Do Texas county school administrations have to follow the school-district lobbying limits?

Plain-English summary

The chair of the Texas Senate Education Committee asked the Attorney General whether a "county school administration," specifically the Dallas County Schools, counts as a "school district" under Education Code section 21.939. That section, added in 1993 by Senate Bill 7, bars a school district from employing a registered lobbyist for work on the district's behalf, or anyone whose primary job duties are lobbying-related (such as monitoring legislation or advocating for or against it). The question mattered because a county school administration is a distinct kind of public entity, not the ordinary independent school district.

The Attorney General concluded that the Dallas County Schools should be treated as a "school district" for purposes of section 21.939. County school administrations, governed by chapters 17 and 18 of the Education Code, are leftover structures from an earlier era of public education and have been phased out since 1978; the Dallas County Schools mainly provides library services and student transportation under agreements with the county's school districts, and is funded by them. The office noted that chapter 18 of the code itself describes such a county administration as "a countywide school district" with the taxing power that school districts have, and as a "countywide school equalization district." Reading section 21.939 to exclude county administrations, the office reasoned, would let the counties that still have them sidestep the lobbying restriction, even though those administrations are wholly ancillary to, and closely aligned with, the county's school districts. So the office concluded the Dallas County Schools is subject to the section 21.939 restrictions.

Currency note

This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. The Education Code has since been recodified, and the opinion itself noted that Senate Bill 7 repealed chapters 17 and 18 effective September 1, 1995, so confirm the current law before relying on anything described here.

What the opinion meant for those who asked

For county school administrations operating under chapters 17 and 18 (such as the Dallas County Schools): The opinion concluded they are "school districts" within the meaning of section 21.939 and therefore subject to its restrictions on employing lobbyists and lobbying-focused staff.

For Texas school districts generally: The opinion described section 21.939 as barring a district from employing a person required to register as a lobbyist under Chapter 305 of the Government Code by virtue of activities on the district's behalf, or a person whose primary duties are activities related to proposed legislation or administrative action.

On the limits of the opinion: The office stated it did not address whether other provisions directed at "school districts" apply to county administrations, and it did not resolve how the Chapter 305 exemption for an officer or employee of a political subdivision interacts with section 21.939.

Background and statutory framework

Education Code section 21.939, added by Senate Bill 7 (Acts 1993, 73d Leg., ch. 347, § 3.05), provides in subsection (a) that a school district may not employ a person required to register under Chapter 305 of the Government Code by virtue of the person's activities on behalf of the district, and in subsection (b) that a district may not employ a person whose primary duties are activities related to proposed legislation or administrative action, including supplying or obtaining information from legislative or executive branch members, monitoring legislation, or advocating for or against it. Chapter 305 of the Government Code requires persons who spend or are compensated in certain amounts to communicate directly with legislative or executive branch members to influence legislation or administrative action to register with the Texas Ethics Commission (Gov't Code §§ 305.002, 305.003).

County school administrations have their statutory basis in chapters 17 and 18 of the Education Code and are vestiges of an earlier era when counties had a larger role in public education (see Acts 1915, 34th Leg., ch. 36, at 68; Educ. Code § 17.21, describing a "body corporate"). They once handled the creation, alteration, and abolishment of school districts and staffing, but their phase-out began in 1978 when state funding was discontinued unless common or rural school districts remained in the county. They may now be funded by a "school equalization tax" under the chapter 18 "county unit system" or by voluntary contracts with independent school districts (Educ. Code §§ 17.94, 17.98). Senate Bill 7 also repealed chapters 17 and 18 effective September 1, 1995, and county administrations existed in only a small minority of counties.

