Honorable Jim Bates, Chairman

Legislative Property Tax Committee 105West Riverside Drive Austin, Texas 78704 opinion No. t+ 1067 Re: Whether the provisions of Article 664-3,Vernon's Civil Statutes (StatePurchasing Act), apply to the Legislative Property Tax Committee created byArticle Dear Senator Bates: 7100,Vernon's Civil Statutes.

Your request for an opinion on the above subject matter askswhether the Legislative Property Tax Committee is required to purchase supplies, materials and equipment through the State-Board of Control orwhether the Legislative Property Tax Committee may make such purchases itself.

Senate Bill 414,Acts 62nd Legislature, R.S. 1971, Ch. 221, page 1063, amends Article 7100, Revised Civil Statutes ofTexas, 1925. Section 1 ofArticle 7100, as amended, creates the Legislative Property Tax Committee. Subdivision (f)of Section 3ofArticle 7100, as amended, provides:

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. . . "(f) The Committee shall have power and authority to expend its funds, hereinafter provided, to employ and compensate all necessary consultants, investigators and other personnel, to contract formaterials and services as required and topay travel, telephone and other official expenses approved by the Committee." Section 5ofArticle 664-3, Vernon's Civil Statutes, as amended by Senate Bill 373,Acts 62nd Legislature, R.S. 1971, Ch. 57,page 109,provides inpart:

"Sec. 5. The Board shall purchase all supplies, materials, servrces and equipment used by each

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Hon. Jim Bates, page 2 (M-1067)

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 departments of the State government heretofore orhereafter created, such supplies to include furniture and fixtures, technical instruments andbooks, and all other things required by the different departments or institutions, including perishable goods.
. . ." (Emphasis added). Subdivision (c)of Section 3ofArticle 6~64-3,Vernon's Civil Statutes, defines "Department of State Government" as follows:

"(c) The term 'Department of State Government' includes only departments and agencies of the type heretofore required tomake purchases through the Board ofControl. River authorities, conservation and reclamation districts, and other political subdivisions created by the Legislature are not required topurchase through the Board ofControl unless some other statute specifically requires it." We findnoprovision in Senate Bill 414,Acts 62nd Legislature, R.S. 1971,which exempts the Legislative Property Tax Committee from the provisions ofArticle 664-3,Vernon's Civil Statutes. YOU are accordingly advised that purchases of supplies, materials and equipment by the Legislative Property Tax Committee are tobemade through the State Board of Control pursuant to the provisions of Article 664-3,Vernon's Civil Statutes. SUMMARY Purchases of supplies, **materials** and equipment by the Legislative Property Tax Committee are to bepurchased through the State Board of Control pursuant to the provisions ofArticle 664-3, Vernon's Civil Statutes.

ey General of Texas. .

Hon. Jim Bates, page 3

Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman Malcolm Quick Max Hamilton Rex White Marietta Payne SAMUEL D.MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant (M-1067)

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