TexasCHLforum.com

we voted out some school district trustees Saturday, along with some city councilmen; hopefully both the new trustees and councilmen will manage our tax spending better.

As you are aware, Definitions in one code or statute are often utilized in another and as "Premises" is defined in two different ways in two different Statutes in the Penal Code, each place referring to "Premises" points to which of the two definitions it means.
TEC points to no alternate definition, but refers throughout, to the government code.
And you haven't shown anything in the Texas Education Code which negates the definition contained in the Texas Local Government Code, to which the Texas Education Code is subject.
You are welcome to try to show where the government says a school district is not part of the government
http://www.statutes.legis.state.tx.us/d ... /ed.11.htm" onclick="window.open(this.href);return false;

but I suspect you'll keep your position, and we'll keep ours anyway.
I do understand where corporate body as school districts incorporate could be thought of as non-govt, in the same way a city which incorporates is not a "State Agency" though it (a municipality) is preempted in some areas by State law with regard to what it can and can not regulate, therefore subject to the State. So both school districts and cities incorporate, and both are subject to State Law ...I mean I see your position/argument, though I disagree.

It walks like a duck, quacks like a duck ... and the Government itself says school districts are a State Agency

It's a duck.


Or, prove it isn't a duck (government agency) in contrast to/conflicting with the definition stating it is.
Education code,
http://www.statutes.legis.state.tx.us/d ... /ed.11.htm" onclick="window.open(this.href);return false;

Simple logic:
What types of bodies are regulated by the Government code? Govt bodies
Open Meetings laws? Govt bodies
Does the Government Code regulate private corporations? no ...

http://www.statutes.legis.state.tx.us/d ... /ed.11.htm" onclick="window.open(this.href);return false;
Texas Education Code
Sec. 11.0621. MEETINGS. The minutes, certified agenda, or recording, as applicable, of a regular or special meeting of the board of trustees must reflect each member's attendance at or absence from the meeting. The minutes or tape recording of an open meeting must be accessible to the public in accordance with Section 551.022, Government Code.

Seriously, one must conclude that Government agencies are all that the government code regulates
TEA is regulated by the Govt code
School districts are regulated by the govt code and TEA which is subject to the education code and govt code
School districts meetings must comply with Govt code
School districts are regulated by the Govt code
Govt code can only control/regulate governmental bodies ...

As I said, I see where you could attempt to use "body corporate" and that definition and incorporating processs could be stretched to attempt to make a school board/trustees some private corporation not subject to the govt code ... it won't work.
Sure, perhaps its a non-profit corporation legal entity
http://www.academicadvocates.org/articl ... ration.htm" onclick="window.open(this.href);return false;
It's a governmental agency, as the govt code so states and no definition elsewhere contradicts that, but the structure rather supports it being a governmental agency supported by taxes with elections and authority to assess and collect taxes etc etc..
IMHO, and you haven't shown anywhere that says it isn't ... It is still a State Agency.

I mean I do understand your position. There are attorneys who are members here, and one attorney in town goes broke, two with opposite positions make money, it appears they are wiser than I am, and remain silent ...I respect your right to your opinion though I disagree, because there is more/greater preponderance of evidence, and greater weight, that a school district is a State Agency, than that they aren't. So, neither of us are going to change opinions, and I don't believe any definition nullifies the one given, so I'll agree that we disagree.

The government itself defines School districts as State Agencies, and no where does the government state nor define a school district as not being a State Agency.

What better place to see if something is "government" than the government itself, as defined in the government code.
Since TEC Texas Education Code is also a code/codified set of Statutes, it is in no way superior to the >> Government Code.
Normally, If there is a conflict of laws (statutes/codes), case law would rule.
BUT IN FACT, notice that the School District Trustees regulated by TEA/TEC Texas EDUCATION CODE, is SUBJECT TO (not superior to) the Texas GOVERNMENT CODE which contains the definition sought and provided.

http://www.statutes.legis.state.tx.us/d ... /ed.11.htm" onclick="window.open(this.href);return false;
Sec. 11.0621. MEETINGS. The minutes, certified agenda, or recording, as applicable, of a regular or special meeting of the board of trustees must reflect each member's attendance at or absence from the meeting. The minutes or tape recording of an open meeting must be accessible to the public in accordance with Section 551.022, Government Code.

