Hon. George Ii. Cox pion No. ‘o-5025
.State Health Officer : Commissioners’ Courts may expend
Texas State Board of .county funds for the purpose of col-
Health letting and disposing of garbage If
Austin, Texas same Is .deemed by the Commissioners’
. Courts to be in behalf of the public
healthy and sanitation of the county
Dear Sir: ana 8’~related matter .
Your request for opinion has been received and care-
fully considered by this department. We quote from your re-
quest as follows:
“The national Congress has appropriated un-
der the ‘provisions of the Lanham Act, $300,0~0,000
to provide funds to relieve ~local munlhipalItles
from the financial burdens occasioned by large In-
fluxes of population caused by the establishment
of Army camps, Naval. stations, flying fields, and
war industries ln and near these communities for
the construction of communItyutIlItIes and 40 pro-
vide sanitation for the protection .of public health’.
The admlnlstrat,I.on of these funds and the ‘superor-
sion’ of construction has been placed unde,r the
Federal Works Agency, with reglonal offic~es In Fort
Worth,,Texas, for the southwestern region. The
Texas State Department of Health has filed numer-
ous applications with the Federal Works Agency for
allotment of funds for maintenance ana operation
of sanitary’ projects .collectlon.and disposal .of
garbage, sanitary pii privles~,~.proteotlon of small
water supplles, atid supervisory personnel. To date,
none of these projects filed by the department for
the foregoing purposes has received the approval
of the Federal Works Agency and had funds allotted ,:,
to. .them. The Lanham Act provides, among other
things that the funds appropriated may be allotted
to mun~clpalltles and polItica sub divisions, ~
provided the muuIcIpalItIes~ or the’ polltloal sub.
divisions cannot provide the facillties~ wIthout. Im-
posing a heavy financial burden ‘upon themselves.
%ome uncertainty a,t2a~
doubts have. arisen as’to
the legality ‘of counties partlclpatlng rlnanclally’
I?on. George H. Cox, page 2 (C-5025)
in ccntrlbutlng to the financing of malnten-
;Lnce aa operation of emergency sanitation pro-
jects: Ye shall ask you to give us advise, on the
folloirslng questions:
“4rticle 4418-f,Vernon’s Statutes, provides
t&t It shall be ltidful for the State Department
of health to accept donations and contributions
to be expended In the interest of public health
and the enforcement of public health lass. The
commissioners court of any county shall have the
authority to appropriate and expend money from SL:e
general revenues of Its county for and In behalf
of public health and sanitation within its coullty.
“Question 1. Is It legal for a Contissloncrs’ I
Court to expend noneys from Its general fund to
provide for collection and disposal of garbage from
persons living outside the limits of an Incorporat-
ed city or town where the State Health Departmezf
advises th;t failure to do so is a menace to the
health of the citizens of such county?
“Question 2. Under the sa&s article above
cited, but keeping in mind the provisions of .Sec-
tion 52, article 3 of ths Constitution of Texas,
Is It lawful for the County Commissioners Court
to ejrend moneys from the General Punc of the
county for the purpose of constructing privies on
private property where the qtate Board of health
advises sucl-. construction is necessary.In ihe Inter-
ests of the public health of the citizens of the
county-?
“The army, Navy, aid 4.r Corps have estab-
llslied tzrilnln~ camps, air fields, Zaval stations,
ship bulling yards, and other war Industries in
more tila seventy-five colnmunlties and seas in the
State of Texas. Many of these areas formerly had
sparse populations, with only sufficient community
faciiltles to accoauaodate normal populations. T!.e
influxes of trainees, war workers, nnd civilians hi;
thrown an excessive burden upon ihese communities
and areas sc tilat at the 2reser.t tlnie the facilitle.:
are Inadequate and many of the cormaunltles have n:
finances or credit *&Ith vhlch to provide relle:.
Emergencies exist In raany areas. It Is Imperative
th.:tt they be relieved at the etirllest possible ti*qe.
Therefore , we shall ask you to give us an answer to
the forec;oing questions at your earliest. convenI;nce.
II. . . .”
Hon. George H. Cox, page 3 (0-5025)
Article 4h18f,Vernon’s Annotated Texas Civil Statutes,
reads in part as r0liObk9:
,I .. . The commissioners court of any county
shall have the authority to appropriate and expend
money from the general revenues of Its county for
and In behalf of public health and sanitation wlth-
In the county.”
Construing the above quoted portion of the statute we
said In our opinion No. O-25808:
“No detailed direction Is given as to how such
general power shall be exercised but this matter is
left largely within the discretion of the commls-
sloners’ court.”
In opinion No. O-4725 of this department we held that
the Commissioners’ Court could expend funds from the general
fund of the county for the purpose of establishing and support-
ing a prophylactic unit if the court considered same to be in
behalf of the public health,and sanitation of the county.
In answer to your first question It Is our opinion that
same should be answered In the affirmative if the CornmIssIoners
Court deems the collection and disposal of such garbage to be In
behalf of the public health and sanitation of the county.
Ue cannot categorically answer your second question as
we do not have suffIcIent facts before us. However we think the
Commissioners1 Court would have authority to expend county funds
(from the general frcl of the county) for the pur,pose of bulld-
ing or providing pu llc t Ilets to relieve a situation affecting
the public health of the Eounty. However, we do not think the
Commissioners’ Court would be authorized to build private tol-
lets for the private use of private Individuals as this would
amount to a gratuity which would be condemned by Section 52 of
Article 3 of our State Constitution.
Trusting that this satisfactorily answers your Inquiry,
we are
APPROVED DEX 19, 1942 Very truly yours
/s/ Gerald C. Mann ATTORNEY GENWALOF TEXAS
ATTORNEY GENERALOF TEXAS By /s/ Wm. J . Fanning
APPROVXJ3: OPINION COMMITTEE Wm. J. Fanning, Assistant
BY: RWF, CHAIRMAN
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