OFFICE OF THE ATTORNEY: GENERAL OF TEXAS
AUSTIN
GROVERSELLERS
ATTORNEY GENERAL
Honorable Oeo. W. Cox
Stete Health Ottlosr
Taxas State Board of Health
Austin, Texa8
for an opinion
nlta tlon Reoearoh Foun-
under the prOYi8iOnB Of
statutes of the state oi
by: W. 1. Hloks, Captain Lewis Dodson,
Dr. Ceorgr W. Cox, Robert W. Harding:,
ksll, and A. lr. AUtohell, all oltizrnr
opg or tha Artioles of Inoorporatlon Is
attaohed hereto. The purposes of the ?oundatIon ara
stated In Artlola ) of the Artiolas. A Prasldont,
and Board of Dlrootora have born
Tha purposes are rduortional and oheritrble,
*Under the Chartor, thr Corporation has rightr
and powers to reoelvs donations, grants, derloas,
glita, lpproprIa:Ionr, allotments 0r money, reel or
prraoaal property from IndIviduala, oorporstiona,
foun6ationa, and governmental agenolee; and to invest,
ra-invest, manage, transrer tltlr by deed or othorwfse,
Hon. Oeo. W. Cox, page 2
property so reoeived, to oonstruct bulldlngs and
faollltlea for the use and benefit of the Corpora-
tion In whatever manner the Board of Dlreotora may
deolde; and to make flnanoiel grants, granta In aid,
grant soholarshipe, oertifloatea of merit, awards,
and honorariums to oerry on its purpose, and to
eleot dlreotors, 8eleot and employ personnel and
assletanta.
“The Corporation la e non-profit self-perpetuating
membership Corporation with no oapital #took,
“The Foundation, although still l.n its lnfanoy,
la sponsoring a training oouree for the State Depart-
ment of Health and has for Its objeotlve the oonstruo-
tion of a building equipped with laboratory and re-
aearoh faollltles whioh it is planned to oonstruot on
land owned by the State adjoining our present building
and oonnectea with It, and this building with Ite
fsollities will beoome the property of the State.
*The State Department of Health In many of ita
aotivltier promotes or rather assists oltles and
oounties In promoting pub110 health aotlvltlea, in-
oludlng the securing of hospitals, health center
buildings, water and sewer systems, garbsge feoi lltles,
and the like, In Borne of these projeotr, such as
oounty health unita, we eubaldlze or oooperate finan-
olally In the setting up of euoh health services.
Slnoe there ir an unusual demand at this time for fur-
ther researoh and ror whioh rssearoh faoIlItIea are
needed if we are to IndustrIalIze this Stats, and It
we are to prepare ourselves for the oarriera with
tropical diseases that will be oomlng Into the State,
and ii we are to meet some of our present urgent prob-
lemm suoh as typhur oontrol, e building with remearoh
faoIlItIes 18 urgently needed.
. . -
579
Hon. Oeo. W. Cox, page )
*?inoe the Reaearoh Foundation will probably
prcrlde moat of the tinanoes for this building and
these taoIlitlas wo write to Inquire whrther or not Z
our Department osn assist the Foundation In the
promotion of thI8 building an4 researoh faoIlItIe8
even to the race extent of solioltlng funds along
the taame line t&at we have been 8ollaItIn~ fu8d8
for our other health 8otIvItIes. ‘4s dll appreoIat8
8 written opinion from you 08 thin subjeot and 8h8U
be glad to furnish you with rag other detaIla 8ur-
rounding thir proposed venture that you may requ8at.W
The following quoted statute8 authorize the establirh-
maat of the State Department of Bsalth and define it8 general
power8 and duties%
Artlale- 44148, Vernon’s Annotated Civil Statutes!
“To better proteot and promote the health of
the people of Texas, there is hereby sstabll~shed
the State Department of Eealth, whIoh Department
ahsll oonslmt of a State Board of Kaslth, 8 Stats
Health Oifloer and hi8 ldmInIstratlve stair, and
whioh ah811 have the gbneral power8 end dutler
authorized rnd Imposed by the provisions of thir
a0t.a
ltrtlole 44168, Vernon’8 Annotated. Civil Statutea:
*The State Board of Health shall have the
following power8 and dutlrrl
“(1) To eleot, by a maJorlty vote oi the who18
membership oi the Board, a State Health Ofiloer, who
rhall be lxeoutivo of the State Department of Health,
rubjeot to the rurther pr8rIsIon8 oi thlr Aestl 8~4 to
rurpend or remove raid ofilorr for good and rutfloient
oaune, sustained by a majority oi the Boar4 msmkrshipi
provided, that raid officer 8hall not ba removrd until
he has been given 8 hearing beforr said Board, If ho so
lleot8. Immediately after the appointment oi a now
State Board of Health, a8 provided In thir Aot, 8814
Board shall organize, and appoint a State Herlth Olfloer,
who shall serve as suoh, unless sooner removed am above
provided, until the laat regular quarterly mortfng Of
the Board in 1928; and at ruoh meeting, and lTer y two
years thereafter, the State Board of Health shall
580
Hon. Oeo. W. Cox, page 4
appoint e Stat8 Health CffiO8r, who shall serve,
unless sooner removed as 4bove provided, for a
t8l.m 0r two years end until his sucoessor shall
be appointed and shall have qualiiled.
