Untitled Texas Attorney General Opinion ( 1965 )

E RNEU GENERAL
QP TEXAS
Dr. J. E. Peavy
Commissionerof Health
Texas State Department of Health
Austin, Texas
Opinion No. C-574
Re: Whether House Bill 224,
Acts of the 57th Legislature,
1961, codified as Article
1269L-2,Vernon's Civil
Statutes, is sufficient to
authorize and empower the
Department of Health to
assist a county or counties
in their planning efforts
Dear Dr. Peavy: and related question.
Both your original and supplemental'request for an
opinion on the above subject matter ask substantiallythe follow-
ing questions:
1. Whether House Bill 224, Acts of the
57th Legislature,1961, codified as Article
1269L-2, Vernon's Civil Statutes, is sufficient
to authorize and empower the Department of
Health to assist a county or counties in their
planning efforts; and
2. Whether a c'ountyor counties have the
authority and power to create or perform plan-
ning functions in relationshipwith the Depart-
ment of Health.
You refer in your original request to Article 1269L-2,
Vernon's Civil Statutes,which states, in part, as follows:
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Dr. J. E. Peavy, page 2 (c-574)
"The Texas State Department of Health is
hereby authorized,upon the reauest of the
qwernins body of any political subdivision or
the authorizedacencv of anvcrouv of nolitical
subdivisions: (a) to arrange planning assistance
. . .M (Rmphasisadded)
Section 1, Article XI, of the Constitution of Texas
states:
"The several counties of this State are
hereby recognized as legal subdivisionsof the
State."
In addition, the courts of the State have expressly
held that counties are political subdivisionsof the State.
Galveston v.Posnafnsky-,62 Tex. 118 (1884);Hamilton County v.
Garrett, 62 Tex. 602 (1884):Limestone County v. Robbins, 120
Tex. 341, 38 S.W.2d 580 (1931);Childress Countv v. State, 127
Tex. 343, 92 S.W.2d 1011 (1936);Abilene v. State, 113 S.W.2d
631 (Tti.Ci~.App.1936, error dism.)
Therefore, in answer to question No. 1, the article
cited specificallyauthorizes the Department of Health, upon
request, to enter into an agreementwith a political subdivision
or the authorized agency of any group of political subdivisions
to aid and to arrange planning assistancewith such requesting
political subdivision.
In answex to question No. 2, Article 1269L-2, Vernon‘s
Civil Statutes, by the use of the terms "politicalsubdivision"
in the singular sense and "any group of political subdivisions"
in the plural sense, contemplatesboth planning by an individual
county and planningby two or more counties. As stated above,
a county is a political subdivision. mo or more counties is
a group of political subdivisions.
In light of the language of the statute, it is our
opinion that a county or counties have the authority and power
to perform planning functions in relationshipwith the Depart-
ment of Health.
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Dr. J. E. Peavy. page 3 (C-574)
The Department of Health is authorized and
empowered upon request of the governing body
of any political subdivisionor the authorized
agency of any group of political subdivisionsto
arrange planning assistance;counties of this
state individuallyor an authorized agency of
a group of counties may perform planning functions
in relationshipwith the Department of Health.
yours very truly,
WAGGONER CARR
Attorney General
Assistant
JPC:ra
APPROVED:
OPINION CCMMITTEE
W. V. Geppert, Chairman
John Reeves
Pat Bailey
Bob Flowers
Linward Shivers'
APPROVED FOR TBE ATTORNB!fGENERAL
By: T. B. Wright
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