OFFICE OF THE ATTORNEY QENERAL OF TEXAS 

AUSTIN 

GROVER SELLERS 

ATxmNlr OENERAL 

Honorable T. M. Trimble, First Assistant 

State Superintendent of- Public Instruction 

Austin 11, Texas 

Dear Sir: Opinion No, O-6675 

Rsr Mineral leasing of certain 

school land In Rusk Oounty, 

Texas 

Your request for opinion has been r 

considerad by this Department. 

lows 1 

“Attached is a letter from 

& Wharton of Houston, Texas, c 

which we would like to aybm 

ation and opinion, l l * 

We quote from the abov 

your reply of 

otter as follows: 

rd iffecting this land. 

@lcle 2676, Rsvised Statutes) 

trol of public free sohools and 

ch.countp are vested in the counhave management anb control of public aohools and 

publio school groundsj and the grounds PUrChaBed 

for such a district shall be under the aontrol of 

the district trustees. (Art. 2754). All conveyances 

for the benefit of the public schools shall vest the 
. . 

Honorable T. W. Trimble, pa.gr 2 

property ln the oounty sohool trustees (Art. 2756). 

Trustees of any common school dlstrlot on the order of 

the county trustees may sell anj property belonging to 

the school dlstrlat (Art. 27 3). Countr Sohool Trustees 

constitute a body oorporate 7 Art. 2683), a8 do the oommon 

school district trustees (Art. 2748). Artlole 5400a authorizes political subdivlslone, which are bodies oorporate, to lease lend for mineral development; and the 

article sets out the procedure for leaalng. 

-3 “Article 2676 ln vesting oontrol of school lands ln 

the oounty board appears to oonfllot with Articles 2749 

and 2754, which vest control ln the board of trustees 

of common rohool dlstrlot. In view of the unoertalntp 

resulting from such apparent oonfliots, WI should appreolate your aubmlttFng the following questions to the 

Attorney General. 

“1. Under the above state of faota 3x1 what 

body is the title to the land ln quentlon? 

‘2. ;;gn;hat body should a mlnapal lease be 

“3. If It 1s determined that the Trustees of 

the Common School Dlstrlijt ore ths proper 

parties to execute the lease, should the 

procedure set out in Article 2753 relatinn to sales be followed? IS so. how 

sh&ld auoh artlole be integrate& with 

Artlole 54OOA7” 

The general management and aontrol of the publia iree 

school& and high schools in each county of this State, unless otherwise provided by law, are veatsd in the oounty school trustees, 

Artlole 2676, Vernonfe Annotated Texas Civil Statutes. 

Artlole 2681, Vernon’s Annotated Texas 01~11 Statutes, 

provides, ln part, as follower 

“The county school trustee8 are authorited to exercise the authority heretofore vested in the cormlssloners~ 

court with respect to rubdlvldlng the county into school 

dlstrkcts, and making changes in school distrlot lines. 

. l l 

Article 2683, Vernon’s Annotated Texas Civil Statutes, 

reads as follows: 
Honorable T. H. Trlmble, page 3 

“The county sohool trustees of eaoh oounty shall 

aonstltute a body oorporate, by the name of the oounty eahool 

trustees of County, State of TBXQLI, and In 

that name may aoquire and hold real and personal property, sue and be sued, and may reaeive bequests and donations or other moneys or funds coming legally into 

their hands, and may perform other aotr for the promotion of education ln the county. The tit10 to any 

school property belonging to the oounty, the title of 

,whlah has heretofore been vested ln the county judge and 

his successors in office, or any school property that may 

be acquired, shall vest in the county school trustees and 

their successors ln offlao for public free school purposes.” 

