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 

tr8nsfer money 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 substantially as ,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 establishing and constructing and equip; 

ing a County Hospital; and to,+wy a tax for 

.the purpose of paying the lnter&st.~on said 

bonds, and to create a 'aInkIng fund' for 

the redemption thkreof at maturity. 

"Ro.tax levy for maintenance was~ineluded 5n the'foregoing proposition and 

,thls question was not passed on by.the 

voters, and as a result no finds 'Were pro- 

'vide,d for operating and maintaining the 

Hospit al. 

*On the 23rd day ~of August 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 2.5 cents to 30 

oents on the $100.00 valuationfor county 

purposes. 

"And on January.13, 1948, the Commisslonero' Court adopted an order authorizing 

an appropriation in 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 Johnson County Hospital to 

be used for the operation cr maintenance 

of said Hospital. 

"Since the Court has ~issued the,order 

directing the transfer, the Board of Managere may call upon me at any time now requesting that a County giarrant fcr $lO,OO$I.- , 

00 be written and delivered tc them, and 

'shall appreciate it very muoh if ycu willadvise me at once if funds may be legal!g 

transferred frcm the General Fund to the 

3oard of hanagers for the operaticn and 

maintenance of the Johnson County Hospital.' 

Article 4478, V. C. S.; provides as follows: 

"The commissioners court of any county 

shall have power to establish 'a county hospital and to enlarge sny existing hospitals 

for the care and illness:, disease or injury, 

subjectto the provisions of this. chapter. 

At intervals of not less than twelve months, 

ten per cent 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 

petition for the establishing or enlarging 

of such hospital. Whenever any such prvposition shall receive a majcrity cf the votes 

of the qualified pronerty tax payers voting 

at such election, said commissioners ccurt 

shall establish and maintain such hospital 

and shall have the following powers: 

"1. To purchase and lease real property 

therefcr,~or acquire such real property, and 

easements, therein, by condemnation proceedings . 

"2 . To purchase or erect ally necessary 

buildings, make all necessary improvements 

and repairs and alter any existing buildings, 
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-roved by the State Health Officer, if his approval is requested by the 

said commissicners court. 

“3. To cause tc be assessed, levied 

and collected, such taxes upon the real and 

personal prcper::: c.wned in the county as 

It shall daem necessary to provide'the funds 

for the maintenance thereof, and for all 

otlner necessary axpenditures 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 required by 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 

~benefit of said hospital, and apply the same 

in accordance with the terms of the gift." 

In the case of Seydler v. 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 shall have acquired a site for 

such hospital and shall have awarded contracts, for the 

necessary buildings 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 such hospital. 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 . . .The board 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 same manner as other 

charges against the county are paid. 

"The board of manage<? shall nuke to 

the commissioners court annually, and at 

such times as said court shall direct, a 

detailed report of the operation of the 

hospital dispensaries and school during 

the year, showing the number of patients 

received and the method and results of 

their treatment, together with suitable 

recommendati0ns and such other matters as 

may be required of them, and shall.furnish 

full and detailed estimates 'of the appropriations required during the ensuing year 

for all purposes, including maintenance, 

the erecticn of buildings, repairs, re-~ 

newals, extensions, improvements, betterments or other necessary purp0ses: Id." 

Article 4485, V. C. S., provides in part: 

"The superintendent shall be the 

chief executive officer of the hospital, 

but shall at all times be 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 the use of offic.ers and employees 

thereof, and shall purchase all necessary 

supplies, not exceeding the amount provided for such purposes by the commissioners 

court." 

This Department in Opinion No. 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 the maintenance 

of the hospital, we point out that under 

the provisicns of Art. 4478, a county ccmmissicners' court is authorized to establish a hospital, and in connection with 

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'ty with the county budget 

and authorized amendments thereto, and all 

accounts should be allowed by the commissioners' court in the same manner 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 kianegers and 

the Superintendent of the hospital to incur necessary 

expenditures for the operation and saintenance of a hospital in a sum "not exceeding the amount prcvided 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 the management cf a county 

hospital Is vested in the Soar.3 cf.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.:?~~dy cf the 

i'ounty 'Treasurer to be paid out on orders ~zf the 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 county hospital would be payable from the "enera ' 

Fund of Johnson County, but the Commissioners1 Court 

would not be authorized to transfer funds directly to 

the Board of managers. 

SUMMARY 

‘The General Fund of Johnson ~Gounty 

may be utilized in the operation and 

maintenance of the county hospital, but 

funds may net be transferred directly to 

the Board of Managers of said hospital, 

inasmuch as the Gommissicners' Court must 

approve all claims for payment in the 

same manner 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