Hon. George W. Cox Opinion No. O-5720
State Health Officer Re : Whether criminal prose-
Texas State Board of Health cution can be had under Ar-
Austin, Texas title 165-3, V.A.C.S.
Dear Sirl
We have your letter reading as followsr
“A question has arisen concerning the prosecu-
tion of cases under Article 165-3 Revised Civil
Statutes of Texas, which is commonly referred to as
the Texas Milk Gradin,: and Labeling Law.
“It will be noted that Section 8 of this Stat-
ute provides for a penalty by fine in an amount not
less than $25.00 and not more than $200.00. How-
ever, a similar statute is not found in the Penal
Code defining such acts as a violation.
“Therefore, I would like to know whether or not
the State Department of Health may file a criminal
complaint and prosecute such case under Article 165-
3 Revised Civil Statutes of Texas.”
Section 8 of Article 165-3, Vernon’s Annotated Civil
Statutes, provides that whoever violates any provisions of the
Act referred to in your letter shall be subject to a fine and
that each violation shall constitute a separate offense. It
makes no difference that this regulatory Act is not carried
forward and incorporated in tne penal statutes. Violations of
its terms are nevertheless punishable as criminal offenses and
your department is authorized to file criminal complaints
against offenders and prosecute the same.
APPBOVEDDEC 15, 1943 Yours very truly
/s/ Gerald C. Mann ATTORNEYGENERALOF TEXAS
ATTORNEYGENEHALOF TEXAS By /s/ Ubert Hooper
APPROVED: OPINION COMMITTEB tilber,t Hooper, Assistant
BY: BWB, CHAIRMAN
M:dbrwb