Case Information

*1 OIZNEY GENERAL E OFTEXAS

Bnmreble c. I<. Ford

county Attorney

San Saba County

ssn Sabs, Texas op-i,nion o-y4F,i:

Dear sir: IS!:

Establishment of hospital by precinct We have received your letter of October 6, 1946, which we quote, in part, as follows:

"The Commissioner's Court and County Judge oi‘ this county has requested that I send you my opinion on the question of a precinct of ttiis county establishing, equiping, maintaining, and operating a hospjtzl thr::u& a vote on bonds and a tax for such purposes; and ask that you Give me EI~ opinion on the matter." "The <commissioners court of eny county shall have power to esttikLish 8 counte hospital and to enlarge any existing nospitsls for the care and treatment of persons suffering :'rom my 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 tax >ayin:; voters of a county may petition such court t3 :~rov',9e ?or the establishing or enlarging of a county hospital, in which event said court within the time 4esi~wte.5 in such petition shall submit to such voters at a special or regular election the proposition of Issuing bonds in such aggregate amount as may be desisated in said petition for the establishing 01 er,largIng of such hospital. Whenever any such proposition shall receive e majority of the voters cf t2e qualified property tax payers voting at such election, said commissioners court shall establish and maintain such hospital and shell have the following 2owers: 7, . . .

Hon. C. K. Ford - page #2 O-7458

"4. To issue county bonds to provide funds for the establishing, enlarging and equipping of said hospital and for all other necessary permanent improvements in connection therewith; to do all other things that may be required by law in order to render said bonds valid.

* . . . * (Emphasis added) It is evident that if this article authorizes the establishment of a hospital and the issuance of hospital bonds by a precinct of the county, then the word "county" includes "precinct." However, we believe it obvious that this was not the legislative intent.

It is well-settled that the power to issue negotiable bonds is beyond the scope of power of a municipal corporation unless it is specially granted by law, and that any doubt as to such power will be resolved against its existence. City of Brenham v.

German American Bank, 144 U. S. 173, 549; Peck v. City of Hempstead, 65 S. W. 653; 30 Tex. Jur. 402.

In the case of Eellv. Pulte, 10 9. W. (2d) 694 (Corn. App.), the court had the following to say:

*The power to issue negotiable paper for public improvements, or for money borrowed for the purpose of acquiring such improvements, is a power which is regarded as being beyond the scope of power of the governing body of a city or county unless it be specially granted. This extraordinary power, when granted, can be exercised only in the mode and for the purposes specified in the grant. Foster v. City of Waco, 113 Tex. 354, 255 S. W. 1104."

It is clear, upon a reading of Article 4478, et seq., and the original act as passea by the Legislature in 1913 (Acts 33rd Leg. Ch. 39), that only a county-wide application was intended. Nowhere in the act is a precinct authorized or empowered to establish a hospital.

It will be noted that in Article 752a, Vernon's Annotated Texas Statutes, authorizing the issuance of road bonds., the words "county, or any political subdivision of a county" are used. If "county' included its political subdivisions, then the inclusion of "or any political subdivisions of a county" would have been pointless. We hold, however, that the political subdivision would not have had that power without the specific authorization. The authorities cited above amply support this concltiion.

. . ,I

Hon. C. K. Ford - page #3 O-7458

You are advised, therefore, that Article 4478, authorizing counties to establish, etc., a county hospital and to issue county bonds for the establishment, enlargement, and equipment of said county hospital, has no application to a precinct of the county as such, and that the precinct is without corresponding power. You are further advised that an examination of all other applicable statutes fails to reveal any law empowering a precinct to establish a hospital and issue bonds therefor. It follows, therefore, that no such power exists.

Very truly yaws, ATTORNEY GIcNmAL OF TEXAS s/ George W. Sparks BY George W. Sparks Assistant A.PPROVE!D OCT. 22, 1946

s/ Grover Sellers

A'ITORNEX GENEP&OFTEKAS

APPROVED

OPINION

COMMITTEE

BY B. W. B.

CHAIRMAN