Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
December 13. 1904
IMMATTOX
Attorney General
SupremeCourt BuIldhO Honorable D. R. “Tom” Uher Opinion No. JM-245
p. 0. BOX 12545 Chairman
.ustln. TX. 75711.2549 Regiona, Compacts & I:istricts Re: Uhether the Sweeny Rospltal
12l4752501 Committee District may change its jurisdic-
Telex 910/574-1357
Texss House of Reprel,entatives tional boundaries
Telecopier 512f47MZSS
P. 0. Box 2910
Austin, Texas 78765’
714 Jackson. SuIta 700
rlallas, TX. 75202e.05 Dear Representative Uher:
:141142-5944
You ask whether the Sweeny Eospital District may change its
4S24 Alberta Ave., Suite 160 territorial boundariccl to coincide with the newly expanded boundaries
3 Paso. TX. 79905-2793 of the Sweeny Indel~endent School District. We conclude that the
llY5334484 legislature has not authorized an expansion of the Sweeny Hospital
District.
Texas. SuiIe 700
4ourton. TX. 77002-3111 The creation of the Sweeny Roapital District IS authorized by the
71312236SS5 legislature in accortlence with the provisions of article IX, section 9
of the Texas Constitution “with boundaries coextensive with the
boundaries of the Swceny Independent School District.” Acts 1963.
306 Broadway, Suite 312
58th Leg., ch. 135, )I, at 361. Section 2 of that act provides that
Lubbock, TX. 79101-3479
805/747-5238 the hospital district shall not be created nor shall a tax be
authorized until the creation and tax are approved by a majority of
the qualified property taxpaying electors of the district voting in an
4302 N. Tenth. SuiIe S election called for #uch purpose.
McAllen. TX. 78501.1655
512lS52.4547
Article IX, secl:.lon 9 of the constitution provides:
200 Main Plaza. Suite 400 Sec. 9. The Legislature may by law provide for
San Antonio. TX. 782062797 the creation. establishment, maintenance and
51212254191
operation I-[ hospital districts composed of one or
more counties or all or any Dsrt of one or more
An Equal OppOrtUnitYI counties ,r:Lth power to issue bonds for the
Alfirmatlve AcUon Employer purchase, construction, acquisition, repair or
renovation of buildings and improvements and - ’
equipping same, for hospital purposes; providing
for the tz,ansfer to the hospital district of the
title to any land, buildings, improvements and
equipment located wholly vithin the district which
may be jo:lntly or separately owned by any city,
tom or county, providing that any district so
p. 1098
Ronorable D.R. “Tom” Dher - Page 2 (m-245)
created shall asmme full responsibility for
providing medical md hospital care for its needy
inhabitants and assume the outstanding
indebtedness incu::red by cities, towns and
counties for hospital purposes prior to the
creation of the i,istrict. if same are located
wholly within its boundaries, and a pro rata
portioo of such iodebtedneas based upon the then
last approved tax sssessment rolls of the included
cities, touns and counties if less than all the
territory thereof :Ls included within the district
boundaries; provid:Lng that after its creation no
other municipality or political subdivision shall
have the power to levy taxes or issue bonds or
other obligations :Cor hospital purposes or for
providing medical care within the boundaries of
the district; pror:lding for the levy of annual
taxes at a rate not to exceed seventy-five cents
(75~) on the One lfundred Dollar valuation of all
taxable property within such district for the
purpose of meetkg the requirements of the
district’s bonds, t:he indebtedness assumed by it
and its mainterumce and operating expenses,
providing that such district shall not be created
or such tax aut~orired unless approved by a
mejority of the qualif fed property taxpaying
electors thereof voting at an election called for
anir providing further thet the
wsupport an maintenance of the dintrict’s hospital
system shall never become a charge against or
obligation of the State of Texas nor shall any
direct appropriat:Lon be made by the Legislature
for the constructiona, maintenance or improvement
of any of the facilities of such district.
Provided, however, that no district shall be
created except by act of the Legislature and then
only after thirty’:30) days’ public notice to the
district affectecb, and In no event may the
Legislature provil@ for a district to be created
without the affir@ive vote of a majority of the
taxpaying voters- in the district concerned.
?Rmphasis added).
A hospital district la created by a statute which specifies ito
boundaries. The legislature by reference adopted the boundaries of
the Sveeny Independent School District as the boundaries of the Swerny
Hospital District. It is a well settled rule of stetutory construc-
tion that
p. 1099
Honorable D.R. “Tom” Uher - Pa,ge 3 (JM-245)
[a] statute of specl.fic reference incorporates the
provisions referred to from the statute as of the
tima of adoption without subsequent amendments.
unless the legislature has expressly or by strong
implication shown its intention to incorporate
subsequent amendments with the statute.
St. Paul Mercury Insurance Co: v. Billiot, 342 S.W.2d 161, 163 (Tex.
Civ. App. - Beaumont 1960. vrdtref’
d).ee also Trimmier v. Carlton.
296 S.W. 1070. 1074 (Tex. 1927). An analogous situation exists where
the legislature adopts boundaUes for a hospital district by reference
to the specific boundaries of an independent school district.
It is our opinion that the adoption of the boundaries of the
Sweeny Hospital District coexl.ensive with the boundaries of the Sweeny
Independent School District constitutes an adoption of the school
district boundaries as they existed at the time that the creation of
the hospital district was aut’>orized by the enactment of chapter 135,
Acts 1963 of the Fifty-eighth Legislature. We find no expression of
legislative intent that chapter 135 adopted the boundaries of the
school district as they then existed and as they might later be
expanded by the school distrkt. We do not address any constitutional
questions that may arise if th.e legislature provided for the creation
of a district without fixed ‘>oundaries except to caution that the
constitution prohibits the c:reation of a district “without the
affirmative vote of a majority of the taxpaying voters in the district
concerned .”
Article IX, section 9 of the constitution does not prohibit the
legislature from authorizing the expansion of the boundaries of a
hospital district that is alrc!o;dy created. Stamford Hospital District
v. Vinson. 517 S.W.2d 358 (Te:c. Civ. App. - Eastland 1974. writ ref’d
n.r.e.). However, the powerzs of a hospital district are expressly
provided or necessarily imp:l:.ed by the constitution and the act
creating the district. See Attorney General Opinion M-171 (1967).
.The original enactment and subsequent amendments to chapter 135
contain no authority to change the Sweeny Hospital District’s
boundaries, no provision fol, conducting an election at which the
property taxpaying electors within a proposed expanded district would
be given an opportunity to aplbz’ove the expansion of the boundaries and
the levy of a tax on all the taxable property vithin the expanded
boundaries, and no provision for the assumption of the indebtedness of
the original district by the district as enlarged. See. e.g., Acts
1973, 63rd Leg., ch. 563, fOla, 3a. at 1567, 1569 (authorizing the
expansion of the Stamford Hoslkital District and prescribing procedures
for the approval election).
p. 1100
Honorable D.R. "Tom" Uher - Page 4 (JM-245)
The legislature has not authorized an expansion
of the territorial boundariee of the Sweeny
Roepital Dietrict. The hospital district may not
change its bound.eries without legislative
authority.
JG;h
JIM
Attorney General of Texas
TOMGREEN
First Assistant Attorney General
DAVID R. RICRAFDS
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Coauaittee
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED:
OPINIONCOMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Woellinger
Jennifer Riggs
Nancy Sutton
p. 1101