OFFICE OF THE A7TORNEY GENERAL OF TEXAS 

### AUSTIN

: -’ ,i. lionorable T.%. Trimble, Fir&t Assistant State kkqerintendent OF ;'2bllc38 tructfoL Austin, T ex a 8

Opinion %m.S& O-4953 (1) Lerudh of contract betwe

(2)methar~iala of SCSCiOljus by common school dlstric~tiast be approved by cmnty board. (3) iaQ~er~paylAaat8 for.&~'.,. ChaSO Of bU8 3iltLy sXthti>'pa8t prosent school gear. ,*-.

. .- We.have r8ceiV9d @ii latter of 3otuber YS, 1342, in which you'enciosa a'lettcr TIWBiI&r,li tciH&Son, i;ouatgCuperintendent-,oi iClPaso Couxlw. We quote the folloxing fro= m?. mntoil's letter? *ri;

"2. The school EOarciOWIISthe yrosent YCLi;;Cil bus and desires to sell it to tileco:ltlwctor.

,Zonorable T. L Trimble, page #2

18 it necessary toma-me the approval of the County Board in 

### accordance with Artkle 27534

"S. Can we sell the bus to him on credit
even thou#.kthe fIna papnte will not be made during the present s&o01 

### yearTn

The only statutes, which we have 

### beenable to find, autlxirinlng the board of trustees of a sczloolllstrict to employ or contract with a parson or firm for the transportation o,Cits pupils, am Articles 2G87a ami 2e13, ?'ernon:s Annotated civil statutes. 'Art1cl.e~2687aprOVid8S as follows:

nTranaportatfon of pupils. -The trustees of any oohool dlatrict, immon or lndepondent, makLng provl8loE for the *ansportation of pUpi ta and from eabocl, ,a?~+ for such purpose employ or aontract witka'rospoqsible peraon'or 

### fbm: -It&i

parsonshalIlbe employed.to tramport pupils, who Is not at least twenty-one year8 of age and a competent driver of motor VehiOl8S and sound in body and mind. All motor vehicles operated by school bistriats, dlreatly or by contract, 3.nthe tramportatiom 0r pupils shall bs covered ..andso glassed OP cirrtalnedat the sides and rear :-a8to proteot the pup118 from tin8lnalemenclos of the weather, and &al1 at all times be eq\rlpped with efficient lights and brakes. me dr%vors of 

### all echwl txansportatlon v8hialea shall be re- ,quf.a'&to **give** bondfor Such mount as the Board

.. ~:. &-Truat88s of the dietriat may preaarlbe; not 'loss than ~2,000,00~ WbU to theU.&riot, and -OoaditZon~ upn the~~fW$htbl and carehil 

### &fsahsrge 'ofth8%~~duti88 t8r the protection of theptlpjJ.8 UIxl8rtheir cbiU?geand faithful perforkanae ~oftn8 contraCt with Sahool Board; and they shall, befon, cwaaing any railroad OF interurban railway tracks, bring their vehicles to a dead atop. Bai1u.m 00 stop before croaalng such railway as proVided herein shall forfeit t;hedrivers contract and, in caseof accident to pupils or veh.Lcles the bend sba11 **bo** forfeited and the amount and all H&t tkE:reunder siNll 

### be detomAned by a court of competent juriediotlou. 

### ,Acts lQ?Q, 41st Le&, .lstC.S., p. 96, oh:-.42,sea. 

### Ln:

Article 2213, relatfli#to consolidated school d%striots, reads 98 Zollows:

, eConsoLidation:.free transportation. -I&en in their judgment it I.a~deemed n13oesaax-y or e,?Jedient, I said trustees may provtie for .thetransportation of; pupils to **and** fw -‘elementary school ox'hL,& echooX of tl;edistrict whereupon such pusilc may be in attendarica, and trustees are hereby tim:o?:ersdto employ transportation vehicles and drivers for suc3: i aervlce, paying the cost~~thareof out of the.local ltlaint;sna.nao

fund of tJle:dIstiiot or out or Such 'others i-fundaas may be appropriated 'forth%s purpose. Id.' ]

You will notioe &at both of these statutes are silent
as to the term of tineemployment or contract. "or that reason It Is our opinion that the contract my not cover a lmt;er period of time than a

### yqar.

A cltulranaloggmay be &awn betveetithe question under oansldsration and the employment of tea&hers. Article 

### Q750a authorizes the trustee3 of a common school district to employ 

### teacher6 for a period of time not 

### inexcess of two years. Article 2781 authorimes the employment of teachars by the board of truateea cf 'a,indepe*ent sahool district for a teti not to exe884 thaws yeape, an+ by sane districts, for 

### atermnot 

### .taexceedfive.yeare. If the school districts already had such authority, then therm would be no point in pass%q suoh statutee. it.has been held that 'thesestatutes aro a mt /
OS .power,rmtla.l~ilpitation.Pikes v. sharp (%.I?.Ref.), ll2 s.7;: * 

