THEA~ORNEY GENERAL 

OF TEXAS 

AUSTIN aa. Texan 

WILL WILSON 

A-ORNECY GNNEHAL August 14, 1959 

Honorable M. T. Harrington, Chairman 

Cotton Research Committee of Texas 

Texas A 8 M College 

College Station, Texas 

Opinion No. ~~-685 

Re: 

Dear Dr. Harrington: 

Authority of the Comptroller of Public Accounts 

to approve a P-l voucher 

drawn against the Cotton Research Committee 

in favor of Texas Technological College for reimbursement for the 

purchase price of two 

spinning frames purchased for the Committee. 

You have requested our opinion concerning a question which is predicated on the following facts: 

The Cotton Research Committee receives research 

proposals from the various State educational institutions 

and State agencies. The Committee evaluates each of these 

proposals and within certain dollar limitations, imposed 

by the appropriation to the Committee, agrees to sponsor 

certain of the proposals. 

Under the agreement entered into between the Committee and the State educational institutions or State agencies, the Committee agrees to pay the cost of conducting the 

research covered by the accepted proposal. 

Quoting from your letter of April 15, 1959, to the 

Honorable Robert S. Calvert: 

$1 

. . . 

"The Cotton Research Committee of Texas has 

had as a policy for several years and provides 

in its annual memorandum agreement with each 
. , 

Honorable M. T. Harrington, page 2 (~~-685) 

institution, that any equipment purchased 

for a research project for which Committee 

appropriated funds are used to reimburse 

the educational institution shall become 

the property of the Cotton Research Committee of Texas and shall be subject to the 

Committee's control. This policy enables 

the Committee to transfer Items of equipment from one college campus to another in 

sponsoring various research projects and 

it eliminates duplication of technical research equipment between the institutions 

conducting research for the Committee. 

"The transaction in question consists 

of two spinning frames costing $2~,511.58 

which were needed by Texas Technological 

College to conduct a research project covered 

by a memorandum agreement between the Cotton 

Research Committee and Texas Technological 

College. In evaluating this research proposal submitted~by the Texas Technological 

College to the Committee, we were aware that 

it would be necessary for Texas Technological College to secure these two spinning 

frames and we provided in our memorandum 

agreement with Texas Technological College 

a sum sufficient to cover these items of 

equipment with our standard provision that 

the equipment, once Texas Technological College had been reimbursed for its cost, would 

become property subject to the control of 

the Cotton Research Committee. 

"For this particular transaction, Texas 

Technological College ordered the spinning 

frames through the State Board of Control and 

paid for the items with Local Funds not deposited in the State Treasury. The attached 

P-l form is an attempt on the part of the 

Cotton Research Committee of Texas to carry 

out its agreement with Texas Technological 

College to reimburse the Local Funds of 

Texas Technological College out of the General Revenue appropriations made by the 55th 

Legislature to the Cotton Research Committee 

of Texas f,or the costs of conducting research 

programs. 
Honorable M. T. Harrington, Page 3 (m-685) 

The Comptroller of Public Accounts has refused to 

approve the voucher to reimburse the Texas Technological 

College Local Funds for the cost of the two spinning frames 

used in the research program conducted by the College. 

In his letter to you, dated April 20, 1959, the 

Comptroller states: 

11 

. . . I am of the opinion that the act 

creating the Cotton Research Committee does not 

provide for the sale of equipment from the 

schools which participate in the program, to 

the Cotton Research Committee. 

"It is my further opinion that the act 

only provides for the reimbursement for the 

use of the equipment and not for Capitol Outlay." 

Your letter concludes by asking our opinion "as to 

the legality of the claim." 

In view of the facts set forth, it is necessary for 

us to determine whether the Cotton Research Committee was 

acting within its authority in seeking to reimburse the Texas 

Technological College Local Funds for the cost of the two 

spinning frames used in a research program sponsored by the 

Committee. 

In order to determine the scope of the authority of 

the Cotton Research Committee, it will be necessary to look 

fo the statute creating the Committee. Section 2 of Article 

165-G of Vernon's Annotated Texas Civil Statutes reads in 

par as follows: 

"A Cotton Research Committee . . . is 

hereby created and established to cause surveys, research and investigations to be made 

relating to the utilization of the cotton 

fiber, cottonseed, and all other products of 

the cotton plant, with authority to contract 

with any and all Agricultural Agencies and 

Departments of the State, and all State Educational Institutions and State Agencies to 

perform any such services for said CommTf;tee 
. 

Honorable M. T. Harrington, page 4 (WW-685) 

and for the use of their respective available 

facilities, as it may deem proper, and to compensate such Agencies, Departments and Institutions to be paid from money appropriated by the 

Legislature for the purposes of this Act. . . ." 

(mphasis ours). 

