OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Tom 

State Auditor 

Austin, Texas 

Dear Sir: 

. 

C. King 

and Efficiency Expert 

opinion No. 

an opinion from thi 

after set rorth, a 

helpful way in w 

nection with a 

respective inq 

y 11, 1940, requesting 

e questions hereinhank 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 every member of 

shall receive 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 several members of the board out of the appropriation for the support and maintenance 

of the said State Teachers' Colleges 

as the board may direct.' 
Honorable Tom C. King - page 2 

"Section 2 (a) of Chapter 444, Acts 45th 

Legislature, appropriated to each of 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 

appropriations were made from Treasury funds 

for items denominated variously as follow3 

(quoted, and numbered separately for the different schools): (1) Maintenance and equipment; 

(2) Maintenance and Equipment; (3) General 

maintenance, equipment and replacements; (4) 

Uaintenance and equipment, including heat, 

light, power, plumbing, wiring, stationery, 

printing, Regents' Expenses, etc.; (5) Departmental Maintenance and Equipment; 

I 

6) Departmental maintenance and equipment; 7) Maintenance and Equipment. 

"Your opinion is respectfully requested as 

follows: 

"(1) Was authority granted the Board to 

require contributions from each institution to 

pay the Regents' per diem and expense allowances 

:I;; r 

rom local institutional funds; and/or 

from State Treasury funds? 

"(2) Did the Board have authority to retain 

an executive secretary, paying him a monthly 

salary and 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 appropriations be used to pay such of 

its incidental expenses as the cost of floral 

offerings? 

"Paragraph 7 of Article 2647 provides in part: 

" . . . said board shall have power 

to formulate and establish such rules 
Honorable Tom C. King - page 3 

for the general control and management 

of the State normal schools for white 

teachers, for the auditing and approving of accounts, and for the issuance 

of vouchers and warrants as in their 

opinion may be necessary for the efficient administration of such schools.* 

"(5) Is this nor any other law sufficient to 

empower the Board to maintain a bank account in 

its name as a repository for contributions received from the different colleges under 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 expressly directed" to 

be paid to the several members of the Board out of the appropriation for the support and maintenance of the said 

Teashers' Colleges as the Board may direct." The balances, 

and the incoming institutional funds were appropriated to 

each of the State Teachers' Colleges, and so the general 

itemized bill appropriated a sum to each of such colleges, 

in both instances for the purpose of the Ynaintenance", etc. 

of the institution. 

These items were therefore 

either the local institutional funds 

f~a3. 

properly payable from 

or the State Treasury 

2, Yes. The Board had the authority, if necessary, to employ an executive secretary and to pay his salary and traveling expenses from either of the funds above 

mentioned. 

3. Yes. A stenographer, if necessary, could 

lawfully have been employed by 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 questions we have, of course, 

done so in the light of the latter part of paragraph n7" 

of Article 2647 quoted in your letter of inquiry. 
Honorable Tom C. King - pa&e 4 

5. Sec. 2 Or Article 2654d Vernon's Texas Civil 

Statutes, is pertinent to this inquiry. That section is 

as follows: 

"The governing boards of the respective institutions named in Section One above are 

authorized to select depository banks 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 surety bonds or securities to be 

posted to secure said deposits, and may require 

additional security at any time any of said 

boards deem any said deposit inadequately secured. All funds of the character named in 

Section One 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 selected are hereby 

authorized to pledge their securities to protect such rund3. All depositories so aesignated shall pay interest on said deposits at a rate 

to be agreed upon by said depositories and said 

governing boards. 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 consideration appear to be embraced within 

Sea. 1 of this Article, 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 

support and maintenance of State institutions of higher 

learning, (General Laws 45th Legislature, 1937, regular 

session, at p. 1044) declares: 

*The governing board of the respective institutions for which appropriations are 

made in this Act are hereby authorized to 

select depository banks for the safekeeping 

of local funds collected by said institutions, 

etc." 
1.88 
BY O&-Ml 

APPROVE.DFrn 12, 1940 

u 

~!,?T@X#Y GENERAL OB TEXAS