AUSTIN. TEXAS 7
March 30, 1970
Honorable Robert S. Calvert Opinion NO. M- 601
Comptroller of Public Accounts
State Capitol Building Re: .Interagency contract pro-
Austin, Texas 78711 posed between the Comptroller
and the Attorney General
concerning electronic termi-
nal for use of the electronic
data processing center op-
Dear Mr. Calvert: erated by the Comptroller.
Your request for an opinion reads as follows:
"Thank you for your letter-of March 10
relative to connecting a terminal in your of-
fice to my,,.computer.
YSince the passage of the Interagency
Cooperation,Act this office has held a de-
partment may not buy equipmentnot needed by
the department but used solely.to perform a
contract,with another department.
"So there ,may be no questionof reim-
bursement to,the Comptroller,under an Inter-
agency Contract with you, (assuming Board of
Control approval), I requestyour official
opinion if the Comptroller may be paid under
each of the,following:
"J,
W The Comptroller contracts with a
third party to system design, program, test,
and the documentation necessary to the op-
eration of your terminal, none of such serv-
ices necessary to the operation of the Comp-
troller's.Department.
"2. Xhe Comptroller's staff does the
system design,,programming, testing and
documentation 'necessary for the~operation of
your terminal, none of such services necessary
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. .
Hon. Robert 6. Calvert, page 2 (R-601)
to the operation of the Comptroller's De-
partment.
"3., The Comptroller increases its rental
contract with IBM for devices added to~its com-
puter configuration, neceesary:to handle the
additfon:.ofyour terminal/such devices not
necessary tomthe,operation of the Comptroller's
Department.
"4. The increased charges by IBM on a
System Management Agreementtwhich are due to
the addition of your terminal:,such terminal
not necessary to the operation of,the Comp-
troller's:Department."
Article 6252-12, vernon's~civil Statutes-,reeds as
follows:
!!Promand after the'effective-date of
this,Act every state,agency:wherever practi-
cable shall use the electronic data processing
center operated by the Comptroller of Public
Accounts::knperforming such accounting and
data processing activities of.the agency as
may be practically adapted to the use of
this equipment. 'The Comptrolles~of Public
Accounts~shall permit the use of the central
electronic computing and data processing
center equipment by all other agencies of
the state with or without charge, but under
such rulesY,andregulations~as may insure the
proper use and functioning of'such equipment
for the efficient and economical management
of state government."
Section<,3of Article,4415432). .Vernon's Civil
Statutes.,provides .in part as follows:
".,",iftny.state.agency
may enterinto and
perform a ,written agreementor. contract with
other agencies.of the statefori furnishing
necessary,~andeuthorized,special.or technical
services, including the services ~of employees,
the services of materials, or'the services of
equipment, . . ."
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Hon. Robert S, ~Calvert, page 3 (M-601)
In Attorney General's Opinion M-160 t1967),'it was
held that under the provisions of Article 4413(32) the University
of Texas ,might enter into interagency contracts with the Co-
ordinating Board.,whereby it will furnish the Coordinating
Board at cost certain data processing equipment and services.
Section 41 of Article V of House Bill 2, Acts 61st
Leg., 2nd C.S,~1969 (current General'Appropriation Act) pro-
vides in part as'follows:
II. ,*.* It is the expressed intent of the
Legislature.that,existing.tabulating and data
processing installations of the State Govern-
ment sbald be efficiently utilized through
interagency agreements with State departments
and agencies needing such services, prior to
the expenditure of public.funds for separate
and additional installations:of~euch equip-
ment."
In view,of the foregoing you are advised that the
Comptroller.of Public Accounts and the Attorney General may
enter into interagency contracts as outlined in your request
for the use of certain data processing equipment in the Comp-
troller's office and the Comptroller may be reimbursed at
cost pursuant to Section 3, Article 4413(32) and Article
6292-12.
SUMMARY
The Comptroller of Public Accounts and the
Attorney General may enter into interagency
contracts as outlined in the request for the
use of certain data processing equipment in the
Comptroller's office and the Comptroller may be
reimbursed at'cost pursuant to Section 3, Article
4413(32) land Article 6252-12, Vernon's Civil
Statutes.
n
neral of Texas
Prepared~by~.JohnReeves
Assistant Attorney General
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Hon. Robert S, Calvert, page 4 (M-601)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen , Acting Co-Chairman
William J. Craig
Fielding Early
R. D. Green
Jerry Roberts
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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