TEEA~TORNEYGENERAL 

OF TEXAS 

March 6, 1961 

Honorable Joe Resweber Opinion No. W-1007 

County Attorney 

Harris County Courthouse Re: Whether the County Health 

Houston, Texas 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, sanltary law or quarantine reguDear Mr. Resweber: lation of this State? 

You have requested our opinion concerning the authority 

of the County Health Officer of Harris County, Texas. In your 

letter of request you 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 

to make it clear that this opinion does not purport to define 

the complete realm of authority and all duties of a county 

health officer, but is limited in scope to the specific question asked. 

As we interpret your question, you are primarily concerned with whether the County Health Officer of Harris County has 
Honorable Joe Resweber, Page 2 (WW-1007) 

the general authority to enter into or upon premises to inspect, investigate and examine such premises for purposes of 

discovery or suppression of disease and for the enforcement 

of the health laws of this State. 

County Health Officers are creatures of the Legislature. 

The office exists solely by virtue of legislative enactment. 

Consequently, a county health officer has no powers or duties 

other than those devolved upon him by the Legislature. The 

Supreme Court of Texas has stated this well recognized rule 

a e 425 of the opinion In Bryan v. Sunderberg, 5 Tex. 418 

$8Eg$: 

!, The officer must look to the act by which 

his'ohfice is created, and its duties are 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 Spencer v. Galveston 

County, 56 Tex. 384 (1882'); Crosthwalt v. 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: 

"The members of the State Board of Health 

or any person duly authorized by them, upon presentation of proper authority in writing, are 

hereby empowered, whenever they may deem it necessary In pursuance of their duties, to enter into, 

examine, investigate, inspect and view any ground, 

public building, factory, slaughter house, 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 suppression of disease and 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." 

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 its members duly 
. . 

Honorable Joe Resweber, Page 3 (WW-1007) 

appointed, confirmed, qualified and commissioned 

under the law, has authorized and empowered and 

does hereby authorize and empower L. D. Farragut, 

M.D., County Health 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 Pollution Control Section of the Harris County Health Unit, and 

any and all other Deputy County Health 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, packing house, 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 suppress disease and to enforce the sanitary code of Texas and any health law, 

sanitary law or quarantine regulation of the State, 

to the full extent of the authority conferred upon 

the State Board of Health by Article 4420, V.A?C.S.'" 

This resolution authorized the County Health Officer of 

Harris County, Texas, to exercise the exact powers you have 

inquired about and It remained in full effect until rescinded 

by resolution of the State Board of Health on the 15th day of 

June, 1959. In the absence of the specific authorization of 

the State Board of Health, the powers enumerated by Article 

4420, Vernon's Civil Statutes, may not be exercised by 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 Officer are set 

forth In Article % 427 of Vernon's Civil Statutes, as follows: 

"Each county health 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 county poor farms, hospitals, discharging duties of county quarantine and other such 

duties as may be lawfully required of the county 

physician by the commissioners court and other 

officers of the county, and shall discharge any 

additional duties which it may be proper for 

county authorities under the present laws to require of county physicians; and, in addition 
, . 

Honorable Joe 

thereto, 

shall be _ 8. 

Resweber, Page 4 (WW-1007) 

he shall discharge such duties as 

prescribed for him under.the rules, 

regulations ana requirements or sne Texas 

State Board of Health, or the president thereof, and is empowered and authorized to establish, maintain and enforce quarantine,withln 

his county. He shall also be required to aid, 

and assist the,State Board of Health In all 

matters of local'quarantine, inspection, disease 

prevention and suppression, vital and mortuary 

statistics and general sanitation within his 

county; and he shall at all times report to said 

State board, in such manner and form'as it shall 

prescribe, the presence, of all contagious, Fnfectlous and dangerous epidemic diseases within his 

jurisdiction; and he shall make such other and 

further reports in such manner and form and at 

such times as said State board shall direct; 

touching on such matters as may be proper for 

said State board to direct; and he shall aid said 

State board at all times in the enforcement of 

its proper rules, ,regulations, requirements and 

ordinances, and in the enforcement of all sanitary laws and quarantine regulations within his 

jurisdiction." 

We find no language in this Article, or any other Artlcle, which gives county health officers the broad general 

power inquired about in your request. It should be noted in 

this connection, however, that ,county health officers are required to discharge "such duties as may be lawfully required 

of the county physician by the commissioners court and other 

officers of the county" and further that "he shall discharge 

such duties as shall be,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 Commissioners Court of Harris County pursuant 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 concur with your conclusion that the County Health Officer of Harris County, Texas, 
Honorable Joe Resweber, Page 5 (WW-1007) 

does not have the general authorization of entry and inspection which you have inquired about, and your question is 

hereby answered in the negative. 

We would here point out that we do not hold that the 

County Health Officer of Harris County, Texas, does not have 

statutory authority to enter into or upon private or public 

premises in connection with the duties of his office under 

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 Investigate reported 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 disease within the territors over which he 

has jurisdiction, he shall immediately examine 

into the facts of the case and shall adopt th 

uarantlne or employ the sanitary measures aseheren provided. (Emphasis ours) 

"Rule 19. Shall see that quarantine and 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 persons who have been in 

auarantlne _~~~- ~~ are reauired to take a disinfecting bath 

before the same are released. In the event 07 the 

disease having been smallpox, all persons exposed 

shall be isolated for eighteen days from the. time of 

last exposure unless successfully vaccinated." 

(Fmphasis ours) 

SUMMARY 

The County Health Officer of Harris County, 

Texas, does not have general authority to 

enter into, examine, investigate, inspect 
Honorable Joe Resweber, Page 6 (WW-1007) 

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 

thia State. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

wos:mm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Lawrence Hargrove 

Bob Eric Shannon 

William H. Pool, Jr. 

Jerry H. Roberts 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Morgan Nesbitt