&norable Ronald D. Stephens Opinion No. C- 2% 

August 14, 1964 

County Attorney 

Young County Courthouse 

Graham,, Texas 

Dear Mri Stephens: 

Re: Authority of the county 

to furnish special medical 

attent1on.W the treatment 

of indigent county residents. 

You have requested an opinion from this office upon 

the following questzons: 

"1.' Is the county under a dutp &d 

authorized. to'employ specialists, such as 

a neuro-surgeon, In the treatment of indl?ent 

. 9.‘. ~. - _-, realdents, In the c~ounty? -.A. 

"2. Is Che,county authorized to secure 

the ,ser?vlces of a neeo-surgeon who practices 

medicine outside the county and have the neuro- 

.: surgeon perforn.services $n a public hospital 

within the.Oounty'where the lndigent~ resident 

resides?" 

Article 2351,~ Vernon's Civil Statutes, reads in.part 

as follows: 

"Each commissioners court shall: 

” 

. . . 

6. Provide for.the support of paupers 

and such idiots and lunatlcs~as cannot be admitted lnto~the lunatic asylum, residents of 

their county, who are unable to support themselves. By the term resident 8,s used herein, 

is meant a person who has been a bona fide 

inhabitant of the county not less than six 

months and of the State not less than one 

year." 

-1403- 
I .. 

‘.., : 

ii 

- 

. 

. ..~ ‘~. 

,.-. _ 

-- . 

Hon. Ronald D. Stephens, page 2 (C-293) 

By the term "support" Is meant more than supplying 

food, clothing and living quarters; it means all that is necessary to bodily health and comfort Including proper care and 

treatment during sickness. Monghon v; Van Zandt County; 3 

Willson Civ.Cas.AIjp., sec. 198 (lo%); 44 Tex.Jur.2d, Paupers, 

Section 3, p. 628. 

Thus, a county, acting through Its commissioners court, 

is under an affirmative duty to properly care for Its indigent 

citizens. Further, the case of Galveston County v. Ducle, 91 

Tex. 665, 45 S.W. 798 (1898), holds that.a commissioners court 

may contract with a physician to'perform medical~ services on 

paupers resldlng in'the ~county. We falls to see any distinction 

between.employlng a physician and employing a neuro-surgeon 88 

long as the services of the doctor employed are necessary to 

maintain the bodily health of Indigent residents of the county. 

Therefore, we answer.your first question in the affirmativei 

._ 

& order to furnish proper treatment for certain 

Indigents, it may'become necessary for a county to employ 

specialists, such as a neuro-surgeon. We feel that the glace 

of residence of the,physlclan Is irrelevant aslong as his ser- 

~vices are necessary to preserve bodily health of the Indigent : 

citizens. Therefore; your second question Is also answered In 

the affirmative. 

3, :. -. .-. 

SUMMARY, 

: ., 

The duty of a county to'furnlsh medical 

care~for Its indigent residents Includes the 

duty to employ medical specialists when necessary; such specialists need not be residents of 

the county. 

Very-truly yours, 

WAGGGRERCARR 

Attorney General 

E. Lawrence~Merriman 

Assistant 

ELM:lllkh 

- 1404- 
Hon. Ronald D. Stephens, page 3 (C-293) 

APPROVED: 

0PIN10N COMMITrEE 

w. 0, Shultz, Chairman 

Malcolm Quick 

Bob Flowers 

Bob Smith 

Ed Balding 

APPROVEDFORTHEATTOFUEY (ENERAL 

BY: Stanton Stone