November 9, 1951. 

Hon. J. W. Edgar., Opinion No. v-1342. 

Commissioner of Education, 

Texas.Education Agency Be: Applicability of 

Austin, Texas "Non-Subversive 

Oath" to employees~ 

of local school 

districts and Pub-' 

Dear Sir: lit Junior Colleges. 

You have requested an opinion of this office in regard to the following questions: 

"1. qnder what conditions, if any, 

wou1d.person.s employed by local school 

districts be required to execute the 

l'Non-Subversive Oath" required in Article VI, Section 1, of H.B. 426 Acts S2nd 

Leg., R.S. 1951 ch. 499 p. 1228 (the 

general .approprlatlon bill for the bien-. 

nium ending August 31, 195311 

"2. Under ihat conditions, if any, 

would teachers employed in public junior 

colleges be required to execute the "Non-. 

Subversive Oath" required in Article VI, 

Section 1, of H.B. 426, Acts 52nd Leg., 

R.S. 195l, ch. 499, p. 1228?" 

Sections, 32 and 33 of Article III, House 

Bill 426, suurq, appropriate the necessary money for 

the State's contribution to the Foundation School 

Program for the biennium ending August 31, 1953. 

These funds are distributed to all participating 

school districts in accordance with the formula set 

out in the Foundation School Program act. Arts. 2922-~ 

11 et seq., V.C.S. Your letter states: 

Such funds are commingled in 

the dIpoli;ory bank for each school district with local funds derived from taxation and other ,local sources. Compensation to individuals~ for personal services 
Hon. J. W. Edgar, page 2 (V-1342) 

rendered and other operating costs of 

the district are paid from such commingled funds upon order of the local 

board of trustees." 

Thus money appropriated by House Bill 426,: 

sunra, is being used to pay, at least in part, the 

salaries of local school district employees. 

House Bill 426 also appropriates to the 

State Board of Education the unexpended balance and 

income of the State Available School Fund for expends 

itures in accordance with the laws of this State. 

Art. III, H.B. 426, suora, at pe 1319. Article 2827: 

V.C.S., provides in part: 

"1. The State and county available funds shall be used exclusively 

for the 'payment of teachers' and superintendents' salaries, fees for taking 

the scholastic census, and interest on 

money,borrowed on short time to pay salaries'of teachers and superintendents, 

when these salaries become due before 

the school funds for the-current year 

become available; provided that no 

loans for the purpose of payment of 

teachers shall be paid out: of funds oth-~ 

er than those for the then current year. 

fl2. Local school funds o 0 e may 

be used ~. . . for the payment . . . of 

janitors and other employees. . .j provided that when the State available 

school fund in any city or district is 

sufficient to maintain the schools thereof in any year for at least eight months, 

and leave a surplus, such surplus may be 

expended for the purposes mentioned herein." 

House Bill 426 also contains the "Bon-subversive Oath" requirement, Section 1 of which provides: 

"No money appropriated by this Act 

shall be paid to any person as salary or 

as compensation for personal services unless and until such person has filed 
Hon. J., W. Edgari page 3 , (V-1342)~ 

with the payroll clerk or official, by. 

whom such salary or other compensation 

is certified for payment, Bn’dath.or 

affirmation stating: . . .I’ 

In our Opinion v-1263 (195l), we held valid 

all of the Non-Subversive Oath except the retrosPective portion’ thereof. A copy of this opinion is attached. .‘, . 

Since it is clear from your letter that 

of the appropriated money is commingled with‘:furids 

part 

from others sour&es to pay salaries and’ other Personal 

services’ compensation, it will be ,necessary.,for all 

persons receiving salary or compensatibn~,from, such commingled funds to take the required oath. This is necessary to insure that all of the StateIs appropriation is 

handled in compliance with the above section. Thus, a 

person in any one of the above categories who receives 

all or a portion of his salary or compensation from moneys coming originally from the State Available School 

Fund or the general fund must take the oath prior to receiving payment. 

The funds in the general appropriation bill 

for the Public Junior Colleges are to be expended only 

for the “payment of adequate instructional salaries and 

the purchase of supplies and materials re uir d for adequate instruction.” 

1445. 

Sec. 5, Art.IV of 3.3.42$-,at.p. 

Those instructors whose salary or compensation 

will be paid in whole or in part from these funds are 

required to take the “Non-Subversive Oath” prior to receipt of the salary or compensation. 

suMMARg 

All persons receiving salary or compensation from funds that are in whole or 

in part received from State appropriations 

in the general appropriation bill to the 

Foundation School Program, or from funds 

appropriated from the. State Available 

School Fund, or the Public Junior Colleges 

appropriation must execute the “Non-Subversive Oath” as set out in Att’y Gen. Op. 
Hon. J. W. Edgar, paga 4% (V-1342) ' 

v-1263 (1951) prior to receipt'of 'the salary or compensation. 

Youis ver+ truly 

APPROVED: 'PRICEDANIEL 

Attorriey.Genekal 

C. K. Richards : 

Trial & Appellate Division 

Everett Hutchinson 

Executive Assistant 

Charles D. Mathews 

First Assistant 

ENT:wb 

Assistant 

.' :