Dr. Gee. W. Cox

State Health Officer Austin, Texas

Dear Sir:

Your ,request has been received. OpinionNo. O-1434 Re: Is there anything in the rider to the Appropriation

Bill (S.B. 427) which would prevent the employmentof a director of Public Health Education to supply the publicwith information? Which of the two articles submittedis 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 supplyingihe public with informa-

.

'I *** The expense.forthis 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 employmentof a, director of Public Health Education and the performanceof his duties as described above. His salary is paid by the United States Public Health Service, and' his duties are outlined in the approvedplan for health work in Texas. This is consideredan outstandingwork by the United States Public Health Service, and I am sure will be required shouldwe continue to receive the amount allottedto Texas.". -.

Dr. Gee. W. Cox, page 2

No provision is made or specific salary appropriated for the position of anDirectorof Public Health Educationnin the itemized State Board and Departmentof Health appropriation in Senate Bill 427. be Consequently,such an official,if appointed, could not compensatedout of state funds.

Your request,however, concerns the authorityof the Board of Health to m&e the appointmentof such an officialwhen his compensation

is to be paid out of funds granted the State Board of Health by the United States Public Health Serviceunder Title VI of the Federal Social SecurityAct.

era1 As respects to United States Ponds and Aid, the GenDepartmentalAppropriation Bill rider providesas follows:

"The proper officer or officers of any State Departments,bureaus A or divisionsof State agencies
are hereby authorize to make applicatioti for and accept any gifts, grants, or allotmentsof funds from the United States Governmentto be used on State cooperativeand other Federal projects and programs in Texas, includingconstructionof public buildings, repairs ?J and improvements. Any of such FederalFunds
as may e deposited in the State Treasuryare hereby appropriatedto the specificpurpose authorizedby the Federal Governmnt."

Title VI of the Social SecurityAct (Title 42 U.S.C.A.
- ^... g 801 through 803) reads as follows:

8 801. APPROPRIATION "For the ouruose of assistihpStates. counties, health districts.and other aolitical subdivisions of the States in establishinsand maintainim adecuate oublic-healthservices. includinethe train&g of uersonnelfor State and local healthwork. there 2.s herebyauthorized to be aoorooriated for each fiscal vear. beaimQ,pswith the fiscal year endins June 30. 1936. the sum of $8.000.000to be used as hereinafter arovided,n-.(Underscoring ours)

S 802. ALLOTMENTOF APPROPRIATION TO STATRS w(a) The Surgeon General of the Public Health Service,with the approval of the Secretaryof 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 allotmentsunderDr. Geo. W. Cox, page 3

this section for the preceding fiscal year remainingunpaid to the States at the end of such fiscal year. The amounts of such allotments shall be determinedon the basis of (1) the population; (2) the specialhealth problems; and (3) the financialneeds; of the respectiveStates. Upon making such sllotmentsthe Surgeon General of the Public Health Service shall certify the amounts thereof to the Secretaryof 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 availablefor allotmentto States under subsection (a) for the succeedingfiscal year, in addition to the amount appropriated for such year.
"(c) Prior to the beginningof each quarter of the fiscal year, the Surgeon General of the Public Health Service shall,with the approval of the Secretaryof the Treasury,determine in accordance with rules and regulationspreviouslyprescribed by such Surgeon General after consultation with a conferenceof the State and Territorialhealth authorities the amount to be paid to each State for such quar

c er from the allotmentto such State, and shall certify the amount so determinedto the Secretary of the Treasury. iUpon receipt of such certification,the Secretary of the Treasury shall, through the Division of Disbursementof the Treasury Departmentand prior to audit or settlement by the GeneralAccountingOffice,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 nresentedbv the ~healthauthority 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 authorizedto be appropriated~ for each fiscal year, beginningwith the fiscal year ending June 30 1936, the sum of $2,000,000 for expenditureby the Public Health Service for investigationof disease and problems of sanitationDr. Geo. W. COX, page 4

(includingthe printing and binding of the findings of such investigations), and for the pay and allowancesand travelingexpenses of personnelof the Public Health Service, includingcommissioned officers,engaged in such investigations or detailed to cooperatewith the health authoritiesof any State in carrying out the purposes specifiedin Section 801 of this chapter: Provided,That no personnel of the Public Health Service shall be detailed to cooperatewith the health authoritiesof any State except at the request of the proper authoritiesof 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. ,Theappropriation from which they are paid shall be reimbursed from the appropriation made pursuant to subsection (a) to the extent of their salariesand allowancesfor servicesperformedwhile so detailed.

'l(c) The Secretaryof 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 providingapproval 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 regulationsfor the care of persons sufferingfrom communicable disease and for the preventionand spread of such diseases;and prepare bulletinsand other publications giving information as to the cause, nature, treatmentand 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,bulletinsand other publications,or shall have same printed, and shall send or deliver such copies to all practicingDr. Geo. W. Cox, page 5

physiciansin the county, to all public schools and to such private schools as request such copies, and such organizations, churches, societies, unions and individualsas may presentwritten requests for copies of circulars,pamphlets bulletinsand such other publications preparedb

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 approvesthe functionwhich such an official would perform and recognizesthe necessity of the dissemination of hea th data and the educationof the public in rei gard to health matters. So as a matter of public policy there is legislativeendorsementfor the generalprinciple involved.

We find no inhibitionin the GeneralDepartmental Appropriation

Bill, Senate Bill 427, against the employmentof
a director of Public Health Education to be paid out of provided Federal funds.

The followingprovision is contained in the General Departmental

Appropriation

Bill's general rider:

"No departmentor bureau included in this Act shall u*e any of the funds appropriatedto such departmentor 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 speechesunder any circumstances which has the effect of publicizing or directingattention to or tending to publicize or direct attention to any individual,official or employee of such departmentor bureau or of any other departmentor bureau. It is further provided that no departmentor bureau shallmaintain any publicitydepartmentor have in its employ
cr under its directionany employee or other person who has the title or who performs the duties or functionsof a public relations agent, publicity agent or press agent. It is movided. however. that
none of these restrictions hall amlv 111 the event it becomesnecessary. in thi ooinion of the head of the deaartmentor bureau. as a moper function of the departmentor bureau. or in the interest of theDr. Geo. W. Cox, page 6

general public. for such departmentor bureau, throuah any of.its authorizedagentsi; to issue any statementsor I mart any informa ion by the usual methods. and in so doins. said statements shall be issued or informationimparted in the
name of such deoartmentof bureau and shall be issued under or have attached thereto the name of the official or agent authorizedto 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 departmentor bum." (Underscoring ours)

In respect to the dissemination of public health informationand statistics,the proviso contained in the underscored sentence of the section above quoted, is governing. The giving of informationon health subjectsto 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 Educationwould not come within the prohibition of the second sentencewhich states that no departmentor bureau shall ---

l'*** have in its employ or under its direction any employee or other personwho has the title or who performs the duties or functions of a public relations agent, publicityagent or press agent. ***'I

It is our opinion that the general rider of S.B. 427 containsno inhibitionagainst the use of availableFederal Funds under Title VI of the Social Security Act relating to public healthwork for the employmentof 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 objectionableor 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 "publicizingor directingattention 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 informationto the public, and,.. Dr. Geo. W. Cox, page 7

also, inasnuchas the press would require the use of his name as authorityfor 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 answeredyour inquiries,

we are

Yours very truly

ATTORNEY GENERAL OF TEXAS

By /s/ Dick Stout Dick Stout, Assistant

APPROVEDSEP 30, 1939 /s/ Gerald C. Mann ATTORNEYGENERAL OF TEXAS

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