Untitled Texas Attorney General Opinion ( 1946 )

*,.s .. L 37’8 . @ OFFICE.OF THE AlTORNEY GENERAL OF TEXAS AUSTIN Hon. GoOrSL: Y.. COX - Pq0 2 'is~8 of necessity referred to tho i.ctof Congress s&tirtC u the mental health program which ?.ct appearo aa Public L&w NOi 4b 73th ConTess, Chapter t38 Second Seesion awroved Jlil 3, 194b. This larr mm passed as & aendmont to the &bllc ~(saI th Service Aot to provide for research relating to psychiatric disorders and.to aid in the devslopmont of more effective methodo of provention, dlwosis and treatment of such disorders, and for ether pwpoms~ Section 2 of tho Public Lathstates tho purpose of the Act snd in Section 3 the folloucln;: definitions arc set forth: "(1) The term ~psychlatrlcdisorders' includes dlserees of the nervous system uhich affect nental health; and “M The tern *State mental health authority1 means the state health authority, except that in the cese of any State in which there is a si&e Ftats wency, other than the State health authority, charsed with responsibilityfor cdnlniaterlng the mental health progran of the :;tate,It means such other State agency." 1.0have carefully searchci.the stztutca of this Xetc and fini no single State &;cncy char~ci \;ithadninisterinl:any Fodordl nental health progxws Irtic1.0441$f :kvised Citil Statutes of Texas, 1923, pro- vides that it shall be iawful for the ,CtateEepartmnt of Eeelth to accept donations and contributions to be erponded In the interest of tba public hoalth ae well as in the enforcement of public health lavis. To bo comtrucd with this statute is Senate Bill 313, f.cts1946 49th Legislature, Ch. 37c, Sec. 2, subdivision (9) under Generai Pro- visions which authorices the State Health Officer to mke application for and accept any ~,ifts,grants or allotments.or Sknds from the Unite: Statec govonnent health projects and program, etc., to be used on State coo;mrativc a.% other Federal projecto and prozraznsIn Tc~as. In vieu of tho foregoins, you are advised that the State Cepartmnt of Ee&Lth must to considered the wCtate !‘sntelhealth autk- orityn xlthin the nrovisisns of and as that term Is defined in sub- &&ion (m), Sactloa 2 Public LEWno. 487, 79th Cowross, 2nd mission, approved July 3, 1946. fours very truly AWOXHEY GEIGIUL OF TXiS:‘,