Case Information
*1 Honorable lbawr H. Baker, Chainsau
stats Board of Coutrol
Austin, 'Texas Opinion Bo. O-3283
Dear Mr. B&err
Re: Authority of the Board of Control to dstsrmine the nssd of an education- al institution to haw printed a stated nuder of hallstins orpublicrtioaa.
You write us @cl follows, "From tims to time, us haa rmII&dW ooming to us fromthe edusatioaal iastitatioas of Taxam, tkm attached file from the Tsxas State Collage for Wsxnon being a typical w,:tiW& they seek to obtain sonseat ofths Stats Board of Control for the purohase af a stated aumber of publications.
"It is no doubtths proviaoe of this Fkmrd to pass onthese requisitions aud to pursue ths regulations prescribed w lair with reference to the manusr of purohase.. There is a question aboub nhsthsr mu have any discretion in deter- Ming whether or not the publications sought to bs purshased by an institu- tion of highsr learning in Tans is nsssssary.
%ll you, thsrsfors, advise us on ths folloriag propositions: s(1) Does the Stats Fbard of Control hare the right, as a matter.of law, to determine whether or not a requisition for the printing of a stated nws- bar of balletins or publications frus an adusaticnal institution is nscss- =arg~
s(2) Do ss havs the right to refuse to grant a requisition for purohase after it has been duly approwd and deliwrsd to us by the oomstituted authorities of an institution of higher learning inthis State?"
Your request requires an examination goner&y as to the possrs con- ferred upon the Board of Control by Statuts. Artiole SO3 of the Revised Civil States defdning the gsneral dutiss of the Board deolarssr "The bard shall administer the laws rslating to ths various dspartments, boards, institutions and public offioers of the Gorsmmeent herein msmed, and perform the additional duties and sxsraise the additional functions provided for inthis title, and may ocaaMne under it the folloxing subdivisions of its works
.-.
Hon. lPeaver H. Balrer - Page 2 (O-5283)
"1. Division of Publio Frinting.
"2. Division of Purohasimg.
"3. Division of Auditing.
"4. Mvisioa of Dssign, Construotioa and maiz+tenanos. Division of gstimates and Anrmpriations.
"5. Mvirion of Eleemo8ymm-y Iartititions.
"6. "7. Aad-moh other ditisions of it8 worka it may fiad neoes- aary in the adaiaistration of it8 dutie8.s Frcm th8 letter of Director Hmphries, of the Dspprtsmnt of Extaa8ion of Texas State College for Women whioh accompanies your request, it ir shown that your inquirJr is based speoifioally upon her request for the print&g of 5000 copies of a bullstin *Hints on How to Live in a Uar Eooa!aqy,s w members of the Texas Stat8 Colle@.for Umssn War Council.
Division8 1 ud 2 of ths-Article 0x8 the one8 most pertinent to your inquiry. Under the Mvsion of eblio Frinting, it is provided that the Board shall oontraot for a tena not snowding t8u years for supplying to the State all printing, Mnding, stationery and supplies of like oharaoter for all depart- ments, institutions and boarda, saw and except saahrork a8 rn#j b8done at the various eduortioral and 018emo8ynary institution8 (Artiole 60'3)) that th Board may establish rul8s and regulations in adwitising for bids for printing and stationery sup lie8 in suohmanner a8 in its judgment wilP best 881~8 the State (A+ols 610 P 2 that the Board shall order eush quantitu of all reports, dooms&s, messages, journals ud law8 to bs published as it may deam neoessarg, not more than 5000 of such reports (Artiole 612). Chapter 3 - Purchasing Mvision - provide8 that the hard shall purchase all supplies used by each departmant of the State govermumt, includingthe Stat8 Prison System, and each el8sldosynary institution, normal sohools, Agricultural and Msohanieal college, Dnivsrsity of Tens, and eaoh and all other State schools or depart- ments of the State gorsnrment heretofore or hereafber oreated (&ticle 634).
The law as a whole (Title 20) areatiag and defining the duties of the Board of Control, points to the legislative intention to make of that body a general oontraotiag agsnay of the State for the dsputmsnts, institutions Pna agencies plaoed under its control, inthe interest of 8x1 obvious sooncssy of Std..%.
