-. 

THEATTORNEY GENERAL 

OFTEXAS 

February 14, 1966 

Dr. J. E. Peavy 

Commissioner of Health 

Texas State Department 

of Health 

Austin, Texas 

Dear Dr. Peavy: 

Opinion No. C- 609 

Re: Whether Sec. 4 of Senate 

Bill No, 130, 59th Legislature makes it mandatory 

that the State Board of 

Health make an examination 

for tuberculosis infection 

of all pupils In the first 

and seventh grades, or 

whether this section only 

requires the Board to provide materials for the test 

If school boards make this 

a requirement. 

Your letter requesting an opinion of this office reads 

as follows: 

'Senate Bill No. 130,as passed by the 

59th Legislature at Its Regular Session and 

codified In Vernon's Texas Civil Statutes as 

Article 4477-12, effective September 1, 1965, 

transferred to the State Health Department 

fron the State Board for Hospitals and Special 

Schools all tuberculosis hospitals. 

"The above-mentioned act further provides 

for the unification and consolidation In the 

State Health Department and responslblllty, 

powers, duty, authority and function of case 

finding, follow up, treatment, cure, prevention, 

eradication and control of tuberculosis in the 

State of Texas. 

"Section 4 of Senate Bill No. 130 is as 

follows: 

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.- 

Dr. J. E. Peavy, page 2 (C&09) 

"'Section 4. The State Board of Health 

shall provide for the examination for tuberculosls Infection of all pupils In the first 

and seventh grades of the public, parochial 

and private schools of this state, and of all 

pupils transferred to the public, parochial, 

and private schools of this state from another 

state or country.' 

"Therefore, we request your opinion with 

regard to the following questions: 

"1 . Is the Texas State Department of 

Health required to test all pupils In the first 

and seventh grades for tuberculosis infection? 

"2. If It Is not required that the Texas 

State Department of Health actually perform 

the tests, is the Texas State Department of 

Health required to provide the necessary 

materials for the tests upon request of local 

health officials?" 

Continuing the progress of improvements in the field 

of public health and welfare has always been an important goal 

of the Legislature of the State of Texas. This purpose was 

behind the enactment of Section 4 of Article 4477-12, Vernon's 

Civil Statutes. This section of the cited statute deals specifically with a phase of the program of tuberculosis eradication. 

The words 'provide for", used in the text of Section 

4, have several meanings. Among those meanings cited in Webster's 

Third New International Unabridged Dictionary, 1961, p. 1827, are 

the following: 

1 

I 1 

to make provision 

2 to supply what Is needed for sustenance 

or support 

(3) equipping, stocking, or giving In the 

interest of preparing with foresight 

(4) to supply for use. 

In answer to your first question, it Is our opinion 

that the language of Section 4 of Senate Bill No. 130 does not 

make It mandatory that the State Board of Health itself make an 

examination for tuberculosis infection. The mandatory word of 

the statute "shall" is followed by the words "provide for", 

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Dr. J. E. Peavy, page 3 (C- 609) 

which according to~definitlon, mean to make provision for or to 

supply. Therefore, the Texas State Department of Health Is 

not mandatorily required to conduct such examinations of the 

first and seventh grade school children in the State regardless. 

of any action taken by the local school boards and health units. 

In answer to your second question, we are of the opinion 

that the State Board of Health, upon request, of 'local health 

officials, is mandatorily required to supply, equip, stock, and/or 

furnish materials necessary for tuberculosis examinations of the 

designated children. 

SUMMARY 

The State Health De 

by Section 4 of Article E 

artment 

477-12, 

Is not required 

Vernon's Civil 

Statutes, to conduct examinations for tuberculosis 

Infection of all first and seventh grade children. 

However, the State Health,Department, upon request 

of local health officials, is required by Section 

4 to supply, equip, stock, and furnish materials 

necessary for tuberculosis examination of the 

designated children by local school boards and 

health units. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

AM:ra:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Robert Flowers 

Dean Arrlngton 

Linward Shivers 

By: - cl'& 

Alan Minter 

Assistant 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

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