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standing, who shall be graduates of reputable medical colleges, to be appointed biennially by the Governor as soon as practicable after the passage of this bill, and thereafter on or before the 10th day of March following his inauguration. One member of said board, who shall be appointed by the Governor and confirmed by the Senate, shall be designated by the Governor as State Health Officer, and who shall be president and executive officer of the board. The members of said board shall hold their office for a term of two years, and until their successors shall be appointed and qualified, unless sooner removed for cause.
SEC. 2. The president of said board shall receive annually a salary of $2500. The other six members of said board shall receive no salary, but each of said members shall be allowed for each and every day he shall be in attendance upon the meetings of the board the sum of $10, including the time spent in travel, and 3 cents per mile going and coming for actual expenses to be paid on their vouchers when approved by the president of the board and the Governor by warrant drawn by the ('omptroller against the general appropriation provided by law for that purpose; provided, no member shall receive more than $500 annually.
SEC. 3. A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall meet at Austin on the first Tuesday after appointment and commission, and thereafter shall meet quarterly on a day to be fixed by the board, or as often and at such time and places as such meetings shall be deemed necessary for the board. Timely notice of such meetings shall be given to each member of the board by the president thereof. The board shall be convened on call of the president, or on demand of three members of said board made in writing to the president. The office of said board shall be in the Capitol at Austin, and the said board shall be furnished with all necessary equipment and supplies, including laboratory supplies, books, stationery, blanks, furniture, etc., as other offices of the State are furnished, including suitable rooms for its offices and laboratories, necessary for carrying on the work of the board, and to be provided in the Capitol building or other suitable buildings to be designated by the Governor.
Sec. 4. The president of the board shall at the first meeting of the board appoint, with the approval of the Governor, the following:
(1) An Assistant State Health Officer, who shall be a legally qualified practitioner of medicine under the laws of the State of Texas, and who shall have had five years experience in the practice of medicine in this State, whose duty it shall be to assist the president of the board in a general supervision of the affairs of his office and in the enforcement of quarantine and sanitation throughout the State. Said Assistant State Health Officer shall receive an annual salary of $2100.
(2) A Registrar of Vital Statistics, whose duty it shall be to correct, record, compile and tabulate the vital and mortuary statistics of the State as provided by law, and shall also be secretary of the board, and perform such other duties as may be directed by the president of the board, and he shall receive an annual salary of $1809.
(3) A chemist and bacteriologist, who shall be learned in chemistry, pathology and bacteriology, and he shall receive a salary of $1800 per
annum. He shall make examinations and analyses of such things and matters as may be submitted to him by the board, or the State Health Officer, and shall report results of such examinations in such manner and form as may be directed by the board.
(4) One stenographer and bookkeeper combined at a salary of $1200 per annum.
(5) One inspector at a salary of $1800 per annum. It shall be the duty of such inspector to conduct such inspection as required by the board and the president of the board, and to assist in the enforcement of all sanitary and quarantine laws of the State, and to perform such other necessary services as may be prescribed by the president of the board.
SEC. 5. Members of the board shall qualify by taking the Constitutional oath of office before an officer authorized to administer oaths within this State. Upon presentation of oaths and their certificates of appointment signed by the Governor, the Secretary of State shall issue commissions to them under the seal of the State, which shall be evidence and be authority to act as such members of the board.
Sec. 6. The president of the board shall execute bond in the sum of $10,000, with two or more good and sufficient sureties, pavable to the Governor and his successors in office conditioned for the faithful performance of his official duties to be approved by the Governor, and filed in the office of the Secretary of State.
SEC. 7. The president of the board shall have charge of and superintend the administration of all matters pertaining to State quarantine. with full authority to declare and enforce quarantine, but the quarantine service shall be maintained upon its present operating basis and under the existing general laws relating thereto, and shall be operative under the existing appropriations until the end of the current fiscal year.
Sec. 8. There is hereby appropriated and set aside out of the general revenue of the State the sum of $8000, or as much thereof as shall be necessary, to pay salaries of the members and officers of the board, its inspectors, assistants and employes for the remainder of the current fiscal year after their tenure of office begins.
