Case Information
*1 The Attorney General of Texas Febmary 21. 1986
JIM MATTOX
Attorney General Mr. Max-An J. Tltzmu~ opinion No. Jn-445
Supreme Court BulldIng Executive Director P. 0. Box 1m Texas Surplus Property Agency Re: Whether the Texas Surplus A”stin. TX. 78711. 2543 P. 0. Box 8120 512l4752501 Property Board may make purchases Telex wom7413S7 San Antonio. Texas 78208 from the trust fund created by Telecopier 5121475aS8 article 6252-6b, V.T.C.S., without
approval by the State Purchasing and General Services Commission 714 Jackson. Suite 700 oauel* TX. 752024506 214R42-S944 Dear Mr. Tltxman:
You ask whctht?lc purchsees by the Texas Surplus Property Agency 4S24 AIberIa Ave.. Suite 180 which are paid foi Erom its Service Charge Trust Fund are subject to El Paso. TX. 79905.2793 purchasing and appz,oval procedures of the Starr Purchasing and General 915633-3484 Services Commissior. under article 601b, V.T.C.S.
1001 Texas, suite 700 Section 3.01 oE the State Purchasing and General Services Acr, HOUI~M). TX. 770029111 codified as srtlcla: 601b, V.T.C.S., provides in pertinent part, that 7131223-5886 (a) %a [State Purchasing and General Services SW Broadway, Suite 312 Commissions] shall purchase, lease, rent, or other- Lubbock, TX. 79401-3479 wise acquire all supplies, materials, services, 8081747-5238 and equipment for all state agencies, except for serial rend journal subscriptions for libraries 4309 N. Tenth. Suite B operated as a part of university system or MeAllen. TX. 78501~lSS5 institutions of higher education. . . . (Emphasis 512m24547 added).
200 MOhl Plaza, sutte 400 Section l.OZ::!) of article 601b defines a “state agency" to ssn Antonlo. TX. 782052797 include any depart,ment. commission, board, office, or other agency In 512/225-4191 the executive branch of state government created by the constitution
or a statute of this state. In our opinion, the Texas Surplus Property Agency, created by article 6252-6b, V.T.C.S., is a state An Equal OppOrtU!Iit,‘l agency within that definition. As such, the Texas Surplus Property Affirmative Action SmPloYer Agency is subject to the applicable provisions of article 601b
relating to the purchase of supplies, materials, services, and equipment unless ,%n exception has been made by the legislature. Cf. Attorney General @inion MW-177 (1980) (Higher Education Authority G an agency in cxec~a:ive branch of state government and, therefore, not subject artlclo 601b). *2 Narvin 3. Titzmak - Paga 2 (JM-445)
Where the legislature ,mskes no exception the provisions of a statute, the presumption is that it intended no exceptions. It is well settled that exceptions in statutes are not ordinarily implied.
See Spears v. City of San Antonio, 223 S.W. 166. 169 (Tax. 1920); sbbs v. Lowrey's Heirs, -253 S.W.2d 312, 313 (Tex. Civ. App. - Eastland 1952, writ ref'd n.r.e.).
Section 3.02 of article 601b expressly limits the State Purchasing and General Selvlces Commission's purchasing authority.
Such authority does not exttmd to purchases
(1) for resale;
(2) for auxil::ary enterprises;
(3) for organized activities relating to instructional dep,srtmeuts of institutions of higher learning ttud similar activities of other state agencies; 01:
(4) from gifts or grants other than federal grants.
Section 4(g) of article 621;2:-6b expressly grants an exemption to the Texas Surplus Property Agemy from the provisions of sections 8.01 - 8.10 and 9.01 - 9.15 of article 601b, which provisions relate, respec- tively, to accounting for state property and to surplus and salvage property of the state. Article 6252-6b contains no exewption for the Surplus Property Agency from the provisions of article 601b that relate to the purchasing of supplies, waterials, services, and equip- ment for all state agencies.
Neither of the acts :ln question contains a specific exemption applicable to purchases mde by the Surplus Property Agency or to purchases that are paid from the agency's trust fund. Cf. Attorney General Opinion JM-417 (l!@S). Certain provisions of xcle 601b relating to the approval and payment of invoices and purchase vouchers way not be applicable to purchases wade from the agency's trust fund, but we find no indicatiou of a legislative Intent to exempt the Surplus Property Agency frm the applicable purchasing provisions of article 601b. See Attormy General Opinion E-138 (1973) (Board of Control to makepurchases paid from Architects Registration Fund No.
109); M-1067 (1972) (no provision in statute that would exempt Legislative Property Tax Committee from requirement that purchases be wade by Board of Control under prior purchasing act -- i.e.. srt.
664-3. V.T.C.S.). Cf. V.T.C.S. art. 4442c, §6C(j), (where legislature expressly providesthat State Purchasing and General Services Act (article 601b) does not apply to payments wade from the nursing home trust fund by a trustee operating a nursing home).
r- Marvin J. Titman - Page 3 (Jh-443)
I
SUMMARY Purchases of t:upplies, materials, services and l quipeent by the Isxas Surplus Property Agency are not l xenpt from epplicable purchasing provisions of the State Purch,ssing and General Services Act.
Very ruly your , J+.-JJL
. JIM HATTOX Attorney General of Texas JACR HIGETOWER
First Assistant Attorney Gen,sral
MARY KELLER
Executive Assistant Attorney General
ROBERT GRAY
Special Assistsat Attorney General
RICK GILPIN
Chairman. Opinion Comittee
Prepared by Nancy Sutton
Assistant Attorney General