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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