Article 2748, Vernon’s Annotated Texas Civil Statute0 (applicable to common school districts) reads, in part, as.foilovrt 

“Said trustee6 shall be a body politic and oorporate ln law,, and shall be known by and under the title 

.and name of dlstrIot.trurtees of district number .*****, 

and county of . , . . . . , State of Texas! and as such may 

contract and be contracted with, sue and be sued, plead 

aor be impleaded, In any aourt of this State of proper 

jurisdiction, and may receive any gift, grant, donation 

or devise made for the use of the pub110 schools of the 

dlstrlot. . . .” 

Artlole 2749, Vernon’e Annotated Texas 01~11 Statutes (applicable to oommon school distrlots) reada, In part, an follovst 

“Said trustees shell hove the management and control 

of the pub110 schools and pub110 school grounds: and they 

shall detormlne how many schools shall be maintained In 

their school district, and at what poInta they shall. be 

loaatedj . . .” 

Artlole 2753, Vernon’s Annotated Texas 01~11 Statutes (applicable to oommon rchool districts--see R, R, Spencer & Co. v. 

Brown, 198, 8. W. 1179) reads as followst 

“The trustees of any school district, upon the order of the aounty trustees presorlbIng the terms thereof, when deemed advisable, mry make sale of any property belonging to said school district, and apply~the 

proceeda to the purchase of necessary grounds, or to 

the building or repalrlng of schoolhouses, or place 

the proceeds to the credit of the available school fund 

of the district. ‘Id.” 
Honorable 91. M. Trlmble, page 4 

Article 2754, Vernon’s Annotated Texas Civil Statutes, 

reads as follower 

“All sohool houses erected,,grounde purohased or 

leased for a school diatrlct, and all other property 

belonging thereto, shall be under the control of the 

district trustees of such district. Acts 1905, p. 263.” 

Article 2756, Vernon@s Annotated Texas Civil Statutes, 

reads as followst 

“All conveyances, deviaea, and bequests of property for the benefit of the public sohools made by 

any one for any county, city or town, or district, 

shall, when not otherwise dirooted by the grantor or 

deviser, vest said property in the county school 

trusteea, or the board of school trueteea of the 

city OP town, or the trustees of the school dlatrict, or their nuccezaors in office, as the trustees 

for those to be benefited thereby, and the came, when not 

otherwise directed shall be administered by said offioera under such rule8 as the State Superintendent may 

88 tablish. Id. ” 

In 1919, this Department in opinion Ao. 1986, written by 

Honorable John W. Maxwell, Assistant Attorney General, addressed to 

the Speaker and Members of tbe House of Representatives of Texas, 

-recorded on pagea 512, 513, 514 and 515, Report of the Attorney 

General of Texas for 1918-1920, among other things construed Artiale 2846 of the Revised Civil Statutes of 1911. (Article 2846, 

Rev. Clv. St. of 1911 end the present Article 2753, V. A. C. S., 

are identical with the exception that said Artlole 2846 of 1911 

authorized the sale of school property upon the order of the 

Commissioners’ Court while Article 2753, V. A. C. 8. authorizes 

-)salee of school property upon order of the county trustees,) Thle 

opinion held that the district trustees were authorized to execute 

an 011 and gaas lease.on school land subject to the approval of the 

Commisalonere”Court or county echo01 trusteee, dependent on whloh 

body wae the proper authority to approve 6ame. The opinion pointed 

out at that time there was doubt a8 to which body should approve 

the rals or lease and rsaommended that the Leglalature olear up 

the question by the enactment of appropriate legislation. The 

Legielature has since enaoted Artlole 2753, V. A. 0. S., quoted 

hereinabove in thin opinion. He enolore herewith a oopy of 

opinion MO. 1986 for your lnformatlon, 

Sinae the rendition of opinion 80. 1986, and since the 

enactment of Article 2753, V. A. C. S., the 45th Leglrlature OS Texas 
Honorable T. M. Trlmble, page 5 

on May 5, 1937, enacted House Bill 861, (now oodlfied ~8 Article 

5400a, Vernon18 Annotated Texas Civil Statutes) which House BI11 

is a comprehensive act providing a definite and certain method of 

procedure of making 011 and gas leases by political subdivisions 

of Texas. Said House Bill 861 reads as follows; 

9 “AUTHORIZINO POLITICAL SUBDIVISIONS TO LEfiSE LANDS 

FOR MINSRAL DEVELOPMENT. 

