181 

OF’FICE OF 

. THE ATTORNEY GENERAL 

AUSWN. TEXAS 

PRICE DANIEL 

*TTazNEY GENERAL February 17, 1948 FAOAN DlCKSON 

rrmz AmmmEon. W. A. Radden opinion No. v-505 

County Attorney 

Pecos county Ret Authority of anagersof 

Fort Stockton, Texas County Board of Roapltals 

to fix the Superintendent's salary on a contingent basis. 

Bear Sir: 

Reference is made to 

an opinion by this Department, 

letter addressed to you by the 

ln part, as follovs: 

your recent request fbr 

wherein you enclosed a 

County Judge, vhloh reads, 

"The taqiayers of P&OS- County voted 

bonds in the amount of $300,000. in 1946 

for the colhstliuction and equipment of a 

county hospital, and assessed and levied 

a tax for the payment of bond maturities 

and interest. 

"The C~nnnl~sidne~a Court being informed that the hospital Would be'or' could be 

made self supporting assessed, levied or 

collected no taxes for malntenancf! or necessary expenses thereof. 

"After the site has been acquired and 

the contract awarded for the constractidn 

of necessary building&, and a board of'managera tippointed Ii$ the"cotiYt a8 provide&by 

Art. 4479 VCS; hiis-'this board power or anthi 

ority td employ a superintendent and fix his 

salary on a contingent basis; based on the 

net earn-s of-the ~hospital or income from 

the operation thereof, he to receive a s&11- 

ary not to exceed thrj net earnIn@ of the 

hospital with a maxl&um of $5;000.00 a year 

he aasnming the pay&M of till operating'6xpensea, and,ln nb manner obligating the--&ounb. He to be employed.subject to all-the 

terms, conditions and provisions of the 
182 

Ron. W. A. bdden, page 2 (v-505) 

County Hospital Act." 

lishing, 

Article. 4478, V. C. S., provides for'the estabhospital. 

enlarging, repairing and maintaining a county 

Article 4479 provides for the appointment of 

six resident property taxpaying citizens of the county 

who shall constitute a board of mauagers of saLd hospltal. 

Article 4480, V. C. S., 1s as follows: 

"The board of managers shall elect from 

among lts,members a president, and on6 or 

more vice-presidents and S secretary'aud a 

treasurer6 It shall &ppoint 8 superlntendent of the ho'spltal who sball hold office 

at the pleaeure~of said-board. Said superUtendent ,&all not be &member of the 

board, aud shall be a qualiiied practltloner of medicln6, or be specially trained for 

work of such character. 

."Said board'shall fix the salaries of 

the auDerlntendent and all other offlciwe and 

rm, e lo es v II' 

tlon made therefor by~the commissioners 

court. and such salarles~shall be 'comeneatlon In full f6r all servlt5es tietiered. %e 

board sh&ll deter-e the amount of time required to be spent at the hospital by said. 

superintendent in the discharge of his duties. The board shall have the general managenent:&nd control of the said hospital, 

grounds; buildings, officers and employees 

thereof; of the inmates therein, and of all 

matters relati@ to the government, dlscipllDe, contracts and fiscal coficerns thereof; 

and make such rules and regulations 8s may 

seem to them .neceaaary for carrylng'out the 

purposes of suc~h hospital. They shall maintaLn an effective inspection of said hospital 

and keep themselves informed of the affairs 

and management thereof; shall meet at.the 

hospital at least once in every month, and 

at such other times as may be prescribed in 

the by-laws; and shall hold an annual nieeting at least three weeks prior to the meet- 
Hon. W. A. Hadden; page 3 (Vi505) 

lng of,the commlaaioneiis aoui% t which a 

prourlatlons :for the ensuini..sear -ii are 

considered." (Empha~ls added) 

..:,.. '.. 

Article 4484, v.,C. S., providesi In part: 

"The board of managers 'shall keep in 

a book provided for that purpose a proper 

record of its proceedings. . . The Board 

shall certify all~bllls &nd acaounts, lncladinn aalarles and wages, and transmITiT 

them to the commissioners court. who shall 

provide.for their moment in the same manner as other charnes against the aounty 

are Mid." (Emphasla added) 

follows: 

Article 4485, V. C. S., provides, in part, as 

"TJze superintendent b-11 be the chief 

executive officdr of the hospital,. but shall 

at all times be subject to the by-laws, 

rules and regulations thereof, and to the 

powers of the board of managers. 

