Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Dr. 080. vi. coz, State litalthDirector Austin,Taxar an opinion on the follaw “1, Vfhether or pliaa with the prwi er any additionelwo is it req.&red that the nuubm stamp by the Stats Bealth I%- the stamp6 be sold and the IIIIPL' eon by the bedding ~qts?" irat questiora the attaaksd ia whethas staap ot?zip.Ueu with the protisiem of th8 ka%, QIFuheth- er anp additional word3-ng should be ?laaed theseen, su&t aa the ~0x4 *&sgP. 483 Cr..Gee. W. Car, Pqe P, 'I'heState Health cjtsloeris hemsby authori+ ed to prepare and oaum to be printed, adhesive etaups whioh shall oontain a replloa OS the seal or the State or Texas, the registeringnumber or the person applying them&r, and suoh other matters as the state iioalthCfSloer sball direot.* The above sentenoe 5.ethe only mention made ti the Aot OS the appearenoe of the required stamp. The B~QII pie stamp enolosed in your letter bears a aaol of the state CrSTexas, tugethes with the words "bedding cevenm*, and In the lower portion *The staqe Cepartmentof Health". The above quotsd eentenoe required that the registry number or the person applyingthereror ehallappear on the stmp. In our oplnlon, that registry number muat a:jpearon the stamp b6Sore it irrlseued by your depart- lmnt. 'i;lththlt addition, we believe that the stamp sug- geated by you oomplles wlth the law. The law permita the State Uealth olfioer to put other informationon the stamp but it does not require him to do 60. Your seoond question relates to the numbering on ataupe. You aek If it ia neoessary that the number ap- pear on the stamp beSore its iasuanoe by yourdepartment, must tB:be printed on the stamp or may it be plaoed there- on by a numbering machine or in handwriting. Quoting agab the last sentinoe 0r seaticplP(b) the Legislature aaid the "state Health OSfioar is hereby authorizad to prepare and oause to be printed, adhesive stamps whioh &all oontain a replica of %ha seal OS the state OS Toxao, the regieteringnumber OS the person applylng thereroY* * * w tiethink It clearly the intentIon of the Leglala- ture that numbers shall be on the etarzpeprior to the the they are issued by youp ofilo~e~.Further, Se&&on 7(a) of the Aot sayo that no person lrhallaell, mu- SaQture, renwate or have in his poasmNiiaa to sell bedding unless thare ba arrlxedan adheeios Bt.mp re- pared and issued by this departzm.% Thl6 departmen p7;- rerera to the State 36alth Department, It ie understand- able that failure to have the number8 on the stamps be- fore they are leaued by ye,= OSStoe might lead to a groga abuse of the pivile&e or 16tting the puroha8er numbur the stamp. %e sa8 no partioular objsotion, it 482 m. Geo. i;. cox, Page 3 it be mre eoonoroLca1for the adminietrationof the Aot to par&t your departmentto place the mmbers on the stmla by means of handwritingor by a numbering DuOhIaO. And we beilcvo it permissiblefor you to use that meana OS placing the numbers thereon. Your third question Is answered by reawn of auf answer to .auestIonnumber 2, in wMoh we advise you that the register number must appear on the stamp prior to the time It is Issued by your 0rrioe. Yoor8 very truly APPROVED JUL 31, 1939