THE ATTORNEY GENERAL 

OF TEXAS 

Mr. Ion E. Alsup 

Executive Secretary-Director 

State Commission for the Blind 

Austin, Texas 

Opinion NO. ww-766 

Re: Whether a blind person, 

operating his own business 

as a printer of Braille 

under the Commission's 

vocational rehabilitation 

program, may print textbooks in Braille for purchase by the Texas %ducation Agency with State 

Dear Mr. Alsup: funds. 

You have requested an opinion from this office as 

to whether a blind person who is operating his own business 

as a printer of Braille under your vocational rehabilitation 

program may print textbooks in Braille as duly authorized by 

the Texas Education Agency and sell the books to that agency 

and receive payment from the funds appropriated in Paragraph 

23(b), Section 1, Article IV, House Bill 4, as enacted by the 

Third Called Session of the 56th Legislature. You state further 

in your request that the Textbook Division of the Texas Education Agency is reluctant to purchase these books from this 

business in view of some previous Attorney Generals' rulings 

which prohibit them from purchasing printed books, etc., from 

other State agencies, such as the prison system. 

Section 21 of Article XVI of the Constitution of Texas 

requires that all contracts for public printing be given to the 

lowest responsible bidder, and provides as follows: 

"Sec. 21. All stationery, and printing, 

. . , paper,and fuel used in the Legislative 

and other departments of the government, . . . 
Mr. Lon E. Alsup, page 2 (W-766) 

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 Covernor, Secretary of State and Comptroller!' 

It is our opinion that the Textbook Division of the 

Texas Education Agency must comply with the provisions of this 

Section and Articles 2839-2861, Vernon's Civil Statutes, when 

purchasing school books. 

The question, therefore, is whether a blind person 

who obtains his equipment and initial supplies from the State 

is qualified to submit a bid for the printing of these books 

in Braille. 

Throughout the years, the Legislature has aided the 

blind in finding employment and developing home industries and 

in marketing their products. The Legislature has given the 

State Commission for the Blind authority to furnish materials. 

tools and books, and has given the Commission authority to 

establish workshops and salesrooms, to furnish space in State 

owned buildings for vending stands and to equip and initially 

stock these stands with merchandise; to hire teachers to teach 

the blind in these workshops and homesof blind persons. (House 

Bill 844, Acts of the 42nd Legislature, House Bill 347, Acts of 

the 49th Legislature, and House Bill 125, Acts of the 50th Legislature.) 

Section 1 of Article 678d, Vernon's Civil Statutes, 

clearly establishes the intention of the Legislature to make 

blind persons independent and self-supporting by stating: 

"For the purpose of providing blind 

persons with remunerative employment, enlarging the economic opportunities of the blind, 

and for stimulating the blind to greater efforts in striving to make themselves self- 
~lr. Don E. Alsup, page 3 (~~-766) 

supporting, blind persons under the provisions of this Act, shall be authorized to 

operate vending stands on any State property, or State controlled property where, in 

the discretion of the head of the department 

or agency in charge of its maintenance, vending stands may be properly and satisfactorily 

operated." 

In Attorney General’s Opinion O-1033 (1939), we held 

that the Texas Prison System could not bid on a contract for 

printing and binding that had been let by the State Board of 

Control for the use and benefit of the State because the Texa;. 

Prison System, being a State agency, could not tender a bond 

to the State as was provided by statute. 

In Attorney General's Opinion w-496 (1958), this 

office again held that the Department of Corrects could not 

enter into an agreement with the State Board of Education to 

rebind books as it violated Section 21 of Article XVI of our 

State Constitution, for the reason that rebinding of books 

must be let by contract and given to the lowest responsible 

bidder. 

It is our opinion that a blind person, who has been 

rehabilitated under the Commission for the Blind program and 

who has received certain equipment and initial stock such as 

paper and Braille characters, etc., and who operates his business on his own and is responsible only to himself, is not an 

agent, nor his business an agency of the State, even though 

the Commission for the Blind may continue to make certain supervisory visits so as to assist these individuals in making a 

success of their business. So long as these individuals can 

comply with the statutes and rules and regulations which all 

bidders on all school books must comply with and be the successful bidder, it is our opinion that "ne Textbook Division 

of the Texas Education Agency may contract with and pay State 

funds to such persons in compliance with such contracts. 

SUMMARY 

The Textbook Division of the Texas 

Education Agency may enter into a 

contract with and pay State Funds to 

a blind person who has been rehabilitated under the program sponsored by 
Pii. Lon E. Alsup, page 4 (WW-766) 

the State Commission for the Blind, 

so long as said individual has complied with the statutes, rules and 

regulations as a bidder, and becomes 

the successful bidder. 

Yours very truly, 

WILL WILSON 

LFP: zt 

APPROVED: 

OPINION COMMITTEE 

W.V Geppert, Chairman 

John Wildenthal 

B. H. Timmins, Jr. 

James Irion 

Lawrence Hargrove 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore