OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Honorable Tom State Auditor Austin, Texas
Dear Sir: .

C. King and Efficiency Expert

opinionNo.

an opinion from thi after set rorth, a helpfulway inw nectionwith a respective inq y 11, 1940, requesting e questionshereinhank you for the very the questions in conpertinent to the

as roiiows: Civil Statutes,~ relatts of the State Teachers' ragraph 6 in part as folEach and everymember of shallreceive five dollars r the time spent attending ngs provided for in this law, ddition'thereto the amunt of aveling expenses, said compensation to be paid to the severalmembers of the board out of the appropriation for the support and maintenance of the said State Teachers' Colleges as the boardmay direct.'Honorable Tom C. King - page 2

"Section 2 (a) of Chapter 444, Acts 45th Legislature,appropriated to eachof the"State Teachers* Colleges the balances in their idstitutional funds from the preceding biennium, together with the income to such funds during the biennium for which the appropriation was made, for their *support,maintenance, operation, and improvement.* In the same enactment appropriationswere made from Treasury funds for items denominatedvariously as follow3 (quoted,and numbered separatelyfor thedifferent schools): (1)Maintenanceand equipment; (2)Maintenance and Equipment; (3) General maintenance, equipmentand replacements; (4) Uaintenance and equipment, including heat, light, power, plumbing,wiring, stationery, printing,Regents' Expenses, etc.; (5)Departmental Maintenance and Equipment; I6) Departmental maintenance and equipment; 7) Maintenance and Equipment.
"Your opinion is respectfullyrequested as follows: "(1) Was authority grantedthe Board to require contributions from each institution to pay the Regents' per diem and expense allowances

:I;; rrom local institutionalfunds; and/or from State Treasury funds? "(2) Did the Board have authority to retain an executive secretary,payinghim a monthly salaryand traveling expenses from funds acquired in the manner indicated in question (1) above? “(3) Was authority given to employ a stenographer for the chairman of the Board, at a monthly salary from funds realized in the same manner? “(4) Could funds available to the Board under these appropriationsbe used to pay such of its incidentalexpenses as the cost of floral offerings? "Paragraph 7 of Article 2647 provides in part: "

. . . said board shall have power to formulateand establish such rulesHonorable Tom C. King - page 3

for the general controland management of the Statenormal schools for white teachers, for the auditing and approving of accounts, and for the issuance of vouchersand warrants as in their opinionmay be necessary for the efficient administrationof such schools.* "(5) Is thisnorany other law sufficient to empower the Board to maintaina bank account in its name as a repository for contributionsreceived from the different collegesunder its jurisdiction, disbursements from which are made by checks drawn by the Board's executive secretary?"
We beg to answer your questions categorically as follows:

1. Yes. These items were expresslydirected" to be paid to the severalmembers of the Board out of the appropriation for the supportand maintenance of the said Teashers' Colleges as the Boardmay direct." The balances, and the incoming institutionalfunds were appropriated to each of the State Teachers' Colleges,and so the general itemizedbill appropriateda sum to each of such colleges, in both instances for the purpose of the Ynaintenance",etc. of the institution.

These itemswere therefore either the local institutionalfunds 

## f~a3. properly payable from or the State Treasury
2, Yes. The Board had the authority, if necessary, to employ an executive secretaryand to pay his salary and traveling expenses from either of the funds above mentioned.3. Yes. A stenographer, if necessary, could lawfully have been employedby the Soard and paid in like msnner as an executive secretzry.

4. No. To "say it with flowers" is a worthy sentiment, but is a personal privilege. It has never been made an official duty of a public officer or board in this State.
In answering these questionswe have, of course, done so in the light of the latter part of paragraph n7" of Article 2647 quoted in your letter of inquiry.HonorableTom C. King - pa&e 4

5. Sec. 2 Or Article 2654dVernon's Texas Civil Statutes, is pertinent to this inquiry. That section is as follows: "The governing boards of the respective institutionsnamed in Section One above are authorized to selectdepositorybanks as places of deposit of all funds of the kind and character named in Section One,which are colleoted by said institutions,and said boards shell require adequate suretybonds or securitiesto be posted to secure said deposits, and may require additional security at any time any of said boardsdeem any said deposit inadequately secured. All funds of the characternamed in SectionOne hereof,which are so collected shall be deposited in said depository bank or banks within rive days from the date of collecltion. Depository banks so selectedare hereby authorized to pledge their securities to protect such

## rund3. All depositories so aesignated shall pay interest on saiddeposits at a rate to be agreed upon by said depositoriesand said governingboards. Any surety board furnished under the provisions of this Amall be payable to the Governor of the State and his successors in office, and venue or suit to reaover any amunt claimed by the State to be due on any of said bonds is hereby fixed in Travis County, Texas. State Teachers' Colleges and the character of funds under considerationappear to be embraced within Sea. 1 of thisArticle, and, therefore, to fall within the scope of Sec. 2.

Subseotlon (4) of the general provisions subjoined to S. B. No. 139, the general appropriation for supportand maintenance of State institutions of higher learning, (GeneralLaws 45th Legislature, 1937, regular session,at p. 1044) declares:

*The governingboard of the respective institutionsforwhich appropriationsare made in thisAct are hereby authorized to select depository banks for the safekeeping of local funds collected by said institutions, etc."

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APPROVE.DFrn12, 1940

u ~!,?T@X#YGENERAL OB TEXAS