, .
Dr. J. E. Peavy Opinion NO. M-426
Commissioner of Health
Texas State Department of Health Re: Whether the State Depart-
Austin, Texas ment of Health is authorized
to contract for inspection
services and related as-
sistance with political
subdivisions, individuals,
or other entities in carry-
ing out state responsibili-
ties pursuant to S.B. 28,
Acts 61st Legislature,
Dear Dr. Peavy: Regular Session, 1969.
In your request for an opinion you stated the following:
"A question has arisen as to the scope of
authority and responsibility of the Texas State
Departments of Health in implementing the above
captioned act. Section l(u) of Title I and
Section 408 of Title IV of the.~above captioned
act are quoted as follows:
"'Title I, Section l(u) The te:rm "inspector"
means an employee of the State' Department of
Bealth~who~ shall be under the, supervision of
the chief officer in charge of inspection. The
chief officer in charge of inspection shall be
a veterinarian designated by thep.commissioner
as responsible for animal health.as.animal
health is related to public health,, and shall
be directly responsible to the commissioner. He
shall be .licensed to practice veterinary medicine
in this state or eligible to be licensed to
practice in this state, and if the latter should
be the case., he must secure a Texas license
within two, years from the time of his employment
in this position.'
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Dr. J. E. Peavy, page 2 (M-426)
"'Title IV, Sec. 408 The commissioner shall
designate at least one state inspector for each
state representative district.'
"While the above quoted Section 408 requires
the Commissioner to designate at least one state
inspector for each state representative district,
it is apparent that in densely populated areas
additional personnel will be required~ to properly
administer the provisions of the,Meat Inspection
Act. Many city and/or county health departments
have existing facilities and staff available to
carry out~meat inspection services and related
activities.
"Therefore, the following question is re-
spectfully submitted for your interpretation:
For the purposes of this act, is,the Texas State
Department of Health authorised.to contract for
inspection, services and related assistance with
political subdivisions, city health departments,
county health departments or any combination
thereof, or any individual, firm; partnership
or corporation in carrying out its responsi-
bilities under this act?"
The Texas Meat and Poultry Inspection-Act, S.B. 28,
61st Legislature, Regular Session, 1969- (repealing Art. 4476-3,
V.C.S.) defines an Inspector as an employee of the State Depart-
ment of Health .who shall be under the-supervision of the chief
officer in charge. of,inspection and~provides that, the,Commissioner
shall designate~at least one state inspector for each state
representative district. Sections 6,and'l3 of Title I of the
Act provide for the inspection of meat, etc., prepared solely
for intrastate commerce by "inspectors appointed for that pur-
pose". Since an "inspector" must be an "employee of the State
Department of Health", the Act does not authorize the Department
to contract for inspection services and related assistance with
political subdivisions, city health departments, county health
departments or any combination thereof. Likewise, it does not
authorize said Department to contract with any individual, firm,
partnership or corporation as an independent contractor in carry-
ing out the responsibilities of the Act.
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Dr. J. E. Peavy, page 3 (~-426)
SUMMARY
S.B. 28, Acts 61st Leg., R.S., 1969, Ch. 123,
p. 337, does not authorize the Texas State Depart-
ment of Health to contract for inspection services
and related assistance with political subdivisions,
city health.departments, county health departments,
or any combination thereof, or'with any individual,
firm, partnership or corporation,- as an independent
contractor, in carrying out its responsibilities
under the Act. /)
Prepared by Jack Sparks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton,, Vice-Chairman
Louis Neumann
Edward H. Esquivel
Rex H. White
Malcom Smith
HAWTHORNE PHILLIPS
Executive Assistant
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