f, - R-838

E NEY GENERAL

EXAS

October 16, 1947

Hon. L. A. Woods State.Superintendentof Public Instruction Department of Education Austin, Texas OpinionNo. V-407

Re: Authority of State Board of Education ‘toaward textbook contracts to a publisherwho proposes to supply one textbook bound in two volumes.

Dear Sir:

We refer to your letter of recent date where-~ in you request an opinion of this office relative to the authority of the State Board of Education in awarding textbook contracts, and wherein you submit the following specific questions:

“(1) If a publisher’sbid proposed to sell a basal book for use in the elementary grades bound in two volumes, rather than one,would the bid, If otherwise in conformity to the statute,be invalid or illegal because the proposal was to furnish a book bound in two volumes?
“(2) If a publisher’sbid proposed to sell a book to be included on the multiple list for use In the high schools, thebook to be bound In two volumes rather than one, if the bid otherwls@ compliedwith the law, would it be invalid or illegalbecause of the proposal to furnish a book bound In two volumes? "(3) Does the statuteprohibit the StateBoard of Education’s awarding a contract on a bid where the publisher proposes to supply one book bound in two volumes, rather than in one volume?”..

Eon. L. A. Woods, Page 2 (V-407)

The primary question involved concerns the authority, if any, of the State Board of Education, acting under the provisions of Article 2675b-5(e), and Articles 2842 to 28763, V.C.S., to enter a contract for a textbookwhich is comprised ofmore than one volume.

Under Article 2843, as amendedby S.B. 215, Acts of the 50th Leg., R.S., 1947, theBoard of Education is authorized to seleCt and adopt a uniform system of basal textbooks to be used in the elementary public free schools of Texas covering the certain subjects listed therein. Said Board is further authorizedby said statute and Article 2844a,V.C.S., to adopt a multiple list of basal textbooks covering certain designated subjects to be used in the public freehigh schools of this State. Article 2844 authorizes the Board to adopt supplementaryreaders and other supplementarybooks for the first seven grades and provides, also, that no supplementarybooks as distinguished frombasal textbooks shallbe purchased and used to the exclusion of the basal books prescribed under Article 2843.

The Legislaturehas not defined the word 'Textbook"as used inArticles 2842 to 28763, Inclusive. We believe, therefore, it is Intended that 'textbook" shouldbe construedin the sense it is ordinarilyused. A. G. Opinion Bo. O-2400.

Webster'sNew InternationalDictionary, Second Edition, unabridged, defines "textbook"as follows:

"Originally,a book on which a teacher lectures or comments;hence anymanual of Instruction;a book containing a presentation of the principles of a subject intended to be studiedby the pupil and ustd as a basis of instructionby the teacher.

True, this definition seems to limit the word "textbook"as being one book, a singlevolume;but in the larger and ordinary sense,we believe that a "textbook" on a particular subject designed to be studied and used as a basis of instructionmeans the book, or books,
or the organic literarywork prepared and submitted on the subject it proposes to cover,be it bound In one or more volumes. Conversely,a textbookbound in a single volumemay contain severalbooks;,towit, the Bible. Textbook" In this larger sense and in the sense ordinarily used refers not merely to a specific object called aHon. L. A. Woods, Page 3 (V-407)

book which can be held In one’s hand, but means an assembly or concourse of ideas on the subject expressed in words, the subjectmatter of which may be embodied in one ormore volumes.

Article 2848 provides that the Board of Education shall adopt those textbooks,basal and supplementary, which, in the opinion of the Board, “aremost acceptable for use in the schools--quality,mechanical iE;;ruct$on, paper, print, price, authorship, literary

an other relativematters being given BuCh weight in making its decision as the Board may deem advisable” and no textbook shall be adopted until it has been read carefullyand examinedby at least a majority of the Board. By virtue of this statute, the Board couldproperly consider the practical problems of distributionarising from its adoption of a textbookwhich comprisesmore than one bound volume. Furthermore, there is nothing in this statutenor in any otherbrought to our attentionwhich would prohibit the Board from adopting and entering a contract for a textbook on an authorized subjectmerely beoause it 2s offered or bound inmore than one volume.

Accordingly, our answers to the above submitted questions shouldbe, and are, in the negative.

SUMMARY
The Board of Education, acting under and In aocordaneewith the provisions of Article 2675b-5 (e),and Articles 2842 to 2876j, inolusive,V.C.S., has discretionary authority to adopt textbook.s, basal and supplementary,on authorized subjectswhich comprisemore than one bound volume.

APPROVED: Very truly yours ATTORNEY GENERAL OF TEXAS

T ASSISTANT ATTORNISY

GENlWAL

CEO/djm/JCP Chester E. Olllson Assistant