Hon. George Ii. Cox

.State Health Officer pion No. 

### ‘o-5025 : Commissioners’ Courts mayexpend Texas State Board of .county funds for the purpose of colHealth letting and disposing of garbage If Austin, Texas sameIs .deemedby the Commissioners’

. Courtsto be in behalf of the public healthy and sanitation of the county Dear Sir: ana 8’~ related matter

. Your request for opinion has been received and fully considered by this department. Wequote from your quest as follows:

“The national Congress has appropriated under the ‘provisions of the LanhamAct, $300,0~0,000 to provide funds to relieve ~local munlhipalItles from the financial burdens occasioned by large Influxes of population caused by the establishment of Armycamps, Naval. stations, flying fields, and carerewar industries ln andnear these communities for the construction of communItyutIlItIes and 40 provide sanitation for the protection .of public health’

. The admlnlstrat,I.on of these funds and the ‘superorsion’ of construction has been placed unde,r the Federal Works Agency, with reglonal offic~es In Fort Worth,,Texas, for the southwestern region. The Texas State Department of Health has filed numerous applications with the Federal WorksAgency for allotment of funds for maintenance ana operation of sanitary’ projects .collectlon.and disposal .of garbage, sanitary pii privles~,~.proteotlon 

### of small water supplles, atidsupervisory personnel. To date, none of these projects filed by the department for the foregoing purposes has received the approval of the Federal WorksAgency andhad funds allotted ,:, to. .them. The LanhamAct provides, amongother things that the funds appropriated maybe allotted to mun~clpalltles andpolItica sub divisions, ~ provided the muuIcIpalItIes~ or the’ polltloal sub. divisions cannot provide the facillties~ wIthout. Imposing a heavy financial burden ‘uponthemselves.
%ome uncertainty a,t2a~ doubts have. arisen as’to the legality ‘of counties partlclpatlng rlnanclally’I?on. George H. Cox, page 2 (C-5025)

in ccntrlbutlng to the financing of malnten- ;Lnce

### aa operation of emergency sanitation projects: Ye shall ask you to give us advise, on the folloirslng questions:

“4rticle 

### 4418-f,

Vernon’s Statutes, provides t&t It shall be ltidful for the State Department of health to accept donations and contributions to be expended In the interest of public health andthe enforcement of public health lass. The commissioners court of any county shall have the authority to appropriate and expend moneyfrom SL:e general revenues of Its county for andIn behalf of public health and sanitation within its coullty.

“Question 1. Is It legal for a Contissloncrs’ I Court to expend noneys from Its general fund to provide for collection anddisposal of garbage from persons living outside the limits of an Incorporated city or townwhere the State Health Departmezf advises th;t failure to do so is amenace to the health of the citizens of such county?

“Question 2. Under the sa&s article above cited, but keeping in mindthe provisions of.Section 

### 52,article 

### 3 of ths Constitution of Texas, Is It lawful for the County Commissioners Court to ejrend moneys from the General Punc of the county for the purpose of constructing privies on private property where the qtate Board of health advises sucl-.construction is necessary.In ihe Interests of the public health of the citizens of the county-?

“The army, Navy, aid 4.r Corps have establlslied tzrilnln~ camps, air fields, Zaval stations, ship bulling 

### yards, and other war Industries in moretila seventy-five colnmunlties andseas in the State of Texas. Manyof these areas formerly had sparse populations, with only sufficient community faciiltles to accoauaodate normal populations. T!.e influxes of trainees, war workers, nndcivilians hi; thrown an excessive burden upon ihese communities and areas sc tilat at the 2reser.t tlnie the facilitle.: are Inadequate andmanyof the cormaunltles have n: finances or credit *&Ithvhlch to provide relle:. Emergencies exist In raanyareas. It Is Imperative th.:tt they be relieved at the etirllest possible ti*qe. Therefore
, we shall ask you to give us an answer to the forec;oing questions at your earliest. convenI;nce. II

. . . .”Hon. George H. Cox, page 3 (0-5025)

Article 

### 4h18f,

Vernon’s Annotated Texas Civil Statutes, reads in part as 

### r0liObk9:

said ,I

. . . The commissioners court of any county shall have the authority to appropriate and expend moneyfrom the general revenues of Its county for and In behalf of public health and sanitation wlthIn the county.” Construing the above quoted portion of the statute we In our opinion No. O-25808:

“No detailed direction Is given as to howsuch general power shall be exercised but this matter is left largely within the discretion of the commlssloners’ court.”
In opinion No. O-4725 of this department weheld that the Commissioners’ Court could expend funds from the general fund of the county for the purpose of establishing and supporting a prophylactic unit if the court considered sameto be in behalf of the public health,and sanitation of the county.

In answer to your first question It Is our opinion that sameshould be answered In the affirmative if the CornmIssIoners Court deems the collection anddisposal of such garbage to be In behalf of the public health and sanitation of the county.

Uecannot categorically answer your second question as we donot have suffIcIent facts before us. Howeverwe think the Commissioners1 Court would have authority to expend county funds (from the general frcl of the county) for the pur,pose of bullding or providing pu llc t Ilets to relieve a situation affecting the public health of the Eounty. However, we do not think the Commissioners’ Court would be authorized to build private 

### tollets for the private use of private Individuals as this would amountto a gratuity which would be condemnedby Section 52 of Article 

### 3of our State Constitution.

Trusting that this satisfactorily answers your Inquiry, we are APPROVED

DEX

### 19,1942 /s/ Gerald C. Mann ATTORNEY

GENERAL



### OFTEXAS APPROVXJ3:

OPINIONCOMMITTEE BY: RWF,CHAIRMAN Very truly yours ATTORNEY

GENWALOFTEXAS By /s/ Wm.J

. Fanning Wm.J. Fanning, Assistant
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