Honorable William L. McGill 

State Coordinator 

Opinion No, S-135 

Defense and Disaster Relief Re: Authority of the State 

Austin, Texas disaster officials to 

spray private residences 

in the Rio 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 upper Rio Grande Valley which has 

created a health problem In that area. 

Article 4419, Vernon's Civil Statutes, provides: 

"The State Board of Health shall have general 

supervision and 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 infection of contagious diseases affecting 

the lives of citizens within 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.points without the State, and shall have direction 

and control over sanitary and quarantine measures 

for dealing with all .dlseases within the State andto 

ppresa same and prevent their spread. The president of 

%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'rellef adequate 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 Prescribe uniform signals 

warnings, alerts, credentials, inslgnla, and civil 

defense ooerational olans throughout the State and 

to provide for dim outs or other~precautionary measures 

deemed necessary to prevent or minimize loss of life or 

Injury to persons or property from enemy action or other 

catastrophe or the threat thereof; . . .' 

“Sec. 8. In carrying out the provislons of'this 

Act, the Governor and the executive officers or 

governing bodies of the political subdivisions of 

the State are authorized to utilize the services, 

equipment, supplies and facllltles of existing departments, offices, and agencies of the State and of the 

politlcal subdivisions thereof to the maximum extent 

practicable, and the officers and personnel of all 

such departments, offices, and agencies are directed 

to cooperate with and extend such services and 

facilities to the Governor and to the ~3.~11 defense 

organization of the State upon request." 

Under the provisions above quoted you are advised 

that the various state agencies In the exercise of their 

police powers to protect the health and property of the 

citizens of the state may expend money and enter upon premiBes 

to spray houses In the disaster area in those instances 

where It Is determined to be necessary for the~protectlon of 

public health. Attorney General's Opinion to Honorable Allan 

Shivers dated July 16, 1953. Of course, all officers, agents 

and employees of the state should exercise'due diligence 

and care when 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 expend money and enter 
Hon. William L. McGill, page 3 (S-135) 

upon the premises to spray houses In the 

disaster area in those instances where 

it is determined to be necessary for 

the protection of 'public health. 

Yours very truly, 

APPROVED: 

J. C. Davis, Jr. 

County Affairs 

JOHN BEN SREPPERD 

Attorney General 

Burnell Waldrep 

Reviewer 

William H. Holloway 

Reviewer 

Assistant 

Robert S. Trotti 

First Assistant 

JR:CS 

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