July 29, 19% 

Hon. Robert S. Calvert 

Comptroller of Fubllc Accounts 

Capitol Station 

Austin, Texas Opinion No. S-75 1 

Re: Valldlty of a contract for 

prlntlng and stationery for 

the Legislature which ya6 

not let on competitive bida 

and approved by the Qouernor, 

Secretary of State., and 

Comptroller of Public Accounts prior to performance 

Dear Wcr Calvert: under said contract. 

You have requested an opinion on the following 

questions: 

"l.~Does the Legitilature have $he 

authority to provide for s~tatlonery and prlntlng, binding, equipment, and secure repalrs 

for the use of the Legislature without the 

'"'letting of a contract upon competitive bids? 

"2,.IP contracts must be let for,prlntlng and binding, do they require appro.val 

of the Covernor, Secretary of State, and. 

Comptroller? 

“3. If the above listed Items must be 

obtained or performed under contract, doea 

Article 616 aleo apply? 

"4. After a regular aontract has been 

let to the lowest responsible bidder for all 

stationery, prlntlng and binding, and the 

repa,lrlng and the furnishing the halla~ and 
. . 

Hon. Robert S. Calvert, page 2 (S-75) 

rooms used for the meeting of the Leglslalx+ and Its committees, should the Leglsla- ., 

ture disregard the regtilar‘kontkatit and purchase any or all of the Items, listed above 

from a person other than the lowest bidder 

in the regular contract and at a price equal 

to or less than the price set out In the 

regular contract, would the Governor, 

.Secretary of State, and Comptroller be authorized to approve this last purchase by the 

Legislature and would such approval authorize the Issuance of warrants In payment of a 

claim for such purchases?" 

Section 21 of Article XVI of the Constitution 

of Texas, ~provldeti: 

"All stationery and printing, except 

proelamatlons and such printing as may be 

done at the Deaf,and Dumb Asylum, paper, and 

fuel used In t~he Legislature and other departments of the government, except the 

Judicial Department, ,shall be furnished, and 

the printing and binding of the laws, journals 

*y,and department report,s, and all othe,r prlntlng and bfndlng and the repairing and furnishing the halls and,rooms used for the 

meetings of the Legislature and lts~commlttees,, 

shall be performed under ,contrabt, to be' 

given to the lowest responslble,bidder, below 

such n+xlmum price, and under such regulations, 

as shall be preacrlbed by lay,. No member or 

offioer of any department of the gov.ernment 

shall be In any way Interested In such contract; and all such contracts shall be subject to the approval of the Governor, Secretary of State and Comptroller." 

The provisions above quoted~are mandatory and 

the approval of the Governor, Secretary of State and 

Comptroller Is essential to the validity of any contract 

govkrned by Its provisions. Teer v. Mcknn, 65 S.W.2d 

362 (Tex.Clv.App. 1933). In State v. Steck Co.., 236 
‘\ 

A-. 

Hon. Robert S. CBlveet, page, 3, (S-75) 

,S.V.2d 866 (Tex.Clv,Apti. 19511 errorrei.) the 00wf held 

Invalid a contract for the manufacture of clgarette:,tq 

atampe which had note .been let on. a mmpetit~ive .-bid bsrrla 

and me not approved,~.by’ thb:. Oo+rnW,, Secretary *of .Btat,e, 

and Comptroller. The Court s:tated: 

11 

. , . There the CQurt~ f~ur$d ~tl%e Etiw 

, .were “I*anufaotured’.; if 80, then the oqnpact 3’or their nuihutW,Wre~ Creae ~reWlmd. .W 

be awerd,ed ‘in the manner provided in ~+iPt. 

‘, 7047e-1, Set, 3, mpra.. If sprinted, .then 

~,.such contmat ,wa# required. $0 be 8wmdql fn 

the’ manner, ~movlded: IWthat Artiale aq! ,*$a~~,, 

Art, XVI.,, .sec. 23 ,of ,me conati$ution,. mwrh 

.: “A . . 

