GBRUD c. Au8rrus 11. - 

Mr. Tan C. King 

State Auditor 

Austin, Texas 

Doar Sir: o&ion No. O-550 

Ret Appropriation Bill 45th Lsgisrati+, 1957, Sec. 2(a) - InstitutG~'Reoeipts -- Board of Con-km1 

pruohaseo. 

;* Ik~hns'your latter OiXovember 9, 1929, requesting aa opiaion 

upont;he follorrlng~qu&i~mr~ 

"(1) Is fhe~'re&imnmt that supplies md equip- 

&t-f& &oh ltitittiti6ak 'be'w&aa6d througkthe 

Board of Eontro~,equally applicable fo saoh purohases 

.a8 ars @aid.for out oft ~~tutlonal~moeipts, under 

the l utbori* of~eaid~‘S&tion 2(a) ofths App?opriation 

bt? ,- : ~' 

'"(2) In the~~e&eptlon to .that ~Yequirameat, mlating to-*@r$atly perishable gOode*; the only exaeption 

non-in fo~pe, other Fan eat~++red of in the next 

qwstlon? 

*(S) Does %he la& aeatenoe of said Subseotion 15 

in the appmprtitioa Aot serve tot& suoh institutions 

out bf its operation totha ertent that they am thereby 

Qppowered~to ooatraot for pririting and stationery to be 

used for adminietratiw purposes, and not to be used or 

prOOeSS8d In anyway by+leJir owa printing p1ant?" .~.~. . . 

We lug to advise that gour firat.questioa rhould be ansmured 

-yes." .,. 

_ - 

Sootlon 2(h) of the Gelleral Apqropriation 4ot (46th Leg., Goa. 

8,s. p. 94%) doolareaa'. .c. 

~~"That~all~luian6e~ laths in6tifutional punds of 

ths sewral~Stato'institutions nPmod~ ln this Aot, at 

the 'ObSii OT the fisoal y8W endiag~Au@,u& Sl, 1937, 

iaoludfag balanoos in their revolving funds at that 

time, and the entire inoome to said funds during each 

of the tw fisaal ysars~ ending August 31, 1929, and 

August 51, 1929; which are not otherwise appropriated 

for either or both of said~fiscal years are herehJr 
Hon. Tan C. ging, Page 2 (0450) 

:‘. 

c 

appropriated for the support,~maintwnanoo,peration, and improvsment of said &ate institutions 

during sash of the said fisoal years, respectively." 

Article 624, R.C.S., declares: 

"The Bard of Control shall Rwohase all the 

supplies used by each Department ofthe &ate Govornsmut, including ths State Prison System, apd eaoh 

eleamosynary institution, Emsal sohool, Agrioultural and Msohanioal College, University of Texas, and 

each slid all other State Sohooleor Deparbpents bfthe 

State Go&meat heretofore orhereafteroreated. 

Suoh rrUpP1ieS to dnoludo furniture and PMmes, teohnisalinstruments aod.Imaks, andall other things 

required bythedifforent departments or institutions, 

exospt striotly perishablo goods." 

Art1010 642 further providee: . 

Vho Board shrllooafrpatf~r~1supplios,melc 

ohandise and artiolos of everyddesoription needed for 

the ~<e&noa and op&atioii of &oh institutions, 

oxoept those supplies designated as $srishaUe, and 

supplies of a special oharaotor, a8 books for libraries 

and supplies for tho labsratoriee and laboratory nork 

and inati%mtioa, and rqg spso3al supplies for iaetruotion, damon8tratioand rosoaroh for oduoatioaal~instltutioas, to'bj desd.@iated a's "Speoial 6upplies for 

Edu~ati&al Institutions.* The Board shall babe its 

soatraats upon estbnatos to bs f%rnished the RoaH by 

the superintendents, by the first of AprU of oaoh year, 

for the entire year.? 

Those and other gone& statutes make clear the state polioy 

that the Board of Coxitrol shall oontraot for the purohase of supplies for 

our State dopartmoats and institutions whore spesial exeoeptioa is not 

othersbe made,. __ 

So that, if Seotion 2(a) of the la& appropriation 4ot oould 

reasonably reosire the interpr&ation that it nas soatemplated suoh balances 

should bs expended in puroha808 by institutiona, it muld not require that 

oonstFwtL&, for~lt muld put the Appropriatida Aot in ooafliot with the 

general rtatutos ~above quotod, and it is well settledthat an appropriation 

bill ssnnot repeal or impair the foroe of a general statute. 
Bon. Tm C. King, Pags S (o-550) 

Your second question should likswise bs answered *yss," for 

"strictly perishable goods" ars exoeptsd from the provisions of Artiole 

654 above quoted. 

Subsection (13) of Section 2 of ths Appropriation &at referred 

to in your question NoJo. 3 is as followsr 

"All printing and stationery shall be purohased 

through the Board of Control aad shall bs confilled to 

such articles and quantities 6s seleoted and oontraoted for by said Board, except said printing provided by 

lawto bs dolle bp several of the State iastitutlon6. 

Ho ss0msaod or eagrsxed printing or stationery shall 

be purchased. This subsostion shall not be applioaU6 

to q in6titutioawhi6h operate6 its 01111 printing 

plant.' 

The obvious purpose of this subssstion isto exsspt those State 

institutions that ars authorized b general law tu print suohthiags, from 

ths requimmoatthat all printing and stationery for the State dspartmonts 

and institution6 shall be puPohased~thronghth6 hoard of Csntrol. Itnas 

not tiaPnt~theieby‘to'aut&riso those institutions emponsrsd to dosuoh 

printing to make'smtraotfor purchase of printing and 6tatioasryto be 

usod'for administration purposss and not to bs used or prooossod in any 

iiay * their own ~prtiing plant. In other lards, theexoeption oontained 

in'the last sentence of Subseotioc(lS) was meant to authoriso suoh 

institutions to do printing (as by gsnsral law they haw been authorised) 

I& not to contract for the purohase of printing and stationerg - this 

IsIng for ths Board. 

very truly yours 

0S:UR:egw 

APPRQVBD mv 17, 1939 

/s/ GERAiD C. ldA?TB 

&TTORNBY GEXEUL OF TExhs 

ATT.OREEYGEEER4LOFlEUS 

_ 

OoiS Spear 

Assistant 

Opinion Comittoe 

z::