Honorable Sim W. Goodall

County Attorney,Hall County County Courthouse Memphis, Texas OpinionNo. W-1113
Re:

Dear Mr. Goodall: Authority of Commissioners Court to purchase existinghospital facilities for use as a county hospital; authority of Commissioners Court to employ counsel; authority for the creation of a hospital district in Hall County.
Your letter of July 12, 1961, requests our opinion on the following six questions.

"#l

. Is the commissionerscourt authorized to purchase existing hospital facilitieswith the proceeds from the sale of the hospital bonds? "#2. Is the commissionerscourt authorized to employ an attorney at the rate of $20.00per hour to Investigate the problems with regard to the constructionof a County Hospital and to advise the court on legal issues? This legal fee to be paid by the county.

“#4. Is it practical or legally possible to establish a hospital district within the boundaries of this county thisyear?Honorable Sim W. Goodall,page 2 (WW-1113)

"#5. May the commissioners court delay the constructionof a county hospital until such time as a hospital district is established? "#6. Are the tax consequencesand other facts stated in the inclosed FINANCIAL ANALYSISprepared by the attorney employedby three of the commissioners correct?" The powers of CommissionersCourts in regard to countyhospitals are found in Article 4478, Vernon's Civil Statutes. Expltcit power to "purchaseor erect all necessary buildings, as is set out in that article, seems to us the clearest of authority for the purchase of existing hospital facilities.

In answer to your second question,we are of the opinion that the employment of an attorney in this Instance was authorized. While a Commissioners~courtmay not retain an attorney for general legal services, it may employ an attorney for service in a particularmatter that is of unusual public importance. AttorneyGeneral'sOpinionsNos. O-7474 (1946),O-4995 (1942 ; O,-1372'(1939); Gibson v. Davis, 236 S.W. 202 (civ.App. 1921 Sec. 48. I; 15 Tex.Jur.2d 277, Counties,

Fees for such legal services shouldbe paid from the county's General Fund. Attorney General'sOpinions Nos. O-4955, O-1372.

Your fourth and fifth questions relate to the establishmentof a hospital district in-Hall County. According to the United States Census of 1960,Hall County'spopulation Is 7,322. Legislationpermitting the creation of hospital districts does not apply to counties with a population of less than 190,000, other than Galveston County. Article '4494n,

Vernon's Civil Statutes; Texas Constitution, Article IX, Section 4. Although specialprovisions for the establishmentof hospital districts in certain specified countieshave been enacted in recentyears, Hall County is not one of those so favored. Texas Constitution,Article IX, Sections 5, 6, 7 and 8.

Your sixth question is not within our province. This office is authorized to render opinions on questions of law only.-. -

Honorable Sim W. Goodall,page 3 (WW-1113)

SUMMARY The CommissionersCourt of Hall County is authorized to purchase existinghospital facilities for use as a countyhospital; and to employ an attorney for the specialpurpose of advising the Court in regard to legal matters relative to the constructionof such countyhospital. Fees for such legal services shouldbe paid from the county'sGeneral Fund. No authority exists for the creation of a hospital district in Hall County.
Yours very truly,
WILL WILSON AttorneyGeneral of Texas

GH:lgh BYGilbert Hargrave Assistant
APPROVED:
OPINION COMMITTEE W. V. Geppert, Chairman
Pat Bailey Howard Mays Jack N. Price Dudley McCalla
REVIEWED FOR THE ATTORNEYGENERAL BY: Houghton Brownlee, Jr.