Untitled Texas Attorney General Opinion ( 1975 )

TRRATTORNEYGENERAI.
OF TEXAS
AUSTIN. TBXAS 78711
May 27, 1975
The Honorable John R. Bigham Opinion No. H- 616
Environmental Affairs Committee
House of Representatives Re: Authority of the Board of
P. 0. Box 2910 Control underarticle 665b,
Austin, Texas 78711 V. T. C. S.
Dear Representative Bigham:
You have requested our opinion regarding the authority of the Board of
Control pursuant to article 665b, V. T. C. S., which provides:
The State Board of Control shall establish and maintain
in each public building under its control facilities for
collecting separately from all other w~astes all the
wastepaper disposed of in that building. The board
shall sell the wastepaper for recycling purposes to
the company which submits the highest bid for the paper.
Specifically, you ask whether the Board is required to sell this waste paper
only to bidders who will recycle it into new paper, and, in addition, you
inquire as to which state office buildings article 665b, V. T. C. S., is applicable.
The answer to your first question depends upon the interpretation of
the phrase “for recycling purposea” The term “,recycle” is not defined in the
statute, and we have discovered no judicial decision which illuminates its
meaning. It is settled, however, that the words of a statute are ordinarily to
be given their plain meaning. Attorney General ~Opinion No. H-193 (1974).
The ordinary meaning of “recycle” is ‘!to pass again through a cycle or changes
in treatment. ” Webster’s New International Dictionary, 2d ed., at 2083. A
glossary of “Common Environmental Terms” compiled by the United Statues
Environmental I’rot<:ction Agency in ~1973 defines “recycling” as “the process
by which waste materials are transformed into new ~products in such a manner
that the orjgikal products may lose their identity. ” ~.
p. 2729
The Honorable John R. Bigham - Page 2 (H-616)
We have found no relevant definition which would indicate that
“recycling” of waste paper need be limited to its reconversion into’ new paper.
Our conclu~sion is consistent with a letter dated July 25, 1974, to Mr. Homer
Foerester, Executive Director .of the State Board of Contr~ol, from Senator
Ron Glower, co-author of article 665b. Senator Glower stated that:
[Ilegislative intent as expressed in the phrase
‘recycling purposes’ was not limited to selling the
waste paper only to contractors who would reuse it
in making other paper. Recycling implies the reuse
of the resource, butmt necessarily in the same manner
;as it was originally used.
It is therefore our opinion that the Board of Control is not required to restrict
its sale of waste paper under article 665b, V. T. C. S., to bidders ~who will
convert it to. new paper, but may sell such waste pauper to any bidder who will
recycle it in some other manner.
As to your second question, article 665b, V. T. C. S., requires the
Board of Control to collect waste paper for recycling,purpdses in “each public
building under its control. ” (Emphasis supplied). Since statutes in pari
materia are to be construed together, Hurt v. Oak Downs, Inc., 85 S.W.2d
294 (Tex. Civ. App. - Dallag 1935), dismissed as
-- moot, 97 S. W. 2d 673 (Tex.
Sup. 1936), we may discern then extent of the Board’s responsibility from
article 665, Vi T. C. S., which provides that the Board of Control “shall have
charge and control of all public buildings, grounds and property of the, State
. . . II
‘The control of certain public buildings is~ specifically committed to
other agencies. See,c.g., article 3174b, section 2, V. T. C.S., which trans-
ferred the control and management of the Texas State Hospitals and Special
Schools from the Board of Control ,to the predecessor of the Texas Department
of Mental Health ad Mental Retardation. In these instances, the more specific
statute must be deemed to prevail over the general languageof article 665,
V. T. C. S. .GMC Superior Trucks, Inc. v. Irving Bank and Trust Co., 463
S.W.2d 274, 276 (Tex. Civ. App. -- Waco 1971, no writ). In all other
cases, however, we are obliged to follow the clear meaning of the statutory
language, which declares that~ the Board shall.have control of all
- public
p. 2730
- -
The Honorable John R. Bigham - Page 3 (H-616)
buildings. When the words of a statute are neither indefinite Normmisleading,
there is no need to look beyond the words of the statute to determine its
meaning. Sabine Pilot~s Ass’n v. Lykes Brothers Steamship, Inc., 346 S.W.
2d 166, 169 (Tex. Civ. App. -- Austin 1961, no writ).
Since we believe that article 665, V. T. C. S. unambiguously confers
upon the Board of Control the control of all public buildings, it is ou,r view
that, except as limited by a more specific statute, article 665b, V.. T. C. S.,
is applicable to all state office buildings.
SUMMARY
The Board ‘of Control is not required to restrict its
sale of waste paper under article 665b, V. T. C. S.,
to bidders who will convert it to new paper, but may
sell such waste paper to’any bidder who will recycle
it in any manner. Article 665, V. T. C. S., is applicable
to all public buil,dings except those whose control is
committed by statute to an agency other than the Board
of Control.
Very truly yours,
Attorney General of Texas
DAVID M. KENDALL, First Assi,stant
C. RCBER.f Hl,:ATH, Chairman
Opinion Committee
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