P 

P 

Rouorable B. F. Hicks 

Franklin County Attorney 

P. 0. Box 787 

Mt. Vernon, Texas 75457 

Opinion No. JM-768 

Re: Whether a water district may 

contract with a commissioners court 

to place an ambulance and emergency 

medical facilities at a lake owned 

and operated by the water district 

Dear Mr. Hicks: 

You ask two questions which we set out following: 

1. Can the Franklin County Water District, a 

conservation and reclamation district created by 

act of the Texas Legislature as authorized under 

Article XVI, Section 59, of the Texas Constitution 

and also governed by the general law concerning 

water control and improvement districts. lawfully 

make a donation of money from the general 

operating fund of the Franklin County Water 

District to the Cormeissioners Court of Franklin 

County, said money to be used for the purchase of 

an ambulance to be owned by Franklin County 

Bospital, said hospital being owned. by Franklin 

County, Texas? 

2. Can the Franklin County Water District, the 

Commissioners Court of Franklin County, and the 

Franklin County Hospital enter into an agreement 

pursuant to the Interlocal Cooperation Act 

(Article 4413(32c), V.T.C.S.) pursuant to which 

Franklin County Water District will pay a sum of 

money to the Commissioners Court of Franklin 

County in exchange for which Franklin County 

Hospital would agree to place an ambulance and 

emergency medical technicians at Lake Cypress 

Springs, which is owned and operated by Franklin 

County Water District in Franklin County, during 

specified days of the year? 

The Franklin County Water District is a water control and 

p. 3599 
Eonorable B. F. Hicks - Page 2 (JM-768) 

improvement district created by the legislature pursuant to article 

XVI, section 59, of the Texas Constitution. Acts 1965, 59th Leg., ch. 

719. at 1668. See also Acts 1971, ,62d Leg., ch. 354, at 1330. The 

water district is a political subdivision of the state. Acts 1965, 

supra. The district derives its powers at large from the constitution 

and specifically from the statutes governing the particular duties it 

is to discharge. Franklin County Water District V. Majors, 476 S.W.2d 

371, 373 (Tex. Civ. App. - Texarkana 1973, writ ref'd n.r.e.); see 

generally Attorney General Opinions JM-258 (1984); M-171 (1967). - 

The district may exercise either those oowers which are exoresslv 

delegated to it or -those that are clearly'implied from the express 

powers. Tri-City Fresh Water Supply District No. 2 of Harris County 

v. Manor. 142 S.W.2d 945, 946 (Tex. 1940); Lower Nueces River Water 

Supply District V. Cartwright, 274 S.W.2d 199, 207 (Tex. Civ. App. - 

San Antonio 1954 writ ref'd n.r.e.1. Implied oowers are those that 

are "indispensable to the accomplishment of the purpose" for which the 

political subdivision was created; powers "merely convenient" or 

"useful" cannot be implied and may not be assumed by the subdivision. 

Tri-City Freshwater Supply District No. 2 of Harris County, supra, at 

947. (Emphasis'added). 

The act creating the district authorizes it t@ exercise the 

following powers, privileges, and functions, among others: 

(1) To control, store, preserve and distribute 

its waters and flood waters, the waters of its 

rivers and streams, for all useful purposes and to 

accomplish these ends by all practicable means 

including the construction, maintenance and 

operation of all appropriate improvements. plants, 

works and facilities, the acquisition of water 

rights and all other properties, lands, tenements, 

easements and all other rights necessary to the 

purpose of the organization of the District. 

(2) To process and store such waters and 

distribute same for municipal, domestic, 

irrigation and industrial purposes, subject to the 

requirements of Chapter 1, Title 128. Revised 

Civil Statutes of Texas, 1925, as amended. 

(3) To dispose of property or rights therein 

when the same are no longer needed for the 

purposes for which the District is created or to 

lease same for purposes which will not interfere 

with the use of the property of the District. 

(4) To cooperate with and contract with the 

7. 

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Honorable B. F. Hicks - Page 3 (JM-768) 

State of Texas, the United States of America, or 

with. any of their departments or agencies now 

existing, or which may hereafter be created, to 

carry out any of the powers or to further any 

of the purposes of the District and, for such 

purposes, to receive grants, loans or advancements 

therefrom. 

. . . . 

