Hon. Julian E. Weisler Opinion No. O-2433 

County Attorney Re : Can the Washington County 

Washington County (Blinn) Junior College levy and 

Brenham, Texas collect a tax within the limit 

prescribed by law and set aside 

then income therefrom for the 

purpose of constructing and repairing a gymnasium, and borrow 

money against said funds for the 

construction thereof? And reDear Sir: lated question. 

Your recent request for an opinion of this department 

on the questions as herein stated has been received. 

We quote from your letter as followsr 

“(1) Can the Washington County (Blinn) Junior 

College levy and collect a tax within the limit prescribed by law and set aside the income therefrom 

for the purpose of constructing and repairing a gymnasium, and borrow money against said funds for the 

construction thereof? 

“(2) Can the Washington County (Blip) Junior 

College borrow money upon its credit, and pledge as 

collateral security for such loan promissory notes 

executed in its favor by residents of Washington 

County, Texas? 

‘Statement: 

“Washington County (Blinn) Junior College wishes 

to build a gymnasium and the construction has been 

started and is well under way, and the school wants 

to borrow money to complete it. The School has procured Federal Aid for the construction of the gymnasium and the citizenship of Brenham and Washington 

County have executed notes in the sum of $75@.00 in 

favor of the college, which are direct obligations 

of the individuals executing them, and which notes the 

school proposes to use and pledge as additional security for their loan in the sum of $7500.00. 
Hon. Julian E. Weisler, page 2 (O-2433) 

“At an election held in 1937 the Junior College District was voted and a ten cent tax was 

favorably voted for the support and maintenance 

of the college, 

for the college. 

and for the acquiring of property 

At this time it is thought that 

eight cents of the tax allowed to be levied and 

collected will be sufficient for the support and 

maintenance of the college used with the tuition 

received from the students 

1 

and that the balance 

of two cents would be avai able and can be applied to improvements and construction of the College Buildings.” 

Section 4 of Article 2815h, Vernon’s Annotated Civil 

Statutes, reads as follows: 

“Sec. 4. A Junior College established and 

maintained by ah Independent School District or 

city that has assumed control of its schools, or 

where the same has been organized as a Junior 

College District under the provisions of this kt 

prior to October 15, 1935, as an independent entity, or may hereafter be so created, and/or 

wherein the boundaries of the Junior College Distridt are the same, or substantially the same, 

as the Independent School District, shall be governed, administered, and controlled by and under 

the direction of the Board of Education of such 

District or city. 

“The said Board of Education of such Junior 

College District, under the provisions of this Act, 

shall in addition to all of the powers and duties 

vested in them by the terms of this Act, be furthermore vested with all the rights, powers, privileges, and duties conferred and imposed upon Trustees of Independent School Districts by the General 

Laws of this State, so far as the same may be applicable thereto and not inconsistent with this Act.” 

Section 7 of Article 2815h, supra, provides in part 

as follows: 

“The Junior College District created under this 

Act shall have the power to issue bonds for the construction and equipment of school buildings and the 

acquisition of sites therefor, and to provide for the 

interest and sinking fuhd for such bonds by levying 

of such taxes as will be necessary in this connection. The Junior College District shall also levy 
Hon. Julian E. Weisler, page 3 (O-2433) 

and collect taxes for the support and maintenance 

of the Junior College, provided that no bonds 

shall be issued and no taxes shall be collected until by vote of the majority of the qualified voters 

of the Junior College District, at an election 

called for that purpose in accordance with the provisions of the General Law providing for similar 

elect ions in Independent School Districts 

4 

such 

bonds and taxes are authorized. The elec ion for 

the issuance of such bonds for the levying of such 

tax or taxes, shall be ordered by the Board of Education of the Junior College upon petition signed 

by ten (10) per cent of the qualified propertytaxpaying voters residing in such District, praying 

for the issuance of such bonds and the levying of 

tax or taxes....” 

that I 

Section 14 of the above mentioned statutes provides 

“Sec. 14. No funds received for school .purposes 

from the State Available School fund or raised by 

local taxation for school purposes under the General 

or Special Laws, except as in this Act specifically 

provided, or except as may be hereafter provided by 

the Legislature of the State of Texas, shall be used 

for the establishment, support, and maintenance of 

the Junior College 011 

Section 20 of Article 2815h provides in part that: 

