OFFICE OF THE ATTORNEY GENERAL **OF TEXAS**  **AUSTIN**

**GROVERSELLERS ArrOIWW** 

**GENI ”** **AL**

Hon. L. A. woode State Superintendent of Publio Instruction **Austin,** Texan

Dear Sir: Opinion 

### Ilo. o-n5a Rcr Whether State Boanl oi Bd tion is author;zed to e4+ - er!>

tented to dote

been recelrod and carequote ima your re-

“In the past your depnrtmcnthas ruled that a contract for the rebinding of State owned textbooks should be let by the Sate **Board** of Control, and when the questim’of hnving tests made of the componentmaterials of
rree textbooks came beiore the ?tate Board of EducationHon. L. A. Wood8 - **Page 2** 

for its consideration, the question van relsed as to vhether or not thlr vould be be a proper function of the Board of Education or ot the Board o? Control.

"Severalyears ago the State Board of Eduoatlon approved the manufacturingstandardaand speclilcatlonn

an net out in the attached Form A ontltledOfflalalMlnlmusManufacturingStandards nnd Zpeclilcatlonnfor Textbooks. Those speclflcationn and &tandarcls have nov been adopted by at leaat tvelve states and vere orlglnallyworked up from the epeclflcatlons prepared ln the local Textboo'r

Dfvlslon. These speClflC8tlonsand standardshave also been adopted by the Book Manufacturers'Instituteof the United States for the manufnctureof textbook8 ln all statesvhlch have free books.

"The State Board at Education has at no tlme elnce the adoption of its otflclalmlnlmum msnufacturing standatisand specificatloas had any method by which It could tietermlne with eny degree of exactnessvhether or not its epecitlcatlona vere balng compliedwith in the manufacture of textbooks. The only method of determlnlng such mntters in the paat has been by visual and manual examinationof bound volumesvlthout the aid of lnatrumenteor speclflc scientificteats OS any kind. Hove:er, it is provided in Article 2848, R.C.9. -that The text books ahallbe selectedand adopted ;&eE a careful examlnatlonand considerationof all books presented,and the booka selectedand adopted shall be those vNch, in the opinion of the Commlseion,
are most acceptable for une in the schools -- qualltg,mechanical construotlon. paper, prlnt, authorship,literarymerit and other relevarlt matter4 being given zuch weight in **making** its decision as the Comalaoionmay deem advisable.'

'In view of the fact that the State Board of F'ducatlon

purchasesannuallynoproximatelytvo mllllon flallars

worth of 3tate textbooksand that the books ln the F',tate

reproaenta continuoUs investnentof from six to eight nlllion dollars, It seems that lt.

Hon. L. **A.** Voode - Peg8 3

vould be rlealxsble to have access to some agency through vhlch it oan ba definitelydetermined tlmt there productsare being mnufaotursd in such manner am to protect the fincal lntorestrof the State and at the same tlms provide the childrenof the State with the beet content meterlale of the reepeotlve rmbjectsfor a’progresslve educationalprogram. The follovlng 14
an example of vhat could happen if certain types of textbook8~41-4

made of poor materials or vem poorly mnufactured and vould not stand up to the hard wage to which suchbooks are nubJetted in the hands of the children In the upper elementarygradeer A certain textbook in the eubject of United Staten Xlrtorynov under contract la purchased at a cost of $1.47. In the three years that thle book ha8 been under contract the &ate haa purchasedapproximately120,000 copies at an approximatecant 0f $175,000.00. The book 14 under contract for three more yearn. Should the lZO.OOO copier nov in the State becauee of poor waponent materialsor poor manufacturlng standardsgo to pieces ln the next year or tvo, the coat of replacementsfor thla
ono title could very easily be practically doubled,vhereas a book of eimllar type and coat vhlch 1s composed of standardmaterials a&i vhlch 1s produced under atandmd manufaoturlngprocesses can be maintained in tb.achools for six yeara at nn average total replacementcost of from fifteen to tventyfive prr cent of the pumhase price of the original number needed to completely supply the schools.

