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‘; 739
I
OFtiCE OF THE ATTORNEYGENERAL OF TEXAS
AUSTIN
GROVER SELLERS
AITQRNEI
GENERAL
11
Honorable L, A. Woods .
State Superintendent of Public Instruction
Austin, Texas
Dear sir: Oplnlon No. O-6569
Rex Slim tho law does
Thin repllSs to your
Pay 3. 1945, vhich reads as fo
ides in partt
eat of the schools
e funds are appropriated. 1’
call also that Article 2657 empovers
tendcnt to issue regulations and lnter-
the school law.
aAotfng under these 8t8tutes and in coopqratlon
with the Legislative Accountant, ve based the trans-
portation .g%i.nts for the current tam on the first six
months of’ the school term and set April 1, 1945, aa the
deadline for gottlng the reports to this offIce. During
the fall-we put out a Schooluan’s Calendar and Guide
that called attention 2to the faat that April 1 was the
740
Bonorable. L. A. Woods, page 2
last day ~for filing transportation reports In the
Equalization Division. On January 24, 1945, ve
furnished the necessary forms to the county super-
intendents and sent a letter to the county aupe&
lntendents and prInclpals and nuperIntandents of
the receIvIng schools of the state, pointing out
again that the transportation reports should be
sent In promptly after the close of the sixth month
of the term and In no Instance later than April 1.
‘This question: Since the lav does tiot set a date
for submitting transportation reports to this offIc&,
are ve not authorized to set such a date on vhich
the reports are due In this office so that all re-
ports can be audited and the money dlstrlbutod before
the close of the fiscal parlod?” . ’
In addition to the above-quoted part of Article 6, the
other provision of B. B. 176 or Chapter 373, Acts of the Portg-
eighth Legislature, to be considered In answering your request
Is Section 1 of Article 9, which provides as Pollowsr
0 PInal payment by warrant’ of the total
emo& iliotted to any one school shall then be
made not later than June 1, or as early as nossi-
ble thereafter after tho approval and upon the
order oi’ ~the State Superintendent of Public In-
I structlon and the Legislative Accountant. . . .’
The Legislature did not provide a fixed date for the
! sgenctea receiving State aid to submit transportation reports to
i your office..’ The Legislature, howover, did grant to your office
sad the Legislative Accountant the authority to make reasonable
rules and ragulatlons’ne~ceasarg to carry out the provisions of
Chapter 37.3. The date June 1, as provided In Section 1 of Artlclo
9, Is dtrectorp. Before your department and the Leglslatlve
accountant can attempt to comply with the provlslone of the stat-
Ute and make the final payment of the money allocated, you must
’ have the reports from the various schools In time to allow your
j department and the Legislative Accountant to make an audit of the
same SO that the warrants can be issued, If possible, by June 1
Of eaoh year “or as early as posalble thereafter.* If your de-
partment and the. LegIslatIve Accountant cannot, under your 6u-
thorIty to make rules and regulations, Six a date for the fllI.W$
Of the rapoh, It would be lmposslble for you to efficiently ad-
Nnlster the provisions of Chapter 373. We do not believe that the
bgislature Intended to pass an unworkable lav.
-,> . . .’ 1
741
~cnora~le L. A. Woods, page 3
We are, therefore, o? the opinion that, your departmnt,
~0 co-opimation with the Lcglslatlve Accountant, has the author-
ity to prowlgate a rule fixing a Oat6 for the various cjchool au-
thoritlea to file their tmnsportatlon reports with your ‘office.
yo are also of the opinion thati April 1 of each yew lo a reason-
able time to rcqulre the raports to be filed, eince that. date
b.llous approxinately al&y days for the auditing Of the thouotlnda
of reports. Slnco June 1 io uerelg a directory bnt;e, we suggest
that you also include In the rule a provlslon allo~lng reports to
;lfgiz$ter Ap~prll1 If ifood cause ia ohouzx for ths delay of
.
Yours vary truly,
c