Wet. 20. A Union Junior College, a County Junior College or a Joint County Junior College, shall 

be governed, administered and controlled by and under the direction of a Board of seven Junior College 

Trustees, elected at large from the Junior College 

District by the qualified voters of said district 

with such terms of office as may be provided under 

the General Law for Trustees in Independent School 

Districts..+. Said Board of Trustees shall adopt such 

rules, regulations and by-laws as they may deem proper, 

and they shall have exclusive power to manage and govern said Junior College, and as such they shall constitute a body corporate by the name of the Junior 

College District State of Texas, and in that 

name may acquire and holi real and personal property, 

sue and be sued, and may receive bequests and donations, or other moneys or funds coming legally into 

their hands, and may perform other acts for the provtion of education in said district.” .- 
Hon. Julian E. Weisler, page 4 (O-2433) 

. 

Article 2802e-1, 

provides that t 

“All independent 

Vernon’s Aonotated Civil Statutes, 

school districts, and all 

cities which have assumed the control of the public schools situated therein, shall have power to 

build or purchase buildings and grounds located 

within or without the distrk or city, for the 

purpose of constructing gymnasia, stadia, or other 

recreational facilities, and to mortgage and encumber the same9 and the income, tolls, fees, rents, 

and other revenues therefrom, and everything pertaining thereto, acqufred or to be acquired, and 

to evidence the obligation therefor by the issuance of bonds to secure the payment of funds to 

purchase or to construct, or to purchase and construct the same, including the purchase of equipment and appliances for use therein, and as additional security therefor by the terms of such encumbrance, may grant to the purchaser under sale or 

foreclosure thereof a franchise to operate said 

properties so purchased for a term of not more than 

ten (10) years after such purchase... .‘I 

This statute further provides for the issuance of 

bonds for the purposes therein stated, the form of said bonds 

and the manner in which they are to be paid. We are of the 

opinion that this statute is not applicable to the questions 

under consideration. 

Section 6 of Senate Bill No. X.34, Acts of the 46th 

Legislature, 1939, provides that% 

“Sec. 6. Said Board shall have the authority 

to borrow money on the credit of the school funds 

of said District to meet salaries of teachers end 

other current expenses when the funds on hand are 

not sufficient to meet the same9 to be secured by 

a pledge of the current revenues of the year. All 

such current loans shall be paid withih the fiscal 

school year in which such current loans were made, 

and from the funds accruing for the support of the 

District wfthfn such given school year. The amount 

so borrowed shall at no time exceed one-third of the 

sum estimated for current expenses, as shown by the 

school budget of that year.” 

Senate Bill No. 134, Acts of the 46th Legislature, 

1939, is a special law, and this opinion is not to be construed 

as passing upon the constitutionality of this Act0 
Hon. Julian E. Wefsler, page 5 (C-2433) 

The general rule is that the trustees of independent 

school districts possess only the powers expressly conferred by 

law and necessarily implied from the powers conferred. Originally the statute (Article 2715) granted to trustees of independent school districts the same authority, as regards the establishment and maintenance of schools, that is conferred upon the 

governing bodies of Incorporated cities and towns; and in determining the authority of such boards, the courts have applied 

the same rules as applied in municipal corporations. 4s amended, 

the statute merely gives the authority conferred by law u on independent school districts. Tex. Jur., Vol. 37, PP* 939-9 b; 

Harlingen Independent School District vs. C. H. Page & Bras., 48 

S.W. (2d) 983; Donna Independent School District vs. First State 

Bank, 227 SLY. 974. 

In view of the foregoing authorities, with reference to 

your first question, you are respectfully advised that it is the 

opinion of this department that the Washington County (Blinn) 

Junior College may levy and collect a tax within the limits prescribed by law for the purposes provided by the applicable statutes. However, said college does not have the legal authority 

to set aside the income therefrom for the purpose of constructing 

and repairing a gymnasium and borrowing money against said funds 

for the construction thereof. 

Under the facts stated in your inquiry and the above 

mentioned authorities, your second question is respectfully answered in the negative. 

Trusting that 

we are 

APPROVED JUE 15, 1940 

/s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXBS 

APPROVED: OPINION CO~IlTEE 

ATTORNEY GENERAL OF TEXAS 

By /s/ Ardell Williams 

Ardell Williams, Assistant 

the foregoing fully answers your inquiry, 

Yours very truly 

BY: BWB, CHAIRMAN 

AU/oerwb