**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 wewould like to aybm ation and opinion, l l * Wequote 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 managementanb 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 commonschool dlstrlot on the order of the county trustees maysell 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 commonrohool dlstrlot. In view of the unoertalntp resulting from such apparent oonfliots, WIshould appreolate your aubmlttFng the following questions to the Attorney General.

“1. Under the above state of faota 3x1what 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 managementand 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 lArticle 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 nameof the oounty eahool trustees of County, State of TBXQLI, and In that namemayaoquire and hold real and personal property, sue and be sued, and mayreaeive bequests and donations or other moneys 

### or funds coming legally into their hands, and mayperform 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 commonschool districts) reads, in part, as.foilovrt

“Said trustee6 shall be a body politic and oorporate ln law,, and shall be knownby and under the title .and nameof 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 mayreceive any gift, **grant,** donation or devise madefor the use of the pub110 schools **of** the dlstrlot.

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

“Said trustees shell hove the managementand control of the pub110 schools and pub110 school grounds: and they shall detormlne howmanyschools 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 oommonrchool 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, whendeemed advisable, mrymakesale 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 madeby any one for any county, city or town, or district, shall, whennot otherwise dirooted by the grantor or deviser, vest said property in the county school trusteea, or the board of school trueteea of the city OPtown, or the trustees of the school dlatrict, or their nuccezaors in office, as the trustees for those to be benefited thereby, and the came, whennot otherwise directed shall be administered by said offioera under such rule8 as the State Superintendent may 88tablish. Id. ” In 1919, this Department in opinion Ao. 1986, written by Honorable John W. Maxwell, Assistant Attorney General, addressed to the Speaker and Membersof tbe House of Representatives of Texas, -recorded on pagea 512, 513, 514 and 515, Report of the Attorney General of Texas for 1918-1920, amongother 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 gaaslease.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 rsaommendedthat 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 OSTexasHonorable T. M. Trlmble, page 5

on May5, 1937, enacted House Bill 861, (now oodlfied ~8Article 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

POLITICALSUBDIVISIONS TOLEfiSELANDS FORMINSRAL

DEVELOPMENT.

“Ii. B. No. 86117 Chapter 279.

“AnAct 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 

### formineral development purposea any and all land8 which maybe ownedby 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 8UOhpolitic81 subdivision which are by law constituted with the management, oontrol, 

### and supervision of 8uch subdivision, and whenIn the dlsoretlon of suoh governing body they shall determine that It is advisable to make8 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 somenewspaper 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 maydetermine to make. Onthe date specified In said notice, such governing board or body ehall receive and consider any and all bids submitted for the leasing 

### ofsaid lands or any portions thereof whioh are advertised for leasing, and In the dlaoretlon of 8UOhgoverning body shall ew8rdHonorable T. M. Trlmble, page 6

-+the lease to the hlgheat Andbest 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 sameAndAgain Give notice And oall for Additional bids, but no lease8 shall In Any event be madeexcept upon public hearing And oonaideration of said bids Andafter the notioe 

### at)hereIn provided.

“Sec. **2A.** Provided that all such leaaee maybe 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 Aperiod of ten (10) years 

### fromthe date of execution Andapproval thereof,

“300, 3, The fact that political subdlvialons of the State have lands owned, held, and used for public purpoaee but which purposes ~~111not 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 Andthat 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, AndthI8 **Act** shall take effect and be in force from AndAfter it8 passage, and It is 80 enacted.

n OTE t ,--Ii. B, No. 861 passed the **BOUQB,** Maroh30, 1937, p &vote of 113 y%aa, 0n&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 May5. 1937.” It is a well-settled prinoiple of law that where the Legislature prescribe8 Adefinite , 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

QfTWIQll, 143.u. 1003 

### Sm~lt~wP~,

5 Tsx.l4lB

Op;ninZcm

Bo. 

### O-4270of thla Cepxrt~mmt, mmd&rmd cmJcmuary 6, 1342, 

### cwnatrumArticle 543Dn, V. A. C. 8.. and haltie tImt the Cwm

### mIsalonora~

Coilrt of 

### Janpm Caxkty.Inmkln:: 

### anailandgx3lcnne"orl ;ougtyCncl~ool land, nunt cz::zlg vlth the provioions of Article TWOa,

Wucnoloom hemuith a copy of mid ot&nZbn

### for pourfn- &u?;t&l~* It la walbm3ttlad law in Foxns that tha 

### ordinrlry fam -+ ;,‘,y 011 and ~6x3lmse 1s 62831~ or omvcpmm .of a.nlntormst In LT. ’

. 31 Tcms Juntsprutlcnce, Xm. 39, 

### 01 Cr G~,py. 

### 574,575end 

### 576.

It la dlaa a voltertnbllehod rule OSstatutory oonstructltm -thnt at~tutoar 

### IO *pzxrlmtorla’ 8houl.d b:3aonotrr;cd to~othor nnd where om statute dm1~ with a subjmt In ~onm%l tomm, uad ono3mr doale with B hart of the emimaubjoot ln a txcm dotcLiad wag, tEirJ tvb should bo kmxmIzed if poaslblo: but SS there la (‘~19conflict, the lnttcr will pmvoll, rog~tiI@m OSvhsthar it **VOQ** prmscd 

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

“;%cwnrtruotion, 

### 326Ldltlon, Ilalrsck, Vol.2,pqm 541,542end5 3. Onthe, pr6err~ptIan

thatwhomve~ theLagialaturo 0tmcta 

### a prnvia~on it baa sn mind tbo groviou3 atatutoe rolzting to 

### ths onme 8UbjQCt tr.?ttoP,



### it is hold %I3th0 Sb3GV33 Of 4LXly %fl'PM3~l?QpealOC anenkmnt tharoin, the nww gm~loion was cnxotad In accord with **the** legislntlvb pollay mbodiotl 

### inthoseprtor statutes and 

### theyehauld all be cozmtmod to;;;othor. P~oviatona 3.nanact vhf.ch am mltted 

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

### u&m tho otheo cot whennQt lnoonalatent 

### withltr, p~o3QB. Prior t+tatutoa relating to the omm aubJect Dntter are to bo compnmd with **th,e nov**  **p~wvialmt and**  **If** 

### pasakble byrcnrrwmblo canatzuctian, 

### bothamatobasoconatru~d that offs?& is glvcn tQ cyvcry provision of 60ch. Outhoplond Otntutory 

### Conotruotlenl 3rd rk31t10n, Xwmcks, Vol. 2, ptspe 530 Qlld531.

we call your attslltion to tne at that 

### saidHouse Bill 

### 861 (ootW%d as

### Art.5i4OorO. V**A.** 

### C. **dotas not**  **contain any** **x-e-,,** poallng olauae. Ueare tharoSoro lncllmd 

### to the vl0v that the safe 

### conutructlon

1sto tallow Articla 54000, V. A. C. 3. and get 4t3. 10m?.awer to your t~hfa%l

quebtion, it $3OUDoptilm tlmt if the commnucJwoldbtrtot in IMW t,ohwo titsnuporior tltlo to the lnnd (e mttw vo donot paoe onhwe) a tinoml losrsecanbo