Case Information
*1 .
The Attorney General of Texas Docembat 21. 1984
MAYTOX
* nay QenOf8l Oplnioo No. JM-258 .
Eonorablc Ed &ward chairman Re: methar
Sub-comittec on No=inrltiona a ho*pital district Texas State Senate created bg,chaptar 298. Acta 1963, P. 0. Box L2068, Capi’rol Station Fifty-eighth Legialatura, it4 phyaiz: Austin. Texaa 78711 laaac a portion
plant physiciana Id. TX. 752024525 Dear Senator Howard:
n424B44
The Titus Counly Hospital Diatrlct is. a county-wide district by chapter 298. Acta the Fifty-eighth !w Albwa AW., Suit. 150 under authority of article IX. section 9 of the Texas PSSO, TX. 79BOS2793 5 Xk34B4 Conaritution. You r,ak whether this may lease a term of leas portion its phyalcrl physicians are paid than one year, provtded revenue4 to the hoapital*a 31 Trr*r. wte 700 general operating fund. Ftom your question, ve asaume that ton. TX. 77002.3111 would be !.easlng facilftiea for offices in which to 3 5B55 engage in .the private prsctice of mediclna. It la our opinion the Titui IMpit Dlatrict lacka authority leaae Its I Srordway. Suite 312 that I~urpoae. L ccl TX. 754014470 M47-5225 A hospital derive6 it6 power from the constitution the act creating See Attorney General Opinion n-171 Y N. Tenth. Suite B A special pw:poae diatric~y “exarci nly the pmers c*llen. TX. 7aw1.lw5 or which exist are expressly deleg#lted it by the Legislat :2aB24547 XI Maln flue. Bull. 4W
.I mtonlo. TX. 752053757 1 2254191 purpoa~” la created and that powers vhlch are and are “merely
not upreaaed uaeful” may not be eonvanient conducted by the district. ld. at 947. - IX, aecclon 9
Article provides, in pare: Sec. 9. The Legislature may by law provide crea tlcnt maintenance operation cf hospital districts composed of one or more coun~Les or all or any part of one or more counties povar bonds tha -construction. purchase, acquisition, repair renovatlol~ of buildings improvement4 *2 Nonotable Cd Howard - Page 2
\ for~hoapital purposes; providing
equipping same, the transfer the hoaoltsl of the any title land, build&, improvemLa and equipment located vholly within vhich or r~eparately owned by any city, may be jointly so Con! county, prcwiding that any diarricr shall assume full responsibiliLy for providing medical ax;1 care for ice needy inhabltan~a and. . .-. (Emphasis added). i
As originally enacted and subsequently amended, chapter 298, Acts 1963, Fifth-eighth Legislature, in pertinent part, provides: SecUou 1. In accordance with the provisiona --
of Article IX, Seciion 9, Constitution of the Stare Texas, thi!L Act shall be operative so as (0 authorize the creation, maln- and operation a Hospital District renance vithin rhe State of Texas, to be known as Titus County Hospital District, and the boundaries
said District aha:;I. be cosrrensive boundaries of Titus (hereinafter referred to as the ‘County’)!, and said District shall have the powers and res~~onsibiliries provided
aforesaid Constituri&al provision.
Sec. 2. That said District hereby provided for shall full ?esponaibility for providing assume medlcal and hoapitai care the needy residing within the Diarrict.-. . .
. . , . c. 14. Neith@!r the County nor any city c eln shall. aftl!:r rhe Hospital District has # of this Act, been organized in pursuance levy any tax for hospital purposes; such Hospiral District shall ,be deemed to have assumed full responsibiliry for ‘ihe furnishing care for eGe needy and indigent persons
residing In said Hc~pital District from rhe date Fallected the Hospital taxes are District. (Emphasis: added).
The Titus County Hospit:ll. District is expressly authclrired directed by article IX, secciisr~ 9 of the ccnscituciw and the enabling to acquire and manage physical for hospital statute to provide medical and hospital care the needy residing Im~ll.ied powers of the district must further in the district.
the purposes for which (district is created, namely.
purposes and medical care of needy
Ronorsbls Ed Howard - Page 3
Us concluds ths Titur County liospital District derives from and enabling atstuts no express or implisd pwer on any terms s portion lease its hospital property for use se for private This off Ice previously offices physicians. svss when a comty had statutory concluded .autbority to Isass ths county did not county hospital to be opsrat,cd as s hospital, of Its hospital use 88 thereby acquire authority to 11!ass portions see Lttornsy General Opinion g-16 (1973). private medical offices.
See also Attorney Censralj,:!nion Cf. Sullivan H-31 v. 1974, vrit Andrws County, 517 S.W.2d 410 (Tu. Civ. App. - tl-%so rsf’d n.r.s.1 (express ata tutory suthority
facilities). But dst Oak L,wn Preservation Society v. Board of Managers of Dallas County Roap:ii:al District, 566 S.W.Zd 315. 317 (TsX. civ. App. - Dallas 1978, vrit :;!f’d n.r.e.) (validity of lsass betveen as jail not an
hospital and county fqxr uas of former hospital determined on appeal); Attorney General Opinion M-912 (1971) contract (hospital vlth author.lty vith private and doctors laboratory testing to be performed vlth laboratory equipment). Whsrc!es laboratory ,is a hospital testing function, offices the private practice of medicine are not “hospital purposes” or the prwision of “medical or hospital cars the needy .”
The povers of the hospit.a.1 district in question are measured by terms of article IX, set tion 9 and chapter the Plfty- vhlch eighth neither cwatsd lsass contains an sxpress implied grant of authority for use as nythirla, other fscilitles than hospital and the medical hospital its needy provision cars
2-U M M A R Y The Titus County Hospital District has neither sxprsss nor implied authority to lease part of It: physical for use as private medical offices.
JIM MATTOX Attorney General of Texas TOM GREEN
First Assistant Attorney Gene::al
DAVID R. RICHARDS
Executive Assistant I:ti?nsral Attorney