Hon. T. M, Trimble Opinion No* O-3453 

First Assistant Re: Method of signing vouchers 

State Superintendent of adopted by Poteet IndependPublic Instruct ion ent School District. 

Austin, Texas 

Dear Sir: 

In your letter of April 23, 1941, you advised us 

of the following facts: 

“The Board of Trustees of the Poteet Independent School District were duly organized following 

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 

following proceedings: 

“‘The Board proceeded to reorganize for the 

following year. R. S, Guynes was elected president 

of the Board; J, H. Mangum was elected vice president; Joe V. Davidson was elected secretary; M. D. 

Stroble was elected financial secretary of the Board 

and was authorized to make purchases, keep records 

of accounts, countersign vouchers drawn by the president upon order of the Board, and to perform any 

duties as directed by 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. Stroble has performed such duties for 

the Board of Trustees as outlined in order of his 

election and employment by the Board, Joe V. Davidson who is a membar of the Board has performed such 

per h unctory duties as signing minutes of the proceedings of the Board, orders for election, teachers 

contracts, etc.” 

And you request our opinion in responce to these two questions: 
. - i- 

- 

Hon. T. M. Trimble, page 2 (O-3453) 

"Does the above organization comply with 

the law?" 

"Is the fact that Joe V. Davidson signs perfunctory papers and records as secretary and M.D. 

Stroble signs vouchers when duly drawn by the 

president upon order of the Board of Trustees, a 

violation of the law?" 

The Poteet Independent School District was created 

by Special Act 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, Special Laws, 38th Legislature, Regular Session, Sec. 3 of the Act creating said 

district was amended so as to read as follows: 

"The management and control of the public 

free schools within 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 schools within 

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 

authority to 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 

embraced what 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 Annotated Civil Statutes). 

Article 2832, Revised Civil Statutes, authorizes the 

district to select its own depository, as it contains more than 

150 scholastics. 

The quoted provision from House Bill 508, 38th Legislature is broad enough to sustain the action of the Board of 

Trustees in appointing as financial secretary one 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 Opinion Ho. O-211& we held that the 

Board of Trustees of an independent school district created under general laws is authorized by Article 2779 to appoint was 

secretary a person who is not a member of the Board of Trustees. 

Hence we conclude that Mr. Stroble's not 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 disbursements of the district's funds may 

be made only by the Board or under its direction or order. 

No statute undertakes to set out just how such authority must 

be manifest or just what procedure must be followed in making 

withdrawals or disbursements of money from the depository.The 

Board must act as such and its action should be made to appear 

in the official minutes. The depository is entitled to be satisfied of Board action and authority before 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 Trustees has 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 affirmative and the second in 

the negative, 

Yours very truly 

ATTORNEY GENERAL OF T&AS 

By /s/ Glenn R. Lewis 

Glenn R. Lewis, Assistant 

APPROVEB MAY 7 1941 

/s/ Grover Sal II ers 

FIRST ASSISTANT ATTORNEY GENERAL 

APPROVED8 OPINION COMMITTEE 

BY: BWB, CHAIRMAN 

GRL:db:wb