Honorable Preston Pool OpinionNO. C- 463

County Attorney Garsa County Re: Whether the Commissioners Post, Texas Court of Garza Countymay 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 followingquestions:

j'(1) May~the Commlasioner's Court of Garsa County close the doors and cease operatingGarsa 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 hospitalunder Article 4494j?”
It IS an establishedrule that the Commlssloner's Court Is a caurt of limited jurisdiction and has only such powers as 'are conferredupon It by statute and the Constitutionby 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 

### or cons l-

*'; ==e -onal provisionsmay be found which confer either expressly or by implication;power upon the Commissioner's Court to close the doors or cease oteration of a hospital establishedunder provisions of Article 4 78, Vernon's Civil Statutes, with the exceptions of lease or sale of said hospital. Article 4478 provides in part:

-2203-. . Hon. Preston Pool, page 2 (C-463)

.At Intervalsof not less than twelve months; ten percent of the qualified property tax paying voters of a countymay 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 specialor regular election the propositionof issuingbonds in such aggregateamount as may be designatedIn said oetltlon for the establishingor enlarging of such hospital. Whenever any-suchproposition shall receive a majority of the votes of the qualifiedproperty,taxpayers voting at such election, said commissionerscourt shall establish and maintain such hospital.

. . ." (Emphasisadded). Article 4478 by mandatory language,requires the Commissioners

Court to maintain an establishedCounty hospital throughdesignatedpowers grantedwithin Article 447’8. No provisionmay be found in the statutesor Constitution which allows the Commissioners

Court to.dlscontlnue maintenanceof a hos establishedpursuant to a special electionwithin 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 regulationsfor carry- .lngout the purposes of the hospitalwith no spedlficpower to cease operations.

According to the last precedingFederal Census, the populationof Garza County was 6,573. The CommissionersCourt of Garsa'

County has authority to lease ItsCounty Hospital under provisionsof 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) Inhabitantsaccordingto the last preceding Federal Census, shall have authority. to lease any county hospitalbelongingto said county to be operated by the lessee of same under such terms and conditionsas may be satisfactory to the CommissionersCourt 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."

-2204-IIon. Preston Pool, page 3 (C- 463)

In 1964 Garza County had an assessedvaluation 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 provisionsof Article @Q&j, Vernon's Civil Statutes,whkch providesas 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 operatedby such county, may, and such county is hereby authorizedto 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 interestsof such county to sell or lease said county hospital. The proposed sale or lease shall not be consideredby 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 determiningthe will of property taxpaying voters living in the county, in reference to such subject. Such election shall be orderedby the CommissionersCourt of any such countyupon petition of not less than ten per cent (lo,%) of such voters and shall be otherwiseheld under ,and governed by the electionprovisions~ of Article 4478, Revised Civil Statute@,.,1925, of the State of Texas." It.ls our opinion that the CommissionersCourt may lease the -county

hospitalunder provisionsof Artlcle.4494h. Said court inaylease .orsell the county.hospStal within the provisionsof Article #$+j, Vernon's Civil Statutes.
SUMMARY Th6 CommissionersCourt of Garza County does not have'power to cease operationsof 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 accordancewith.Artlcle&&g&h and to sell or lease its hospital in accordancewith Article 4494j, Vernon's Civil Statutes.

-2205-Ron. Preston Pool, page 4 (C-463)

Very truly yours, WAGGONRRCARR AttorneyGeneral

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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