GERALD C. MANN 

AUSTIN II. TEXAS 

Honorable L. A. Woods 

Superintendent of Public Instruction 

Austin, Texas 

Dear Mr. Woods: Opinion 'No. O-1377 

Re: <Sale of state-adopted text 

books to individuals and nonstate schools. 

We received your letter of August 31, 1939, requesting our 

opinion on the following questions: 

"(1) Would it be a violation of the law for the State 

Superintendent to authorize the business manager of a 

public school system to sell State-adopted textbooks to 

students other than public schools at the State contract 

price plus freight charges from the State depository (Dallas) 

to the point of delivery? 

"(2) Is a child or the parent of a child enrolled in t‘ne 

public schools entitled under U. S. 28766 to buy any n~mber of books he or she may desire from the local board of 

trustees at the regular contract price? 

"(3) In the event of such purchase is the State Superintendent of Public Instruction bound to honor a requisition 

of such local board of trustees to make up the deficiency 

in its supply occasioned by its sale of such books to such 

purchasers?" 

In answer to your first question, we find that Article 2871, 

Revised Civil Statutes of Texas, specifically provides for the 

sale of textbooks, in that the statute reads in part, as follows: 

"All parties with whom book contracts have been made shall 

establish and maintain in some city in the State a depository where a stock of their goods to supply all immediate 

demands shall be kept...Any person, school not controlled 

by the State, or dealer, in any county in the State may 

order books from the said State agent, or depository, and 

the books so ordered shall be furnished at the same rate 

and discount as are granted to the State; provided that in 
Hon. L. +. woods, page 2 O-1377 

such case the State depository, or agency may require that 

the price of books so ordered shall be paid in advance...” 

ArtidLe 2873, Revised civil statutes, provides that: 

“Books shall remain the property of the State, and after 

purchase through requisition according to the provisions 

of this Act, shall remain in the charge of the dlRtrlct 

school trusteea as the legal custodians of the books.. . .‘I 

,?.rtScle 28764, Revised Civil Statutes, reads: 

. ..Any book may be purchased from the State clepository 

designated by the contractor holding the contract for Bald 

book, by State institutions, or by private schools, or 

church schools, such purchace to be maab on the same terms 

as those giVen to the Stat@ for the same book.. . .I’ 

The provisions set out above reveal that it would be a violation of the Act for the State LSuperintenaent to authorize the 

bwiness manager to sell state-adopted textbooks to students of 

other than public schools since it is provided that books 

she’ll remain the property of the state and in the charge of the 

district school trustees. Sale of the books has been provided 

for by statute anu may be sold only in .the manner set out In 

the 33. 

Article 2876~1, Revised Civil &Statutes, providing for the purchase 

of book& by parents or pupils., reads as foll.Own: 

‘!Books may be bought from the local boards of trustees by 

pupils or parents of pupil s attending the public schools of 

the State, said board to fumi3h the books at the retail 

contract price.. . . .” 

,!.:.,nce the purc’nase of books frcm the locaL boards of’ trustees 

i.;; strictly llmited to pupils, or parents of pupils who are 

attending the public schools Gf the State, the abGve Act can 

be properly construed as meanin$ a reasonable number of books 

required for the pupils’ own use. Since free textbooks are furnished to all pupils in regular attendance in publlc schools, It 

ii; apparent that this prcvlsion wa s inserted 80 tha.t some adjustment or reimbursement cou:d be made for lost hocks. 

Xn view of our answer to your first end Second quectlons, your 

third question does not require an answer. 

APPROVED SEPT. 9, 1939 

GERALD C. M.&NN 

Yours very truly