DocketNumber: V-510
Judges: Price Daniel
Filed Date: 7/2/1948
Status: Precedential
Modified Date: 2/18/2017
PRICE DANIEL *TrORNEY GENERAL February 26, 1948 Hon. Qeorge L. Murphy opinion No. v-.510 County Auditor Johnson County R0: Authority of CommIs- Cleburne, Texas slonersl Court to tr8nsfer money from the ~&nsral Fund for the operation and malnt,enanceof,a coun- ty hospital. Dear Mr .', Murphy: Ycgr request for an opinion of this Depart- ment is substantially as ,follocs: "On the 9th day of ihxly'19l&6,Johnson County-voted to issue bondsin3 of said hospital and for all other necessary permanent l-nprovementsin connec- tion therewith; to do all other things that may be required by law in order to render said bonds valid. "5. To appoint a board of managers, for said hospital. “6. To accept and'hold in trust for the county, any grant or devise.of land; or ' L sny gift or bequest of money or other per- sonal property or any donation to be ap- plied, principal or income or both, for the ~benefit of said hospital, and apply the same in accordance with the terms of the gift." In the case of Seydler v. Border, 115 S. W.~ !:;I 702, Article l&78 was held to be constitutional; as F. necessary part of the right and power to es- tabiish a hospital, the right to levy taxes fcr the maintenance thereof was authorized. .. Article 4479, V. C. S., requires the Commis- sioners' Court, after it shall have acquired a site for such hospital and shall have awarded contracts,for the necessary buildings and improvements thereon, to appoint six resident property tax payins citizens cf the county who shall ccnstitute a Board of Managers of the hospital. Article agO, V. C. S., prescribes the powers of the Board of hsnagers and provides for the appoint- ment of a Superintendent for such hospital. Certain ,. Hon. George L. Murphy, page 4 (V-510) duties of the Board are enumerated in Article 4.484, V.. . c. s., which reads In part, as follows: w . . .The board shall certify all bills and accounts, including salaries and wages~and transmit them to the Com- missioners Court, whc shsll provide for their payment in the same manner as other charges against the county are paid. "The board of manage shall nuke to the commissioners court annually, and at such times as said court shall direct, a detailed report of the operation of the hospital dispensaries and school during the year, showing the number of patients received and the method and results of their treatment, together with suitable recommendati0ns and such other matters as may be required of them, and shall.furnish full and detailed estimates 'of the appro- priations required during the ensuing year for all purposes, including maintenance, the erecticn of buildings, repairs, re-~ newals, extensions, improvements, better- ments or other necessary purp0ses: Id." Article 4485, V. C. S., provides in part: "The superintendent shall be the chief executive officer of the hospital, but shall at all times be subject to the by-laws, rules and reguletions thereof, and to the powers of the board of mana- gers. "He shall, with the consent of the board of managers, equip the hospital with all the necessary furniture, appliances, fixtures and all other needed facilities for the care and treatment of patients, and for the use of offic.ersand employees thereof, and shall purchase all necessary supplies, not exceeding the amount provid- ed for such purposes by the commissioners court." This Department in Opinion No. O-6433, dated JUIY 24, 1945, held as follows: . hon. George L. Murphy, pai::e 5 (V-5'10) "'Withreference tL ycur I.ncu;ryts to the.levy of taxes fof the maintenance of the hospital, we point out that under the provisicns of Art. 4478, a county ccm- missicners' court is authorized to estab- lish a hospital, and in connection with said authority, the conuniss!cners'court is empowered, under subdivision 3, Art. l$7fAko levy taxes for the maintenance . Also we point out that all ex- penditures for said hospital should be made in conform'ty with the county budget and authorized amendments thereto, and all accounts should be allowed by the commis- sioners' court in the same manner that other accounts against the county are al- lowed." Inasmuch as the Commissioners' Court autlloriz- ed an appropriation in an amount of $lO,OOO.OO for the Johnson County Hospitoi, it is assumed that the same was provided for in the county budget. It will be seen from the foregoing statutes that cuthoritg is vested in the aoard of kianegers and the Superintendent of the hospital to incur necessary expenditures for the operation and saintenance of a hos- pital in a sum "not exceeding the amount prcvided for such purposes by the~Commissicne!s' Court." 2TheCountv Treasurer could not issue warrants in coyment thereof until the Commissioners' Court has approve!!the same for payment in the same manner as other chaqes against the county are pal4. AlthcuTh the management cf a county hospital Is vested in the Soar.3cf.mann!;.ers, the bommis* aloners' Court nest anprove all scccunts. The money.allocated by the Comlissicners' Court, pursuant to the statute for supnort and mainte- nance of the hospital, cannotbe transferred to the Board of Managers, as it remains in the.custody of then County Treasurer to be paid out on order cf the bommis- sioners' Court must approve all accounts. The money allocated by the Commlss~oners' Court, pursuant to the statute for support and mainte- nsncc of the hosnita~l,cnnnot bo transferred to the :'op~xof !&anaFe-+ o IL) as it remains in the c.:?``dycf the i'ounty'Treasurerto be paid out on orders ~zfthe Uom- missioners' Court. Therefore, it is the acinion of this . . I. Hon. George L. Murphy, page 6 (V-516) department that the cost of operation and maintenance of the county hospital would be payable from the "enera ' Fund of Johnson County, but the Commissioners1 Court would not be authorized to transfer funds directly to the Board of managers. SUMMARY ‘The General Fund of Johnson ~Gounty may be utilized in the operation and maintenance of the county hospital, but funds may net be transferred directly to the Board of Managers of said hospital, inasmuch as the Gommissicners' Court must approve all claims for payment in the same manner as other charges against the county. Yours very truly, ATTORNEY GENERAL OF TEXAS BY Burnell Waldrep Assis~tant BW;wb;mw/PdM APPEOVED: FAGAN DISKSON FIRST ASSISTANT ATTORNEY GENERAL