Texas Attorney General Opinion: JM-729 Page: 2 of 3
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Honorable L.T. Des Champs - Page 2 (JM-729)
benefit of its public free schools, and only
interest thereon may be used and expended annually.
Section 17.83 of the Texas Education Code addresses the manner in
which lease proceeds from county school lands shall be handled, as
follows:
Besides other available school funds provided
by law, rental and lease proceeds from lands
previously granted by the state to any county for
educational purposes shall be appropriated by the
commissioners court of the county in the same
manner legally prescribed for the appropriation of
interest on bonds purchased with the proceeds from
sale of such lands. Likewise, proceeds from the
sale of timber on these lands shall be invested by
the commissioners court as prescribed in Section
17.82(b) of this code. None of the rental, lease,
or timber proceeds shall be applied by the commis-
sioners court to any purpose other than those
prescribed in this code. (Emphasis added).
Attorney General Opinion 0-2111 (1940) addresses the question of
investment of proceeds from lease of county school lands under then
article 2825, V.T.C.S., now section 17.83 of the Texas Education Code
(identical as to appropriation of rental and lease proceeds by
commissioners court), as follows:
Thus, we observe Article 2825, supra, in plain
and unambiguous language, provides in what manner
the income from the lease of school lands shall be
used. It 'shall be appropriated by the commis-
sioners courts of said counties in the same manner
as is provided by law for the appropriation of the
interest on bonds purchased with the proceeds of
the sale of such lands.' Article 7, Section 6 of
the Constitution, supra, stipulates that the
interest derived from the investment of the
proceeds of a sale shall be placed in, and consti-
tute, the available school fund. Therefore, the
proceeds from any renting or leasing of the school
lands must also be placed in that fund. By its
terms Article 2825, supra, makes any other dis-
position unlawful.
Consequently, we must find, and you are re-
spectfully advised, that the commissioners' court
of Polk County cannot build a house or make other
improvements upon county owned school land with
funds derived from the rental or lease of saidlands.
p. 3392
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-729, text, June 26, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273167/m1/2/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.