* - 

R-392 

THE ATTORNEY GENERAL 

QP TEXAS 

PRICE DANIEL 

AUSTIN z1.W~ 

ATTORNEY GENERAL 

May 29, 1947 

Honorable Geo. W. Cox, M.D. Opinion No. v-227 

State Health Officer 

Texas State Hoard of Health Re: Right of entry by State Health 

Austfn, Texas Officer into Industrial establishments and meaning of SecDear Si.r: tion 19 of Article 4477-1, 

V.C.S., in that regard. 

Reference IS made to your letter of April 17, 1947, in 

which you request an oplnlon of this office answerlng the following% 

"In Title 71, Article 4477-1, Section 19 

(c), the Texas State Department of Health is 

directed to make health and sanl'carg surveys 

and studies of industrial establishments. It 

would be appreciated if you would render us an 

oplnlon as to whether this assignment of work 

includes the right of entry Into all Industrial 

establishments in Texas. It would also be appreciated if you would provlde us with a legal 

deflnitlon of 'Industrial' as It Is used in 

Section 19. We realize the;e is some present 

confusion relative to the extension of coverage. 

"Under the word 'industrIalI we ar,e apeclflcally desirous to know whether or not this 

would Include all establishments malntalnlng 

paid employees." 

Section 19 of Article 4477-1, Vernon's civil Statutes, 

is as follows: 

"Sec. 19. (a) No person, firm, corporatlon or other employer shall use, or permit to 

be used in the conduct of an?f business, manufacturing establishments or other olaces of emoloud, any process, material, or condition known 

to have any possible adverse effect on the health 

of any person or persons employed therein unless 

arrangements have been made to maintain the OCCUpational environment to the extent that such injury will not result. Every Industrial eatablishment shall be continually malntalned in a sanitary 

condition. (Emphasis ours) 
. 

Hon. Geo. W. Cox, M.D. , page 2 v-227 

"(b) The Texas State Department of Health 

shall make available to the citizens of Texas current information concerning minimum allowable concentrations of toxic gases and such environmental 

standards as may pertain to the health and safety 

of the employees of industrial estabi.ishments in 

this state. 

"(c) The Texas State Department of Health 

shall make health and sanitary surveys and studies 

of industrial establishments including such special 

items ,as water supplies and d~istribution, waste 

disposal, adverse conditions caused by processes 

which may be responsible for or cause ill health 

of industrial workers. Such Texas State Department 

of Health shall bring to the attention of each surveyed establishment a summary of the studies and 

findings resultant thereof, together with any recommendations which may be deemed necessary for the 

adequate protection of the health, safety and wellbeing of the workers." 

All three sub-sections of Section 19 and Article 4420, 

R.S. 1925 must be read and construed together. Sub-section (a) 

is a regulatory penal staute for the protection of the health and 

safety of persons employed in places such as are enumerated in that 

section. The penalty for violation is fixed in Section 24. Subsections (b) and (c) charge the State Department of Health w'lth 

duty to make health and sanitary surveys and studies, as a fact finding agency of the State. Article 4420, R.S. 1925, is as follows: 

"The members of the State Board of Health 

or any person duly authorized, by them, upon presentation of proper authority in writing, are 

hereby empowered, whenever they may deem It necessary in pursuance of their duties, to enter into, 

examine, investigate, inspect and view any ground, 

public building, factory, slaughter house, packing house, abattoir, dairy, bakery, manufactory, 

hotel, restaurant and any other public place and 

public buLldIng where they deem it proper to enter 

for the discovery and suppression of disease and 

for the enforcement of the rules of the sanitary 

code for Texas and of any health law, sS)nitary law 

or quarantine regulation of this State. 

The case of Leach vs. Coleman, 188 S.W. 2d., 220, (writ 

refused) involved the question of the authority of a Health Officer 

to enter and make inspections of a dairy barn. After such inspection, the permit to sell milk was summarily revoked. The Court of 

Civil Appeals said: 
- - 

Hon. Geo. W. Cox, M.D. , page 3 V-227 

"A health officer who is expected to accomplish any results mst necessarily possess large 

powers and be endowed with the right to take summary action, which at times must trench closely 

upon despotic rule. The public health cannot wait 

upon the slow processes of a legislative body, or 

the leisurely deliberation of a court. Executive 

boards or officers, who can deal at once with the 

emergency under general principles laid down by the 

lawmaking body, must exist if the public health is 

to be preserved in great cities. Low v. Conrog, 120 

Wis. 151, 97 N.W. 942, 66 L.R.A. 907, 102 Am. St. 

Rep. 983 (1 Ann. Cas. 341 . It is well said in 

People (ex rel. Lieberman 1 v. Vandecarr, t;',,".Y. 

440, 67 N.E. 913, 108 Am. St. Rep. 781: 

vesting of powers more or less arbitrary in various 

officials and boards is necessary if the work of 

prevention and regulation is to ward off fevers, 

pestilence, and the many other ills that constantly 

menace great centers of population'". 

We are of the opinion that Texas Department of Health, 

or any person authorized by It, may enter into all industrial 

establishments, manufacturing establishments or other places of 

employment in Texas, pursuant to their duties in making health 

and sanitary surveys for discovery and suppression of disease or 

enforcement of the health and sanitary codes of the State of Texas. 

The term "industrial establishments" constitutes no limitation on the kind of place which may be entered, because of the 

all-inclusive language of the laws specifying the powers and duties 

of the Texas State Board of Health in the protection of the health 

and welfare of the people, expressly including persons employed 

in any "manufacturing establishment or other place of employment." 

(Emphasis added) 

"Industrial" is defined as "relating to manufactures, 

or to the product of industry or labor", Words and Phrases, Vol. 

21, p. 225. "Establishment", when not restricted by specific mention of some particular kind of establishment such as mercantite 

or other, means an "institution, place, building, or location. 

Words and Phrases, Vol. 15, p. 179. 

Obviously, neither the Legislature nor this Department 

can write a definition which will cover each fact situation in detall, but we trust this will answer your question generally, and 

that you will call upon us for assistance on specific cases when 

necessary. 
. 

Hon. Geo. W. Cox, M.D. , page 4 V-227 

SUMMARY 

The State Department of Health is authorized 

to enter all industrial establishments and manufacturing establishments or other places of employment 

in the State of Texas to make health and sanitary 

surveys and studies under the provisions of Sec. 19, 

Art. 4477,-l, V.C.S., and Art. 4420 R.S. 1925. The 

term "industrial establishment" means an Institution, 

place, building or location related to manufactures 

or to the product, of industry or labor. 

Yours very truly, 

ATTORREY GENERAL OF TEXAS 

By s/W.T. Williams 

W. T. Williams 

Assistant 

WTW:jrb:wc 

APPROVED 

s/Price Daniel 

ATTORNEY GENERAL