Untitled Texas Attorney General Opinion ( 1984 )

.
The Attorney General of Texas
MAYTOX Docembat 21. 1984
* nay QenOf8l
Eonorablc Ed &ward Oplnioo No. JM-258 .
chairman
Sub-comittec on No=inrltiona Re: methar a ho*pital district
Texas State Senate created bg,chaptar 298. Acta 1963,
P. 0. Box L2068, Capi’rol Station Fifty-eighth Legialatura,
Austin. Texaa 78711 laaac a portion of it4 phyaiz:
plant to private physiciana
Id. TX. 752024525
Dear Senator Howard:
n424B44
The Titus Counly Hospital Diatrlct is. a county-wide hospital
!wAlbwa AW., Suit. 150 district created by chapter 298. Acta 1963, of the Fifty-eighth
PSSO, TX. 79BOS2793 Legislature. under authority of article IX. section 9 of the Texas
5 Xk34B4 Conaritution. You r,ak whether this hospital district may lease a
portion of its phyalcrl plant to private physicians for a term of leas
31 Trr*r. wte 700
than one year, provtded lease revenue4 are paid to the hoapital*a
ton. TX. 77002.3111 general operating fund. Ftom your question, ve asaume that the
3 5B55 physicians would be !.easlng the facilftiea for offices in which to
engage in .the private prsctice of mediclna. It la our opinion that
the Titui County IMpit Dlatrict lacka authority to leaae Its
I Srordway. Suite 312
L ccl TX. 754014470
facilities for that I~urpoae.
M47-5225
A hospital district derive6 it6 power from the constitution and
the act creating the district. See Attorney General Opinion n-171
Y N. Tenth. Suite B
c*llen. TX. 7aw1.lw5
(1967). A special pw:poae diatric~y “exarci nly the pmers that
:2aB24547 are expressly deleg#lted to it by the Legislat or which exist by
XI Maln flue. Bull. 4W
.I mtonlo. TX. 752053757
1 2254191
purpoa~” for which the district la created and that powers vhlch are
not upreaaed and are “merely eonvanient or uaeful” may not be
conducted by the district. -ld. at 947.
Article IX, aecclon 9 of the constitution provides, in pare:
Sec. 9. The Legislature may by law provide for
the crea tlcnt establishment, maintenance and
operation cf hospital districts composed of one or
more coun~Les or all or any part of one or more
counties with povar to issue bonds for tha
purchase, -construction. acquisition, repair or
renovatlol~ of buildings and improvement4 and
p. 1148
Nonotable Cd Howard - Page 2 (JH-258)
\
equipping same, for~hoapital purposes; providing
for the transfer to the hoaoltsl district of the
title to any land, build&, improvemLa and
equipment located vholly within the district vhich
may be jointly or r~eparately owned by any city,
Con! or county, prcwiding that any diarricr so
created shall assume full responsibiliLy for
providing medical ax;1 hospital care for ice needy
i inhabltan~a and. . .-. (Emphasis added).
As originally enacted and subsequently amended, chapter 298, Acts
1963, Fifth-eighth Legislature, in pertinent part, provides:
SecUou 1. -- In accordance with the provisiona
of Article IX, Seciion 9, Constitution of the
Stare of Texas, thi!L Act shall be operative so as
(0 authorize the creation, establishment, maln-
renance and operation of a Hospital District
vithin rhe State of Texas, to be known as Titus
County Hospital District, and the boundaries of
said District aha:;I. be cosrrensive with the
boundaries of Titus County (hereinafter referred
to as the ‘County’)!, and said District shall have
the powers and res``onsibiliries provided by the
aforesaid Constituri&al provision.
Sec. 2. That said District hereby provided for
shall assume full ?esponaibility for providing
medlcal and hoapitai care for the needy residing
within the Diarrict.-. . .
. . , .
lc. 14. Neith@!r the County nor any city
c# eln shall. aftl!:r rhe Hospital District has
been organized in pursuance of this Act, levy any
tax for hospital purposes; and such Hospiral
District shall ,be deemed to have assumed full
responsibiliry for ‘ihe furnishing of medical and
hospital care for eGe needy and indigent persons
residing In said Hc~pital District from rhe date
that taxes are Fallected for the Hospital
District. (Emphasis: added).
The Titus County Hospit:ll. District is expressly authclrired and
directed by article IX, secciisr~ 9 of the ccnscituciw and the enabling
statute to acquire and manage physical plant facilities for hospital
purposes and to provide medical and hospital care for the needy
residing in the district. Im~ll.ied powers of the district must further
the purposes for which the (district is created, namely. hospital
purposes and medical care of needy inhabitants.
p. 1149
Ronorsbls Ed Howard - Page 3 (JH-258)
Us concluds that ths Titur County liospital District derives from
the constitution and enabling atstuts no express or implisd pwer to
lease on any terms s portion of its hospital property for use se
private offices for private physicians. This off Ice previously
concluded that svss when a comty had statutory .autbority to Isass a
county hospital to be opsrat,cd as s hospital, ths county did not
thereby acquire authority to 11!ass portions of Its hospital for use 88
private medical offices. see Lttornsy General Opinion g-16 (1973).
See also Attorney Censralj,:!nion H-31 (1973). Cf. Sullivan v.
Andrws County, 517 S.W.2d 410 (Tu. Civ. App. - tl-%so 1974, vrit
rsf’d n.r.s.1 (express ata tutory suthority to lease medical
facilities). But dst Oak L,wn Preservation Society v. Board of
Managers of Dallas County Roap:ii:al District, 566 S.W.Zd 315. 317 (TsX.
civ. App. - Dallas 1978, vrit :;!f’d n.r.e.) (validity of lsass betveen
hospital district and county fqxr uas of former hospital as jail not an
issue determined on appeal); Attorney General Opinion M-912 (1971)
(hospital district vlth author.lty to contract vith private hospital
and doctors for laboratory testing to be performed vlth hospital
laboratory equipment). Whsrc!es laboratory testing ,is a hospital
function, offices for the private practice of medicine are not
“hospital purposes” or the prwision of “medical or hospital cars for
the needy .”
The povers of the hospit.a.1 district in question are measured by
the terms of article IX, set tion 9 and chapter 298, of the Plfty-
eighth Legislature. which cwatsd the district. neither of vhlch
contains an sxpress or implied grant of authority to lsass hospital
fscilitles for use as l nythirla, other than hospital purposes and the
provision of medical hospital cars for its needy inhabitants.
2-U M M A R Y
The Titus County Hospital District has neither
sxprsss nor implied authority to lease part of It:
physical plant to private physicians for use as
private medical offices.
JIM MATTOX
Attorney General of Texas
TOMGREEN
First Assistant Attorney Gene::al
DAVID R. RICHARDS
Executive Assistant Attorney I:ti?nsral