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I 

‘; 739 

OFtiCE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

GROVER SELLERS 

AITQRNEI GENERAL 

11 

Honorable L, A. Woods . 

State Superintendent of Public Instruction 

Aus tin, 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.nts for the current tam on the first six 

months of’ 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. On January 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 than April 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 on vhich 

the reports are due In this office so that all reports can be audited and the money dlstrlbutod 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 

made not later than June 1, or as early as nossible thereafter after tho approval and upon the 

order oi’ ~the State Superintendent of Public InI structlon and the Legislative Accountant. . . .’ 

The Legislature did not provide a fixed date for the 

! sgenctea receiving State aid to submit transportation reports to 

i your office..’ The Legislature, howover, did grant to your office 

sad the Legislative Accountant the authority to make reasonable 

rules and ragulatlons’ne~ceasarg to carry out the provisions of 

Chapter 37.3. The date 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 statUte and make the final payment of the money allocated, you must 

’ have the reports from the various schools In time to allow your 

j department and the Legislative Accountant to make an audit of the 

same SO that the warrants can be issued, If possible, by June 1 

Of eaoh year “or as early as posalble thereafter.* If your department and the. LegIslatIve Accountant cannot, under your 6uthorIty to make rules and regulations, Six a date for the fllI.W$ 

Of the rapoh, It would be lmposslble for you to efficiently adNnlster the provisions of Chapter 373. We do not believe that the 

bgislature Intended to pass an unworkable lav. 
-,> . . 

.’ 1 

741 

~cnora~le L. A. Woods, page 3 

We are, therefore, o? the opinion that, your departmnt, 

~0 co-opimation with the Lcglslatlve Accountant, has the authority to prowlgate a rule fixing a Oat6 for the various cjchool authoritlea to file their tmnsportatlon reports with your ‘office. 

yo are also of the opinion thati April 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 

of reports. Slnco June 1 io uerelg a directory bnt;e, we suggest 

that you also include In the rule a provlslon allo~lng reports to 

;lfgiz$ter Ap~prll 1 If ifood cause ia ohouzx for ths delay of 

. 

Yours vary truly, 

c