Dr. J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

201 East 11th Street 

Austin, Texas 78701 

Dear Dr. Edgar: 

Opinion No. M-987 

Re: Authority of a school 

district to grant to 

a school board member 

permission to prwide 

ambulance service at 

school football games, 

and related question. 

Your recent letter requesting the opinion of this 

office concerning the referenced matter states, in part, as 

follows: 

"Until 1963, X funeral home, then the only 

one in West Independent School District, was permitted to have available an ambulance to serve as 

needed at home football games in West. Since 

1963, when Y funeral home opened in West, either 

x or Y has been permitted on an alternate games 

basis to have its ambulance present at local West 

high school football games. West school district 

never has directly paid for ambulance services 

rendered its athletes. . . . 

"In April, 1911, the owner-operator of X 

funeral home was elected a trustee on the West 

school board: he desires to continue in the performance of ambulance services under the alternate 

game practice basis. Indeed, he offers while a 

trustee to so provide such service without a charge 

to anyone: the school, the insurance company, the 

parent, or the injured student. The owner-operator 

of Y home protests the acceptance or granting of 

the proposed offer as being illegal. 

-4812- 
Dr. J. W. Edgar. page 2 (M-987) 

"The Board of Trustees of the West Independent 

School District has urged that a request for an 

Attorney General's opinion be submitted on the 

following questions: 

"1 s Legally, may an independent 

school district board grant to a member 

of its school board, operator of a funeral home, . . . permission to have 

present and provide ambulance services 

as may be needed at its local school 

football games -- at no cost to the 

school, the insurance company, the parent 

of and/or the student injured in the 

activity, where competitive services are 

available and protest in the community? 

II 

. . . . 

"For years prior to 1970, the local Ford dealership in West has made available (loaned) to West 

schools without charge, automobile(s) for its driver 

education program class purposes and use of school 

staff members. In 1970, the manager of such dealership (who is stockholder therein) was elected a 

trustee of West school board. This Ford dealership 

continues the loan of automobiles for such purpose 

without charge. The district is accepting free 

loan automobile(s) for driver education program 

purposes also from the local Chevrolet dealership. 

" 2 D May an independent school district 

legally accept upon loan without cost for 

driver education programs and school district purposes automobile(s) from a dealership, managed and owned in Dart by a member 

of its school board --- where it accepts 

like offers from other dealerships?" 

-4813- 
Dr. J. W. Edgar, page 3 (M-987) 

A leading Texas case which passes upon the interest of 

public officials in contracts with or affecting the public body 

they represent is Meyers v. Walker, 276 S.W. 305 (Tex.Civ.App. 

1925, no writ), in which the court said: 

II 

. . . If a public official directlv or indirectly has a Pecuniary interest in a contract, no 

matter how honest he may be, and ~althouqh he may 

not be influenced by the intent, such a contract 

so made is violative of the spirit and letter of 

our law, and is against public policy. (At P. 

307). (Emphasis added). 

See also: City of Edinburq v. Ellis, 59 S.W.2d 99 (Tex.Comm. 

App., 1933): Cornutt v. Clay County, 75 S.W.2d 299 (Tex.Civ. 

App. 1934, no writ): and Bexar County v. Wentworth, 378 S.W.2d 

126 (Tex.Civ.App. 1964, error ref., n.r.e.); and generally, 47 

Tex.Jur.2d 159-161, Public Officers, Sec. 121. 

Prior Opinions of this office concerning situations 

wherein a school board member had been alleged to have an impermissible conflict of interest that violates public policy 

have uniformly held that such situations violated public policy 

only where a pecuniary advantage accrued to the board member. 

Attorney General's Opinions Nos. ~-340 (1969), WW-1362 (1962), 

V-663 (1948), O-6876 (1946), o-6280 (1944), O-4000 (1941), 

O-2758 (1940). O-2306 (1940). O-1589 (1939), O-1014 (1939). and 

O-878 (1939). 

We note that the two funeral homes furnish their ambulances on an alternate game basis, and that the school accepts 

loans of motor vehicles for driver education from both the Ford 

and the Chevrolet dealers. The school trustees and their competitors are treated exactly alike. Both the ambulance and the 

driver education vehicles are material aids to the public schools 

in basic spheres of their public school operation. We fail to 

discern such a substantial conflict of interest, special privilege or the exercise of undue influence relating to either of the 

school trustees as to proscribe their donation of the services of 

their vehicles to the public schools under the facts considered. 

-4814- 
Dr. J. W. Edgar. page 4 (M-987) 

No facts are presented to show any use of official position by 

the trustee on the school board to secure any privileges or to 

engage in any business transaction in substantial conflict with 

the proper discharge of his duties in the public interest. 

Accordingly, in the absence of any facts presented 

showing improper use of position or the transaction of business 

in substantial conflict with the proper discharge of duties, 

both of your questions are answered in the affirmative, and you 

are advised that the West Independent School District may accept, 

without cost, from members of its board of trustees: (a) ambulance services as may be needed at its local school football 

games,* and (b) automobiles for use in its driver education 

program and for school district purposes. 

SUMMARY 

Under the facts stated, the West Independent 

School District may accept, without cost, from members 

of its boards of trustees: (a) ambulance service as 

may be needed at its local football games, and (b) 

automobiles for use in its driver education program and 

for school district purposes. 

truly yours, 

General of Texas 

* The furnishing and functioning of such ambulance service 

to the local high school football team must, of course, 

be in compliance with any and all local municipal ordinances applicable thereto. Port Arthur Indewndent Sch. 

Dist. v. City of Grwes, 376 S.W.2d 330 (Tex.Sup. 1964) 

(dictum). 

-4815- 
Dr. J. W. Edgar, page 5 

Prepared by Austin C. Bray, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

James McCoy 

Max Hamilton 

Rex White 

Scott Garrison 

SAM McDANIEL 

Staff Legal Assistant 

ALFRBDWALKBR 

Executive Assistant 

NOLAWHITE 

First Assistant 

(M-987) 

-4816-