TISEATFORNEY GENERAL 

OF v?ExAH 

AUFJTIN. -rExAs 7f3711 

April 23, ,197O 

Mr. Charles R. Barden, P.E. Opinion No. H- 616 

Executive Secretary 

Texas Air Control Board Re: 

1100 West 49th Street 

Extent of authority 

Austin, Texas 78756 

of a city-county 

health district 

established under 

Article 4447a, V.C.S,. 

to enforce air 

Dear Wr. Barden: pollution laws 

You have requested our opinion as to whether a citycounty health district (Article w7a, Vernon's Civil 

Statutes), which is now defined in Article 4477-5 as a 

"local government," can make rules and regulations or 

otherwise enforce the air pollution laws. You ask whether 

our former opinion M-257 (1968) has been altered by the 1969 

amendatory revision of Article 4477-5, Vernon's Civil 

Statutes. That opinion, insofar as thfs request is concerned, 

held that a city-county health un$t was not at that time 

defined as a “local government" under the Texas Clean Air 

Act 80 as to authorize such entity to enforce the law. 

The Legislature has subsequently amended the Texas 

Clean Air Act. (Acts 1969, 6lst Leg., R.S., p. 817 

ch. 273, being S.B. 48, codified by Vernon as Art. b+77-5). 

This Act became effective September 1, 1969; Section 1.03 

(7), thereof reads as follows: 

m llocal government@ means a county; 

an incorporated city or town; or a 

health district establlshed under 

authority of Chapter 63, Act6 of the 

51st Legislature, 1949, as amended by 

Chapter 239, Acts of the 56th 

Legislature, 1959 (Article w?s, 

Vefnon~s:.TeXas Civil Statutes)." 

Article w7a, authorizes a County Commissioner 

Court, the municipal authorities of any one or more cities, 

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- 

Mr. Charles R. Barden, page 2, (M- 616) 

towns, school boards and school districts, and any other 

governmental entity to create tit 

by written "agreement." Section $ 

-county health districts 

of Article 4bb7a provides 

that a "health district may perform all the functions 

pertaining to public health which any of its component 

members is authorized to perform." We are of the opinion 

that Article 4447a is a valid general grant by reference 

from the TexasLegislature to this regional district of all 

of the powers relating to public health and abatement of 

pollution that are possessed by the component agencies who 

agree to form the health district. 53 Tex. Jur. 26 137 

Statutes, Sec. 92; 82 C.J.S., Statutes, Sec. 370, page h48; 

50 Am. Jur., Statutes, Sec. 39, pages 58-5 

Carlton, 1.16 Tex. 572, 296 S.W. 1070 (1927 3 

; Trimmier v. 

; z Ruli Case 

Sec. 160, page 908; 59 C.J. Statutes, Sec. 624,:age 

All health districts would thus have the powers 

delegated to local governments under Subchapter E of the 

Texas Clean Air Act, including the power to enforce the Act 

and such rules and regulation8 of the Texas Air Control 

Board promulgated pursuant thereto. 

However, the Act gives only incorporated cities or 

towns the right to enact and enforce ordinances for the 

abatement of air pollution, so that a city or town would 

have to be a party to the agreement enacting the district 

before the city-county health district would have the power 

to ordain and adopt ordinances not inconsistent with state 

rules. Sec. 5.05, Texas Clean Air Act. 

To the extent that Attorney General Opinion No. M-257 

supra, ehould conflict. with this holding, such prior 

opinion Is hereby modified to the extent of any conflict 

because of the re-definition of "local government" by the 

1969 amendment to the Texas Clean Air Act. Such a Legislative Act does not take away the resent duties and powers of 

cities and counties since Art. 4t.4 ?a is not an exclusive act; 

nor would appointment of a counsel for a city-county health 

unit diminish the authority of a city attorney or county 

attorney should such units of local government desire to 

file individual suits to abate air pollution even after 

creating the health district. 

(1966). 

Attorney General Opinion c-782 

A city or county would not lessen their legal duties 

to abate water or air pollution by virtue of any agreement 

for these duties also to be done for them by a health 

district. 

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or. Charles R. Rarden, Page 3, (M- 616) 

A county has only those powers or duties as are 

conferred by the constitution and statutes of the state. 

15 Tex. Jur. 2d, Counties, Sec. 80, page 307. A cltycounty health district, one of whose members is a city, 

can ordain or adopt health and pollution rules so long 

as such ordinance is not "inconsistent with" the Texas 

Clean Air Act. 

Act. 

Section 5.05 (a) (2), Texas Clean Air 

------- SUMMARY 

City-county health districts (Article 

u7a, V.C.S.) are defined as 

local governments" under the Texas 

Clean Air Act and have legal authority 

to file suits in their own name to 

enforce the Texas Clean Air Act, or 

to enforce rules and regulations of 

Texas Clean Air Act, or to ,enforce 

rules and regulations of Texas Air 

Control Board. All duties of cities 

or counties to act through a "local 

government I' to abate air pollution 

continue to exist even if enforcement 

is done through a city-county health 

district. Article V, Sec. 21, 

Texas Constitution. A health district 

or "local government" has the seme 

power to ordain or adopt health 

pollution rules as a city If an lncorporated city or town is a party 

to the agreement creating the health 

district. 

General of Texas 

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. - 

Mr. Charles R, Barden, page 4, (M-616) 

Prepared by Roger Tyler 

Assistant Attorney General 

APPROVED: 

OPINION coMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

Roland Allen 

Houghton Brownlee 

John Grace 

JohnBanks 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFREDWA&KER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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