OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

-c.Muln -c.- 

-- 

I 

Honordale A. J. Bryan. Jr: 

Criminal Cr~nal Dietriot Attorney 

JillSrboro, Jilllrboro, Texar 

Dear Sir: 

okanbtlm man 

neamst -railrailroad war 

em espeoially rlnoe 

lOOal OitieenD 

14 or 18 days an4 the bL11 wws l ubmitte4 to 

the oountr for payment. The OoantJr Auditar 

doer not knew whether te pue the bill icn 

payment or not olnae the partywae a tmnate&t, an4 the hospital wa8 not a publi0 

herpitsl. 

of 3w.00. 

.The ~oepital bill ~88 51% the sum 

Pull ownty harr P ooontr healthy 
officer but his dutlea 40 not ineludo aare 

fOl! pa\U>erEI. B April 1939 tha Comn&aaianer~s 

aourt of Will oouuty gave the County fudge 

authority to bind the oounty up to $2S.O0 tor 

hospitalization of paupera until a better 

arrangement oould be workad out. limo new 

ordera have been passed by the Court but the 

County Judge atates that~ the CoamS.aaionen 

hare giren hi.8 authority, Yerbally. to bind 

the Bounty for hoapitalixatlon of paapera 

not to erased a oertaln amount per day in 

lieu of the order thet ia of reoord. 

pneatioi: 

-1% tha county liable Sor the bill?* 

Vie restate your seoond Question ea followar 18 

a oount~ liable for hoapltal.fmtlon of any tranelent if he 

is e pauper and the county haa no public hoapital? 

Pe quote the order of the coaabslonera* Court 

bearing date April 84, lG99, as followa: 

veder lo. 196 April z4, 1939~ 

On Yotion of Colaarieaioner Teylor 

and aeaonded by Oollaisalomar %allaea, it la 

ordered that the County Judge ia dlreoted 

an4 authorized to expend up to #eS.Oa ior 

oharity patienta until a oetisfactory ;g 

may be worked aut for care of these. 

order to beeo~ effeotite of this date. 

*Coidasfonera Taylor, Watson, end UaUaoe 

present and voting *aye' Oosuaiaaioner Cliett 

absent. ,'. 

fudge Cowley, presidia&* 

Geotiona ll and 12 or titiole Z3Y1, Yernonfa annotated CS’oll Statutes, read8 sa iollowat 

"11. Provide for the support Of paupers 

and such idiots tmd lumtlca 8s ozmnot be ad- 

&tted intQ the lunatio a8yhSt, reaidenta of 

their county, who are unable to support thesee1ves. By the tema resibent aa used herein, 

la mmnt a pensoon who has been a bona fide 

inhebltant of the ooustty not lose thm air 

mmths and of the State not less then arm 
&W&l-. 

“12. X’rorfde for the burial oi pat~pere.~ 

,,rtl%la 4438, Vern0n*s xUlotattd Ctrll Statutes, 

rucrds a5 followa: 

“3 shera is a regular tatebl5shad 

gublie hosgital In the oormty, the wmiavionerr wurt ohail grovid% for aending 

the :nbii;eflt sfok of the oounty to such 

hoapltsl. Ii aore than one au%h hospital 

dXi8ts tz the Ooanty, the Indulgent patlrnt 

shali haye the right to oalect whioh one 

0r thsn hs shall be seat to.- 

IB the aa. of yiillaay County Y. Yczllep Baptlat 

Eiospltal, et 81. 89 $. W. (ed) 484, the faotr wre aubaru\tIally a.6 ro1m; 

'On a aert0In night In Suly, 1029, a 

person by the n&se of Rafael !&rbosd, a 

ri+Sidtsnt 31 tilllaoy CeUnty, was atruok by 

an outoioabile, sad usrloasly injured. He 

lay wmnded by the roadaide the rearaS.n4er 

of thenIght. The next wrniag his aonditlon ~8s Biscovend by the Sheriff of WlUaey 

County, who in tarn called the County Jady, 

who direoted that all &moassary aedloal aid 

be given to the injured yn, stating that 

tha eoontg wzmld ‘mp th4 urpenaoa. T3w 

sheriff thereupon oaXLad Rr. id%Cana, a looal 

phgeioian, who upan 4xaimS.ntatlon ot .the l.nJPp34 

man caneluded that UL operatIo* was n%oeaaary* 

There wea no hospital in WfIlaoJr Countf and 

the sherirf, eeceqpanled bp Dr. McIccana, rushed 

aarbosa to the'Vall;ey Baptist Iioapltal at 

&rlingen, in C~rrieroa Oount~, where aitother 

phyafcfen, vias oedbd in and yarrariaed an 

operation. A few days later Barbosa died as 

r~..nault of hls Injuries. Aftcsrward th6 tar0 

physfaiam'srrd the hbapital filed Clailu 

against the 6ount$,for thirty dollare, One 

htmdred and fifty bolltrra, Tad %i@tf-tie 

d~lililrs, rcape&tital~, tm tbdr reea f;hzb. 

