c -,
The Attorney General of Texas
Au];ust14, 1985
JIM MATTOX
Attorney General
Supreme Court Building Robert Bernstein, M.D., F.A.C.P. opinion NO. ~~-336
P. 0. BOX 12546 Commissioner of Realth
Austin. TX. 76711-2548 Texas Department of Eealth Re: Authority of e joint city-
512,47&2501 county public health district
1100 West 49th Street
Tetex 910/674-1367
Telecopier 512/4750266
Auetin, Texas 78756 to issue licenses, exact fees
and impose fines for non-
compliance with its rules
714 Jackson, Suite 700
Dallas, TX. 75202.4506
Dear Dr. Bernstein:
214/742-6944
You have requmted our opinion regarding the authority of a
4624 Alberta Ave., Suite 160 public health distr:lctorganized pursuant to the Local Public Health
El Paso, TX. 799052793 Reorganization Act [hereinafter the “Act”] to issue licenses, exact
915/533-3464 fees, and impose fires for noncompliance with the rules throughout the
jurisdiction of the public health district. Article 4436b of the Act
1001 Texas, Suite 700
was amended by the Mxty-ninth Legislature with the enactment of Rouse
Houston, TX. 77W2~3111 Bill No. 1114. See Acts 1985, 69th Leg., ch. i I at (not
7131223-5666 yet published). ?% amended provisions of the Act willgo intoeffect
on August 26, 1985. Although it appears that your question did not
contemplate the enactment of Eouse Bill No. 1114, this opinion will
608 Broadway, Suite 312
Lubbock, TX. 79401-3479
consider the effect of that recent enactment.
806(747-5236
Section 4.02 of article 4436b. V.T.C.S., provides that:
4309 N. Tenth, Suite S
A public 'wealthdistrict is authorized to perform
McAllen. TX. 76601-1666
5121662.4547
the publ:k: health functions that any of its
members i3 authorized to perform unless otherwise
restricted by law.
200 Main Plaza. Suite 400
San Antonio, TX. 76205-2797
A public health dilit:rictma9 be composed of a combination of cities
SlZ2254191
and/or counties. ---
See V.T.C.S. art. 4436b. 94.01. Section 2.01 of
article 443613.V.T.l:..S.,
authorizes the governing bodies of cities and
An Equal Opportunity/ counties "to enforce any law which is reasonably necessary to protect
Alfirmative Actlon Employer the public health." Once s public health district has established an
administrative boar& the board is authorized:
to adopt substantive and procedural rules which
*re necei313aryand appropriate to promote and
preserve the health and safety of the public
within it.8 jurisdiction; provided that no rule
adopted tin;311
be in conflict with the laws of the
p. 1530
.- .I
Dr. Robert Bernstein - Page 2 (JM-336)
state or the ordinanfzesof any member municipality
or county. (EmphasEs added).
V.T.C.S. art. 443613,54.03(b). In addition to the underlined portions
above, the legislature has further limited the board's authority to
adopt rules and regulations in.the most recent amendment by providing
that:
nothing in this' Act shall be construed to grant
the board of any d:tstrict created hereunder the
power to adopt rules or regulations for any part
of the district which are not otherwise
specifically authol+ed by state law. (Emphasis
added).
Acts 1985, 69th Leg., ch. 17, at (not yet published)
(V.T.C.S. art. 4436b, §4.0!)1m: Accordingly, we must determine
whether there is specific statutory authority for the public health
district's administrative board to issue licenses, exact fees, and
impose fines for noncompliance with its rules.
A public health district has been granted the limited authority
to exact fees. The Act specjfically provides:
Sec. 4.08(a). The governing body of an
incorporated municjpality, the commissioners court
of a county, or i.he administrative board of a
public health dis,:rict me9 adopt ordinances or
rules to charge fues for public health services
subject to the follc%ng:
(1) no individual shell be denied public
health services because of inability to pa9 for
services, end the . . . district shall make
provisions for a reduced fee or no fee for
individuals unable to pa9 for services in whole or
in part; end
(2) if a . . . Flublichealth district receives
state support for the provision of public health
services, then the Uniform Grant and Contract
Management Act Of 1981 (Article 4413(32g),
Vernon's Texas C:.vil Statutes), and standards
adopted pursuant to thst Act shall control where
applicable.
V.T.C.S. ert. 4436b, §4.08(a:'?as amended by Acts 1985, 69th Leg., ch.
-9 06. et (not yet published). See also section 4.08(b)
(definftion of"public health services"). We conclude that it is only
:?.1531
Dr. Robert Bernstein - Page 3 (JM-336)
under these limited circumstances that an administrative board of a
public health district may axact fees for the provision of health
services. Cf. Nueces County- v. Currington, 162 S.W.2d 687 (Tex.
1942).
Next we consider wheth'ar the authority granted to governing
bodies of cities and counties under section 2.01 to "enforce" any law
to protect the public health is specific statutory authority for the
imposition of fines by a public:health district for noncompliance with
its rules. We think not. Section 2.01 is a general provision which
authorizes cities and counties to enforce laws enacted to protect the
public health. The provision does not prescribe any particular method
for the enforcement of theof! laws. When read together with the
specific limitation on the authority of the board imposed in section
4.09(f), the provision is insufficient to authorize the public health
district's administrative board to impose fines for noncompliance with
its rules. See City of Baytown v. Angel, 469 S.W.2d 923 (Tex. Civ.
APP. - Houston [14th Dist.:r 1971, writ ref'd n.r.e.) (a general
provision in a statute is limited or controlled by a specific
provision). We have not discrrered any specific state law authorizing
this manner of enforcement by a3 public health district.
With regard to the authority of the administrative board of a
public health district to issue licenses, we have not found any
specific statutory provision authorizing this conduct by the board.
We believe that the limitation imposed in section 4.09(f) prohibits
the issuance of licenses unless the legislature determines to
specifically authorize it.
SUMMARY
A public health district's administrative board
organized pursuant to the Local Public Realth
Reorganization Act, article 4436b, V.T.C.S., is
authorized to exact fees for health services
within the limitations imposed in section 4.08.
However, the district is without specific
statutory authority to issue licenses, or impose
fines for noncompliance with its rules.
JIM MATTOX
Attorney General of Texas
p. 1532
Dr. Robert Bernstein - Page 4 (JM-336)
TOM GREEN
First Assistant Attorney General
DAVID R. RICRARDS
Executive Assistant Attorney Genersl
ROBERT GRAY
Special Assistant Attorney Gevaral
RICK GILPIN
Chairman, Opinion Committee
Prepared by Ton9 Guillory
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton
Sarah Woelk