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THEATTORNEY GENERAL
OFTEXAS
February 14, 1966
Dr. J. E. Peavy Opinion No. C- 609
Commissioner of Health
Texas State Department Re: Whether Sec. 4 of Senate
of Health Bill No, 130, 59th Legis-
Austin, Texas lature makes it mandatory
that the State Board of
Health make an examination
for tuberculosis infection
of all pupils In the first
and seventh grades, or
whether this section only
requires the Board to pro-
vide materials for the test
If school boards make this
Dear Dr. Peavy: a requirement.
Your letter requesting an opinion of this office reads
as follows:
'Senate Bill No. 130,as passed by the
59th Legislature at Its Regular Session and
codified In Vernon's Texas Civil Statutes as
Article 4477-12, effective September 1, 1965,
transferred to the State Health Department
fron the State Board for Hospitals and Special
Schools all tuberculosis hospitals.
"The above-mentioned act further provides
for the unification and consolidation In the
State Health Department and responslblllty,
powers, duty, authority and function of case
finding, follow up, treatment, cure, prevention,
eradication and control of tuberculosis in the
State of Texas.
"Section 4 of Senate Bill No. 130 is as
follows:
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Dr. J. E. Peavy, page 2 (C&09)
"'Section 4. The State Board of Health
shall provide for the examination for tuber-
culosls Infection of all pupils In the first
and seventh grades of the public, parochial
and private schools of this state, and of all
pupils transferred to the public, parochial,
and private schools of this state from another
state or country.'
"Therefore, we request your opinion with
regard to the following questions:
"1. Is the Texas State Department of
Health required to test all pupils In the first
and seventh grades for tuberculosis infection?
"2. If It Is not required that the Texas
State Department of Health actually perform
the tests, is the Texas State Department of
Health required to provide the necessary
materials for the tests upon request of local
health officials?"
Continuing the progress of improvements in the field
of public health and welfare has always been an important goal
of the Legislature of the State of Texas. This purpose was
behind the enactment of Section 4 of Article 4477-12, Vernon's
Civil Statutes. This section of the cited statute deals specifi-
cally with a phase of the program of tuberculosis eradication.
The words 'provide for", used in the text of Section
4, have several meanings. Among those meanings cited in Webster's
Third New International Unabridged Dictionary, 1961, p. 1827, are
the following:
1 to make provision
I2 1to supply what Is needed for sustenance
or support
(3) equipping, stocking, or giving In the
interest of preparing with foresight
(4) to supply for use.
In answer to your first question, it Is our opinion
that the language of Section 4 of Senate Bill No. 130 does not
make It mandatory that the State Board of Health itself make an
examination for tuberculosis infection. The mandatory word of
the statute "shall" is followed by the words "provide for",
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Dr. J. E. Peavy, page 3 (C- 609)
which according to~definitlon, mean to make provision for or to
supply. Therefore, the Texas State Department of Health Is
not mandatorily required to conduct such examinations of the
first and seventh grade school children in the State regardless.
of any action taken by the local school boards and health units.
In answer to your second question, we are of the opinion
that the State Board of Health, upon request,of 'localhealth
officials, is mandatorily required to supply, equip, stock, and/or
furnish materials necessary for tuberculosis examinations of the
designated children.
SUMMARY
The State Health De artment Is not required
by Section 4 of Article E 477-12, Vernon's Civil
Statutes, to conduct examinations for tuberculosis
Infection of all first and seventh grade children.
However, the State Health,Department, upon request
of local health officials, is required by Section
4 to supply, equip, stock, and furnish materials
necessary for tuberculosis examination of the
designated children by local school boards and
health units.
Very truly yours,
WAGGONER CARR
Attorney General
By: - cl'&
Alan Minter
AM:ra:mkh Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Pat Bailey
Robert Flowers
Dean Arrlngton
Linward Shivers
APPROVED FOR THE ATTORNEY GENERAL
BY: T. B. Wright
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