Untitled Texas Attorney General Opinion

f, - R-838 E NEY GENERAL EXAS October 16, 1947 Hon. L. A. Woods State.Superintendent of Public Instruction Department of Education Austin, Texas Opinion No. V-407 Re: Authority of State Board of Education ‘to award textbook contracts to a pub- lisher who proposes to supply one text- book bound in two volumes. Dear Sir: We refer to your letter of recent date where-~ in you request an opinion of this office relative to the authority of the State Board of Education in awarding textbook contracts,and wherein you submit the following specific questions: “(1) If a publisher’s bid proposed to sell a basal book for use in the elementary grades bound in two volumes, rather than one, would the bid, If otherwise in conform- ity to the statute, be invalid or illegal because the proposal was to furnish a book bound in two volumes? “(2) If a publisher’s bid proposed to sell a book to be included on the multiple list for use In the high schools, the book to be bound In two volumes rather than one, if the bid otherwls@ complied with the law, would it be invalid or illegal because of the proposal to furnish a book bound In two volumes? "(3) Does the statute prohibit the State Board of Education’s awarding a con- tract on a bid where the publisher proposes to supply one book bound in two volumes, rather than in one volume?” .. Eon. L. A. Woods, Page 2 (V-407) The primary question involved concerns the authority, if any, of the State Board of Education, acting under the provisions of Article 2675b-5(e), and Articles 2842 to 28763, V.C.S., to enter a con- tract for a textbook which is comprised of more than one volume. Under Article 2843, as amended by S.B. 215, Acts of the 50th Leg., R.S., 1947, the Board of Educa- tion is authorized to seleCt and adopt a uniform sys- tem of basal textbooks to be used in the elementary public free schools of Texas covering the certain subjects listed therein. Said Board is further au- thorized by said statute and Article 2844a, V.C.S., to adopt a multiple list of basal textbooks covering certain designated subjects to be used in the public free high schools of this State. Article 2844 au- thorizes the Board to adopt supplementary readers and other supplementary books for the first seven grades and provides, also, that no supplementary books as distinguished from basal textbooks shall be purchased and used to the exclusion of the basal books prescrib- ed under Article 2843. The Legislature has not defined the word 'Textbook" as used in Articles 2842 to 28763, Inclusive. We believe, therefore, it is Intended that 'textbook" should be construed in the sense it is ordinarily used. A. G. Opinion Bo. O-2400. Webster's New International Dictionary, Sec- ond Edition, unabridged, defines "textbook" as follows: "Originally, a book on which a teacher lectures or comments; hence any manual of Instruction; a book containing a presentation of the principles of a subject intended to be studied by the pupil and ustd as a basis of instruction by the teacher. True, this definition seems to limit the word "textbook" as being one book, a single volume; but in the larger and ordinary sense, we believe that a "text- book" on a particular subject designed to be studied and used as a basis of instruction means the book, or books, or the organic literary work prepared and submitted on the subject it proposes to cover, be it bound In one or more volumes. Conversely, a textbook bound in a single volume may contain several books;,towit, the Bible. Text- book" In this larger sense and in the sense ordinarily used refers not merely to a specific object called a Hon. L. A. Woods, Page 3 (V-407) book which can be held In one’s hand, but means an as- sembly or concourse of ideas on the subject expressed in words, the subject matter of which may be embodied in one or more volumes. Article 2848 provides that the Board of Edu- cation shall adopt those textbooks, basal and supple- mentary, which, in the opinion of the Board, “are most acceptable for use in the schools--quality, mechanical iE;;ruct$on, paper, print, price, authorship, literary an other relative matters being given BuCh weight in making its decision as the Board may deem advisable” and no textbook shall be adopted until it has been read carefully and examined by at least a majority of the Board. By virtue of this statute, the Board could properly consider the practical prob- lems of distribution arising from its adoption of a textbook which comprises more than one bound volume. Furthermore, there is nothing in this statute nor in any other brought to our attention which would pro- hibit the Board from adopting and entering a contract for a textbook on an authorized subject merely beoause it 2s offered or bound in more than one volume. Accordingly, our answers to the above submitted questions should be, and are, in the negative. SUMMARY The Board of Education, acting under and In aocordanee with the provisions of Article 2675b-5 (e), and Articles 2842 to 2876j, inolusive, V.C.S., has discretionary authority to adopt textbook.s,basal and supplementary, on authorized subjects which comprise more than one bound volume. Very truly yours APPROVED : ATTORNEY GENERAL OF TEXAS T ASSISTANT ATTORNISYGENlWAL Chester E. Olllson Assistant CEO/djm/JCP