There is nothing in the State wtioh, in our opiaia, gives the Board of Control the disorwbion or polrerto revier or revise the determination of an educational insbitutiar, swh a8 the State College for amen, with res- pest to its needs in the matter or mnting, ad to sulmtftuts the Board's disorstion for that of the institution.
Artisle 6.12 of the Statutes, in our opiaicn, doe8 not oonfor suoh authority. It, reads ss follonsr "The Board shall ardor such qurptity of all reports, doo~ents, messages, journals and laws to be published as it may deem nesessary, nor mor8than 5000 of suohreports." *3 Hon. Wsawr H. Baker -- Page 3 (05283)
This the oodified (1926) Artiole as it ~18 taken from S6otj.o~ 6 of Rou66 BLll l&8 78 of the Second called Session of the 36th Legislature (1919). An exllination of H. B. Ro . 76 will show indisputably that the Sea- tioa pertained to the printing of legislatiw matters. Thus, in Sootion 17 of the Rl.11 it was deolaredr
"t!h% whole number of such laws and journals, reports of public officers and other public doawsents authorised to be printed Shall be deliwred to the Secretary of State, at hi8 offioe, exoept such printing as may b8 ordered w the tsu hou86s of the Lsgislature, or either ofthsm, for their use, which shall be delivered to suohpersons at suoh tdmes 88 such hOu868 or either of themmay direct."
The reports oontemplated in the quoted article are the deparhnental reports referred to in Article 5446 of the Revised Civil Statute8 -- last line. There is no reason to hold that the Seotioa (now Article) has a differ- ent meaning fromthat originally intended by the Legislature.
If we consider Artiole 612, howsver, independently of its origin -- merely as a part of the general statutes regulating the Board of Control -- we hold that the requisition from the Texas State College PO: Waaaa, shiah you stats is a tvpioal ease, giving rise to your inquiry, does not came with- in the SOOpe of the &-tiClS.
Clearly, the requisition does not call for the printing of any report, message, journal, or law to be published, pnd it remains only to be SSSP if the jubjeot matter of the requisition is a "doomnent," withinthe meaning of that Art&ale. Ik, hold that it is not.
The word "documents is, of course a word of wry great latitude, and is capable of different meanings, aooording to the context in which it is used. In the present oonneotion the word is used as a legal or official in- strument and not in the ultra liberal ssnse of an evidentiary instrmnent merely.
Words -- like people - are known by their associates -- moscitur a sooiis. The word "docrmrents" is here used in connection with the words - "reports," "messages," sjournals," and slaws," to be published. All of these words, with which the word 'dooumemts s is associated, indisputably ars mrd8 of legal import, and so the.word "dooumsnts" must be given the similar msu+ ing.
The Director's request for a requisitioadenasi8tates the instrU8snt to be printed a %ulletia.s This is perhaps a8~aoourate a designation as could bs made, though of oourse the desigatation given by the Dire&or is not at all oonolusive of the real nature ofthe instrImu3nt. Other nozds might. 8i.th equal propriety, have bssn used, such as "booklet,' "pamphlet," "bra- ohure," and the liks~
Hon. E&aver Baker -- Page 4 (O-6283)
Whether or not general power to rsvisw or rwise the acts of depart+ msnts, institutions, or agencies of the Gowrmsent ia such matters should be oonferred upon the Board of Bntrol is entirely a thing of legislatiw concern.
Statutes defining powers of officer8 Pd~rm~ntalagsnts ars alarays stristly oonstrued against the sxistana of a power, and not in favor of it, unless the intention to delegate such poprsr is clearly shosn. (34 'lbx. Jur. p. 443, sec. 68).
Rhsther or not there exists a remedy for a situation, where a dep artmsnt or institution abuses its disoretioa or exceeds its powsr, as to the necessity for printing or supplie8,ne need not to decide. Hs merely hold that such remedy, if one available, is not the rwiswing power of the Board of Control. The discretion and responsibility in suoh matters is to bs lodged scsnewhere, and just where it is lodged must bs found in 80816 statute.
ATTORNEY GEEEBAL OFTEXAS By /s/ Ooie Speer 0018 Speer Assistant APPROVED MAY 14, 1943
/*/ Grover Sellers
FIRSTASSISTAET
ATlOREEYGEBERAL
OPINION CXXdMIT'IEE BYBVfB os-?a*gn
Chairman