Honorable Sim W. Goodall 

County Attorney, Hall County 

County Courthouse 

Memphis, Texas Opinion No. W-1113 

Re: 

Dear Mr. Goodall: 

Authority of Commissioners Court to purchase 

existing hospital 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 commissioners court 

authorized to purchase existing 

hospital facilities with the proceeds from the sale of the hospital 

bonds? 

"#2. Is the commissioners court 

authorized to employ an attorney 

at the rate of $20.00 per hour to 

Investigate the problems with regard 

to the construction of 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 this year? 
Honorable Sim W. Goodall, page 2 (WW-1113) 

"#5. May the commissioners court 

delay the construction of a county 

hospital until such time as a hospital 

district is established? 

"#6. Are the tax consequences and 

other facts stated in the inclosed 

FINANCIAL ANALYSIS prepared by the 

attorney employed by three of the 

commissioners correct?" 

The powers of Commissioners Courts in regard to 

county hospitals are found in Article 4478, Vernon's Civil 

Statutes. Expltcit power to "purchase or 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~court may not retain 

an attorney for general legal services, it may employ an 

attorney for service in a particular matter that is of 

unusual public importance. Attorney General's Opinions Nos. 

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 should be paid from 

the county's General Fund. Attorney General's Opinions Nos. 

O-4955, O-1372. 

Your fourth and fifth questions relate to the 

establishment of a hospital district in-Hall County. According to the United States Census of 1960, Hall County's population Is 7,322. Legislation permitting 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 special provisions for the 

establishment of hospital districts in certain specified 

counties have been enacted in recent years, 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 Commissioners Court of Hall 

County is authorized to purchase 

existing hospital facilities for 

use as a county hospital; and to 

employ an attorney for the 

special purpose of advising the 

Court in regard to legal matters 

relative to the construction of 

such county hospital. Fees for 

such legal services should be 

paid from the county's General 

Fund. No authority exists for 

the creation of a hospital district 

in Hall County. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

GH:lgh BY 

Gilbert Hargrave 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Howard Mays 

Jack N. Price 

Dudley McCalla 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.