## TEEA~TORNEYGENERAL
OF TEXAS

March 

## 6,1961

Honorable Joe Resweber OpinionNo. W-1007 County Attorney Harris County Courthouse Re: Whether the CountyHealth Houston, Texas Officer of Harris County is authorized to enter into, examine, Investigate, inspect and view any ground, public building, factory, slaughterhouse, etc., and any other public place where he deems it proper for the enforcement of the rules of the sanitary code for Texas and of any health law, sanltary law or quarantine reguDear Mr. Resweber: lation of this State?

You have requested our opinion concerning the authority of the CountyHealth Officer of Harris County, Texas. In your letter of requestyou ask the following question:

Whether the County Health Officer of Harris County is authorized to enter into, examine, investigate,inspect and view any ground, public building, factory, slaughter house, etc., and any other public place where he deems It proper for the enforcement of the rules of the sanitary code for Texas and of any health law, sanitary law or quarantine regulation of this State?

Before discussing and answering your question,we wish tomake it clear that this opiniondoes not purport to define the complete realm of authority and all duties of a county health officer,but is limited in scope to the specificquestion asked.

As we interpretyour question,you are primarily concerned with whether the CountyHealth Officer of Harris CountyhasHonorable Joe Resweber, Page 2 (WW-1007)

the general authority to enter into or upon premises to inspect, investigateand examine suchpremises for purposes of discovery or suppressionof diseaseand for the enforcement of the health laws of this State.
CountyHealth Officersare creatures of the Legislature. The office exists solelyby virtue of legislative enactment. Consequently,a countyhealth officerhas no powers or duties other than those devolvedupon him by the Legislature. The Supreme Court of Texas has stated thiswell recognized rule
a e 425 of the opinion In Bryan v. Sunderberg, 5 Tex. 418 $8Eg$:
!, The officermust look to the act by which his'ohfice is created,and its dutiesare defined to ascertain the extent of his powers and the line of his duties;and he Is not at liberty to transcend the former or to vary the prescribed mode of oerformance of the latter.

. . .It Duoted with approval in Spencerv. Galveston County, 56 Tex. 384 (1882'); Crosthwaltv. State, 135 Tex. 119, 138 S.W.2d 1060 (194O)g

Article 4420 of Vernon's Civil Statutes is specifically directed to the powers which you inquire about, and reads as follows:

"Themembers of the State Board of Health
or any person duly authorizedby them, upon presentation of proper authority in writing, are hereby empowered,whenever theymay deem it necessary In pursuance of their duties, to enter into, examine, investigate, inspectand view any ground, public building, factory, slaughterhouse, packing house, abattolr, dairy,bakery,manufactory,hotel, restaurant and any other public place and public building where they deem It proper to enter for the discovery and suppressionof disease and for the enforcementof the rules of the sanitary code for Texas and of any health law, sanitary law or quarantine regulation of this State."

Pursuant to this Article, the State Board of Health on the 13th day of June, 1954,passed the following resolution:

"'NOW, THEREFORE,BE IT KNOWN that the Board of Health of the State of Texas, by law duly established and acting by a majority of itsmembers duly. .

Honorable Joe Resweber, Page 3 (WW-1007)

appointed, confirmed, qualifiedand commissioned under the law,has authorized and empoweredand does hereby authorize and empower L. D. Farragut, M.D., CountyHealth Officer of Harris County, Texas, W. A. Quebedeaux, Ph. D., Deputy County Health Officer of Harris County, Texas, and Director of the aforesaid Stream and Air PollutionControl Section of the Harris County Health Unit, and any and all other Deputy CountyHealth Officers acting for, with, or under the direction of the aforesaid L. D. Farragut or W. A. Quebedeaux, to enter Into, examine, investigate, inspect and view any ground,public building, factory, slaughter house, packinghouse, abb_attoir, dairy, bakery, manufactury,hotel, restaurant or any other public place an3 building,when they deem it necessary and where they deem it proper In pursuance of their duties to discover and suppressdisease and to enforce the sanitary code of Texas and any health law, sanitary law or quarantineregulation of the State, to the full extent of the authority conferredupon the State Board of Health by Article 4420, V.A?C.S.'"

This resolution authorized the CountyHealth Officer of Harris County, Texas, to exercise the exact powers you have inquired about and It remained in full effectuntil rescinded by resolution of the State Board of Health on the 15th day of June, 1959. In the absence of the specificauthorization of the State Board of Health, the powers enumeratedby Article 4420, Vernon's Civil Statutes,may not be exercisedby the County Health Officer of Harris County, Texas. We must then look elsewhere to find such authority, if it exists.

