Untitled Texas Attorney General Opinion ( 1948 )

AUliillN ;a. -
PRICE DANIEL
ATTOlwEY GEXERAI.
March ll’, 1948
Hon. Jamss C. ‘Martin Opinion No. V-518
County Attorney
County. of Nueces ‘Re: Auth6rlty to purchase
Corpus Christi, Texas and operate a County
Tubercular, Hospital
from current fUnas.
Attention: Hon. Faire8 P. Wade
Dear s*r:
Your request for an opinion of’thla Depart-
ment.relatlng to the establishment of a County Tubarcu-
lar Hospital la aubsttintlally aa foll~wgf
“I have baea ,eqursfsd by the County
Judge of l’iuecea county, Texas, for an opln-
ion with regard to the authority of the Com-
misaloner.9~ Court to purchase and operate
a County Tubercular Hospital ant2 pay all
costs out or. current fundd.
I
“First, ‘is it necesfiry that an elec-
tion be held to authorize the eritabliabnient’
of~such a hoapltal where it Is not ‘necessary
to Issue. b6+ds -for financing the operation?
Second, can the Court appoint a Board of
Managers for stia$ hospital?
Arti& 4478, V. C. S.; reads, ih park, .a8 fol-
1oVs:
“The commissioner8 court of any county
shall have power to eatabllah a county hos-
pital an& to enlarge any existing hospitals
for the c&re an&treatment of persons suffer-
ing Prom any lllneps, disease or injury, sub-
ject to the provisions of.thls chapter. . .
This DepartmenLln codatruing the foregoing
statute held that unqualified general power is conferred
upon the Commiaslonerst Court to eatabliah asd to en-
large hospitals for,county purposee,.although bonds are
Hon. James C. Martin, page 2 (v-518)
not Issued or contemplated as provided under other Arti-
cles of the Title. Opinions Nos. O-4569 and O-6433.
Article 4493, V. C. S., is as follows:
“Where no county hospital Is now pro-
vided for the purpose aforasald, or where
such provision: Is inadequate, the commis-
slonera dourt of each aounty which may have
a. city with a population of more than, ten
thousand persons, withln alx months frog the
time when such citg:shall have attazlsed such
population, such population to be akertaln-
ed by such court in anoh manuer as may be de-
termined upon resolution thereof, shall pro-
vide for the erection of such county hoapl-
tal or hoapltals as may be necessary for that
purpose, and provide therein a room or rooms,
OF wsrd or wards for the care of confinement
ci8e8, and a room or rooms or ward or wards
for tha temporary care of persons suffering
Board of Health for good cause shown. &
jees rde’auate funds for the buildinn of
said hoen&tal can.be derived from current
funds Of the county available for such DLW-
a,~ issuance of county warrants and script,
the cbmmiasionera court shall submit, either
at a special election called for the purpose,
or at a regulars election, the ‘proposition of
the issuance of county bonds for the purpose
of bulldipg such hoapltal. If the proposl-
tLon shall fail to receive-a *joPity vote
at such election said ~court may be reqtir-
ed thereafter at intervals of not lees than
twelve months, upon petition of te’n per cent
of the qualified voters of said coiinty, to
submit said proposition until same shall re-
ceive the requisite vote,,authoMting the ls-
suance of the bonds. Id. (Emphasis ours)
In the case of 03lmpse v. Bexar County, 160
9. W. (26) 996, the cou& cited with approval Artlole
Hon. James C. Martin, page 3 (V-518) “‘,
4493, stating:
“The order for the band election was
passe& by :the E+mmW Count; CommissIonera
Court under tiuthoritg of 1 rt~lcle 4493, a
$aM ot,Chepeor 5, T&tile 71, Vernoriss Ann.
iv, Stats., vhlch is set .out ,in. the mar-
&l.
“th28 ordeFis necesearlly baaed up-
on a iin4ing that the then existing hos-
pital faciXitiea ~f?F the treakqnt of
tubezWSlos%a patZen,ta we=, ~Qaad~uate. ”
AXthough dertaln portions of the Act (Acts
1913 3 rd Leg., Chapter 39, p. 71) which is now Arti-
cle 447ifi et aeq. appear vague, nevertheless the same
baa been’approvsb &ad followed in Glimpse v. Dexar
County, anpra, It ir the opi+kn of thla Department
that the provisiona oq the Act are sufficiently broad
In bcope to furnlrh authority for Nuecea County to es-
tablish a Tbberbuhr &a ltal, pr@?lded the saw is In
compliance with &tiole 1 493. Xnaaauch aa rour opinion
request refleqts f&e establishment of such a ,hospltal
from current funda, the costs far the purohaae would nec-
essarily come from the Permanent Improvement Fund, and
kh&coa& of the operation and maintenance from the Oen-
.
Your first question Is answered In the nega-
tive inasmuch as Article 4493, V. C. S., authorizes the
establishment of a Tubercular Hospital provided adequate
funds’ may be derived from aurrent funds and such a flnd-
ing la left to the sole discretion of the Commissioners
Court as to the adequacy of buoh funds.
Article 4479, V. C. S., provides, in part, as
f ollowat
*When the aommlaaloners~ court shall
have: acquired a i&te for such hospital and
.&a&l have aw$Med ctentraata for the net*
amtry btildlngs .arxl IWproyements t&W?een,
it. shall .appMnt 8% neaPdent propeMg t&S-
gaylag citizens of Chre county who ahall aon-
atltutr a boaF8 of manager8 of oald horpitalr
The termof offlae of each *e&er of said
board !.shall be two pears, eXeept tbat in
maklng the fimt appoiritmente after thls Act
Hon. James C. Martin, page 4 (V-518)
.
takes, effectthree members shall be appolnt-
ed for one year and three members for two
years ao that thereafter three members of
said’ioard will be appointed every two years
. . .
Under the above statute your second quest$on
la ansvered In the affirmative. The appointment of a
Board of Managers should be In oompliance with the pro-
vision8 of Article 4479, V. C. 9.
SUMMARY
If the conditions of Article 4493,
V. 0. S;, are met, Rueoes County ie auth-
orised to purchase and operate a County
‘ihberoular Hospital from ourrens funds,
the necessity for the eatabllahment there-
of and the adequacy of funds to be Ueter-
mined by the Commisslonera`` Court. Pur-
sqant to Artlo&e 4479, V. C. S., a, Roar8
of Managers for such hos’pital mtly be ap-
poInted. Articles 4478 and 4493, V.. C.
S.; Oll&ae v. Bexar County,160 Si W. ,(Rd)
996.
Yours 6*er$truly,
A%9!ORIWX’dElyERALOF’TRiCAS
Bwmr
BS
Assistant
APPROV&:
ziIk&%s&
ATTCRREYI3ERRRAL
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