R-967
Honorable P. W. Minter Opinion No. V-464
County Attorney
Jim Hogg County Re: The liability of Jim Hogg County
Hebbronville, Texas Independent School District~to
pay for services which Thos. Y.
Pickett & Co. rendered in con-
nection with passage of S.B. 304,
50th Legislature.
Dear Sir:
We refer to your letter requesting an opinion as to the
liability, if any, of Jim Hogg County Independent School District to
Thos. Y. Pickett & Co. for services rendered in connection with the
passage of S. B. 304, 50th Legislature, Regular Session, Acts 1947.
We appreciate receiving your attached copy of the opinion and brief
by Mr. John C. Beasley.
We quote from a copy of the letter addressed to you on
the matter by Hon. W. W. Jones, Trustee, Jim Hogg County Independ-
ent School District, as follows:
“At a meeting of the Board of Education of the
Jim Hogg County Independent School District held on
Friday, November 14, 1947, at lo:30 a.m. in the office
of the superintendent of schools, the following motion
was passed:
‘that no action be had on the following state-
ment to say:
Oct. 1, 1947
Jim Hogg County Independent School Dis-
trict
in account with
Thos. Y. Pickett & Company.
Services rendered, and expenses incurred
in connection with passage of Senate Bill
#304, creating Jim Hogg County Independent
School District, County-wide - - - - $5,000.00
Thos. Y. Pickett k Company
Signed Thos. Y. Pickett
Honorable P. W. Minter, Page 2 (V-464)
until the opinion of the Attorney General
of Texas is obtained concerning its validity.’
‘“And in connection with this matter I am enclos-
ing to you an opinion rendered to me by my attorneys
that raises a serious question as to the liability of our
school district for this statement that has been render-
ed to it.”
In view of the holding in Graves & Houtchens v. Diamond
Hill Independent School District, 243 S. W. 638, we consider it only
necessary to advise that we are in accord with Mr. Beasley”s opin-
ion to the effect that the employment of Thos. Y. Pickett & Co. by the
County Judge, acting as County School Superintendent, is not binding
on the newly created Jim Hogg County Independent School District or
any prior School District of Jim Hogg County. That case holds that a
contract by which a county employed persons to secure the defeat of
a proposed bill was null and void as against public policy and as a-
gainst at least the spirit of certain articles of the renal Code.
We quote from Graves & Houtchena v. Riamond Hill Inde-
pendent School District, supra, at page 639:
“While it is doubtless true that there is power
in a Board of Trustees of an Independent School Dis-
trict to employ counsel and pay out of the public funds
of the district a reasonable fee in cases where the in-
terests of the district require arsertion or defense in
the courts of the county, we find no authority, after
careful search, either expressed or implied in the
statutes of this State, to employ counsel and expend
the public funds of the district in the attempt to 8e-
cure or defeat legislation.”
SUMMARY
Jim Hogg County Independent School District
is not liable and cannot legally pay or assume a fee
of $5,000.00 on account rendered by Thos. Y. Pickett
91 Co. for ‘services. . .and expenses in connection with
the passage of Senate Bill No. 304” creating the District.
Graves &IHoutchene v. Diamond Hill I.S.D., 243 SW 636.
Your 8 vc ry truly
APlAOVED : ATTORNEY GENERAL OF TEXAS
ATTORNEY GENERAL BY
Chester E. Ollison
Assistant
CEO/mw/JCP