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.
