Untitled Texas Attorney General Opinion ( 1961 )

Honorable Sim W. Goodall
County Attorney, Hall County
County Courthouse
Memphis, Texas Opinion No. W-1113
Re: Authority of Commis-
sioners Court to purchase
existing hospital facili-
ties for use as a
county hospital; autho-
rity of Commissioners
Court to employ counsel;
authority for the
creation of a hospital
district in Hall
Dear Mr. Goodall: County.
Your letter of July 12, 1961, requests our
opinion on the following six questions.
"#l. Is the commissioners court
authorized to purchase existing
hospital facilities with the pro-
ceeds from the sale of the hospital
bonds?
"#2. Is the commissioners court
authorized to employ an attorney
at the rate of $20.00 per hour to
Investigate the problems with regard
to the construction of a County
Hospital and to advise the court on
legal issues? This legal fee to be
paid by the county.
“#4. Is it practical or legally
possible to establish a hospital
district within the boundaries of
this county this year?
Honorable Sim W. Goodall, page 2 (WW-1113)
"#5. May the commissioners court
delay the construction of a county
hospital until such time as a hospital
district is established?
"#6. Are the tax consequences and
other facts stated in the inclosed
FINANCIAL ANALYSIS prepared by the
attorney employed by three of the
commissioners correct?"
The powers of Commissioners Courts in regard to
county hospitals are found in Article 4478, Vernon's Civil
Statutes. Expltcit power to "purchase or erect all neces-
sary buildings, as is set out in that article, seems to
us the clearest of authority for the purchase of existing
hospital facilities.
In answer to your second question, we are of the
opinion that the employment of an attorney in this Instance
was authorized. While a Commissioners~court may not retain
an attorney for general legal services, it may employ an
attorney for service in a particular matter that is of
unusual public importance. Attorney General's Opinions Nos.
O-7474 (1946), O-4995 (1942 ; O,-1372'(1939);Gibson v. Davis,
236 S.W. 202 (civ.App. 1921 I; 15 Tex.Jur.2d 277, Counties,
Sec. 48.
Fees for such legal services should be paid from
the county's General Fund. Attorney General's Opinions Nos.
O-4955, O-1372.
Your fourth and fifth questions relate to the
establishment of a hospital district in-Hall County. Accord-
ing to the United States Census of 1960, Hall County's popu-
lation Is 7,322. Legislation permitting the creation of
hospital districts does not apply to counties with a popula-
tion of less than 190,000, other than Galveston County.
Article '4494n,Vernon's Civil Statutes; Texas Constitution,
Article IX, Section 4. Although special provisions for the
establishment of hospital districts in certain specified
counties have been enacted in recent years, Hall County is not
one of those so favored. Texas Constitution, Article IX,
Sections 5, 6, 7 and 8.
Your sixth question is not within our province.
This office is authorized to render opinions on questions of
law only.
-. -
Honorable Sim W. Goodall, page 3 (WW-1113)
SUMMARY
The Commissioners Court of Hall
County is authorized to purchase
existing hospital facilities for
use as a county hospital; and to
employ an attorney for the
special purpose of advising the
Court in regard to legal matters
relative to the construction of
such county hospital. Fees for
such legal services should be
paid from the county's General
Fund. No authority exists for
the creation of a hospital district
in Hall County.
Yours very truly,
WILL WILSON
Attorney General of Texas
GH:lgh BY
Gilbert Hargrave
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Pat Bailey
Howard Mays
Jack N. Price
Dudley McCalla
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.