GENE-L 

### EA ORNEY

OF EXAS
AUSTIN ax. TEXAW WILL WILSON July 31, 1962
HonorableJack Fields CountyAttorney OpinionNo. WW-1409 Calhoun County Courthouse Re : Authority of County CommisPort Lavaca, Texas sioners' Court to expend tax funds for the construction and maintenanceof a chapel in connection

with a county hosDear Mr. Fields: pital.

Your request for opinion on the above captionedquestion reads in part as follows:

"CalhounCounty in 1948, by the employment of local tax funds and Federal funds c constructed a County Hospital in the City of Por Lavaca, Texas. "This hospitalwas expanded in 1952, and in 1961 an additional$700,000.00in bonds was voted for a three-story

addition,which work is now in progress. "'Ihe originalplan of the new structureprovided for a chapel for family use and ministerial services,as is customarily provided in many hospitals. The constructionof this chapelhas not been authorizedby the Court and its approvalhas been postponeduntil sufficienttax funds are made availableand all questionsas to legality of such expenditures

are determined. ,t

. . . "It is for that reason we request a ruling as to whether or not a Commissioners Court is authorized to expend tax funds for the construction and maintenanceof a chapel as a part of County Hospital service." This office has previouslyconsideredseveral situations, cited below,where chapelshave been constructed with private funds and placed as instrumentalities of various state institutions,

but we have heretoforenot been requested to rule_I

Honorable Jack Fields, page 2 (WW-1409)

on the situation

wherein public funds are to be used for constructionof a chapel or other building to be used as a of worship.

Section 6 of Article I of the Constitution of states as follows:

"All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall, -Q attend, erect or SUDDOrt anv e co place of worshin, or to mainta anv ministry minst hi c nsent. No human authority ought, in any casZ w:atever, to control or interfere with the rights of consciencein matters of religion,and no,preferenceshall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religiousdenominationin the peaceableenjoymentof its own mode of public worship." (Emphasis added) Section 7 of that Article states: "No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theologicalor religious seminary;nor shall D wertm to the State be aww wriatedrgor anv such wurnoses." L(Emphasis

ad%d) place
.
Texas

You will note that Section 6 refers to "an place of worship
. . .I1 In the case of Church v. Bullock, 10 c Tex. 1, 109 S.W. 115 (1908),the Supreme Court stated at page 118:

11

. . . As used in the Constitution the phrase 'placeof worship' specifically means a placewhere a number of personsmeet togetherfor the purpose of worshipingGod. N.C. 492. State v. Swink, 20

The CenturyDictionarygives this definition: 'A building or part of a building set apart for any purpose--as a place of worship.' The worship of God is not prohibitedin any place, but we are of the opinion that the spirit of the Constitution

would include any place at which the worship might be indulged in so continuously and in such a manner as to give it the characterof 'a place of worship.' BuildingsHonorableJack Fields, page 3 (WW-1409)

erected and maintainedbv the state cann t be used for such wuroose& We do not underiake to state any rule as ti what will constitute a 'placeof worship.1 That must necessarily depend upon the facts of each case. . . .I1 CEmphasisadded) Black'sLawDictionary (4thEd. 19511, definesworship in the following language:

"Any form of religious service showing reverencefor Divine Being, or exhortationto obedienceto or following of the mandates of such Being.
. . .It In Attorney General's OpinionsNos. V-940 (1949)and :S<i-1269

(1962)this officewas questionedas to the legality of a PriVatelVfinanced chapel and religiousbuilding on two state college campuses. Such facilities were approved,but please note that no state or county funds were to be used in the construction or erection thereof.

We are constrainedto hold that the Commissioners' Court of Calhoun Countymay not expend tax funds for the constructionor erectionof a chapel in the county hospital. Such expenditure

would be in violation of Section 6 of Article I of the Constitution

of Texas. 

### SUMMARY The Commissioners' Court of Calhoun County may not expend tax funds for the construction and maintenanceof a chapel in connection with a countyhospital. Very truly yours, WILL WILSON Attorney General of Texas

FDW:mkh:wb 

# &&g&q

Fred D. Ward AssistantHonorable Jack Fields, page 4 (WW-1409)

APPROVED: OPINIONCOMMITTEE W. V. Geppert, Chairman L. P. Lollar Sam Stone Grady Chandler REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore