Dr. Gee. W. Cox 

State Health Officer 

Austin, Texas 

Dear Sir: 

Your ,request 

has been received. 

Opinion No. O-1434 

Re: Is there anything in the rider to 

the Appropriation Bill (S.B. 427) which 

would prevent the employment of a director of Public Health Education to supply 

the public with information? 

Which of the two articles submitted is 

preferable? 

for an opinion on the following questions 

"Will you please give me an opinion regarding the rider to the Appropriation Bill.(SB 427) 

found in the third paragraph, page 150 of the 

Senate Journal for Tuesday June 13, 1939. This 

t;,p regard to supplying ihe public with informa- 

. 

'I *** The expense.for this work is borne 

entirely by funds granted this Department by the 

United States Public Health Service, through Title 

VI of the Social Security~Act. 

"1 am enclosing two articles, one of which 

quotes ~me'as State Health 

mskes no personal 

nanieat t,op~of the page 

issue'this infortiatioh. Which of these is ~preferable' for us to use? 

"Is there anything in the rider in question 

that would prevent the employment of a, director 

of Public Health Education and the performance of 

his duties as described above. His salary is paid 

by the United States Public Health Service, and' 

his duties are outlined in the approved plan for 

health work in Texas. This is considered an outstanding work by the United States Public Health 

Service, and I am sure will be required should we 

continue to receive the amount allotted to Texas." 
. -. 

Dr. Gee. W. Cox, page 2 

No provision is made or specific salary appropriated 

for the position of anDirector of Public Health Educationn in 

the itemized State Board and Department of Health appropriation 

in Senate Bill 427. 

be 

Consequently, such an official, if appointed, could not compensated out of state funds. 

Your request, however, concerns the authority of the 

Board of Health to m&e the appointment of such an official when 

his compensation is to be paid out of funds granted the State 

Board of Health by the United States Public Health Service under 

Title VI of the Federal Social Security Act. 

era1 

As respects to United States Ponds and Aid, the GenDepartmental Appropriation Bill rider provides as follows: 

"The proper officer or officers of any State 

Departments, bureaus 

A 

or divisions of State agencies 

are hereby authorize to make applicatioti for and 

accept any gifts, grants, or allotments of funds from 

the United States Government to be used on State cooperative and other Federal projects and programs in 

Texas, including construction of public buildings, 

repairs 

?J 

and improvements. Any of such Federal Funds 

as may e deposited in the State Treasury are hereby 

appropriated to the specific purpose authorized by 

the Federal Governmnt." 

Title VI of the Social Security Act (Title 42 U.S.C.A. - ^... 

g 801 through 803) reads as follows: 

8 801. APPROPRIATION 

"For the ouruose of assistihp States. counties, 

health districts. and other aolitical subdivisions 

of the States in establishins and maintainim ad ecuate oublic-health services. includine the train&g 

of uersonnel for State and local health work. there 

2.s herebyauthorized to be aoorooriated for each fiscal vear. beaimQ,ps with the fiscal year endins June 

30. 1936. the sum of $8.000.000 to be used as hereinafter arovided,n- .(Underscoring ours) 

S 802. ALLOTMENT OF APPROPRIATION TO STATRS 

w(a) The Surgeon General of the Public Health 

Service, with the approval of the Secretary of the 

Treasury, shall, at the beginning of each,fiscal year, 

allot to the States the total of '(1) the amount appropriated for such year pursuant to section 801 of this 

chapter; and (2) the amounts of the allotments under 
Dr. Geo. W. Cox, page 3 

this section for the preceding fiscal year remaining unpaid to the States at the end of such 

fiscal year. The amounts of such allotments 

shall be determined on the basis of (1) the population; (2) the special health problems; and (3) 

the financial needs; of the respective States. 

Upon making such sllotments the Surgeon General of 

the Public Health Service shall certify the 

amounts thereof to the Secretary of the Treasury. 

'l(b) The amount of an allotment to any State 

under subsection (a) for any fiscal year, remaining unpaid at the end of such fiscal year, shall be 

available for allotment to States under subsection 

(a) for the succeeding fiscal year, in addition to 

the amount appropriated for such year. 

"(c) Prior to the beginning of each quarter 

of the fiscal year, the Surgeon General of the Public Health Service shall, with the approval of the 

Secretary of the Treasury, determine in accordance 

with rules and regulations previously prescribed 

by such Surgeon General after consultation with a 

conference of the State and Territorial health authorities the amount to be paid to each State for 

such quar c er from the allotment to such State, and 

shall certify the amount so determined to the Secretary of the Treasury. iUpon receipt of such certification, the Secretary of the Treasury shall, 

through the Division of Disbursement of the Treasury Department and prior to audit or settlement by 

the General Accounting Office, pay in accordance 

with such certification. 

'l(d) The moneys so oaid to anv State shall 

be expended solely in carrvina out the aurooses 

suecified in section 801 of this chaoter. and in 

accordance with olans nresented bv the ~health authority of such State and aouroved by the Sureeon 

General of the Public Health Service. (Underscoring ours) 

S 803. INVESTIGATIONS BY PUBLIC HEALTH SERVICE: 

APPROPRIATIOM: ANNUAL REPORT TO CONGRESS 

"(a) There is hereby authorized to be appropriated~ for each fiscal year, beginning with the fiscal 

year ending June 30 1936, the sum of $2,000,000 

for expenditure by the Public Health Service for investigation of disease and problems of sanitation 
Dr. Geo. W. COX, page 4 

(including the printing and binding of the findings of such investigations), and for the pay and 

allowances and traveling expenses of personnel of 

the Public Health Service, including commissioned 

officers, engaged in such investigations or detailed to cooperate with the health authorities of 

any State in carrying out the purposes specified in 

Section 801 of this chapter: Provided, That no 

personnel of the Public Health Service shall be detailed to cooperate with the health authorities of 

any State except at the request of the proper authorities of such State. 

