Untitled Texas Attorney General Opinion ( 1986 )

The Attorney General of Texas JIM MATTOX april 28, 1986 Attorney General Supreme Court Building Ronorable Kent A. Caperton opinion go. JM-488 P. 0. BOX 12546 Auslln. TX. 76711.2546 ChailnaU 512l4752501 Comittce on Crfalnal Justice lk: Whether article 6252-6~. Telex9101674.1367 Texas State Sene.te V.T.C.S., which requires state Telecopier 512/475-O% P. 0. Box 12068 agencies co use letter size Austin, Texas 78711 paper. applies to the judiciary 714 Jackson, Suite 700 Dallas, TX. 75202.4606 Dear Senator Callexton: 214l7425S44 You ask vhmher article 6252-6~. V.T.C.S., vhich prohibits state agencies from prmchasing paper supplies that exceed 8% by 11 inches in 4624 Alberta Ave.. Suite 160 El Paso. TX. 799052793 size, applies t3 the courts of this state. This statute, enacted as 91wxw3464 Rouse Bill No. :'56by the Sixty-ninth Legislature, provides in part: Sec.. 1. In this Act. 'state agency' means a 1001 Texas, Suite 700 board, commission, department, institution. office, Houston. TX. 77002.3111 STXZOt.;;sr -- c a enc 71x295666 an --- Institution of higher education as defined by Sect&w 61.003, Education Code. 806 Broadway, Suite 312 Lubbock, TX. 79401.3479 Se:, 2. (a) A state agenclmay not purchase 6cl6n47.5236 forms, bond paper. stationery, pads, or similar paper supplies that exceed 8% inches by 11 inches 4.309 N. Tenth. Suite S in size. McAllen, TX. 76501-1685 SW6624547 (b) A state agency may not purchase filing cabinets that are designed to store completed 200 Main Plaza. Suite 400 documents that exceed 8% inches by 11 inches in San Antonlo, TX. 76205.2797 SiW.. 51212254191 (c) This section does not prohibit the purchase or use of forms or paper supplies that axcecd 8% An Equal Opportunity/ Affirmative Action Employer inches by 11 inches In size if those forms or paper supplies are used: [exceptions for specific kinds of dc,cumantsnot relevant]. (Emphasis added). You point out that the judiciary is not axpressly excepted fros article 6252-6~. V.T.C.S., and ask whether district courts, county clerks, and di:strict clerks are within the definition of "State agency." p. 2231 Honorable Kent A. Caperton - Page 2 (JM-488) III our opinion, a "state agency" within article 6252-6~. V.T.C.S., includes only agencies in the executive branch of state eovernment -~ _ of the state" can be construed broadly . The nhrase 'IsL(:c.ncv -. to encompass courts and pc'litical subdivisions. See, e.g., Nati0n.k Surety Corporation v. FriEndswood Independent School District, 433 S.W.Zd 690, 694 (Tex. 1968) (school districts are state agancies created to administer pubLLc scbocl system); Attorney General Opinion M-1266 (1972) (Mental BealtlhMental Retardation Community Centers are "agancies of the state" but not "state agencies"). The definition of "state agency" in section 1 of article 6252-6~. V.T.C.S., shovs that the term is used in a narrow sense. The terms it uses - "board, commission, department, *ztitution, office" -- generally apply to administrative agencies in the executive branch of government. see. a, V.T.C.S. arts. 1396-2.23B; 6252-11~; 6252-138; Attorney General Opinion g-1266 (1972). The axpress inclusion of "institutions of higher education" suggests that "state agency" or "other agency of the state government” would ol:terwiscnot encompass colleges and univer- sities even thouah these :;nstitucionsare in the executive branch of state government. Sea Foley v. Penedict, 55, S.W.Zd 805, 808 (Tex. 1932); Letter Advirq-lE,. 22 (1973). In our opinion, article 6252-6~. V.T.C.S.. does not apply to instrumentaiities of government within the judicial bran&. District courts, srd district and county court clerks are not subject to its prohibitions against purchasing paper supplies and fiiing cabinets in excess of the prescribed size. The Fiscal Note attached to House Bill No. 756 supports our conclusions. Fiscal Note of May 21. 1985, Bill File for R.B. No. 756, Legislative Raference Library. It states that the change from legal size to letter sire paper would have fiscal implications on these agencies that may need to convert forms designed on legal size paper. It found no fiscal Implications to units of local government. If, however, district courts and county and district clerks were subject to article 6252-6c, V.T.C.S.. county finances would probably be affected. The commiss,lonerscourt pays for the stationery and office supplies cf district and county clerks. V.T.C.S. art. 3899b. $1; see also V.T.C.S. act. 3930(c) (pages of document filed with county clerk must not axceed 8% inches by 14 Inches). The commis- sioners court also has dfscretion to furnish "offices and stationary and blanks necessary in the performance of their duties" to resident district judges. V.T.C.S. art. 3899b, $2; Attorney General Opinion O-3899 (1941). The counties composing an admlnistrativr judicial district are required to nav part of the lxnense incurred bv the district In carrying out its duties. Government Code $74.003; sac also District Judge of tl>e 188th Judicial District v. County JudE sg County, 657 S.W.2d?jO8, 909 (Tex. App. - Texarkana 1983, writ ref'd n.r.e.). If the 1eg:lslatureintended Rouse Dill PC. 756 to apply to the judicial branch of I;overnmsnt,some fiscal consequences for-the counties would probably h;ivebeen mentioned in the fiscal note. p. 2232 Eonorablc Kent A. Caperton - Paga 3 (JM-488) We conclude that the judicial branch of Texas is not subject to article 6252-6c, V.T.C.S., and that district cturts, district court clerks, and county clerks are not subject to it. But see Supreme Court Order Relating to Preparation of Statement of Facts (July 11, 1977). at Tex. R. Civ. Pro<:.377 (statement of facts must be prepared on 6% inches by 11 inch paper). SUMMARY Article 6252-,6c, V.T.C.S., which prohibits state agencies from purchasing paper supplies that exceed 84 inches by 11 inches in size, does not apply to the judicial branch of government. JIM MATTOX Attorney General of Texas JACK HIGHTOWER First Assistant Attorney Goneral MARY KELLER Executive Assistant Attommy General ROBERT GRAY Special Assistant Attorney General RICK GILPIN Chairnan, Opinion Comittec: Prepared by Susan Garrison Assistant Prromey Cereral p. 2233