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the offense is committed within the presence or sight of such meinber, officer or inspector, but otherwise only when in the execution of a warrant issued by a proper officer.
It is hereby made the duty of all sheriffs and their deputies and constables and their deputies, police officers, town marshals, State Rangers and all other peace officers to assist in the apprehension and arrest of all persons violating any provisions, rules, ordinances or laws or the Sanitary Code for Texas as it may be adopted by said board, or for violation of any public health, sanitary or quarantine laws of the Sanitary Code for Texas as it may be adopted by said inspectors and officers of said board, to apprehend and arrest all persons who may commit any offense against the public health laws of this State, or the rules, regulations, ordinances and laws of the Sanitary Code for Texas when adopted, published and promulgated by said Board of Health, as provided in this Act when charged to execute a warrant of arrest issued by the proper officer for the apprehension and arrest of all persons charged with so offending.
SEC. 14. The members of the board of health and every person duly authorized by them upon presentation of proper authority in writing are hereby empowered whenever they may deem it necessary in pursuance of their duties to enter into, examine, investigate, inspect and view all grounds, public buildings, factories, slaughter houses, packing houses. abattoirs, dairies, bakeries, manufactories, hotels, restaurants and all other public places and public buildings where they may deem it proper to enter for the discovery and suppression of disease and for the enforcement of the rules, regulations and ordinances of the Sanitary Corle for Texas after it has been adopted, promulgated and published by the board for the enforcement of any and all.health laws, sanitary laws or quarantine regulations of this State.
SEC. 15. The members of said board of health and its officers are hereby severally authorized and empowered to administer oaths and to summon witnesses and compel their attendance in all matters proper for the said board to investigate, such as the determination of nuisances, investigation of public water supplies, investigation of any sanitary conditions within the State, investigation of the existence of infection or the investigation of any and all matters requiring the exercise of the discretionary powers invested in said board and its officers and members and in the general scope of its authority invested by this Act. The several district judges and courts are hereby charged with the duty of aiding said board in its investigations and in compelling due observance of this Act, and in the event any witness summoned by said board or any of the officers or members of the same shall prove disobedient or disrespectful to the lawful authority of such board, officer or member, such person shall be punished by the district court of the county in which such witness is summoned to appear as for contempt of said district court.
SEC. 16. Any witness when summoned to appear before said board who shall falsely testify as to any matters proper for the determination of any question wbich the board may be investigating shall be deemed guilty of perjury, and shall be punished as provided by law for the offense of perjury.
Sec. 17. Be it further enacted that the office of county physician shall be abolished within the several organized counties of this State, and that instead the office of county health officer is hereby created in each organized county within this State.
SEC. 18. The office of county health officer shall be filled by a competent physician legally qualified to practice under the laws of the State of Texas and of reputable professional standing.
SEC. 19. It is hereby made the duty of the commissioners court by a majority vote of each organized county to appoint a proper person for the office of county health officer for his county, who shall hold office for two years and until his successor shall be appointed and qualify, unless sooner removed for cause; provided, however, that in all counties where there is a duly appointed and acting county physician heretofore appointed the county judge shall appoint such county physician as county health officer. Said co ty health officer shall take and subscribe to the Constitutional oath of office, and shall file a copy of such oath of office and a copy of his appointment with the Texas State Board of Health, and until such copies are so filed said officer shall not be deemed legally qualified. Compensation of said county health officer shall be fixed by the commissioners court; provided that no compensation or salary shall be allowed except for services actually rendered.
Sec. 20. The office of city physician for the several incorporated cities and towns within this State is hereby abolished, and instead created the office of city health officer; provided, however, that city physicians now in office shall serve as city health officer until the expiration of their present terms.
Sec. 21. The office of city health officer shall be filled by a competent physician, legally qualified to practice medicine within this State, of reputable professional standing.
