OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
g~orahle P. C. Marquess
Comty Auditor
Wharton County
RhWfml, Texan
berr Mr. YBrqUensZ Opinion RO. O-7289
Rer Whether or not th
Trumtees of an lndepen
dintriot m8y r
r an opinion upon
wenlenae on
of Trustees
tees as an ottlolal
or is It man-
indepemdent group
e Board of Trustees retain profee-
rte as expert witnesses and to aid
alues of property within the sohool
e payment for suah seniaes out of
001 dietriot?
*a. May the Board of Trustees or a chosen
Board of Equalization m8intain a joint hearing
with the Boards of Rquall&atlon of a City within
It8 limits for valuation purposesO
"Perhaps your oplinfon lists contain parallel
0ues to these questions, and fP so, would appreciate
your earliest accommodation on the netters."
goaor*bl~ P- 1.. Mrquees - page 2
.~
We lwer your queetlons aet4tgorlorl1~, 8s tollors~
1. Question 1 Is answered In the negative In our
opinion Rob 0-37%r oopy of which Is enaloeed herewith.
2. frumteem of independent sahool dlstrlats are publla
effiaers, and hate only those power8 conferred upon them by law.
1% ia not neeewary, however , th8t the eonferrlmg of pwer be ex-
-- In preel6e word8 -- bat there Ia aIr8je to be irplled,
i~~eatian tith en erpreee parer* the f’wtber power to do
those thjnge neeeeeery to the proper ueroise of’ the prlmrry
power. There is no exprees power oathorlslng the trusteee of
ae Independent eehool dletrlot to employ expert witnemses In
the matter of eqmli81np taxem. We think, hewever, that power
Is aonferred by neoewary irpllortlon o if In the sound offlolel
jud.gmmt of the bo8rd of trustees , ma0h employment of expert wit-
newes Is ne6ememq to 8 proper dlsoMr(l;o of their dutlem te here
a&per and suitable equrlla8tien of propertier Wed l.m the dis-
.
Wrwl~ieion 2. of Artlele 2227 Berimed Ciril statutes,
Vernon's oodSflo8tion, deolweer
gLoerl eeheel fuads frem dlmfrfat taxes, tuition
fees of pupils not emtitled to free tugtlon, an4 other
foeal aourees say be used for the purpomea enumerated
for state md Oounty funds, and for purehadnC; rppll-
mees end npplles, for the payment of lnsurnnoe prem-
.lums, jeaitors end other snplememr for buying sol%001
dten, buying, bullding end repiring and renting
who01 houses, a~@ $0~ other pur13oseE geaenaa
& aenduat ,of thq publio @1002q to be det
the board of trustees* * * l” (%nphrd~ ours)
Te th%nlc this lanpage jn rightly to he eonstraerl to authorize
the employlag of all neoeeewy meana et hand to obtain a juet
and reasonable raluntlon of taxable property in the dlatriot.
This department has held that the oonatltutional author-
ity vestad 3~n the Commlsslanera ' Court ower 811 sounty business
constitutes mftloient basin for the emplovnmt by the Commission-
ers of mch a tu expert as n riimemn before the equalisatlom bodr.
(see Opinion Row n-l@lz). Court deolaions, by the clearest analogy,
YAJm?ort this aomGludorl. Arrin#don 7. donee, 191 3. W. S(Jl, upheld
tbc right of an independent aohao1 dlAtriet to employ an attorney
to bring su3.t to aanael a teaoher' 8 oontreat. 5e0, al so, Morel eJ we
cj,tg Of MlYas, 17 5. WY. (2) 36.
I
~onor8ble P. I.0Marquem - page 9
Yew questlon 2, therefore e Is anwered In the rfflrn-
tire l
3. The Board of Equallzctl~on for the District, if It
ceeo fit to do SO, 1~87 sit jointly elth another board af equrll-
ectlon as of a cltY rlthln Its limits, to detedne property
rrfuee. The board am suoh, horarer, mrt reach Its own oonolu-
&n upon the hewing from lY1 the erl~denoe before them, uoh
joint hearings being merely 8 nutter of oocrenletme to the re-
rpectlwe boards. See our Opinion No. 0-3176, copy of which
cocompenles this opinion.
Very truly yours
OS-XI4
Ibra osarea