“Ii. B. No. 86117 Chapter 279. 

“An Act authorizing political subdivlaions of thb 

State of Texas to lease lands ovned by such 

subdivisions for mineral development purposes 

and prescribing the method and manner of making such leases, and declaring an emergenoy. 

“Be it enacted by the Legislature of the State of 

Texas I 

‘Section 1. PolItIoal subdIvIsions whioh are bodies 

corporate with recognized and defined areas, are hereby 

authorized to.leose for mineral development purposea any 

and all land8 which may be owned by any such political 

subdivision. 

3 “Sec. 2. The right tb lease such lands shall be 

exerolsed by the governing board, the commission or 

commissioners of 8UOh politic81 subdivision which are 

by law constituted with the management, oontrol, and 

supervision of 8uch subdivision, and when In the dlsoretlon of suoh governing body they shall determine 

that It is advisable to make 8 lease of any such lends 

belonging to such district or subdlvlslon, suoh governing body shall give notice of Its intention to lea86 

such lands, describing came, by publioation of such 

-notIoe In some newspaper published In the county, havlng e general circulation therein, once a week for a 

perlod’of three (3) consecutive weeks, designating 

the time and place after suoh publication where such 

governing body will receive and coneldtir bid8 for suoh 

mineral leases as such gove,rming body may determine to make. 

On the date specified In said notice, such governing 

board or body ehall receive and consider any and all 

bids submitted for the leasing of said lands or any 

portions thereof whioh are advertised for leasing, and 

In the dlaoretlon of 8UOh governing body shall ew8rd 
Honorable T. M. Trlmble, page 6 

-+the lease to the hlgheat And best bidder submitting a 

bid therefor, provided that if In the judgment of such 

governing body the bids auhmltted do hot represent the 

fair value of such leaoes, euoh governing body In 

their dlnoretion may rojoct same And Again Give notice 

And oall for Additional bids, but no lease8 shall In 

Any event be made except upon public hearing And oonaideration of said bids And after the notioe at) hereIn provided. 

“Sec. 2A. Provided that all such leaaee may be 

granted by pub110 auotion and that no leases, shall be 

executed in Any case except and unless the lessor 

-shall retain At least one-eighth royalty, provided 

further that In no Oa8e shall the primary term of 

aaid lease be for more than A period of ten (10) 

years from the date of execution And approval thereof, 

“300, 3, The fact that political subdlvialons of 

the State have lands owned, held, and used for public 

purpoaee but which purposes ~~111 not be hindered or 

Interfered with by the development of said landa for 

mineral purposes, and thAt,ao~e of nald land8 have 

pos8ibilities of mineral8 therein And that development 

of said lands for mineral purpoees Is necessary in order to conserve said mineral estate and prevent the 

108s thereof, oreate an emergency and an Imperative 

public necessity that the Constitutional Rule requlrlng bill8 to be read on three several days In each 

House be suspended And 8AId Rule Is hereby auepended, 

And thI8 Act shall take effect and be in force from 

And After it8 passage, and It is 80 enacted. 

n OTE 

t 

,--Ii. B, No. 861 passed the BOUQB, Maroh 30, 

1937, p & vote of 113 y%aa, 0 n&yet p88sOd the Senate, 

with Amendments, April 29, 1937, by a vote of 22 yeas, 

6 nays; House concurred In Senate amendmenta, April 30, 

1937, by a vote of 132 yeaa, 0 riaysd 

‘Approved &y 5, 1937. 

“Effeotive May 5. 1937.” 

It is a well-settled prinoiple of law that where the Legislature prescribe8 A definite , certain method of’ procedure for a 

-polItIoal subdivision to follo’w, other.methods, by Implication of 

law, are excluded. See the following Authorities; 
Fbatar v. city Ol t:o.co, 255 3. w. 1104 

Brytm lf. 

