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# 739

OFtiCE OFTHEATTORNEYGENERALOFTEXAS AUSTIN **GROVER SELLERS**  AITQRNEI

**GENERAL** 11

Honorable L, A. Woods . State Superintendent of Public Instruction Austin, Texas Dear sir: Oplnlon No. O-6569 Rex Slim tho law does

Thin repllSs to your Pay 3. 1945, vhich reads as fo ides in partt

eat of the schools e funds are appropriated. 1’ call also that Article 2657 empovers tendcnt to issue regulations and lnterthe school law. aAotfng under these 8t8tutes and in coopqratlon with the Legislative Accountant, ve based the transportation .g%i.ntsfor the current tam on the first six 

### monthsof

’ the school term and set April 1, 1945, aa the deadline for gottlng the reports to this offIce. During the fall-we put out a Schooluan’s Calendar and Guide that called attention to the faat that April 1 was the 2

# 740

Bonorable. L. A. Woods, page 2

last day ~for filing transportation reports In the Equalization Division. OnJanuary 24, 1945, ve furnished the necessary forms to the county superintendents and sent a letter to the county aupe& lntendents and prInclpals and nuperIntandents of the receIvIng schools of the state, pointing out again that the transportation reports should be sent In promptly after the close of the sixth month of the term and In no Instance later thanApril 1.

‘This question: Since the lav does tiot set a date for submitting transportation reports to this offIc&, are ve not authorized to set such a date onvhich the reports are due In this office so that all reports can be audited and the moneydlstrlbutod before the close of the fiscal parlod?”

. ’ In addition to the above-quoted part of Article 6, the other provision of B. B. 176 or Chapter 373, Acts of the Portgeighth Legislature, to be considered In answering your request Is Section 1 of Article 9, which provides as Pollowsr



### 0 PInal payment by warrant’ of the total emo& iliotted to any one school shall then be madenot later than June 1, 

### or as early as nossi

### ble thereafter after tho approval and upon the order oi’ ~theState Superintendent of Public InI structlon and the Legislative Accountant.
. . .’

TheLegislature did not provide a fixed date for the ! sgenctea receiving State aid to submit transportation reports to i your office..’ TheLegislature, howover, 

### did grant to your office sad the Legislative Accountant the authority to makereasonable rules and ragulatlons’ne~ceasarg to 

### carry out the provisions of Chapter 37.3. Thedate June 1, as provided In Section 1 of Artlclo 9, Is dtrectorp. Before your department and the Leglslatlve accountant can attempt to comply with the provlslone of the statUteand makethe final payment of the moneyallocated, you must ’ have the reports from the various schools In time to allow your j department and the Legislative Accountant to makean audit of the sameSOthat the warrants can be issued, If possible, by June 1 Ofeaoh year “or as early as posalble thereafter.* If your department and the.LegIslatIve Accountant cannot, under your 6uthorIty to makerules and regulations, Six a date for the fllI.W$ Ofthe rapoh, It would be lmposslble for you to efficiently adNnlster the provisions of Chapter 373. Wedo not believe that the bgislature Intended to pass an unworkable lav.**-,> .**  **. .** **’ 1**  

# 741 ~cnora~le L. A. 

### Woods, page 3

Weare, therefore, o? the opinion that,your departmnt, 

### ~0co-opimation with the Lcglslatlve Accountant, has the authority to prowlgate a rule fixing a Oat6for the various cjchool authoritlea to file their tmnsportatlon reports with your‘office. yoare also of the opinion thatiApril 1 of each yew lo a reasonable time to rcqulre the 

### raports to be filed, eince that.date b.llous approxinately al&y days for the auditing Of 

### the thouotlnda ofreports. Slnco June1 iouerelga directory bnt;e, wesuggest thatyou also include In the rule a provlslon allo~lng reports to ;lfgiz$ter Ap~prll1 If ifood cause ia ohouzxfor ths delay of

. Yours vary truly,

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