# TRRATTORNEYGENERAI. OF TEXAS AUSTIN. **TBXAS** 78711

May 27, 1975 The Honorable John R. Bigham Environmental Affairs Committee House ofRepresentatives P. 0. Box 2910 Austin, Texas 78711 Opinion No. H- 616 Re: Authority ofthe 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 ofin 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 toyour 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 nojudicial decision which illuminates its meaning. It is settled, however, that the words ofa 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, 2ded., at 2083. A glossary of “Common Environmental Terms” compiled bythe United Statues Environmental I’rot<:ction Agency in~1973defines “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. ” ~.

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We have found no relevant definition which would indicate that

“recycling” ofwaste 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 .ofthe State Board of Contr~ol, from Senator Ron Glower, co-author ofarticle 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 ofthe 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 ofwaste paper under article 665b, V.T. C.S., to bidders ~whowill convert it to.new paper, but may sell such waste pauperto 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., 85S.W. 2d 294 (Tex. Civ. App. - Dallag 1935), dismissed as moot, 97S.W. 2d 673 (Tex. -- Sup. 1936), we may discern thenextent ofthe Board’s responsibility from article 665, Vi T. C.S., which provides that the Board of Control “shall have charge and control ofall public buildings, grounds and property ofthe,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 ,tothe predecessor of the Texas Department ofMental 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 ofall public -

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buildings. When the words ofa 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 ofall public buildings, it is ou,rview 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 ofwaste 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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