Honorable 'Ia Id.Trimbli Mret Aaeietant, State Supt0 of Publio'Izetruetiw Austin, Texar Dear Sirt opinion Roor O-5647, Res kiministration of affairs of Enlarged Sohool M&riots for Rural High School Purposes. We reply to your inquiry of August 11,1945,whioh reads as followas "Whenan independenteehoel dietriot lr enlargedEgrannexation of ocnunon

school dietriateby aotion of the,Couuty Board of Trustees,as provided for in Article 2922s,R.,C. 8. Who is to administerthe affairs of the enlarged rohool dietriot?

s Who is to controlthe assets of the elementary sohool districts composingthe rural high eohool distriot? "Is the County Superintendententitledto continueto hold on to these funds, or should they be turned over to the Board of Troetees of the Rural High S&o01 Eistrid?~ "This opinion request is b.sing,sufmitted in view of the resent opinionNo. O-5462,which was rendered at the request of the CountyAttorney of Menard County, regardingthe handling of the sohool propertybelonging to the elementarydistricts of the Menardtille IndependentSohool District.* Artioles 2922a and 29220,V. Ae C. Se, provide fop establishingrural high schooldistriots by the County school trustees* Arbiele 2922e,V. A, C. S,, provides for the controland management of rural high school dietriots, It reads in part as followss "The controland management of the schools of a rural high sahool .dietriat;prtsEl~~~S,~r~eM,ip~~eEal'of:~i~Aot( shall;W veeted ig a boa@.of ~e~:CPns&eema eleotld bythkpuelifiM. voters of the said.dietrfet,etlarge, l . . " Articles 29221, 2922j and 2922k,V, 'A.C. S,, ,provide as followssHonorable T. Md.Trimble,page 2

'"Art.29221.Warrants "All Funds of evel?r nature to which a rural high sahooldistrictmay be entitled shallbe pid out of warrants Issuedby the secretary and signed by the seoretary and president of the board of trustees and amroved by the countysuperintendent cf public Instruction. The board of sahool trustees shall seleot Its onnpresident and secretary, each of whhamshallbe a member of the board. The secretary shall keep a complete Itainiaed rooount of all receipts and disbursements In a wellbound book ovmed and paId,for by the districts and his accounts shallbe approvedby the county superintendentand by the county board of aohool trustees at the end 

### ofeach scholasticyeare No school funds shall be allotted or apportioned and paid to any ruralhigh schooldistrict for the followingyear thereafteruntil this report is euhnittedto and approved by the county superintendent and the Wants Ward of.sohool~ triMtees ..,: eArt. 29225.Deposit and disbursement of'funds eAll funds belonging to a rurallhigh school district shall be deposited in the county &posit&y and disbursed in the semsmanner as other funds are disbursed from such depositoryunder the depository law in so far as same ars applicable." *Art. 2922k. ~Controlby and of trustees ?A11 rural high schoolswithina rural high.sahooldistrict herein provided for shall be under the immediate oontrol of the board of school trustees for such rural high schoolssand suoh board of school trustees shall be under the control and supervision of the county superintendent and county board of school trustees, and shall be subjecttq the same provisions of law and restrictionsthat conanon schooldistricts ars now subjeat to, exceptwhere otherwise provided herein." Article 29221,V. 

### A. C. S.,which is the amended Section 12 of Chapter 59, Acts 

### of the 39th Legislature, thenoriginalRural High SchoolAct, empowers the board of trustees of a'rural high school dietriot to levy and oollect maintenance and bond taxes for said distriatp~afterIming authorized by an election held for said purpose or purposes; and also provides; * . that the local taxes previously authorizedby a district OP d&hi&s included in a rural high school district
. . . shall be continued in force until such time as a uniform tax may be provided for the benefit of the rural high school distrioto" lkder the provisions of said Section 12, It is the duty of the board of trustees of a rural high schoolto cause to be levied, assessed and collected in each of its constituezit'distriots the same tax which said districts had previouslyauthoriaed. McPhail v. Tax Collector, (CivaApp.) 260 S. 17.260, error refused* The following quotatiob from said ease of~MoPhmi1~b'~ar.Golleotof ia: wsy instructiveand enlightsningr:Honorable T, & Trimble.page 3

"The law charges the trustees of the high school distriotwith the duty of naintairing the elementary schools of the consolidated district, and, in addition,are recpGlired to establish and ma5.ntaj.n therein a high school, and to accomplish them purposes, are authorized to use all avilsblemsintenance funds. (BphAsis ours) Bzfunds should be kept and aoministored separately from maintenance funds, and likewise the bond fund of one district should be kept sepsrate from the other0 Noney belonging to a bond fund cannot be used f’rlr r&inttx>aaoe~ nor can the bond fund belony,in::to either of the elementarydistri,ots be used In ?E!hg the Indebtedness of the other. "The law commits the details of adminlctration in these respects to the sound judgment of the trxtees,. . . W etc. While the McPhail easewas decided previous to any amendments to said Rural Kigh **SchCol** Aat of 1926, Chap. 1% of Title 49, V. A. C. S., we have discoveredno amendrentsthereto which would affect the judgment rendered therein. It is alsc to be observed that in said McFhail case on electionwas held authorizingthe assumption @r said rural high school district of the outstanoing 'Jonded ir'ebtednessor its ccnstituentdistricts, as authorized byArt. 2922h,V. A, C, S,, before and since being emended. Until thus assumed by the enlarged district, said indebtednessremained a charge exclusively against the district iseuing the bonds, and the trustees of the enlarged districtwere char,gedwith the duty of levying from year to year, and collectinga sufficienttax from t:e district issuing the bonds, to discharge its obligation. Seation 13 of Ch. 59, aforesaid,Acts of 1925, provides that sAl1 laws and parts of laws in oonflictwith any provision of this A:t ere hereby repealed." Since this opinion is requested in visw of our recent opinion Moe O- 5462, regarding the handling of snhool proper+;: belonging to elementarydistricts, and since said opiniqn is so closelyrelated to the subjectmatter of this opinion, we ,rafer to and make a pa& henxffor all purposes, the same as if written fully herein, said opinion **MO.** O&462

. However, regarding the secondparaf;rapJ? on page #% of said Opi~nion No. O-5462, you are advised that funds cf an elementarydistrict,when used to maintain a high school in a rural high school district or in an enlarged district 7r~ annexation, are usad fo: ,tha &nefit of XI& elementary district,provided there is no actual or threatenedviolation of law or abuse of discretion b the trustees **of** said rural hi@ schooldi~strict or said enlargeddistrict by annexation in so using any of said funds. See MoPhail V. Tax Colleotor, supra. ln view of the foregoing, the three questions contained in your CommioatiOn are respectivelyanswered as follows8Honorable To 1:.Thimble,page 4

(1) The affairs of the enlarged school district are to be administered by the Board of Trustees of said enlarged district. (2) The assets of the slementary school districts composingthe rural high school district are controlled by the Board of Trustees of said Rural High School District, and are to be administeredby said Board in aooordance with the provisions ofArticles 2922~~-2922L,,V.A. Co 60 (3) The funds of elementary sohool dlotriots pass by operation of law to the control of the trustees of the rural high school district of whioh they are constituentpar'is. Therefore, it necessarily follows that your third questionmust be answered in the negative. Very trulyyours A!lTOFOi%Y GENEXUL OF TEXAS a/ L. H. Flewellen


### By L. H. Flewellen

. Assistant LHF/JCP Approved Sept,30,1943 Grover Seller FirstAssistant ATTORFJFSGENERAL APPROVXD OPINION COhXITTEE BY BWB CHAIBMti