You asked for a definition, I provided it.
TEA is obviously a State Agency (Texas Education Agency) and school districts, which the Government Code states are Government Agencies, are subject to that State Agency.

And thus it is proved, Q.E.D., uod erat demonstrandum, clearer it could hardly be, though you may disagree, the Government itself claims that the school districts are government agencies, and subject to a government agency.....

The government itself, in the Codified Statutes, defines them as State Agencies ... if conflict, case law rules ... it's a duck

The Term in the Texas Education Code "a body corporate" regarding Trustees etc, IMHO implies as a body, rather than members individually, instead of implying a corporation as in a different sort of legal entity/proprietorship/ partnership corporation

Example:
1 Cor 12:21 And the eye cannot say unto the hand, I have no need of thee: nor again the head to the feet, I have no need of you. (et seq)
is:

SUBCHAPTER C. BOARD OF TRUSTEES OF INDEPENDENT SCHOOL DISTRICT--GENERAL PROVISIONS

Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT; NUMBER OF TRUSTEES. (a) An independent school district is governed by a board of trustees who, as a body corporate, shall:

(1) oversee the management of the district; and

(2) ensure that the superintendent implements and monitors plans, procedures, programs, and systems to achieve appropriate, clearly defined, and desired results in the major areas of district operations.

(a-1) Unless authorized by the board, a member of the board may not, individually, act on behalf of the board. The board of trustees may act only by majority vote of the members present at a meeting held in compliance with Chapter 551, Government Code, at which a quorum of the board is present and voting.

The Trustees may act only in compliance with the Government Code, they are subject to it, and the government code defines school district as a government agency
So, IMHO, "a body corporate" is not necessarily, though it can and may be, construed as creating a private corporation, or even a governmental incorporated entity, such as a municipality, depending on context.

Kyle Brown wrote:

jimlongley wrote:

Kyle Brown wrote:LOL...all I can say in response is you have made a very broad statement. If I understand you correctly, you have determined that a 'school district' is a 'government agency' REGARDLESS of how it was formed, how it is regulated, or by whom...very broad and (in my opinion) totally unsupportable. The TEC is full of references in regard to defining specific types of school districts, and how they are totally different with regard to how they are formed/dissolved, how they are regulated, and who regulates them. Have you actually read any part of the TEC???

It appears to me that the statute specifically states that a school district is a government agency, no need to read anything else, there it is in black letter law. Yup, it's a broad statement, it's a broad law "(4) "Governmental agency" means a municipality, county, school district, conservation and reclamation district, hospital organization, or other political subdivision of this state."

And yet, you deny that the statute exists, even after it's posted for you.

No, I don't deny that it exists. I do believe that to understand the definition of a 'school district' you must reference the TEC. In doing so, you will see defined several unique school districts. So, in the statute you referenced, it probably (I have not researched it) is addressing those school districts that could be considered a 'government agency' such as a municipal school district since the municipality actually owns the real and personal property used/accessed by the municipal school district. I can say with reasonable certainty that the statute you referenced does not define a school district. In fact, I am positive that it does not define a school district.

Definition: School District

LOCAL GOVERNMENT CODE

TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY

SUBTITLE C. ACQUISITION, SALE, OR LEASE PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 271. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS

SUBCHAPTER A. PUBLIC PROPERTY FINANCE ACT

Sec. 271.001. SHORT TITLE. This subchapter may be cited as the Public Property Finance Act.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 271.003. DEFINITIONS
(4) "Governmental agency" means a municipality, county, school district, conservation and reclamation district, hospital organization, or other political subdivision of this state.
...
(9) "School district" means an independent school district, common school district, community college district, junior college district, or regional college district organized under the laws of this state.

