serve for eterm 0r four (I-) years, whoshall be aperson of educational atteinments, good moral oharaoter, qnd executive ability, andwhoshall be provided by the Commissioners’ Court with an office in the courth~,use, 2ndwith necessary offioe furniture and rixtures..

..n Section 2of Article 3899B, V. A. C. Y., provides:

“Suitable offices and stationery andblanks necessary in the performance of their duties may under the disoretion of the Commissioners1 court also be rurnished to resiaent i?istriat Judges, resident IJistrict and County attorneys, County Superintendents and County Surveyors, andmaybe paid for on orders of ,t.heCommissioners* kurt out or the County Treasury.” Artiole 2688, and 3899B, V. A. C. S., authorize the County Commissioners’ Court to provide tar certain needs of the County School Superintendent. In determining the q,uestion under consideration, it is our opinion that the roregoing statutes must be considered and aonstrusd together.

In our Opinion No. O-1781, a copy of whloh has bean rarwaraea to you, it is stated;

*Under Art. 2688, it is ma~ndatoryupon the Commissioners~ Court to furnish the’aounty Sohool Superintendent with an offioe andwith neoessary office furniture and fixtures. It is aisoretionary with the County Commissioners’ Court as to whether or not it will provide suitable offices, and stationery andblanks under Art. 3899B. construi.nF, the two statutes together, it is our opinion that the County Commissioners’ Court must furnish the County School Superintendent vith a suitable office andnecessary offioe furniture and equipment, but mayuse its discretion in the matter of supplying stationery andblanks.”



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## 656

Hon. John C. Marburger, page 4

Speoirloally answering the questions presented in your inquiry, it is our opinion, 

### that it is mandatory upon the Comnissionersl Court to furnish the County Sohool Superintendent with an office, and if an office is not available in the oourthouse, 

### the Co.mmissioners~ Court must rurnish the County Superintendent with an oiTioe andpay the rent for such 

### 0rri0e.In view of what has bsen said in our Opinion No. O-1781, aportion of whioh has heretofore been quoted, we deemit unneoessary to discuss further the aatters presented in your inquiry.
Yours very truly ATTORNZYGXXXRALOFTIXAS

Ardell Williams Assistant.