. 

.- R-564 

Hon. BI‘ S, Kieke Opinion Noa V-274 

County Attorney 

Lee County R.: Effect of Acts 1947, 

Giaabgs, Texas 50th Leg,, R,S,,-HqBe 

300 on Art, 2883, 

VoC9S,, relative te 

Dear Sir: tea&e&s salsry, 

We refer to your letter of mcent date acknowledged by the Attorney General onJUne 9, 1947, 

wherein YOU r8qU8st atI Opinion COnC8rning the 8ff8Ct, 

if any, of Acts 1947, 50th Legislature, R. S., H. B. 

300 (00difiea as Article 2891-l# v.cose) ea Article 

2SS3, V.C&B~ rslaBiv8 to salaries of publio school 

teachers, 

Th8 Sp8CifiC Situation and qUeStiOn subItdtt8a reads as follows: 

"The Lincoln Cemm~n Schoel Dietrid, 

in this county, has no local maintenance 

tax+ Will the tivstees be pennittea to 

enter into a contract with a teacher holding a permanent teacher's certificate, to 

pay him in 8xee88 or $150 per month for 

taaohing?" 

drtiCi8 26$3, v&i?.s. b 8titd8d by AC@3 19211 

37th Legislature, R.S., page, 211, authorizes schoo2. 

trustees to determine the salary to be paid sohool t8achars in their aistrim ana provides the maximum monthly salaries which may be paid such teachers out of the I 

Public FI'88 Sohool Fund by a district which dO8s not 

levy and coll8ot a looal maintenenee taxa the msxim~m 

salaries payable being dep8ndent upon and to be detarmined by the kind of teacher's certificate the teacher 

holds, 

Aote 1947, 50th Legislature, R,S,; H-B, 300, 

Ch. 109, COdifi8a as Article 2891-1, v, c. s., in mallaatory 1aDguage authorizes sohool districts maintaining 
an aCC!?di8#4d or aifiliafX& SOh0d or St38kiM aoCreditation ana affiliation to iIOtmnl3na the ~l&i& to 6s 

paid school tra&here in their dietriot, ahd prtid8s a 

ainimm amual salary of a bbgfnaing full-time teacher 

who holaa a ~OOgRiZ8a bachelor38 &egree 0f not less 

than 82000 with inor8&8nts above the mitium for additional college training, ana for experience ana efficiOnoy base& 00. a sohedule prrwfded in th8 State Equal== 

ization%aw, which shall be paid by all district Whether or noWthere is levied and colledea a local maint8mtD38 tax in the dietriot, under Seatlen 2 ~0r B, B. 

300, h0W8V8r, ii: the total rOV8llU8 Of a school diOtriCt, 

as sgt out in the Aot to be oonslaerea by the aistrict 

providing a pay sohedule for its teachers, is not sufficient to permit the payment of the minimum anmal 

salary therein provided, then the district shala pay 

to its teacbsrs ths highest poss%?318 salaries with the 

reveillle available for'suoh purpose. 

, 

38otion 4 of H, Ba 300 prmide&: "j&y law 

of wrta Of lawa in conflict with the provieions of 

this Act am repealed in so far as such cshflict is conoerned . 9 em 

Sections 1 and 2 of H, B, 300 by its terms 

governs and controls sohool trustees in school.districtO 

~intaining an aooredlted or affiliated school, or seeking aooreditation or affiliatiom, in the matter of minimwn annual teacher'8 salaries whioh shall be paid by 

.said distriot to its full-time beginning teachers who 

hold a recognized baCh8lor's degree. Thus, kticle 2883 

to the extent it provides for maximum monthly salaries 

sf school teachers in such school districts to be determin8d by the kind of teacher's certificate they may hold 

is in dir8Ot conflict with the provisions of 8. B, 300, 

and ammrdingly, is repealed by Section 4 %h+m8of, 

With respmt, however, to teachers wmploybd 

fi &&hools which are not accredited or affiliated schools 

and which are hot seeking accreditation or affiliatien, 

ws believe the provisions of ArticJe 2883 are applioabl8 

.and contr01 the school trustees in the maximum salary 

payment which may be paia to the teachers thereof out Of 

public school f?UIaS when the district aO8S not 18Vy ana 

collect a local maintenance tax, 

Ref8rriIlg IIOW t0 JroUr qUet&iOll, it-is Our 

&apiniOn thet the trustees ,of a school district, whether 
,- 

.: 

Hon. M. 5. Kieke - Page 3 

or not it has a local maintenance tax;are governed by 

the provisions of H. B. 300, 50th Leg,, in the payment 

of minimum salaries to its t8aOherS~ if the teacher 

holds a recognized bachelor's de$xWe ad iS dIUpiOy8d 

to teach in an accredited or affiliatea schodor one 

seeking accreditation or affiliations If, however, 

the school in which suoh teacher is 8mplOy8a to teach 

is not accredited or affiliated, nor seeking acoreditation or affiliation, or the teacher dees not hold a 

-recognized bacQelor*s degree, the maximum salary which 

may be'paid to said'teacher by a school district which 

has no local main%enance tax is'governed by the provisions of Article 28S3, V. C. S. 

The trustees of a school district, 

whether or not it has a local mdntenance 

tax; are governed by the provisiuns of H.B, 

300, 50th Leg., in the payment of minimum 

salaries to its teaahers, if the teaoher 

hold8 a rsoognizea baohelor's degree and 

is employed to teach in an aeore&itecl or 

arriliated school or one seekiag acmealtaticn or arriliation. Ir,'howevbr, the 

school in which such teacher is~e?nployed 

is not acareaited or affiliated, nor seeking accreditation or affiliation, or if 

the teacher does not hold a recognized 

bachelor's degree, the max5.m~ salary which 

may be paid to said teacher by a sohool distriot whioh has no looal naintenanoe tar is 

governed by the provlsiona of Art* 13883, 

V.C.S. 

Very truly yours, 

ATTORNltY GENBEtALOF m 

Es2 By-r'a . 

ATTORUEYGENERAL 

Chester YL Ollison 

Assistant