Dr. John Kinross-Wright, M.D. Opinion No. ~-316 

Commissioner, Texas Department 

of Mental Health and Mental Retardation 

Box S, Capitol Station 

Austin, Texas Re: Whether the Board of 

Control can purchase 

drugs, equipment and 

fixtures for community 

mental health and mental 

retardation centers 

Dear Dr. Kinross-Wright: 

established under Article 

5547-203, Vernon's Civil 

Statutes. 

Your request for an opinion reads as follows: 

"Pursuant to authority contained in Article 5547-203, 

Texas Civil Statutes, approximately ten connnunity mental 

health and mental retardation centers have been established 

in this State and are receiving grants-in-aid from the 

Texas Department of Mental Health and Mental Retardation 

pursuant to Article 5547-204, Texas Civil Statutes. If 

these community centers could purchase drugs, fixtures, 

and other necessary equipment through the Board of 

Control it is felt a great deal of their financial resources 

could be saved. 

"Wherefore, your opinion as to the authority of the 

Board of Control, under the State Purchasing Act of 1957 

being Article 664-3, Texas Civil Statutes, to purchase 

these supplies for these community centers is respectfully 

requested." 

Article 664-3, Vernon's Civil Statutes (State Purchasing 

Act of 1957) is an act prescribing the method to be used by the 

State Board of Control in making purchases of supplies or 

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Dr. John Kinross-Wright, page 2 (M-316) 

materials for certain agencies of the State of Texas. 

Section 5 provides: 

"Sec. 5. The Board shall DurchSSS all supplies, 

materials, services and equipment used bv each Department of the State Government,including the State 

Prison System, and each eleemosynary institution, 

Teachers College, Agricultural and Mechanical College, 

University of Texas, and each and all other State Schools 

or Dewrtments of the State Government heretofore or 

hereafter created, such supplies to include furniture 

and fixtures, technical instruments and books, and 

all other things required by the different departments 

or institutions including perishable goods. The Board 

is given legal authority to delegate purchasing functions 

to agencies of the state. Purchases of supplies, materials, 

services and equipment for resale, for auxiliary enterprises, for organized activities relating to instructional 

departments of institutions of higher learning, and for 

similar activities of other State Agencies, and purchases 

made from gifts and grants, may be made by State Agencies 

without authority of the Board. The Board shall purchase 

all motor vehicles used for transporting school children, 

including buses, bus chassis, and bus bodies, tires and 

tubes, for school districts participating in the 

Foundation School Program as provided by Chapter 334, 

Acts Slst Legislature, Article V, Section 3. The Board 

may also provide for emergency purchases by any Department or institution and may set a monetary limit on the 

amount of each emergency purchase." (Emphasis supplied.) 

The phrase "Department of the State Government" is defined 

in Subdivision C of Secticm 3 as follows: 

"The term "Department of the State Government" 

includes only departments and agencies of the Woe 

heretofore required to make purchases throush the 

Board of Control. River authorities, conservation 

and reclamation districts, and other political subdivisions created bv the Lesislature are not required 

to purchase throuqh the Board of Control unless some 

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Dr. John Kinross-Wright, page 3 (~-316) 

other statute specifically requires it." (Emphasis 

supplied.) 

A community mental health and mental retardation center 

is defined in Section 3.01 of Article 5547-203, Vernon's Civil 

Statutes, as follows: 

"Community centers 

"Section 3.01 (a) One or more cities, counties, 

hospital districts, school districts, rehabilitation 

districts, state-supported institutions of higher 

education, and state-supported medical schools, or 

any combination of these, may cooperate, negotiate, 

and contract with each other through their governing 

bodies to establish and operate a community center. 

(b) As used in this Act, a "community center" 

may be: 

(1) a community mental health center, which 

provides mental health services: or 

(2) a community mental retardation center, which 

provides mental retardation services: or 

(3) a conununity mental health and mental retardation 

center, which provides mentalhealth and mental retardation 

services." 

In view of the provisions of Section 3.01 of Article 5547- 

203 above quoted, it is our opinion that such community health 

center is not a "Department of the State Government" and does 

not fall within the definition of "Department of the State 

Government" within the meaning of State Purchasing Act of 1957. 

You are therefore advised that the State Board of Control 

is not authorized to purchase supplies for such community 

health centers. 

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Dr. John Kinross Wright, page 4 (K-316) 

SUMMARY 

State Board of Control under the provisions 

of Article 664-3, Vernon's Civil Statutes (State 

Purchasing Act of 1957) does not have the authority 

to purchase supplies for Community mental health 

and mental retardation centers established pursuant 

to the provisions of Article 5547-203, Vernon's 

Civil Statutes, since such centers are not "departments of the state government" within the meaning 

of Article 664-3. 

truly yours, 

orney General of Texas 

Prepared by: John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

Malcolm Quick 

Jay Floyd 

Robert Darden 

Rex H. White 

A. J. Carubbi, Jr. 

Dtecutive Assistant 

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