(6) To exercise all functions to permit the 

accomplishment of its purposes including the 

acquisition within or without said District of 

land, easements, and rights-of-way and any other 

character of property incident to, or necessary in 

carrying out the purposes and work of the District 

by way of gift, device, purchase, leasehold or 

condemnation. . . . 

(7) To do any and all other acts or things 

necessary or proper to carry into effect the 

purpose for which the District is created as 

organized. 

Acts 1965, 59th Leg., ch. 719, 14 at 1671-72. 

Chapter 51 of the Water Code governs the operation of the 

day-to-day affairs of the district. See Water Code 4951.121-51.194. 

A district may purchase machinery Gded in the operation and 

maintenance of its improvements. Id. at 551.126. - 

Finally, the district may undertake activities in support of 

public recreation cn its properties. Specifically, it may 

(1) acquire land for public recreation; 

(2) construct facilities for public use on 

land acquired for public recreation; 

(3) provide for the operation, maintenance. 

and supervision of the public recreation areas; 

(4) execute agreements with other local, 

state, or federal agencies for planning. construction. maintenance, and operation of public 

recreation facilities and necessary access roads; 

and 

(5) maintain adequate sanitary, standards on 

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Ronorable B. F. Bicks - Page 4 ' (JM-768) 

the land and water areas that are part of or 

adjacent to public recreation areas. (Emphasis 

added). 

Parks and Wild. Code 513.304. 

.You first ask whether the .district may provide money from its 

general fund to the Franklin County Commissioners Court for the 

purchase of an ambulance for the Franklin County Hospital, which is 

owned by Franklin County. You do not say how the ambulance will be 

used, or whether it will be for the exclusive use of the district, 

either to protect the health and safety of the district's employees, 

or the well-being of members of the public using the district's 

property for recreation. We assume that your question contemplates 

that the district will provide the entire cost of the ambulance. 

The district may provide for the health care needs of its 

employees. Attorney General Opinion O-4140 (1941). Likewise, it may 

provide for the operation, maintenance, and supervision of public 

recreation areas. sparks and Wild. Code §13.304(3). Given these 

powers, the purchase and operation of an ambulance by the district 

would be a proper exercise of its authority. An ambulance can perhaps 

be considered as a tool for providing first aid. Unlike a fixed 

health care facility, such as a hospital or clinic, it cannot be used 

for long-term care, or, indeed, for anything other than dealing with 

critical or life-threatening~emergencies, such as those that might be 

caused by construction or recreation accidents on the property of the 

district. 

We conclude that the transfer of district funds to the county for 

the purchase of an ambulance to be owned by the county's hospital and 

placed on the district property is permissible, so long as the 

ambulance purchased with the transferred money is used exclusively for 

a purpose lawful both to the district and the county. Article III, 

section 52. of the Texas Constitution prohibits the use of public 

money other than for public purposes. This section of the constitution bars a political subdivision from gratuitously granting its funds 

to another political subdivision. Harris County Flood Control District v. Mann, 140 S.W.2d 1098 (Tex. 1940); San Antonio Independent 

School District v. Board of Trustees of San Antonio Electric and Gas 

System, 204 S.W.2d 22 (Tex. Civ. App. - El Paso 1947, writ ref'd 

n.r.e.); Attorney General Opinions JM-220 (1984); JM-65 (1983); H-1170 

(1978). This provision would not prohibit the arrangement you have 

described to us, so long as it is carried out pursuant to an agreement 

that clearly indicates what public purpose is being served by the 

arrangement and that the district and the county each will derive a 

specific public benefit from the arrangement. The agreement must 

assure that the ambulance is under the joint control of both parties, 

and that it will only be used for. a purpose lawful to the district. 

p. 3602 
Honorable B. F. Hicks - Page 5 (m-768) 

See Attorney General Opinions JM-220 (1984); JM-65, JM-44 (1983); 

m60 (1979) (county may make its funds available to city for 

operation of the zoo) and H-413 (1974) (court authorized to contribute 

to construction of swinnning pool operated by school district). 