### (ai) 774.Yonora~blo ii'. E. Trlmble, pase #4

**iTe quote**  tliu **r ”** **ollowi~ll;** from **the optifon**  **aI the**  **court** luFike8 v. Sharp, silpra:

Vhe raots that these common who01 dietricta 

### are supported largelyby annual apportionments fmm thepublh frea school -'unds~that theyal.130 &rLva. theirravenw fian local taxat;lon,the .;rat;e ofwh%ohmay be charged from **year** 

### toyOar. bg the eleo+ate,; 

### that theyee subject toreclassification frar;i ;sar to year by the county authorities; and that 

## theirscholastic population a?ayvary fram ;~e.ar to year Sz amimer'sa

### rioply to,

offeat thqirrevenuesf are~~aonsiderac, -' tlons vhich we

### belive stron&'lypoint toa le$&+ ~~ latlve intent that oontraots 

### binding upon their ~ fuw8 revenues should be ilmited to a 

### on8-jcm period."



### ::.. ~~~~~,-th6et:~~ovtsLo~ theboaxkof trustees of
a schoo~'rIi&ri~t?coul.d 

### qaplog keachers fora termno lower thana jEM&, than ft%SO,l.V? Q+lbIl t&tt aS theZWi8 90 provision gmini$ng the school trustees &uthority to employ or 

### aontraat with aMa .&rLvorforaperiod **loa&sr** 

### $hs.nayear, the samemr hotbe dcqe*

OIV?oondusion isCoMiStent~with the~weil-ostaUli8hed PZ'inOiplS thRt **SOhO+** 

### tl'Ut88Swnnot create a deflolency debt fa.ga.l.Mt

he,, diatlygt. Jwtfole 2749;,Collier- v. Peacock, 93 Tex. **2fi5;.T!empleman** 

### Gozmon SctuJolDietriot Ho. l.of.Waeos County V. Boy-dB. EleadCo., 101 5. E. i2d) 3S2.

Your flret question is ape~if:loaUy::anaw8~ed as fool- 

### &ma;: The be&&of tmstces 

### ofammnon scboot.distrlct may tit 

### 'makea aontraot-for 

### tnbtrauspoxtation ol .4.te,puplle

# r0r

a lgnger terg then 

### 5year. **A** contract **~may bs.** **made**

### for i&to

. reiuaindarof the current sohool yq* but it marmot 

### aover both the remainder of this school~yearand the 

### following school year. Our conolusion 

### i3 strerithened by tne fact that theState Department of Zducation has long construec?~tLc statutes



### as authotiaing tiboard of truatess to make a trallsportatlon 

### ~ccnt%ot for zm longer period of time than one yemx.

We wish todFrect your attention to the cur&at rur& aidbill (ActslSkl, 47th L6g., B.S., Ii.B. 884, c& 549, p. E@O) wheraln it isprovided that the county.bc&rda bf trustees 

### may employ bus 

### drivers.. Section 4 

### of Article 

### V ~@ranspo$%ation Aid) reads an follows:

"county Boards of Trustees are hereby authorised to employ bus drfvers Sor one year and the salary of no bus driver may **be** paid out of the county Board Transportation Fund created herein unhss such bus driver is so employed. iyrovided furt??6r,that 

### onlypctpilsor perEons directly conmeted with the school system shall be Was

### ported.on aahool buseswhile in the ?rocoos of I tqxnaporting ?u~ila to 

### and from th6 school.and. .~ zanybus 

### driver violating the forego- prcvieiona 

### shall forfeit his contraat and ehall.be imiwdiate

### 1s **discharged** by the County.Board of Trustees. HQweve~r) aubjeot 

### to theprovisions h6rein, bus driverswho own their om~buses and are so em

### ployed may 

### be given a contract for nst to exceed two (2) Fears conditioned that said ka drivers agme.to make Improvements on their buses, eo as 

### tomore adequateky~fsaure safer transportation for the 6ohelastlcs, and the rout6 of euih 

### bus 16not changed for the seoond y6'epr of theaou- '.tract2 ::., -. ., >.' : liou~~rill

notloe that theoounty boardmay employ-bus drivers for one year, or if the bus 

### driven3 own their-own 

### bused;,l'or.twoyears if said drivers "agree tomake **lmprtbve** 

### ments on their inme@, so ae to .aore, adequately insure safer 

### transportation for the scholaatioa ,and the route of au& hue is not ahanged for the second year of the aontraat.w However,Nonorahle 'i'. 12.Trlmble, page $6

the point about which youiingtire~is the authority of the board of~trustees of the school distriot tomake suah a oontraot, not the aouuty board. We wish to point out, however, that under Seation 4 above quoted the SalaIryof abus 

