QBffict of tfy flttorncp &ma1 

%tatr of Crxas 

June 28.1991 

Honorable John Vance 

Dallas County District Attorney 

qvil section 

Administration Building 

411 Elm Street 

Dallas, Texas 75202 

Opinion No. DM- 29 

Rc: Whether the Dallas County Hospital 

District may use hospital district funds to 

become a dues-paying member of a 

private, nonprofit corporation or to reimburse district officials for expenses of 

individual membership (RQ-SO) 

Dear Mr. Vance: 

You have requested our opinion as to whether ‘the Dallas 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 in Dallas 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 is located? 

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 of Commerce? 

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Honorable John Vance - Page 2 (DM-29) 

4. May the Dallas County Hospital District reimburse its 

president and chief executive officer for his expenses in joining 

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 in joining 

and maintaining his membership in the Dallas Citiaens Council, 

a Texas non-profit corporation organized to encourage the 

involvement of tbe local business community in matters 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, 

inrer u&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 

0 281.046. The district’s board of directors is also empowered to ‘manage, control, 

and administer the . . . hospital system of the distrid; to “adopt rules governing the 

operation of the.. . 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 of acquiring “buildings. land, facilities, equipmen& or services”; to exercise 

the power of eminent domain; to “accept gifts and endowments”; to “sue and be 
Honorable John Vance - Page 3 (DM-29) 

sued”; and to “employ and commission peace officen for the district-” Id 

00 281.047,281.04& 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 of limited authority. As the 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 which authorized their creation, and they can exercise no 

authority that has not been clearly granted by the legislature. 

Tti-City Fresh Writer Suppry Dist. No. 2 of Had Cowrty v. Mm, 142 S.W.2d 945,948 

(Tex. 1940); see a.ko Franklin County Water Dirt. 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 of the.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 in joining such organizations or attending their meetings. Accordingly, we 

answer your remaining questions in the negative.’ 

SUMMARX 

The Dallas County Hospital District is not authorized to 

become a dues-paying member of various private, nonprofit 

*By way d contrast, seaion 81.026 of the W Government code empowers a commissioners 

court, ‘in the name of the 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). 

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Honorable 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 of Texas 

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