.,,,. . .,. !, .I 

II 

. . . . In ~m&ng the $$mtrao*, baiozku&, 

..~ the ofricera, of ‘th&,Stat;e. .jmild exeralee only 

‘: those pouem upnferred on thetu by the law .qi 

the Statue, and the power t,o’ make ; the son- 

. 

,$rac,t., .aa it: war,, mde,. .ia., not ~$ravided !+ 

that ‘Im, fo&q ~,whlqh”reaeon. .a ~l@gal. ~~~lg8~ 

,tlon ‘against the Stafe~ was not : oLyBe$sd ‘%y 

the umiuthoalaed cont$met,., tilid,ap,pe&&W!,& 

$m:yaa not grovidod i?or by .,m?-exNting 

PO& North :CavaUr Club, a, ;SheM,:.;, 

125 GOX. 339, 83 S.N..?d~66Ol..Au&ln ,N&lenal 

Bank v.’ Sheppard, 123 'Tex,, ~272~~ 71, S42d ~ 

2421 Nlcholr v. State, 11 TexXiv~iApp., 327, 

32 &W.W. ‘45% Er&M’.i State v~. .Psrl+ln. ’ 

Tqx.CIv.App~. , 79 S.W.2d 143, .Br.Dio. 

In ~vliw tir the foregciing qe, at&qW &ii Wu? 

tm0 (~0~ ~r0iww.: .* 

l., The Legislature doer no+ have authoritY t;o 

provide for stationery and printing,. binding, QQIPipauti~~ 

and repairs Sclr the we ot the I@girl,atW?e Withput. ,%&O 

letting of a c.ontraot upon oom&iz,$abl,@. N+C@I&, 

hart, XVI, Seo.21; Teer. V, MC 1 

co., 

&tiate v.~ S&a* 

aupra. 

2. Such contrapts mua* b@ ~approyad ,by .&he 

Governor, Sewetary of estate and ComptrolJej?,. ?peSr Q ~. 

McOsnn, supra. 

.,’ . 
. f 

Bon. Robert S. Calver,t, page 4 (.S-75). ,~’ 

*: 

._ 

- 

s 3,* -Article 616; Vernon’s ~~.tii’l Statutee; appl~les @ ,suoh contrac~ts for printing and atatlonery. However, the CoinptrQ43er can only ,approve :suoh acoounts. if 

the contract ‘Wet+“th.e requiremeats of Se&&n 21’ of :Article 

XVI of the Constitution of Texas. 

,- 

‘. : ~4.’ Supplies, atid se,rvices enumerated .in Section 

21 ‘of Article XVI bf: the Constitution o’f .Texas ‘.oannot be 

purcha,sed,, from~ anyone ,who dde~s not hold a ootiract therefor which has been let on competitive bids and which has 

been approved by the Governor, Secretary of .State, and 

ComptrolY.f3, even though’,the price’ pa~id Wnot In excess 

of the ‘regular do,ntract price then lri force ,for similar 

supplies. and. zaez%Lces. If additional sup&ies or services 

not covered by th,e original contrac.t are needed, 8, new 

contract must be entered into for such addltlonal suppl,les 

or services in. compliance with Section 21 of, Article XVI of 

the Cotisti.tut$o$‘~ ‘State, %?.~’ ~S$eck Co.. , ,suwa. 

. .sup@f&qy ~:. .: ~‘~ 

.,, :’ 

Section 21. of. Art+zle m, ‘of’ th&o&stltution ef Teixas requires that statxiwqry .and’ 

prin,ting, ;bbitid,ing, and the’ repa.ir*ng, and. furnishing of ~thi? ~:hal,ls and rooms used, for meCinga. of 

the’ Legi~slature ,be .‘furnished by the l$&Wtig~ of 

con.traM% o;zi oompetiti.ve bids ~jind that Che conWacta ‘be, approved by.1th.e~ Governor, Secretary :: 

of Sta.te arid Coinptroll.er. ~‘, 

,‘.’ 

APPROVED: 

~>>, .,.I ~. ,.y,, 

B. Duncan Davis 

County Affairs Division 

‘; 

Mary E. Wall 

Reviewer 

‘~ 

Robert S., Trot&. , 

First Assistant 

John Ben, Shepperd 

Attorneys Gjneral. 

JR:am 

.: