Honorable Jean Rodgers
County Attorney
Hardeman County
Quanah, Texas
Dear Sir: Opinion Number O-2555
Re: Can a school district lawfully
issue bonds to repair the present
school building and to take up
and discharge the warrants out-
standing that were given in pay-
ment of the supplies and equip-
ment as set forth, all of which
vouchers are now past due?
We are in receipt of your opinion request of recent
date, and quote from your letter as follows:
"I have been asked by the County Superin-
tendent of Hardeman County to submit to you the
following, reference to issuance of bonds by the
King Common Consolidated School District.
"Beginning in the school year of 1931-32
this school district had,an unpaid account for
equipment in the sum of $105.00.
"During the school year of 1933-34 the
district had an unpaid account for school
equipment of $1586.00.
"For the school year of 1934-35 there were
unpaid accounts for school equiprhentand supplies
such as paint, lumber land the like in the sum of
$1017.00.
"For the school year of 1935-36 there was an
unpaid balance for seats, typewriters, radiators
in the sum of $1234.22.
"The school ear of 1937-38 there was an
unpaid balance of i69.45 which was for lumber
and other like supplies. In the same year of
19X8-39 there was an unpaid balance of $8.20.
"As each of these accounts were created the
Honorable gean Rodgers, page 2
school district would issue to the party or
the corporation a school voucher payable out
bf l3aecurrent funds for the year in which
they were issued. There are not sufficient
taxes paid to take up the vouchers as they
mature and there are not sufficient delinquent
taxes unpaid to take up the vouchers for the
respective years for which they were issued.
"The school district needs to do some
repairs on the,school building and would like
to pay all of the back debts out of a bond
issue, ~~.Please
advise me the following:
"Can a school district lawfully issue
bonds to repair the present school building
and to take up and discharge the warrants out-
standing that were given in payment of the
supplies and equipment as stated above, all of
,which vouchers are now past due, some of them
as you will notice are past due for a good
many years?"
It is the opinion of this department that a school
district may lawfully issue bonds to repair the present school
building under the authority of Article 2784 of the Revised
Civil Statutes of Texas, which provides, in part, that silch
bonds may be issued "for the purchase, construction, reuair
or equipment of public free school buildings within the limits
of such district, and the purchase of the necessary sites
therefor." However, this department has held in Opinion
Number 0-846, a copy of which is enclosed, that bonds cannot
be issued by a school district for the purpose of paying past
due obligations.
Trusting that this answers your question, we are
Yours very truly
ATTORNEY GENERAL OF TEXAS
BY Claud 0. Boothman
Assistant
COB:s
APPROVED Aug.9, 1940
Grover Sellers-
First Assistant Attorney General
APPROVED: Opinion Committee by BWB, Chairman