### November20, 1951

Hon. A. W. Walker CountyAttorney Dickens County Dickens,Texas ODinion No. 

### v-1350.

Re: Several 

### questionsregarding the properauthoritiesto maintainen actionto recoverfunds q

isapproprieted by a coordinatorof 8 county veteranatvocetional school. Dear Sir:

Your letterstates in substanceas follows:

The board of county 

### schooltrustee,g 

### balieves, that a former coordinatorof the county~vocatlonalschools (veterans'schools)has misappropriated

some of the schoolmoney. The board has voted to sue the coordinator and his bondsmanfor the sum of misappropriated funds. Pursuantthereto,a member of thatboard requestedyou to representthe board In such civil suit in your capacltgas countyattorney.

You expressthe opinionthatyou, in your capacityas countyattorney,are not required to representthe county schoolboard in thismatter. You submitthe following questionsfor an opinionof this office:

1. Is the countyattorneyrequiredto representthe Board of CountySchoolTrustees of his county In a suit to recover 

### funds alleged to have been mlsap er coordinator(employee Propriatedby a formof veterans'vocational schoolsof such countywhich are au

### thorizedand operatedunderArticle2683Q, V.C.S.?
2. Is the AttorneyGeneral of Texas required to representa county 

### schoolboard in this type of suit?Hon. A. W. Walker, page 2 (v-1350)

3. Trustees,

Does the Board of County School itself, have the authority to maintain the suit indicated?

Article 2683b, V.C.S., provides as follows:

"Sec. 2. The county school trustees of every county in the State of Texas are hereby authorized to maintain, operate and administer special schools in their respective counties and establish classes therein for the education and vocational training of veterans of World War II and also for any other educational benefits which may be provided by law for such veterans, all such schools and classes to be conducted under the jurisdiction and supervision of the respective county school boards in their respective counties.

. . .'

"Sec. 3. The State Board for Vocational Education is hereby authorized to allocate and pay to the respective county boards of trustees of the respective counties in this state, snd such county trustees are hereby authorized te receive, such money ss well as any private donations male for t'he
same purpose and shall stand cl~~i~;ed with the power and duty to maintain, oper:?te and administer the same for tile purposes above stated.

"Sec. 4. The county school trustees 

### are authorized to employ instructors, as they may deem necessary, and to do and perform all things which they deem proper for the successfu.1

operation of such schools, and pay for all such by warrants drswn on funds received by them for the purpose."
Attorney General's Opinion V-759 (1943) points out that the costs for the operation of the "special schools" authorized by that law sre paid by the State Board of Vocational Education to county boards of trustees operating such schools out of Federal funds received by the State Board in accordance with a State plan and contract adopted by the Board and the Veterans Administration. The Federal funds so received and placedHon. A. W. Walker, Page 3 (V-1350).

in the State Treasury have been appropriated 'tothe specific purpose authorized by the Government. The State Board of Vocational Education, acting under Section 3 of Article 2683b, allocates and authorize8 to be paid to each respective county board of trustees budgeted amounts needed for thFs program. A State warrant in lump sum for approved amounts is forwarded to participating county boards, which J.nturn draw warrants on these funds received and deposited by them for this purpose. Sec. 4, Art. 268313, V.C.S.

ArtFcle 2683 provides in part as follows:

"The county school trustees of each county shall constitute a body corporate, by the name of the county school trustee8 Of County, State of Texas, and in that name mas acquire landhold real and personal property, sue and be,sued, and may receive bequests and doII.ati.On8 or other moneys or funds coming legally into their hands, and may perform ot'her acts for the promotion of education in the county.

. . ."

The genera1 authority oT a c&ntg attorney, illsofar

aa civil actions are concerned, is derived from the Constitution and statutes of this State. Section 21 of Article V of the Constitution provides as follows:

I,

. . The county nttortieys sixoIl Inepresent the State in all cases in the District and inferior courts in their respective counties;.

. .'

The principal purpose of this constitutional provision creating the office of county attorney was to make its main function the Drosecution of criminal
cases. Bredy v. Brooks, 99 Tex. 366, 89 S.W. 1052 (1905); 15 Tex. Jur. 395, Dlstrlct and Prosecuting Attorneys, Sec. 11. This provision has been construed
as not prescribing any duties for county attorneys other than such 88 are required to be performed for the State. Spencer v. Galveston County, 56 Tex. 384 (1882). Nor does it give to the county attorney authority to Lnstitute a proceeding unless he is given that power by stat;u",e.

