OFFICE OF THE ATTORNEY: GENERAL OF TEXAS 

AUSTIN 

GROVERSELLERS 

ATTORNEY GENERAL 

Honorable Oeo. W. Cox 

Stete Health Ottlosr 

Taxas State Board of Health 

Austin, Texa8 

for an opinion 

nlta tlon Reoearoh Foununder the prOYi8iOnB Of 

statutes of the state oi 

by: W. 1. Hloks, Captain Lewis Dodson, 

Dr. Ceorgr W. Cox, Robert W. Harding:, 

ksll, and A. lr. AUtohell, all oltizrnr 

opg or tha Artioles of Inoorporatlon Is 

attaohed hereto. The purposes of the ?oundatIon ara 

stated In Artlola ) of the Artiolas. A Prasldont, 

and Board of Dlrootora have born 

Tha purposes are rduortional and oheritrble, 

*Under the Chartor, thr Corporation has rightr 

and powers to reoelvs donations, grants, derloas, 

glita, l pproprIa:Ionr, allotments 0r money, reel or 

prraoaal property from IndIviduala, oorporstiona, 

foun6ationa, and governmental agenolee; and to invest, 

ra-invest, manage, transrer tltlr by deed or othorwfse, 
Hon. Oeo. W. Cox, page 2 

*The State Department of Health In many of ita 

aotivltier promotes or rather assists oltles and 

oounties In promoting pub110 health aotlvltlea, inoludlng the securing of hospitals, health center 

buildings, water and sewer systems, garbsge feoi lltles, 

and the like, In Borne of these projeotr, such as 

oounty health unita, we eubaldlze or oooperate finanolally In the setting up of euoh health services. 

Slnoe there ir an unusual demand at this time for further researoh and ror whioh rssearoh faoIlItIea are 

needed if we are to IndustrIalIze this Stats, and It 

we are to prepare ourselves for the oarriera with 

tropical diseases that will be oomlng Into the State, 

and ii we are to meet some of our present urgent problemm suoh as typhur oontrol, e building with remearoh 

faoIlItIes 18 urgently needed. 

property so reoeived, to oonstruct bulldlngs and 

faollltlea for the use and benefit of the Corporation In whatever manner the Board of Dlreotora may 

deolde; and to make flnanoiel grants, granta In aid, 

grant soholarshipe, oertifloatea of merit, awards, 

and honorariums to oerry on its purpose, and to 

eleot dlreotors, 8eleot and employ personnel and 

assletanta. 

“The Corporation la e non-profit self-perpetuating 

membership Corporation with no oapital #took, 

“The Foundation, although still l.n its lnfanoy, 

la sponsoring a training oouree for the State Department of Health and has for Its objeotlve the oonstruotion of a building equipped with laboratory and reaearoh faollltles whioh it is planned to oonstruot on 

land owned by the State adjoining our present building 

and oonnectea with It, and this building with Ite 

fsollities will beoome the property of the State. 
. . - 579 

Hon. Oeo. W. Cox, page ) 

*?inoe the Reaearoh Foundation will probably 

prcrlde moat of the tinanoes for this building and 

these taoIlitlas wo write to Inquire whrther or not Z 

our Department osn assist the Foundation In the 

promotion of thI8 building an4 researoh faoIlItIe8 

even to the race extent of solioltlng funds along 

the taame line t&at we have been 8ollaItIn~ fu8d8 

for our other health 8otIvItIes. ‘4s dll appreoIat8 

8 written opinion from you 08 thin subjeot and 8h8U 

be glad to furnish you with rag other detaIla 8urrounding thir proposed venture that you may requ8at.W 

The following quoted statute8 authorize the establirhmaat of the State Department of Bsalth and define it8 general 

power8 and duties% 

Artlale 44148, Vernon’s Annotated Civil Statutes! 

- 

“To better proteot and promote the health of 

the people of Texas, there is hereby sstabll~shed 

the State Department of Eealth, whIoh Department 

ahsll oonslmt of a State Board of Kaslth, 8 Stats 

Health Oifloer and hi8 l dmInIstratlve stair, and 

whioh ah811 have the gbneral power8 end dutler 

authorized rnd Imposed by the provisions of thir 

a0t.a 

ltrtlole 44168, Vernon’8 Annotated. Civil Statutea: 

*The State Board of Health shall have the 

following power8 and dutlrrl 

“(1) To eleot, by a ma Jorlty vote oi the who18 

membership oi the Board, a State Health Ofiloer, who 

rhall be l xeoutivo of the State Department of Health, 

rubjeot to the rurther pr8rIsIon8 oi thlr Aestl 8~4 to 

rurpend or remove raid ofilorr for good and rutfloient 

oaune, sustained by a majority oi the Boar4 msmkrshipi 

provided, that raid officer 8hall not ba removrd until 

he has been given 8 hearing beforr said Board, If ho so 

l leot8. Immediately after the appointment oi a now 

State Board of Health, a8 provided In thir Aot, 8814 

Board shall organize, and appoint a State Herlth Olfloer, 

who shall serve as suoh, unless sooner removed am above 

provided, until the laat regular quarterly mortfng Of 

the Board in 1928; and at ruoh meeting, and l Ter y two 

years thereafter, the State Board of Health shall 
580 

Hon. Oeo. W. Cox, page 4 

appoint e Stat8 Health CffiO8r, who shall serve, 

unless sooner removed as 4bove provided, for a 

t8l.m 0r two years end until his sucoessor shall 

be appointed and shall have qualiiled. 