### drivergaaynot be paid with rural aid funds unless the driver is exaployed.bythe county.board, assuming, 

### of cours6, the school district is eligible and entitled to participate in **the rural**  aid **benel ’** **its.**

Ye now will consider the.seaond qu6stion. It is etated.that the school **district owns**  the present school bus and desires to sell the ssm6. ,Yourlsh to knoq whether the approval of the county board must be secured,under the provisions of Article 2753, whiah reads as followst

"Sale of 8ChOol property.- The trustees of **any** school **district,** upon the order of the county 

### trustees prescribing the terms 

### thereof, vhen deemed advkeable, may make sale of any property be-, .'~ longing to said school district, and apply th6 proceeds to the purchase of necessary g~?ouuds,
or to the building or repatiw of .schoolhous6s,
or place the proceeds to the credit of t.h6available sahool fund of E-md1strict.e

Althou& this article does not apply to independent sohool distriota, it does apply to aonmon school dlstriots. R. B. SpenceP& Co., v..Brown, 198 s. w. 1129. Though th6 word "property" in Its broad sense would include both real and personal property, it Is our opinion that wpropertye as used in Artiale 2755is limited in its application to real~property. !Chleconclusion is reached b6caus6 of sev6ral reasavl. First, tb$s artlale 1s ,placedamong those statutes dealing with the 

### landand achoolhous6s of distriots. (SeeArticle 2752, relating to the construction of buildings; Article 2754, d8ckWiII43 that tho sahoolhousea and grounds shall be under tke control of the district trustees; Article 2756, relating to the ua6 ofschoolhouses by white azJ colored students). Second, none

of the cases Fnwhiok thik artiale has been constru6d involved.the eale of personal groper@?, but OXJthe contrary, **dealt** only w%m conveyances of real eatate. Tnlrd, ths ~886 

### forwhluh the

### money derived from a aale under Article **2755** msy be applied are cleazzlyindlcatfve iA-&:a sale of realty
was contemplatad. fourth, tL6lere ismuch rcororeascu to reqUrre tko approval of the county board on a salo of realty thau there is in the case of **prsonal** proparty, for the value I, of the personal property of a district is usually neglL&ble i
as compared to its real property value. Until tileLegJ.slature authoriaed the purohase of buses, the only peroonal property that a district could acquire consisted only of supplies aad
. equIpmenti and we thLnk that at the time Article 2753 was 1 orIgInally enacted (lQO5), the Legislature had Fnmind only real property. j

The question now arises as to t-m ati;&zit; i;rrder which th6 board of trustees may sell tl:6~erso:lalproperty of i the district. The trustees of a common school district are a body corporate and ar6 given the right tomana& and control 5 the school distriat and its pro;Jerty. Sf3Ciirticids 2740 Qtld **2749,** Revised Civil Statutes. They ara zutilorizod to purahase /, supplies and equipmnt. See Article 20127,Revised Clril Statutea. It is ,truethat a board of trustees pos36sses only the I
powers expressly conferred upon it by law or necessarily im- I plied from such poFero. Zarlingen Independent Zchool i)fatriot
v. Pa&e Bras., 48 s. 3. (26) 983; 24 R.C.L.; 564. 

### However, we I believe that 8s tileboard 0: trustees of a common school distrlst ia a body oorporate authorized to acquire equipment and I supplies, it'has the authosTt3. to dispose of 3uch property b sale Prhcnths board in its disaretion determines that the in - f 1 crest of the school district would be best semcd by the same, and if this power is not an expressed power, it ;Ls**certainly I** 

an implied one. conpsro vestal et al., v. flc&rlL~ at al., (sup. ct. orekon), **26 Fat.**  **821. IIl**  **hi6** lilSLilIACt3**U.t ’** **‘ tii6**  **sale** of realty, an~~additional requirement is added; ~u-i~~ly~, the act of the county board in joinins with the loctiib~nr*2. ?;utthis requirement is uot prasei& in th6 sale of ;>or30:.~Lt;;.'Your second question is, tharefom, mlswered in 3x3 r;~~:;::tive.Eonorable T. E. 4rhble, pa@3 $8

If the board of trustaes ha13authority to sell the **parsopal** 

### property **of the**  **district, then**  **as the**  **terns JLI** **such** 8ki.e me Xl& Set OUt by StotUt6Q it i8 OUP O&-dIli.iX~ k&t tC6 &o6i~d.w detenaine such ~W?IILS, provided, of aourse, tat they are reasonable.

Your thXrd question is, thea?efore, answered as follows: If the board of tmrrtees in its di8oZWkiOI2 determines to sell the bus on credit and suoh aotion la seasonable in v&en of all the facts SWXOUlldil3& tz1.e transaotion,~ then itmay do 

### SOeven tho&zh Lie final payments are,not to be made dur%ng tie present school 

### year. 1% ia our furtiieropinion that the zsoney

### received **from the**  **sale ol** **” the**  **bum**would be local funds 

### underSect&on 8 **OS Artiole**  **2827 an&**  **coti.3 be**  used only for those puIposes whkh
are 

### set out in mm:? prorision.