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

County Attorney Re: Canthe Washington County Washington County (Blinn) Junior College levy and Brenham, Texas collect atax within the limit prescribed by law and set aside thenincome therefrom for the purpose of constructing and repairing agymnasium, andborrow moneyagainst said funds for the construction thereof? AndreDear Sir: lated question.

Your recent request for an opinion of this department on the questions as herein stated has been received.

Wequote from your letter as followsr

“(1) Canthe 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 andrepairing a gymnasium, andborrow moneyagainst said funds for the construction thereof?

“(2) Canthe Washington County (Blip) Junior College borrow moneyupon its credit, andpledge 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 gymnasiumand the construction has been started and is well under way, andthe school wants to borrow moneyto complete it. TheSchool has procured Federal Aid for the construction of the gymnasiumand the citizenship of BrenhamandWashington County have executed notes in the sumof $75@.00 in favor of the college, which are direct obligations of the individuals executing them, andwhich notes the school proposes to use andpledge as additional security for their loan in the sumof $7500.00.Hon. Julian E. Weisler, page 2 (O-2433)

“At anelection held in 1937 the Junior College District wasvoted and aten cent tax was favorably voted for the support andmaintenance of the college, for the college. andfor 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 andthat 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. AJunior College established and maintained by ah Independent School District or city that has assumed control of its schools, or where the samehas been organized as aJunior College District under the provisions of this kt prior to October 15, 1935, as an independent entity, or mayhereafter 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 andunder 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 andduties vested in themby 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 Lawsof this State, so far as the samemaybe applicable thereto andnot 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 andthe acquisition of sites therefor, andto provide for the interest and sinking fuhd for such bonds by levying of such taxes as will be necessary in this connection. TheJunior College District shall also levyHon. Julian E. Weisler, page 3 (O-2433)

and collect taxes for the support andmaintenance of the Junior College, provided that no bonds shall be issued andno 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 Lawproviding for similar elect ions in Independent School Districts 4 such bonds andtaxes 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 andthe levying of tax or taxes....”

thatI Section 14 of the above mentioned statutes provides

“Sec. 14. Nofunds 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 maybe hereafter provided by the Legislature of the State of Texas, shall be used for the establishment, support, andmaintenance of the Junior College 011 Section 20 of Article 2815h provides in part that: Wet. 20. AUnionJunior College, a CountyJunior College or aJoint County Junior College, shall be governed, administered and controlled by andunder the direction of aBoard 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 maybe provided under the General Lawfor Trustees in Independent School Districts..+. Said Board of Trustees shall adopt such rules, regulations andby-laws as they maydeemproper, andthey shall have exclusive power to manageandgovern said Junior College, and as such they shall constitute abody corporate by the nameof the Junior College District State of Texas, and in that namemayacquire andholi real andpersonal property, sue andbe sued, andmayreceive bequests anddonations, or other moneys or funds coming legally into their hands, andmayperform other acts for the provtion of education in said district.” .-Hon. Julian E. Weisler, page 4 (O-2433)

. Article 2802e-1,

provides thatt

“All independent Vernon’s Aonotated Civil Statutes,

school districts, and all cities which have assumedthe control of the public schools situated therein, shall have power to build or purchase buildings andgrounds located within or without the distrk or city, for the purpose of constructing gymnasia, stadia, or other recreational facilities, andto mortgage and encumber the same9andthe income, tolls, fees, rents, andother 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 andappliances for use therein, and as additional security therefor by the terms of such encumbrance, maygrant 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 mannerin which they are to be paid. Weare 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 moneyon the credit of the school funds of said District to meet salaries of teachers end other current expenses whenthe funds on hand are not sufficient to meet the same9to 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, andfrom 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 sumestimated for current expenses, as shownby the school budget of that year.” Senate Bill No. 

### 134,Acts of the 

### 46thLegislature, 

### 1939,is a special law, and this opinion is not to be construed as passing upon the constitutionality of this Act0Hon. Julian E. Wefsler, page 

### 5 (C-2433)

Thegeneral rule is that the trustees of independent school districts possess only the powers expressly conferred by law andnecessarily implied from the powers conferred. Originally the statute (Article 2715) granted to trustees of independent school districts the sameauthority, as regards the establishment andmaintenance of schools, that is conferred upon the governing bodies of Incorporated cities andtowns; and in determining the authority of such boards, the courts have applied the samerules as applied in municipal corporations. 4s amended, the statute merely gives the authority conferred by law uon independent school districts. Tex.Jur., Vol. 37, PP* 939-9b; Harlingen Independent School District vs. C. H. Page &Bras., 48 S.W. (2d) 983; DonnaIndependent 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 maylevy and collect atax 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 andrepairing agymnasiumandborrowing moneyagainst said funds for the construction thereof.

Underthe facts stated in your inquiry and the above mentioned authorities, your second question is respectfully answered in the negative.

Trusting that weare

APPROVED

JUE

### 15,1940 /s/ Gerald C. Mann ATTORNEY

GENERAL

OFTEXBS APPROVED:

OPINIONCO~IlTEE ATTORNEY GENERAL

OFTEXAS By/s/ Ardell Williams Ardell Williams, Assistant the foregoing fully answers your inquiry,

Yours very truly

BY: BWB,CHAIRMAN AU/oerwb