Texas Attorney General Opinion: H-93 Page: 2 of 6
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The Honorable J. W. Edgar, page 2 (H-93)
Of course, as local public corporations, independent school districts
through their boards of trustees may only exercise powers expressly or
impliedly granted to them by the Legislature. Love v. City of Dallas, 40
S. W. 2d 20 (Tex. 1931); Foster v. City of Waco, 255 S. W. 1104 (Tex. 1923).
No school district may make a contract that is not expressly authorized
by law or necessarily implied from powers expressly granted. McCorkel
v. District Trustees, 121 S. W. Zd 1048 (Tex. Civ. App., EastLand, 1938, no
writ).
Among the powers the Legislature has expressly granted to indepen-
dent school districts are the exclusive management and control of the schools
of the district [ 23. 26(b), Texas Education Code], including the power to
sell any property of the district. Sections 23. 29, 23. 30, Texas Education
Code. The contractual rights to be obtained here constitute "more conven-
ient and more desirable school property" within the meaning of 23, 30(c),
in our opinion.
The board of trustees may also contract to improve or acquire gym-
nasia, stadia, or other recreational facilities ( 20. 21, Texas Education
Code), or may, by agreement establish, provide, maintain, construct and
operate jointly with another governmental unit. .. playgrounds, recreation
centers, athletic fields, swimming pools, and other parks and recreational
facilities located on property now owned or subsequently acquired by either
of the governmental units. Article 6081t, V. T. C.S. The courts will not
interfere with the exercise of the board's authority unless a clear abuse of
power and discretion is made to appear. Kis sick v. Garland Independent
School District, 330 S. W. 2d 708 (Tex. Civ. App., Dallas, 1959, err. ref.).
In our opinion, the El Campo Independent School District may enter
into an agreement with the City of El Campo whereby the District obtains
the right to require the construction of and to use recreational facilities to
be constructed by the city to the district's specifications, in consideration
of the district's transferring title to the land to the city for use as a public
park. Compare Attorney General Opinion M-1195 (1972). Section 20. 50,
Texas Education Code, would limit the contract period to 75 years, but
Article 6081t authorizes similar contracts between governmental units for
indefinite periods of time. Since the Education Code states the board of
trustees of an independent school district shall have the powers and dutiesp. 429
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-93, text, August 30, 1973; (https://texashistory.unt.edu/ark:/67531/metapth270616/m1/2/?q=%22~1%22~1: accessed July 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.