Hon. T. M. Trimble, F+St Assistant 

State Superintendent of Public Instruction 

Austin, Texas 

Opinion No. O-6797 

Ae: Requirements under the provisions 

of Section 1 of Article I of Senate 

Bill 167, Acts 49th Legislature, 

with reference to school districts' 

eligibility for Equalization Aid. 

Dear Sir: 

We are in receipt of your letter of recent date 

requesting the opinion of this department on the above stated 

matter. Your department has also furnished us a letter addressed to Dr. L. A. Woods from Mr. R. S. Bolter, County Superintendent of Smith County, Texas, wherein many questions are 

raised with reference to the subject of your inquiry. We 

quote from your letter as follows: 

"The teacher in a one-teacher school 

has never been considered as an administrator. The Rural Aid Bill, under which we are 

now operating, allows such a teacher $5 per 

month in addition to her schedule salary for 

performing such minor administrative duties 

necessary to the conduct of the school in 

which she is teaching. The legal administrator of such a school is the county superintendent. It is necessary for many of the 

teachers in one and two-teacher schools to 

drive the school bus as there is no one 

else available. 

"Is it possible, under the present 

Equalization Law, for the board of trustees 

and the county superintendent to pay the 
Hon. T. M. Trimble - page 2 

head teacher of a common school district 

for service which she is rendering as a 

bus driver? 

As a general provision with reference to the 

county transportation system, we call your attention to the 

fOllOWbIg provisions contained in Article V of Senate Bill 

167, Acts 49th Legislature: 

"The County Superintendent and County 

School Boards of the several counties of this 

state subiect to the approval of the State 

Superintendent of Public Instruction, are 

hereby authorized to annually set up the 

most economical system of transportation possible for the purpose of transporting both grade 

and high school pupils from their districts,and withrn the~r"distrftits; -The Y!odnty Shal%: be regarded as 

the unit a.ird.~ tiewarrant mad&'-paPable--to the County 

Boai?dd,Transporte~&dn Fund,,‘ok>th$ t&al transportation earned within the county not to exceed 

the total approved cost thereof; . O . 

"County Boards of Trustees are hereby 

authorized to employ bus drivers for one year, 

and the salary of no bus driver may be paid 

out of the County Board Transportation Fund 

created herein unless such bus driver is so 

employed. Provided, further, that only pupils 

or persons directly connected with the school 

system shall be transported on school buses 

while in the process of transporting pupils to 

and from the school, and any bus driver violating the foregoing provisions shall forfeit 

his contract and shall be immediately discharged by the County Board of Trustees. . . .' 

Article I of Senate Bill 167, sets forth certain 

specif$c requirements with which a school district must Comply 

in order for such district to be eligible for Equalization Aid. 

We call your attention particularly to the following provisions contained in Section 1 of Article I of said Act: 

"No school district will be eligible 

for any type of aid, except tuition aid, under 

the provisions of this Act, which pays any 
Hon. T. M. Trlmble - page 3 

salary above those specified in this 

Af;,dsfrom any State, local or Federal 

used to supplement salaries of 

Vocational Agricultural, Home Eoonomics and Trade & Industries teachers, 

and funds from the Federal Lanham Act. 

"Provided that the salaries of 

atheletic directors, band directors or 

lunch room supervisors may be supplemented, 

from funds derived from sources other than 

taxes, without making the school ineligible under this section; and provided further 

that teachers who also serve as bus drivers, 

but who perform no administrative duties, 

may be paid an additional salary as bus 

drivers out of any funds of the district 

derived from a local maintenance tax in 

excess of the local maintenance tax of 

Fifty Cents (50k 

Dollars ($100.00 1 

on the One Hundred 

valuation required to 

be levied by Sec. 2 of Article 1 hereof; 

provided further, that the additional 

salary paid for serving as bus driver 

shall conform to the salary scale paid 

other bus drivers of the district, and an 

itemized list of all such supplements shall 

be furnished the State Department of Education and the Legislative Accountant with 

the general budget of the district." 

