OFFICE OF THE A’ITORNEY GENERAL OF TEXAS’ ~’ AUSTlN 

### GERN.m c.MAll” Lnomm” 0m.*IL Dr. George 1. car -. Texaa **State** Board of Bealth **Austin, Texas** 

. ‘:’ .Dear tirr ,~

: thio.department,

,

-. the Cornoxan, ereated m of Axtlcle exea. The the. Board ap aertala o ao~er raid die inion rr08tmy otti& - 

### e power to snforoe hose in whloh they oenses to be oharged

thin the , empowers the Comrnlssloner~r to dealgnats the lines 0r eny or vim0 thereln aituated and to appoint a Board OSHealth ror it. The Distrlot oreated **by** the Commiseioner's Court Or . vlotoria County doer not includa any unlnoor~orated town or village but oo~era an area or two and.one-halr miles rid. on each side or W. 9. ?iil3h

### way :!o.59,57, and 

### 77. Inasmuch as the StatuteDr. Ueorge if. Cox, page 2 speclifaally states that the iiealth District so, oreated, shall be within the dsslgnhted lines or an unincorporated town or village there is a great ’ doubt in w mind as to the power of the Commisaloner*s Court to orsate a Sauitary Distriot within an area whereih no uninoorporated town or village is situated. w’ft ooourred ‘to m’ethat perhaps your ~Orrlce had reoelved a ruling from the Attorney General as t0 the Limits Or the pOW6?3 WhiOh the cO~88iOII~~'~ Court 

### is given under the artlole.

“‘1 would appreciate it very muoh Ii you nil1 give rm tha benefit or any inr0rifai0n whioh you might hare on this mattar.fw “
. Wenote that you then transmit to ua a oopy of the order or the Dommlssioners Court or Victoria County oreating the sanitary dlstriot mentioned in the above quoted letter

. and ask our edvloe as to whether a legal aanltary dietriot ‘? ~~ has been established and now exists in the srea described by the order. vie quote that portion of the order, as submitted 118,as followm

..”

wProridlng ror oreation of a sanitary district according to Article U.35 (22484.9) (Aoh 1889, p. 139; Aota let 9.c. 1901 p. 29) in oertaln areas 0r Victoria County; .health board; authorfroriding r0r appointment 0r 

### a alug It to promulgate rubs and rsgulstions tar runotloning; aettlng forth the boundarlos for said area; anddeolaring an 6mergenCy.R to

Artfci0 4435 or the civil Statute 0r the Stats 

## or Texas 1s as follows:

“The commissioners court of any oounty In which an unincorporated town or vlllsge may **be** situated, shall have power to designate the lines of suoh to-a or villago, and mayappoint a board of health ror it, ooneisting or time persons, two or mO;zigr whomshall be regular practicing physioians. oourt when such appointnents are made ehall at 

### onceDr. George W. Cox, page 5 notify the State Bealth OffLoe?. Said board shall $.t y’ elect one of their membars as presidiug OiflOar; g ; and euch presiding orrloer, if the pramlses of any

oltizen residing v&thin the presorlbed limits of said town or village are ti an unclean or unhealthy oonditlon, shall notffy him of the fact, and that !i .-: he must prooeed at once to olean the same. Aots 1.889, : p. 139; Acts 1st C. S.,l901, 9. 29.” .i.’

Wethink it olear t&t the above artisle.&& does **not** authorize the **Commissioners**Court to create a sanitary dlstrfot outside an uninoorporated town or village. As stated in your letter, the dietriet created by the Comalssloners Court ooters an area two-and one-half miles wide on each side of U. S. 

### BlghwaysNor. 

### '59,87 and 

### 77.

In this Stats a Commlsaloners Court Is a ooart of limited jurlsdlotlon and has no powers or duties except as olearly defined ln the Constitution and Statutes. 11 Tax. Jur., p. 

### 563,Commissionore Court,ts. Vallaoe, 15 9. V. (2nd) 535, Citing Constitution, Artlole 

### 5,Sec. 18; Baldwin Is9 Tratfs County, l,OT& Civ. App.; 

### 199,88S. U.k60.

It is our oolnion that the Comlssioners Court of Viotoria County acted-without authority in creating the sani- ‘
. ‘: tary dlstrlot herein attempted to be oreated ana that a legal sanitary district has not been established ln Victoria County,. under the Zaota heg,e,ln submitted. _; ‘, ‘
....: * _.* .i ‘
_ ‘
.: ; ,...-;>‘.-. .i ..~

: Yours ~t&y truly -:T.: ..-..:

. .’ ,. ATTORZF,GIlWUUL OF‘I’m9

BY 2!&@. -

Fred C. Chandler

Assistant FCO; JP