Hon. Julian E. Weisler Opinion No. O-2433
County Attorney Re : Can the Washington County
Washington County (Blinn) Junior College levy and
Brenham, Texas collect a tax within the limit
prescribed by law and set aside
then income therefrom for the
purpose of constructing and re-
pairing a gymnasium, and borrow
money against said funds for the
construction thereof? And re-
Dear Sir: lated question.
Your recent request for an opinion of this department
on the questions as herein stated has been received.
We quote from your letter as followsr
“(1) Can the Washington County (Blinn) Junior
College levy and collect a tax within the limit pre-
scribed by law and set aside the income therefrom
for the purpose of constructing and repairing a gym-
nasium, and borrow money against said funds for the
construction thereof?
“(2) Can the Washington County (Blip) Junior
College borrow money upon its credit, and pledge as
collateral security for such loan promissory notes
executed in its favor by residents of Washington
County, Texas?
‘Statement:
“Washington County (Blinn) Junior College wishes
to build a gymnasium and the construction has been
started and is well under way, and the school wants
to borrow money to complete it. The School has pro-
cured Federal Aid for the construction of the gymna-
sium and the citizenship of Brenham and Washington
County have executed notes in the sum of $75@.00 in
favor of the college, which are direct obligations
of the individuals executing them, and which notes the
school proposes to use and pledge as additional secur-
ity for their loan in the sum of $7500.00.
Hon. Julian E. Weisler, page 2 (O-2433)
“At an election held in 1937 the Junior Col-
lege District was voted and a ten cent tax was
favorably voted for the support and maintenance
of the college, and for the acquiring of property
for the college. At this time it is thought that
eight cents of the tax allowed to be levied and
collected will be sufficient for the support and
maintenance of the college used with the tuition
received from the students and that the balance
of two cents would be avai 1 able and can be ap-
plied to improvements and construction of the Col-
lege Buildings.”
Section 4 of Article 2815h, Vernon’s Annotated Civil
Statutes, reads as follows:
“Sec. 4. A Junior College established and
maintained by ah Independent School District or
city that has assumed control of its schools, or
where the same has been organized as a Junior
College District under the provisions of this kt
prior to October 15, 1935, as an independent en-
tity, or may hereafter be so created, and/or
wherein the boundaries of the Junior College Dis-
tridt are the same, or substantially the same,
as the Independent School District, shall be gov-
erned, administered, and controlled by and under
the direction of the Board of Education of such
District or city.
“The said Board of Education of such Junior
College District, under the provisions of this Act,
shall in addition to all of the powers and duties
vested in them by the terms of this Act, be fur-
thermore vested with all the rights, powers, privi-
leges, and duties conferred and imposed upon Trus-
tees of Independent School Districts by the General
Laws of this State, so far as the same may be appli-
cable thereto and not inconsistent with this Act.”
Section 7 of Article 2815h, supra, provides in part
as follows:
“The Junior College District created under this
Act shall have the power to issue bonds for the con-
struction and equipment of school buildings and the
acquisition of sites therefor, and to provide for the
interest and sinking fuhd for such bonds by levying
of such taxes as will be necessary in this connec-
tion. The Junior College District shall also levy
Hon. Julian E. Weisler, page 3 (O-2433)
and collect taxes for the support and maintenance
of the Junior College, provided that no bonds
shall be issued and no taxes shall be collected un-
til by vote of the majority of the qualified voters
of the Junior College District, at an election
called for that purpose in accordance with the pro-
visions of the General Law providing for similar
elect ions in Independent School Districts such
bonds and taxes are authorized. 4
The elec ion for
the issuance of such bonds for the levying of such
tax or taxes, shall be ordered by the Board of Edu-
cation of the Junior College upon petition signed
by ten (10) per cent of the qualified property-
taxpaying voters residing in such District, praying
for the issuance of such bonds and the levying of
tax or taxes....”
