TIXE NEY GENEXAL 

~FTEXAS 

Dr. R. G. Garrett, Executive Director 

Texas Animal Health Commission 

1020 Sam Houston State Office Bldg. 

Austin, Texas 78701. 

Opinion No. C-294 

Re: Whether funds currently appropriated to the Texas Animal 

Health Commission may be used 

to determine which employees 

are susceptible to blood poisoning from being exposed to toxic 

insecticides used in the ScrewDear Dr. Garrett: worm Eradication Program. 

Your request for an opinion poses the following question: 

May funds currently appropriated to the Texas Animal Health Commission be used to determine which employees are susceptible to 

blood poisoning from being exposed to toxic insecticides used 

in the Screwworm Eradication Program? 

Your original letter requesting an official opinion reads 

in part as follows: 

"The Animal Disease Eradication Division 

of the United States Department of Agriculture, 

. . is offering . , to determine the serum 

(!.holinesterase in the blood of employees who 

are either exposed to organic phosphorus insecticide or whom we intend to assign duties involving the use of these insecticides . . . 

"Employees of this Commission handle Co-Ral, 

an organic phosphorus animal insecticide, in connection with the Screwworm Eradication Program. 

In order for this test to be conducted by the 

National Animal Disease Laboratory, Ames, Iowa, 

it is necessary that they receive a minimum of 

2 ml. of frozen blood serum from each individual. 

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Dr. R. 0. Garrett, page 2 (C-294) 

"This Commission desires a written opinion as to whether or not funds appropriated to 

this Commission by the Legislature can be spent 

for the collection, handling and shipping of the 

blood samples from the individual employees, including the travel expenses incurred by the emploxees in going to and from a physician or'cliniC. 

In a letter supplementing your request, you state, in part, 

as follows: 

"The United States Department of Agriculture 

informs us that several of their employees have 

become exposed to organic phosphates and that they 

are now conducting tests on their employees to determine the serum cholinesterase in their blood. 

Our emulovees work side by s'ide in the field with 

the federal employees and"we feel it is necessary 

and desirable for State employee morale and protection, t prevent loss of work time on th 

and to avoyd 

j ob 

t he difficulty f p ibly h avkg to 

replace these employees thatowe bOzSallowed to cond UC the exoense to be provided 

from the now existing funds of the Texas-Animal 

Health Commission. 

"Should the State be allowed to conduct these 

tests it could prevent embarrassment at a later 

date if any employee became exposed to such an organic phosphate." (Emphasis added). 

Section 1 of Article 1525b, Vernon's Penal Code, provides 

in part as follows: 

,! . . . flhe Livestock Sanitary Commission, 

now the Texas-Animal Health Commission by virtue 

of Article 7009a, Vernon's Civil Statutes7 may at 

its discretion whenever it is deemed necessary or 

advisable . . . engage in the eradication and control of any disease of any kind or character that 

affects animals, live stock, fowls or canines . . .' 

It is well established that statutes containing grants of 

power are to be construed so as to include the authority to do 

all things necessary to accomplish the object of the grant. 

Terre11 v. Sparks, 104 Tex. 190, 135 S.W. 519 (1911). We must 

assume. therefore, that the Legislature meant to enable the 

Commission to be able to perform its delegated duties efficiently, 

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Dr. R. G. Garrett, page 3 (C-294) 

unhampered by low employee morale, excessive loss of work time 

and loss of personnel - due to job-connected hazards. 'When the 

Commission determines that a program is necessary and desirable 

to properly perform delegated duties, such p'l*,ogr'ai:, shy&dbe allowed if appropriations provided in connectlvn iu:i thsu;:h duties 

may reasonably be said to be broad enough to allow an exptnditurc 

on the program. 

That portion of the general appropriations bill for the 

fiscal years ending August 31, 1964,,and August 31, igE5, appropriating funds to the Animal Health Commissicn, incl::ues funds to 

be expended on the following: 

"11. Screwworm Eradication Program--Fcr 

wages, professional fees and services, tra,;rel 

expense and contingencies, including contract:;: 

II . . . House Bill 86, 58th Legislature, page 1452. 

The abolre being a broad appropriation for expenses in connection with a Screwworm Eradication Program, we are of the opinion that funds currently appropriated to the Texas Animal Health 

Commission may be used to determine which employees are susceptible 

to blood poisoning from toxic insecticides used in the Scrzwwori:: 

Eradication Program. 

SUMMARY 

Funds currently appropriated to thE 'Texas 

Animal Health Commission may be used to 

determine which employees are susceptible 

to blood poisoning from toxic insecticides 

used in the Screwworm Eradication Program. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

LCjr:ms 

Larry Craddock, Jr. 

Assistant 

I 

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Dr. R. G. Garrett, page 4 (C-294) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Gordon Houser 

Ralph Rash 

Cecil Rotsch 

APPROVED FOR THE ATTORNEX GENERAL 

By: Stanton Stone 

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