*1 Honorable Jim Bates, Chairman opinion No. t+ 1067 Legislative Property Tax Committee

105 West Riverside Drive Re: Whether the provisions of Austin, Texas 78704 Article 664-3, Vernon's

Civil Statutes (State Pur- chasing Act), apply to the Legislative Property Tax Committee created by Article Dear Senator Bates: 7100, Vernon's Civil Statutes.

Your request for an opinion on the above subject matter asks whether the Legislative Property Tax Committee is required to purchase supplies, materials and equipment through the State-Board of Control or whether the Legislative Property Tax Committee may make such purchases itself.

Senate Bill 414, Acts 62nd Legislature, R.S. 1971, Ch. 221, page 1063, amends Article 7100, Revised Civil Statutes of Texas, 1925. Section 1 of Article 7100, as amended, creates the Legislative Property Tax Committee. Subdivision (f) of Section 3 of Article 7100, as amended, provides:

II . . .

"(f) The Committee shall have power and authority to expend its funds, hereinafter pro-

vided, to employ and compensate all necessary

consultants, investigators and other personnel,

to contract for materials and services as re-

quired and to pay travel, telephone and other

official expenses approved by the Committee."

Section 5 of Article 664-3, Vernon's Civil Statutes, as amended by Senate Bill 373, Acts 62nd Legislature, R.S. 1971, Ch.

57, page 109, provides in part:

"Sec. 5. The Board shall purchase all supplies, materials, servrces and equipment used by each *2 ,

department of the State government, including

the State Prison System, and each eleemosynary

institution, Teachers College, Agricultural and Mechanical College, University of Texas, and each and all other State schools or departments of the State government heretofore or hereafter created, such supplies to include furniture and fixtures,

technical instruments and books, and all other

things required by the different departments or

institutions, including perishable goods. . . ." (Emphasis added).

Subdivision (c) of Section 3 of Article 6~64-3, Vernon's Civil Statutes, defines "Department of State Government" as follows:

"(c) The term 'Department of State Govern- ment' includes only departments and agencies of

the type heretofore required to make purchases

through the Board of Control. River authorities,

conservation and reclamation districts, and other political subdivisions created by the Legislature

are not required to purchase through the Board

of Control unless some other statute specifically

requires it."

We find no provision in Senate Bill 414, Acts 62nd Legisla- ture, R.S. 1971, which exempts the Legislative Property Tax Committee from the provisions of Article 664-3, Vernon's Civil Statutes. YOU are accordingly advised that purchases of supplies, materials and equipment by the Legislative Property Tax Committee are to be made through the State Board of Control pursuant to the provisions of Article 664-3, Vernon's Civil Statutes.

SUMMARY Purchases of supplies, materials and equip- ment by the Legislative Property Tax Committee

are to be purchased through the State Board of

Control pursuant to the provisions of Article

664-3, Vernon's Civil Statutes.

ey General of Texas *3 . Prepared by John Reeves

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Kerns Taylor, Chairman

W. E. Allen, Co-Chairman

Malcolm Quick

Max Hamilton

Rex White

Marietta Payne

SAMUEL D. MCDANIEL

Staff Legal Assistant

ALFRED WALKER

Executive Assistant

NOLA WHITE

First Assistant