f, - R-838 

E NEY GENERAL 

EXAS 

October 16, 1947 

Hon. L. A. Woods 

State.Superintendent of Public Instruction 

Department of Education 

Austin, Texas Opinion No. V-407 

Re: Authority of State 

Board of Education 

‘to award textbook 

contracts to a publisher who 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’s bid 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’s bid proposed to 

sell a book to be included on the multiple 

list for use In the high schools, the book 

to be bound In two volumes rather than one, 

if the bid otherwls@ complied with the law, 

would it be invalid or illegal because of 

the proposal to furnish a book bound In two 

volumes? 

"(3) Does the statute prohibit the 

State Board 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 textbook which is comprised of more than 

one volume. 

Under Article 2843, as amended by S.B. 215, 

Acts of the 50th Leg., R.S., 1947, the Board 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 authorized by 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 

free high schools of this State. Article 2844 authorizes the Board to adopt supplementary readers and 

other supplementary books for the first seven grades 

and provides, also, that no supplementary books as 

distinguished from basal textbooks shall be purchased 

and used to the exclusion of the basal books prescribed under Article 2843. 

The Legislature has not defined the word 

'Textbook" as used in Articles 2842 to 28763, Inclusive. 

We believe, therefore, it is Intended that 'textbook" 

should be construed in the sense it is ordinarily used. 

A. G. Opinion Bo. O-2400. 

Webster's New International Dictionary, Second Edition, unabridged, defines "textbook" as follows: 

"Originally, a book on which a teacher 

lectures or comments; hence any manual of 

Instruction; a book containing a presentation 

of the principles of a subject intended to be 

studied by the pupil and ustd as a basis of 

instruction by the teacher. 

True, this definition seems to limit the word 

"textbook" as being one book, a single volume; 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 instruction means the book, or books, 

or the organic literary work prepared and submitted on 

the subject it proposes to cover, be it bound In one or 

more volumes. Conversely, a textbook bound in a single 

volume may contain several books;,towit, the Bible. Textbook" In this larger sense and in the sense ordinarily 

used refers not merely to a specific object called a 
Hon. 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 subject matter of which may be embodied 

in one or more volumes. 

Article 2848 provides that the Board of Education shall adopt those textbooks, basal and supplementary, which, in the opinion of the Board, “are most 

acceptable for use in the schools--quality, mechanical 

iE;;ruct$on, paper, print, price, authorship, literary 

an other relative matters 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 carefully and examined by at least a 

majority of the Board. By virtue of this statute, 

the Board could properly consider the practical problems of distribution arising from its adoption of a 

textbook which comprises more than one bound volume. 

Furthermore, there is nothing in this statute nor in 

any other brought to our attention which would prohibit the Board from adopting and entering a contract 

for a textbook on an authorized subject merely beoause 

it 2s offered or bound in more than one volume. 

Accordingly, our answers to the above submitted 

questions should be, and are, in the negative. 

SUMMARY 

The Board of Education, acting under 

and In aocordanee with 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 subjects which 

comprise more than one bound volume. 

APPROVED : 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

T ASSISTANT 

ATTORNISY GENlWAL 

CEO/djm/JCP 

Chester E. Olllson 

Assistant