Section 14 of the above mentioned statutes provides
that I
“Sec. 14. No funds received for school .purposes
from the State Available School fund or raised by
local taxation for school purposes under the General
or Special Laws, except as in this Act specifically
provided, or except as may be hereafter provided by
the Legislature of the State of Texas, shall be used
for the establishment, support, and maintenance of
the Junior College 011
Section 20 of Article 2815h provides in part that:
Wet. 20. A Union Junior College, a County Jun-
ior College or a Joint County Junior College, shall
be governed, administered and controlled by and un-
der the direction of a Board of seven Junior College
Trustees, elected at large from the Junior College
District by the qualified voters of said district
with such terms of office as may be provided under
the General Law for Trustees in Independent School
Districts..+. Said Board of Trustees shall adopt such
rules, regulations and by-laws as they may deem proper,
and they shall have exclusive power to manage and gov-
ern said Junior College, and as such they shall con-
stitute a body corporate by the name of the Junior
College District State of Texas, and in that
name may acquire and holi real and personal property,
sue and be sued, and may receive bequests and dona-
tions, or other moneys or funds coming legally into
their hands, and may perform other acts for the prov-.-
tion of education in said district.”
Hon. Julian E. Weisler, page 4 (O-2433)
Article 2802e-1, Vernon’s Aonotated Civil Statutes,
provides that t
“All independent school districts, and all
cities which have assumed the control of the pub-
lic schools situated therein, shall have power to
build or purchase buildings and grounds located
within or without the distrk or city, for the
purpose of constructing gymnasia, stadia, or other
recreational facilities, and to mortgage and en-
cumber the same9 and the income, tolls, fees, rents,
and other revenues therefrom, and everything per-
taining thereto, acqufred or to be acquired, and
to evidence the obligation therefor by the issu-
ance of bonds to secure the payment of funds to
purchase or to construct, or to purchase and con-
struct the same, including the purchase of equip-
ment and appliances for use therein, and as addi-
tional security therefor by the terms of such en-
cumbrance, may grant to the purchaser under sale or
foreclosure thereof a franchise to operate said
properties so purchased for a term of not more than
ten (10) years after such purchase... .‘I
This statute further provides for the issuance of
. bonds for the purposes therein stated, the form of said bonds
and the manner in which they are to be paid. We are of the
opinion that this statute is not applicable to the questions
under consideration.
Section 6 of Senate Bill No. X.34,Acts of the 46th
Legislature, 1939, provides that%
“Sec. 6. Said Board shall have the authority
to borrow money on the credit of the school funds
of said District to meet salaries of teachers end
other current expenses when the funds on hand are
not sufficient to meet the same9 to be secured by
a pledge of the current revenues of the year. All
such current loans shall be paid withih the fiscal
school year in which such current loans were made,
and from the funds accruing for the support of the
District wfthfn such given school year. The amount
so borrowed shall at no time exceed one-third of the
sum estimated for current expenses, as shown by the
school budget of that year.”
Senate Bill No. 134, Acts of the 46th Legislature,
1939, is a special law, and this opinion is not to be construed
as passing upon the constitutionality of this Act0
Hon. Julian E. Wefsler, page 5 (C-2433)
The general rule is that the trustees of independent
school districts possess only the powers expressly conferred by
law and necessarily implied from the powers conferred. Origi-
nally the statute (Article 2715) granted to trustees of independ-
ent school districts the same authority, as regards the estab-
lishment and maintenance of schools, that is conferred upon the
governing bodies of Incorporated cities and towns; and in de-
termining the authority of such boards, the courts have applied
the same rules as applied in municipal corporations. 4s amended,
the statute merely gives the authority conferred by law u on in-
dependent school districts. Tex. Jur., Vol. 37, PP* 939-9 b;
Harlingen Independent School District vs. C. H. Page & Bras., 48
S.W. (2d) 983; Donna Independent School District vs. First State
Bank, 227 SLY. 974.
In view of the foregoing authorities, with reference to
your first question, you are respectfully advised that it is the
opinion of this department that the Washington County (Blinn)
Junior College may levy and collect a tax within the limits pre-
scribed by law for the purposes provided by the applicable stat-
utes. However, said college does not have the legal authority
to set aside the income therefrom for the purpose of constructing
and repairing a gymnasium and borrowing money against said funds
for the construction thereof.
Under the facts stated in your inquiry and the above
mentioned authorities, your second question is respectfully an-
swered in the negative.
Trusting that the foregoing fully answers your inquiry,
we are
Yours very truly
APPROVED JUE 15, 1940
/s/ Gerald C. Mann ATTORNEY
GENERAL
OF TEXAS
ATTORNEY GENERALOF TEXBS
By /s/ Ardell Williams
APPROVED:OPINIONCO~IlTEE Ardell Williams, Assistant
BY: BWB, CHAIRMAN
AU/oerwb