The opinion
. -
April 26, 1955
Hon. James,A. Bethea, M.D., Opinion No. s-156
Board for Texas State Hos- Be: Authority to deter-
pitals and Special Schools mine acceptability
BOX'S, Capitol Station of items purchased
Austin, Texas ,by Board of Control
for State Hospitals
Dear Dr. Bethea: and Special Schools
You have requested an opinion of this office concern-
in$;the authority to determine acceptability of Items pur-
chased by the Board of Control for State Hospitals and Spe-
cial Schools.
The applicable provisions of Vernon's Civil Statutea
are as follows:
"Art. 642. The Board shall contract for all
supplies, merchandise and articles of every des-
cription needed for the.maintenance and operation
of such institutions, except those supplies desig-
nated as perishable,'and supplies of a special
character, as books for libraries and supplies for
the laboratories and laboratory work and instruc-
tion, and any special supplies for Instruction, de-
mqnstration and research for educational institu-
tions, to be designated as 'Special~S~uppllesfor
Educational Institutions'. The Board shall base
its contracts upon estimates to,be furnished the
Board by the superintendents, by the firfltday of
April of each year, for the entire year.
"Art. 652. The supplies and articles fur-
nished ,underall bids and contracts shall be such
as called for by requisition of the superintendents
of the several institutions. Each article shall be
equal to the sallfple
which is required with thenac-
companying bid.
Hon. James A. Bethea, 9&D. Page ,2,
"Art. 653. If supplieir delivered under con-
tract are not equal to the samplel( the superinten-~
dent ahall refuse to accept them,
“Art. 654, The eetimatea upon which adver-
biaements and,‘c~ontracta are made shall aa near a8
practicable state the quantity and quality of the
a&i&es and supplies ne8dedc
nAre, 660. In cae,e of emergency, and where
articles are neceesary and needed by any~~ilujtitu-
tion, and it ia impracticable.to Include them in
~the annual contract, the euperintendent ehall make
a requisition for @ame to the Board of Controlj.
and the Board may forthwith purchase such article
in the,open market,’
“Art. 661. Furniture or equipment for ed:
ucational institutions shall be o,f,,the particular
kind and make as reqdiisitioned by such in&it+
tion and approved by the Board.”
In Attorney General’& Opinion v-1462 (1!?52), it waa
held that “ail contracts f,or the eonatruction of bulldifig8
for the various inatitutiona under the management Andycontrol
of the Board for Texaa State Hoepitala and Speoial,Gchoola,
and the construction work itself, atie subject to review and
approval of the State Board of Control”. This opinion waB
based on $he proviaione of Article 70470-1, Vernon’8 Civil
Statutes, which providea that , , , “all contracta made
for and the final,acceptance in~connection with euoh con-
atruction other than.the plana and specifications, shall b;
subject to the review and approval of the Board of Control 6
The Legislature haa not provided a similar qtatute with re-
ference to, the purchase of suppliee for the institutions,.
Rather, Article 653 providea that “If eupplies delivered
under contract are n& equal to the sample, the superin-,
tendent shall refuse to acoept them”.
Hon. James A. Bethea, M. D. Page 3.
It 1~~ therefore, our opinion that the receiving
agent of supplies Is the agency of the State to deter-
mine the acceptability of items purchased.
SUMMARY
The agency of the State receiving sup-~
plies purohased by the Board of Control Is
the agency to determine the acoeptability
of such items.
Yours very truly,
APPROVED: JOHNBEN SHEPPERD
Attorney General
J. C. Davis, Jr.,
County Affairs Division
.
Enos T. Jones
Reviewer
Assistant
J, A. Amis, Jr.
Reviewer
Robert S. Trotti
First Ass~iatant
JR:zt