GENERAL THE ATTORNEY

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 purchaseby the Texas %ducation Agencywith State Dear Mr. Alsup: funds.

You have requested an opinion from this office as to whether a blind person who is operatinghis own business as a printer of Brailleunder 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 receivepayment 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 TextbookDivision of the Texas Education Agency is reluctant to purchase these books from this business in view of someprevious Attorney Generals'rulings which prohibit them frompurchasingprinted books, etc., from other State agencies, such as the prison system.

Section 21 of Article XVI of the Constitutionof 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)

shallbe furnished,and the printing and binding of the laws, journals, and department reports, and all otherprinting and binding

. . ., shallbe performed under contract, to be given to the lowest responsiblebidder, below suchmaximumprice, and under such regulations,as shallbe prescribed by law. No member or officer of any department of the government shallbe in any way interested in such contracts;and all such contracts shallbe subject to the approval of the Covernor, Secretaryof State and Comptroller!'
It is our opinion that the Textbook Division of the Texas EducationAgency must complywith the provisions of this Section and Articles 2839-2861, Vernon's Civil Statutes,when purchasing schoolbooks.

The question, therefore, iswhether a blind person who obtains his equipment and initial supplies from the State is qualified to submita bid for the printing of these books in Braille.

Throughout the years, the Legislaturehas aided the blind in finding employment and developinghome industriesand in marketing their products. The Legislaturehas given the State Commission for the Blind authority to furnish materials. tools and books, and has given the Commissionauthority to establishworkshops and salesrooms,to furnish space in State owned buildings for vending standsand to equip and initially stockthese standswith 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 intentionof the Legislature to make blind persons independentand self-supportingby stating:

"Forthe purpose of providing blind persons with remunerative employment,enlarging the economic opportunitiesof the blind, and for stimulatingthe blind to greater efforts in striving to make themselves self-~lr. Don E. Alsup, page 3 (~~-766)

supporting,blindpersons under the provisions of this Act, shallbe authorized to operate vending stands on any Stateproperty, or State controlledproperty where, in the discretion of the head of the department or agency in charge of its maintenance,vending standsmay be properly and satisfactorily operated."
In Attorney General’s Opinion O-1033 (1939),we held that the Texas Prison System couldnot 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'sOpinionw-496 (1958), this office again held that the Department of Corrects could not enter into an agreementwith 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 rehabilitatedunder 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 successof their business. So long as these individuals can complywith the statutesand rules and regulationswhich all bidders on all schoolbooks must comply with and be the successfulbidder, it is our opinion that "neTextbook Division of the Texas EducationAgency may contractwith and pay State funds to suchpersons in compliancewith such contracts.

SUMMARY The Textbook Division of the Texas Education Agency may enter into a contractwith and pay State Funds to a blind person who has been rehabilitated under the program sponsoredbyPii.Lon E. Alsup, page 4 (WW-766)

the State Commission for the Blind, so long as said individualhas complied with the statutes,rules and regulationsas a bidder, and becomes the successfulbidder.
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