Honorable lbawr H. Baker, Chainsau stats Boardof Coutrol Austin, 'Texas

Dear Mr. B&err Opinion Bo. O-3283 Re: Authority

of the Boardof Control to dstsrmine

the nssd of an educational institution

to haw printeda stated nuder of hallstins orpublicrtioaa.

You write us @cl

follows,"From tims to time, us haa rmII&dW oomingto us fromthe edusatioaal iastitatioas

of Taxam, tkm attached file from the Tsxas State Collagefor Wsxnon being a typicalw,:tiW& they seek to obtain sonseatofths Stats Boardof Control for the purohase

af a stated aumber of publications.

"It is no doubtths proviaoeof this Fkmrdto pass onthese requisitions aud to pursue ths regulations prescribed

w lair with reference

to the manusr of purohase.. There is a question aboubnhsthsr

mu have any discretion in deterMing whether or not the publications soughtto bs purshased by an institution of highsr learningin Tans is nsssssary.

%ll you, thsrsfors, adviseus on ths folloriag propositions:

s(1) Does the Stats Fbard of Control hare the right,as a matter.oflaw, to determine

whetheror not a requisition for the printingof a statednwsbar of balletins

or publications

frus an adusaticnal institution

is nscss- =arg~ s(2) Do ss havs the right to refuse to grant a requisition for purohase

after it has been duly approwd and deliwrsd to us by the oomstituted authorities of an institution

of higher learninginthis State?"

Your requestrequires an examination

goner&y as to the possrs conferredupon the Board of Control by Statuts. Artiole SO3 of the RevisedCivil Statesdefdning

the gsneraldutissof the Boarddeolarssr

"The bard shall administer the laws rslating

to ths variousdspartments, boards,institutions and publicoffioers of the Gorsmmeent

hereinmsmed, and perform

the additional

dutiesand sxsraise the additional

functions

provided for inthis title, and may ocaaMne under it the folloxing subdivisions

of its works.-.

Hon. lPeaver

H. Balrer

- Page 2 (O-5283)

"1. Division

of Publio Frinting. "2. Division

of Purohasimg. "3. Division

of Auditing. "4. Mvisioa of Dssign,Construotioa and maiz+tenanos. "5. "6. Division

of gstimates

and Anrmpriations. Mvirion of Eleemo8ymm-y Iartititions. "7. Aad-moh other ditisions of it8 worka it may fiad neoesaary in the adaiaistration of it8 dutie8.s

Frcm th8 letter of Director Hmphries, of the Dspprtsmnt of Extaa8ion of Texas State Collegefor Women whioh accompanies your request,

it ir shown that your inquirJr

is based speoifioally upon her requestfor the print&g of 5000 copiesof a bullstin*Hintson How to Live in a Uar Eooa!aqy,s w members of the Texas Stat8 Colle@.for Umssn War Council.

Division8

1 ud 2 of ths-Article 0x8 the one8most pertinent to your inquiry. Under the Mvsion of eblio Frinting, it is provided

that the Board shall oontraot

for a tena not snowding t8u years for supplying to the State all printing,

Mnding, stationery and supplies

of like oharaoter

for all departments, institutions and boarda,

saw and except saahrork a8 rn#j b8done at the variouseduortioral and 018emo8ynary

institution8

(Artiole

60'3)) that th Board may establish

rul8s and regulations in adwitising for bids for printing and stationery

sup lie8 in suohmanner a8 in its judgment wilP best 881~8 the State (A+ols 610

P 2 that the Board shall order eush quantitu of all reports, dooms&s, messages,journals ud law8 to bs published as it may deam neoessarg, not more than 5000 of such reports (Artiole 612). Chapter3 - Purchasing Mvision - provide8 that the hard shallpurchase all supplies

used by each departmant

of the State govermumt, includingthe Stat8 Prison System, and each el8sldosynary

institution,

normal sohools,

Agricultural

and Msohanieal college,

Dnivsrsity

of Tens, and eaoh and all other State schools or departments of the State gorsnrment heretofore

or hereafber

oreated (&ticle 634).

The law as a whole (Title20) areatiag and defining

the duties of the Boardof Control,

points to the legislative intention

to make of that body a generaloontraotiag agsnay of the State for the dsputmsnts, institutions Pna agencies

plaoedunder its control, inthe interest

of 8x1 obvioussooncssy

of Std..%.

