Untitled Texas Attorney General Opinion

653 OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTIN GROVER SELLERS AI~ORNCY GENERIL Hon. John C. Marburcer County At tnrney Fayette County La Grange, Texas Dear Sir: requesting the opinion of this d iions stated therein, reads, in part, your opinion whether ourt may legally pay by the County Superin- subjeot, I find that the of Texas, Article 7, has made extan- n8 for our ehoational system, Arti- n 42 of the Texas Con&i t.utfon pro- e legislature shall pass such laws necessary to oarry into affect the f this Constitution. Apparently the office of County Superintendent is not a consti- tutional office, but has bean created by the 1eSlslature by virtue of the above mentioned con- stitutional provisions. In faot, Section 16, of Article 7, provides that ‘The legislature shall fix by law the terss of all offices of the Public Sohool System ana of the State Institutions of higher education, imlusi9s, and the terms of members of the respective boards, not to exceed six years’. 654 Hon. John C. Earburger, page 2 “Apparently, in pursuance of the above mentioned constitutional provisions, the legislature enacted Article 2688 R.C.S. which creates the offioe of County Superintendent, the tern of office, etc., and also provides that: *----and who ahall be provided by the Commissioners* Court with an office in the courthouse, and v:l.th neoessary office furniture and fixtures ----*. “It will be noted that Artlols 2688, R.C. S. as amended was enaoted :n 1932, whereas the legis- lature in 1935 enacted Article 3899 B. R.C.S. whlah provided ln parts as follows: *seotion 2. Suitable offioee and stationery and blanks necessary in the performanoe of their duties mag in the disoretion of the Commissloners~ Court slso be furnsshed to resident --- county Superintendent --- and may be paid for on order of the Commissioners* Court out of the County Treasury. t WI have not been able to find ang other statutes on the above question, and thererore, sinoe Artiole 3899 B was passed subsequent to Artiola 2688, it is my opinion that it would not be mandatory on the Conrniasioners’ Court to furnish suitable offioes and stationery and blanks necessary in the performance of their duties, for the County Superintendent, but that the Court, in its discretion, may furnish the 88810 If they so desire. On the other hand, Article 3899 R does not legislste on office *furniture and fixtures”, and therefore Article 2688 R. C. S. would control,and that it would be mandatory upon the Commissioners* Court to furnish the “neoesaary offioe furniture and fixtures” to the bounty Superintendent. In tirls oon- nection , drtiole 2700 R.C.S. makes provision8 ror Lhe necessary offioe and traveling expenses of the County Super lnt ends&. This Article was apparently rassed as amended, in 19I,3. In tills aonneotion it would be my opinion that the Commissioners’ Court would not be a~;~tnorized to pay any expenses of the County Superin- tendent’s office not provided for in said Artioles 2688 and 3899 B R.C.S., but suoh 0rri00 expenses must be provided for as set forth in said Article 2700 R.C.S.” L Hon. John C. Larburger, page 3 Art. 2688, Vernon’s Annotated Civil Statutes, reads in part, as r0110wa: WThe Co.mmissioners Court of every oounty having Three Thousand (3,000) scholastic popula- tion, or more, es shown by the preceding soholastio census, sLal1 et a general election, provide ror the election of a county superintendent to serve for e term 0r four (I-) years, who shall be a person of educational atteinments, good moral oharaoter, qnd executive ability, and who shall be provided by the Commissioners’ Court with an office in the courth~,use, 2nd with necessary offioe furniture and rixtures.. ..n Section 2 of Article 3899B, V. A. C. Y., provides: “Suitable offices and stationery and blanks necessary in the performance of their duties may under the disoretion of the Commissioners1 court also be rurnished to resiaent i?istriat Judges, resident IJistrict and County attorneys, County Superintendents and County Surveyors, and may be paid for on orders of ,t.he Commissioners* kurt out or the County Treasury.” Artiole 2688, and 3899B, V. A. C. S., authorize the County Commissioners’ Court to provide tar certain needs of the County School Superintendent. In determining the q,uestion under consideration, it is our opinion that the roregoing statutes must be considered and aonstrusd together. In our Opinion No. O-1781, a copy of whloh has bean rarwaraea to you, it is stated; *Under Art. 2688, it is ma~ndatory upon the Commissioners~ Court to furnish the’aounty Sohool Superintendent with an offioe and with neoessary office furniture and fixtures. It is aisoretion- ary with the County Commissioners’ Court as to whether or not it will provide suitable offices, and stationery and blanks under Art. 3899B. con- strui.nF, the two statutes together, it is our opinion that the County Commissioners’ Court must furnish the County School Superintendent vith a suitable office and necessary offioe furniture and equipment, but may use its discretion in the matter of supplying stationery and blanks.” I 656 Hon. John C. Marburger, page 4 Speoirloally answering the questions presented in your inquiry, it is our opinion, that it is mandatory upon the Comnissionersl Court to furnish the County Sohool Super- intendent with an office, and if an office is not available in the oourthouse, the Co.mmissioners~ Court must rurnish the County Superintendent with an oiTioe and pay the rent for such 0rri0e. In view of what has bsen said in our Opinion No. O-1781, a portion of whioh has heretofore been quoted, we deem it unneoessary to discuss further the aatters presented in your inquiry. Yours very truly ATTORNZYGXXXRAL OF TIXAS Ardell Williams Assistant.