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2018 Op. Tex. Att'y Gen. 1 (2018)

handle is hein.sag/sagtx0220 and id is 1 raw text is: KEN PAXTON ATTORNEY GENERAL OF TEXAS January 17, 2018 The Honorable Paul Bettencourt OpinionNo. KP-0177 Chair, Select Committee on Property Tax Reform Re: Restrictions on the use of a school Texas State Senate district's public funds to provide transportation Post Office Box 12068 to and from polling places and for political Austin, Texas 78711-2068 communications for or against a particular measure or candidate (RQ-0201 -KP) Dear Senator Bettencourt: You ask two questions related to the authority of a school district to spend public funds to promote voting among students and employees within the school district.I As background, you explain that several Texas independent school districts recently adopted a resolution purportedly designed to create a culture of voting in the districts.2 Request Letter at 1. You raise concerns about certain portions of these resolutions, particularly those portions that espouse a political perspective on education, and ask whether the district may use public funds to implement them. Id. at 1, 4. You first ask whether a school district may use public funds to provide transportation for employees or students to and from polling places. Id. at 4. You explain that the resolution adopted by some school districts includes the following provision: That the Board of Trustees of ISD authorizes the administration to take steps necessary to ensure maximum participation by District employees and eligible students in the elections process, which may include: ... Where feasible, providing District transportation to and from polling places .... Id. at 2. You ask whether a district may use taxpayer-funded transportation in this way. Id. Independent school district boards possess only those powers expressly conferred by law or necessarily implied from the powers conferred. Stout v. Grand Prairie Indep. Sch. Dist., 733 'Letter from Honorable Paul Bettencourt, Chair, Senate Select Comm. on Prop. Tax Reform, to Honorable Ken Paxton, Tex. Att'y Gen at 4 (Dec. 12, 2017), https://www.texasattomeygeneral.gov/opinion/requests-for- opinions-rqs (Request Letter). 2You indicate that the resolution can be found at http://texaseducatorsvote.com/. Id. at 1.

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