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Wednesday, September 15, 2010

Municipalities responsibility under the Texas Health Code

The city of Denton used this Texas Health Code to justify it's new drilling ordinances.

§ 122.005. POWERS OF TYPE A GENERAL-LAW
MUNICIPALITY. (a) The governing body of a Type A general-law
municipality may take any action necessary or expedient to promote
health or suppress disease, including actions to:
(1) prevent the introduction of a communicable disease
into the municipality, including stopping, detaining, and
examining a person coming from a place that is infected or believed
to be infected with a communicable disease;
(2) establish, maintain, and regulate hospitals in the
municipality or in any area within five miles of the municipal
limits; or
(3) abate any nuisance that is or may become injurious
to the public health.
(b) The governing body of a Type A general-law municipality
may adopt rules:
(1) necessary or expedient to promote health or
suppress disease; or
(2) to prevent the introduction of a communicable
disease into the municipality, including quarantine rules, and may
enforce those rules in the municipality and in any area within 10
miles of the municipality.
(c) The governing body of a Type A general-law municipality
may fine a person who fails or refuses to observe the orders and
rules of the health authority.

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