Untitled Texas Attorney General Opinion ( 1969 )

, . Dr. J. E. Peavy Opinion NO. M-426 Commissioner of Health Texas State Department of Health Re: Whether the State Depart- Austin, Texas ment of Health is authorized to contract for inspection services and related as- sistance with political subdivisions, individuals, or other entities in carry- ing out state responsibili- ties pursuant to S.B. 28, Acts 61st Legislature, Dear Dr. Peavy: Regular Session, 1969. In your request for an opinion you stated the following: "A question has arisen as to the scope of authority and responsibility of the Texas State Departments of Health in implementing the above captioned act. Section l(u) of Title I and Section 408 of Title IV of the.~above captioned act are quoted as follows: "'Title I, Section l(u) The te:rm "inspector" means an employee of the State' Department of Bealth~who~ shall be under the, supervision of the chief officer in charge of inspection. The chief officer in charge of inspection shall be a veterinarian designated by thep.commissioner as responsible for animal health.as.animal health is related to public health,, and shall be directly responsible to the commissioner. He shall be .licensed to practice veterinary medicine in this state or eligible to be licensed to practice in this state, and if the latter should be the case., he must secure a Texas license within two, years from the time of his employment in this position.' -2130- - Dr. J. E. Peavy, page 2 (M-426) "'Title IV, Sec. 408 The commissioner shall designate at least one state inspector for each state representative district.' "While the above quoted Section 408 requires the Commissioner to designate at least one state inspector for each state representative district, it is apparent that in densely populated areas additional personnel will be required~ to properly administer the provisions of the,Meat Inspection Act. Many city and/or county health departments have existing facilities and staff available to carry out~meat inspection services and related activities. "Therefore, the following question is re- spectfully submitted for your interpretation: For the purposes of this act, is,the Texas State Department of Health authorised.to contract for inspection, services and related assistance with political subdivisions, city health departments, county health departments or any combination thereof, or any individual, firm; partnership or corporation in carrying out its responsi- bilities under this act?" The Texas Meat and Poultry Inspection-Act, S.B. 28, 61st Legislature, Regular Session, 1969- (repealing Art. 4476-3, V.C.S.) defines an Inspector as an employee of the State Depart- ment of Health .who shall be under the-supervision of the chief officer in charge. of,inspection and~provides that, the,Commissioner shall designate~at least one state inspector for each state representative district. Sections 6,and'l3 of Title I of the Act provide for the inspection of meat, etc., prepared solely for intrastate commerce by "inspectors appointed for that pur- pose". Since an "inspector" must be an "employee of the State Department of Health", the Act does not authorize the Department to contract for inspection services and related assistance with political subdivisions, city health departments, county health departments or any combination thereof. Likewise, it does not authorize said Department to contract with any individual, firm, partnership or corporation as an independent contractor in carry- ing out the responsibilities of the Act. -2131- , 1 Dr. J. E. Peavy, page 3 (~-426) SUMMARY S.B. 28, Acts 61st Leg., R.S., 1969, Ch. 123, p. 337, does not authorize the Texas State Depart- ment of Health to contract for inspection services and related assistance with political subdivisions, city health.departments, county health departments, or any combination thereof, or'with any individual, firm, partnership or corporation,- as an independent contractor, in carrying out its responsibilities under the Act. /) Prepared by Jack Sparks Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton,, Vice-Chairman Louis Neumann Edward H. Esquivel Rex H. White Malcom Smith HAWTHORNE PHILLIPS Executive Assistant -2132-