Honorable Preston Pool Opinion NO. C- 463 

County Attorney 

Garsa County Re: Whether the Commissioners 

Post, Texas Court of Garza County may 

closk the doors and cease 

operating Garza Memorial 

Hospital and related quespear Mr. Pool: tlons. 

Your letter of June 16, 1965, requests ah opinion of 

this office as to the following questions: 

j'(1) May~the Commlasioner's Court of Garsa 

County close the doors and cease operating Garsa 

Memorial Hospital? Does it make any difference 

if this is with or without the consent of the 

Board of Managers? 

"(2) Does Garza County have authority to 

lease Its Count 

with (Article) 

Hospital organized in accordance 

t4 78 by virtue of Art. 4494h? 

"(3) Does Garza County have the power to. 

,sell or lease its oounty hospital under Article 

4494j?” 

It IS an established rule that the Commlssloner's 

Court Is a caurt of limited jurisdiction and has only such powers 

as 'are conferred upon It by statute and the Constitution by express terms or by necessary Implication. Chlldress County v. 

State, 127 Tex. 343, 92 S.W.2d 1011 (1936);,UonRosefibeFg 

Love't7t, 173 S.W. 508 (Tex.Clv.App. 1915, error ref 

-280 S.W. 289 (Tex.iXv.App. 1925). No atatutoPy *'; ==e or cons l- 

-onal provisions may be found which confer either expressly 

or by implication; power upon the Commissioner's Court to close 

the doors or cease o 

t 

eration of a hospital established under provisions of Article 4 78, Vernon's Civil Statutes, with the exceptions of lease or sale of said hospital. Article 4478 provides 

in part: 

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. . 

Hon. Preston Pool, page 2 (C-463) 

.At Intervals of not less than twelve 

months; ten percent of the qualified property 

tax paying voters of a county may petition such 

court to provide for the establishing or enlarging 

of a county hospital, in which event said court 

within the time designated in such petition shall 

submit to such voters at a special or regular 

election the proposition of issuing bonds in such 

aggregate amount as may be designated In said 

oetltlon for the establishing or enlarging of 

such hospital. Whenever any-such proposition 

shall receive a majority of the votes of the 

qualified property,tax payers voting at such 

election, said commissioners court shall establish and maintain such hospital. . . ." 

(Emphasis added). 

Article 4478 by mandatory language, requires the 

Commissioners Court to maintain an established County hospital 

through designated powers granted within Article 447’8. No provision may be found in the statutes or Constitution which allows 

the Commissioners Court to.dlscontlnue maintenance of a hos 

established pursuant to a special election within Article & 

$1 

with the exception of lease or sale of said hospital. Neither' 

may the Board of Managers cease such operationas Article 4480 

grants said Board power to make rules and regulations for carry- 

.lng out the purposes of the hospital with no spedlfic power to 

cease operations. 

According to the last preceding Federal Census, the 

population of Garza County was 6,573. The Commissioners Court 

of Garsa' County has authority to lease ItsCounty Hospital under 

provisions of Article'4@4h, Vernon's CivilzStatutes, which provides as follows: 

'Any county in this State having a population 

of not less than five thousand (5,000) and not 

more than ten thousand, three hundred and ninety 

(10,390) Inhabitants according to the last preceding Federal Census, shall have authority. to 

lease any county hospital belonging to said county 

to be operated by the lessee of same under such 

terms and conditions as may be satisfactory to 

the Commissioners Court of said county and the 

lessee. The action of the Commlssloners Court 

in leasing such hospital shall be evidenced.by 

order of the~.Commissloners Court, which order 

shall be recorded In the minutes of said Court." 

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IIon. Preston Pool, page 3 (C- 463) 

In 1964 Garza County had an assessed valuation for 

State and ad valorem tax purposes of $14,984,753. The Commissioners Court of Garza County has the authority to sell its 

county hospital under provisions of Article @Q&j, Vernon's 

Civil Statutes, whkch provides as follows: 

"Any county in this State havingan assessed 

valuation of property for State and ad valorcm 

tax, purposes of less than Twenty Million Dollars 

($20,000,00) and having a county hospital belonging to said county and operated by such county, may, 

and such county is hereby authorized to sell or 

lease such hospital, provided the Commissioners 

Court of such county shall find and determine by 

an order entered in the minutes of such Court that 

It Is to the best interests of such county to sell 

or lease said county hospital. The proposed sale 

or lease shall not be considered by such Commlsstoners Court unlesti and until said proposed sale 

or lease shall be approved by a majority vote In 

an election to be held in such county for the purpose of determining the will of property taxpaying 

voters living in the county, in reference to such 

subject. Such election shall be ordered by the 

Commissioners Court of any such county upon petition of not less than ten per cent (lo,%) of 

such voters and shall be otherwise held under 

,and governed by the election provisions~ of 

Article 4478, Revised Civil Statute@,.,1925, of 

the State of Texas." 

It.ls our opinion that the Commissioners Court may 

lease the -county hospital under provisions of Artlcle.4494h. 

Said court inay lease .or sell the county.hospStal within the 

provisions of Article #$+j, Vernon's Civil Statutes. 

SUMMARY 

Th6 Commissioners Court of Garza County does 

not have'power to cease operations of the Garza 

County Hospital established under Article 4478, 

Vernon's Civil Statutes. The Commissioners Court 

of Garza County has authority to lease its County 

Hospital in accordance with.Artlcle &&g&h and to 

sell or lease its hospital in accordance with 

Article 4494j, Vernon's Civil Statutes. 

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Ron. Preston Pool, page 4 (C-463) 

Very truly yours, 

WAGGONRRCARR 

Attorney General 

By: 

Gordon Houser 

Assistant 

GH:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

R6y Johnson 

John Reeves 

Gordon Cass 

Paul Phy 

APPR+DBFORTiTtA~= GENERAL 

BY: . . 

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