Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF THE A7-l.ORNEY GENERAL OF TEXAS
AUSTIN
G*O”ERSELLERS
&l-rORNIY
GlNIRAL
Lononble L. A. Woods
state Superintendent
Department of Education
Austin 11, Texas
sear Ljir: Opinion X0. O-7297
wnich have
*'ohave your lat
Article 2858, Sevised Stat
erence is made, readr
hoa the contracts have
liah and maintAn in some
depoaitory where a atook of
ly all imnediate demanda shall
contractors not maintaining their
ual or separate St&e agencies or de-
shall meintain a joint aeency or
ory to be located at IIIDI(H
suitable and
co&enient distributing point. Any pereon, dealer
or school board in any county in the &ate my
order fro,:1
the central depository; pmvided that
honorable i. A. Woods, Page 2
the price of baoko a0 orderad aim11 be psid
in advance. Upon the failure of any aon-
tractor to furni8h the books a8 provided in
the aontrrct arLdin tLis Act, the aountp
judge in the county wherein suoh book8 have
not been furnished map11 report tha feet to
the Attorney Cenerel, and he ehall brfng 8uit
on amount of 8uch failw in the name of the
State of Texas in the di8trict aourt of Travis
County, 8hd shall reaover on the bond given by
8uah aontraator for the full value of the books
not furnished aa required, ahd in addition
thereto the sum of one hundred dollara, ax&dlaoh
day of failure to fuamisn the books shall son-
stitute a 8eparrte offense, and the amount8 80
recovered shall be placed to the andlt of the
available 8ahool fund of the SCate. Any un-
orgnnlsed county shall be f:lmished from the
same agency aa the county to whi4h urid ua-
orgenfred county I8 atteohed for judioial pur-
po8es In the 8ame mennet a8 8uuh organl8ed
couaty'.=
Howevar, Artiole 2781 of the gevi8ed Statute8 of
1925 also pertains to the saue inatkr; thlr article has been
amended sinae the 1925 revision (Ch. 213 Acta 40th Leg.)
but the amendment did not change the foliowing language
p4rtinent to your queetfonr
"All parties with utiombook contraot8
have been mad4 rhall establish and maintain
in some city in the State a deporitory where a
stoak of their good8 to supply all invsediato
demand8 ahall be kept; all oontraatorr no8
malntainln~ their own individual or 8epahte
state agenoies or depoaitorles r-11 mninti
a joint ag4nay or depository to be loaated at
ma4 euitabla and comveniant dlrtributing point,
at which gen+rel d4pository sach uontraator
joining in aaid agency &all keep on hand a
sufficient atook of book8 to supply the 8ohool8
of the State . . . ."
../
386
Honorable 2. A. Hoods, Page 3
As the two etstut48 r4lat4 to the same 4ubje4t
matter, they must bs construed toge8her; any inaonrirten4y
between the two mst be resolved by the provisions of
Article 2781 2s aolended a5 it is tne latest 4xpr4ssion of
the lefislature.
Tno purpose of the statutes obviouely wes to
4441~4 the sc,iutenahcein this State by textbook con-
qrastors of n stoak of books to supply th4 immedisto de-
mands of the 6Ch9ols. Thor the statute pemita them to do
by maintsining either separate depOSitOri48, or joint do-
pOSitori4S. The ntatut48 do not prescribe the loaation of
these dopoaitori48. Under the statutes, oertain aontractora
could maintain their depositary in 0~x4aity in this State as
a distributing point, others could saintain a joint deposi-
tory in anoth4r city, if they desired to do 8o, and others
in still a third city.
Nor do we read 8he statutes as preventing main-
tenaaoe of more than on4 joint depository in a rirp;le4lCy
in this State. Art1418 2781 tiOU8 tim aoatraotor co main-
tain 8 repamte dopo8itory, or te aaintain 4a joint agenoy
or depO8itOry to bs located at 80144 atiteble and oonvenieat
distributing point, at uhicn general depository eaah aon-
traotor jOi,ninf?
in Said an4ncZ Shall keep on hand a StIffiOieXIt
stoak Of books to au ply the 8UhOOlS Sf th4 State.4 liethink
ed with by maintaining a depoaftory,
the atetut% is compli:
either separetely, or in combinotiou with oth4rs, whereat the
requiSit4 8toak Of books 18 kept,on deposit in this State.
Hed the le~isleture intended to limit th4 number of joint
b4po8itorie8 to a sin@e unit, it would have been neaessary
for it to designate where and what rhould eonatltuto such
depoaitoq, or to aut.;oriseImae on4 0184 to do SO. Tha
statutes do neither,
,,L.c,,
The practioal constructionsof th4 statutes un-
broke@& date supports the aonolutiionthat no single joint
depository ir required. We are &formed that in eddition
to the sevarbl individual depOSitariO8 maintainad by OurrOnfr
textbook aontractor8, there are pr44sntly two "joint dOpO8i-
toriesv lowted in Dallas. One, the Hugh Perry Leposit0ry,
387