Honorable 0. B. Ellis 

Director 

Department of Corrections 

Huntsville, Texas 

Dear Mr. Ellis: 

Opinion No. W-496 

Re: Authority of the Department of Corrections to 

negotiate an interagency 

agreement with the State 

Board of Education for the 

repair and rebinding of 

public school textbooks. 

We quote from your request for an opinion as 

follows: 

"For some time we have been negotiating 

with the State Board of Education for public 

school textbook repair project. This has been 

a successful prison industry in many states. 

We are particularly interested in the project 

from a standpoint of giving gainful employment 

to the physically-handicapped inmates In our 

charge. From preliminary studies with the 

Board of Education, It seems we could do an 

excellent job, make some money for the Department of Correctlons,and save some money for 

the school system. The Board of Education and 

admln$.stratlve officers have expressed a willingne~ss to co-operate with us. They asked 

their counsel for an opinion, and they were 

told that such a project would violate the 

Constitution of the State of Texas. 

"In reality, this Is not a binding job and 

neither Is it a printing job, but it Is a repair project. The work consists of cleaning 

up used textbooks by erasing all writing and 

sanding all the edges. The very badly damaged 

books are separated, missing pages are replaced 

from discarded books, and whenthe cover is in 

bad shape the cover Is replaced and the book 

rebound. The only printing involved is stamping the title on the cover." 
Honorable 0. B. Ellis, page 2 b'w-496) 

Section 21 of Article XVI of the Constitution of 

Texas, requires that all contracts for public printing and 

binding be given to the lowest responsible bidder, and 

reads as follows: 

"sec. 21. All stationery, and printing, 

paper used in the Legislative and other 

depa&ents of the government, shall be 

furnished, and the printing and'binding of 

the laws, journals, and department reports, 

and all other printing and binding . . . , 

shall be performed under contract, to be given 

to the lowest responsible bidder, below such 

maximum price, and under such regulations, as 

shall be prescribed by law. No member or officer of any department of the government 

shall be in any way Interested In such contracts; and all such contracts shall be subject to the approval of the GoTernor, Secretary of State and Comptroller. 

Contracts for the repair and rebinding of books required to be placed In permanent covers have long been awarded by the Board of Control, with the approval of the Governor, 

Secretary of State and Comptroller, to the lowest responsible 

bidder In accordance with the foregoing constitutional provision. The fact that certain phases of the work contemplated 

by the Interagency agreement between the Department of Corrections and the State Board of Education would not constitute 

"printing" or "binding", does not render that part of the agreement calling for rebinding of books less objectionable. The 

rebinding of books by Interagency agreement Is prohibited by 

Section 21 of Article XVI of our State Constitution. The 

cleaning and repair of books up to the rebinding stage, however, Is not prohibited. 

You are, therefore, advised that the contemplated 

Interagency agreement between the Department of Corrections 

and the State Board of Education which, among other things, 

covers the rebinding of school textbooks, would be violative 

of Section 21 of Article XVI of the Constitution of Texas 

and hence Illegal. 
Honorable 0. B. Ellis, page 3 (w-496) 

SUMMARY 

The contemplated interagency agreement between the Departments of Corrections and the State Board of 

Education which, among other things, 

covers the rebinding of school textbooks, would be violative of Section 

21 of Article XVI of the Constitution 

of Texas, and hence illegal. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

LP:zt 

APPROVED: 

OPINION COMMITTEE 

onard Passmore 

Assistant 

Qeo. P. Blackburn, Chairman 

William E. Allen 

Byron Fullerton 

Jack Goodman 

REVIEWEDFORTREATTORNEYCEWERAL 

BY: W. V. Ceppert