Hon. Odls Tomachefsky

CountyAttorney Washington County Brenham, Texas OplnlonNo. V-663

Re: Legallty,ofmember of County School Board contractingwith a local schooldistrict for the s,ale

of gasoline for repairs for Its schoolbusses.

Dear Sir:

We refer to your letter request on the following question:

"Can a member of the Board of County School Trustees sell gasoline 'toa school district, and can such Board member do repair work on schoolbusses belonging to local school districts located In the.county where such member,,ls a member of the County School Board.

Article 2687a, Vernon'sCivil Statutes, relates to lntradistrlcti transportationof pupils. It p?ovldes for the making of a contractby the trustees of an Independent or common school district for such transportation and contains other provisionsnot necessary here to state. 181. Roblson v. Draper, ly3 Tex. 280, 127 S.W.(2d)

Article V, Ii.

B. 295, of Acts of 1947, 50th Legislature, relates to Interdistrictas well as the lntradlstrlcttransportation of pupils. It provides that the County School Board and County Superintendent, subject to the approval of the State Superintendentof Public Instruction,may set up the most efficient system of transportationpossible for the purpose of transporting pupils from their district:; and within their districts. It further provides for the making of R contract by the County Board of Trustees for bus drivers for such transportation;and the payment of snlarles of same out of the County Board.TransportatlonFund when said drlv-Hon. Odls Tomachefsky,page 2 (V-663)

em are employedby the County Board, and that the County Board of Education shall distribute funds In the County Board TransportationFund equitably to the eliglble districtswho have properly shownbudgetary need for State aid In accordancewlth provisionsof the Act. (OpinionNo.V-139).

Article XIV of Ii.,B.295 provides that "All motor vehicles Includingbusses and bus bodies, tires and tubes,purchased for or by any schooldistrict receiving aid under the terms of any equalizationact.

. . shallbe purchasedby and through theBoard of Control. And no such school district or its officersor employees shallhave the power to purchase for such school distrlct any of such Items except in those instanceswherein an emergencyrequires an immediatepurchase thereof, to be reported to and approved by the Board of Control."

The Immediate controland management of the various school districts of Texas Is in their respective local boards of trustees and the school laws vest In them the power to contract for their needs. Articles 2749, 2780, 2827 and 2774a, Section 4, V. C. S. having authority to operate a transportationsystem for their scholastics,districtboards of trusteeshave the power and do contract for gasoline and repairs for theirbusses necessary in the operation of that system. This the localboard may do without the approval of the County School Board or the State Board of Control. In cases of emergency they may contract or purchase,withoutapproval from the Board of Control, those Item8 ordinarilyrequiring approval of the State Board as set out InArticle XIV, H. B. 295.

Clearly, therefore, the business of purch,asing or contracting for gasoline or repairs on school busses ownedby local-school districts is the business of the local school district boards and constitutes no part of the functions of the countyboard of school trustees.
This officehas heretoforeheld that the sale of gasoline or other suppliesby a person to a school district, such person being a trustee of the schoold!.s-. trlct to which the supplies are sold 1s void as against public policy. Opinions Nos;.o-1583,O-1014, O-2755, O-878, O-2306. It iswell established In Texas that contracts entered Into by a public officer inhis offlclal capacityare illegal and void l.fsuch officer eith-Hon. Odls' Tomachefsky, page 3 (v-6U3) :rri;

er directly or lndiroctly tin:: a pec\lnln

ry lnl:.c:f*<?::t

ln such contract. Moyortr v. Walker, :"(!; :;.W..3ir's,

and .qutlloritles therein ci.ted; A. G, 0p1111011

W1'~!~0.

In the situation under considerationherein, it Is our understanding that the sale of gasoline and repairs for school busses belonging to the local school districts for the transportation of its scholasticsare consummatedbetween the local schoolboard and a person who Is a member of the County School Board. Further, that the contracts for gasoline or repairs are entered Intoby the County Board member as an individualprivately engaged in such business enterprise,and not in his official capacity as a County Board member.

In Opinion No. o-1589 this officeheld that althoughArticle 373, Penal Code, makes it unlawful for
an officer of a county, city or town to sell gasoline to said county, city or town, It does not make it unlawful for said officer to sell gasoline to an lndependent school dlstrlct.

It Is, therefore, our opinion that the sale of gasoline or repairs to a local schooldistrict tobe used In the operation of its locally owned schoolbusses by a personwho Is a member of the CountyBoard of School Trustees Is permissible and Is not per se void as against public policy. The relationship alone of the County Board member to the County School Board is not sufffclent,we 'believe,to invalidate the contract. We assume in connectionwith your question that the County Board member exerts no overt pressure stemming from his officialposition as a member of the County Board in his contracts with the local schoolboards ofhis county.

The sale of gasoline or repairs to a local school district to be used in the operation of its locally o.wnodschoolbusses by a person who Is a member of the Coanty Board of School Tru::teesis permissible and is not void per se as against public policy.

Your:-. very truly,

AP ROVED:

3' ,

rA ATTORIJEY GENERAL OF TEXAS

A1 'ASSISTANT RNEY GENERAL CEO:mw By&z-eChester E. Ollison Assistant