Case Information
*1 GBRUD c. Au8rrus 11. -
Mr. Tan C. King
State Auditor
Austin, Texas o&ion No. O-550
Doar Sir:
Ret Appropriation Bill 45th Lsgis- rati+, 1957, Sec. 2(a) - Institu- tG~'Reoeipts -- Board of Con-km1 pruohaseo.
;*
Ik~hns'your latter OiXovember 9, 1929, requesting aa opiaion
upont;he follorrlng~qu&i~mr~
"(1) Is fhe~'re&imnmt that supplies md equip- &t-f& &oh ltitittiti6ak 'be'w&aa6d througkthe Board of Eontro~,equally applicable fo saoh purohases .a8 ars @aid.for out oft ~~tutlonal~moeipts, under the l utbori* of~eaid~‘S&tion 2(a) ofths App?opriation bt? ,- : ~'
'"(2) In the~~e&eptlon to .that ~Yequirameat, mlat- ing to-*@r$atly perishable gOode*; the only exaeption non-in fo~pe, other Fan eat~++red of in the next qwstlon?
*(S) Does %he la& aeatenoe of said Subseotion 15 in the appmprtitioa Aot serve tot& suoh institutions out bf its operation totha ertent that they am thereby Qppowered~to ooatraot for pririting and stationery to be used for adminietratiw purposes, and not to be used or prOOeSS8d In anyway by+leJir owa printing p1ant?" .~.~. . .
We lug to advise that gour firat.questioa rhould be ansmured -yes." .,. _ -
Sootlon 2(h) of the Gelleral Apqropriation 4ot (46th Leg., Goa. 8,s. p. 94%) doolareaa'. .c. ~~"That~all~luian6e~ laths in6tifutional punds of
ths sewral~Stato'institutions nPmod~ ln this Aot, at the 'ObSii OT the fisoal y8W endiag~Au@,u& Sl, 1937, iaoludfag balanoos in their revolving funds at that time, and the entire inoome to said funds during each of the tw fisaal ysars~ ending August 31, 1929, and August 51, 1929; which are not otherwise appropriated for either or both of said~fiscal years are herehJr *2 Hon. Tan C. ging, Page 2 (0450)
appropriated for the support,~maintwnanoo, oper- ation, and improvsment of said &ate institutions during sash of the said fisoal years, respectively." Article 624, R.C.S., declares:
"The Bard of Control shall Rwohase all the supplies used by each Department ofthe &ate Govorn- smut, including ths State Prison System, apd eaoh eleamosynary institution, Emsal sohool, Agrioultur- al and Msohanioal College, University of Texas, and each slid all other State Sohooleor Deparbpents bfthe State Go&meat heretofore orhereafteroreated.
Suoh rrUpP1ieS to dnoludo furniture and PMmes, teoh- :‘. nisalinstruments aod.Imaks, andall other things
required bythedifforent departments or institutions, exospt striotly perishablo goods."
Art1010 642 further providee: .
Vho Board shrllooafrpatf~r~1supplios,melc ohandise and artiolos of everyddesoription needed for the ~<e&noa and op&atioii of &oh institutions, oxoept those supplies designated as $srishaUe, and c supplies of a special oharaotor, a8 books for libraries
and supplies for tho labsratoriee and laboratory nork and inati%mtioa, and rqg spso3al supplies for iaetruo- tion, damon8tratioa and rosoaroh for oduoatioaal~in- stltutioas, to'bj desd.@iated a's "Speoial 6upplies for Edu~ati&al Institutions.* The Board shall babe its soatraats upon estbnatos to bs f%rnished the RoaH by the superintendents, by the first of AprU of oaoh year, for the entire year.?
Those and other gone& statutes make clear the state polioy that the Board of Coxitrol shall oontraot for the purohase of supplies for our State dopartmoats and institutions whore spesial exeoeptioa is not othersbe made,. __
So that, if Seotion 2(a) of the la& appropriation 4ot oould reasonably reosire the interpr&ation that it nas soatemplated suoh balances should bs expended in puroha808 by institutiona, it muld not require that oonstFwtL&, for~lt muld put the Appropriatida Aot in ooafliot with the general rtatutos ~above quotod, and it is well settledthat an appropriation bill ssnnot repeal or impair the foroe of a general statute.
Bon. Tm C. King, Pags S (o-550)
Your second question should likswise bs answered *yss," for "strictly perishable goods" ars exoeptsd from the provisions of Artiole 654 above quoted.
Subsection (13) of Section 2 of ths Appropriation &at referred to in your question NoJo. 3 is as followsr
"All printing and stationery shall be purohased through the Board of Control aad shall bs confilled to such articles and quantities 6s seleoted and oontraot- ed for by said Board, except said printing provided by lawto bs dolle bp several of the State iastitutlon6. Ho ss0msaod or eagrsxed printing or stationery shall be purchased. This subsostion shall not be applioaU6 to q in6titutioawhi6h operate6 its 01111 printing plant.'
The obvious purpose of this subssstion isto exsspt those State institutions that ars authorized b general law tu print suohthiags, from ths requimmoatthat all printing and stationery for the State dspartmonts and institution6 shall be puPohased~thronghth6 hoard of Csntrol. Itnas not tiaPnt~theieby‘to'aut&riso those institutions emponsrsd to dosuoh printing to make'smtraotfor purchase of printing and 6tatioasryto be usod'for administration purposss and not to bs used or prooossod in any iiay * their own ~prtiing plant. In other lards, theexoeption oontained in'the last sentence of Subseotioc(lS) was meant to authoriso suoh institutions to do printing (as by gsnsral law they haw been authorised) I& not to contract for the purohase of printing and stationerg - this IsIng for ths Board.
very truly yours ATT.OREEYGEEER4LOFlEUS _ OoiS Spear Assistant 0S:UR:egw
APPRQVBD mv 17, 1939
/s/ GERAiD C. ldA?TB
&TTORNBY GEXEUL OF TExhs
Opinion Comittoe z::