Untitled Texas Attorney General Opinion

OFFICE OF THE A’ITORNEY GENERAL OF TEXAS’ ~’ AUSTlN GERN.m c. MAll” Lnomm” 0m.*IL Dr. George 1. car -. Texaa State Board of Bealth Austin, Texas . ,~ ‘:’ .Dear tirr : thio.department, , the Corn- oxan, ereated m of Axtlcle exea. The the. Board -. ap aertala o ao~er raid die inion rr08t my otti& - e power to snforoe hose in whloh they oenses to be oharged thin the , empowers the Comrnlssloner~r to dealgnats the lines 0r eny or vim0 thereln aituated and to appoint a Board OS Health ror it. The Distrlot oreated by the Commiseioner's Court Or . vlotoria County doer not includa any unlnoor~o- rated town or village but oo~era an area or two and .one-halr miles rid. on each side or W. 9. ?iil3h- way :!o.59, 57, and 77. Inasmuch as the Statute Dr. Ueorge if. Cox, page 2 speclifaally states that the iiealth District so, oreated, shall be within the dsslgnhted lines or an unincorporated town or village there is a great ’ doubt in w mind as to the power of the Commis- aloner*s Court to orsate a Sauitary Distriot within an area whereih no uninoorporated town or village is situated. w’ft ooourred ‘to m’e that perhaps your ~Orrlce had reoelved a ruling from the Attorney General as t0 the Limits Or the pOW6?3 WhiOh the cO~88iOII~~'~ Court is given under the artlole. “‘1 would appreciate it very muoh Ii you nil1 give rm tha benefit or any inr0rifai0n whioh you might hare on this mattar.fw “. We note that you then transmit to ua a oopy of the order or the Dommlssioners Court or Victoria County oreating the sanitary dlstriot mentioned in the above quoted letter . and ask our edvloe as to whether a legal aanltary dietriot ‘? ~~ has been established and now exists in the srea described by the order. vie quote that portion of the order, as submitted to 118, as followm ..” wProridlng ror oreation of a sanitary district according to Article U.35 (22484.9) (Aoh 1889, p. 139; Aota let 9.c. 1901 p. 29) in oertaln areas 0r Victoria County; roriding r0r appointment 0r a .health board; author f alug It to promulgate rubs and rsgulstions tar runotloning; aettlng forth the boundarlos for said area; and deolaring an 6mergenCy.R Artfci0 4435 or the civil Statute 0r the Stats or Texas 1s as follows: “The commissioners court of any oounty In which an unincorporated town or vlllsge may be situated, shall have power to designate the lines of suoh to-a or villago, and may appoint a board of health ror it, ooneisting or time persons, two or mO;zigr whom shall be regular practicing physioians. oourt when such appointnents are made ehall at once Dr. George W. Cox, page 5 notify the State Bealth OffLoe?. Said board shall elect one of their membars as presidiug OiflOar; and euch presiding orrloer, if the pramlses of any $.t oltizen residing v&thin the presorlbed limits of g ; said town or village are ti an unclean or unhealthy oonditlon, shall notffy him of the fact, and that !i .-: y’ he must prooeed at once to olean the same. Aots 1.889, : p. 139; Acts 1st C. S.,l901, 9. 29.” .i.’ We think it olear t&t the above artisle.&& does not authorize the Commissioners Court to create a sanitary dlstrfot outside an uninoorporated town or village. As stated in your letter, the dietriet created by the Comalssloners Court ooters an area two-and one-half miles wide on each side of U. S. Blghways Nor. '59, 87 and 77. In this Stats a Commlsaloners Court Is a ooart of limited jurlsdlotlon and has no powers or duties except as olearly defined ln the Constitution and Statutes. 11 Tax. Jur., p. 563, Commissionore Court,ts. Vallaoe, 15 9. V. (2nd) 535, Citing Constitution, Artlole 5, Sec. 18; Baldwin Is9 Tratfs County, l,O T& Civ. App.; 199, 88 S. U. k60. It is our oolnion that the Comlssioners Court of Viotoria County acted-without authority in creating the sani- ‘. ‘: tary dlstrlot herein attempted to be oreated ana that a legal sanitary district has not been established ln Victoria County,. under the Zaota heg,e,ln submitted. _; ‘, ‘.. . . : _.*.i ‘_‘ ; . : ;>‘ * Yours ~t&y truly - :T.: ..-..: ,...- .’.-. .i,. ..~: . ATTORZF, GIlWUULOF ‘I’m9 BY 2!&@. - Fred C. Chandler Assistant FCO;JP