SEC. 22. It is hereby made the duty of the city council or the city commissioners, as the case may be, of each incorporated city and town within this State to elect a qualified person for the office of city health officer by a majority of the votes of the city council or city commission, as the case may be, except in cities which may be operated under a charter providing for a different method of selecting city health physicians, in which event the office of city health officer shall be filled as is now filled by the city physician, but in no instance shall the office of city health officer be abolished.
The city health officer, after appointment, shall take and subscribe to the Constitutional oath of office, and shall file a copy of such oath and a copy of his appointment with the Texas State Board of Ilealth, and shall not be deemed to be legally qualified until said copies shall have been so filed.
SEC. 23. In case the authorities hereinbefore mentioned shall fail, neglect or refuse to fill the office of county or city health officer as in this Act provided, then the Texas State Board of Health shall have the power to appoint such county or city health officer to hold office until the local authorities shall fill such office, first having given ten days notice in writing to such authority of the desire for such appointment.
SEC. 24. Each county health officer shall perform such duties as have heretofore been required of county physicians with relation to caring for the prisoners in county jails and in caring for the inmates of county poor farms, hospitals, discharging duties of county quarantine and other such duties as may be lawfully required of the county physician by the commissioners court and other officers of the county, and shall discharge any additional duties which it may be proper for county authorities under the present laws to require of county physicians, and in addition thereto he shall discharge such duties as shall be prescribed for him under the rules, regulations and requirements of the Texas State Board of Health or the president thereof, and is empowered and authorized to establish, maintain and enforce quarantine within his county. He shall also be requireed to aid and assist the State Board of Health in all matters of local quarantine, inspection, disease, prevention and suppression, vital and mortuary statistics and general sanitation within his county, and he shall at all times report to the State Board of Health in such manner and form as it shall prescribe the presence of all contagious, infectious and dangerous epidemic diseases within his jurisdiction, and he shall make such other and further reports in such manner and form and at such times as said Texas State Board of Health shall direct, touching such matters as may be proper for said State Board of Health to direct, and he shall aid said State Board of Health at all times in the enforcement of its proper rules, regulations, requirements and ordinances and in the enforcement of all sanitary laws and quarantine regulations within his jurisdiction.
SEC. 25. In all matters with which the State Board of Health may be clothed with authority, said county health officer shall at all times be under its direction, and any failure or refusal on the part of said county health officer to obey the authority and reasonable commands of said State Board of Health shall constitute malfeasance in office, and shall subject said county health officer to removal from office at the relation of the State Board of Health, and pending charges for removal said county health officer shall not receive any salary or compensation. which cause shall be tried in the district court of the county in which such county health officer resides.
SEC. 26. In the event any county health officer shall fail or refuse to properly discharge the duties of his office, as prescribed by this Act, the State Board of Health shall file charges with the commissioners court for the proper county specifying wherein such officer has failed in the discharge of his duties, and at the same time the State Board of Health shall file a protest with the county clerk and the county treasurer against the payment of further fees, salary or allowance to said county health officer, and pending such protest and charges it shall not be lawful for such county health officer to be paid or to receive any subsequently earned salary, fees or allowances on account of his office, unless such charges are shown to be untrue and are not sustained. After five days notice in writing to said county health officer the commissioners court shall hear the charges, at which hearing the county judge shall preside, and the State Board of Health may be represented. Either party, the State Board or the county health officer, may appeal from the decision of said court to the district court of the county, and pending such appeal no salary, fees or allowance shall be paid to said county health officer for any subsequent earned salary, and in the event the charges shall be sustained, the county health officer shall be charged to pay all costs of court, and shall forfeit all salary, fees and allowances, earned subsequent to the date of filing the charges and protests.
Sec. 27. No bond for costs or bond on appeal or writ of error shall be required of the State Board of Health or State officials in any actions brought or maintained under this Act.
