Untitled Texas Attorney General Opinion ( 1965 )

NEY GENE
EXAS
January 25, 1965
Honorable Ward W. Markley Opinion NO. O-380
County Attorney
Jasper County Re: Whether or not the Cods-
Courthouse slbners Court of Jasper
Jasper, Texas County has the authority
to call an election to
abolish Jasper Hospital
District which was created
pursuant to Article &&g&q-9,
V.C.S., and related ques-
Dear Mr. Markley: tions.
Your letter requesting the opinion of this office states
the following facts:
"The 58th Legislature by Acts of 1963, passed
Article &#kq-9 'Jasper Hospital District.' Under
this Article, and pursuant to Sec. 9 of Article IX
Constitution of the State of Texas, the Jasper Hos-
pital District was created consisting of boundaries
coinciding with Commissioners Precincts No.1 and
No.2.
"The election was had creating the district and
levying the taxes not to exceed 75# on the hundred
dollar valuation.
"The Commissioners' Court of Jasper County has
been petitioned to call an election to abolish the
hospital district."
After stating the above facts you ask our opinion upon
two questions which may be paraphrased as follows:
1. Does the Commissioners1 Court of Jasper County
have the authority to call an election to abolish
the Jasper Hospital District?
2. Does either of the commissioner's precincts which
comprise the Jasper Hospital District have the right
to hold an election to withdraw from such district?
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Honorable Ward W. Markley, page 2 (c-380
)
It Is basic to our chosen form of government that the
people of this State have no right to vote or hold an election
in the absence of some statutory or constitutional provision
which provides therefor. Smith v. Morton Independent School
District, a5 s.w.2~ a53 (‘l’ex.Clv.App. 1933 , error di .
Trustees of Independent School District v. Elbon, 22;ms.;. 1039
(Tex.Clv.App. 1920). This prinoiple is perhaps best stated in
the following language from Countz v. Mitchell, 120 Tex. 324,
38 S.W.29 770 (1931) at page 774:
“It Is Immaterial that there was a full and
fair expression of the voters of the proposed die-
trlct, as there can be no valid election If the
same has not been called by lawful authority. The
rule on,thle question Is thus stated in Cyc. vol. 15,
p. 317:' ‘There can be no valid election without some
lawful authority behind it. The right to hold an
election cannot exist or be lawfully exercised wlth-
out express grant of Dower by the Constitution or
Legislature. I”
We have carefully examined the provisions of Article
449&q-9 of Vernon’s Civil Statutes and Section 9 of Article IX
of the Texas Constitution and we do not find therein any auth-
ority for an election to abolish the Jaeper Hospital District
or for an election for the withdrawal of either of the commis-
sionera precincts which comprise such district. Nor do we find
any general statutory or constitutional provision which would
authorize such an election. Therefore, under the authorities
cited above, you are hereby advieed that in our opinion both
of your questions must b,e answered in the negative.
SUMMARY
The Commissioners Court of Jasper County
has no authority to call an election to
abolish the Jasper Hospital District
established pursuant to Article 4494q-9,
V.C.S. and Section 9 of Article IX, Texas
Constitution; nor does either of the com-
missionera precincts which comprise such
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Honorable Ward W. Markley, Page 3. (c-380
)
district have the authority to hold an
election to withdraw from such district.
Very truly yours,
WAGGONER CARR
Attorney General
WOS:ml
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Malcolm L. Quick
J. C. Davis
Mary K. Wall
John Reeves
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone
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