“Ccrtaln contactshave been made and It 1s deflnltely established that there are testing laboratories In the State vhooe ovners and employees together ere adequatelyprepared and equlpmentis available for ranking

such tents as vi11 determinethe quality of naterfals employed in the manufacture**of** State ovnod textboQka. Moreover, the testing procedureand the tests th4ms4lveanre ~11 !:et out In Column 22, Peg4 3 of Form **A.** kinimum t!enufacturing Standardsend 3peCific8tlons for Textbooko.

'%c shall be qlad to i-iive your oplnlon vlth renpecf;

to 9ur original questionat your early convenience.

### ‘760

-

Hon. L. **A.** Vooda - Page 4

Artlole 2848, Vernon'sAnnotatedTexaa Civil 3tatuter,read4 a8 follov4r

"It ahall be the **duty of**  **the** conlmdon to meet at the time end place mntloned in the notice w&d advertleewnt, end it shall then end there open and U(Udn8 the sealed proposal4 received; and it ahall be the duty of the c&esion to mke a full and complete l.nve4tlgatlon of all the book4 and bide acoompenyingthe aen. The textbooks&all be eeleotedand hdouted aftra careful examlnatlonend oonetderatlonof 411 booke presented.end the books eolectedsnd adopted shafl be thosewhich In the oulnlon of the c~ealon ore moat acceptable for uae in the schools - uuallty, mechanlcelconstruotlon.D(rger. print prloe, authorship.literary merit and other rsPevant mettorebeing Riven eucn veiuht in **mawina** its declslon a4 the co~lsslon s!ay deem advls8ble. The cormisslonshall proceedvlthout delay to edopt for **uae** in the publio schools of thlr State textbooks on all branch44 hereinbeforementlonedt provided, that if the bids aubmltted to said COPmias1011

should not be astirfactory

### to BSid comnlsslon, they nsy portpone the seleatiori of such book4 or a p6rt thereof to such tirab Pa they My select, and atter the 8ame la readvertlredd, nev bids nay **be** received and acted on by ouch coamlsrlon a4 provided for ln this **Act;** provided. that no textbook shellbe edopted until it ha4 been read carefully rind examlnedby at least a maJorlty of the ~ommleslon.~ **(Underrcoriag** oure)

The State Textbook Commlsalonha8 **been** abolished and its duties vere transferredto the **state** Board of xducation. 344 Article **2t575b-5, Vernon** **’ s**  Annotated Tex44 Civil Statutes. Opinion Ro. C-401 of thla depertmnt le the opinion referred to in your letter,vhlch holds that a mmtrect for rebindingof State ovned textbooks should be let by the 3tate Board of Control. However, thla holding vhs based on the specific provisionsof Article 608, R.C.3. end
ve thiuk has no sppllcatlon **to** t&e **queatlon** submittedby you.

r&my atetutea deal vlth the euthorlty of the Board of Control to let contrects for the purchase of 3tete supp1i48,Ron. L. **A.** Woods - Pege 5

printing,

### eta. but ve am umble to find any statute giving the Board of Control eny authority or jurisdictionover the letting o? a contract similar to the one inquired about in

your letter, and it la thereforeour opialon that the Board of Control has no authority or duty to let the contract Inquired about.

It ls.our further opinion that Article 2848, **supm,** la breed enough to authorlre the Board of Educatltm to enter Into the contract inquiredabout.

It is our further opinion that there i8 en evallable appropriationfrom which payment of such contract could be nrado. This appropriationla found under the title “Text**book** Dlvlsion sud Textbook Depository”,is a part of the appropriationaprovided for the State Board of Education, la i’ound on age 851, Vol. 5, Vernon’s 1945 Texan Session Lev Scrvlce, and made ae Sollovsr

“It la provided that any amount expended for TextbookAdainlatratlon,includingnev textbookr, rebinding,and my other exDe,ensee connected therevith, shall be paid **out** of the State Textbook Fund.” (Underscoring

ours) Trunting that this satisfectorily anavera pour inquiry,
ve are Very truly **your8**

ATTORNEYOWERALOF TEXAS

**BY** Wm. J. Fe-Xl% u
- Asslstnnt **WJFr**BT