OFFICE OF THE 

xmlorable Cleirlc Q#rit-Jlt 

state Poaxd OS Contxol 

matin, Texas 

ATTORNEY GENERAL OFTEXAS 

AUSTIN 

/ 
Eon. Clark Wright, mge 2 

h-tiole 646, Revised Btntutea, is: 

"The 3onrd shall in all oases reserve the 

right to reject or accept any md 011 bids, or 

reject In part if it pefers, aa In such ease 

they my buy in the open market until Q satisfactory bid 1s offered." 

~eglslature in eetabaad later tha State 

Board o? Control was to seoure for the state the beet pribes 

possible. 

101 s. &?%H 189 Tex 970 decided the erreat 0r resolutkl#J 

ur supreme court has rooent1y in Caples v; Cole 

by the use of'the fol.l&ing'langtlsger 

717, 

?It Is plain that the rwolutloa not only 

uudartnkea to interpret cr m~~trru whnt the 

Od&nal not ooatnined but n&so to read into 

m&id lnW vitmls and intentions not eu~~~sed l.n 

t$o&alitl~ot. Statukee eemnot be amended 

. Resolutions-play their part 

lnourleglslativehletory,and em ofienresorted to ror the purpose of exprsrrrd~ the will 

of the legl&.atua%, but atatutm eanmt be a~~smded by resolutdor~i Statutes my be interpreted 

or oonstrued by the same of suoosetU.ng leglsla- 

,tures in the manner prorided by the eonstitutien 

and uhile,such proeeaum ie not Oontmlllng it 

is persuasive with the courts in eons- sta- ' 

tutaa . The oonetitutlon hfm clearly re~r$ad 

them&ode to be pursued lntb enae iiDle3 

lams and tholr ansendraetis. Thr resolution does 

not meet the requlmnents prasaribed~ by the eonstitution end, therefore, eennot be aonsldered 

as amending the 1931 aat. We, met lnterpret 

the orl&xal aot as written.* 

&@.n 3.n the City of asso v, KaCraw, 97 5. vi. (8) 

I.27 Tex. ¶268, the court saper 

"It. is true thlat it is proper to look to 

all. parts 0S the 1egiailatiYe aet, in6luding the 

body oi the auf, the captioti and the eraergeacy 

olsuse to ascertain the legirlative i&e&, m 

when such intent is once asoertalned, ft f6 the 

law. In spitz? of t&Is mile, we think the words 
Clark wright* Page 3 

of ths smsrgenay olause to Chapter 453, supra, 

wsre not Intended as a llmitatlon on the aot 

itself but merely express the construotion 

placed by thatle&ialuture on an act pessed by 

a prior legislature. stloh legislative aonstruatioW3.s not controlling; on the other hand, it 

la entitled to very little weight.". 

In iumerous decisions the courts have laid dowu the 

rule that the public policy of a atate muat be determined by 

lta 8otmtItntion laws and judlolal declelons and that a state 

has no publio pc&cy properly oognlzabls by the oourts whiah 

is not detrlvwl, or derivable by cl8er implIoation, fromthe 

established laws of the state as found ln its oonstltution, 

etatutes and judlolal decisions. see 5o.c. J. 859, wyllls overland Co. T. Chapman, 206 a. W. QIS,Stiraus and Coapany Y, Canadian Paoifie Railway Company, 173 R. B. 964, and Week8 Y. Nsw 

York Life Xb6urms Company, 35 A. L. R. 14SS. 

WI, therefore, answer ymr qusstlon bpstatingthst 

the rssolutIon rsferred to in your Zettsr does net haps ths 

efi'ttot of mending or modifying the statutes oi the state In 

anywIse sad that a resolutloa oannot establish the p~ubllc policy 

of the at&e, but that the pubI. policy of this state Ie establIshed by Its statutes, oonstltution and oourt deeleiona and, 

thereiore, so tar as the Stats Board of' Conttil le oonoerned, 

its dtitIe8 ars sst out and the 1Indts OS It0 pmmr6'srs prsstmlbed In the statutes and that this duty and tbls poww Is not 

In anyrise ahanged by the resolution. In other woM$, the State 

Board of Control has the same powsrs and the fmas dissrstion 

whioh was vested in it prior to.the passage of the resolution. 

The Opinion of this depeztment dated Bay e3, 1938, 

referred to In frour inquiry is modiiled so as to eonform to 

this opinion. Bowever It should be stated that In that Opinion 

the oonstltutlonal question as to ths roree and effeot of a resolution was not oonsidered. 

YoursYerytruly 

Xt?X'ORll O-AL OF TRXii3 

APpROVE~Au& z.ii, i939 

ATTORNEY GEiU3W.L OF TEXAS