Untitled Texas Attorney General Opinion ( 1957 )

EY GENERAL
OF?i%XAS
Mar& 8, 1957.
Ronorable Warren 0. Tabor
County Attorney
Hockley County
Levelland, Texas OPINION NO. (WW-54)
RE: Creation of Special
Hospital District by
Commissioners' Court
Dear Sir: within Hockley County.
Your request for an opinion relates to the authority of
the Commissioners' Court of Hockley County to create a Special
Hospital District within the county.
The Texas courts have repeatedly held that the Commiss-
ionersn Court is a court of limited jurisdiction and can only
exercise such powers as are authorized by the Constitution and
statutes of this State, either by express terms or by necessary
implication. Sec. 18, Art. V, Tex. Const; Bland v. Orr, 90 Tex.
492; 39 S.W. 558 (1887); Childress County v. State, 127 Tex.
343; 92 S.W.2d, 1011 (1936); El Paso County v. Elam, 106 S.W.2d,
393 (Tex. Civ.App. 1937).
Attorney General's Opinion R-1507 (1948), a copy of
which is enclosed, holds that the County Commissioners' Court of
Bexar County is not authorized to create a Hospital or Health
District covering the geographical limits of Bexar County. Sub-
sequent to the release of this opinion, the Constitution of
' Texas was amended so as to authorize the creation of county-wide
hospital districts in counties having a populat;:; i; e;;;ss of
190,000 inhabitants and in Galveston County. . , * Ix,
Tex. Const.
The foregoing Constitutional provision only authorizes
the establishment of county-wide hospital districts in Galveston
County and in those counties having a population in excess of
190,000 inhabitants; moreover, there Is no Constitutional or
statutory provision that would authorize the creation of a Spec-
ial Hospital District in part of Hockley County or any other
County in this State. Therefore, it is our opinion that Hockley
County does not have authority to establish a Special Hospital
District.
Honorable Warren 0. Tabor, Page 2, mr-541
SUMMARY
The Commissioners' Court is a court of
limited jurisdiction and is not authorized by
the Constitution or statutes of this State,
either expressly or by~necessary implication,
to create a Special Hospital District within
Hockley County.
Yours very truly,
WILL WILSON
Attorney General
By B' h+* -,+
B. A. Timmins, Jr.
Assistant Attorney General
BHT:jl
Enclosure
APPROVED:
OPINION COMMITTEE
H. Grady Chandler
Chairman