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

Commissioner of Health 

Texas State Department of Re: Authority of the Department 

Health of Health to purchase shoulder 

Austin, Texas 78756 patches for use in the enforcement of Article 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 to purchase shoulder patches for the above 

stated purpose?" 

You have stated in your request that pursuant to the 

provisions of Article 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 to wear 

shoulder patches issued by the Texas State Department of Health. 

The purpose of this regulation is to facilitate the 

identity of those persons holding a current and valid certificate. 

Section 1 of Article 4590b, Vernon's Civil Statutes, provides: 

"Section 1. No person, firm or corporation 

shall operate or cause to be operated in the State 

of Texas, any emergency ambulance, public or private, or any other vehicle commonly used for the 

transportation or conveyance of the sick or injured, without first securing a permit therefor 

from the State Board of Health as hereinafter 

provided." 

Section 3 provides in part: 

"Every such ambulance or vehicle hereinabove described, ,when in service, shall be accompanied by at least one person who has acquired 

theoretical or practical knowledge in first aid 

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Dr. J. E. Peavy, page 2 (M-1013) 

as prescribed and certified by the American Red 

Cross, evidenced by a certificate issued to such 

person by the State Board of Health." 

Section 4 authorizes the State Board of Health to prescribe rules and regulations for the purpose of carrying out the 

provisions of the Act. 

You state in your request that the Comptroller of Public 

Accounts has questioned the purchase of such shoulder patches on 

a theory stated in Attorney General's Opinion V-1365 (1951), wherein it is stated: 

"The very broad purposes and over-all policies 

of our State soil conservation laws are set forth 

in Section 2 of Article 165a-4, V.C.S. It is difficult to conceive of a greater, and at the same time 

valid, grant of powers or of one more general in 

terms than that bestowed upon the State Soil Conservation Board by Section 4 of Article 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 13 of 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 on various soil conservation subjects, or for the giving of awards for various 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 a valid law, Pickle 

v. Finley, 91 Tex. 484, 44 s.W. 480 (1989); Maud V. 

Terrell, log Tex. 97, 200 S.W. 375 (1918); 9 Tex,Jur. 

481,nstitutional Law, Sec. 61. Since a statutory 

authorization for expenditures for the purposes 

enumerated in subdivisions A, C and D of your third 

question would be unconstitutional, as we will 

hereinafter show, we are of the opinion that such 

expenditures were not contemplated or authorized by 

the Legislature. Section 52 of Article III of the 

Constitution of Texas provides: 

"'The Legislature shall have no power 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 of value in aid of, or 

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. - 

Dr. J. E. Peavy, page 3 (M-1013) 

to any individual, association, or corporation whatsoever, . . ."I 

It is noted that the expenditures prohibited in Attorney 

General's Opinion v-1365 (1951) constituted a gift or donation 

to the individual in violation of the Constitution. In the instant case, however, the shoulder patches involved are indicia 

used solely for the purpose of carrying out the provisions of 

Article 459Ob, Vernon's Civil Statutes. Therefore, the expenditure of public funds is for a governmental purpose and does not 

constitute a gift or donation. See Aransas Pass v. Keeling 112 

Tex. 339, 247 S.W. 818 (1923); State v. City of Austin, 160'Tex. 

348, 331 S.W.2d 737 (1960). You are therefore advised that the State 

Department of Health has the authority to purchase shoulder patches 

to be issued to persons certified by the State Board of Health in 

order to facilitate identification of such persons in the enforcement of the provisions of Article 459Ob, Vernon's Civil Statutes. 

SUMMARY 

The State Department of Health has the authority to purchase shoulder patches to be used 

in the enforcement of the provisions of Article 

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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Dr. J. E. Peavy, page 4 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

(M-1013) 

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