Honorable lbawr H. Baker, Chainsau 

stats Board of Coutrol 

Austin, 'Texas 

Dear Mr. B&err Opinion Bo. O-3283 

Re: Authority of the Board of Control 

to dstsrmine the nssd of an educational institution to haw printed a stated 

nuder of hallstins orpublicrtioaa. 

You write us @cl follows, "From tims to time, us haa rmII&dW 

ooming to us fromthe edusatioaal iastitatioas of Taxam, tkm attached file 

from the Tsxas State Collage for Wsxnon being a typical w,:tiW& they seek 

to obtain sonseat ofths Stats Board of Control for the purohase af a stated 

aumber of publications. 

"It is no doubtths proviaoe of this Fkmrd to pass onthese requisitions aud 

to pursue ths regulations prescribed w lair with reference to the manusr of 

purohase.. There is a question aboub nhsthsr mu have any discretion in deterMing whether or not the publications sought to bs purshased by an institution of highsr learning in Tans is nsssssary. 

%ll you, thsrsfors, advise us on ths folloriag propositions: 

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

to determine whether or not a requisition for the printing of a stated nwsbar 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 learning inthis State?" 

Your request requires an examination goner&y as to the possrs conferred upon the Board of Control by Statuts. Artiole SO3 of the Revised Civil 

States defdning the gsneral dutiss of the Board deolarssr 

"The bard shall administer the laws rslating to ths various dspartments, 

boards, institutions and public offioers of the Gorsmmeent herein msmed, and 

perform the additional duties and 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 College for Women whioh accompanies your request, it ir shown 

that your inquirJr is based speoifioally upon her request for the print&g of 

5000 copies of a bullstin *Hints on 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 one8 most 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 

various eduortioral 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). Chapter 3 - Purchasing 

Mvision - provide8 that the hard shall purchase 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 (Title 20) areatiag and defining the duties of the 

Board of Control, points to the legislative intention to make of that body a 

general oontraotiag agsnay of the State for the dsputmsnts, institutions Pna 

agencies plaoed under its control, inthe interest of 8x1 obvious sooncssy of 

Std..%. 

There is nothing in the State wtioh, in our opiaia, gives the 

Board of Control the disorwbion or polrerto revier or revise the 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) Artiole as it ~18 taken from S6otj.o~ 

6 of Rou66 BLll l&8 78 of the Second called Session of the 36th Legislature 

(1919). An exllination of H. B. Ro . 76 will show indisputably that the Seatioa pertained to the printing of legislatiw matters. Thus, in Sootion 17 

of the Rl.11 it was deolaredr 

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

other public doawsents authorised to be printed Shall be 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 hOu868 or either of 

themmay direct." 

The reports oontemplated in the quoted article are the deparhnental 

reports referred to in Article 5446 of the Revised Civil Statute8 -- last 

line. There is no reason to hold that the Seotioa (now Article) 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 general statutes regulating the Board of Control -- 

we hold that the requisition from the Texas State College PO: Waaaa, shiah 

you stats is a tvpioal ease, giving rise to your inquiry, does not came within 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 remains only to be SSSP if 

the jubjeot matter of the requisition is a "doomnent," withinthe meaning of 

that Art&ale. Ik, hold that it is not. 

The word "documents is, of course a word of wry great latitude, and 

is capable of different meanings, aooording to the context in which it is 

used. In the present oonneotion the word is used as a legal or official instrument and not in the ultra liberal ssnse of an evidentiary instrmnent 

merely. 

Words -- like people - are known by their associates -- moscitur a 

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 request for a requisitioadenasi8tates the instrU8snt 

to be printed a %ulletia.s This is perhaps a8~aoourate a designation as 

could bs made, though of oourse the desigatation given by the Dire&or is not 

at all oonolusive of the real nature ofthe instrImu3nt. Other nozds might. 

8i.th equal propriety, have bssn used, such as "booklet,' "pamphlet," "braohure," and the liks~ 
Hon. E&aver Baker -- Page 4 (O-6283) 

Whether or not general power to rsvisw or rwise the acts of depart+ 

msnts, institutions, or agencies of the Gowrmsent ia such matters should be 

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

Statutes defining powers of officer8 Pd~rm~ntalagsnts ars 

alarays stristly oonstrued against the sxistana of a power, and not in favor 

of it, unless the intention to delegate such poprsr is clearly shosn. 

'lbx. Jur. p. 443, sec. 68). 

(34 

Rhsther or not there exists a remedy for a situation, where a dep 

artmsnt or institution abuses its disoretioa or exceeds its 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 suoh matters is to bs lodged 

scsnewhere, and just where it is lodged must bs found in 80816 statute. 

ATTORNEY GEEEBAL OFTEXAS 

By /s/ Ooie Speer 

0018 Speer 

Assistant 

APPROVED MAY 14, 1943 

/*/ Grover Sellers 

FIRSTASSISTAET 

ATlOREEYGEBERAL 

os-?a*gn 

OPINION CXXdMIT'IEE 

BYBVfB 

Chairman