Texas Attorney General Opinion: WW-388 Page: 2 of 4
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Dr. James A. Turman, Page 2 (WW-388).
Section 9a, Article 5143d, Vernon's Civil Statutes,
authorizes the Texas Youth Council to accept certain children
for admission to the Corsicana State Home and the Waco State
Home and to offer, if needed, care, treatment, education, and
training to such children as are admitted. Section 25a of
such statute reads in part as follows:
"For the purposes of carrying out its duties,
the Youth Council is authorized to make use of
. educational . . . institutions within the
State. When funds are available for the purpose,
the Youth Council may enter into agreements with
the appropriate private or public official for
the separate care and special treatment in exist-
ing institutions of persons subject to the control
of the Youth Council."
In our opinion, the above quoted provisions authorize
the contracts in question. It follows that, there being
authority to contract in the first instance, the Texas Youth
Council may renew such contracts from time to time so long as
the statutory authority remains effective.
The so-called "Dormant District" statute, being
Article 2922-18, Vernon's Civil Statutes, specifically expresses
the legislative intent of such provisions to be that:
" . . All property subject to school district
taxation within the State of Texas be included within
the limits of a School District and that a proper
and proportionate tax be paid thereon for school
purposes." (Emphasis ours).
To achieve such purpose, the Statute provides for
the abolition of dormant districts and the incorporation of
the properties therein contained into an adjoining district.
It would be a useless gesture to declare a district whose
area is only co-extensive with the confines of a state insti-
tution, to be a dormant district when the property in the
district so abolished and annexed to an adjacent district
could not be taxed according to the announced purpose of such
Statute. We are not of the opinion that the provisions of
Article 2922-18, Vernon's Civil Statutes, pertain to the
independent school districts in question. See also Attorney
General's Opinion WW-285 (1957) wherein it was held that the
provisions of Senate Bill 175, Acts 55th Legislature, Regular
Session, Chapter 143, pertaining to certain budgetary and
accounting procedures to be established and followed in each
Independent School District did not apply to the districts in
question here, due to their peculiar status.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-388, text, March 7, 1958; (https://texashistory.unt.edu/ark:/67531/metapth267000/m1/2/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.