"(2) To investigate the conduct oi the work 

0r the Stat8 Department 0r Health, and r0r thl4 

purpose to have eoo8ss, at any time, to all books 

and record8 thereof, and to require written or 

oral inrormation rrom any 0rri00r or employ88 

thrreor. 

"(3) To adopt rule, not lnoonelstent with law, 

ror Its own procedure, 4 copy or which rules shall 

be filed in the State Department Of Health." 

Art1018 l+418d, Vernon's Annotated Civil StatUt8S: 

-"The Stat8 Health Officer shall be the 8X8OlltiVe 

head ol the State Department Of Health, and he shall, 

subject to the provisions or thle Act, exeroiae all 

the powers and dlaoharge all the duties now vested 

by law In the Texas State Department of Health snd 

the State Health CfiiO8r, as well as all powers now 

vested by law in any OffiC8r, assistant, director or 

bureau head of the State Department of Health, excepting only such power4 4s may be oonrerred by this 

Act upon the State Board of Health hereby orsated,Thr 

state Health CifiO8r, with the approval or the Stete 

Board ot Health, may organizo and maintain within his 

Department such dlvl4lona Of service es are deemed 

n808ss4ry ror the orrloisnt conduct 0r the work or 

t h8 Dep4rtm8nt. From time to time, he shall appoint 

directors of such divisions, as well as other employee8 

or the Department, and shall designate the duties and 

supervise the work of sll such directors end emplo 888. 

He shall here the power, with the approrcll of the .5 tat. 

Board of Health, to prescribe and promulgate ruoh administrative rules and rsgulationr, not lnconslstent 

with any law of the State, es may ti deemed n8cesserJ 

for the 8rr8OtiV8 

P 

eriormenoe or the dutle8 imposed by 

this Br 4ng other aw upon the State Department Or 

Health and its 4ever41 ofiloerr and divisions." 
. 

Hon. Oeo. We aor, pagr 5 

Article l&181, Pomoa'a Annotated Civil St8tUtO8l 

*It #hell b8 i8WfUi ror the Stuto Deplrtmeht 

oi Health to accept donotions and oontrlbutione, 

to bO exPOnded in the interest of the publloT~~lth 

and the enroroement or publio health laws. 

COnslicOloner8 Court of any County ~hOl1 hers thr 

authority to appropriate and expend money fr- the 

gvnersl ZYIenues or it8 county rot end In behrlt 

Or publlr health and srnitetlon Within it8 COUnty." 

Art. 4119, Vernon'8 Annotated Civil Stetutrat 

"%a ?tat* Board oi H88lth 8heil have general 

supervision 8& OOIItrOl Or 811 Datt8ru perteinihg a 

;tre~; health of aitieaom or thir State, a8 provided 

. It $:Iall make I study of the OausBs and pr*- 

ventlon or lai*OtiOn or contagious diee8OeO dr90tlng the llvrr of OitiZGa8 within thlo State end Oxoopt O8 0themlOe provided in this cheptsr 8h8ll havr 

dlreotlon rnd Oontrol 0r all matter8 of querantine 

reguletionr aad enforocaent and 8h8ll hrvo full power 

and euthorlty to prevent the Ontrsnoe of ruoh dlsoO8e8 

iron poiut8 without the e‘tete, and 8hPn hare &bootlon and Ocntrol over eenitary end quarantine mmsure8 

ror de8llnr: with eu disersos within the State 8rid to 

ruppre88 e*w 8nd prevent their epread. The pre8idOnt 

of the boar4 6kbll have ohm&e of and superintaad the 

8dmfn18trrtlfJ~ or Ou matters pertaining to Stat0 

quer8ntlnr.* 

We bOlleve the above sat out etatuter provide amp10 

euthorlty for the FeOOiving by the Stat. Ihp8rtmmt oi tlealthr 

Or donetione ml)13 bontributione to be used end expended in the 

laterret Or thr #abliO heelth 88 provided by rtstuts. 

Howercr, ln thle oonneotlon, we find no 8uthorinitim 

for the Etatb kflrkent or Health or any or ltr eomp0neBt part8 

to promoto or eC8!8t in the promotion or the aoquiritlon 0r 

ra*iliti08 88 Ptr)orrd by you. BOWeV,,r,de81rable auoh r8OuitiO8 

w bo, they Rut rm1t the gOROrO8ity or 80EiO prlrate donor Qr 
an sot or tha Legldlrture providing ror the oonstruotlon and 

spulpping 0r rane by the ‘tat.. In no O@IBO Oould ruoh iaollitlo be o-nstructed upon property of the State of Texrr wlthout proper authorlzatlon by the .%ato Legllrlaturr, 

I Trusting the above ratlsraotorily anawem your 

quertlon, we ora 

four8 very truly, 

ATTORN @‘RRRAL OF TEXAS 

/n b -+--/ A .- n 

Robert L. Lattimore , Jr, / 

Asal &ant. 

582 - 

Eon. ho. W. 00x, page 6