HonorableWilliam L. McGill

State Coordinator Opinion No, 

### S-135
Defense and DisasterRelief Re: Authority of the State Austin, Texas disaster officials to spray private residences in theRio Grande flood Dear Mr. McGill: area.

You have requested an opinion concerning the authority for state agencies to spray residences damaged by the flood disaster on the upperRio GrandeValley which has created a health problem In that area.

Article 4419,Vernon's Civil Statutes, provides:
"The StateBoard of Health shall have general supervisionand control of all matters pertaining to the health of citizens of this State, as provided herein. It shall make a study of the causes and prevention of infectionof contagious diseases affecting the lives of citizenswithin this State and except as otherwise provided In this chapter shall have direction and control of all matters of quarantine regulations and enforcement and shall have full power and authority to prevent the entrance of such diseases from.pointswithout the State, and shall have direction and control over sanitary and quarantine measures for dealingwith all .dlseaseswithin the State andto ppresa same and prevent their spread. The presidentof %e board shall have charge of and superintend the administration of all matters pertaining to State quarantine." Sections 2, 

### 4 and 

### 8 of Article 

### 6889-4,Vernon's Civil Statutes, provide:

"Sec. 2. The Governor shall provide for the organization and coordination of a program of civil de?ense and dlsaster'rellefadequate to protect life and property in this State In case of natural disaster, enemy action, or the threat thereof."Hon. Willlam L. McGill, page 2 

### (S-135)

“Sec. 

### 4

. . . (e) to Prescribeuniformsignals warnings, alerts, credentials, inslgnla, and civil defense ooerational olans throughoutthe State and to provide for dim outs or other~precautionarymeasures deemednecessary to prevent or minimize loss of life or Injury to personsor property from enemy action or other catastropheor the threat thereof;

. . .'
“Sec. 

### 8. In carrying out the provislonsof'this Act, the Governor and the executiveofficers or governing bodies of the politicalsubdivisionsof the State are authorized to utilize the services, equipment, supplies and facllltlesof existingdepartments, offices,and agencies of the State and of the politlcal subdivisions thereofto the maximum extent practicable,and the officersand personnel of all such departments, offices, and agencies are directed to cooperatewith and extend such services and facilities to the Governor and to the ~3.~11 defense organization of the State uponrequest." Under the provisionsabove quoted you are advised that the various state agencies In the exercise of their policepowers to protect the health and property of the citizensof the state may expendmoney and enter upon premiBes to sprayhouses In the disaster area in those instances where It Is determined to be necessary for the~protectlonof publichealth. Attorney General's Opinion to HonorableAllan Shivers dated July 

### 16, 1953. Of course, all officers, agents and employees of the state should exercise'duediligence and carewhen entering private residences so as not to damage the property of the owners.

SUMMARY

State dlsaster officers In the exercise of their police powers to protect the health and property of the citizens of the state may expendmoney and enterHon. William L. McGill, page 

### 3 (S-135)

upon the premises to spray houses In the disaster area in those instanceswhere it is determined to be necessary for the protectionof 'public health.
Yours very truly,
APPROVED:
J. C. Davis, Jr. CountyAffairs JOHNBEN SREPPERD Attorney General

BurnellWaldrep Reviewer William H. Holloway Reviewer Assistant

Robert S. Trotti First Assistant
JR:CS

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