GERALD C. MANN **AUSTIN II.**  **TEXAS**

Honorable L. A. Woods Superintendentof Public Instruction Austin, Texas Dear Mr. Woods: Opinion 'No.O-1377 Re: <Sale

of state-adoptedtext books to individualsand nonstate schools. We 

### receivedyour letter of August 31, 1939, requesting our opinion on the followingquestions: "(1) Would it be a violation of the law for the State Superintendentto authorize the businessmanager of a public school system to sell State-adopted textbooks to studentsother 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 entitledunder U. S. 28766 to buy any n~mber of books he or shemay 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 Instructionbound to honor a requisition of such local board of trustees to make up the deficiency in its supply occasionedby its sale of suchbooks to such purchasers?" In answer to your first question, we find that Article 2871, Revised Civil Statutes of Texas, specificallyprovides for the sale of textbooks, in that the statute reads 

### inpart, as follows: "All parties with whom book contractshave been made shall establishand maintain in some city 

### in the State 

### a depository where a stock of their goods to supply all immediate demands shallbe kept...Anyperson, schoolnot controlled by the State, or dealer, in any county in the Statemay 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 inHon. L. +. woods, page 2 

### O-1377

such case the State depository,or agencymay require that the price of books so ordered shall be paid 

### inadvance...” ArtidLe 2873, Revised civil statutes,provides that: “Books shall

### remain theproperty of the State, and after purchase through requisitionaccording to the provisions of this Act, shall remain in the charge of the dlRtrlct school trusteea as the legal custodiansof the books..

..‘I ,?.rtScle

28764, Revised Civil Statutes,reads:

...Anybook may be purchased from the State clepository designatedby the contractorholding 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-adoptedtextbooks

### to students of other than public schools since it is provided that books she’ll remain the property of the stateand in the charge of the district school trustees. Sale of the books has been provided for by statuteanu 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 pupils attending the public schools of the State, said board to fumi3h the books at the retail contract price..

...” ,!.:.,nce the purc’naseof books frcm the locaL boards of’trustees i.;; strictly llmited to pupils, or parents of pupils who are attending the public schoolsGf the State, the abGve Act can be properly construed as meanin$ a reasonablenumber of books required for the pupils’ own use. Since free textbooks are furnished to all pupils in regularattendance in publlc schools, It ii; apparent that this prcvlsion was inserted 80 tha.t some adjustment or reimbursement cou:dbe 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