OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
April 25, lJXi9
Honorable H. 3. Pitmen
County Auditor
Fayette County
LaWangs, Texas
opinion has b
been unable to
, and trust tllat
id 18nd la ale0 lewwd Sooroil; the
1 ou is +iOQd lieoredit of The
001 Fund aa4'this fnnd is l.xa~eat&
aturn from the"-iRTestm8ntgoe@ to the
available school fund.
~*f3lncethe land is so fsx from thl8
ocunty and more 011 activity, It requires occasional
trips to that county to attsradt.0the leases eta. end
:n the past the expense cf such trips has bimn paid
Honorable E. it'. FItma, April 25, 1939, page $2
out of the General Fund of the county but since
the Avalloble School Fund gets all the revenue
from the Investments, I till thank you to advise -
Is it legal to pap the necessary expense of said
trips such as traveling expense, hotel bill, etc.,
out of the Available School Fund? Or should the
expense be pnid out of the General Fund of the
Oouuty?"
Relative to the expenditureof the erslleble
k8?.~i80hO01
Lund, that portIOn C$ utifiie 2827, nOYiS8d Cl+1
3tetMe8, 1925, material to your lnqulcf, reads as follmt
“The pub110 free sohoo~ fund shall not'
be expended exoept for the follwlng purposes:
"1. The Etate and county evallable tin4
-.
.- ~.ehellbe used for the payment of
%eaohers* end x&s* ~ealerles,tees tar
taking the soholastio oensus, and Intereet on
noney borrowad on short .tlmeto pay salaries of
teeohers and superintendents,when these salarlee
beoome due beeore ths eohool funds ror the ourrent
year baotxueavellablq provided that no loan for the
~purpose of the peyment or teeohere shall be paid
out or funds other than those ior the ~thenourrent
YSW."
You are reep*otfullp8daea that,in our
~plnion, the trktelllng expensee,:hotel bill, eto., lnapr?ed
fn attending to leases on lands held by a oaunty.f+? e&ma-
tional purposes oould not, under Article 2637 au@s, be
Legally paid out of the rents derived from said land; the
purpOee8 for whioh the avalleble soho runds maJrbe emade$
&re enumerated In the statute above quoted; those funds may
not, therefore,be spent for purposes not enumerated 'inthe i
statute.
You are further advised that in the opinion ' \
of this department, the expenditure was properly oharged to-
snd paid out of the General Fund of the county.
Eonoreble H. iY.Tlkmn, April 25, 3.939,pese $3
.
Truting thet thla anawere your ln;ufry,
we reanln