tiFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable A. M. Pribble
County Attorney
Kills County
Goldthwaite, Texas
Rear Sir:
We
we quote, in
" 'Under Set
of the County
erviosr of musio
Vernon's Annotated Givil Statutes,
was enacte e Forty-seventh Legislature, regular
Section 1 thereof fixes the sal-
aries of th oeriutendencs, provides for the making
of an annua 'provides ior~the appointments of as-
sistants to the county superintendent. Section 2 of Article
2700.1 reads as follows:
Honorable A. LL Pribble, page #2
"The County Superintendent of Public In-
struction may, with the approval of the County
Board OS Education, employ one ormore school
supervisors to assist in planning, outlining,
and supervising the work of the Public Free
Schools in.the oounty which is under the super-
vision of,the County Superintendent of Publio
Instruction. Said supervisor or supervisors
shall et all times work under the supervision
and direction of the County Superintendent of i
Publio Instruction, as other assistants are
r.quired to do, and must have evidence of pro,-
ficienoy in rural shoool supervision and must
be the holder of at least a Bachelor o,fScience De-
gree or higher,, Suoh supervisor nor supervisors I
may reoeive-a salary of not to exoeed ,TwoThousand
Dollars ($2,000) ,per'an&m, to be paid out,of
the same funds and in the same manner as that.of
the County~'Superintendentof Public Instruction
and,other,a,ssi,stants.v-
At the,outsetti sre confronted with'the~question
whether Artiole'~~2700~1is applioable~to~~exoffici&+superin-
tendents* If.;$t,~is','
we"think that,a ~musio supervisor ~coulU
be employed under theprovisions of~Seotion.2.above quoted,
for such provisions do not speoify.or limit.the type of snper-
visor other tha,nto ,state,thathe will assist ia,planning,
outlining, and,supervising the oounty'sohools;, We-believe
that if the county ,sueerint~endent
and countyboard, in ,the
exeroise'of their,~di.sore~op,.,;ld$termine
that's musio super-
be -employedunder Seetion 2.
visor is needed, ~one.:could
.However,,,iemust first determine whether Artiole
2700.1 is applioable to.ex officio superintendents,
Article 26&j .vernon's Annotated ~ivi.lStatutes,
provides for theoffiqe of oountg'superintendent in,all
oounties of ~300Q:,or
more scholastics, 'andinqounties of a *
less number upona vote ~of the qualified ,elaotors.'
.~
Honorable A. ld.Pribble, page #3
r Artiole 2701, Vernon's Annotated Civil Statutes,
provides as follows:
*In each county having no school superin-
tendent, the oo*untyjudge shall be ex offioio
county superintendent and shall perform all the
duties required of the county superintendent in
this chaoter. He shall give bond in the sum of
Cne Thousand Dollars ($l,OOO), payable to and to
be approved by the County Board of School Trus-
tees of the -respectivecounties and conditioned
for the faithful performance of his duties. The
salary of the ex~'officioSuperintendents of Public _
Instruction in all counties in Texas shall be,
from and after September 1, 1936, Apaidfrom the
State and County Available School Fund. (As amend-
ed Acts 1935 ,44t,h Leg., 2nd. C. S., p. 1732, oh.
447, Sec. l.jw
Article 3888, Vernon's knnotated Civil Statutes,
reads as follows:
*In a~county where the County Judge aots as
superintendent of pubMio.instruotion, he shall
receive for such services such salary not to
emaeed,Nine Hundred Dollars ($900) a year as the
County Board.of Sahool Trustees of the respeot-
ive countiesmay provide, The amount shall beg
paid.inthe manner specified in Chapter 4%, Acts.
of'the'r'qrty-first, Le islature
Session (Art,*:27&%l-ly,.and in'G!~$%$l?cts
of the Fort .-se&&d Legislature;Regular S&ion
(Art. 2827a~7,.',(Asamended Acts~l935, 44th Leg.,
2nd. C. S., p. 1732, ch. 447, Sec. 2.)"
We see.that the County Judge -- ex officio super-
intendent is charged with the performanceof~the.same duties
as any other county superintendent; his salary for the per-
formance of these duties is payable from the Available School
Fund. .~
,^.
.Honorable A: M.'Pribble, page #4
As a general rule it may be that, beoause of the
small'number of soholaatios in his oounty, the County Sudge--
ex orficio superintendent does not have to spend a great.
amount or time in the performance of school duties. But i;:
it is certainly conceivable that in some instances he may
not have time to disoharge his duties properly. Likewise,
the s~choolsin his county may require a certain trainingor
supervision in order to supply something needed.
Obviously, Article 2700.1 is Xmited to,,eleotivs
county superintendents, as suoh, when it fixes their sa&-
ries. However, that part of the Act (Section 2) providing
for the employment of superv.isorsis not so limited, ana we
do not feel that we oould read such a limitation fnto the Act.
You ace, therefore, advised thatthe~ County Judge-
ex officio school superintendent may, With ~the approval of
the county board, employ a supervisor of~musio under Section
2 of Article 2700.k, proviaea; of course, such spp,ervisor
possesses the qualifications ~set out in said article. Hi,s
salary is to be paid snout of the same funds and in the same. ,~
manner" as that of the county superintendent.
Very truly yours
ATTORNEY GENE&, OF TEXAS
By-55
/s/ George Yl. Sparks
Asei~qtant
Gws-e
APPRO'@D SEP 23,~~&942 This opinion oonsi-
Gerald C. kiann dered and approved
Attorney General of Texas in limited confer-
enoe.