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June 28.1991

Honorable John Vance Dallas County District Attorney qvil section Administration Building 411Elm Street Dallas, Texas 75202 Opinion No.DM-29 Rc: Whether the Dallas County Hospital District mayuse hospital district funds to become a dues-paying member of a private, nonprofit corporation or to reimburse district officials for expenses of individualmembership (RQ-SO) Dear Mr.Vance: You have requested our opinion as to whether ‘theDallas County Hospital District is authorized to expend district funds to become a dues-paying member of various private nonprofit corporations and associations or to reimburse district officials for expenses incurred for individual memberships. Specifically,you ask:

1. May the Dallas County Hospital District be a dues paying member of Dallas Medical Resource, a Texas non-profit corporation formed to provide services to member institutions such as publicizing the quality, availability and diversity of health care services available at member health care facilities located inDallas County? 2. May the Dallas County Hospital District be a dues paying member of the Stetnmons Corridor Business Association, an association organized to improve the quality and safety of the Stemmons Freeway a business corridor in which Parkland Memorial Hospital islocated? 3.~ May the Dallas County Hospital District be a dues paying member of the Greater Dallas Chamber of Commerce, the Dallas Black Chamber of Commerce and the Dallas Hispanic Chamber ofCommerce?

P- i32Honorable John Vance -Page 2 (DM-29)

4. May the Dallas County Hospital District reimburse its president and chief executive officer for his expenses injoining and maintaining his membership in the Dallas Assembly, an association of individual citizens whose goal it is to create growth through ideas; or, may the Dallas County Hospital District pay his expenses incurred in joii and maintaining membership in the Dallas Assembly? 5. May the Dallas County Hospital District reimburse its president and chief executive officer for his expenses injoining and maintaining his membership in the Dallas Citiaens Council, a Texas non-profit corporation organized to encourage the involvement oftbe local business community inmatters affecting the quality of life and governance of the greater Dallas community, to formulate procedures and channels for such improvement and to provide mechanisms for the adoption and implementation of programs which develop from such involvement; or, may the Dallas County Hospital District pay his expenses incurred in joining and maintaining his membership in the Dallas Citizens Council? The Dallas County Hospital District is a county-wide hospital district established under article 11,section 4, of the Texas Constitution and chapter 281 of the Health and Safety Code [formerly article 4494n. V.T.CS.]. Subchapter C thereof describes the “general powers and duties’ of such a district The district is, inreru&r,required to assume “full responsibility for fumkhing medical and hospital care for indigent and needy persons residing in the district.’ Health B Safety Code 0281.046. The district’sboard of directors is also empowered to ‘manage, control, and administer the
. . .hospital system of the distrid; to “adoptrules governing the operation ofthe..
.hospital system”; to “construct, condemn, acquire, lease, add to,
. maintain, operate, develop, regulate, sell, exchange, and convey any property, property right, equipment, hospital facility, or system to maintain a hospital, building, or other facility or to provide a setvice required by the district”; to
“contract or cooperate with” (1) the federal government, (2) this state, (3) a municipality, (4) another hospital distria, or (5) a privately owned or operated hospital located in tbe district; to enter into leese and purchase agreements for the purpose ofacquiring “buildings. land, facilities, equipmen&or services”; to exercise the power of eminent domain; to “accept gifts and endowments”; to “sue and beHonorable John Vance -Page 3 (DM-29)

sued”; and to “employ and commission peace officen for the district-” Id 00281.047,281.04& 281.050,281.051,281.052,281.054,281.055,281.056,281.057. A hospital district, like every political subdivision other than a home rule city, is a creature oflimited authority. Asthe Texas Supreme Court said in referring to a fresh water supply distti*

(t]he powers of such districts are measured by the terms of the statute whichauthorized their creation, and they canexercise no authority that has not been clearly granted by the legislature. Tti-CityFresh Writer

Suppry Dist.No. 2ofHad Cowrtyv.Mm, 142S.W.2d945,948 (Tex. 1940); see a.koFranklin CountyWaterDirt. v. Majots, 476 S.W.2d 371, 373 (Tex. Civ. App.-Texarkana 1972, writ refd n.r.e.); Attorney General Opinion JM-1142 (1990). This office has specifically held that, on constitutional grounds, a county may not become a dues-paying member of a chamber of commerce. Attorney General opinion H-397 (1974); see ufso Attorney General Opinions JM-1199 (1990); JM-65 (1983). Although the same reasoning would prohibit a hospital district from becoming a dues-paying member ofthe.organizations listed in your first three questions, we believe that the issue may be decided on statutory grounds alone without reference to the constitution. No provision of chapter 281 may reasonably be construed to authorize the board to expend funds for membership in such private organizations as you have described, nor do we think that any such authorization can properly be inferred therefrom. Funhermore, by the same reasoning, the board may not reimburse its administrator for any expenses incurred injoining such organizations or attending their meetings. Accordingly,we answer your remaining questions inthe negative.’


### SUMMARX The Dallas County Hospital District is not authorized to become a dues-paying member of various private, nonprofit

*Byway d contrast,seaion 81.026ofthe W Government code empowers acommissioners court, ‘in the name ofthe county,’ to spend ‘money from the county ’s general fund for membership fess sod dues of a nonprofit state asociadon of couotiw- if certain coditiom arc fulfdled. See Attorney General Opinion M-759(1970).

P- 134Honorable John V~we -Page 4 M-29)

corporations and associations nor to reimburse its adatinistrator for maintaining an individual membership in such organizations.

DAN MORALES Attorney General ofTexas WILL PRYOR Fit Assistant Attorney General MARY KELLER Executive Assistant Attorney General JUDGE ZOLLIE UEMCLEY (Ret.) Special Assistant Attorney General RENEAHIcKs Special Assistant Anomey General MADELEINE B.JOHNSON Chair, Opinion 

### Committee
Prepared by Rick Gilpin Assistant Attorney General