The statutor duties of a County Health Officerare set forth In Article %427 of Vernon's Civil Statutes,as follows:

"Each countyhealth officer shall perform such duties as have been required of county physicians,with relation to caring for the prisoners in county jails and in caring for the inmates of countypoor farms,hospitals, discharging duties of county quarantine and other such duties as may be lawfully required of the county physician by the commissionerscourt and other officers of the county, and shall discharge any additional dutieswhich itmay be proper for county authoritiesunder the present laws to require of countyphysicians; and, in addition, .

Honorable Joe

thereto, shallbe

_ 8.Resweber, Page 4 (WW-1007)

he shalldischarge suchduties as prescribed for him under.the rules, regulations ana requirementsor sne Texas State Board of Health, or the president thereof, and is empoweredand authorized to establish,maintain and enforce quarantine,withln his county. He shallalso be required to aid, and assist the,StateBoard of Health In all matters of local'quarantine,inspection,disease prevention and suppression,vital and mortuary statisticsand general sanitationwithin his county; and he shall at all times report to said State board, in suchmanner and form'as it shall prescribe, the presence, of all contagious, Fnfectlous and dangerous epidemic diseaseswithin his jurisdiction;and he shallmake such other and further reports in suchmanner and form and at such times as said State board shall direct; touching on suchmatters asmay be proper for said State board to direct; and he shall aid said State board at all times in the enforcementof its proper rules, ,regulations,requirementsand ordinances,and in the enforcement of all sanitary laws and quarantineregulationswithin his jurisdiction."

We find no language in this Article, or any other Artlcle,which gives countyhealth officers the broad general power inquiredabout in your request. It shouldbe noted in this connection,however, that ,county health officersare required to discharge "suchduties as may be lawfully required of the countyphysicianby the commissionerscourt and other officers of the county" and further that "he shalldischarge such duties as shallbe,prescribed for him under the rules, regulations and requirements of,the Texas State Board of Health."

We have n,o

knowledge oft

any action which may have been taken by the CommissionersCourt of Harris Countypursuant to Article 4427 and, therefore,decline to comment in this respect. We have ascertained that the only action by the State Board of Health has been that set forth above.
Therefore,you are advised thatwe concurwith your conclusion that the County Health Officer of Harris County,Texas,Honorable Joe Resweber, Page 5 (WW-1007)

does not have the general authorizationof entry and inspectionwhich you have inquiredabout, and your question is hereby answered in the negative.

We would here point out thatwe do not hold that the CountyHealth Officer of Harris County, Texas, does not have statutoryauthority to enter into or upon private or public premises in connectionwith the duties of his officeunder any circumstances. We merely hold that he has, at this time,

eneral authority and we will not attempt to discuss 2 ;:%mTi ose specific instances In which he Is authorized, other than by referrin you, by way of example, to Rules 18 and 19 of Article 4 77 & of Vernon's Civil Statutes:

"Rule 18. Authorities to Investigatereported cases. -Whenever a local health authority is informed or has reason to suspect that there is a case of smallpox, scarlet fever, or other reportable diseasewithin the territors overwhich he has jurisdiction,he shall immediately examine into the facts of the case and shalladopt th uarantlne or employ the sanitarymeasures aseheren provided. (Emphasisours)

"Rule 19. Shall see that quarantineand disinfection is carried out. -Within his .lurisdiction. each and every local health authority shall see that the quarantine or disinfection of any house, building, car, vessel, or vehicle, or any part thereof, and of any articles therein likely to retain infection, is carried out, and that all personswho have been in auarantlne are reauired to take a disinfectingbath _~~~- ~~ before the same are released. In the event 07 the diseasehaving been smallpox,all persons exposed shallbe isolated for eighteendays from the.time of last exposureunless successfullyvaccinated." (Fmphasisours)

SUMMARY

The County Health Officer of Harris County, Texas, does not have general authority to enter into, examine, investigate, inspectHonorable Joe Resweber, Page 6 (WW-1007)

and view any ground, public building, factory, slaughterhouse, etc., and any other public place where he deems it proper for the enforcement of the rules of the sanitary code for Texas and of any health law, sanitary law or quarantineregulation of thia State.

Yours very truly,

WILL WILSON Attorney General of Texas



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APPROVED:

OPINION COMMITTEE W. V. Geppert, Chairman

LawrenceHargrove Bob Eric Shannon William H. Pool,Jr. Jerry H. Roberts

REVIEWED FOR THE ATTORNEY GENERAL

BY: Morgan Nesbitt