Under the foregoing provisions, when a district 

pays any salary above those specified in the Act from any state, 

local or ~Federal funds whatsoever, such district will not be 

eligible for any kind of aid (except high school tuition aid) 

except:~ 

(1) Where salaries of Vocational, 

Agriculture, Home Economics, and Trade Industries teachers are supplemented from 

Federal funds, and 

(2) Where salaries are supplemented 

from funds derived from the Federal Lanham 

Act; 

(3) Where salaries of athletic directors, 
.- . 

Hon. T. M. Tritnble - page 4 

band directors, or lunch room supervisors are 

supplemented from funds derived from sources 

other than taxes; 

i4) wh ere teachers who perform no administrative duties are paid an additional salary 

as bus drivers out of the funds of the distri'ct 

derived from a local maintenance tax In excess 

of the local maintenance tax of the required 

Fifty Cents (50k) on the One Hundred Dollars 

($100.00) valuation. 

Under the above quoted provisions, we note that a district Is not rendered ineligible for Equalization Aid by reason 

of paying salaries above those specified in the Act when a 

teacher who performs no administrative duties is paid an additional salary for services as a bus driver out of the designated 

local funds. Iti is further provided that the additional salary 

which is authorized to be paid to a teacher out of the specified 

local funds of the district, must conform to the salary similarly paid other bus drivers of the district. In this connection, we note that Article V of Senate Bill 167, supra, 

makes general provisions for setting up a County Transportation 

System and for the payment of the bus drivers out of the County 

Board Transportation Fund. We note, however, that where a 

school teacher who performs no administrative duties is a bus 

driver, Article I of the Act authorizes the payment of the 

additional salary of said teacher for services as a bus driver 

out of "funds of the District derived from local maintenance 

taxes in excess of the Fifty Cents (5Of!) on the One Hundred 

Dollars ($100.00) valuation." 

We call your attention to the following language contained in 39 Tex.Jur. "Statutes", Sec. 101, p. 191: 

"Where one section of an act prescribes a 

general rule which, without qualification, would 

embrace an entire class of subjects, and another 

section prescribes a different rule for individual 

subjects of the same class, the latter will be 

construed as an exception to the general rule." 

It is stated in 39 Tex.Jur. "Statutes" Section 114, p. 213: 

"When a statute makes a general provision apparently to all cases and a special provision for 

a particular case or class, the former yields and 

the latter prevails insofar as the particular case 

or class is concerned," 
.-. 

Hon. T. M. Trimble - page 5 

Moreover, it is stated in 39 Tex.Jur. "Statutes" Section 100, 

pp.l8g-lgo: 

"A provision limiting a thing to be done 

in a particular form or manner implies that 

it shall not be done'otherwise . .~. when a 

right or power is granted and the method of its 

exercise is prescribed, the prescribed method 

excludes all others." 

In view of the foregoing, it is apparent that the provisions of Article I, with reference to the method of payment 

of the additional salary of a teacher who performs no administrative duties and serves as a bus driver, constitutes an exception to the general provisions of Article V, with reference 

to the general method of payment of bus drivers, and therefore 

prevails as the authorized method of payment of a teacher for 

services as a bus driver. In view of the foreg~oing, you are advised that a teacher in a district otherwise eligible for 

Equalization Aid, who serves as, a bus driver, cannot be paid 

an additional salary for such services from the County Board 

Transportation Fund, for the payment of such teacher for such 

services is governed by that portion of Article I which provides 

for such payment "out of any funds of the District derived from 

a local maintenance tax in excess of the local maintenance tax 

of Fifty Cents (50k) on the One Hundred Dollars ($100.00) valuation." 