"(2) To investigate the conduct oi the work
0r the Stat8 Department 0r Health, and r0r thl4
purpose to have eoo8ss, at any time, to all books
and record8 thereof, and to require written or
oral inrormation rrom any 0rri00r or employ88
thrreor.
"(3) To adopt rule, not lnoonelstent with law,
ror Its own procedure, 4 copy or which rules shall
be filed in the State Department Of Health."
Art1018 l+418d, Vernon's Annotated Civil StatUt8S:
-"The Stat8 Health Officer shall be the 8X8OlltiVe
head ol the State Department Of Health, and he shall,
subject to the provisions or thle Act, exeroiae all
the powers and dlaoharge all the duties now vested
by law In the Texas State Department of Health snd
the State Health CfiiO8r, as well as all powers now
vested by law in any OffiC8r, assistant, director or
bureau head of the State Department of Health, ex-
cepting only such power4 4s may be oonrerred by this
Act upon the State Board of Health hereby orsated,Thr
state Health CifiO8r, with the approval or the Stete
Board ot Health, may organizo and maintain within his
Department such dlvl4lona Of service es are deemed
n808ss4ry ror the orrloisnt conduct 0r the work or
t h8 Dep4rtm8nt. From time to time, he shall appoint
directors of such divisions, as well as other employee8
or the Department, and shall designate the duties and
supervise the work of sll such directors end emplo 888.
He shall here the power, with the approrcll of the .5tat.
Board of Health, to prescribe and promulgate ruoh ad-
ministrative rules and rsgulationr, not lnconslstent
with any law of the State, es may ti deemed n8cesserJ
for the 8rr8OtiV8 eriormenoe or the dutle8 imposed by
this Br 4ng other Paw upon the State Department Or
Health and its 4ever41 ofiloerr and divisions."
.
Hon. Oeo. We aor, pagr 5
Article l&181, Pomoa'a Annotated Civil St8tUtO8l
*It #hell b8 i8WfUi ror the Stuto Deplrtmeht
oi Health to accept donotions and oontrlbutione,
to bO exPOnded in the interest of the publloT~~lth
and the enroroement or publio health laws.
COnslicOloner8 Court of any County ~hOl1 hers thr
authority to appropriate and expend money fr- the
gvnersl ZYIenues or it8 county rot end In behrlt
Or publlr health and srnitetlon Within it8 COUnty."
Art. 4119, Vernon'8 Annotated Civil Stetutrat
"%a ?tat* Board oi H88lth 8heil have general
supervision 8& OOIItrOl Or 811 Datt8ru perteinihg a
;tre~; health of aitieaom or thir State, a8 provided
. It $:Iall make I study of the OausBs and pr*-
ventlon or lai*OtiOn or contagious diee8OeO dr90t-
lng the llvrr of OitiZGa8 within thlo State end Ox-
oopt O8 0themlOe provided in this cheptsr 8h8ll havr
dlreotlon rnd Oontrol 0r all matter8 of querantine
reguletionr aad enforocaent and 8h8ll hrvo full power
and euthorlty to prevent the Ontrsnoe of ruoh dlsoO8e8
iron poiut8 without the e‘tete, and 8hPn hare &boo-
tlon and Ocntrol over eenitary end quarantine mmsure8
ror de8llnr: with eu disersos within the State 8rid to
ruppre88 e*w 8nd prevent their epread. The pre8idOnt
of the boar4 6kbll have ohm&e of and superintaad the
8dmfn18trrtlfJ~ or Ou matters pertaining to Stat0
quer8ntlnr.*
We bOlleve the above sat out etatuter provide amp10
euthorlty for the FeOOiving by the Stat. Ihp8rtmmt oi tlealthr
Or donetione ml)13bontributione to be used end expended in the
laterret Or thr #abliO heelth 88 provided by rtstuts.
Howercr, ln thle oonneotlon, we find no 8uthorinitim
for the Etatb kflrkent or Health or any or ltr eomp0neBt part8
to promoto or eC8!8t in the promotion or the aoquiritlon 0r
ra*iliti08 88 Ptr)orrd by you. auoh r8OuitiO8
BOWeV,,r,de81rable
w bo, they Rut rm1t the gOROrO8ity or 80EiO prlrate donor Qr
582 -
Eon. ho. W. 00x, page 6
an sot or tha Legldlrture providing ror the oonstruotlon and
spulpping 0r rane by the ‘tat.. In no O@IBO Oould ruoh iaoll-
itlo be o-nstructed upon property of the State of Texrr wlth-
out proper authorlzatlon by the .%ato Legllrlaturr,
Trusting the above ratlsraotorily anawem your
I quertlon, we ora
four8
ATTORN
very truly,
@‘RRRALOF TEXAS
/n b -+--/ A .- n
Robert L. Lattimore , Jr, /
Asal &ant.