Dr. John Kinross-Wright, M.D. Opinion No. ~-316
Commissioner, Texas Department
of Mental Health and Mental Retardation
Box S, Capitol Station
Austin, Texas Re: Whether the Board of
Control can purchase
drugs, equipment and
fixtures for community
mental health and mental
retardation centers
established under Article
5547-203, Vernon's Civil
Dear Dr. Kinross-Wright: Statutes.
Your request for an opinion reads as follows:
"Pursuant to authority contained in Article 5547-203,
Texas Civil Statutes, approximately ten connnunitymental
health and mental retardation centers have been established
in this State and are receiving grants-in-aid from the
Texas Department of Mental Health and Mental Retardation
pursuant to Article 5547-204, Texas Civil Statutes. If
these community centers could purchase drugs, fixtures,
and other necessary equipment through the Board of
Control it is felt a great deal of their financial resources
could be saved.
"Wherefore, your opinion as to the authority of the
Board of Control, under the State Purchasing Act of 1957
being Article 664-3, Texas Civil Statutes, to purchase
these supplies for these community centers is respectfully
requested."
Article 664-3, Vernon's Civil Statutes (State Purchasing
Act of 1957) is an act prescribing the method to be used by the
State Board of Control in making purchases of supplies or
-1538-
Dr. John Kinross-Wright, page 2 (M-316)
materials for certain agencies of the State of Texas.
Section 5 provides:
"Sec. 5. The Board shall DurchSSS all supplies,
materials, services and equipment used bv each Depart-
ment of the State Government,including the State
Prison System, and each eleemosynary institution,
Teachers College, Agricultural and Mechanical College,
University of Texas, and each and all other State Schools
or Dewrtments of the State Government heretofore or
hereafter created, such supplies to include furniture
and fixtures, technical instruments and books, and
all other things required by the different departments
or institutions including perishable goods. The Board
is given legal authority to delegate purchasing functions
to agencies of the state. Purchases of supplies, materials,
services and equipment for resale, for auxiliary enter-
prises, for organized activities relating to instructional
departments of institutions of higher learning, and for
similar activities of other State Agencies, and purchases
made from gifts and grants, may be made by State Agencies
without authority of the Board. The Board shall purchase
all motor vehicles used for transporting school children,
including buses, bus chassis, and bus bodies, tires and
tubes, for school districts participating in the
Foundation School Program as provided by Chapter 334,
Acts Slst Legislature, Article V, Section 3. The Board
may also provide for emergency purchases by any Depart-
ment or institution and may set a monetary limit on the
amount of each emergency purchase." (Emphasis supplied.)
The phrase "Department of the State Government" is defined
in Subdivision C of Secticm 3 as follows:
"The term "Department of the State Government"
includes only departments and agencies of the Woe
heretofore required to make purchases throush the
Board of Control. River authorities, conservation
and reclamation districts, and other political sub-
divisions created bv the Lesislature are not required
to purchase throuqh the Board of Control unless some
-1539-
Dr. John Kinross-Wright, page 3 (~-316)
other statute specifically requires it." (Emphasis
supplied.)
A community mental health and mental retardation center
is defined in Section 3.01 of Article 5547-203, Vernon's Civil
Statutes, as follows:
"Community centers
"Section 3.01 (a) One or more cities, counties,
hospital districts, school districts, rehabilitation
districts, state-supported institutions of higher
education, and state-supported medical schools, or
any combination of these, may cooperate, negotiate,
and contract with each other through their governing
bodies to establish and operate a community center.
(b) As used in this Act, a "community center"
may be:
(1) a community mental health center, which
provides mental health services: or
(2) a community mental retardation center, which
provides mental retardation services: or
(3) a conununitymental health and mental retardation
center, which provides mentalhealth and mental retardation
services."
In view of the provisions of Section 3.01 of Article 5547-
203 above quoted, it is our opinion that such community health
center is not a "Department of the State Government" and does
not fall within the definition of "Department of the State
Government" within the meaning of State Purchasing Act of 1957.
You are therefore advised that the State Board of Control
is not authorized to purchase supplies for such community
health centers.
-1540-
Dr. John Kinross Wright, page 4 (K-316)
SUMMARY
State Board of Control under the provisions
of Article 664-3, Vernon's Civil Statutes (State
Purchasing Act of 1957) does not have the authority
to purchase supplies for Community mental health
and mental retardation centers established pursuant
to the provisions of Article 5547-203, Vernon's
Civil Statutes, since such centers are not "depart-
ments of the state government" within the meaning
of Article 664-3.
truly yours,
orney General of Texas
Prepared by: John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
Malcolm Quick
Jay Floyd
Robert Darden
Rex H. White
A. J. Carubbi, Jr.
Dtecutive Assistant
-1541-
,.. .,. .