WiWi WILSON 

A-GRNEY GENERAL 

December 16, 1960 

Honorable Shelby H. Blaydes 

District Attorney 

County of Pecos 

Fort Stockton, Texas 

Opinion No. WW-973 

Rez Discretion of Commissioners' Court in 

calling bona election 

Dear Sir: under Art.4478, V.C.S. 

You have requested our opinion on these questions: 

"(1) Does the Commissioners Court of 

Pecos County, Texas, have any discretion in the matter of whether or not 

to call an election on the proposition 

as set forth in a petition for an election, a true copy of which (other than 

signatures) is attached hereto as Brhibit 'A' and made a part hereof, if the 

petition meets all the requirements as 

set forth in Article 447&,R.C.S. 

"(2) When a County has in operation one 

or more county hoepitals, and when the 

Commissioners Court of said County is 

presented with a petition drawn under 

Article 4478 calling for the purchase by 

said County of an additional hospital 

facility, and the petition as presented 

is in compliance with all of the provisions of Article 4470, must the Commissioners Court call an election for the 

purpose of purchasing the additional 

facility called for in such petition for 

hospital purposes, or does the Commissioners Court have any discretion in the 

matter under Artide 4490, R.C.S. of wbether or not to call an election on the 
L--/ 

Honorable Shelby H. Blaydes, page 2 (ww-973) 

proposition set forth in the petition 

resulting in a bond election to be held 

by said County." 

Attached to your request is a copy of a "Petition for a 

County Hospital Bona Election" which was duly presented to 

the Commissioners' Court whereby the Commissioners' Court 

is requested to submit the following proposition: 

"SHALL the Commissioners' Court of 

Pecos County, Texas, be authorized 

to issue the bonds of said County 

in the total principal amount of 

NINETY SEVEn THOUSAND DOLLARS 

($97,000.00), to mature serially 

within any given number of years 

not to exceed TWENTY (20) years 

from the date thereof, and to bear 

interest at a rate not to exceed 

FIVE PER C%NTUM (5%) per annum, 

payable annually or semi-annually: 

and to levy ad valorem taxes sufficient to pay the interest on said 

bonds and to create a sinking fund 

to pay the principal thereof at maturity, for the purpose of purchasing, improving, altering and repairing an existing building in the City 

of Fort Stockton, Texas, known as 

GIPSON HOSPITAL and located upon the 

following described realty in Pecos 

County, Texas, to-wit% 

Lots 2 through 10, in Block 20: 

and the West 63' of Lot 11, in 

Block 20: and the North 22' of 

the %ast 75' of Lot 11, in Block 

20: and the East l/2 of Lots 1 

and 3, in Block 20; and Lots 9, 

10 and 11, in Block 28, all located in the OLD FORT ADDITION 
Honorable Shelby Ii. Blaydes, page 3(WW-973) 

to the City of Fort Stockton, 

Pecos County, Texas, together 

with all improvements located 

thereon. 

Said builaing and said premises to be 

used as an additional hospital building 

and for all necessary permanent improvements in connection thereWtb, pursuant 

to authority conferred by the Constitution and laws of the State of Texas, 

particularly Section 9 of Article 8, of 

the Constitution, and Chapter 1, Title 

22 and Chapter 5, Title 71, Revised Civil 

Statutes of 1925, as amended?" 

You also state as follows2 

I 

. . . Pecos County currently owns two 

hospitals of a total capacity of 50 beds. 

One, a hospital of 32 beds, is located in 

Fort Stockton. The other, a hospital of 

18 beds, is located in Iraan. . . .* 

Article 4478, V.C.S., is in part as follows: 

*The Commissioners~ Court of any 

county shall have power to establish a county hospital and to enlarge any existing hospitals for 

the care and treatment of persons 

suffering from any illness, diseaae 

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 paying 

voters of a county mav petition such 

court to Provide for the establishing 

or enlarsing of a county hospital,.$n'~ 

whiah:~;~,event:..said court ~.wLthin 'the ~ti@ 
Honorable Shelby I-L Blaydes, page 4 (WW-973) 

designated 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 designated in said petition 

for the establishinq or enlarqinq of 

such hospital. . I em (Emphasis added) 

The underlined language of this statute clearly contemplates 

that the qualified property taxpaying voters of a county 

may petition the Commissioners* Court I(. . . to provide for 

the establishing or enlarging of a county hospital, . . ." 

The proposition contained in the petition here presented to 

the Commissioners' Court goes beyond these purposes in that 

it specifically describes by metes and bounds the property 

to be acquired. 

The statute does not authorize the petitioners to name the 

site or location of the proposed facili.ty and this remains 

a matter to be determined by the Commissioners' Court in the 

exercise of its sound discretion. In answer to your first 

question It is our opinion that it is not mandatory that the 

Commissioners ' Court call an election upon this petition but 

it may a0 SO if it SO desires, providing the petition is 

properly executed by the requisite number of qualified 

persons. 

Your second question I.6 hypo,tbetical because the Commissioners ' Court has not been presented with a petition other than 

that discussed above. We regret that we may not pass upon 

hypothetical situations. If in the future the Commissioners' 

Court should be pr@sented with another petition we shall be 

glad to examine a copy and render an opinion. 

SUMMARY 

The petition presented goes beyond 

the purposes set out in Article 4470, 

V.C.S., and it is not mandatory that 
Honorable Shelby i-I. Blaydes. page 5 (m-973) 

the Commissioners' Court call an 

election, although it may a0 so. 

IiWM-S 

Very truly yours, 

WILL WILSON 

era1 of Texas 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Gordon C. Cass 

Tom FlcFarling 

Martin DeStefano 

Jerry II. Roberts 

REVIEWED FOR THEATTORNEYGEWRML 

By: Leonard Passmore