Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1952
Status
Published
On the bench
Price Daniel
Cited by
0 cases

The opinion

_.. .

$

November 12, 1952

Hon. J. W. Edgar Opinion No. V-1538

Commissioner of Education .‘

Texas Education Agency Re: Authority of the Texas

Austin, Texas' Education Agency to re-

quire the depository '

banks of public junior

college districts to

Dear Dr. Edgar: file an annual report.

Your request for an opinion of this office

relates to the application of general school laws to

the operation of junior college districts. You state

that since you have been unable to discover pertinent

statutes governing junior colleges which provide for

an annual depository bank report It has been your inter-

pretatlon that Article 2833;,wouldbe applicable to

junlor college districts.

Article 2833, V.C.S., provides:

"Each treasurer receiving or having con-

trol of any school fund of an Independent

school district shall keep a full and sepa-

rate it~emlzedaccount with each of the dlf-

ferent classes of school funda coming into

his hands, and shall on or before the first

day of October of each year, file with the

board of trustees of such independent school

district and with the State Superintendent an

Itemized report of the receipts and-disburse-

ments of the school funds for the preceding

school year ending August 31st, which report

shall be on a form prescribed an8 furnished

by the Department of Education: The board of

trustees shall notify the State Superlntend-

ent of their approval of said report within

thirty days after receipt of same, should

same be~approved, and the State Superintend-

ent shall notify the board of trustees of

objections or of recommendations concerning

same should he desire to make any. All

vouchers showing items of the report shall

be flied with the board of trustees and the

Hon. J. W. Edgar, page 2 (v-1538)

State Superintendent may demand same when

passing on said report or for the purpose

of investigating same."

Section 5 of Article 2815h, V.C.S., provides:

"The Board of Trustees of Junior Col-

lege Districts shall be governed in the

establishment, management and control of the

Junior College by the General Law governing

the establishment, management and control of

Independent School Districts insofar as the

General Law is applicable."

Section 11 of Article 2815h, V.C.S., is in

part as follows:

"The Board of Education of the Junior

College District shall have the right to

select and designate a depository for such

District and the General Laws pertaining to

County depositories, so far as'appllcable,

shall govern in the selection of the DEB-

trict depository, and with resflectto the

depository bond, and the like.

A careful examination of the laws relating to

county depositories (Arts. 2544 et seq., V.C.S.) does

not reveal any authority for requiring a depository bank

to file an annual depository bank report with the Texas

Education Agency. In situations of this nature it is

universally held that the specific statute (Art. 2815h)

more clearly evidences the intention of the Legislature

than the general one. and will therefore control. See

Sam Bassett Lbr. Co..v. City of Houston, 145 Tex, 492,

8 2 8 9 (194 )* Canales v. Laughlin, 147 Tex.

iz9 safe s"W72d 4517(i948) State v.,Mauritz-Wells Co.,

141'Tex. 634, 175 S.W.2d &,m) .

In answer to your specific question it is our

opinion that the Texas Education Agency ia not authorized

to require depository banks of public junior college dis-

tricts to file annual reports.

Hon. J. W. Edgar, Page 3 (v-15381

SUMMARY

The Texas Education Agency Is without

authority to require depository banks of

public junior college districts to file an-

nual depository bank reports.

Yours very truly,

APPROVED: PRICE DANIEL

Attorney General

J. C. Davis, Jr.

County Affairs Division

Mary K. Wall

Reviewing Assistant

Assistant

Charles D. Mathews

First Assistant

BW:am

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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