OFFICE OFTHE ATTORNEY GENERAL OFTEXAS
AUSTIN
Dr. J. C. Blair, president
state Board of Ed.uoatlon
Kerens , Texas
into a oan-
elclthat the author-
R in00 a ormtraot
of free textbooks
Beara of 3il&lwbt~an have the authorsty t% pre-
eorU.bethe sta&wBs and spmdf'icatiom for suah
binding or reW.n&lng upon vhfoh the oontradt ie
to be let; (2) *s State Bwm¶ of Bluaatton
tJ1i3
hate the author-Styto prescribe the amount Of the
perfozmawe bond to be %?@Wt;eb w the ~~~kIe~%
Dr. J. C. Blair - page 2
Article 606, 11.C. S., in defining the duties
of the Board of Control, declareer
*The Board shall contract for a tern of not
cxce&irq~ two years with responsible persons,
firm, corporations or associationsof persons,
who shall be residents of Texas, for supplying to
the State all printing,biuding, stationeryand
supplies of like character for all depart~euts,
institutions and boards, save aaiiexcept such
.+vork OS imy be done at the various educational
aud eleemosyuaryiustitutious. Said contract
shall be let te the lowest rud beet responsible
.bidderafter pubHo advertisingof such paposed
letting fer onm a reek for,Sotircons%mt*re
reeks In at least s.lxxiew3papersof general
&roulatiOn in this State. Ho two of su42.ppers
shall be @~lish%d In the same oounty. TheEWard
may rejeat~andaxl bldsg ther%asenthe&for
?&all be entered in full in.fhe minutes of hulks
Board srd shrillbe om,to fhe.ins~tion af fhe
public at all tlmee. Se8 oonfraots shall be made
in the 8808 iaanneras hex%&nbeforeprovided.*
In au opin;lonunder date of Catob%r 13, lesl, this
department advleed.4on.8. Yr f* Mehre, State Superlutendeut
aadexoffi~I0Searetat-y Stofe.beurdofEdm3ation, thatmder
the proq~sionsof this Ptiele the statutes oonferredthe
po8er of rehindkngbookw upan tb.Board of dontrol, and that
the State 3eard of Sducatlon sas ofthou such authority.
It has been the unbreken p?aetiee of the Board of
Control, so se are advised, to let suah oontraets, Moreover,
there is no provIsIonof the statute setting.upany maehiuery
or prescribingmlee for l%ttf.ngof such oontraatsby t&e.
lloardof Education. If the Board of Education has such powers,
then, so far as the statute is cBn%%rwd, ft would be author-
Ased to make any character of oontract it tight see fit3 that
is to say, it is not required to let such oontraot upon p&lie
bide or after any manner of sdvsrtisinp;rh8taoe?%r. vharess,
the statutes set up complete rulee and regulationsfor the
letting of such contrastsby the Board of Control. 'Xlale erf-
dencea the legislativeIntentionrith respect to sutihcontracts.,
So that, upon these considerations,you are adaed
that your first question should be ansv%r%d to the effect that
the Board of Education has no authority to let a contraot for
the rebinding of us%d sfihool'textbooks,and thatth%Board of
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P.J.C.Blalr - page 3
Cdntrol has the exclusive authority so to do.
What se have said necessarily answers your
f?urtherquestioos s2" s.d "9".
The matters Eentioned In questions l2' and lP
.are inci&%nts of the contract itself ami therefore fol-
low the right of cordract as a p;rrtthereof, and none of
such acts or Eatters mntioned may be done or performxi
80 as to interfere oith the prir&ry authority of the
Bourd of Control to enter into such oontraots. These
questions are therefore armfered mN~n.
AFPROVDJAN 16, 1940