Untitled Texas Attorney General Opinion ( 1954 )

Honorable William L. McGill Opinion No, S-135 State Coordinator Defense and Disaster Relief Re: Authority of the State Austin, Texas disaster officials to spray private residences in the Rio Grande flood Dear Mr. McGill: area. You have requested an opinion concerning the authority for state agencies to spray residences damaged by the flood disaster on the upper Rio Grande Valley which has created a health problem In that area. Article 4419, Vernon's Civil Statutes, provides: "The State Board of Health shall have general supervision and control of all matters pertaining to the health of citizens of this State, as provided herein. It shall make a study of the causes and pre- vention of infection of contagious diseases affecting the lives of citizens within this State and except as otherwise provided In this chapter shall have direction and control of all matters of quarantine regulations and enforcement and shall have full power and authority to prevent the entrance of such diseases from.points without the State, and shall have direction and control over sanitary and quarantine measures for dealing with all .dlseaseswithin the State andto ppresa same and prevent their spread. The president of %e board shall have charge of and superintend the administration of all matters pertaining to State quarantine." Sections 2, 4 and 8 of Article 6889-4, Vernon's Civil Statutes, provide: "Sec. 2. The Governor shall provide for the organization and coordination of a program of civil de?ense and dlsaster'rellef adequate to protect life and property in this State In case of natural disaster, enemy action, or the threat thereof." Hon. Willlam L. McGill, page 2 (S-135) “Sec. 4 . . . (e) to Prescribe uniform signals warnings, alerts, credentials, inslgnla, and civil defense ooerational olans throughout the State and to provide for dim outs or other~precautionary measures deemed necessary to prevent or minimize loss of life or Injury to persons or property from enemy action or other catastrophe or the threat thereof; . . .' “Sec. 8. In carrying out the provislons of'this Act, the Governor and the executive officers or governing bodies of the political subdivisions of the State are authorized to utilize the services, equipment, supplies and facllltles of existing depart- ments, offices, and agencies of the State and of the politlcal subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Governor and to the ~3.~11defense organization of the State upon request." Under the provisions above quoted you are advised that the various state agencies In the exercise of their police powers to protect the health and property of the citizens of the state may expend money and enter upon premiBes to spray houses In the disaster area in those instances where It Is determined to be necessary for the~protectlon of public health. Attorney General's Opinion to Honorable Allan Shivers dated July 16, 1953. Of course, all officers, agents and employees of the state should exercise'due diligence and care when entering private residences so as not to damage the property of the owners. SUMMARY State dlsaster officers In the exercise of their police powers to protect the health and property of the citizens of the state may expend money and enter Hon. William L. McGill, page 3 (S-135) upon the premises to spray houses In the disaster area in those instances where it is determined to be necessary for the protection of 'publichealth. Yours very truly, APPROVED: JOHN BEN SREPPERD Attorney General J. C. Davis, Jr. County Affairs Burnell Waldrep Reviewer Assistant William H. Holloway Reviewer Robert S. Trotti First Assistant JR:CS ._-. -I’