TRRATTORNEYGENERAI. 

OF TEXAS 

AUSTIN. TBXAS 78711 

May 27, 1975 

The Honorable John R. Bigham 

Environmental Affairs Committee 

House of Representatives 

P. 0. Box 2910 

Austin, Texas 78711 

Opinion No. H- 616 

Re: Authority of the Board of 

Control underarticle 665b, 

V. T. C. S. 

Dear Representative Bigham: 

You have requested our opinion regarding the authority of the Board of 

Control pursuant to article 665b, V. T. C. S., which provides: 

The State Board of Control shall establish and maintain 

in each public building under its control facilities for 

collecting separately from all other w~astes all the 

wastepaper disposed of in that building. The board 

shall sell the wastepaper for recycling purposes to 

the company which submits the highest bid for the paper. 

Specifically, you ask whether the Board is required to sell this waste paper 

only to bidders who will recycle it into new paper, and, in addition, you 

inquire as to which state office buildings article 665b, V. T. C. S., is applicable. 

The answer to your first question depends upon the interpretation of 

the phrase “for recycling purposea” The term “,recycle” is not defined in the 

statute, and we have discovered no judicial decision which illuminates its 

meaning. It is settled, however, that the words of a statute are ordinarily to 

be given their plain meaning. Attorney General ~Opinion No. H-193 (1974). 

The ordinary meaning of “recycle” is ‘!to pass again through a cycle or changes 

in treatment. ” Webster’s New International Dictionary, 2d ed., at 2083. A 

glossary of “Common Environmental Terms” compiled by the United Statues 

Environmental I’rot<:ction Agency in ~1973 defines “recycling” as “the process 

by which waste materials are transformed into new ~products in such a manner 

that the orjgikal products may lose their identity. ” ~. 

p. 2729 
The Honorable John R. Bigham - Page 2 (H-616) 

We have found no relevant definition which would indicate that 

“recycling” of waste paper need be limited to its reconversion into’ new paper. 

Our conclu~sion is consistent with a letter dated July 25, 1974, to Mr. Homer 

Foerester, Executive Director .of the State Board of Contr~ol, from Senator 

Ron Glower, co-author of article 665b. Senator Glower stated that: 

[Ilegislative intent as expressed in the phrase 

‘recycling purposes’ was not limited to selling the 

waste paper only to contractors who would reuse it 

in making other paper. Recycling implies the reuse 

of the resource, butmt necessarily in the same manner 

;as it was originally used. 

It is therefore our opinion that the Board of Control is not required to restrict 

its sale of waste paper under article 665b, V. T. C. S., to bidders ~who will 

convert it to. new paper, but may sell such waste pauper to any bidder who will 

recycle it in some other manner. 

As to your second question, article 665b, V. T. C. S., requires the 

Board of Control to collect waste paper for recycling,purpdses in “each public 

building under its control. ” (Emphasis supplied). Since statutes in pari 

materia are to be construed together, Hurt v. Oak Downs, Inc., 85 S. W. 2d 

294 (Tex. Civ. App. - Dallag 1935), dismissed as moot, 97 S. W. 2d 673 (Tex. 

-- 

Sup. 1936), we may discern then extent of the Board’s responsibility from 

article 665, Vi T. C. S., which provides that the Board of Control “shall have 

charge and control of all public buildings, grounds and property of the, State 

II 

. . . 

‘The control of certain public buildings is~ specifically committed to 

other agencies. See,c.g., article 3174b, section 2, V. T. C.S., which transferred the control and management of the Texas State Hospitals and Special 

Schools from the Board of Control ,to the predecessor of the Texas Department 

of Mental Health ad Mental Retardation. In these instances, the more specific 

statute must be deemed to prevail over the general languageof article 665, 

V. T. C. S. .GMC Superior Trucks, Inc. v. Irving Bank and Trust Co., 463 

S. W. 2d 274, 276 (Tex. Civ. App. -- Waco 1971, no writ). In all other 

cases, however, we are obliged to follow the clear meaning of the statutory 

language, which declares that~ the Board shall.have control of all public 

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p. 2730 
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The Honorable John R. Bigham - Page 3 (H-616) 

buildings. When the words of a statute are neither indefinite Norm misleading, 

there is no need to look beyond the words of the statute to determine its 

meaning. Sabine Pilot~s Ass’n v. Lykes Brothers Steamship, Inc., 346 S. W. 

2d 166, 169 (Tex. Civ. App. -- Austin 1961, no writ). 

Since we believe that article 665, V. T. C. S. unambiguously confers 

upon the Board of Control the control of all public buildings, it is ou,r view 

that, except as limited by a more specific statute, article 665b, V.. T. C. S., 

is applicable to all state office buildings. 

SUMMARY 

The Board ‘of Control is not required to restrict its 

sale of waste paper under article 665b, V. T. C. S., 

to bidders who will convert it to new paper, but may 

sell such waste paper to’any bidder who will recycle 

it in any manner. Article 665, V. T. C. S., is applicable 

to all public buil,dings except those whose control is 

committed by statute to an agency other than the Board 

of Control. 

Very truly yours, 

Attorney General of Texas 

DAVID M. KENDALL, First Assi,stant 

C. RCBER.f Hl,:ATH, Chairman 

Opinion Committee 

jwb 

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