Untitled Texas Attorney General Opinion

Hon. Clint A. Barham Opinion No. O-2587 : County Attorney Re:~ The Commissioners’Court cannot Erath County delegate to the trustees of the school Stephenville,Texas districts ,thepower and the authority to spend the money-ln question, and a Dear Sir: related matter. Your resent request for an opinion of this Department on the questions as -areherein stated has been ‘reaeived. We quote from your letter as follows: “Anorder by the Commissioners’Court has been past here in this county’approprlating the balance of funds of six hundred and seven dollars and fifty-eight cents ($607.58) as a ~resultof the sale of Road District No. 3 bonds to the Alexander and Clairette school districts. The order specifiesthat the trustees of the respect- ive school districts are to be the kustodlens of these.funds and that they are to be divided by the trustees between the two school districts in proportion to the taxable value ‘of property~in each school district in this Road Bond ,District No. 3. The order also permits the school trustees In each district to determinewhen, where,,and ‘how the money ls’to be spent on the late,ralroads In their respective districts. I am informed that the State has assumed the bonded indebtednessof this Road Bond District one hundred per cent. “Two questions have arisen in connectionwith the act’ionof the court In regard to this ‘matter. ” First, can the Commissioners’Court delegate to the trustees of these school districts the pg;Ennd authority over the spending of ,thlsmoney? can the school trustees lawfully divide this money’ this way and can they lawfully be the custodian of these funds?” Article 2351, Vernon’s Annotated Civil Statutes, among other things, Imposes upon the various commissioners’courts the h Hon. Clint A. Barham, page 2 duties to "lay out and establish, change and discontinuepub- lic roads and highways. Build bridges and keep them in re- pair. Appoint Road overseers and apportion hands. Exercise general control over all roads, highways, ferries, and bridges In their counties." It is stated in Volume 11 of Texas Jurisprudence page 564 that acommissioners~courts are courts of limiteb jurisdlc~ion,and that their authority extends only to matters pertaining to the general welfare of their respective counties, and that their powers are only those expressly or impliedly conferred upon them by law, that Is, by the Constitutionand statutes of the State." A school board is a creature of the law and has only such jurisdictionas expressly given by the statute or neaes- sarily implied therein. Mesquite IndependentSchool District v. Cross, 67 S.W. (26) 242; Tex.Jur. Vol. 37, page 938. It Is a well known principle of law that funds or moneys obtained by the sale of bonds must be used and expended only for the purpose for which the bonds were voted and ls- sued, and a diversion of the use of such funds or moneys for a different purpose would be unauthorized. After a care- search, we are unable to find any au- thority that would authorize the commissioners1court to allow or permit the trustees of the school districts above named to receive and expend the above mentioned funds. Neither do we find any authority authorizingthe school trustees to receive, divide and expend the money or funds In question. Therefore, both oh your questions are respectfullyanswered In the nega- tive. Trusting that the foregoing fully answers your ln- qulre, we are Yours very truly APPROVED AUG 14, 1940 ATTORNEY GENERAL OF TEXAS /s/ Grover Sellers By /s/ Araell Williams FIRST ASSISTANT Ardell Williams, Assistant ATTORNEY GENERAL APPROVED: OPINION COMMITTEE BY: REJL,CHAIRMAE AW:BBB:wb