June 4, 1974
The Honorable Homer A. Foerster Opinion No. H- 319
Executive Director
Board of Control Re: In view of Article
P. 0. BOX 13047 16, 5 21, Conetitution
Capitol Station of Texas, may the Board
Austin, Texas 78711 of Control contract dir-
ectly with a House of the
Legislature to perform
services or furnish
Dear Mr. Foerster: gooda?
YOU have asked us to comment upon the application of Article 16,
8 21 of the Constitution of Texas to interagency contracts between the
Legislature and the Board of Control. Specifically, you have asked
whether the Board, as the performing agency, may enter into inter-
agency contiacte under Article 4413(32), Vernon’s Texas Civil Statutee,
The Interagency Cooperation Act, with either the House of Representatives
or the Senate to furnish labor and materials for one or more of the follow-
ing services:
(1) For furnishings such as construction of custom-made furniture
and other furnishings for legislative and staff offices;
(2) For the mounting and framing of documents, resolutions and
pictures for legislative offices;
(3)For the remodeling and renovating of space occupied as office
space by legislative members and administrative staff;
(4)For the installation of additional electrical service, air condition-
ing, sound barriers, capital outlay equipment, etc., as may be required by
the Legislature to carry out its legislative functions.
p. 1473
The Honorable Homer A. Foerster, page 2 (H-319)
YOU have called to our attention the fact that House Bill 139 of
the 63rd Legislature, the Appropriations Act for fiscal 1974 and 1975,
specifically appropriates to the Board of Control funds “For construc-
tion, repairs, renovations and improvements to the Capitol and other
State buildings, grounds, and properties in Austin for which the Board
of Control is responsible including equipment, materials and labor and
contract services. . . . ” (Item 14, p. 111-43)
At the same time the appropriations to the Senate and to the House
of Representatives authorize expenditures for “capital outlay, building
repair and remodeling. ” Article 16, $ 21 of the Constitution provides:
All stationery, and printing, except proclama-
tions and such printing as may be done at the Deaf and
Dumb Asylum, paper, and fuel used in the Legislative
and other departments of the government, except the
Judicial Department, shall be furnished, and the printing
and binding of the laws,’ journals, and department re-
ports, and,all other printing and binding and the repqir-
ings of the Legislature and its committees, shall be per-
formed under contract, to be given to the lowest respon-
sible bidder, below such maximum price, and under such
regulations, as shall be prescribed by law. No member
or officer of any department of the government ahall be
in any way interested in such contracts; and all such con-
tracts shall be subject to the approval of the Governor,
Secretary of State and Comptroller. (emphasis added)
Article 4413(32) generally provides in ite $3 that state agencies may
contract with each other “for furnishing necessary and authorized special
or technical services, including the services of employeea, the services of
materials, or the services of equipment. ‘I That section, however, concludes
with the provision:
Provided, however, no agency shall supply any
services, supplies, or materials to another agency
p. 1474
The Honorable Homer A. Foerster, page 3 (H-319)
which are required by Section 21 of Article 16 of
the Constitution of Texas to be supplied under con-
tract given to the lowest responsible bidder.
We are of the opinion, therefore, that your question must be answered
that, insofar as the specific services about which you inquire are within the
scope of 5 21 of Article 16 of the Constitution, they may not be performed by
the Board of Control under a contract with either House of the Legislature
under Article 4413(32), V. T. C. S. However, since the constitutional pro-
vision refers to “furnishing the halls and rooms used for the meetings of
the Legislature and ite committees” it would seem to us that, to the extent
that the repairing, remodeling and furnishing called for in paragraphs (1)
through (4) of your letter relate to legislative and staff offices not used for
meetings of the Legislature and its committees, such may be furnished under
the Interagency Cooperation Act.
It is our further opinion that, insofar as the work to be performed in-
volves “the repairing and furnishing the halls and room8 used for the meet-
ings of the Legislature and its committees ” that work must be performed
under a contract to be given to the lowest responsible bidder.
However, from the description of the work given to us in the request,
we would be of the opinion that it could be carried out by the Board of Con-
trol under its own responsibilities without doing violence to Article 16, ! 21
of the Constitution.
SUMMARY
While the Board of Control may not contract with
either House of the Legislature under Article 4413(32),
V.T.C.S., for the repairing or furnishing of rooms
used for meetings by the Legislature and its committees,
it may provide labor and materials for furnishing, remod-
eling, and repairing office space for legislative members
and staff not used for meetings of the Legislature or
committees of the Legislature.
//Attorney General of Texas
p. I475
The Honorable Homer A. Foerster. page 4 (H-319)
LARRY ti k
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‘AL+, -.<& ,/a
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1476