Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE ARORNEY GENERAL OF TEXAS
AUSTIN
Eon. iho. .i, 001, X. D.
state Health ofrioer
Austin * ?SxaS
--~_
3ear 3lr: apinion Iio. M&Z72 ’
.:a~---,tiuthority oP.~the Attor-
hey General tii\rrg$resent
.,ta Xate Department or
I’ ijealth In suit for re-
covery or fees due under
provisions or 2tiole
’ &76-a, ~ernon*s motated
-\ Civil Statutes.
,.' \
/
YOU- letter of August 17, '194~2, requests the opin-
ion 0r this dk3piiHXqAt as tQ WBether it is the duty or the
attorney c.3enera.l.
to eaoh QtSele,,dr bedding mnufaotured, snd that a revenue
atamp,shal'i, bri"&tyohed to suah label. The mnufacturer, dea-
cribed by yoq had refused to attaoh the label or the revenue
stamp to artiDf'es ol bedding nanufaotured by hkn.
:hilo the statute provides a oriminsl penalty for
violation of its provisibns, we are of the opinion that upon
the mnufacture or th,e artiole of bedding, the ;zunuf,?oturer
beames liable to the State for the amouut sl the revenue
stamp required to be attached thereto. 3uch liability is a
debt to the state, and ir;ay be anforoed by suit. :59 Tex. 76; Cave v. city or ::ouston, 65
Tex. 619; State V. L~illlianm, d Tex. 354; Yexae ?anking &
Iniuranoe CO. v. state, k2 Tex. 636.
Seation 22, A%.ole 4 or the Sonstitution, after
proaoribing oertain, specifio duties of tCe .+ttorney Gen-
eral, provides that he ahall *perform suoh okher duties as
nay be presoribed by law.**
lrtiole j&l&, X.C.Y. reads, in >art, 3s fz~llo-mr
WI all matters :uherein the State aoard
of l’fealth shall invoke the aid oi' the oo*tita,
the clotion shall run in ihe naftie ol %e Aate
or Texas. The Attorney Generai shall assign
a special a~asiatant to attend to ull legal
natters of the board. Upon uemod of the
board, the Attomey General shall fur;iish the
neaeesary assistanoe to the board to attend
to all its legal requirernenta.. . .I*
Seotion 5, Artiole 4476-a. charges the Sate Board
of IIealthwith the enforoement gi" the .;ct.
\a am, thsrerore, or the opinion that it ia the
duty of the Attorney General to represent the State, in a
suit brought at the instance of the state Soard of Ysalth
for the oolleotion of delinquent ices knposed by Article
476-a, V.A.G.3.
Truatlng that ws have fully anmered your tiquiry,
we are