etrvlaes rendhred~bg thea to Barboaa. 

oountg oodaa~~nera* court rejeota4 these 
Honortible I.. J. aryan, Jr., Page 4 

olaIm, and the claimants each riled suit 

against i%Illecy County, In a juetioe of the 

peaoe oourt. The three suits were oonsolidated 

and judgment was rendered in revor of the 

piaa+irrs r0for the 4imount 0r their respeotive 

olalnls. On eppeal to the County Court e like 

judgaent was rendered upon a dlreoted verdlot, 

aad Mlleog County appealed. The Judgnmnt was 

based upon the aaaumptlon that Barboea ua6 a 

peuper and therefore suoh a charge upon the county 

a8 to render It the duty of the latter ta furnish 

hia the aervloes for whioh the suit was brought; 

end that the Comfy Judge was olothed wlth authority to bind the oounty with his agreement to pay 

for such servloes, although It we8 ooaeldersd that 

the oommle6lonere~ court as a body, or the oommlsaloners individually, had taken no action to 

deolare Barbosa e pauper or to authorize thei 

Couuty Jadge to so bind them, end no such matters 

had ever been presented to them, WlUeog County, with 

but a llttle population, had no pub118 or private 

hospital, suoh as are being o.mreted in oountles 

or large population. 

The judgmsnt or the CoMty Court nes reversed 

and rendered. 

#a quote fmm the above nentioned oeee ee follows: 

"The powers ad dutle8 of ootanty eosmI#- 

sionexs' courts, end the obligation8 or the 

oountles to pauper8 are ifsed by statute, and 

oeauot .ha enlarged upon by uaneoesuary lmpllcetion. Thee6 powera and duties, in SC far es 

epplioable here ere defined in and restrioted 

by the protleions of Artiales 8351 and 443fb, 

Bevloed Statutea, 19E5. fn Artlole 2861 it is 

ravided that eaah eoumLeelonersV court shall 

7 subdivision 11) ~provide for the support of paupera 

* * * residents ar their county, rb am unebh 

to support themeelves*, end (eabdivlsfon ZS) 

*ror the burial of paupera*. Snhrtlele4G8 

it is provided that *if there is a regular 

established pt%blla hospital in the ootmty, the 

oompLissioners’ oourt shall prorid? ior sending 

the ladlgent slok * * * to SUOQ hospital'. In 

the latter pro~lslon the duty end the authority 

or the ooemissioners* ~ootarto send the Indigent 

siok tQ hospital8 la limited to publlo hospitals 
Honorable A. 3. aryan, Jr.. ?age 5 

within the county, whioh provision, by 

ncoeseary Lnplloatlon erolnder any duty 

or authority to send euoh persons to 

private hos2ltels, or to pub110 hospitala 

without the oounty. Even if Eierbosa wes 

within the ohes deflnsd a8 'lndi@nt alok,' 

ths ooamiasloners* oourt as a body, muohleas 

:~d~~%c&% da::&? ::t%%%f t~?o%%f 

Berbosa to a hoepltal, either pub110 or private, 

outside the county. 

rt: * ** Under the provLolona of~iirtlolo 

4438, the oounty wee under PO duty to send 

Rarbose to any hospltel, tlmrs bsing 8~ publio 

hospital in the souaty, end under ths im,plleQ 

reotrlotlans or this provisIon it Is doubtf&L 

ii the oounty aould be bound ty the oomls- '. 

6loner8* tzourt, certainly not otheraim, to 

sand hlai to e hospital without t&t --sty, et 

pubZlc expense. 

n* 1 ~* . I 

xn view or the ioregokrg~authorltlas and the above 

8tated reots, questions Xon. 1 ~4 e, ‘aboie quoted, are reapeotfully answered in the negative. 

Trusting tha the fore(2ol.ag fuUy anmvers your laqolry, 

we toaela 

faurs very truly 

AW:BS 

mr 

Ardsll Willlems 

ABsiatdU¶t 

APPROVEIZAPR 15, 1940 

. 

ATTORNEY GENERAL OF TEXAS