'& &all, vlth the cons@nt of.the 

board of 'managers,.equlp the'hoepltal with 

all necessary furnitrire,,&ppllancea, fixtures and all other needed facilitieti for 

the care. and treatment~of patients; w 

for-the niie of offIcera and &plojies thereof;~snd~shall~ purchati6 all~'neoessdiy supplies,not exceeding the amount provided for 

such purposes by the commlesioners court 

"He shall dollect snd receive all 

moneys due the hospital;~&&ep an-hccurate.account of the *time, tieport the same 

at the monthlg meeting of the board of 

managers, and transmit the same to th6 

county collecgor wlthint ten 'days after 

such meeting. 

In the case'bf Commtssloners Oourt of Madisbn 

County v. Wallace, 118 Tex. 279, 15,S.,,W. ($!a) :535, the 

Supreme Court said: 

"The commlasloners co&t Is a crha-. 

tnre of the state constitution and its 

183 
184 110n. W. A. Hadden, page 4 (V-505) 

powers are limited and Ocintrolled by the 

constitution and the laws ab psesed by the 

legislature. Artle'lh'5, Section 18 of~the 

Constitution of Tex&s;'Btildvin v. Travis 

Couhty, 40 Texi Clv. A 

Seward v. Falls County "p' 

lgg, 88 s. W. 480; 

Tex. Clv. App.) 246 

3. W. 728; Bland v. Orr. 90 Tex. 492, 39 3. 

W. 558." 

It la .a well settled principle of law that the 

commleslonera court does.not 'have any authority except 

that which la expressly or Liuplledly conferred upon it 

by law. Edtibds County v;,.Jenni.ngs; 33 S. W. 385; 15 

C. J. 457, Sec.,103; 15 C..S. 537, +c. 221. 

"Where a power LS granted tind.the method of. Its ex&rclse~ls prescribed, the 

prescribed method exclirCLes all others, and 

must be followed.' LeHa SuthetilasnLStatTtLxIry T.d~~~~&~, W*.%, ?wl . 572, =yq ~, 

628,. 631. 

15 C. J. S. 935, 936, provides, in part, 3s 

follows: 

"The source of payment of compensation of county offlcers,~agenta; .and &mployees IS ordinarily regulated by conatltuMona1 and statutory pr~*lslon. ‘Under spme 

conatltatlonal and stetuttiry p~ovlslona 

such comp~nsatlon~lti payable only from the 

general fun+ in t@e cotu+y treasury, or 

from some special fund, or ftiom themfees 

and emoluments of the office; . . . 

It is noted In Article 44480, supra, that the 

board shall fix the salaries of'the Superintendent and 

all other officers and employees within the limits of 

the appropri&tlon made therefor b$ the Commlssionera 

Court and such salaries shall be compensation in full 

for all services rendered. 

The word 'salary" as defined in Webster's 

Hew International Dictionary is: "The recompense or 

consideration paid or stipulated to be paid to a per- 

'son at regular intervals for services, especially to' 

holders of official, executipe or clerical posItion*; 

fixed compensatlon,;egularly paid, as by the Year, quarter, month or week. 
Hon. W. A. Hadden, page 5 (v-505) 

We find in Words-and.P&ases 

lsalaq' may be.defined generally as a 

thist "the. word 

fired. aqnual or 

periodical payment for services, depending on the time 

and not on the amount of-the services .rendered.n. 

Since the statutes clearly provide that the 

board fix the salary of the Superintendent of the hoapltal, and that the Commissioners' Court shall pay the 

salary certified 'in the same mamer.as -other chargek 

against the county me paidI', and in view of the foregoing, It-la the opinion of this Department that the 

board of managers does not have the authority to employ a Superintendent of the County Hospital.and fix 

his salary on a contingent-.baals. Stated in Wother~ 

way,. ve.belleve that the board must fix the salary of 

the ,Superlntendent at a sum certain wltbln the limita 

of the appropriation made therefor by the Commlsslonera' Court. 

SUMMARY 

The Board of.Managers of the County 

Hospital la not'authorla6d to fix the 

Superinteudent1s~4alary on 8 contingent 

basis, based on the net.eernlngs of the 

hospital or income froni the o eratlon~theie-. 

Arts 4480 4484 and 4485’~ V C S * 

%. V, S&tion'l8, 0: the Texa: (&&t~~ 

tlon. 

Yours very truly, 

ATTOiUiE GEHRRALi OF TEXAS 

BA:mi Btiuce' Allen 

Assistant 

APPROVED: 

ATTORHEY GERERAL