Texas Attorney General Opinion: JM-1135 Page: 1 of 7
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THE ATTORNEY GENERAL
Robert Bernstein, M.D., F.A.C.P.
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756-3199
Opinion No. JM-1135
Re: Construction of the
Virus Services Act, arti-
cle 4419b-4, V.T.C.S.
Dear Dr. Bernstein:
You ask three questions regarding the interpretation of
section 2.03(h) of the Human Immunodeficiency Virus Services
Act (hereinafter the act). V.T.C.S. art. 4419b-4, et seq.
Before we analyze that particular provision, we will briefly
examine the act as a whole.
Article 1 of the act includes definitions and desig-
nates the Texas Department of Health (hereinafter the
department) as "the primary resource for HIV education" in
the state. Article 2 requires the department to establish
and administer a state grant program for HIV education,
prevention, risk reduction programs, treatment, health, and
social service programs for persons with HIV infection.
Article 3 establishes an HIV medication program in the
department. Article 4 relates to HIV testing and coun-
seling. Article 5 establishes an education program for
state employees and requires state agencies to develop
workplace guidelines concerning persons who have AIDS or HIV
infection. Article 6 requires the Texas Department of Human
Services to establish demonstration projects for providing
nursing care to persons with AIDS or HIV infection. Article
4419b-5, V.T.C.S., authorizes the department to develop a
model education program for school-age children regarding
sexual issues and AIDS. Article 4419b-6, V.T.C.S., esta-
blishes the Texas Human Immunodeficiency Virus Medication
Program under the Texas Health and Human Services Co-
The focus of your inquiry is article
which establishes a state grant program.
of the act designates the department to
administer the program. Section 2.02(a)
2 of the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1135, text, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273573/m1/1/: accessed March 24, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.