Case Information
*1 OFFICE OFTHE ATTORNEY GENERAL OFTEXAS AUSTIN
Dr. J. C. Blair, president
state Board of Ed.uoatlon
Kerens , Texas
into a oan- elcl that the author- R in00 a ormtraot of free textbooks Beara of 3il&lwbt~an have the authorsty t% pre- eorU.be the sta&wBs and spmdf'icatiom for suah binding or reW.n&lng upon vhfoh the oontradt ie to be let; (2) *s tJ1i3 State Bwm¶ of Bluaatton hate the author-Sty to prescribe the amount Of the perfozmawe bond to be %?@Wt;eb w the ~~~kIe~% *2 Dr. J. C. Blair - page 2
Article 606, 11. C. S., in defining the duties of the Board of Control, declareer
*The Board shall contract for a tern of not cxce&irq~ two years with responsible persons, firm, corporations or associations of persons, who shall be residents of Texas, for supplying to the State all printing, biuding, stationery and supplies of like character for all depart~euts, institutions and boards, save aaii except such .+vork OS imy be done at the various educational
aud eleemosyuary iustitutious. Said contract shall be let te the lowest rud beet responsible .bidder after pubHo advertising of such paposed letting fer onm a reek for,Sotir cons%mt*re reeks In at least s.lx xiew3papers of general &roulatiOn in this State. Ho two of su42.ppers shall be @~lish%d In the same oounty. TheEWard may rejeat~andaxl bldsg ther%asenthe&for ?&all be entered in full in.fhe minutes of hulks Board srd shrill be om,to fhe.ins~tion af fhe public at all tlmee. Se8 oonfraots shall be made in the 8808 iaanner as hex%&nbefore provided.* In au opin;lon under date of Catob%r 13, lesl, this department advleed.4on. 8. Yr f* Mehre, State Superlutendeut aadexoffi~I0Searetat-y Stofe.beurdofEdm3ation, thatmder the proq~sions of this Ptiele the statutes oonferred the po8er of rehindkng bookw upan tb.Board of dontrol, and that the State 3eard of Sducatlon sas ofthou such authority.
It has been the unbreken p?aetiee of the Board of Control, so se are advised, to let suah oontraets, Moreover, there is no provIsIon of the statute setting.up any maehiuery or prescribing mlee for l%ttf.ng of such oontraats by t&e. lloard of Education. If the Board of Education has such powers, then, so far as the statute is cBn%%rwd, ft would be author- Ased to make any character of oontract it tight see fit3 that is to say, it is not required to let such oontraot upon p&lie bide or after any manner of sdvsrtisinp; rh8taoe?%r. vharess, the statutes set up complete rulee and regulations for the letting of such contrasts by the Board of Control. 'Xlale erf- dencea the legislative Intention rith respect to sutih contracts.,
So that, upon these considerations, you are adaed that your first question should be ansv%r%d to the effect that the Board of Education has no authority to let a contraot for the rebinding of us%d sfihool 'textbooks, and thatth%Board of *3 \ ‘\ \
P.J.C.Blalr - page 3
Cdntrol has the exclusive authority so to do.
What se have said necessarily answers your f?urther questioos s2" s.d "9".
The matters Eentioned In questions l 2' and l P
.are inci&%nts of the contract itself ami therefore fol- low the right of cordract as a p;rrt thereof, and none of such acts or Eatters mntioned may be done or performxi 80 as to interfere oith the prir&ry authority of the Bourd of Control to enter into such oontraots. These questions are therefore armfered mN~n.
AFPROVDJAN 16, 1940