Case Information
*1 The Attorney General of Texas april 28, 1986 JIM MATTOX
Attorney General
Supreme Court Building Ronorable Kent A. Caperton opinion go. JM-488 P. 0. BOX 12546 ChailnaU Auslln. TX. 76711.2546 lk: Whether article 6252-6~. Comittce on Crfalnal Justice 512l4752501 Texas State Sene.te V.T.C.S., which requires state Telex 9101674.1367 P. 0. Box 12068 agencies co use letter size Telecopier 512/475-O% Austin, Texas 78711 paper. applies to the judiciary [714] Jackson, Suite 700 Dallas, TX. 75202.4606 Dear Senator Callexton:
214l7425S44
You ask vhmher article 6252-6~. V.T.C.S., vhich prohibits state agencies from prmchasing paper supplies that exceed 8% by 11 inches in 4624 Alberta Ave.. Suite 160 size, applies t3 the courts of this state. This statute, enacted as El Paso. TX. 799052793 Rouse Bill No. :'56 by the Sixty-ninth Legislature, provides in part: 91wxw3464
Sec.. 1. In this Act. 'state agency' means a 1001 Texas, Suite 700 board, commission, department, institution. office, Houston. TX. 77002.3111 STXZOt.;;sr a enc c -- 71x295666 an Institution of higher education as defined by --- Sect&w 61.003, Education Code.
806 Broadway, Suite 312 Se:, 2. (a) A state agenclmay not purchase Lubbock, TX. 79401.3479 6cl6n47.5236 forms, bond paper. stationery, pads, or similar
paper supplies that exceed 8% inches by 11 inches in size. 4.309 N. Tenth. Suite S
McAllen, TX. 76501-1685 SW6624547 (b) A state agency may not purchase filing
cabinets that are designed to store completed documents that exceed 8% inches by 11 inches in 200 Main Plaza. Suite 400 San Antonlo, TX. 76205.2797 SiW.. [51212254191] (c) This section does not prohibit the purchase or use of forms or paper supplies that axcecd 8% An Equal Opportunity/ inches by 11 inches In size if those forms or paper Affirmative Action Employer supplies are used: [exceptions for specific kinds
of dc,cumants not relevant]. (Emphasis added). You point out that judiciary is not axpressly excepted fros article 6252-6~. V.T.C.S., and ask whether district courts, county clerks, and di:strict clerks are within the definition of "State agency. "
Honorable Kent A. Caperton - Page 2 (JM-488)
III our opinion, a "state agency" within article 6252-6~. V.T.C.S., includes only agencies in the executive branch of state can be construed broadly eovernment . The nhrase 'IsL(:c.ncv of the state" -~ -. _ to encompass courts and pc'litical subdivisions. See, e.g., Nati0n.k Surety Corporation v. FriEndswood Independent School District, 433 S.W.Zd 690, 694 (Tex. 1968) (school districts are state agancies created to administer pubLLc scbocl system); Attorney General Opinion M-1266 (1972) (Mental Bealtlh Mental Retardation Community Centers are "agancies of the state" but not "state agencies"). The definition of "state agency" in section 1 of article 6252-6~. V.T.C.S., shovs that the term is used in a narrow sense. The terms it uses - "board, commission, department, *ztitution, office" -- generally apply to administrative agencies in the executive branch of government. see. V.T.C.S. arts. 1396-2.23B; 6252-11~; 6252-138; Attorney
a, General Opinion g-1266 (1972). The axpress inclusion of "institutions of higher education" suggests that "state agency" or "other agency of the would ol:terwisc not encompass colleges and univer- state government” sities even thouah these :;nstitucions are in the executive branch of state government. Sea Foley v. Penedict, 55, S.W.Zd 805, 808 (Tex.
1932); Letter Advirq-lE,. 22 (1973). In our opinion, article V.T.C.S.. does not apply to instrumentaiities of government 6252-6~. within the judicial bran&. District courts, srd district and county court clerks are not subject to its prohibitions against purchasing paper supplies and fiiing cabinets in excess of the prescribed size.
The Fiscal Note attached to House Bill No. 756 supports our conclusions. Fiscal Note of May 21. 1985, Bill File for R.B. No. 756, Legislative Raference Library. It states that the change from legal size to letter sire paper would have fiscal implications on these agencies that may need to convert forms designed on legal size paper.
It found no fiscal Implications to units of local government.
If, however, district courts and county and district clerks were subject to article 6252-6c, V.T.C.S.. county finances would probably be affected. The commiss,loners court pays for the stationery and office supplies cf district and county clerks. V.T.C.S. art. 3899b.
$1; see also V.T.C.S. act. 3930(c) (pages of document filed with county clerk must not axceed 8% inches by 14 Inches). The commis- sioners court also has dfscretion to furnish "offices and stationary and blanks necessary in the performance of their duties" to resident district judges. V.T.C.S. art. 3899b, $2; General Opinion O-3899 (1941). The counties composing an admlnistrativr judicial district are required to nav part of the l xnense incurred bv the district In carrying out its duties. Government Code $74.003; sac also District Judge of tl>e 188th Judicial District v. County JudE sg County, 657 S.W.2d?jO8, 909 (Tex. App. - Texarkana 1983, writ ref'd n.r.e.). If the 1eg:lslature intended Rouse Dill PC. 756 to apply to the judicial branch of I;overnmsnt, some fiscal consequences for-the counties would probably h;ive been mentioned in fiscal note.
Eonorablc Kent A. Caperton - Paga 3 (JM-488)
We conclude that the judicial branch of Texas is not subject to article 6252-6c, V.T.C.S., and that district cturts, district court clerks, and county clerks are not subject to it. But see Supreme Court Order Relating to Preparation of Statement of Facts (July 11, 1977). at Tex. R. Civ. Pro<:. 377 (statement of facts must be prepared on 6% inches by 11 inch paper).
SUMMARY Article 6252-,6c, V.T.C.S., which prohibits state agencies from purchasing paper supplies that exceed 84 inches by 11 inches in size, does not apply to the judicial branch of government.
JIM MATTOX Attorney General of Texas JACK HIGHTOWER
First Assistant Goneral
MARY KELLER
Executive Assistant Attommy General
ROBERT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairnan, Opinion Comittec:
Prepared by Susan Garrison
Assistant Prromey Cereral