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### THEATTORNEY GENERAL OFTEXAS

February 

### 14,1966

Dr. J. E. Peavy Commissioner of Health Texas State Department of Health Austin, Texas

Dear Dr. Peavy: OpinionNo. C- 609
Re: Whether Sec. 4 of Senate Bill No, 130, 59th Legislaturemakes itmandatory that the State Board of Health make an examination for tuberculosis infection of all pupils In the first and seventhgrades, or whether this section only requires the Board to provide materials for the test If schoolboardsmake this a requirement.
Your letterrequesting an opinion of this office reads as follows:

'SenateBill No. 130,aspassed 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 tuberculosishospitals. "The above-mentionedact furtherprovides 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. "Section4 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 shallprovide for the examination for tuberculosls Infection of all pupils In the first and seventhgrades 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 opinionwith regard to the following questions: "1
. Is the Texas State Department of Health required to test all pupils In the first and seventhgrades 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 testsupon request of local health officials?" Continuing the progress of improvements in the field of public health and welfare has always been an importantgoal 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 statutedeals specificallywith a phase of the program of tuberculosiseradication.

The words 'providefor",used in the text of Section 4, have severalmeanings. Among thosemeanings cited in Webster's Third New InternationalUnabridged Dictionary, 1961, p. 1827, are the following:

1 I 1 to make provision 2 to supplywhat Is needed for sustenance or support 

### (3) equipping, stocking,or giving In the interest of preparingwith foresight 

### (4) to supply foruse. In answer to your first question, it Is our opinion that the language of Section 4 of SenateBill No. 130 does not make It mandatory that the State Board of Health itselfmake an examination for tuberculosis infection. The mandatory word of the statute "shall" is followedby the words "provide for",

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### 3 (C-609)

which according to~definitlon,mean tomake provision for or to supply. Therefore, the Texas State Department of Health Is not mandatorily required to conduct such examinations of the first and seventhgrade school children in the State regardless. of any action takenby the local schoolboards and health units.

In answer to your second question,we are of the opinion that the State Board of Health, upon request,of 'localhealth officials, is mandatorily required to supply, equip, stock, and/or furnish materials necessary for tuberculosisexaminations of the designated children. SUMMARY

The State Health De by Section 4 of Article Eartment 477-12, Is not required

Vernon's Civil Statutes, to conduct examinations for tuberculosis Infection of all first and seventhgrade children. However, the State Health,Department,upon request of local health officials, is required by Section 

### 4 to supply, equip, stock, and furnishmaterials necessary for tuberculosisexamination of the designated childrenby local schoolboards 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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