Quoting now from the appropriation to the Cotton Research Committee in House Bill 133, Acts 55th Legislature, 

Regular Session, 1957, Chapter 385, page 1130, we find language which has further bearing on the power of the Committee: 

T he 

hereby authk 4 zed, to contract with any or all of 

Cotton Research Committee is 

said institutions to perform such services for 

said Committee as it may deem proper and to compensate said institution or institutions for the 

cost thereof from the funds herein appropriated. 

. . . (Emphasis ours). 

The Committee is specifically directed to cause surveys, research and investigations to be made relating to 

utilization of cotton fiber and cotton products and in so 

doing the Committee is granted the power to contract with 

the various State Educational Institutions and Agricultural Agencies for the use of their facilities and performance 

of services, as it may deem proper. Although this is a 

grant of broad discretionary power of contract, we are not 

disposed to hold that it is unlimited. 

The language used in neither of the above quotations specifically authorizes the Committee to reimburse an 

institution for the cost of equipment used in cotton research projects and by agreement thereby become the owner 

of such equipment. Therefore, we must ascertain the legislative intent with regard to this statute and construe the 

statute in the light of such intent and the rules of statutory construction. 

In 39 Texas Jurisprudence 90, Statutes, pages 166- 

167, we find the following statement with regard to the 

legislative intent: 

"'The intention of the Legislature in 

enacting a law is the law itself,' 'the essence 

of the law,' and 'the spirit which gives life' 

to the enactment. Hence, the aim and object of 

construction is to ascertain and enforce the 
. - 

Honorable M. T. Harrington, Page 5 (~-685) 

legislative intent, and not to defeat, nullify 

or thwart It." 

The following language from Section 1 of Article 

165-4a of Vernon's Annotated Texas Civil Statutes sets forth 

the purpose which prompted the legislature to act: 

'By this Act it is expressly declared that 

the policy of all the various agricultural agencies of the State of Texas shall be shaped so 

that the subject of the increased use and outlet for farm products, especially cotton, shall 

be stressed as much as the production of said 

products. . . ." (Emphasis ours), 

When we consider this language in conjunction with 

the authority granted the Committee to cause surveys, research and investigations to be made relating to the uti!Tzation of cotton and cotton products, we conclude that the 

Legislature intended that the Committee have as one of its 

primary purposes the coordination of the various surveys, 

research projects and investigations carried on under its 

authority in such a manner as to prevent duplication of 

effort and assure efficiency. 

An additional guide in construing the statute as 

a whole is expressed in the following rule of statutory 

construction stated in 39 Texas Jurisprudence 91, Statutes, 

pages 172-173: 

"An important rule to be observed in statutory Interpretation is that an Act should be 

given a fair, rational, reasonable and sensible 

construction, considering its language and subject matter, and with a view to accomplishing 

the legislative intent and purpose. . . . 

flhe-7 construction should comport with common, 

sense and justice and irrational conclusions or 

deductions should be avoided. . . .I' 

Undoubtedly the spinning frames purchased by Texas 

Technological College for use in a research project sponsored 

by the Committee are equipment which can and will be utilized 

in future projects under the sponsorship of the Committee. 

Whether such future utilization of the spinning frames will 

be in a project carried out at Texas Technological College 

or some other State educational institution or Agency is a 

factor that cannot, within reason, be determined at the present time. It is certainly probable that spinning frames 
Honorable M. T. Harrington, page 6 (WW-685) 

of this type will be necessary equipment for future research 

projects which will be conducted by State educational institutions or agencies other than Texas Technological College. 

It would certainly not be in keeping with the Legislative intent with regard to the efficientcoordination of 

projects and duplication of effort to require that some other 

State institution or agency be required to purchase identical or similar spinning frames in order to carry out a research project under the sponsorship of the Committee when 

the needed equipment was sitting unused at Texas Technological College and the Committee was unable to order it moved 

to the needed location simply because it did not own it. 

In order to accomplish a rational, reasonable and 

sensible construction of the statute, considering its language and subject matter and the intention of the Legislature, it is our opinion that the Cotton Research Committee 

had the authority, under its power to contract, to enter into an agreement to reimburse Texas Technological College 

for the cost of the spinning frames purchased by the College 

for use in a research program sponsored by the Committee 

and under this agreement, become the owner of the spinning 

frames. Therefore, you are advised that the claim is legal 

and the voucher should be approved. 

SUMMARY 

The Cotton Research Committee had the 

authority to enter into an agreement 

to reimburse Texas Technological College for the cost of two spinning 

frames purchased by the College to be 

used in a research project sponsored 

by the Committee and become the owner 

of the spinning frames; the claim represented by the P-l voucher Is a legal 

claim and should be approved. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

WOS:wb:mfh 

BY 

W. 0. Shultz 

Assistant 
. - 

Honorable M. T. Eazrington, Page 7 (m-685) 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

Raymond V. Loftin, Jr. 

Joe Allen Osborn 

Riley Eugene Fletcher 

L. P. Lollar 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert