Dr. George 3, Beto, Director Opinion No. M-74~~~~ 'jr7, P9/f/ 

Texas Department of Corrections 

Huntsville, Texas 77340 Re: Authority of the Department of Corrections to 

refurbish and rebind 

textbooks and periodicals 

for state agencies and 

political subdivisions 

Dear Dr. Beto: of the State of Texas. 

In your recent letter you have requested the opinion 

of this office as to whether 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 the work would be done by the Department only after 

the securing of bids by the Board of Control. 

We are of the opinion that, if all provisions of 

Article 664-3, Vernon's Civil Statutes, are complied with, the 

Board of Control may lawfully award to the Department of Corrections a contract for refurbishing and rebinding the textbooks and periodicals made the subject of your inquiry, and 

that the Department may lawfully perform the contract. 

There is affirmative authority for the Department of 

Corrections to engage in such activity in Section 9(c) of Article 

6203~. Vernon's Civil Statutes, whereunder the Department 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 in whole or in part. by this state 

and the political subdivisions thereof. 

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

The nature of the contemplated work is related to manufacture or production and not to printing or binding, and hence 

does not fall within the activity made the subject of Article 

XVI, Section 21, of the Constitution of Texas, so that this 

activity is not proscribed for the Department by Section 3 of 

Article 4413(32), Vernon's civil Statutes. See Attorney 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 

of Article XVI of the Constitution. 

Article XVI, Section 21, Texas Constitution, requires 

only ,that the articles or products named therein be sold under 

competitive bids and that the purchase 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 of Articles 664-3 and 6203~ meet the competitive bid 

requisites of this Section of the Constitution: and the requisites of Article 664-3, Section 8(f) provide the legislative 

declaration of who may be "the lowest responsible bidder." 

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

II 

. . . The Constitutional provision very 

clearly leaves it to the Legislature 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 a bid by a private 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 (of Control) is required to 

consider those factors set out in Section 8(f) of 

said Article 664-3. . ..” 

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

The requisites of Article 664-3, Section 8(f) relative 

to "the lowest and best bid" meet the requirements of "competitlve bidding" which are stated in Texas_H~gission v.. 

Cf Texas Asso iation o S , 312 S.W.2d 525, 527 

(Tex.Sup.1963). 

The following prior opinions of this office are expressly overruled: Opinion of Attorney General James V. Allred 

to Hon. Claude D. Teer, dated March 24, 1931, recorded in Volume 

319, at page 918, and Opinions O-1033 (1939) and WW-496 (1958). 

Since there is affirmative statutory authority for 

the Department to perform such work, and since there is no 

statutory or constitutional prohibition against the Department 

doing so, we are of the opinion that the Department of Corrections may, under a contract let by the Board of Control pursuantto a bid, refurbish and rebind textbooks and periodicals 

for state agencies and political subdivisions of the State of 

Texas. 

SUMMARY 

If all of the provisions of Article 664-3, 

V.C.S., are complied with, the Board of Control 

may lawfully award to the Department of Corrections 

a contract for refurbishing and rebinding textbooks 

and periodicals for state agencies and political 

subdivisions of the State of Texas, and the Department may lawfully perform the contract. 

Prepared by James S. Swearingen 

Assistant Attorney General 

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. ,. . 

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) 

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