Dr. George 3, Beto, Director Opinion No. M-74~~~~ 'jr7, P9/f/ Texas Department ofCorrections Huntsville, Texas 77340 Re: Authority of theDepartment of Corrections to refurbish and rebind textbooks and periodicals for state agencies and political subdivisions Dear Dr. Beto: of the State of Texas.

Inyour recent letter you have requested the opinion of this office as towhether the Department of Corrections may refurbish and rebind textbooks and periodicals for state agencies and political subdivisions of the State of Texas.

You stated that your request was based on the assumption that thework would be done by the Department only after the securing ofbids by theBoard of Control.

We are of the opinion that, if all provisions of Article 664-3, Vernon's Civil Statutes, are complied with, the Board ofControl may lawfully award to the Department ofCorrections a contract for refurbishing and rebinding the textbooks and periodicals made the subject of your inquiry, and that theDepartment may lawfully perform the contract.

There is affirmative authority for the Department of Corrections to engage in such activity in Section 9(c)ofArticle 6203~. Vernon's Civil Statutes, whereunder theDepartment is authorized to engage in the "manufacture or production" of such articles or products as may be needed for the construct.ion, operation, maintenance or use of any office, department, institution or agency supported inwhole or inpart.by this state and the political subdivisions thereof.

-3618-Dr. George J. Beto, page 2 (M-743)

The nature of the contemplated work isrelated tomanufacture or production and not toprinting orbinding, and hence does not fallwithin the activity made the subject of Article XVI, Section 21, of the Constitution of Texas, so that this activity is not proscribed for theDepartment by Section 3of Article 4413(32), Vernon's civil Statutes. SeeAttorney General's Opinion No. C-732 (1966).holding that the process of transforming textbooks into Braille material does not constitute the process of printing and binding within the meaning of Section 21 ofArticle XVI of the Constitution.

Article XVI, Section 21,Texas Constitution, requires only ,thatthe articles or products named therein be sold under competitive bids and that thepurchase be from "the lowest responsible bidder." This Section 21 contains no statement nor implication of distinction between bids by private enterprise and a state agency. In our opinion the competitive bid provisions ofArticles 664-3 and 6203~ meet the competitive bid requisites of this Section of the Constitution: and the requisitesofArticle 664-3, Section 8(f) provide the legislative declaration ofwho may be "the lowest responsible bidder."

InOpinion V-142 (1947) this Office held, with refrence to this Section of the Constitution,

II

. . . The Constitutional provision very clearly leaves it to theLegislature to prescribe who may be 'the lowest responsible bidder' within the constitutional requirement. ...'I In Opinion M-392 (1969) the present Attorney General passed upon the legality of abid by aprivate firm for letterpress printing, and in the context of this Section of our constitution stated,

" ...In determining the lowest, responsible and best bid the Board (ofControl) isrequired to consider those factors set out in Section 8(f) of said Article 664-3.
...”

.-3619-Dr. George J. Beto, page 3 (M-743)

The requisites ofArticle 664-3, Section 8(f) relative to "the lowest and best bid" meet the requirements of "competitlvebidding" which are stated inTexas_H~gission v.. Cf TexasAsso iation o **S** ,312 S.W.2d 525, 527 (Tex.Sup.1963).

The following prior opinions of this office are expressly overruled: Opinion ofAttorney General James V. Allred toHon. Claude D. Teer, dated March 24, 1931,recorded inVolume 319, atpage 918, and Opinions O-1033 (1939)andWW-496 (1958).

Since there isaffirmative statutory authority for theDepartment to perform such work, and since there isno statutory or constitutional prohibition against the Department doing so,we are of the opinion that theDepartment of Corrections may, under a contract letby the Board of Control pursuantto abid, refurbish and rebind textbooks and periodicals for state agencies and political subdivisions of the State of Texas. SUMMARY

If all of the provisions ofArticle 664-3, V.C.S., are complied with, the Board ofControl may lawfully award to the Department ofCorrections a contract for refurbishing and rebinding textbooks andperiodicals for state agencies and political subdivisions of the State of Texas, and theDepartmentmay lawfully perform the contract.

Prepared by James S. Swearingen Assistant Attorney General

-3620-. ,. .

Dr. George J. Beto, page 4

APPROVED: 0P1N10~ CcmiIyrBE

,'Au'bkin

Bray lick Chote Jack Gcodman Earl Hines MEADE F. GRIFFIN Staff Legal Assistant ALFREDWALKER Executive Assistant NOLA WHITE First Assistant (M-743)

-3621-