6 ORNJGY GENERAL IIfmortlib1e Eugene Fmdy County Attorney &art ccunty Grssnville, Texas Dear sir: Mtention: Robert Mc%irter opinion Kumbar O-3011 Re: Sinoe a special election viesheld last month, when may another special election concerning bonds for the establishment of e.county hospital 'beheld? This will ackoowledge receipt cf your opinion request of January 3, and 3~0 quote from your letter 8.sfollows: "We held a Special Zlection last month, voting or.bonds for the astablishfilent of a County Hospital. 'Themeasure failed to terry. Some of the advocates of the hospitsl have inclnted that vieobtain from you an opinion as to when another srecinl election dealiaz with this ~eme matter msy be held." Article 4478, of Vernon's Annotated Civil Statutes, roads, inspart, as follows: "The cormrissioners'COurt of any county shall have power to estr\blish a county hospital and to enlarge any existing hospitals fort,hn ewe and treatment of persons suffering from any illness, disease or injury, subject to the provisions of this chapter. At intervals of not less than twelve months ten per cent of the qualified property%Gying voters of .!a county may petition such oourt to provide for the establishing or enlarging of a county hospital, in which event said aourt within the time designated in such petition shall suhriitto such voters at a speoial or regular election the proposition of issuing bonds in such aggregate amount as may be designated in said petition for the establishing or enlarging of such hospital. * * * " Article 4493, of Vernon's Annotated Civil Statutes, which controls any county having a aity with a population of more than 10,000 persons, provides, in part, as follows: knorable Xugene Erady, Page 2 O-3011 v f :*r If the proposition shall fail to receive a majority vote at such election, said court may be required thereafter at intervals of -- - not less -.-- months upon petition of ten per oent of tke than tv;elve-2 GlFf%d voters of'said county, to subit said proposition until same shall receive the requisite vote authorizing the issuance of the hands." We have been unable to find any court decisions construing that part of the statutes involved in your question; however, wo believe that the statute itself is clear and it is our opininr,that under the authority of the above quoted statutes, another ~leotior~ aannot be held in your county untii at least txeiva months have clnpsod from the time of the preceding election. Tmsting that thLs a?!s~rs you- quootior., we are. Very truly yours s,/Claud 0. Roothmari xy Glaud (7. rlootman ,dssistant COB: s: T,dw hPPROVZ3 J.0:30, 1941 HPROVED O?iNIGN OOMMITTE SY 0. W. R. CKAIRNAN