SEC. 9. The State Board of Health shall have general supervision and control of all matters pertaining to the health of the citizens of this State, as provided herein. It shall make a study of the causes and prevention of infectious and contagious diseases within the State, and, except as otherwise provided in this Act, 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 disease from points without the State, and shall have direction and control over all sanitary and quarantine measures for dealing with all such diseases within the State and to suppress same and prevent their spread.
Sec. 10. Power is hereby conferred on the Texas State Board of Health to prepare a sanitary code to be known as the Sanitary Code for Texas, which shall provide rules and regulations for the promotion and protection of the public health, and for the general amelioration of the sanitary and hygienic condition within this State, for the suppression and prevention of infectious and contagious diseases, and for the proper enforcement of quarantine, isolation and control of such diseases; provided, however, that where a patient can be treated with reasonable safety to the public health, he shall not be removed from his home without his consent, or the consent of the parents or guardian, in case of a minor, which said code, when so made, adopted, approved by the Governor, published and promulgated, shall have the force of law in all respects as far as relates to the following subjects:
(a) In the management of quarantine and disinfection with respect to all contagious, infectious diseases and exposures.
(b) In the government of quarantine and disinfection of all pestilential diseases, such as bubonic plague, Asiatic cholera, leprosy, typhus and yellow fever.
(c) For the inspection, sanitation and disinfection of all railway coaches (including interurban cars), sleeping cars, street cars, waiting rooms, toilet rooms in cars and stations, depots and stations; the regulations for the proper protection of the public water, ventilation and heat supplies in such places, and the sanitary conduct and condition of all persons within such places.
(d) Governing the reporting by physicians and health officers of the presence in any locality of all contagious and infectious diseases.
(e) Governing the manner and method of collecting and reporting all vital and mortuary statistics, including reports of births and deaths, designating to whom and by whom such report shall be made and the form of same.
(f) Governing the preparation for transportation of dead bodies
Provided, that said Texas State Board of Health shall prepare and adopt at such time as they may deem proper and expedient an Advisory Supplement to such Sanitary Code for Texas which shall contain rules and regulations on the following subjects:
(1) Prescribing and fixing the standard for disinfectants; piring employment of disinfectants of proper quality and standard for the disinfection of all premises as directed by the board.
(2) Regulating the proper sanitary disposition of sewerage, garbage, and offal, and the proper drainage of unsanitary premises.
(3) Governing the proper interment and disinterment of dead bodies.
(4) Regulating the examination and inspection both ante mortem and post mortem of all animals which may be intended for supplying food products of meat for human consumption : regulating and governing the protection of the public with reference to the sale and use of diseased animals for producing food products or meat, the manner of feeding to animals designated for producing food products for human consumption all offensive or diseased producing food stuffs; regulating the inspection, examination and management of all dairy cows and herds for the purpose of controlling and suppressing tuberculosis and other diseases liable to be communicated from animal to man.
(5) Regulating the sanitary condition of slaughter houses, meat markets and dairies.
(6) Rules and regulations for the sanitation and disinfection of public buildings; provided, that a public building is hereby declared to be any building owned by the State or any county or any city school
building, college or university of any class, any dance hall, music hall, saloon, fire hall, skating rink, theater, theatorium, moving picture show, circus, pavilion, office building, hotel, lodging house, restaurant, lecture hall, place of public worship or any building or place used for the congregation, occupation or entertainment, amusement or instruction of the public.