There is nothingin the Statewtioh, in our opiaia, gives the Board of Controlthe disorwbion or polrertorevieror revisethe determination of an educational

insbitutiar,

swh a8 the State College for amen, with respest to its needs in the matter or mnting, ad to sulmtftuts the Board's disorstion

for that of the institution.

Artisle 6.12

of the Statutes,

in our opiaicn,

doe8 not oonfor suoh authority. It,

reads ss follonsr "The Board shall ardor such qurptity of all reports,

doo~ents, messages, journals and laws to be published as it may deem nesessary, nor mor8than 5000 of suohreports."Hon.Wsawr H. Baker -- Page 3 (05283)

This is the oodified (1926) Artioleas it ~18 taken from S6otj.o~ 6 of Rou66 BLll l&8 78 of the Second calledSession of the 36th Legislature (1919). An exllination of H. B. Ro

. 76 will show indisputably that the Seatioa pertained

to the printing

of legislatiwmatters. Thus, in Sootion17 of the Rl.11

it was deolaredr

"t!h% whole number of such laws and journals, reports of public officers and other publicdoawsents authorised

to be printedShallbe deliwred to the Secretary

of State,at hi8 offioe, exoept such printing as may b8 ordered

w the tsu hou86s of the Lsgislature, or either ofthsm, for their use, which shall be delivered

to suohpersons at suoh tdmes 88 such hOu868or eitherof themmay direct."

The reports

oontemplated

in the quoted article are the deparhnental reportsreferred

to in Article 5446 of the RevisedCivil Statute8 -- last line. There is no reasonto hold that the Seotioa (nowArticle) has a different meaning fromthat originally intended

by the Legislature.

If we consider

Artiole 612, howsver, independently

of its origin -- merely as a part of the generalstatutes regulating

the Board of Control-- we hold that the requisition from the Texas State CollegePO: Waaaa, shiah you stats is a tvpioalease, givingrise to your inquiry, does not camewithin the SOOpe of the &-tiClS.

Clearly,

the requisition

does not call for the printing of any report, message, journal,

or law to be published, pnd it remainsonly to be SSSP if the jubjeot

matter of the requisition is a "doomnent,"

withinthe meaningof that Art&ale. Ik,

hold that it is not.

The word "documents is, of coursea word of wry great latitude, and is capable

of different

meanings,

aooording to the contextin which it is used. In the presentoonneotion the word is used as a legal or officialinstrument

and not in the ultra liberal ssnseof an evidentiary instrmnent merely.

Words -- like people - are known by their associates -- moscitura sooiis. The word "docrmrents" is here used in connection with the words - "reports,""messages," sjournals,"

and slaws,"to be published. All of these words,with which the word 'dooumemts s is associated,

indisputably

ars mrd8 of legal import,

and so the.word "dooumsnts" must be given the similar msu+ ing.

The Director's requestfor a requisitioadenasi8tates the instrU8snt to be printed

a %ulletia.s This is perhaps a8~aoourate

a designation

as couldbs made, though of ooursethe desigatation given by the Dire&or is not at all oonolusive

of the real nature ofthe instrImu3nt. Other nozdsmight. 8i.th equal propriety,

have bssn used, such as "booklet,' "pamphlet,"

"braohure,"

and the liks~Hon. E&averBaker -- Page 4 (O-6283)

Whether or not general power to rsviswor rwise the acts of depart+ msnts, institutions, or agencies

of the Gowrmsent ia suchmatters shouldbe oonferred

upon the Board of Bntrol is entirely a thing of legislatiw concern.

Statutes

defining

powersof officer8 Pd~rm~ntalagsnts ars alarays stristlyoonstrued

against

the sxistana of a power, and not in favor of it, unless the intention to delegatesuch poprsr is clearlyshosn. 'lbx. Jur. p. 443, sec. 68). (34

Rhsther or not there existsa remedy for a situation, where a dep artmsntor institution abuses its disoretioa or exceedsits powsr,as to the necessity

for printing

or supplie8,ne need not to decide. Hs merely hold that such remedy, if one is available, is not the rwiswing power of the Board of Control. The discretion and responsibility in suohmatters is to bs lodged scsnewhere,

and justwhere it is lodged must bs found in 80816 statute.

ATTORNEY

GEEEBALOFTEXAS

By /s/ Ooie Speer

0018 Speer Assistant

APPROVED

MAY 14, 1943 /*/ Grover Sellers FIRSTASSISTAET ATlOREEYGEBERAL


### os-?a*gn OPINIONCXXdMIT'IEE BYBVfB Chairman