Honorable J. E. Peavy Opinion No. M-1013

Commissioner of Health Texas State Department of Re: Authority of the Department Health of Health topurchase shoulder Austin, Texas 78756 patches foruse in the enforcement ofArticle 459013,V.C.S. Dear Dr. Peavy:

Your request for an opinion on the above subject matter asks the following question:

"Under the above stated fact situation, does Article 4590b,V.C.S., authorize and empower this agency topurchase shoulder patches for the above stated purpose?"
You have stated inyour request that pursuant to the provisions ofArticle 4590b, Vernon's Civil Statutes, the Texas State Department of Health has adopted certain rules and regulations requiring those persons operating public and private emergency ambulances licensed by the State Board of Health towear shoulder patches issued by the Texas State Department of Health.

Thepurpose of this regulation is to facilitate the identity of those persons holding a current and valid certificate. Section 1ofArticle 4590b, Vernon's Civil Statutes, provides:

"Section 1. Noperson, firm or corporation shall operate or cause tobe operated in the State of Texas, any emergency ambulance, public orprivate, or any other vehicle commonly used for the transportation or conveyance of the sick or injured, without first securing apermit therefor from the State Board of Health ashereinafter provided." Section 3provides inpart: "Every such ambulance orvehicle hereinabove described, ,whenin service, shall be accompanied by at least oneperson who has acquired theoretical orpractical knowledge in first aid -4942-Dr. J. E. Peavy, page 2 (M-1013)

asprescribed and certified by theAmerican Red Cross, evidenced bya certificate issued to such person by the State Board of Health." Section 4authorizes the State Board of Health toprescribe rules and regulations for the purpose of carrying out the provisions of the Act.

You state inyour request that the Comptroller of Public Accounts has questioned the purchase of such shoulder patches on a theory stated inAttorney General's Opinion V-1365 (1951),wherein it is stated:

"Thevery broad purposes and over-all policies of our State soil conservation laws are set forth in Section 2ofArticle 165a-4, V.C.S. It is difficult to conceive of a greater, and at the same time valid, grant ofpowers or of onemore general in terms than that bestowed upon the State Soil Conservation Board by Section 4ofArticle 165a-4, V.C.S., and upon the supervisors of soil conservation districts by Section 7,Article 165a-4,substantially re-enacted in Section 4E,Article 16%~8, V,C.S. (H.B. 97), and Section 13of House Bill 190. Nevertheless, we do not believe that the Legislature intended to authorize the expenditure of either State appropriated or local funds for the giving of awards for essay contests onvarious soil conservation subjects, or for the giving of awards forvarious soil conservation projects, or for the purchase of entertainment for the promotion of soil conservation. A oresumotion will be indulged that the Legislature desired and intended to enact avalid law, Pickle v. Finley, 91Tex. 484, 44 s.W. 480 (1989);Maud V. Terrell, log Tex. 97, 200 S.W. 375 (1918); 9Tex,Jur. 481,nstitutional Law, Sec. 61. Since a statutory authorization for expenditures for the purposes enumerated in subdivisions A, Cand D ofyour third question would be unconstitutional, aswewill hereinafter show,we are of the opinion that such expenditures were not contemplated or authorized by the Legislature. Section 52ofArticle III of the Constitution of Texas provides: "'The Legislature shall have nopower to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing ofvalue in aid of, or
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to any individual, association, or corporation whatsoever, . . ."I
It isnoted that the expenditures prohibited inAttorney General's Opinion v-1365 (1951) constituted a gift ordonation to the individual inviolation of the Constitution. In the instant case, however, the shoulder patches involved are indicia used solely for the purpose of carrying out theprovisions of Article 459Ob, Vernon's Civil Statutes. Therefore, the expenditure ofpublic funds is for a governmental purpose and does not constitute a gift or donation. SeeAransas Pass v. Keeling 112 Tex. 339, 247 S.W. 818 (1923); State v. City ofAustin, 160'Tex. 348, 331 S.W.2d 737 (1960).You are therefore advised that the State Department of Health has the authority topurchase shoulder patches tobe issued topersons certified by the State Board of Health in order to facilitate identification of suchpersons in the enforcement of theprovisions ofArticle 459Ob,Vernon's Civil Statutes.
SUMMARY The State Department of Health has the authority topurchase shoulder patches tobe used in the enforcement of theprovisions ofArticle 4590b, Vernon's Civil Statutes, regulating the operation of emergency
yours,

Prepared by John Reeves Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E.Allen, Co-Chairman Glenn Brown Jack Sparks Mike Stork James Mabry ney General of Texas

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SAMMCDANIEL Staff Legal Assistant
ALFRED WALKER Executive Assistant
NOLA WHITE First Assistant (M-1013)

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