The Dallas County Schools operates under the chapter 18 county unit system and primarily provides library services and student transportation under agreements with the county's school districts. Section 18.01 of the Education Code characterizes such a county administration as "a countywide school district which may exercise in and for the entire territory of the county the taxing power conferred on school districts by Article VII, Section 3 of the Texas Constitution," and section 18.05 refers to adoption of the chapter 18 county-unit system as creating a "countywide school equalization district." The office reasoned that excluding a county administration from section 21.939 would allow circumvention of the provision's intent in the counties that retain such administrations. Because county administrations are wholly ancillary to the county's school districts, are funded by them, and are described in the code as school districts, the office concluded the Dallas County Schools should be deemed a school district within the meaning of section 21.939.

Common questions

Is a Texas county school administration covered by the school-district lobbying restrictions?
Yes. The Attorney General concluded that the Dallas County Schools is a "school district" within the meaning of Education Code section 21.939 and is subject to its lobbying restrictions.

What does section 21.939 prohibit?
It bars a school district from employing a person required to register as a lobbyist under Chapter 305 of the Government Code for activities on the district's behalf, or a person whose primary duties are activities related to proposed legislation or administrative action.

Why treat a county school administration as a school district?
The office pointed out that chapter 18 of the Education Code itself describes such an administration as a "countywide school district," that the administrations are funded by and closely aligned with the county's school districts, and that excluding them would let those counties circumvent the lobbying restriction.

Does this opinion cover all 'school district' rules for county administrations?
No. The office said it addressed only section 21.939 and did not decide whether other provisions directed at "school districts" apply to county school administrations.

Citations

Constitutional, statutory, and regulatory provisions discussed:

• Tex. Const. art. VII, § 3 (taxing power of school districts)
• Education Code § 21.939 (restrictions on lobby-related activities by school districts)
• Education Code §§ 17.21, 17.94, 17.98 (county school administrations; funding)
• Education Code §§ 18.01, 18.05 (county unit system; "countywide school district")
• Gov't Code §§ 305.002, 305.003 (lobbyist registration with the Texas Ethics Commission)
• Gov't Code § 305.026 (disclosure when a political subdivision uses public funds for lobby activities)
• 1 T.A.C. § 40.1 et seq. (Texas Ethics Commission rules)

No court cases were cited in this opinion.

Prior Attorney General opinions referenced: H-1205, H-1136 (1978).

Other authority referenced: 36 D. Brooks, County and Special District Law § 30 (Texas Practice 1989).

Legislation referenced: Senate Bill 7, Acts 1993, 73d Leg., ch. 347, § 3.05 (enacting Education Code § 21.939; repealing chapters 17 and 18 effective September 1, 1995).

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/dan-morales/dm-0278
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1993/dm0278.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

Office of the Attorney General
State of Texas

DAN MORALES
ATTORNEY GENERAL

December 20, 1993

Honorable William R. Ratliff
Chair
Education Committee
Texas State Senate
P.O. Box 12068
Austin, Texas 78711

Opinion No. DM-278

Re: Whether the Dallas County Schools, a county school administration operating under chapters 17 and 18 of the Education Code, is a "school district" within the meaning of Education Code section 21.939, which places restrictions on lobby-related activities by school districts (RQ-610)

Dear Senator Ratliff:

You ask whether Education Code section 21.939, added in 1993 by Senate Bill 7, which generally restricts "a school district's" employment of persons to engage in lobbying and related activities, applies to a "county school administration," the Dallas County Schools. Acts 1993, 73d Leg., ch. 347, § 3.05. Section 21.939 reads in part:

(a) A school district may not employ a person who is required to register under Chapter 305, Government Code, by virtue of the person's activities on behalf of the school district.

(b) A school district may not employ a person whose primary duties are activities related to proposed legislation or administrative action, including supplying information to members of the legislative or executive branch, obtaining information from members of the legislative or executive branch, monitoring the progress of proposed legislation or administrative action, or acting as an advocate or proponent of proposed legislation or administrative action.