'l(b) The personnel of the Public Health Service paid from any appropriation not made pursuant 

to subsection (a) may be detailed to assist in carrying out the purposes of this title. ,The appropriation from which they are paid shall be reimbursed from the appropriation made pursuant to subsection (a) to the extent of their salaries and 

allowances for services performed while so detailed. 

'l(c) The Secretary of the Treasury shall include in his annual report to Congress a full account of the administration of this title." 

We are of the opinion that the purpose clause of 

Title VI is sufficiently broad to include the position of director of Public Health Education providing approval of the 

Surgeon General of the U.S. Public Health service is acquired 

in accordance with section 802, subheading (d). 

follows: 

,Article 4483, Revised Civil Statutes, 1925, reads as 

"The State Board of Health, from time to time, 

shall make rules and regulations for the care of 

persons suffering from communicable disease and for 

the prevention and spread of such diseases; and prepare bulletins and other publications giving information as to the cause, nature, treatment and prevention of disease. The board of managers, shall 

from time to time 

E 

purchase from the State Board of 

Health, at the ac ual cost of printing printed copies of such rules and regulations, bulletins and 

other publications, or shall have same printed, and 

shall send or deliver such copies to all practicing 
Dr. Geo. W. Cox, page 5 

physicians in the county, to all public schools 

and to such private schools as request such 

copies, and such organizations, churches, societies, unions and individuals as may present written requests for copies of circulars, pamphlets 

bulletins and such other publications prepared b y 

the State Board of Health." 

From the above article it is clear that, although 

the state does not provide for a director of Public Health 

Education, it approves the function which such an official 

would perform and recognizes the necessity of the dissemination of hea i th data and the education of the public in regard to health matters. So as a matter of public policy there 

is legislative endorsement for the general principle involved. 

We find no inhibition in the General Departmental 

Appropriation Bill, Senate Bill 427, against the employment of 

a director of Public Health Education to be paid out of provided Federal funds. 

The following provision is contained in the General 

Departmental Appropriation Bill's general rider: 

"No department or bureau included in this Act 

shall u*e any of the funds appropriated to such 

department or bureau, either directly or indirectly, for the purpose of telephoning, telegraphing or distributing either by hand or through the 

mails, any literature propaganda, letters or bulletins,,or any other mazter printed or written or to 

make any radio speech or speeches, whether tkmscribed or not, or any other speech or speeches under any circumstances which has the effect of publicizing or directing attention to or tending to publicize or direct attention to any individual, official or employee of such department or bureau or 

of any other department or bureau. It is further 

provided that no department or bureau shall maintain any publicity department or have in its employ 

cr under its direction any employee or other person 

who has the title or who performs the duties or 

functions of a public relations agent, publicity 

agent or press agent. It is movided. however. that 

none of these restrictions hall amlv 111 the event 

it becomes necessary. in thi ooinion of the head of 

the deaartment or bureau. as a moper function of the 

department or bureau. or in the interest of the 
Dr. Geo. W. Cox, page 6 

general public. for such department or bureau, 

throuah any of.its authorized agentsi; to issue 

any statements or I mart any informa ion by the 

usual methods. and in so doins. said statements 

shall be issued or information imparted in the 

name of such deoartment of bureau and shall be 

issued under or have attached thereto the name of 

the official or agent authorized to issue the same, 

but shall not otherwise include the name of any 

individual. official or employee of such deoartment or bureau or of any other department or bum." (Underscoring ours) 

In respect to the dissemination of public health information and statistics, the proviso contained in the underscored sentence of the section above quoted, is governing. 

The giving of information on health subjects to the public is 

a proper function of the State Board of Health. Such information is to the interest of the general public. A director of 

Public Health Education would not come within the prohibition 

of the second sentence which states that no department or bureau shall --- 

l'*** have in its employ or under its direction any employee or other person who has the title or who performs the duties or functions of a 

public relations agent, publicity agent or press 

agent. ***'I 

It is our opinion that the general rider of S.B. 427 

contains no inhibition against the use of available Federal 

Funds under Title VI of the Social Security Act relating to public health work for the employment of a director of Public 

Health Education by the State Board of Health provided approval 

of the Surgeon General of the U. S. Public Health Service is obtained. 

We have examined the two press release forms submitted 

for our approval and we wish to advise that we find nothing objectionable or in violation of the above quoted provision of S.B. 

427 in either of them. We consider it essential, and the press 

would probably require before running the information the name 

of the State Health Officer on the bulletin. A direct quotation 

of the State Health Officer in a press release is not objectionable on the grounds of "publicizing or directing attention to or 

tending to publicize or direct attention" to the State Health 

Officer inasmuch as it is a proper function of the State Health 

Officer to release vital health information to the public, and, 
. . 

Dr. Geo. W. Cox, page 7 

also, inasnuch as the press would require the use of his name 

as authority for official statements. 

We approve both forms as being within the authority 

of the State Health Officer under Article 4483, Revised Civil 

Statutes 1925, and the proviso of the above quoted section 

0f S.B. $27. 

Trusting that we have fully answered your inquiries, 

we are 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By /s/ Dick Stout 

Dick Stout, Assistant 

APPROVED SEP 30, 1939 

/s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

DS:ob:wb