PRICE DANIEL

*TrORNEY GENERAL

Hon. Qeorge L. Murphy County Auditor Johnson County Cleburne, Texas February 26, 1948 opinion No. v-.510
R0: Authority of CommIsslonersl Court to tr8nsfermoney from the~&nsral Fund for the operation and malnt,enance

of,a county hospital.

Dear Mr.',Murphy:

Ycgr request for an opinion of this Department is substantiallyas,follocs:

"On the 9th day of ihxly'19l&6, Johnson County-voted to issue bonds<for the purpose of providing funds for purchasing a site, and establishingand constructing and equip; ing a County Hospital; and to,+wy a tax for .thepurpose of paying the lnter&st.~on said bonds, and to create a 'aInkIngfund' for the redemption thkreof at maturity.

"Ro.tax levy for maintenance was~ineluded 5n the'foregoingproposition and ,thlsquestion was not passed on by.the voters, and as a result no finds 'Were pro- 'vide,d for operating andmaintaining the Hospital.
*On the 23rd day ~ofAugust 1947, a majority-who participated in the election, voted to re-allocate the Constitutional Funds of the County-raising or increasing the tax for the General Fund from 2.5cents to 30 oents on the $100.00 valuationfor county purposes.
"And on January.13, 1948, the Commisslonero' Court adopted an order authorizing an appropriationin the amount of $lO,OOO.OO out of the General Fund to the Board of Mana-Hon. George L. Murphy,page 2 (V-510)

gers of the JohnsonCounty Hospital to be used for the operation crmaintenance of said Hospital.
"Since the Courthas~issuedthe,order directing the transfer, the Board of Manageremay call upon me at any time now requesting that a County giarrant fcr $lO,OO$I.-

, 00 be written and delivered tc them, and 'shallappreciate it verymuoh if ycu willadviseme at once if fundsmay be legal!g transferredfrcm the GeneralFund to the 3oard of hanagers for the operaticn and maintenanceof the JohnsonCounty Hospital.'
Article 4478, V. C. S.; provides as follows:

"The commissionerscourt of any county shallhave power to establish 'acountyhospital and to enlarge sny existinghospitals for the care and illness:,disease or injury, subjectto the provisions of this. chapter. At intervalsof not less than twelvemonths, ten per cent of the qualifiedproperty tax payingvoters of a countymay petition such court to provide for the establishingor enlarging of a countyhospital', In which event said courtwithin the time designated in such petition shall submit 'to.such voters at a special or regular election the proposition of issuingbonds in such aggregate amount asmay be'designated in said petition for the establishing or enlarging of such hospital. Whenever any such prvposition shall receive amajcrity cf the votes of the qualifiedpronerty tax payers voting at such election, said commissioners ccurt shall establish andmaintain suchhospital and shallhave the followingpowers:
"1. To purchase and lease real property therefcr,~oracquire such real property, and easements,therein, by condemnationproceedings

. "2

. To purchase or erect ally necessary buildings,make all necessary improvements and repairs and alter any existingbuildings,Hon. George L. Murphy, page 3 (V-510)

for'the use of said hospital. .The plans for such erection alteration,or repair shall first be'ao-rovedby the State Health Officer, if his approval is requested by the said commissicnerscourt.

“3. To cause tcbe assessed, levied and collected, such taxes upon the real and personal prcper::: c.wnedin the county as It shall daem necessary to provide'the funds for the maintenance thereof, and for all otlner necessaryaxpenditures therefor.



### “4. To issue county bonds to provide funds for the establishing,enlarging and equip>in3 of said hospital and for all other necessary permanent l-nprovements in connection therewith;to do all other things that may be requiredby law in order to render said bonds valid.

"5. To appoint a board of managers, for said hospital.

“6. To accept and'hold in trust for the county, any grant or devise.of land; or ' L sny gift or bequest of money or other personal property or any donation to be applied, principal or income or both, for the ~benefitof said hospital, and apply the same in accordancewith the terms of the gift."

In the case of Seydlerv. Border, 115 S. W.~ !:;I 702, Article l&78 was held to be constitutional;
as F.necessary part of the right and power to estabiish a hospital, the right to levy taxes fcr the maintenance thereof was authorized.

. . Article 4479, V. C. S., requires the Commissioners' Court, after it shallhave acquired a site for such hospital and shallhave awarded contracts,for the necessarybuildings and improvements thereon, to appoint six resident property tax payins citizens cf the county who shall ccnstitute a Board of Managers of the hospital.