(7) Rules and regulations to govern and control the conduct and operation of markets, peddlers' wagons, and all other places and methods of exposure for sale of meats, fish, poultry, game, fruits, vegetables and all perishable articles of food exposed for sale, and to regulate the time and method of such exposure, and to prescribe and limit methods for the preservation of such articles of food, and to prohibit the doing of any act or the use of any method with respect thereto, which said board shall deem prejudicial to the public health; provided, that any condemnation of any such article of food shall be in writing and record of the same shall be kept by said health department. Provided, that such Advisory Supplement to Sanitary Code for Texas shall be advisory only. It shall be the duty of all city and county health officers, members of city councils, city and county commissioners to co-operate at all times with the Texas State Board of Health in enforcing the rules and regulations contained in such Advisory Supplement, and any city or town in this State may by a majority of its city council or commissioners and whenever the subject matter relates to the public schools, with the approval of a majority of the members of the school board of such city or town, adopt such Advisory Supplement, and the rules and regulations therein contained shall thereafter have the full force and effect of law in such city or town; provided, that the commissioners court of any county in this State may by a majority vote adopt said Advisory Supplement to the Sanitary Code for Texas and thereafter the rules and regulations contained in such Advisory Supplement shall have the full force and effect of law outside of all incorporated cities and towns in such county.
Any person who shall violate any of the rules and regulations contained in the Sanitary Code for Texas as embraced in subdivisions a, b, C, d, e, and f of this Section, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $10 and not more than $1000.
Any person who shall wilfully violate any of the rules and regulations contained in the Advisory Supplement to the Sanitary Code for Texas. embraced in subdivisons 1, 2, 3, 4, 5, 6, and 9 of Section 10 of this Act, when same shall have been adopted by the city or county in which said person shall have violated such rules and regulations, he shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $5.00 and not more than $200.
It shall be the duty of the said Texas Board of Health to investigate and to provide for the removal of known causes of disease; to provide for the extermination of obnoxious and hurtful insects, vermin and rodents when necessary to prevent and suppress disease.
For the compilation and preparation of such code, it shall be the duty of the board to consult authorities and make investigatione relative to
the most approved modern sanitary codes and spare no pains to make the same complete in the light of modern science.
On adoption of the said code by votes of a majority of the members of the board, and approved by the Governor, it shall be published at length for one time in official monthly bulletin of the State Board of Health, and at least three times for three consecutive weeks in three daily newspapers of the State, after which adoption, approval and publication it shall become operative and have the absolute force of law, and any person who shall violate any of the rules, regulations in said sanitary code after its adoption and publication as above provided for shall be deemed guilty of a misdemeanor and upon conviction shall be fined as herein prescribed.
And it is hereby made the duty of the several courts of this State having jurisdiction over such offenses, according to the grade thereof, to enforce and carry into effect each and all of the rules and regulations as promulgated in said Sanitary Code of Texas, when they shall have the force and effect of law as provided herein, and to impose and collect penalties in the amounts therein specified from all persons found guilty of any violations thereof.
There shall be printed by the board and by it published in pamphlet form a sufficient number of copies of the Sanitary Code for Texas for distribution to the public. Copies shall be furnished free upon application to county and municipal health authorities, boards of health, mayors, members of city councils, city commissioners and judges and clerks of courts. Copies of said code shall be furnished by the board upon application to any person applying therefor and paving a nominal sum to be fixed by the board. to cover cost of publication and transportation of same.
Provided, this Act shall not be construed to repeal any of the laws of this State now in force affecting the public health, but shall be construed to be cumulative to said laws, and the Board of Public Health is hereby authorized to promulgate rules and regulations for all laws relating to the public health now in force in this State.
Sec. 11. Power is hereby conferred upon the Texas State Board of Health to further revise and amend said Sanitary Code for Texas at any time they may deem proper and expedient; provided, that such revision and amendment shall come within the scope of the power herein conferred upon the board for enacting the original code.
SEC. 12. It shall be the duty of said Texas State Board of Health to perform all functions and duties now imposed by existing laws upon the State Health Officer, and whenever State Health Officer is mentioned in the present laws the Texas State Board of Health shall be deemed to succeed in purpose and effect, whenever such Statutes are not in conAlict with this Act.
SEC. 13. Each member of the said Texas State Board of Health and each of its inspectors and officers is hereby constituted a peace officer and shall have power to arrest persons violating any of the provisions of the sanitary code to be adopted by the board, of the violation of any public health, sanitary or quarantine law of the State, and such member, officer or inspector may so arrest such offenders without warrant when