Wexler v. State, 241 S.IJ.231 (Tex. Civ. App. 1922); Chicago, R.I. & G. Ry. Co. v. State, 264 S.W. 127 (Tex. Civ. App. 1924).Hon. A. W. Walker, page 4 (V-1350)

But the Legislature has, from time to time, conferred additional duties upon the county attorneys. The statutes governing county attorneys generally and providing for their duties are Articles 329-341, V.C.S. In your letter you refer to Articles 334 and 339, V.C.S.

Article 334 provides that district and county attorneys shall advise and give opinions to the various county and precinct officers. But this statute does not require a county attorney to file a civil suit for
a county school board, nor does it mean that the county attorney has the right to represent the county or its county school board in all such suits. a-3656 (1941). Att'y Gen. Op.

Article 339 provides that when it comes to the knowledge of any district or county attorney that any officer in his district or county entrusted with the collection or safekeeping of any public fund8 is neglecting or abusing the trust confided in him or is failing to discharge his duties under the law, he shall institute such proceeding8 as are necessary to compel the performance of such duties and to preserve and protect the public interests. Eut it is clear, in the light of the provisions of Articles 2683 and 268313, that a coordinator, an employee of w county veterans' school, is not a county officer entrusted with the collection or safekeeping of any public funds of such s&ecisl schools of the county, within the meaning of Article 339. See Looscan v. Harris Count& 58 Tex. 511 (l%%); Ee:.:ar County v. Davis, 223 S. 1. 558 (Tex. Civ. P3$p.m,
error ref.mt'y Gen. Ops. O&r,34 (1945) 3113 v-759, supra.
While there are other statutes which authorize suit by the county attorney in particular cases, as for example, Article 6716, V.CS. (damages to public roads),
we find no statutory authority or directicn for his representing the county school board in civil proceedings of the nature involved in your fact situation. Accordingly, we agree that you may not properly bring the suit mentioned on your own initiative as county attorney, nor does the law require you to institute such suit as county attorney at the request of the county school board. See Att'y Gen. Op. O-225 (1939).

Section 22 of Article IV of the Texas Constitution contains the following provision with reference to the Attorney General:.



### ,Bon. A. W. Walker,Page 

### 5 (v-1350) *

"He shell representthe Stats in 011 suits end pleas in the SupremeCourt of the State in uhioh the Statemay be 8 party

. . . end performsuch other duties ~8 aey 

### be 7?equii-0a

by law.”



### We have been unableto find any provisionin the~lewsapplicableto the office of AttorneyGeneral which authorizesor requiresthat officer 

### to represent the 254 county schoolboards of this State Ln civil suits of the nature involvedin the submlttedfact situation.

In vFew of the provlslonof Article2683, hereinabovequoted,which constitutesthe countyschool board e body corporateend vests it .with the power to 

### sue or be sued in that capacity,it is our 

### opinionthet the county 

### schoolboard Ftaelfwould 

### have authorityto meintalnthe suit lndlcetedand to emolw an attorney to representthe board. See Arrin@oh v: Jones, lqlS.W. 361 (Tex.Civ. App. 1 17):St endentSchoolDist., 13 z euert v. Newton 

### InS.W.2d 429 (Tex.Clv. App. 9). Loerd v. Como, 137 S.W.2d 880 (Tex.Civ. App. 0,'erromndependent SchoolDistrictNo. 1 v. Common schoolDistrictNo. 1, 55 P.2a 144 (IdahoSup. 936). ,

Neither a countyattorneynor the Attorney 

### General 1s requiredor authorizedby law 

### to institutea civil suit 

### at the requestof a county schoolboard againsta coordinatorof specialveterans'vocationalschoolsof the countyfor recoveryof schoolfunds allocated ' to and receivedby the countyboard underartlcle 2783b,V.C.S.,and subsequentlymisappropriatedby the coordinator. UnderArticle 2783,V.C.S., the county schoolboard itself may mefntaLnsuch a suit againstthe coordinator and his bondsman,and may employ an attorney in Its behalf.

APPROVRD:

'J.C. Davis, Jr. 

### County Affair8Dlvlslon
Jesse 9. 

### Luton,Jr. ReviewingAssistant
gw%:i*t:"ws : CRO:wh Yours very truly,

PRICEDANIEL AttorneyGeneral

By&-= fcbChesterE. Ollison

Assistant