Case Information
*1 The Attorney General of Texas December 13. 1904
IM MATTOX
Attorney General Honorable D. R. “Tom” Uher Opinion No. JM-245
Supreme Court BuIldhO Chairman p. 0. BOX 12545 Re: Uhether the Sweeny Rospltal Regiona, Compacts & I:istricts .ustln. TX. 75711.2549 12l4752501 District may change jurisdic- Committee Telex 910/574-1357 tional boundaries Texss House of Reprel,entatives Telecopier 512f47MZSS P. 0. Box 2910 78765’
Austin, Texas
714 Jackson. SuIta 700 rlallas, TX. 75202e.05 Dear Representative Uher: :141142-5944
You ask whether the Sweeny Eospital District may change boundariccl to coincide with the newly expanded boundaries 4S24 Alberta Ave., Suite 160 the Sweeny Indel~endent School District. We conclude 3 Paso. TX. 79905-2793 llY5334484 the Sweeny Hospital
District. Texas. SuiIe 700 The creation of the Sweeny Roapital District IS authorized by the 4ourton. TX. 77002-3111 in accortlence with the provisions of article IX, section 9 71312236SS5 the Texas Constitution “with boundaries coextensive with the Swceny Independent School District.” 1963. 306 Broadway, Suite 312 58th Leg., ch. 135, )I, at 361. Section 2 of that act provides Lubbock, TX. 79101-3479 not be created nor a tax be 805/747-5238 authorized until and tax are approved by a majority the qualified of the district voting in an 4302 N. Tenth. SuiIe S election for #uch purpose. McAllen. TX. 78501.1655 512lS52.4547 IX, secl:.lon 9 of the constitution provides: 200 Main Plaza. Suite 400 Sec. 9. The Legislature may by law provide San Antonio. TX. 782062797 creation. establishment, maintenance operation I-[ hospital districts composed of one or
more counties or all or any Dsrt of one or more ,r:Lth power bonds
An Equal OppOrtUnitYI purchase, construction, acquisition, repair Alfirmatlve AcUon Employer renovation of buildings improvements - ’ equipping same, purposes; providing the tz,ansfer to the hospital title to any land, buildings, improvements equipment located wholly vithin the district which may be jo:lntly or separately owned by any city, tom or county, that any district so *2 Ronorable D.R. “Tom” Dher - Page 2 (m-245) shall asmme full responsibility for
created providing medical md hospital care for its needy assume outstanding inhabitants towns indebtedness incu::red by cities, purposes prior creation i,istrict. if same are located wholly within and a pro rata portioo of such iodebtedneas based upon the then last approved tax sssessment rolls of the included touns and counties less than all cities, territory thereof :Ls included within the district boundaries; provid:Lng that after creation no other municipality or political subdivision shall have the power to levy taxes or bonds or other obligations :Cor hospital purposes or for providing medical care within
the district; pror:lding for levy of annual taxes at a rate not to exceed seventy-five cents (75~) on the One lfundred Dollar valuation of all property within such district purpose of meetkg requirements district’s bonds, t:he indebtedness assumed by it its mainterumce and operating expenses, such district shall not be created or such tax aut~orired approved by a mejority the qualif fed property taxpaying voting at thereof anir providing further thet w support an maintenance of the dintrict’s
system shall never become a charge against or obligation the State of Texas nor any direct appropriat:Lon be made by the Legislature the constructiona, maintenance improvement of any of the facilities of such district.
Provided, however, that no district created except by act of the Legislature and then only after thirty’:30) days’ public notice to the affectecb, In no event may Legislature provil@ for a district to be created the affir@ive vote of a majority of the in concerned. voters- ?Rmphasis added).
A hospital la created by a statute which specifies ito boundaries. adopted
the Sveeny Independent School District as the boundaries of the Swerny Hospital District. is a well settled rule of stetutory construc- tion
Honorable D.R. “Tom” Uher - Pa,ge 3 [a] statute of specl.fic reference incorporates the provisions referred to from the statute as of the tima of adoption without subsequent amendments. the has expressly or by strong
implication shown intention to incorporate subsequent amendments with the statute.
St. Paul Mercury Insurance Co: v. Billiot, 342 S.W.2d 161, 163 (Tex. Civ. App. - Beaumont 1960. vrdtref’d).ee also Trimmier v. Carlton.
296 S.W. 1070. 1074 (Tex. 1927). An analogous situation exists where the legislature adopts boundaUes for a hospital district
to the specific boundaries of an independent school district. is our opinion that the adoption of the boundaries of
Sweeny Hospital District coexl.ensive with the boundaries of the Sweeny Independent School District constitutes an adoption school district as they existed at the time that district was aut’>orized by the enactment of chapter 135, 1963 of the Fifty-eighth Legislature. We find no expression intent that chapter 135 adopted
school district as they then existed and as they might later expanded by the school distrkt. We do not address any constitutional questions that may arise th.e legislature provided for the creation of a district fixed ‘>oundaries except to caution constitution prohibits c:reation of a district “without affirmative vote of a majority of the taxpaying voters in the district concerned .” IX, section 9 of the constitution does not prohibit from authorizing the expansion of a is alrc!o;dy created. Stamford Hospital District
v. Vinson. 517 S.W.2d 358 (Te:c. Civ. App. - Eastland 1974. writ ref’d n.r.e.). However, the powerzs of a hospital are expressly provided or necessarily imp:l:.ed by the constitution the act creating the district. See Attorney General Opinion M-171 (1967).
.The original enactment subsequent amendments to chapter contain no authority the Sweeny Hospital District’s boundaries, no provision fol, conducting at which property electors within a proposed expanded district would be given an opportunity to aplbz’ove the expansion of the boundaries levy of a tax on all vithin the expanded and no provision for the assumption of the indebtedness the original by the district as enlarged. See. e.g., Acts 1973, 63rd Leg., ch. 563, fOla, 3a. at 1567, 1569 (authorizing expansion of the Stamford Hoslkital District and prescribing procedures for the approval election).
Honorable D.R. "Tom" Uher - Page 4 the Sweeny boundariee The hospital district may not
Roepital Dietrict. bound.eries
authority.
JG;h JIM Attorney General of Texas TOM GREEN
First Assistant Attorney General
DAVID R. RICRAFDS
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Coauaittee
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Woellinger
Jennifer Riggs
Nancy Sutton