GERALD C. -I-_--_ --

HonorableHill D. Hudson Mstriot Attorney 109th Judicialmstrict Pecos, Texas Dear Sir: OpinionNO. 0-3056 Re: County Health Officermust reside in county.
your request for opinionhas been received and carefully consideredby this department. We quote from your request as follows:
"I have been asked by the Commlsaloners~ Court of Loving County to request an opinion from your offioe on the follow~lng

two matters.
"In the first place, Loving County is a county of very limitedpopulationand having no resident licensed physicianwithin Its boundaries. Evidentlythey have some need of a county health officer and have sought to make Dr. W. D.Black of Ward County, Texas, county health officer and to pay him as such. They are not sure that payment to him sould be legal since he does not reside within the county. I can find no decision wherein this questionhas been settled. Article 4423 of the Revised Civil Statutesof 1925 places no llmitatlon as to residence. "The first question they desire your opinion on is: Can Loving County legallypay a county health officer who performs the duties of such office,whet that officer Is not a resident of Loving County? Section 14 of Article 16, Texas Constitution, reads as follows: "Sec. 14. All civil officers shall reside within the State; and all districtor county officerswithin their districtsor counties,and shall keep their offices at such places as may be requiredby law; and failure toHonorableHill D. Hudson, Page 2, 0-3056

comply with this conditionshall vacate th office so held.” Article 2928, Vernon's AnnotatedTexas Civil Statutes of Texas, reads in part as follows: "Neitherthe Secretaryof State, nor any county judge of this State, nor any other authorityauthorized to Issue certificates,shall Issue any certificates of electionor appointmentto any person elected or appointedto any office in this State, who is not eligible to hold such office under the Constitutionof this State....." Article 4423, Vernon's AnnotatedTexas Civil Statutes, reads as follows: "The commissloners court by a majorityvote In each organizedcounty shall bienniallyappoint a proper person for the office of county health officer for his county,who shall hold office for two years. Said county health officer shall take and subscribeto the official oath, and shall file a copy of such oath and a copy of his appointment with the Texas State Board of Health; and, until such copies are so filed, said officer shall not be deemed legally qualifled. Compensation

of said county health officer shall be fixed by the commissioners court; provided,that no compensationor salary shal+ be allowed except for servicesaotuallyrendered. (Underscoring ours). Article 2351, Vernon's AnnotatedTexas Civil Statutes reads in part as follows: 'Each commissioners court shall: II

. ... "11. Provide for the support of paupers and such idiots and lunaticsas cannot be admitted into the lunatic asylum, residentsof their county,who are unable to support themselves. By the term residentas used herein, is meant a personwho has been a bona fide inhabitantof the county not less than six months and of the State not less than one year." Article4418f, Vernon'sAnnotatedTexas Civil Statutes of Texas, reads as follows:. -

HonorableHill D. Hudson, Page 3, O-3056

"It shall to accept be lawful for the State Departmentof Health

donationsand contributions, to be expended in the interestof the public health and the enforcement of public health laws. The Commissioners Court'of any County shall have the authority to appropriateand expendmoney from the general revenues of its County for and in behalf of public health and sanitationwithin tts County." (Underscoring ours)
We think that a county health officer Is clearly a county officer and subject to the provisionsof Section 14 of Article 16 of our State Constitution. It is our further opinion that the Commissionersf Court has no authorityto appoint a nonresidentdoctor to the office of County Health Officer. However,we wish to point out that the Commissioners' Court has broad powers wlth respect to the aid of residentpaupe.rs, lunaticsand idiots under subdivision11 of Article 2351, supra, and also has broad powers with respect to the expenditure of general revenue funds of the county for and in behalf of the public health and sanitation within the county. Since Loving County does not have a residentphysicianwithin the county there could be no legally appointedde jure county health officer for said county; however,we think the Commissioners'

court of Loving County would have authority to employ a non-resident physician (withoutappointinghim County Health Officer) to give medical treatment to resident paupers, lunaticsand idiots within the statute and could also emplpy him to perform various servicesthey deemed necessary for and in behalf of public health and sanitation within their county, and could pay said physican for such services out of the general revenue funds of the county. Very truly yours ATTORNEY GENERAL OF TEXAS WJF:AW/cge By a/ Wm. J. Fanning
APPROVED FEBRUARY 3, 1941 a/ Grover Sellers FIRST ASSISTANT ATTORNEY GENERAL Wm. J. Fanning Assistant

APPROVED OPINION COMMITTEE By BWB, Chairman