Article agO, V. C. S., prescribes the powers of the Board of hsnagers and provides for the appointment of a Superintendent for suchhospital. Certain,.

Hon. George L. Murphy, page 4 (V-510)

duties of the Board are enumerated in Article 4.484, V..

. c. s., which reads In part, as follows:

w

. . .Theboard shall certify all bills and accounts, including salaries and wages~

and transmit them to the Commissioners Court,whc shsll provide for their payment in the samemanner as other charges against the county arepaid.
"Theboard of manage<? shallnuke to the commissioners court annually,and at such times as said court shall direct, a detailed report of the operationofthe hospital dispensaries and school during the year, showing the number of patients received and the method and results of their treatment, togetherwith suitable recommendati0nsand such othermatters as may be required of them, and shall.furnish full and detailed estimates 'ofthe appropriations required during the ensuingyear for all purposes, includingmaintenance, the erecticn of buildings,repairs, re-~ newals, extensions, improvements,betterments or other necessarypurp0ses: Id."

Article 4485, V. C. S., provides in part:
"The superintendent shall be the chief executive officer of the hospital, but shall at all timesbe subject to the by-laws, rules and reguletions thereof, and to the powers of the board of managers.
"He shall, with the consent of the board of managers, equip the hospital with all the necessary furniture, appliances, fixtures and all other needed facilities for the care and treatment of patients, and for theuse of offic.ers and employees thereof, and shall purchase allnecessary supplies,not exceeding the amountprovided for such purposes by the commissioners court."
This Department in OpinionNo. O-6433, dated
JUIY 

### 24, 

### 1945, held as follows:.

hon. George L. Murphy, pai::e 5 (V-5'10)

"'With reference tL ycur I.ncu;ry ts to the.levy of taxes fof themaintenance of the hospital, we point out thatunder the provisicns of Art. 4478, a county ccmmissicners' court is authorized to establish a hospital, and in connectionwith said authority, the conuniss!cners' court is empowered, under subdivision 3, Art. l$7fAko levy taxes for the maintenance

. Also we point out that all expenditures for said hospital should be made in conform'tywith the countybudget and authorized amendments thereto, and all accounts should be allowed by the commissioners' court in the samemanner that other accounts against the county are allowed."
Inasmuch as the Commissioners'Court autllorized an appropriation in an amount of $lO,OOO.OO for the Johnson County Hospitoi, it is assumed that the same was provided for in the county budget.

It will be seen from the foregoing statutes that cuthoritg is vested in the aoard of kianegersand the Superintendent of the hospital to incur necessary expenditures for the operation and saintenance of a hospital in a sum "not exceeding the amountprcvided for such purposes by the~Commissicne!s'Court." 2The Countv Treasurer could not issue warrants in coyment thereof until the Commissioners' Court has approve!! the same for payment in the same manner as other chaqes against the county are pal4. AlthcuTh themanagement cf a county hospital Is vested in the Soar.3cf.mann!;.ers, the bommis* aloners' Court nest anprove all scccunts.

The money.allocated by the Comlissicners' Court, pursuant to the statute for supnort and maintenance of the hospital, cannotbe transferred to the Board of Managers, as it remains in the.custody of then County Treasurer to be paid out on order cf the bommissioners' Court must approve all accounts.

The money allocated by the Commlss~oners' Court, pursuant to the statute for support and maintensncc of the hosnita~l,cnnnot bo transferred to the :'op~x of !&anaFe-+

o IL) as it remains in the c.:?~~dycf the i'ounty'Treasurerto be paid out on orders ~zfthe Uommissioners' Court. Therefore, it is the acinion of this. . I.

Hon. George L. Murphy, page 6 (V-516)

department that the cost of operation and maintenance of the countyhospital wouldbe payable from the "enera ' Fund of Johnson County,but the Commissioners1Court would not be authorized to transfer funds directly to the Board of managers.

SUMMARY

‘TheGeneral Fund of Johnson~Gounty may be utilized in the operation and maintenance of the county hospital, but fundsmay net be transferreddirectly to the Board of Managers of said hospital, inasmuch as the Gommissicners'Courtmust approve all claims for payment in the samemanner as other charges against the county.

Yours very truly,

ATTORNEY GENERAL OF TEXAS

BW;wb;mw/PdM 

### BY Burnell Waldrep Assis~tant

APPEOVED:

FAGAN DISKSON FIRST ASSISTANT ATTORNEY GENERAL