Untitled Texas Attorney General Opinion ( 1939 )


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  •       OFFICE OF THE ATTORNEY   GENERAL    OF TEXAS
    AUSTIN
    Kr. Don D. Fsrker
    County Auditor
    Ellstlan~C.sunty
    Eastland, Texas
    Dear Sir:             OPi
    OP
    R%:
    ae
    qtl%stlon
    provisions of
    rds would the operating expenses
    d bospltal be bandl‘edin keeping
    of Artlcrle4484 -Rewwls   Re-
    8 of 19253"
    &ticle 4434, 4404, and 4492 R?vFsed Civil Sta-
    tutes, read as follatnrs:
    wfirtlele4434. The municipal authorities of
    towns and cities, and Commissianers Courts af the
    aounties wherein su-shtowns aud cities are situ-
    ated, may cooperate with eacphother in laaJdng
    such improvements aonnected tith said terns, sit-
    ies end counties ab said authorities and 00kWtS
    3.   +n   D. Farker, &g   12, 1939, Pqe   2
    my  deem necessary to improve the public health
    ena tcrpromote efficient sanitary regulations;
    and, by mutual arrangement, they may provlde
    for the construction of said Improvements and
    the payment thtirefor.
    "Article 4464. The Board or !Aanagersshall
    keep in a book provided foi that purpose a proper
    record of its proceediugs, which shall be open at
    all times to the iuspeotion or its tuembers,t0
    the members or the ComrmlssionarsCourt and to any
    oitizen or the 00uatj. 'fbeBoardshalloertlfy
    all bills and aoaounts, lnoludlng salaries and
    wages, and transmit them to the Oomlseioners'
    Court, who shall provide ior their paymemt'ln the
    samemnmras     other oharges agalnsttheoounty
    are paid.
    'The Board or yanagere shallmkethe&m8ls-
    sloners Court annually, aa at suah timas as uald
    oourt shall dlraet, a detailed report of the oper-
    ation tirthe hospital dlspenwrles aud sohool dur-
    lng the year, aho*    the nmpbsr 0r patients re:
    oeirsd and th8 methods and result oithelrtkeat-
    mnt, together‘dth sPitable rwommldatiow      aw
    8uah other matter a8 may be re+lred 0r them, and
    shdL1inrnishiduanddetailedestiprafasorthe
    epproprlationsrequlred durlngthe aw~
    r0r au purpo8ei3,lnolud%ngolaintename,~e     ereo-
    tlon or bulldlngs,repairs,renewals, eatewlons,
    baproveaents, betterments or other neaessaq pur-
    poees.
    lArtiele 4492. Any colmlesloIu?m3cmlrt may
    eooperate tith and doti the pkoper authorities of
    any city having a population or 10,000 persons or
    more lntha establishment, bu.lldIn&equlpmemtaad
    a~lntenanoe of the hospital in,sald oity, and to
    appropriate suoh funds as may be det%nnlned by
    spit3e~urt, after joint eonferenoe with the auth-
    orities or said aity or town, and the mBDBgmt
    of such hospital shall be under the joint oontrol
    of such court and aity authorities."
    Under hrtiale 
    4492, supra
    , the ~anagQppnrtand Bon-
    trol of hospitals operated Jointly by a city 8nd oouuty 2s
    Xr; Don D. Parker, Ehy 12, 1939, Page 3
    vested in the municipal and county authorities jointly.
    The hospitel muy not in a paper sense of the word be con-
    sidered a oounty hospital and therefore it is not necessary
    that the Comalssioners Court appoint o Board of &msgers .as
    required by Lrtiale 4479 for county hospitals to direct the
    sfiairs of such insti~tutlons.
    In the case of Clnsscock et al, vs. Wells, et al,
    171 S. yi.W2, the court of Civil Appeals of Tererkma, iri
    ruling upon a slmllsr question ruled es rollows:
    *It la as plain, we think, that the Atken
    iioapltalIn the Wty or Paris, operated b3 la-
    mar Connty and aald oity on thelr Joint aoaount,
    *aa'notaeountyhoapltal,rithla         tbemeanlng
    or.the pn3vlaiona 0r the Act requlrlng the Cara-
    miaalonera CmrttoappolntaBoard          0fHaaagera.
    Aalde r-the        raot *at b, .the terns 0r the
    gift or the property to aEJd.elty lt waa to be
    amage& and ooatrolled by the aity alone, it
    seems alear, i'romthe provlalon ln aeetlon 14 of
    theAettbatth4        Legislature dldnotoonMplete
    thatiiBoardoi2ianageraalmuld        be.appolnteCtor
    8hoapltdlaoope1~3ting.        Theprovi.afonrererx%d
    to latheouo      dealerlag thatthemerqementora
    hoapltol operated b* a aounty and the.olty-thera-
    lnherinsapoptllatj on 0r 10,000.peraozie+a the
    alty of Per18 had ahonld be under the joint.eOrr-
    z&or      auoh coraisalonera Court and alty authm
    An attempt te plaoe this hoapitel abler
    the o&ml       or a Board 0r Menegera appoInted r0r
    the purppaewould notanlpbe nnauthorlzed by
    the.Aet;.but~would be in faoe,or the provisions
    thereat apealried, direotly to the oontrary."
    On July 6, 1936, this Departaent held in an opln-
    Ion written by Eon. Joe J. Alsup, Assietant Attorney Oenerd,
    addressed to Mr. J. R. Jones, County Auditor, biohlte Falla,
    Texea, that a oounty-eity hospital should not be operated
    under a Board of k%megers but ame should be under the d.I-
    rect a~p8rvisi0n    of the county and city SUthoritbS.
    mtiole 
    4484, supra
    , applies only to county hos-
    pitals and has no appllaation as to city-county hospitals.
    Xr. Don D. Parker, I&y 12, 1939, Page 4
    You are respectfully advised that it is the
    opinion of this Department *hat Article 4484 Eevlsed
    Civil Statutes noes not Govern the managezient,control
    and operation of a city-county hospital, but the manage-
    ment, control and operation of such hospitals operated
    jointly by a city and aounty is vested in the municipal
    and aounty authorities jointly, and by mutual agreement
    they my provide ror the management, control and opera-
    tion of such hospitals and prescribe the moae and manner
    in which the operating expenee 'ofa jointly owned hos-
    .pitalshould be handled and paid and provide ror the
    keeping of proper reoords of all its prweedlngs and re-
    qulre a dlrwit and a detailed report Of the OpOratlOQ Of
    such hospital irolsthe party or partlee operating t&a
    hospital together with sultdble reoolmendations and saoh
    other matters as may be required or t&em.
    Trnatiog   that   the   r0ngoir;e   snauere y0nr ln-
    @rp.    'IICI
    reaaln
    Yours very truly,
    ATTm-             em !rxAs
    A111:
    jm
    

Document Info

Docket Number: O-775

Judges: Gerald Mann

Filed Date: 7/2/1939

Precedential Status: Precedential

Modified Date: 2/18/2017