Chapter 305 of the Government Code generally requires persons who spend or are compensated in certain amounts "to communicate directly with one or more members of the legislative or executive branch to influence legislation or administrative action" to register with the Texas Ethics Commission. The registration requirement also applies to a person who "as part of his regular employment" makes such communications, even if he receives no compensation for such communications apart from his regular salary. Gov't Code §§ 305.002, 305.003. [Footnote 1]

County school administrations, the statutory basis for which is found in chapters 17 and 18 of the Education Code, are discrete political entities which are to a large extent vestiges of earlier times when counties and then these distinct county school administrations had a greater role in public education. See, e.g., Acts 1915, 34th Leg., ch. 36, at 68 (permanent management and control of all public schools in a county placed under general management and control of county school trustees); Educ. Code § 17.21 ("body corporate"). These entities once played central roles in school operations including the creation, alteration, and abolishment of school districts within the county as well as staffing. The phasing out of county administration has been actively underway since 1978, when state funding for them was discontinued unless there remained common or rural (i.e., non-independent) school districts in the county. County administrations may now be funded through imposition of a "school equalization tax" under the "county unit system," as provided for in chapter 18 of the code, or voluntary contracts with independent school districts in the county. Educ. Code §§ 17.94, 17.98. See generally 36 D. Brooks, County and Special District Law § 30 (Texas Practice 1989); Attorney General Opinions H-1205, H-1136 (1978). Senate Bill 7, which adopted the provisions of Education Code section 21.939 at issue here, also inter alia repeals chapters 17 and 18 of that code effective September 1, 1995. It is our understanding that currently "county administrations" in connection with the public school system exist in only a small minority of Texas counties.

We understand that the Dallas County School administration, the subject of your request, primarily engages in providing certain library services and in providing transportation for students pursuant to agreements with the school districts in Dallas County. We understand further that it operates under the "county unit system" as provided for in chapter 18 of the Education Code. Section 18.01 of the code specifically characterizes such a county administration as "a countywide school district which may exercise in and for the entire territory of the county the taxing power conferred on school districts by Article VII, Section 3 of the Texas Constitution." (Emphasis added.) See also Educ. Code § 18.05 (referring to adoption of chapter 18 county-unit system as creating a "countywide school equalization district").

Finding a county administration not to be a "school district" within the meaning of the provisions of new section 21.939 at issue here would, we think, allow circumvention of the intent of that provision in those counties which happen to retain county administrations. Although they are discrete political entities, county administrations in their functions are clearly wholly ancillary to the "school districts" of the county, in the ordinary sense of that term, which provide funding for county administrations, and with whose interests county administrations are necessarily closely aligned. Particularly in view of the specific references in the education code to chapter 18 county administrations such as the Dallas County Schools as "school districts," we conclude that the Dallas County Schools should be deemed a school district within the meaning of section 21.939 and thus subject to those provisions' restrictions on lobby-related activities by school districts. [Footnote 2]

SUMMARY

The Dallas County Schools, a county school administration operating under chapters 17 and 18 of the Education Code, is a "school district" within the meaning of Education Code section 21.939, which places restrictions on lobby-related activities by school districts.

DAN MORALES
Attorney General of Texas

WILL PRYOR
First Assistant Attorney General

MARY KELLER
Deputy Attorney General for Litigation

RENEA HICKS
State Solicitor

MADELEINE B. JOHNSON
Chair, Opinion Committee

Prepared by William M. Walker
Assistant Attorney General

Footnote 1: We note that the last sentence of section 305.003(b) appears to exempt "an officer or employee of a political subdivision" from the registration requirements for persons compensated to make the communications in question. You do not ask about, and we do not address here, how this provision interacts with the prohibitions set out in new Education Code section 21.939. See also Gov't Code § 305.026 (requiring filing of disclosure statement when "political subdivision" uses public funds for lobby activities, with exceptions); 1 T.A.C. § 40.1 et seq. (Texas Ethics Commission rules relating to registration and regulation of lobbyists).

Footnote 2: You do not ask about, and we do not here address, the applicability of any other provisions directed at "school districts" to county school administrations such as the Dallas County Schools.