OFFICE OF THE ATTORNEY GENERAL OF TEXAS 
Hon. Arthur Steblfa& PIa8 8 

The apInIon __ 

held that 8Inae the_lkmrd of gdgsntr _.. PBS tasted by the statute with the ooatrol and nmapgemmt 

of University lands, It bad authority to yent th4 ememeat In question. 

In Opinion So. 1986, dated YQrah ld 1919, end 

printed et pafie 512, et seq., of the SIemalel Report of 

the Attorney Gsneral for 1918-1920, It was held that tti 

dlfftrlot trusteee 537 lease s portion of a sohool lot r0r 

011 aed gas purposes when the 8~8 Is not neoded ior eohtsol 

purposea and the oonduot or the school is aoQ Interfered 

With. xo reoogaiza, hOreretr, that s lease ror oil aad 

gas p urpo su wo ulb b e l se10 aothorlsed br Artlale 27SS, 

iarra, while aa eaaemeat mu16 not aoaatltute a sale. 

~OWOYO~. the orriaion lest -nti0a0a altee the ease of 

Rye Iiids~ond~nt Sahaol Dletriat v. Rinehart, 159 slur. 

. (Trlt of error refused). -here the aaurt held that 

8 iebi by the tr98tUe Or 8~ i%h00i di#tri& Of s pOX+tiOR 

of the rahaa2 oampas for s baaseball olub uss talld. 

In eaot+er opfafoa by thi8 Deperiamnt, deted 

October 28, 1915, and prInted at pee 505 of the BiOIUIiS]. 

Report ior 1914-1916, it rae held that the trustees of a 

sohwl Untriot were autborlzed ta lease to a lodes s 

portion of the sohool bulldin~ iasofar aa the uses to ahlah 

suoh property is put would not aonfliat with its ase as 

school property. 

Va believe that the proper sahoal wthorlties 

bare the 8x&e authority to ouaats tk ~eabemeat in que%tIon 

thst It has to leas8 property of the sohaol distriot. 

ArtIala 2754, Rs+Ised Civil Statutea, reads 

as follasie: 

*All sohool bon&es emoted, ~round8 

purchased or leased rot 6 sahool &IstrIot, 

and all other property belongFag thereto, 

shall be under the aoatrol or the district 

trustees of suoh dIstrlot.* 

While this artlale 2s plaoed under 8ubdirisIorr. 

. 1 of Chapter lS, TItle 49, headed *Coanoa ;ahool DIstrIotsP, 

navertheless, In view of the raot that the orlsinal aat ai 

1905 frost rhloh It Ia taken together with tbs two deolslam 

above aeatloaed, the #am rule eppllea to independent sohool 
. 1 

BOA. Arthur st.ehlIAg, Rag8 R 

dIstrIote as eel1 as oomon sohool distriots, that Is, 

the tru8teeS Of fAd8g8ndent school dfrrtriots have tbd 

apatrol and aanagement of the property of the dlstrlot. 

Article 2753, ReoI8ed Clvfl Statutea,,raada 

as fO11OW8: 

"The trustees of any sohool dIstr.Iot, 

upon the order of the county trustee8 prescribing th8 tsrslrr theX'%Of, whaA deemed advisable, my make sale of any property belonging to aaid school distriat, and apply the 

proaeeds to the purohese of necasaary grouuda, 

or to the bulldin& or repairing of l ohoolhow8s, 

41 plaoe the prooeeds to the oredlt of the 

available sohool fund of the dIstrI0t.e 

Artiele 2683, Retissd ClvIl Statutes, pertslnlng to t&o powers of oounty rohool trustee@, prorides 88 

r0ii0ws I 

"The County sohool trustees of eaohaounty shall oonstltute a body oorporate, 

b+ -I the ~~ nams of the aountp school trustee8 of 

oounty, ,State ~of~T&as~ en&In 

?&at name ma$ aoqulre and hold real and personal property, &AS and be tied, and may-moeire bequests and dOAatiOAS or other moneys 

or innUs ooming legally Into their hands, end 

m8y perform other 80t8 for ths prOmOtfOA Ox 

aduoation IA the cotmty. I'he title to any 

sohool property beloAglAg to the aouAty, the 

tltls of whfah has hCr8tOfOre been vested in 

the oounty judge and his eucoe88ors In oiflce, 

or any sohool property that my be ,aoquir8d, 

shall vest In the aounty school trustee% and 

their suooeaaora in oftioe for publiq tree 

sohool purposes." 

You are advised that It Is our opfnlm that 

the 8ChOO1 trustees h8v9 authorfty to exeoute the easeaeAt In quo&ion, but as to those diet&iota aorPiAg under 

the juriadfotion of the oounty truatoen, the easemAt 

should be epprored by suoh truataes. 

APPRCVE~AUG 24, 1939 

h2-2Lh.d 

ATTORNEY GENERAL 02 TEXAS 

Yours very truly