November 9, 1951.

Hon. J. W. Edgar., OpinionNo. v-1342. Commissioner

of Education, Texas.Education

Agency Be: Applicabilityof Austin, Texas "Non-Subversive Oath" to employees~ of local school districtsand Pub-' Dear Sir: lit Junior Colleges.

You have requestedan opinion of this office in regard to the followingquestions:

"1. qnder what conditions,if any, wou1d.person.s

employedby local school districtsbe 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 teachersemployed in public junior collegesbe required to execute the "Non-. SubversiveOath" required in ArticleVI, 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, appropriatethe necessarymoney for the State's contribution to the FoundationSchool Program for the biennium endingAugust 31, 1953. These funds are distributedto all participating schooldistrictsin 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 commingledin the dIpoli;orybank for each schooldistrict with local funds derived from taxation and other ,local sources. Compensation to individuals~ for personal servicesHon. J. W. Edgar, page 2 (V-1342)

renderedand other operatingcosts of the districtare 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 salariesof local schooldistrict employees.

House Bill 426 also appropriatesto the State Board of Education the unexpendedbalance and income of the State AvailableSchool 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 scholasticcensus, and intereston money,borrowed

on short time to pay salaries'ofteachersand superintendents, when these salariesbecome due before the school funds for the-currentyear 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 currentyear.
fl2. Local school funds o 0 e may be used ~. . . for the payment

. . . of janitorsand other employees.

. .j provided that when the State available school fund in any city or district is sufficientto maintain the schools thereof in any year for at least eight months, and leave a surplus, such surplusmay be expended for the purposesmentionedherein."

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 servicesunless and until such person has filedHon. J., W. Edgari page 3 , (V-1342)~

with the payroll clerk or official, by. whom such salary or other compensation is certifiedfor payment,Bn’dath.or affirmationstating:

. . .I’

In our Opinionv-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&esto pay salariesand’ other Personal services’

compensation,

it will be ,necessary.,for all persons receiving salary or compensatibn~,from, such commingled funds to take the requiredoath. 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 originallyfrom the State Available School Fund or the general fund must take the oath prior to receivingpayment.

The funds in the general appropriation bill for the Public Junior Colleges are to be expendedonly for the “paymentof adequate instructional salariesand the purchaseof suppliesand materialsre 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 FoundationSchool 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'thesalary or compensation.
Youis ver+ truly

APPROVED: 'PRICEDANIEL Attorriey.Genekal C. K. Richards : Trial & AppellateDivision

EverettHutchinson ExecutiveAssistant

CharlesD. Mathews First Assistant
ENT:wb Assistant

.' :