### 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 currentlyappropriated to the Texas Animal Health Commissionmay be used to determine which employees are susceptibleto blood poisoning frombeing exposed to toxic insecticidesused in the ScrewDear Dr. Garrett: worm EradicationProgram.

Your request for an opinionposes the following question: May funds currently appropriated to the Texas Animal Health Commission be used to determinewhich employeesare susceptibleto blood poisoning from being exposed to toxic insecticidesused in the Screwworm Eradication Program? Your original letter requesting an official opinion reads in part as follows:

"TheAnimal Disease EradicationDivision of theUnited States Department of Agriculture,

. . is offering
. , to determine the serum (!.holinesterase

in the blood of employeeswho are either exposed to organicphosphorus insecticide or whom we intend to assign duties involving the use of these insecticides
. . .
"Employeesof this Commissionhandle Co-Ral, an organicphosphorus animal insecticide, in connection with the Screwworm EradicationProgram. In order for this test to be conducted by the NationalAnimal Disease Laboratory,Ames, Iowa, it is necessary that they receive a minimum of 2 ml. of frozenblood serum from each individual.
-1406-Dr. R. 0. Garrett, page 2 (C-294)

"This Commission desires a written opinion as to whether or not funds appropriated to this Commissionby the Legislature can be spent for the collection,handling and shipping of the blood samples from the individual employees, including the travel expenses incurredby the emploxees in going to and from a physician or'cliniC. In a letter supplementingyour request,you state, in part, as follows: "TheUnited States Department ofAgriculture

informs us that several of their employeeshave become exposed to organicphosphates and that they are now conducting tests on their employees to determine the serum cholinesterase in theirblood. Our emuloveeswork sideby s'ide in the field with the federal employeesand"we feel it is necessary and desirable for State employeemorale and protection, t prevent loss of work time on th and to avoyd job

t he difficulty f p ibly havkg to replace these employees thatowebOzSallowed to condUC the exoense to be provided from the now existing funds of the Texas-Animal Health Commission. "Should the Statebe allowed to conduct these tests it could prevent embarrassmentat a later date if any employeebecame exposed to such an organic phosphate." (Emphasisadded). Section 1 ofArticle 1525b,Vernon's Penal Code, provides in part as follows:

,!

. . . flhe Livestock Sanitary Commission, now the Texas-Animal Health Commissionby virtue ofArticle 7009a, Vernon's Civil Statutes7may at its discretion whenever it is deemed necessary or advisable
. . . engage in the eradicationand control of any disease of any kind or character that affects animals, live stock, fowls or canines
. . .' It is well established that statutescontaining 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, 

### 135S.W. 519 (1911). We must assume. therefore, that the Legislaturemeant to enable the Commission to be able to perform its delegated duties efficiently, -1407-Dr. R. G. Garrett, page 3 (C-294)

unhampered by low employeemorale, excessive loss of work time and loss of personnel - due to job-connectedhazards. 'Whenthe Commission determines that a program is necessary and desirable to properly perform delegated duties, suchp'l*,ogr'ai:, shy&d be allowed if appropriationsprovided in connectlvn iu:i th su;:h

duties may reasonablybe said to be broad enough to allow an exptnditurc on the program.

That portion of the general appropriationsbill for the fiscal years endingAugust 31, 1964,,andAugust 31, igE5, appropriating funds to theAnimal 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 Commissionmay be used to determine which employees are susceptible toblood poisoning from toxic insecticidesused in the Scrzwwori:: Eradication Program. SUMMARY

Funds currently appropriated to thE 'Texas Animal Health Commissionmay be used to determine which employees are susceptible to blood poisoning from toxic insecticides used in the ScrewwormEradication Program. Yours very truly, WAGGONER CARR Attorney General

LCjr:ms Larry Craddock, Jr. Assistant

I

-1408-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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