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 purchasedrugs, 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 PurchasingAct 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
-1538-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,includingthe State Prison System, and each eleemosynary institution, TeachersCollege,Agricultural and MechanicalCollege, University of Texas, and each and all other State Schools or Dewrtments of the State Governmentheretofore or hereafter created, such supplies to include furniture and fixtures, technical instruments and books, and all other things requiredby the different departments or institutions including perishablegoods. 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 organizedactivities relating to instructional departments of institutionsof higher learning, and for similar activities of other StateAgencies, 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 transportingschool children, includingbuses, bus chassis, and bus bodies, tires and tubes, for school districts participating **in** the Foundation School Program as providedby Chapter 334, Acts Slst Legislature,Article V, Section 3. The Board may also provide for emergency purchasesby any Department or institutionand may set a monetary limit on the amount of each emergency purchase." (Emphasissupplied.) The phrase "Departmentof the State Government" is defined in SubdivisionC of Secticm 3 as follows:

"The term "Departmentof 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 reclamationdistricts, and other political subdivisions createdbv the Lesislatureare not required to purchase throuqh the Board of Control unless some
-1539-Dr. John Kinross-Wright,page 3 (~-316)

other statute specificallyrequires it." (Emphasis supplied.)
A community mentalhealth and mental retardationcenter is defined in Section 3.01 of Article 5547-203,Vernon's Civil Statutes, as follows:

"Communitycenters "Section 3.01 (a)One or more cities, counties, hospital districts,school districts, rehabilitation districts, state-supportedinstitutions of higher education, and state-supportedmedical schools, or any combinationof these,may cooperate, negotiate, and contract with each other through their governing bodies to establishand operate a community center. (b) As used in thisAct, a "communitycenter" may be: (1) a communitymental health center,which provides mentalhealth services: or (2) a communitymental retardation center,which provides mental retardation services: or (3) a conununity

mental health and mental retardation center, which providesmentalhealth 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 communityhealth center is not a "Departmentof the State Government"and does not fall within thedefinition of "Department of the State Government" within the meaning of State PurchasingAct of 1957.
You are thereforeadvised that the State Board of Control is not authorized to purchase supplies for such community health centers.

-1540-Dr. John KinrossWright, 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 Communitymental health and mental retardation centers established pursuant to the provisionsof Article 5547-203,Vernon's Civil Statutes, since such centers are not "departments of the state government"within the meaning of Article 664-3. trulyyours,

orneyGeneral 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. DtecutiveAssistant

-1541-

,.. .,. .