R-967

Honorable P. W.Minter County Attorney Jim Hogg County Hebbronville, Texas Opinion No. V-464 Re: The liability ofJim Hogg County Independent School District~to pay for services which Thos. Y. Pickett &Co. rendered in connection with passage of S.B. 304, 50th Legislature. Dear Sir: We refer toyour letter requesting an opinion as tothe liability, if any, ofJim Hogg County Independent School District to Thos. Y. Pickett &Co. for services rendered in connection with the passage of S. B. 304, 50th Legislature, Regular Session, Acts 1947. We appreciate receiving your attached copy ofthe opinion and brief by Mr. John C. Beasley.

We quote from acopy of the letter addressed toyou on the matter by Hon. W. W.Jones, Trustee, Jim Hogg County Independent School District, as follows:

“At ameeting of the Board ofEducation of the Jim Hogg County Independent School District held on Friday, November 14, 1947, at lo:30 a.m. inthe office of the superintendent of schools, the following motion was passed:

‘that no action be had on the following statement to say:Oct. 1, 1947 Jim Hogg County Independent School District in account with Thos. Y. Pickett & Company. Services rendered, and expenses incurred in connection with passage ofSenate Bill #304, creating Jim Hogg County Independent School District, County-wide - - - - $5,000.00 Thos. Y. Pickett k Company Signed Thos. Y. PickettHonorable P. W.Minter, Page 2(V-464)

until the opinion of the Attorney General of Texas is obtained concerning its validity.’

‘“And in connection with this matter Iam enclosing toyou an opinion rendered tome by my attorneys that raises a serious question as to the liability of our school district for this statement that has been rendered to it.” Inview ofthe holding in Graves &Houtchens v. Diamond Hill Independent School District, 243 S. W. 638, we consider it only necessary to advise that we are in accord with Mr. Beasley”s opinion tothe effect that the employment of Thos. Y. Pickett &Co. by the County Judge, acting as County School Superintendent, is not binding on the newly created Jim **Hogg** County Independent School District or any prior School District ofJim Hogg County. That case holds that a contract by which a county employed persons to secure the defeat of aproposed bill was null and void as against public policy and as against at least the spirit of certain articles ofthe renal Code.

We quote from Graves &Houtchena v. Riamond Hill Independent School District, supra, at page 639:

“While it is doubtless true that there is power in aBoard of Trustees of an Independent School District to employ counsel and pay out ofthe public funds of the district a reasonable fee in cases where the interests ofthe district require arsertion or defense in the courts of the county, we find no authority, after careful search, either expressed or implied in the statutes ofthis State, toemploy counsel and expend the public funds ofthe district in the attempt to **8e** cure or defeat legislation.” SUMMARY Jim **Hogg** County Independent School District is not liable and cannot legally pay or assume afee of $5,000.00 on account rendered by Thos. Y. Pickett 91Co. for ‘services.

. .and expenses in connection with the passage of Senate Bill No. 304” creating the District. **Graves** &IHoutchene v. Diamond Hill I.S.D., 243 SW636. Your 8vcry truly APlAOVED : ATTORNEY GENERAL OF TEXAS

ATTORNEY GENERAL BY Chester E. Ollison Assistant CEO/mw/JCP