In order to answer your question as to whether a 

common school district's eligibility for rural aid is affected 

by paying the head teacher thereof an additional salary for 

driving a school bus, it is necessary to determine what is 

meant by the performance of "administrative duties" within the 

contemplation of this Act. In construing a statutory word or 

phrase, it is proper to take into consideration the meanin 

of the same or similar language used elsewhere in the Act 7 39 

Tex. Jur. "Statutes“, Sec. 108, p., 201). With further reference to this matter, it is stated in 39 Tex. Jur. "Statutes" 

sec. 104, p. 196-197: 

"In every case the particular meaning depends 

upon, and must be determined by, the context and 

subject matter and the evident intention of the 

Legislature." 

We call your attention to the following provisions contained in Section 1 of Article I of the Act: 
Hon. T. M. Trimble - page 6 

"No school district will be eligible for 

any type of aid, except tuition aid, under the 

provisions of this Act, which pays eny salary above 

those specified In this Act from any state, local 

or Federal funds whatsoever . . ~provided . . . 

that teachers who also serve as hus drivers, but 

who perform no administrative duties, may be paid 

an additional salary as bus d~rivers out of any 

funds of the district derived from a local malntenance tax in excess of the local maintenance tax 

3 

Fifty Cents (5Ob) on the One Hundred Dollars 

100.00) valuation required to be levied by Section 2 of Article I hereof; provided further, that 

the additional salary paid for serving as bus 

driver shall conform to the salary scale paid 

other bus drivers of the district, and an itemized 

list of all such supplements shall be furnished the 

State Department of Education and the Legislative 

Accountant with the general budget of the district." (Underscoring ours .) 

Also, we call your attention to the following language contained 

in Section 2 of Article III of the above mentioned act: 

"Salary Schedule and Length of Term. The 

base nay for class room teachers in unaccredited 

schools shall be One Hundred and Thirty-five 

Dollars (135.00) per month for eight (8) months. 

The base pay for class room teachers in accredited 

schools shall be One Hundred and Thirty-five 

Dollars ($135.00) permonth for nine (9) months. 

The base pay for Home Economics teachers shall be 

One Hundred and Thirty-five Dollars($135.00) per 

month for ten (10) months. The base pay for Vocational Agriculture teachers, and Trades and Industries teachers shall be One Hundred Seventeen 

Dollars and Fifty Cents ($117.50) per month for 

twelve months (12). Three Dollars ($3.00) per month 

shall be added for each year of colle e credit over 

one year not to exceed Fifty Dollars 7 $15.00). 

One Dollar and Fifty Cepts ($1.50) per month shall 

be added for each year of teaching experience; provided such amount added for ex erience shall not 

exceed Fifteen Dollars ($15.00 P per month. 
Hon. T. M. Trimble - page 7 

"Administrative Salaries. Additional allowances for 

teachers serving as principals In unaccredited schools 

shall~be Five Dollars ($5.00) per month per teacher but 

in no Instance -to exceed Forty Dollars ($40.00) per month. 

"Allowances for high school principals in accredited schools shall be Twelve Dollars ($12.00) per month 

in schools with nine (9) to eleven (11) teachers; twelve 

12)twelve to nineteen (19) teachers Thirty Dollars 

$30.00); twenty (20) to twenty-nine 129) teachers 

Thirty-five Dollars ($35.00) per month; thirty (3Oj or 

more teachers, Forty Dollars ($40.00) per month. Salaries for high school principals In accredited schools 

shall be paid for ten (10 months. Superintendents 

in schools having five (5 teachers shall receive an 

additional allowance of Forty-five'Dollars ($45.00) per 

month; six (6) to seven (7) teachers, Fifty Dollars 

($50.00) per month; eight (8) to eleven (11) teachers, 

Fifty-five Dollars ($55.00) per month; twelve (12) to 

nineteen teachers Seventy-five Dollars ($75.00) per 

month; twenty (201 to twent -nine 

Ninety-five Dollars ($95.00 3 

(29) teachers, 

per month; thirty (30) or 

more teachers, One Hundred-five Dollars ($105.00) per 

month. Salaries of superintendents shall be paid for 

twelve (12) months. No school with less than nine (9) 

teachers can have both principal and superintendent. 