CItIEolls e?cIr. v. cf.ty Qf TWIQll, 14 3. u. 1003 

Sm~lt~wP~, 5 Tsx. l4lB 

Op;ninZcm Bo. O-4270 of thla Cepxrt~mmt, mmd&rmd cm Jcmuary 6, 

1342, cwnatrum Article 543Dn, V. A. C. 8.. and haltie tImt the CwmmIsalonora~ Coilrt of Janpm Caxkty. In mkln:: an ail and gx3 lcnne"orl 

;ougtyCncl~ool land, nunt cz::zlg vlth the provioions of Article TWOa, 

Wu cnoloom hemuith a copy of mid ot&nZbn for pour fn- 

&u?;t&l~* 

It la walbm3ttlad law in Foxns that tha ordinrlry fam 

-+ ;,‘,y 011 and ~6x3 lmse 1s 62 831~ or omvcpmm .of a.n lntormst In 

LT. ’ . 31 Tcms Juntsprutlcnce, Xm. 39, 01 Cr G~,py. 574, 575 end 

576. 

It la dlaa a voltertnbllehod rule OS statutory oonstructltm 

-thnt at~tutoar IO *pzxrl mtorla’ 8houl.d b:3 aonotrr;cd to~othor nnd where 

om statute dm1~ with a subjmt In ~onm%l tomm, uad ono3mr doale 

with B hart of the emim aubjoot ln a txcm dotcLiad wag, tEirJ tvb 

should bo kmxmIzed if poaslblo: but SS there la (‘~19 conflict, the 

lnttcr will pmvoll, rog~tiI@m OS vhsthar it VOQ prmscd prior to 

tha gmnrzl otfituto# unlona It ap,;x+ara tbzt tho &q$alLatur43 lntcnclsd t.9 m.!m the gmm~3.l act cvntroll2ng. Wtherlmd Stntuto 

“;% 

cwnrtruotion, 326 Ldltlon, Ilalrsck, Vol. 2, pqm 541, 542 end 5 3. 

On the, pr6err~ptIan that whomve~ the Lagialaturo 0tmcta a 

prnvia~on it baa sn mind tbo groviou3 atatutoe rolzting to ths onme 

8UbjQCt tr.?ttoP, it is hold %I3 th0 Sb3GV33 Of 4LXly %fl'PM3~ l?Qpeal OC 

anenkmnt tharoin, the nww gm~loion was cnxotad In accord with the 

legislntlvb pollay mbodiotl in those prtor statutes and they ehauld 

all be cozmtmod to;;;othor. P~oviatona 3.n anact vh f. ch am mltted 

in unothor act re3dtIng to the ems eubjaot mrrttor will be applied 

in a prvcoodlng u&m tho otheo cot when nQt lnoonalatent with ltr, 

p~o3QB. Prior t+tatutoa relating to the omm aubJect Dntter are 

to bo compnmd with th,e nov p~wvialmt and If pasakble by rcnrrwmblo 

canatzuctian, both ama to ba so conatru~d that offs?& is glvcn tQ 

cyvcry provision of 60ch. Outhoplond Otntutory Conotruotlenl 3rd 

rk31t10n, Xwmcks, Vol. 2, ptspe 530 Qlld 531. 

we call your attslltion to tne at that said House Bill 

861 (ootW%d as Art. 5i4OorO. VA. C. dotas not contain any x-e-,, 

poallng olauae. Ue are tharoSoro lncllmd to the vl0v that the 

safe conutructlon 1s to tallow Articla 54000, V. A. C. 3. and get 4t 
3. 10 m?.awer to your t~hfa%l quebtion, it $3 OUD optilm tlmt 

if the commn ucJwol dbtrtot in IMW t,o hwo tits nuporior tltlo to 

the lnnd (e mttw vo do not paoe on hwe) a tinoml losrse can bo