Untitled Texas Attorney General Opinion ( 1968 )

Dr. John Kinross-Wright, M.D. Opinion No. ~-316 Commissioner, Texas Department of Mental Health and Mental Retardation Box S, Capitol Station Austin, Texas Re: Whether the Board of Control can purchase drugs, equipment and fixtures for community mental health and mental retardation centers established under Article 5547-203, Vernon's Civil Dear Dr. Kinross-Wright: Statutes. Your request for an opinion reads as follows: "Pursuant to authority contained in Article 5547-203, Texas Civil Statutes, approximately ten connnunitymental health and mental retardation centers have been established in this State and are receiving grants-in-aid from the Texas Department of Mental Health and Mental Retardation pursuant to Article 5547-204, Texas Civil Statutes. If these community centers could purchase drugs, fixtures, and other necessary equipment through the Board of Control it is felt a great deal of their financial resources could be saved. "Wherefore, your opinion as to the authority of the Board of Control, under the State Purchasing Act of 1957 being Article 664-3, Texas Civil Statutes, to purchase these supplies for these community centers is respectfully requested." Article 664-3, Vernon's Civil Statutes (State Purchasing Act of 1957) is an act prescribing the method to be used by the State Board of Control in making purchases of supplies or -1538- Dr. John Kinross-Wright, page 2 (M-316) materials for certain agencies of the State of Texas. Section 5 provides: "Sec. 5. The Board shall DurchSSS all supplies, materials, services and equipment used bv each Depart- ment of the State Government,including the State Prison System, and each eleemosynary institution, Teachers College, Agricultural and Mechanical College, University of Texas, and each and all other State Schools or Dewrtments of the State Government heretofore or hereafter created, such supplies to include furniture and fixtures, technical instruments and books, and all other things required by the different departments or institutions including perishable goods. The Board is given legal authority to delegate purchasing functions to agencies of the state. Purchases of supplies, materials, services and equipment for resale, for auxiliary enter- prises, for organized activities relating to instructional departments of institutions of higher learning, and for similar activities of other State Agencies, and purchases made from gifts and grants, may be made by State Agencies without authority of the Board. The Board shall purchase all motor vehicles used for transporting school children, including buses, bus chassis, and bus bodies, tires and tubes, for school districts participating in the Foundation School Program as provided by Chapter 334, Acts Slst Legislature, Article V, Section 3. The Board may also provide for emergency purchases by any Depart- ment or institution and may set a monetary limit on the amount of each emergency purchase." (Emphasis supplied.) The phrase "Department of the State Government" is defined in Subdivision C of Secticm 3 as follows: "The term "Department of the State Government" includes only departments and agencies of the Woe heretofore required to make purchases throush the Board of Control. River authorities, conservation and reclamation districts, and other political sub- divisions created bv the Lesislature are not required to purchase throuqh the Board of Control unless some -1539- Dr. John Kinross-Wright, page 3 (~-316) other statute specifically requires it." (Emphasis supplied.) A community mental health and mental retardation center is defined in Section 3.01 of Article 5547-203, Vernon's Civil Statutes, as follows: "Community centers "Section 3.01 (a) One or more cities, counties, hospital districts, school districts, rehabilitation districts, state-supported institutions of higher education, and state-supported medical schools, or any combination of these, may cooperate, negotiate, and contract with each other through their governing bodies to establish and operate a community center. (b) As used in this Act, a "community center" may be: (1) a community mental health center, which provides mental health services: or (2) a community mental retardation center, which provides mental retardation services: or (3) a conununitymental health and mental retardation center, which provides mentalhealth and mental retardation services." In view of the provisions of Section 3.01 of Article 5547- 203 above quoted, it is our opinion that such community health center is not a "Department of the State Government" and does not fall within the definition of "Department of the State Government" within the meaning of State Purchasing Act of 1957. You are therefore advised that the State Board of Control is not authorized to purchase supplies for such community health centers. -1540- Dr. John Kinross Wright, page 4 (K-316) SUMMARY State Board of Control under the provisions of Article 664-3, Vernon's Civil Statutes (State Purchasing Act of 1957) does not have the authority to purchase supplies for Community mental health and mental retardation centers established pursuant to the provisions of Article 5547-203, Vernon's Civil Statutes, since such centers are not "depart- ments of the state government" within the meaning of Article 664-3. truly yours, orney General of Texas Prepared by: John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman Malcolm Quick Jay Floyd Robert Darden Rex H. White A. J. Carubbi, Jr. Dtecutive Assistant -1541- ,.. .,. .