Case Information
*1 No. ‘o-5025 pion Hon. George Ii. Cox
: Commissioners’ Courts may expend .State Health Officer .county funds for the purpose of col- Texas State Board of Health letting and disposing of garbage If Austin, Texas same Is .deemed by the Commissioners’ Courts to be in behalf of the public
healthy and sanitation of the county Dear Sir: ana 8’~ related matter .
Your request for opinion has been received and care- fully considered by this department. We quote from your re- quest as follows:
“The national Congress has appropriated un- der the ‘provisions of the Lanham Act, $300,0~0,000 to provide funds to relieve ~local munlhipalItles from the financial burdens occasioned by large In- fluxes of population of Army camps, Naval. stations, caused by the establishment
flying fields, and war industries ln and near these communities for the construction vide sanitation of communItyutIlItIes and 40 pro-
for the protection .of public health’. The admlnlstrat,I.on of these funds and the ‘superor- sion’ of construction has been placed unde,r the Federal Works Agency, with reglonal offic~es In Fort Worth,,Texas, for the southwestern region.
Texas State Department of Health has filed numer- ous applications with the Federal Works Agency for allotment of funds for maintenance ana operation of sanitary’ projects .collectlon.and disposal .of of small garbage, sanitary pii privles~,~.proteotlon water supplles, atid supervisory personnel. To date, none of these projects filed by the department for the foregoing purposes has received the approval of the Federal Works Agency and had funds allotted ,:, to. .them. The Lanham Act provides, among other things that the funds appropriated may be allotted to mun~clpalltles and polItica sub divisions, ~ provided the muuIcIpalItIes~ or the’ polltloal sub.
divisions cannot provide the facillties~ wIthout. Im- posing a heavy financial burden ‘upon themselves.
%ome uncertainty a,t2a~ doubts have. arisen as’to the legality ‘of counties partlclpatlng rlnanclally’ *2 I?on. George H. Cox, page 2 (C-5025)
in ccntrlbutlng to the financing of malnten- ;Lnce aa operation of emergency sanitation pro- jects: Ye shall ask you to give us advise, on the folloirslng questions:
“4rticle 4418-f, Vernon’s Statutes, provides t&t It shall be ltidful for the State Department of health to accept donations and contributions to be expended In the interest of public health and the enforcement of public health lass.
commissioners court of any county shall have the authority to appropriate and expend money from SL:e general revenues of Its county for and In behalf of public health and sanitation within its coullty.
“Question 1. Is It legal for a Contissloncrs’ I Court to expend noneys from Its general provide fund to
for collection and disposal of garbage from persons living outside the limits of an Incorporat- ed city or town where the State Health Departmezf advises th;t failure to do so is a menace to the health of the citizens of such county?
“Question 2. Under the sa&s article above cited, but keeping in mind the provisions of .Sec- tion article of ths Constitution of Texas, Is It lawful for the County Commissioners Court to ejrend moneys from the General Punc of the county for the purpose of constructing privies on private property where the qtate Board of health advises sucl-. construction is necessary.In ihe Inter- ests of the public health of the citizens of the county-?
“The army, Navy, aid 4.r Corps have estab- llslied tzrilnln~ camps, air fields, Zaval stations, yards, ship bulling and other war Industries in more tila seventy-five colnmunlties and seas in the State of Texas. Many of these areas formerly had sparse populations, with only sufficient community faciiltles to accoauaodate normal populations. T!.e influxes of trainees, war workers, nnd civilians hi; thrown an excessive burden upon ihese communities and areas sc tilat at the 2reser.t tlnie the facilitle.: are Inadequate and many of the cormaunltles have n: finances or credit *&Ith vhlch to provide relle:.
Emergencies exist In raany areas. It Is Imperative th.:tt they be relieved at the etirllest possible ti*qe.
Therefore , we shall ask you to give us an answer to the forec;oing questions at your earliest. convenI;nce.
II . . . .”
Hon. George H. Cox, page 3 (0-5025)
Article 4h18f, Vernon’s Annotated Texas Civil Statutes, reads in part as r0liObk9: court of any county ,I . . The commissioners
shall have the authority to appropriate and expend money from the general revenues of Its county for and In behalf of public health and sanitation wlth- In the county.”
Construing the above quoted portion of the statute we said In our opinion No. O-25808:
“No detailed direction Is given as to how such general power shall be exercised but this matter is left largely within the discretion of the commls- sloners’ court.”
In opinion No. O-4725 of this department we held that the Commissioners’ Court could expend funds from the general fund of the county for the purpose of establishing and support- ing a prophylactic unit if the court considered same to be in behalf of the public health,and sanitation of the county.
In answer to your first question It Is our opinion that same should be answered In the affirmative if the CornmIssIoners Court deems the collection and disposal of such garbage to be In behalf of the public health and sanitation of the county.
Ue cannot categorically answer your second question as facts before us. However we think the we do not have suffIcIent Commissioners1 Court would have authority to expend county funds (from the general frcl of the county) for the pur,pose of bulld- ing or providing pu llc t Ilets to relieve a situation affecting the public health of the Eounty. However, we do not think the to build private tol- Commissioners’ Court would be authorized lets for the private use of private Individuals as this would amount to a gratuity which would be condemned by Section 52 of Article of our State Constitution.
Trusting that this satisfactorily answers your Inquiry, we are
APPROVED DEX 1942 Very truly yours /s/ Gerald C. Mann ATTORNEY GENWAL OF TEXAS ATTORNEY GENERAL OF TEXAS By /s/ Wm. J . Fanning APPROVXJ3: OPINION COMMITTEE Wm. J. Fanning, Assistant BY: RWF, CHAIRMAN
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