R-967 

Honorable P. W. Minter 

County Attorney 

Jim Hogg County 

Hebbronville, Texas 

Opinion No. V-464 

Re: The liability of Jim 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 to your letter requesting an opinion as to the 

liability, if any, of Jim 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 of the opinion and brief 

by Mr. John C. Beasley. 

We quote from a copy of the letter addressed to you on 

the matter by Hon. W. W. Jones, Trustee, Jim Hogg County Independent School District, as follows: 

“At a meeting of the Board of Education of the 

Jim Hogg County Independent School District held on 

Friday, November 14, 1947, at lo:30 a.m. in the 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 of Senate Bill 

#304, creating Jim Hogg County Independent 

School District, County-wide - - - - $5,000.00 

Thos. Y. Pickett k Company 

Signed Thos. Y. Pickett 
Honorable 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 I am enclosing to you an opinion rendered to me 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.” 

In view of the 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 to the 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 of Jim Hogg County. That case holds that a 

contract by which a county employed persons to secure the defeat of 

a proposed bill was null and void as against public policy and as against at least the spirit of certain articles of the 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 a Board of Trustees of an Independent School District to employ counsel and pay out of the public funds 

of the district a reasonable fee in cases where the interests of the 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 of this State, to employ counsel and expend 

the public funds of the district in the attempt to 8ecure or defeat legislation.” 

SUMMARY 

Jim Hogg County Independent School District 

is not liable and cannot legally pay or assume a fee 

of $5,000.00 on account rendered by Thos. Y. Pickett 

91 Co. for ‘services. . .and expenses in connection with 

the passage of Senate Bill No. 304” creating the District. 

Graves &I Houtchene v. Diamond Hill I.S.D., 243 SW 636. 

Your 8 vc ry truly 

APlAOVED : ATTORNEY GENERAL OF TEXAS 

ATTORNEY GENERAL BY 

Chester E. Ollison 

Assistant CEO/mw/JCP