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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?