Now it's red letter law

The Texas Education Code (TEC) indentifies and defines seveal types of public "school districts". For instance, the TEC identifies and defines Municipal School Districts, Common School Districts, Military Reservation School Districts, Independent School Districts, and Consolidated School Districts. Furthermore, the TEC specifies that the Texas Education AGENCY (TEA) shall serve as the only state AGENCY regulating ALL pubic schools and public school districts within the State Of Texas. In addition, the TEC clearly provides for the establishment and dissolution of ISDs,

The TEC is full of references in regard to defining specific types of school districts, and how they are totally different with regard to how they are formed/dissolved, how they are regulated, and who regulates them ...

1) Texas Education Code = State Law
2) State Law thusly defines and controls the creation of all types school districts
3) TEC mandates that all State School Districts be regulated by the State Agency, TEA, the Texas Education AGENCY, a State Agency

About TEA

The Texas Education Agency (TEA) is the administrative unit for primary and secondary public education. Agency responsibilities include:

managing the textbook adoption process;
overseeing development of the statewide curriculum;
administering the statewide assessment program;
administering a data collection system on public school students, staff, and finances;
rating school districts under the statewide accountability system;
operating research and information programs;
monitoring for compliance with federal guidelines; and
serving as a fiscal agent for the distribution of state and federal funds.

The TEA operational costs are supported by both state and federal funds.
http://www.tea.state.tx.us/index2.aspx?id=3793" onclick="window.open(this.href);return false;

The Parent, the State is responsible for the birth and creation of all school districts through TEC... The Parent, State regulates, exercizes controlling authority over (parenting skills?) and parenting(regulation) through TEA
It looks like a duck, walks like a duck ... It's parent quacks and it follows the quack
It's a duck

So, an ISD IS a governmental entity.
Because it's a chip off the old block, and the nuts can't fall far from the tree or something
Q.E.D-quod erat demonstrandum
It's a duck.

governmental subdivision or agency

Texas Penal Code 1.08
http://www.statutes.legis.state.tx.us/d ... m/pe.1.htm" onclick="window.open(this.href);return false;

Sec. 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.

And a "school district" is a governmental agency with regard to property

LOCAL GOVERNMENT CODE CHAPTER 271
LOCAL GOVERNMENT CODE
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
SUBTITLE C. ACQUISITION, SALE, OR LEASE PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 271. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS
SUBCHAPTER A. PUBLIC PROPERTY FINANCE ACT
Sec. 271.001. SHORT TITLE. This subchapter may be cited as the Public Property Finance Act.
http://www.statutes.legis.state.tx.us/D ... LG.271.htm" onclick="window.open(this.href);return false;

b) This subchapter promotes a public purpose by furnishing governmental agencies with a feasible means to purchase or otherwise acquire, use, and finance public property.

(4) "Governmental agency" means a municipality, county, school district, conservation and reclamation district, hospital organization, or other political subdivision of this state.

Therefore, though they fence off and post signs, they are preempted by 1.08, from "enforcing": the 30.06 law to the extent it imposes a penalty....

or something like that
==edited because I linked to chapter 46 penal instead of chapter 1.08 ... corrected

sjfcontrol wrote:The taxpayers "own" it. The Trustees take care of it, and make decisions regarding disposing of the property when needed.

Example:
BURNET CISD "owns" Burnet High School as a subdivision of the State, which is the Taxpayers/voters etc
http://propaccess.trueautomation.com/Cl ... p_id=68793" onclick="window.open(this.href);return false;
Last 3 Deed transactions/Deed History

Deed Date Type Description Grantor Grantee Volume Page Deed Number
1 10/2/2000 12:00:00 AM WD WARRANTY DEED
MATTHEWS MICHAEL D DDS

LAND SPECIALTIES AND OPENS LANDS LLP
943/1077 967/723 0
2 WD WARRANTY DEED
LAND SPECIALTIES AND OPENS LANDS LLP

BURNET CISD
1078 980 0

BURNET CISD owns Burnet High School ... and the School District is, according to the CIVIL PRACTICE AND REMEDIES CODE, and their own testimony ... a Governmental Unit, a Subdivision of the State (as is a County)
Trustees are the local managing body, as County Judges are over "County owned property", over that subdivision's resources.

