575
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
QROVCRSELLLRS
ATIOINLIGIN~AL
..’
Homrablo Xdgm Hutchtim .i’
County AttoriwJ, shult CoulltJ
Ore*nvlll*, texaa
mrr sir: Oplnlfm II.. o-7127
R.8 Conrtructlon of Artlole 2772,
R. C. 8., with
title or ~1 p
dopmdont rohoo
rour requort for op
rUlly conrldorod br thlr Do~rtmont. No qu
aI follovr 1
*I am ‘vrltlllg to as
lng que8tlonr
n‘Should tltlo to al
ent School Mrtrlct vhlch
rchool money an
In the Board of
and the CltJ Counoil bar the author-
rohool trurtser and alao to 1.y~
taxar for the rob001 dirtriot. Tbo rahool
dlttrlat her rooontly voted bond8 to baquln a rlto
for the enotlon of a nmv school bulldlng and the doad
to the iltv va8 mdo to the cltr nther than to the
Truatesa of the Independent School District. Tbo Bchool
llro 0~118 other propertim in vhloh title to the prop-
lrtq 16 vested In the cltr.
Honorable EQar Hutchins, page 2
‘It Is my opinion that under the sxpresm provl-
slons of Article 2772 RCS tltla to this property should
be yested In the Trustses of the Independent Mstrlc t
and that the City council should re-deed the pro drty
to thm Trustees of said Dlstrlot in aooordanoe v&h
this Article.'
Artlolo 2772, 1. C. S., reads as follovsr
‘Article 2772. Promrty Yes ted In Trusterm .--
In every cltr or torn ln this 8tat hi h has or MJ
assme the exolusl~r control and m&&&t OS pub-
110 fno schools vlthln Its limits, and vhloh bas or
may dotermine that such lxcluslre oontrol and manage-
ment shall bo In a board ef trustees, and organized
under an aot OS the Slxtoenth Legislature, approved
April ), 1879, and acts amendstory thereto, the title
to all houses, Undo and other property ovned, held,
set apsrtj or ln an7 Van dedicated to the use and
benefit OS the public Ike schools of suoh city or
tovn, Including property herotofora acquired as ~011
as that vhloh may hereafter be acquired, shall be
vested in the board of trustees and their suaoessors
in offloe, in trust for the use and benefit of the
public Yr6e schools ln suah city or tovnl and such
board of trustees shall havs and exerolse the exclu-
slvo control and management of such school property,
and shall haoo and exorcise the exclusl~s possession
thereor for the purpose aforesaid; provided, that
vhere trusteor are named other than the munlolpal
corporation Itself, ln any lnrtrumsnt oonveying,
donating, bequeathing or devising any money or other
property, real or personal, for ths benefit of any
city or town, this lav shall not interfere ln an7
manner vlth the title or authority of such trustees
to or oyer suqh mane7 or other property. Such board
of trustees shall constitute a boQ oorporate, and
shall have full paver to protsot the title, posscs-
slon and uaa of all such property vlthin the limits
of such city or town, and may bring and maintain
such suit or suits In lav or in lqulty in any cou&
OS tampatent jurlsdlctlon when necosrary to recover
the title or possession of q such property that MJ
be adversely held or seized, or to prevent any tres-
pass upon or l.njurr to suoh propertrj provided, that
.
Honorable Bdgar Hutchine, page 3
Jhe provlslonr of this article shall not apply to
lands belonging to the State upon vhloh houses for *-
school purpo8es have been built without authority
from the State.” )”
The ca8e of Houston v. Oonsalss Independent Schoo% Dls-
trlct, 202 9. ii. 963, Tex. Clv. App., 229 5. W. 467, Tex. Sup. Ct.,
held that neither the above-quoted Artlala, ohanglng title of
independent dirtrlct school property from the mayor to the school
trustee8, nor the special act creating the Oonzale8 Independent
School Dl8trlot, and extending the boundary and changing the
tit10 toltr tru8tee8, violated the Bill of Rlghtr, Sections 1.6
and 19, AS infringing on the proprietary Fights of the City of
ffonzales, vhlch had assumed control over lts8ohools under Artl-
cle 3792, Rev. St. of 1879.
Article 2773, Vernon’s Annotated Texas Civil Statutea,
reads as follqvrr
“Artlols 2773. Sale of School Propartx.--
Any houses or lauds held in trurt by any city or
tovn Sor public free school purpo8as may be sold for
the purpose of investing in more oonvenlent and de-
sirable school property’, vlth the conrent of the
State Board, by the board of school trustees of
such city or tovn; and, in such cam, the prealdent
of the school boerd shall execute his deed to the
purcharer for the same, realtlng the resolution of
the State Board giving consent thereto and the xw80-
lutlon of the board of trustees authorlzlng such
sale.”
There being nothing to the contrary stated In your letter,
ve assume that the Board of Trustees of the Independent School Dig-
trl’ct vas organlsed under the act referred to In Article 2772,
8upra, or an amendment thereto.
St Is clear from the above-cited authorities, under the
facts stated and asnumed, that title to the property Inquired
about Is vested in the Board of Truetee of the Independent School
Dlatrlot and their sucoes8ors,ln office, 9x1 tru8t for the use and
benefit of the pub110 free schools of ruoh city, lrrespeatlvs of
the fact that the racord title van erroneously taken in the natas
of the city instead of Ln the nap14of tha Board of Tru8teea AS the
Honorable Xdgar Hutchins, page 4
statute provides. Bovavor, the fact that the record t+tie 18
in the city Is lore or less immaterial, as th4 alty C+I nalther
legally control the property nor validly convsy the #ltls away
rra the Board 0s Trustdam. HovaYar, if the reoord'tltle is d48ir4d
In tha Board of Trustees , mama could be obtainad by proper oonvsy-
an04 frcm the oity or by judgaant in a tr48pa88 to try title rult.
Trusting that the abovo satlsfaatorily ansvars your ln-
qulry, va bra
Vary truly yours,
ATTORREY OHRRRALOF TXXM
UJF/JCP