If ~the ambulance is not devoted to the exclusive service of 

health care of water district employees, health care of persons using 

the district's facilities, or both, then we do not believe that the 

district is authorized to provide funds to the county for its purchase. In other words, if the ambulance is not at the complete beck 

and call of the district for either the protection of its employees, 

or the health and safety of members of the public using the recreation 

areas maintained by the district, then the district would have no 

authority to purchase the ambulance, and it would likewise have no 

authority to provide money to the county to purchase one to be used 

for that purpose. Because the district has no authority to operate an 

ambulance service to protect the public at large, it may not make its 

funds available for that purpose, even if the grant is to another 

public body. Thus, if the district provides all of the funds.necessary for the purchase of the ambulance, the vehicle must be available 

for just the needs of the district. A contribution of some part of 

the cost of the ambulance would permit a proportionate dedication of 

the machine to the exclusive needs of the district. 

We caution, however, that any examination of the lawfulness of 

the activity proposed by your first question must also include a 

thorough consideration of what the county may lawfully do. An 

agreement between the district and county must be supported by 

adequate consideration to support the county's expenditure of public 

funds to operate and maintain the ambulance. An arrangement which 

requires the county to devote a part oft its ambulance service exclusively to the needs of one client raises questions about whether the 

county can ever receive a quid pro quo adequate-to satisfy the rule 

against transfer of public funds without receiving corresponding 

public benefits. While we are in no position to structure a bargain 

for the parties, we suggest that the district and county consider the 

absolute legal necessity of an agreement that provides adequate 

assurances of a suitably equivalent exchange of public funds for 

public benefits by both parties. 

You also ask about an apparent alternative method for meeting the 

health and safety needs of the district. You ask whether the 

Franklin County Water District, the Commissioners 

Court of Franklin County, and the Franklin County 

Hospital [can] enter into an agreement pursuant to 

the Interlocal Cooperation Act (Article 4413(32c). 

V.T.C.S.) pursuant to which Franklin County Water 

District would pay a sum of money to the 

p. 3603 
Honorable B. F. Hicks - Page 6 (JM-768) 

Commissioners Court of Franklin County in exchange 

for which Franklin County Bospital would agree to 

place an ambulance and emergency medical 

technicians at Lake Cypress Springs, which is 

owned and operated by Franklin County Water 

District in Franklin County. during specified days 

of the year? 

Our answer to this question is in the affirmative, and stands 

apart from our answer to the first question. As we noted above, the 

Parks and Wildlife Code permits the Franklin County Water District to 

operate and maintain recreation areas. The district may "execute 

agreements with other local, state, or federal agencies for planning, 

construction, maintenance and operation of public recreation areas." 

Parks and Wild. Code §13.04(4). Thus, it would be appropriate for the 

district to enter into a contract with Franklin County for the 

provision or services necessary to provide for healthy and safe 

recreation areas, so long as the county can lawfully be a party to 

such a contract. 

The Interlocal Cooperation Act, article 4413(32c), V.T.C.S., also 

permits the kind of agreement contemplated in your question. See art. 

4413(32c), 54(b). So long as all of the parties to an InGlocal 

cooperation agreement are authorized to provide the services contracted for, such an agreement would be lawful. 

We note that a county has the power both to provide for a 

hospital, see article 4478, V.T.C.S.. and to appropriate and spend 

money fromthe general revenues of the county for health and sanitation. This power specifically includes the power to operate an 

ambulance service in the county. Attorney General Opinion C-772 

(1966). Any expenditure of county funds must not be contrary to 

article III, section 52. of the constitution. See Attorney General 

Opinion J&191 (1984). In other words, each party to the contract 

must receive adequate consideration for its expenditure. 

SUMMARY 

The Franklin County Water District, a 

conservation and reclamation district created 

pursuant to article WI, section 59, of the Texas 

Constitution, may provide funds to Franklin County 

for the purchase of an ambulance, if the ambulance 

will be used exclusively in furtherance of a 

lawful purpose of the district. Such lawful 

purposes are: protecting the health and safety of 

the .district employees and providing for safe 

public recreation on the'district's property. The 

district may enter into an agreement with Franklin 

p. 3604 
Honorable B. F. Hicks - Page 7 (~~-768) 

County and the county hospital to place an 

ambulance and emergency medical technicians on the 

district's property at certain times in order to 

protect the health of district employees and the 

general public using ~the district's property for 

recreation purposes. Parks and Wild. Code art. 

13.03(4): V.T.C.S. art. 4413(32c). 

Very/truly y0urj.j 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE STBAKLRY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Don Bustion 

Assistant Attorney General 

p. 3605