Sec. 28. Each city health officer shall perform such duties as may now or hereafter be required by the city councils and ordinances of city physicians and such duties as may be required of him by general law and city ordinances with regard to the general health and sanitation of towns and cities, and perform such other duties as shall be legally required of him by the mayor, councils, commissioners or the ordinances of his city or town. He shall in addition thereto discharge and perform such duties as may be prescribed for him under the directions, rules, regulations and requirements of the State Board of Health and the president thereof. He shall be required to aid and assist the State Board of Health in all matters of quarantine, vital and mortuary statistics, inspection, disease, prevention and suppression and sanitation within his jurisdiction. He shall at all times report to the State Board of Health in such manner and form as shall be prescribed by said board of health the presence of all contagious, infectious and dangerous epidemic diseases within his jurisdiction, and shall make such other and further reports in such manner and form and at such times as said State Board of Health shall direct touching all such matters as may be proper for the State Board of Health to direct, and he shall aid said State Board of Health at all times in the enforcement of proper rules, regulations and requirements in the enforcement of all sanitary laws, quarantine regulations and vital statistics collection, and perform such other duties as said State Board of Health shall direct.
In all matters in which the State Board of Health may be clothed with authority said city health officer shall at all times be governed by the authority of said board of health, and failure or refusal on the part of said city health officer to properly perform the duties of his office as prescribed by this Act shall constitute malfeasance in office and sha!! subject said city health officer to removal from office at the relation of the State Board of Health, which cause shall be tried in the district court of the county in which such city health officer resides.
In the event of a failure or refusal of said city health officer to properly discharge his duties of his office the State Board of Health shall file charges against said city health officer with the council or city commission of the proper town or city, which shall specify in what particulars said city health officer has failed in respect to the discharge of his duties, and shall at the same time file a protest with the city secretary and city treasurer against the payment to said city health officer of further fees, salary or allowance, and pending such charges and protest no further salary, fees or allowance shall be paid to said city health officer, unless such charges are shown to be untrue and not sustained. After five days notice in writing to said city health officer the charges shall be heard before the mayor and council, or the mayor and commission of the town or city in which said city health officer shall reside, at which hearing the State Board of Health may be represented, and either the city health officer or the State Board of Health shall have the right of appeal to the county court of the county in which the city or town is situated, and if said charges be sustained said city health officer shall be adjudged to pay all costs of court, and shall forfeit all salary, fees and allowances accrued subsequent to the date of filing of the charges and protest originally and which may be due him on account of his office.
SEC. 29. The compensation of city health officer shall be fixed by the mayor and council, or the mayor and commissioners of the respective towns and cities within this State.
Sec. 30. There shall be an annual conference of county health officers and city health officers of this State, at such time and place as the State Board of Health shall designate, at which conference the president or some member of the State Board of Health shall preside. The several counties, towns and cities may provide for and pay the necessary expense of its county health officer or city health officer for attendance upon said conference.
SEC. 31. In all matters wherein the Board of Health shall invoke the assistance of the courts, the action shall run in the name of the State of Texas, and the Attorney General shall assign a special assistant to attend to all legal matters of the board, and upon demand of the board it shall be the duty of the Attorney General to promptly furnish the necessary assistance to the board to attend to all its legal requirements.
Sec. 32. The fact that there is now no uniform and efficient law for the suppression and prevention of disease within this State, other than that of foreign origin, and no effective system for preserving, tabulating and utilizing the vital and mortuary statistics of the State and for the appointment of local health officers, creates an emergency and imperative public necessity that the Constitutional rule providing that bills be read on three several days be suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.
NOTE.-The enrolled bill shows that the foregoing Act passed the Senate by a two-thirds vote, yeas 27, nays 2; and was referred to the House, amended and passed; that the Senate refused to concur in the House amendments, and the bill was referred to a Free Conference Committee; that the Free Conference Committee's report was adopted by the Senate by a two-thirds vote, yeas 28, navs 0; and by the House by a twothirds vote, yeas 93, nays 5.)
Approved April 21, 1909.