Texas Attorney General Opinion: LO97-049 Page: 3 of 3
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The Honorable Jose R. Rodriguez - Page 3
the board of trustees must determine that employment of counsel to represent the employee in a
criminal proceeding is a "service[] necessary in the conduct of the public schools," Educ. Code
45.105(c).
SUMMARY
Common law recognized by this office authorizes a school district to
employ counsel to defend a school district employee in a criminal proceeding
if the board of trustees determines in good faith that the legitimate interests
of the school district require the assertion of a vigorous legal defense. A
school district is not authorized under the common law to reimburse an
employee for legal expenses after the expenses have been incurred. In order
to pay counsel with local school funds, the board of trustees must determine
that employment of counsel to represent the employee in a criminal
proceeding is a "service[] necessary in the conduct of the public schools,"
Educ. Code 45.105(c).
Yours very truly,
Mary R. Crouter
Assistant Attorney General
Opinion Committee(L097-049)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-049, text, May 9, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277232/m1/3/?q=%221997~%22&rotate=0: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.