Case Information
*1 AUSTIN II. TEXAS GERALD C. MANN
Honorable L. A. Woods
Superintendent of Public Instruction
Austin, Texas
Dear Mr. Woods: Opinion 'No. O-1377
Re: <Sale of state-adopted text books to individuals and non- state schools.
We received your letter of August 31, 1939, requesting our opinion on the following questions:
"(1) Would it be a violation of the law for the State Superintendent to authorize the business manager of a public school system to sell State-adopted textbooks to students other than public schools at the State contract price plus freight charges from the State depository (Dallas) to the point of delivery?
"(2) Is a child or the parent of a child enrolled in t‘ne public schools entitled under U. S. 28766 to buy any n~m- ber of books he or she may desire from the local board of trustees at the regular contract price?
"(3) In the event of such purchase is the State Superin- tendent of Public Instruction bound to honor a requisition of such local board of trustees to make up the deficiency in its supply occasioned by its sale of such books to such purchasers?"
In answer to your first question, we find that Article 2871, Revised Civil Statutes of Texas, specifically provides for the sale of textbooks, in that the statute reads in part, as follows:
"All parties with whom book contracts have been made shall establish and maintain in some city in the State a deposi- tory where a stock of their goods to supply all immediate demands shall be kept...Any person, school not controlled by the State, or dealer, in any county in the State may order books from the said State agent, or depository, and the books so ordered shall be furnished at the same rate and discount as are granted to the State; provided that in *2 Hon. L. +. woods, page 2 O-1377
such case the State depository, or agency may require that the price of books so ordered shall be paid in advance...” ArtidLe 2873, Revised civil statutes, provides that:
“Books shall remain the property of the State, and after purchase through requisition according to the provisions of this Act, shall remain in the charge of the dlRtrlct school trusteea as the legal custodians of the books.. . .‘I ,?.rtScle 28764, Revised Civil Statutes, reads:
. ..Any book may be purchased from the State clepository designated by the contractor holding the contract for Bald book, by State institutions, or by private schools, or church schools, such purchace to be maab on the same terms as those giVen to the Stat@ for the same book.. . .I’ The provisions set out above reveal that it would be a viola- tion of the Act for the State LSuperintenaent to authorize the bwiness manager to sell state-adopted textbooks to students of other than public schools since it is provided that books she’ll remain the property of the state and in the charge of the district school trustees. Sale of the books has been provided for by statute anu may be sold only in .the manner set out In the 33.
Article 2876~1, Revised Civil &Statutes, providing for the purchase of book& by parents or pupils., reads as foll.Own:
‘!Books may be bought from the local boards of trustees by pupils or parents of pupil s attending the public schools of the State, said board to fumi3h the books at the retail contract price.. . . .”
,!.:.,nce the purc’nase of books frcm the locaL boards of’ trustees i.;; strictly llmited to pupils, or parents of pupils who are attending the public schools Gf the State, the abGve Act can be properly construed as meanin$ a reasonable number of books required for the pupils’ own use. Since free textbooks are fur- nished to all pupils in regular attendance in publlc schools, It ii; apparent that this prcvlsion wa s inserted 80 tha.t some adjust- ment or reimbursement cou:d be made for lost hocks.
Xn view of our answer to your first end Second quectlons, your third question does not require an answer.
APPROVED SEPT. 9, 1939 Yours very truly GERALD C. M.&NN