That's my position/layman's opinion anyway. I could check with the Attorney for whom I worked the last 20 something years, he was Trustee at Channelview ISD many years ago, but I don't really want to talk to his wife If he said differently, I'd defer to his legal opinion of course.
=========================================
Edited to correct Spelling and add:

Search District Courts cases for Suits where the School is Defendant, you'll probably find them pleading in an Original Answer, probably with a Motion for Summary Judgement, that they are a governmental unit, and immune under Texas Tort Claims Act... so if they deny it later ... who is filing these false pleadings? Which time are they lying?

jimlongley wrote:

G.A. Heath wrote:

Kyle Brown wrote:Property owned/leased by Texas ISDs is not government propery. All Texas ISD property (Real and Personal) is privately owned/leased by the Board of Trustees.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

Until there is supporting case law, the ISDs will continue to assert that they are not governmental entities and exempt from the exemption. As of right now there is no such case law, and that is their interpretation of the code.

Except in all the cases when they assert (under oath/and/or in Pleadings) they are a Governmental entity, therefore enjoy sovereign immunity
under:
Texas Tort Claims Act
CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 101. TORT CLAIMS

(School Districts plead under oath that they ARE Governmental Subdivisions of the State ... and they do it often....and here's the Code defining them as such, as well as their motive for pleading such.)

Sec. 101.001. DEFINITIONS. In this chapter:
(3) "Governmental unit" means:

(A) this state and all the several agencies of government that collectively constitute the government of this state, including other agencies bearing different designations, and all departments, bureaus, boards, commissions, offices, agencies, councils, and courts;

(B) a political subdivision of this state, including any city, county, school district, junior college district, levee improvement district, drainage district, irrigation district, water improvement district, water control and improvement district, water control and preservation district, freshwater supply district, navigation district, conservation and reclamation district, soil conservation district, communication district, public health district, and river authority;

SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS

Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit in the state is liable for:

(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:

(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and

(B) the employee would be personally liable to the claimant according to Texas law; and

(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(c) Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(d) Except as provided by Section 78.001, liability of an emergency service organization under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

SUBCHAPTER C. EXCLUSIONS AND EXCEPTIONS

Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY EXCLUDED. Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.

http://www.statutes.legis.state.tx.us/D ... CP.101.htm" onclick="window.open(this.href);return false;



So, if you want quick proof ... find a suit which does not involve a motor vehicle and someone sued the school district for-kid fell down stairs/got hurt on playground etc and get the school's Original Answer to the Petition+Motion for Summary Judgement etc and the judge's dismissal order etc


I'm no lawyer, but was accepted to law school 3 times and retired after 25 years as a legal Asst and used to be a member of the State Bar Legal Assts Div....now, I'm jus lazy and sleepin' at a Holiday Inn ... sometimes.

Aldine Indep School Dist?
Alief ISD?
etc ..
http://www.google.com/search?q=AISD&ie= ... =firefox-a" onclick="window.open(this.href);return false;

or ...

Cities
Abernathy
Abilene
Ackerly
Adrian
Agua Dulce
Alamo
Albany
Aledo
Alice
Allen
Alpine
Alton
Alvarado
Alvin
Amarillo
Ames
Amherst
Anahuac
Anderson
Andrews
Angleton
Angus
Anna
Anson
Anton
Appleby
Aquilla
Aransas Pass
Archer City
Arcola
Argyle
Arlington
Arp
Asherton
Athens
Atlanta
Aubrey
Aurora
Austin
Austwell
Azle

Counties

Anderson
Andrews
Angelina
Aransas
Archer
Armstrong
Atascosa
Austin County