Untitled Texas Attorney General Opinion ( 1946 )

E OIZNEY GENERAL
OFTEXAS
Bnmreble c. I<.Ford
county Attorney
San Saba County
ssn Sabs, Texas
Dear sir: op-i,nion
o-y4F,i:
IS!: Establishmentof hospital
by precinct
We have receivedyour letterof October6, 1946,which we quote, in
part, as follows:
"The Commissioner'sCourt and CountyJudge oi‘this
countyhas requestedthat I send you my opinionon the
questionof a precinctof ttiiscountyestablishing,
equiping,maintaining,and operatinga hospjtzl
thr::u&a vote on bonds and a tax for such purposes;
and ask that you Give me EI~opinionon the matter."
"The ayin:;voters of a county may petitionsuch court t3
:~rov',9e
?or the establishingor enlargingof a county
hospital,in which event said courtwithin the time
4esi~wte.5in such petitionshall submit to such voters
at a specialor regularelectionthe proposition of
Issuingbonds in such aggregateamount as may be
desisated in said petitionfor the establishing01
er,largIngof such hospital. Wheneverany such
propositionshall receivee majorityof the voters cf
t2e qualifiedpropertytax payers voting at such election,
said commissionerscourt shall establishand maintain
such hospitaland shell have the following2owers:
7,
. . .
Hon. C. K. Ford - page #2 O-7458
"4. To issue countybonds to providefunds for the establishing,
enlargingand equippingof said hospitaland for all other
necessarypermanentimprovementsin connectiontherewith;
to do all other things that may be requiredby law in order
to rendersaid bonds valid.
* . . .* (Emphasisadded)
It is evidentthat if this articleauthorizesthe establishmentof
a hospitaland the issuanceof hospitalbonds by a precinctof the
county,then the word "county"includes"precinct."However,we
believe it obviousthat this was not the legislativeintent.
It is well-settledthat the power to issuenegotiablebonds is
beyond the scope of power of a municipalcorporationunless it
is speciallygrantedby law, and that any doubt as to such power
will be resolvedagainst its existence. City of Brenhamv.
GermanAmericanBank, 144 U.S. 173, 549; Peck v. City of
Hempstead,65 S. W. 653; 30 Tex. Jur. 402.
In the case of Eellv. Pulte, 10 9. W. (2d) 694 (Corn.
App.), the
court had the followingto say:
*The power to issue negotiablepaper for public improvements,
or for money borrowedfor the purposeof acquiringsuch
improvements,is a power which is regardedas being beyond
the scope of power of the governingbody of a city or county
unless it be speciallygranted. This extraordinarypower,
when granted,can be exercisedonly in the mode and for the
purposesspecifiedin the grant. Foster v. City of Waco,
113 Tex. 354, 255 S.W. 1104."
It is clear, upon a readingof Article 4478, et seq., and the original
act as passeaby the Legislaturein 1913 (Acts 33rd Leg. Ch. 39), that
only a county-wideapplicationwas intended. Nowhere in the act is a
precinctauthorizedor empoweredto establisha hospital.
It will be noted that in Article 752a, Vernon'sAnnotatedTexas Statutes,
authorizingthe issuanceof road bonds.,the words "county,or any
politicalsubdivisionof a county"are used. If "county'includedits
politicalsubdivisions, then the inclusionof "or any political
subdivisionsof a county"would have been pointless. We hold, however,
that the politicalsubdivisionwould not have had that power without
the specificauthorization.The authoritiescited above amply support
this concltiion.
. . ,I
Hon. C. K. Ford - page #3 O-7458
You are advised,therefore,that Article 4478, authorizingcounties
to establish,etc., a countyhospitaland to issue countybonds for the
establishment,enlargement, and equipmentof said countyhospital,
has no applicationto a precinctof the county as such, and that the
precinctis without corresponding power. You are furtheradvisedthat
an examinationof all other applicablestatutesfails to reveal any
law empoweringa precinctto establisha hospitaland issuebonds
therefor. It follows,therefore,that no such power exists.
Very truly yaws,
ATTORNEY GIcNmAL OF TEXAS
s/ GeorgeW. Sparks
BY
GeorgeW. Sparks
Assistant
OCT. 22, 1946
A.PPROVE!D
s/ GroverSellers
GENEP&OFTEKAS
A'ITORNEX
APPROVED
OPINION
COMMITTEE
BY B. W. B.
CHAIRMAN