Case Information
*1 The Attorney General of Texas October 13, 1983 JIM MATTOX Opinion No.JM-79
Supreme Court Building Harris County Attorney P. 0. Box 12546 Austin, TX. 76711. 2546 1001 Preston, Suite 634 Re: Authority of cormnissioners 5121475-2501 Houston, Texas refuse Telex 9101674-1367 budget on grounds Telecopier 5121475.0266 funds pregnancy termination
ClilIiC 714 Jackson, Suite 700 Dallas. TX. 75202.4506 Dear Mr. Driscoll: 214,742.6944
You have requested our opinion regarding the authority Harris County Commissioners Court to refuse to approve the budget of 4624 Alberta Ave., Suite 160 El Paso, TX. 79905.2793 the Harris County Hospital District. 9151533-3464
The operation of the Harris County Hospital District is governed by article 4494n, V.T.C.S., which provides in section 8 the following: “‘I1 Texas, Suite 700 .auston. TX. 77002.3111 Sec. 8. Once each year, as smn as practicable 7131223.5666 after close fiscal yea=, Administrator the Hospital District shall 606 Broadway. Suite 312 report to the Board of Managers, the Commissioners Lubbock. TX. 79401.3479 court, the State Board of Health and the State 6061747.5236 Comptroller a full sworn statement of all moneys chases action received by such 4309 N. Tenth, Suite B Administrator and how disbursed otherwise McAllen, TX. 76501.1665 disposed of. Such report shall show in detail operations the District term. Under
the direction of the Board of Managers, he shall 200 Main Plaza. Suite 400 prepare an annual budget which shall be approved San Antonio. TX. 76205.2797 by the Board of Managers shall then be 5121225-4191 presented the Commissioners Court final
approval. In like manner all budget revisions shall be subject to approval by the Commissioners An Equal Opportunity/ (Emphasis added). Affirmative Action Employer In Attorney General Opinion MW-15 (1979), 5142b, V.T.C.S., the budget submitted by a juvenile That statute provided the following in pertinent part: Section 5. The compensation of all probation shall be the Juvenile Board *2 I subject to the approval the County Commis- sioners Court . . . .
The opinion concluded that section 5 of article 5142b authorized El Paso County Connnissioners Court to decline to approve a budget for compensation juvenile probation officers submitted by the county juvenile
In Attorney General Opinion H-908 (1976). held that salaries for assistants and investigators by a prosecuting attorney must be approved in order to become effective. The language of the statute was identical to that considered in Attorney General Opinion MW-15. The opinion noted:
The relevant language of article 332a, section 5, is unambiguous and can be read in harmony with the entire statute without departing from its plain meaning. The statute makes prosecuting attorneys responsible personnel matters -- hiring, removal setting salaries travel expenses . . . . It makes the commissioners financial matters -- approving prosecutors’ salary and travel expense proposals, and providing for office expenses . . . .
In our CJpidJn, 4494n to statutes in Attorney General Opinions MW-15 and H-908. It authorizes the administrator and board of managers of a hospital propose and submit a suggested budget. But it accords conrmissioners the right of “final approval.”
It has been suggested that two judicial decisions require a different result. Commissioners Court of Lubbock County v. Martin, 471 S.W.2d 100 (Tex. Civ. App. - Amarillo 1971. writ ref’d n.r.e.), was discussed in Attorney General Opinion MW-15. That case, involving appointment of adult probation under section 10 of article the Code of Criminal Procedure, concluded that a court was not authorized a budget submitted by a district judge unless the budget was so unreasonable, arbitrary capricious as to amount to an abuse of discretion.
Opinion MW-15 declared:
The language relating to the commissioners court’s duty [Martin] was ambiguous, and... the courts relied on the rest the act to ascertain legislative intent. statute indicated this purpose was plSCe responsibility for probation supervision wholly within state courts. There is neither *3 ambiguity in article 5142b nor similar language which would broaden the responsibility the juvenile
In Commissioners Court of Harris County v. Fullerton, 596 S.W.2d (Tex. Civ. App. - Houston [lst Dist.] 1980, writ ref'd n.r.e.), the Harris County- auditor had submitted an equipment budget to the commissioners The commissioners rejected specific items of equipment and reduced the budget by $380,000. The court held that, once the auditor makes a determination that a particular item of equipment is necessary the proper functioning of his office, commissioners must ministerially take the proper legal steps provide that equipment "unless it finds that the county auditor abused his discretion." Id. at 576. The decision was based, however, on 1650, V.T.C.S., which authorizes a county auditor "to provide books, records, blanks, himself with all necessary ledgers, stationary, equipment, telephones and postage at county's expense."
Under the court's reasoning in Fullerton, the commissioners court would be obliged to ministerially only those items in the hospital district's budget which article 4494n, or some other statute, Since no statute specifically authorizes authorized. hospital to make the expenditures about which you inquire, we must conclude, on the authority of Attorney General Opinions MU-15 and H-908, that the commissioners is the body ultimately financial affairs the county, and that, as such, is empowered to reject any budget submitted by the hospital district.
Nor do we believe that any statute requires make no determination,
specify the reason for 1;s disapprovai. We course, what is advisable interests sound administrative practice.
SUMMARY of Harris County, pursuant its right of "final approval" of the budget of the Harris County Hospital District, empowered any budget submitted by the district. Very truly yours J h
iA JIM MATTOX Attorney General of Texas *4 TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
Susan Garrison
Jim Moellinger
Bruce Youngblood