653 

OFFICE OF THE AlTORNEY GENERAL OF TEXAS 

AUSTIN 

GROVER SELLERS 

AI~ORNCY GENERIL 

Hon. John C. Marburcer 

County At tnrney 

Fayette County 

La Grange, Texas 

Dear Sir: 

opinion of this d 

reads, in part, 

requesting the 

iions stated therein, 

your opinion whether 

ourt may legally pay 

by the County Superinsubjeot, I find that the 

of Texas, Article 7, has made extann8 for our ehoational system, Artin 42 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 by virtue 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’. 
654 

Hon. John C. Earburger, page 2 

“Apparently, in pursuance of the above 

mentioned constitutional provisions, the 

legislature enacted Article 2688 R.C.S. which 

creates the offioe of County Superintendent, 

the tern of office, etc., and also provides 

that: 

*----and who ahall be provided by the 

Commissioners* Court with an office in 

the courthouse, and v:l.th neoessary office 

furniture and fixtures ----*. 

“It will be noted that Artlols 2688, R.C. S. 

as amended was 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 and blanks necessary in the 

performanoe of their duties mag in the 

disoretion of the Commissloners~ Court 

slso be furnsshed to resident --- county 

Superintendent --- and may be paid for 

on order of the Commissioners* Court out 

of the County Treasury. t 

WI have 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 

my opinion that it would not be mandatory on the 

Conrniasioners’ Court to furnish suitable offioes and 

stationery and blanks necessary in the performance of 

their duties, for the County Superintendent, but that 

the Court, in its discretion, may furnish the 88810 If 

they so desire. On the other hand, Article 3899 R does 

not legislste on office *furniture and fixtures”, 

and therefore Article 2688 R. 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 2700 R.C.S. makes provision8 ror Lhe 

necessary offioe and traveling expenses of the County 

Super lnt ends&. 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.” 

L 
Hon. John C. Larburger, page 3 

Art. 2688, Vernon’s Annotated Civil Statutes, 

reads in part, as r0110wa: 

WThe Co.mmissioners Court of every oounty 

having Three Thousand (3,000) scholastic population, or more, es shown by the preceding soholastio 

census, sLal1 et a general election, provide ror 

the election of a county superintendent to serve 

for e term 0r four (I-) years, who shall be a person 

of educational atteinments, good moral oharaoter, 

qnd executive ability, and who shall be provided by 

the Commissioners’ Court with an office in the 

courth~,use, 2nd with necessary offioe furniture and 

rixtures.. . . n 

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

“Suitable offices and stationery and blanks 

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, and may be 

paid for on orders of ,t.he Commissioners* 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~ndatory upon the 

Commissioners~ Court to furnish the’aounty Sohool 

Superintendent with an offioe and with 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 and blanks 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 and necessary offioe furniture and 

equipment, but may use its discretion in the matter 

of supplying stationery and blanks.” 

I 
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 and pay the rent for 

such 0rri0e. 

In view of what has bsen said in our Opinion No. 

O-1781, a portion of whioh has heretofore been quoted, we 

deem it unneoessary to discuss further the aatters presented 

in your inquiry. 

Yours very truly 

ATTORNZY GXXXRAL OF TIXAS 

Ardell Williams 

Assistant.