Hon. George Ii. Cox 

.State Health Officer 

pion No. ‘o-5025 

: Commissioners’ Courts may expend 

Texas State Board of .county funds for the purpose of colHealth letting and disposing of garbage If 

Austin, Texas same Is .deemed by the Commissioners’ 

. Courts to 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. We quote from your 

quest as follows: 

“The national Congress has appropriated under the ‘provisions of the Lanham Act, $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 Army camps, Naval. stations, flying fields, and 

carerewar industries ln and near 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 Works Agency for 

allotment of funds for maintenance ana operation 

of sanitary’ projects .collectlon.and disposal .of 

garbage, sanitary pii privles~,~.proteotlon of small 

water supplles, atid supervisory personnel. To date, 

none of these projects filed by the department for 

the foregoing purposes has received the approval 

of the Federal Works Agency and had funds allotted ,:, 

to. .them. The Lanham Act provides, among other 

things that the funds appropriated may be allotted 

to mun~clpalltles and polItica sub divisions, ~ 

provided the muuIcIpalItIes~ or the’ polltloal sub. 

divisions cannot provide the facillties~ wIthout. Imposing a heavy financial burden ‘upon themselves. 

%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 

and the enforcement of public health lass. The 

commissioners court of any county shall have the 

authority to appropriate and expend money from SL:e 

general revenues of Its county for and In 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 and disposal of garbage from 

persons living outside the limits of an Incorporated city or town where the State Health Departmezf 

advises th;t failure to do so is a menace to the 

health of the citizens of such county? 

“Question 2. Under the sa&s article above 

cited, but keeping in mind the 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 

more tila seventy-five colnmunlties and seas in the 

State of Texas. Many of these areas formerly had 

sparse populations, with only sufficient community 

faciiltles to accoauaodate normal populations. T!.e 

influxes of trainees, war workers, nnd civilians hi; 

thrown an excessive burden upon ihese communities 

and areas sc tilat at the 2reser.t tlnie the facilitle.: 

are Inadequate and many of the cormaunltles have n: 

finances or credit *&Ith vhlch to provide relle:. 

Emergencies exist In raany areas. 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 

money from 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 how such 

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 we held 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 same to be in 

behalf of the public health,and sanitation of the county. 

In answer to your first question It Is our opinion that 

same should be answered In the affirmative if the CornmIssIoners 

Court deems the collection and disposal of such garbage to be In 

behalf of the public health and sanitation of the county. 

Ue cannot categorically answer your second question as 

we do not have suffIcIent facts before us. However we 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 

amount to a gratuity which would be condemned by Section 52 of 

Article 3 of our State Constitution. 

Trusting that this satisfactorily answers your Inquiry, 

we are 

APPROVED DEX 19, 1942 

/s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

APPROVXJ3: OPINION COMMITTEE 

BY: RWF, CHAIRMAN 

Very truly yours 

ATTORNEY GENWAL OF TEXAS 

By /s/ Wm. J . Fanning 

Wm. J. Fanning, Assistant 

WJF:mp:wb