OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable J. C. Roe 

County Attorney 

lyamrro County 

Corsicana, Texas 

Dear Sir: QQilliOIl NO. O-7260 

Re: Validity of Yectlon 2, Par. 3, 

page 280 reads: 

"'Ho school dia 

under or vhich 

order to ahov 

districts in Ravarro 

viev of this section of 

eet all other requirements 

s of your opinion of the legality 

Ion of the Statute. It occurs to 

la unreasonable and arbitrary 1~ 

of the recipients of the aid, and 

enallaes certain school diEtriCt8 

o conducted their finances as to be able 

to reduce their tax rate but still meet all the 

qualifications necessary to secure the a~ld provided, 

and that the qualifications placed on such recipients 

by such section of the stetute should be stricken from 
Han. 3. C. Roe - Page 2 

the 8ame because of such unreasonableness and 

because same 18 an arbitrary classification upon 

olass legislation and vholly defeats the purpose, 

aim and object of the legislature. 

‘Pleese advise me a8 to the constltutioI'i8lity Of the above Section Of the Bte.tUte above 

referred to at your earliest oonvenleace and 

oblige. n 

Your attack sgalnst the paragraph above quoted 

~03 the Rum1 Aid Law is apparently b88ed upon the Article of 

qur Conatltution vhich prohibits discriminatory and class legielation, md also sec. 5 of Article 7, which define8 the “available school fund” and declares this fund “shall be distributed 

to the several oounties 8UCOrding to their scholaatlo population. o 

Since the case of Numme Y. Marra, 40 s. W. (2) 31, 

deaided by our Supreme Court is squarely decisive of the issues 

raised by youp r8queat, ve quote very liberally Srom it: 

1, 

. . . Since the Legislature has the 

mandatory duty to make suitable provision ior the 

support and maintenance of an afrf0id system 0r 

publie free 8ohoo18, end has the paver to peas any 

law relative thereto, not prohibited by the Constltution, it necessarj.ly r0il0v8 tbat it has a oh0lco In 

the selection of mDethOd8 by vhioh the object of the OPganic lav may be efte&ated. The Legislature alone is 

to judge what meaus are neoesaary awl appropriate for 

a purpose vhich the Constitution makes 1egitLmate. 

The legislative deters&nation of the aethods, restrictions and regulations is final, except vhen so 

srbltrary as to be violative of the constitutional 

rights of the oitisen. 6 rtuling case mu, p. 1551154.. . 

“A.8 t0 vhether OP not a laV 8ecur88 due 

process end equal pmteotlon e,e required by the Constitution depend8 upon the subject On which it operates 

and the oharacter of rights vhich it affects. The constitutional guarantee does not forbid the state from 
aa. J. C. Roe - Pase 3 

sdJu8tlng its legl8l&lon to di.ffkpences in situBt1Qn. Equal prottitlon or law8 ie 8ecumtl if 

the atatutcse do not subject then individual to 

srbltrtuy oxerclee or the powem or govomment. It .~ 

18 vell eettled that le@ektlon te not open to 

objection if a11 who are brought under it8 influence am 

trertsd alike in the name clWiaa8tances. 9 Texan Jur+bpTud-to, P. 553 11.17. Xn the very nature of oooiety 

vith its mar&fold ooaupitlono and aontaat8, the L&alatum laut hove. and alearly doe8 hove, authority to 

018882.Q 8ubjset8 of legt8latloa, and, when the olarsirtoatian 18 narwable - the* ir, h8Bd MpQn 80# real 

differonoe exl8tlng ia t-ho sub sot of tit4 emotmat - 

and the lav applier Mrmly L tho8e vha are vlthln 

the partlo*r e&08, the not lo not open to conotltutlorml ob Cction. 

il19, P. 5 54 

9 Taxar JwiePmdcuroe, p. 555, 

, ~120, P. 5611, I121. 

%ho pmvlriaa of the lav ttmt a 8-1 

rhall not be eligible to retelve ruml aid until it 

vote8 a tax of 75 oents ma the @OO valuatlan o? the 

texable propertyofthe dUtriotl8not au unmmson8bZs 

roqulmmmt, becouee vell belov the m ~@e%u&tted 

by the ~onotltuUen and 18~8 of the state. Xt YJ bo 

rot.4 or not, u detonrtn+d by tb t 

T 

yen tbomelvee. 

mor 18 it di8oriminatory, Wwe It app ieo to all dirtracts auka which 8pply r0r aid.” 

Ys belleve the b8t quobat,ion dea the quelltian et 

haad agd you am themfore rbvirsU t&t the l eo tlo n of the rural 

Nd I,ey Inquired about ie oan8tltutitUWl. 

Although you have stat& t&t the rohool dirtriots 

In q\rrstIon are not eligible tar Sbte Aid by ma8on ot the abov8 

quotd pamgreph, VB are enclosing copies of Opiniono Ho8. O-6768, 

0-7017, a-7096 and o-7Sl7, vhieh i+el?pret thl8 wrqwph. 

Yews very tmly 

BY uooaTQv lEdwml8 

Asrrirtant