Hon. T. M, Trimble OpinionNo* O-3453

First Assistant Re: Method of signingvouchers State Superintendent of adopted by Poteet IndependPublic Instruct

ion ent School District. Austin, Texas
Dear Sir:
In your letter of April 23, 1941, you advisedus of the followingfacts:

“The Board of Trustees of the Poteet Independent School Districtwere duly organizedfollowing the trustee elections the first Saturday in April according to the Public School Laws of Texas. “The minutes and order of the Board reveal the followingproceedings: “‘The Board proceededto reorganizefor the followingyear. R. S, Guynes was elected president of the Board; J, H. Mangum was elected vice president; Joe V. Davidsonwas elected secretary;M. D. Stroblewas elected financial secretaryof the Board and was authorizedto make purchases,keep records of accounts,countersignvouchersdrawn by the president upon order of the Board, and to perform any duties as directedby the Board.’
“R. S, Guynes is a member of the Board, Joe V, Davidson is a member of the Board, and M. D. Stroble is not a member of the Board.

I’M, D. Stroblehas performed such duties for the Board of Trustees as outlined in order of his election and employmentby the Board, Joe V. Davidson who is a membar of the Board has performed such per unctory duties as signingminutes of the proceedh ings of the Board, orders for election,teachers contracts,etc.” And you request our opinion in responce to these two questions:. - i-
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Hon. T. M. Trimble, page 2 (O-3453)

"Does the above organizationcomplywith the law?"
"Is the fact that Joe V. Davidson signs perfunctory papers and records as secretaryand M.D. Stroble signs voucherswhen duly drawn by the presidentupon order of the Board of Trustees, a violation of the law?" The Poteet IndependentSchool Districtwas created by SpecialAct of the Legislature in 1913. H.B. No. 523, Ch, 23, p. 80 Special Laws 33rd Legislature, Regular Session. By House k.11 No. 508, &h. 60, p., 223, SpecialLaws, 38th Legislature,

Regular Session, Sec. 3 of the Act creating said districtwas amended so as to read as follows:

"The managementand control of the public free schoolswithin said district is hereby vested in a board of trustees,which board shall be composed of seven persons to be elected in accordance with Chapter 18, Title 48 Revised Civil Statutes of Texas, which said boarb of trustees shall maintain and control the public free schoolswithin said district to the exclusion of every other authority except in so far as the State Superintendent of Public Instruction and the State Board of Education may be vested by law with supervisory authorityto instruct said board." Chapter 18, Title 48 Revised Civil Statutes of Texas, at the time of the enactment oh said House Bill 508 in 1923 embracedwhat is now Articles 2774 to 2783 Revised Civil &atutes of 192 2777a, 2777

2 (but it will be noted not in&ding Articles 2774a, and 2783a, Vernon's AnnotatedCivil Statutes). Article 2832, Revised Civil Statutes,authorizesthe district to select its own depository,as it containsmore than 150 scholastics.

The quoted provisionfrom House Bill 508, 38th Legislature is broad enough to sustain the action of the Board of Trustees in appointingas financial secretaryone who is not a member of the Board. If Article 2779 is applicable,a point which we do not deem it necessary to decide it does not forbid such appointment. In our OpinionHo. O-211& we held that the Board of Trustees of an independentschool district created under general laws is authorizedby Article 2779 to appointwas secretarya person who is not a member of the Board of Trustees. Hence we conclude that Mr. Stroble'snot being a trustee is not a material factor.Hon. 11, Me Trimble, page 3 (0-3453)

Since the,Board of Trustees is the governing authority of the district disbursementsof the district'sfunds may be made only by the Board or under its direction or order. No statuteundertakesto set out just how such authoritymust be manifest or just what proceduremust be followed in making withdrawalsor disbursements of money from the depository.The Board must act as such and its action shouldbe made to appear in the officialminutes. The depository is entitled to be satisfied of Board action and authoritybefore honoring a voucher and it goes without saying that it is best for all parties concerned that the depository should not release funds unless it be made to appear clearly that the Board of Trusteeshas authorized the same. However there is nothing in our laws which forbids the procedure which has been adopted end we: therefore answer your first question in the affirmativeand the second in the negative,
Yours very truly
ATTORNEYGENERAL OF T&AS By /s/ Glenn R. Lewis Glenn R. Lewis, Assistant
APPROVEBMAY 7 1941 /s/ Grover Sal ers

II FIRST ASSISTANTATTORNEYGENERAL APPROVED8OPINION COMMITTEE BY: BWB, CHAIRMAN GRL:db:wb