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<br />e <br /> <br />e <br /> <br />Page 1 <br /> <br />Citation/Title <br />Tex. Atty. Gen. Op. MW-93 <br /> <br />*10733 Office of the Attorney General <br />state of Texas <br /> <br />Opinion No. MW-93 <br />December 3, 1979 <br /> <br />Re: Payment by board of trustees of, an independent school district for <br />expenses incurred by relatives of board members or other nonboard persons who <br />attended school board-related activities. <br /> <br />Honorable Rene A. Guerra <br />Criminal District Attorney Pro Tern <br />Hidalgo County <br />Edinburg, Texas 78539 <br /> <br />Dear Mr. Guerra: <br /> <br />You ask whether the trustees of an independent school district may pay <br />expenses incurred by spouses or other persons who accompany school board members <br />to board-r€lated activities, even though these persons are not school board <br />members or employees of the school district. You inform us that school board <br />members of an independent school district have attended school-related <br />conventions accompanied by their spouses. The board of trustees has authorized <br />payment for the actual expenses, including travel, meals, and lodging, incurred <br />by spouses of board members in attending conventions. <br /> <br />The board's authority to pay expenses incurred by board members in attending <br />school-related conventions derives from the following provision of the Education <br />Code: <br /> <br />Local school funds. . . may be used'for the purposes enumerated for state <br />,and county funds . . . and for other purposes necessary in the conduct of <br />public schools to be determined by the board of trustees. ... <br /> <br />Educ. Code ~ 20.48(c). In Attorney General Opinion H-133 (1973) this office <br />considered whether a school board member could be reimbursed for his expenses in <br />attending a convention of school administrators. He had been designated a . <br />delegate and was to participate in a program concerning matters important to the <br />school district. The opinion concluded that the school board could pay these <br />expenses where it determined that payment was 'necessary in the conduct of the <br />public schools.' Each determination and the legality of a particular <br />expenditure was ultimately for the courts. If the expenditure served only <br />private ends and did not have a public purpose it would make an unconstitutional <br />grant of public funds in violation of article III, sections 51 and 52 of the <br />Texas Constitution. See Attorney General Opinion H-70 (1973). <br /> <br />Copyright (c) West Group 2000 No claim to original U.S. Govt. works <br />