YXE .A-rro~m~ GENERAL OF TEXAS R-739

PRICE DANIEL ATTORNEY

GENERAL September 1.8, 1947
Hon. C. D. Wright CountyAttorney Brlsooe County Silverton, Texas Opinion No. V-382 Re: Appointment of an asslstant to anEx-offlolo County Superlntendent under Articles 2701 and 3888, V.C.S. a8 amendedby S. B. 252, 50th Legislature. Dear Sir: Werefer to your letter of recent date wherein you request an opinion from this office on whether under 9. B. 252, Acts 1947, 50th Legislature, Regular Session, amending Articles 2701 and 3888, it Is mandatory or permissive for a County School Board to nameor appoint an,asslstant to the County Judge - Ex-offlolo County Superintendent.

Article 2701, as amendedby s. B. 252, provides in part as follows:

"In each county having no School Superintendent, the County Judge shall be Exofficio County Superintendent and shall perform all the duties required of the County Superintendent

. . . The County Board shall nameor appoint an assistant to the Ex-offlolo County Superintendent

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. the salary of the assistant Ex-offlolo Superintendent of Public Instruotlon

. . . shall be from andafter September 1, 1947, paid from the State and County Available School Fund." Article 3888, as amendedby S. B. 252, provides in part as follows:

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. . . TheEx-offlolo Assistant Superintendent of Public Instruction shall receive for his services such salary not to exceed Fifteen Hundred ($1500) Dollars aHon. C. D. Wright - Page 2 , _-

V-382

year as the County Board of School Trustees of the respective County mayprovide,” Seotion 5, the emergency clause In S, B. 252 provides in part:

“The faot that there Is no definite ppovlslon at present for the appointment and PemunePatlon of an assistant to the Exofflclo County Superintendent e 09creates an emergency e . o” In the oonstructlon of statutes, the wopd

“mapnmaybe used to mean “shall” or the word “shall” maybe construed to mean ‘may” according to the lntentfon expressed fn the statute; they must be glven the meanihg which will b8st express leglsltitive Intent. National Sure&gCorporation vs. Ladd, 115 9. W. (26) 600, 602; Schlemmer vs. Board of Trustees of Limestone County, 59 S. W. (26) 264; Hess &Skfnner Engineering Co. vao Turney, 203 9. W. 593, 595.

Artiole 2701, as amended, provides that a County Judge - Ex-offiolo County Superintsndent shall perform s the duties required of a Oountg School Superlatedlent.

There is no legislative intent evidenced in the statute amendedto oreate the office of anAsslstant Ex-offloio County Superintendent of Public Instruotion, nor to vest such an assistant with an presoribed powera or dut18s* Indeed, under,Artlole 38 8, fi aa amended, the salary of suoh a namedor appointed assl.stant mayvary anywhere from one dollar or less up to fifteen hundred dollara a year, whatever tne county sohool board w provide,

Said statutes aa amendadolrerly authorlee ?,kb County School BoarClto cameor appoint an aeslstant derlgnatbd th8r8ln aa “Ex-off1010 Assistant Superlntendent of Publia Instruction” and to provide for his servleer 8 salary not to 8xo88d Fifteen HundredDollars a year. 08rtainly, the OountgSohool Board in the exerair8 of Its dlrorstlonary authority In providing a salary **for** such an e8slatant oould 8ffeotlvdly thwart an attempt to force It to appoint such an assistant. In short, wedo not find an lntsndmant wfthln Uald ststutee to Impose upon the oountiee thereby affected an assistant Ex-offloio Oounty Superintendent, if the County Sob001 Board acting In oooperstloa with the CountyHan, C. D. Wrfght - Page 3 v-382
Judge shall determine that such an assistant Is not needed0 Furth8IQlOr8, this construction of the said amendedstatutes is consonant with the authorftg of the County Sohool Board to nameor appofnt an aesfatant or assistants to all other elective or appointfve county superintendents In this State~~i Article flQ0 a8 amendedbyAots'1947, 50th Leglblature, R. S.,~R. B. 375, andAlitlole 2688, V,C.S. It would seem~%nreasonable to give a mandatory Interpretation to the statute authorlzfllg the namingof an assistant to aa ex-offlcfo county superintendent, absent of a clear intendment fn the statute to that effect, whenthe authority to nameor appofnt anassistant to all other electfve OPappofntlve county 8Up8rintend8nta In this State Is p8I'%iS81V8.

It Is our opinion, therefore, that under Articles 2702 and 3888,~V.c.Si asambhdedby S. B.'252, Aots 1947, 50th Legislature, Regular Session, Chapter 305;lt 1s p8Flplsslve rather than mandatory 

### ?ora County Sohool Board to nameor appoint adAssistant to the County Judge - Ex-oif ’iolo County Superfntendent 0 SUMMARY

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-‘~ .’-UnderArtltiles 2702 and.3888, V.C.S., ae ameiiddaby S.'B'.'252, Acts 1947, 50th Legislature, Regular Session, It Is perml~slve rather than mandatory for a County Sohool Board to nameor appoint anAssistant to the CountyJudge - Ex-offloio County Superintendent 0 very tray youm APPROVED

: ‘ATTORREY QRNERAL

OFTEMS

A’LTORRRY

GRRERAL Chester E. Ollleon Asalatant CEO mm@ zwb njt