Principals of accredited elementary schools in a district which does not include a high school shall receive an additional allowance of 81x Dollars ($6.00) 

per month per teacher,, not to exceed Fifty-four Dqllars 

($54.00) per month." (Underscoring ours) 

In the above salary schedule we note that the first paragraph sets the base pay for class room teachers while the second 

paragraph of said section under the heading of 'Administrative 

Salaries" authorizes additional allowances for teachers serving as 

principals in unaccredited schools and for principals and superintendents in accredited schools. It is manifest that the law 

contemplates that any teacher who would be entitled and authorized to receive "additional allowance" authorized under the 

classification, "Administrative Salaries", should be regarded 

as a teacher performing administrative duties. When the language 

contained in Section 1 of Article I with reference to a teacher 

"who performs no administrative duties" Is considered in context 

with the term "Administrative Salaries" contained in Section 2 

of Article III of the Act, authorizing an additional allowance in 

the compensation of such teachers, it is manifest that within the 

contemplation of this Act the language relative to teachers 
Hon. T. M. Trimble - page 8 

"who perform no administrative duties" referred to teachers 

other than those who were receiving 'Administrative Salaries" 

under the provisions of Section 2 of Article III. 

In view of the foregoing, it is our opinion that when 

a district pays a teacher, who receives "additional allowance" 

as an "administrative salary" (and within the contemplation of 

the Act performs administrative duties), an additional salary for 

services as a bus driver, the payment of such additional salary 

would not be in compliance with the terms of the exception that 

authorizes a district to pay additional salary to a teacher "who 

performs 1112 administrative duties" without lmpalring such district's eligibility for Equalization Aid. 

In connection with the construction of exceptions or 

'jprovisos", we call your attention to the follow$ng language contained in 39 Tex. Jur. "Statutes", Sec.101, p. 191: 

"The fact that an Act contains one or more 

exceptions discloses an intention on the part of 

the Legislature that there should be no other 

exceptions and that the Act should apply in all 

cases not excepted. . . In construing a statute 

it is not ordinarily permissible to imply an exception . . . or to enlarge an exception so as to 

include cases not within Its terms." 

In view of the above and foregoing, it is our opinion 

that under the provisions of Section 1 of Article I of the 

Equalization Act, a District that pays a teacher, who receives 

an "additional allowance" as an "Administrative Salary" (within 

the contemplation of the Act for the performance of administrative duties), an additional salary for driving a school bus 

would constitute the payment of an additional salary not authorized by the terms of any exception or proviso in the Act 

and, therefore, such payment would render the district ineligible for any type of Equalization Aid except tuition aid. 

You are therefore advised that a common school district that 

pays an additional salary for services as a bus driver to a. 

head teacher or principal who Is entitled to or receives any 

"additional allowance" In any amount, as an administrative 

salary as provided in Section 2 of Article III, would be ineligible to receive any type of aid, except tuition aid. 

As pointed out, however, In a previous portion of this 

opinion, a school district may pay additional salary to a teacher, 
-- 

. . - 

Hon. T. M. Trimble - Page 9 

who performs no administrative duties, for services as a bus 

driver out of funds of the district derived fr,om local maintenance tax in excess of the required Fifty Cents (506) on the 

One Hundred Dollars ($100.00) valuation without affecting said 

district's eligibility for Equalization Aid, but in no event 

may a teacher be paid an additional salary for services as a 

bus driver from the County Board Transportation Fund. 

We have endeavored herein to construe the statutory 

provisions involved in accordance with the recognized principles of statutory construction. We regret that the provisions 

so construed will not satisfactorily and adequately cover many 

contingencies and emergencies that may arise in connection with 

the administration of the law. Consequently, such conditions 

constitute problems for legislative consideration. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

APPROVED May 16,1946 

Carlos, Ashley 

First Assistant 

Attorney General 

JAE:djm:bt 

BY J. A. Ellis 

J. A. Ellis 

Assistant