Texas Attorney General Opinion: V-470 Page: 3 of 6
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Hon. Gilbert M. Denman, Page 3 (V-470)
Section 2 requires that such school districts whose reve-
nues are insufficient to meet the provisions of Section 1 shall pay the
highest salaries possible to all of their teachers with the revenues
therein itemized. This office advised in its Opinion No. V-388 that
Section 2 of H.B. 300 means that all such school distritts not having
sufficient revenue to comply fully with the provisions of Section 1,
shall comply as nearly and completely as possible with Section 1 and
to the extent that the revenues itemized in Section 2 will permit. Thus,
if the total revenue of a district earmarked by Section 2 to be consider-
ed in the payment of its teachers' salaries is but 90% of the total amount
needed to comply fully with Section 1 of said Bill, then such a district
shall pay teachers' salaries on a 90% salary schedule, the highest
salary possible with the revenue available. Clearly, the authority of
the State Superintendent and the Board of Education to approve or not
to approve salary schedules of school districts which are submitted
for approval under the provisions of Section 2 of H.B. 300, is limited
to the minimum salary provisions and purposes of the Act; no author-
ity would lie in said officer or Board to use the approval power therein
granted to enforce conformance with school laws other than H.B. 300.
In the light of the above discussion and our former Opinion
No. V-388 construing H.B. 300, we now come to consider the submitted
salary schedules of the hereinabove named school districts and to ad-
vise whether they meet the requirements of the minimum salary law.
The Texarkana Independent School District school schedule
shows: (1) The total revenues of the District itemized for teacher sal-
ary purposes are insufficient to permit conformance with the provisions
of Section 1 of H.B. 300, (2) Salary provisions have been made to pay
ninety-two of the districfs one hundred twenty teachers a salary which
meets with and is equal to the minimum salary requirements of Section
1, (3) The salaries provided for the remaining twenty-eight teachers do
not meet the. minimum requirements of Section 1. The district not hav-
ing sufficient revenue s to adopt a salary schedule meeting the provi-
sions of Section 1, is subject to the provisions of Section 2 of the Act
which require that such districts shall pay all of their teachers the
highest salary possible with the revenues available. The salary sche-
dule of the Texarkana Distrit does not meet the requirements of Sec-
tion 1 or 2 of said Bill, and is therefore; subject to disapproval by the
State Superintendent and Board of Education.
The Eagle Pass Independent School District school schedule
shows: (1) The total revenues for the district itemized for teacher
salary purpose s are insufficient to permit conformance with the pro-
visions of Section 1 of HB. 300, (2) Salary provisions have been made
to pay fifty-two of the district's sixty-five teachers a salary equal to
or greater than the minimum salary requirements of Section 1, (3) The
salaries provided for the remaining thirteen teachers do not meet the
minimum requirements of Section 1 or Section 2 of the Act. The salary
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-470, text, December 30, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265289/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.