Untitled Texas Attorney General Opinion

OFFICE OF THE A7-l.ORNEY GENERAL OF TEXAS AUSTIN G*O”ERSELLERS &l-rORNIY GlNIRAL Lononble L. A. Woods state Superintendent Department of Education Austin 11, Texas sear Ljir: Opinion X0. O-7297 wnich have *'ohave your lat Article 2858, Sevised Stat erence is made, readr hoa the contracts have liah and maintAn in some depoaitory where a atook of ly all imnediate demanda shall contractors not maintaining their ual or separate St&e agencies or de- shall meintain a joint aeency or ory to be located at IIIDI(H suitable and co&enient distributing point. Any pereon, dealer or school board in any county in the &ate my order fro,:1 the central depository; pmvided that honorable i. A. Woods, Page 2 the price of baoko a0 orderad aim11 be psid in advance. Upon the failure of any aon- tractor to furni8h the books a8 provided in the aontrrct arLdin tLis Act, the aountp judge in the county wherein suoh book8 have not been furnished map11 report tha feet to the Attorney Cenerel, and he ehall brfng 8uit on amount of 8uch failw in the name of the State of Texas in the di8trict aourt of Travis County, 8hd shall reaover on the bond given by 8uah aontraator for the full value of the books not furnished aa required, ahd in addition thereto the sum of one hundred dollara, ax&dlaoh day of failure to fuamisn the books shall son- stitute a 8eparrte offense, and the amount8 80 recovered shall be placed to the andlt of the available 8ahool fund of the SCate. Any un- orgnnlsed county shall be f:lmished from the same agency aa the county to whi4h urid ua- orgenfred county I8 atteohed for judioial pur- po8es In the 8ame mennet a8 8uuh organl8ed couaty'.= Howevar, Artiole 2781 of the gevi8ed Statute8 of 1925 also pertains to the saue inatkr; thlr article has been amended sinae the 1925 revision (Ch. 213 Acta 40th Leg.) but the amendment did not change the foliowing language p4rtinent to your queetfonr "All parties with utiombook contraot8 have been mad4 rhall establish and maintain in some city in the State a deporitory where a stoak of their good8 to supply all invsediato demand8 ahall be kept; all oontraatorr no8 malntainln~ their own individual or 8epahte state agenoies or depoaitorles r-11 mninti a joint ag4nay or depository to be loaated at ma4 euitabla and comveniant dlrtributing point, at which gen+rel d4pository sach uontraator joining in aaid agency &all keep on hand a sufficient atook of book8 to supply the 8ohool8 of the State . . . ." ../ 386 Honorable 2. A. Hoods, Page 3 As the two etstut48 r4lat4 to the same 4ubje4t matter, they must bs construed toge8her; any inaonrirten4y between the two mst be resolved by the provisions of Article 2781 2s aolended a5 it is tne latest 4xpr4ssion of the lefislature. Tno purpose of the statutes obviouely wes to 4441~4 the sc,iutenahcein this State by textbook con- qrastors of n stoak of books to supply th4 immedisto de- mands of the 6Ch9ols. Thor the statute pemita them to do by maintsining either separate depOSitOri48, or joint do- pOSitori4S. The ntatut48 do not prescribe the loaation of these dopoaitori48. Under the statutes, oertain aontractora could maintain their depositary in 0~x4aity in this State as a distributing point, others could saintain a joint deposi- tory in anoth4r city, if they desired to do 8o, and others in still a third city. Nor do we read 8he statutes as preventing main- tenaaoe of more than on4 joint depository in a rirp;le4lCy in this State. Art1418 2781 tiOU8 tim aoatraotor co main- tain 8 repamte dopo8itory, or te aaintain 4a joint agenoy or depO8itOry to bs located at 80144 atiteble and oonvenieat distributing point, at uhicn general depository eaah aon- traotor jOi,ninf? in Said an4ncZ Shall keep on hand a StIffiOieXIt stoak Of books to au ply the 8UhOOlS Sf th4 State.4 liethink ed with by maintaining a depoaftory, the atetut% is compli: either separetely, or in combinotiou with oth4rs, whereat the requiSit4 8toak Of books 18 kept,on deposit in this State. Hed the le~isleture intended to limit th4 number of joint b4po8itorie8 to a sin@e unit, it would have been neaessary for it to designate where and what rhould eonatltuto such depoaitoq, or to aut.;oriseImae on4 0184 to do SO. Tha statutes do neither, ,,L.c,, The practioal constructionsof th4 statutes un- broke@& date supports the aonolutiionthat no single joint depository ir required. We are &formed that in eddition to the sevarbl individual depOSitariO8 maintainad by OurrOnfr textbook aontractor8, there are pr44sntly two "joint dOpO8i- toriesv lowted in Dallas. One, the Hugh Perry Leposit0ry, 387