575 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

QROVCR SELLLRS 

ATIOINLI GIN~AL 

..’ 

Homrablo Xdgm Hutchtim 

County AttoriwJ, shult CoulltJ 

Ore*nvlll*, texaa 

.i’ 

mrr sir: Oplnlfm II.. o-7127 

R.8 Conrtructlon of Artlole 2772, 

R. C. 8., with 

title or ~1 p 

dopmdont rohoo 

rour requort for op 

rUlly conrldorod br thlr Do~rtmont. No qu 

aI follovr 1 

*I am ‘vrltlllg to as 

lng que8tlonr 

n ‘Should tltlo to al 

ent School Mrtrlct vhlch 

rchool money an 

In the Board of 

and the CltJ Counoil bar the authorrohool trurtser and alao to 1.y~ 

taxar for the rob001 dirtriot. Tbo rahool 

dlttrlat her rooontly voted bond8 to baquln a rlto 

for the enotlon of a nmv school bulldlng and the doad 

to the iltv va8 mdo to the cltr nther than to the 

Truatesa of the Independent School District. Tbo Bchool 

l lro 0~118 other propertim in vhloh title to the propl rtq 16 vested In the cltr. 
Honorable EQar Hutchins, page 2 

‘It Is my opinion that under the sxpresm provlslons of Article 2772 RCS tltla to this property should 

be yes ted In the Trustses of the Independent Mstrlc t 

and that the City council should re-deed the pro drty 

to thm Trustees of said Dlstrlot in aooordanoe v&h 

this Article.' 

Artlolo 2772, 1. C. S., reads as follovsr 

‘Article 2772. Promrty Yes ted In Trusterm .-- 

In every cltr or torn ln this 8tat hi h has or MJ 

assme the exolusl~r control and m&&&t OS pub110 fno schools vlthln Its limits, and vhloh bas or 

may dotermine that such l xcluslre oontrol and management shall bo In a board ef trustees, and organized 

under an aot OS the Slxtoenth Legislature, approved 

April ), 1879, and acts amendstory thereto, the title 

to all houses, Undo and other property ovned, held, 

set apsrtj or ln an7 Van dedicated to the use and 

benefit OS the public Ike schools of suoh city or 

tovn, Including property herotofora acquired as ~011 

as that vhloh may hereafter be acquired, shall be 

vested in the board of trustees and their suaoessors 

in offloe, in trust for the use and benefit of the 

public Yr6e schools ln suah city or tovnl and such 

board of trustees shall havs and exerolse the excluslvo control and management of such school property, 

and shall haoo and exorcise the exclusl~s possession 

thereor for the purpose aforesaid; provided, that 

vhere trusteor are named other than the munlolpal 

corporation Itself, ln any lnrtrumsnt oonveying, 

donating, bequeathing or devising any money or other 

property, real or personal, for ths benefit of any 

city or town, this lav shall not interfere ln an7 

manner vlth the title or authority of such trustees 

to or oyer suqh mane7 or other property. Such board 

of trustees shall constitute a boQ oorporate, and 

shall have full paver to protsot the title, posscsslon and uaa of all such property vlthin the limits 

of such city or town, and may bring and maintain 

such suit or suits In lav or in l qulty in any cou& 

OS tampatent jurlsdlctlon when necosrary to recover 

the title or possession of q such property that MJ 

be adversely held or seized, or to prevent any trespass upon or l.njurr to suoh propertrj provided, that 
. 

Honorable Bdgar Hutchine, page 3 

Jhe provlslonr of this article shall not apply to 

lands belonging to the State upon vhloh houses for * - 

school purpo8es have been built without authority 

from the State.” )” 

The ca8e of Houston v. Oonsalss Independent Schoo% Dlstrlct, 202 9. ii. 963, Tex. Clv. App., 229 5. W. 467, Tex. Sup. Ct., 

held that neither the above-quoted Artlala, ohanglng title of 

independent dirtrlct school property from the mayor to the school 

trustee8, nor the special act creating the Oonzale8 Independent 

School Dl8trlot, and extending the boundary and changing the 

tit10 toltr tru8tee8, violated the Bill of Rlghtr, Sections 1.6 

and 19, AS infringing on the proprietary Fights of the City of 

ffonzales, vhlch had assumed control over lts8ohools under Artlcle 3792, Rev. St. of 1879. 

Article 2773, Vernon’s Annotated Texas Civil Statutea, 

reads as follqvrr 

“Artlols 2773. Sale of School Propartx.-- 

Any houses or lauds held in trurt by any city or 

tovn Sor public free school purpo8as may be sold for 

the purpose of investing in more oonvenlent and desirable school property’, vlth the conrent of the 

State Board, by the board of school trustees of 

such city or tovn; and, in such cam, the prealdent 

of the school boerd shall execute his deed to the 

purcharer for the same, realtlng the resolution of 

the State Board giving consent thereto and the xw80- 

lutlon of the board of trustees authorlzlng such 

sale.” 

There being nothing to the contrary stated In your letter, 

ve assume that the Board of Trustees of the Independent School Digtrl’ct vas organlsed under the act referred to In Article 2772, 

8upra, or an amendment thereto. 

St Is clear from the above-cited authorities, under the 

facts stated and asnumed, that title to the property Inquired 

about Is vested in the Board of Truetee of the Independent School 

Dlatrlot and their sucoes8ors,ln office, 9x1 tru8t for the use and 

benefit of the pub110 free schools of ruoh city, lrrespeatlvs of 

the fact that the racord title van erroneously taken in the natas 

of the city instead of Ln the nap14 of tha Board of Tru8teea AS the 
Honorable Xdgar Hutchins, page 4 

statute provides. Bovavor, the fact that the record t+tie 18 

in the city Is lore or less immaterial, as th4 alty C+I nalther 

legally control the property nor validly convsy the #ltls away 

rra the Board 0s Trustdam. HovaYar, if the reoord'tltle is d48ir4d 

In tha Board of Trustees , mama could be obtainad by proper oonvsyan04 frcm the oity or by judgaant in a tr48pa88 to try title rult. 

Trusting that the abovo satlsfaatorily ansvars your lnqulry, va bra 

Vary truly yours, 

ATTORREY OHRRRAL OF TXXM 

UJF/JCP