August 30, 1951

Hon. Joe E. Gracey Countv Attornev Stephens counti Breokenridge,Texas OpinionNo. v-1265

Re: Authority of the commissioners

* court respecting fiscal matDear Sir: ters ‘of the oounty hospital.

Reference is made, to your request for an opinionwherein you state:

*The board of managers of.the Stephens-county

Memorial Hospital,which is
a hospital constructed by Stephens County, Texas,~with

bonds voted for that purpose and such help as was given the County by the Federal Government in connettion .with the hospital buildingprogram, are taking the position that they have the right ,totake all of the funds derived from the operationof the hospital and place it in the local ban& which is the county depository,in a special account, under the exclusivecontrol of
a board of managers. The board of managers then insist that they have a right to ,appWve ,all.

bills and authorize the payment~ofall-

such ~bills

and expenses in connectionwith the operationof the hospital without the approval of the.CommissionersrCourt of Stephens County, Texas. It ~1s,the

contentionof the Commissioners’ Court~thatunder Article l+l&+, Vernon’s Civil Statutes of Texas, that the board shall certify all bills and accounts, including salaries and wages, and transmit
same to the Commissioners’ Court, who shall provide for their payment in the
same manner as other charges against the County are paid. It is the further contention of the Commissioners’ Court that under Article 4485 of Vernonts Civil Statutes of Texas, that it is t.he duty of the hospital superintendent, as pro-Hon. Joe E. Gracey, page 2 (V-1265)

- viaea in said article, to collect~andreceive all monies due the hospital, to -keep an accurateaccount of same, and re- *

port the same at a monthlymeeting of the Board of Manqgersand transmitthe same to the county collectorwithin ten days after each meeting.

"I would appreciateit if you would kindly adviseme as to whether all of the
revenues receivedin connection with the operationof the StephensCounty Memorial Hospital shouldnot be deliveredto the proper officialof StephensCounty, Texas, and depositedby Stephens County, and that all bills and accounts,including salaries an&wages, should be certified to by the .boara,of.managers

and then approvedby the Commissioners*

Court and
r id as other accounts~owing

by Stephens ounty."

Article 4480,V.C.S., provides in part:
"Said bog

rd shall fix the salaries of the superinte

1dents and all other officers and employeswithi@ the limit of the appropriation

made thereforby the commissioners' court, and such salaries shall be compensationin full for all services rendered. The board shall have the general~&alement and control of the said hospital;grounds, buildings, officers and employees thereof;of the inmates therein,
iix0f all matters‘relating to th&goveinmetit; discipline,contracts and fiscal concetis thereof;and make such rules and regnltitions

~as.may

seem to~themnecessary for.c&rryingout the purposes of such hospital."

Article 4484, V.C.S., is in part as folloq: *.:~ ;The board of managers shall keep in a bobk providedfor that purpose a proper record of its proceedings

. . . The board shall certify all bills and accounts, including salariesand wages, and transmit them to the commissioqrs' coun$, who shall provide for their paymqnt .in the same manner as other charges against the countyHon. Joe E. Gracey, page 3 (v-1265)

are paid.

-The board of managers shall make to the commissioners court annually, end 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 receivedand the methods and results of their treatment, togetherwith suitablerecommendations and such other matter as may be required of them, and shall furnish full and detailed estimatesof the appropriations requiredduring the ensuing year for all purposes, including maintenance, the erection of buildings,repairs, renewals; exteniions,improvements,bettermentsor other necessarypurposes."

titicle 4485, V. C.S., reads in part:

"The Superintendentshall be the chief executiveofficer of the hospital, but shall at all times be subject to the by-laws, rules and regulationsthereof, and to the powers of the board of managers.

WH~e

shall, with the consent of the board of managers, equip the-hospital with all necessary furniture,appliances, fixtures and all other needed facilities for the care and treatmentof patients, and for the~useof .officers and employees thereof,and shall~purchase all necessary supplies,not exceeding the amount provided for such purposesby the commissioners court.

n

"He shall cause proper accounts and records of the business and operationsof the hospital to be kept regularlyfrom day to day in books and on records provided for that purpose;and shall see that such accounts and records are correctlymade up for the annual report as requirqdby thisHon. Joe.E. Gracey, page 4 (V-1265)

. law, anb. present the same to the board of.managers

who shall incorporatethem ,in~their

report to the commissionerq court.

-w~v&w oft

the~vnderlined

provision of Art- .iqle4485,~.$,t~is

.ouropinion that all revenuesreceived in 'qknectionwith the operationof Stephens CoUnty MemorialHospital should be delivered to the county treasurerfor depositby such county. See.Att(y:Cen.

Op. V-1100 (1950).

it Will be noted from the foregoing statutes that authority is vested in the board of managers and the superintendent of a~county hospital to incur neoessary expendituresfor the operationand maintenanceof the hospital in a sum %ot exceeding the amount provided for such purposes in the:commissionerscourt.” By the express terms of Article 4484,~theboard bf managersmust transmitall bills an8 &Mounts, includingsalaries and wages, to the commissioners'

court for payment "in the same manner as other charges against the county are paia." Article 2351, V.C.S., provides that the commissioners1 court shall "audit and settle all accounts against the.county

and direct their paymezit."In view of these ,provisions,

the county treasurer may not issue warrants in payment of bills and accounts of the hospital until the commissioners' court has approved them for payment in the same manner as ether charges against the county,are paid. Although the management of the county hospital is vested in the board of managers, the commissioners1 court must approve all.accounts. See Att'y Gen.,Op. C-6433 (1945).

The money allocatedby the commissioners* court pursuant to the statute for the support and maintenanceof a county hospital canno+ be transferred to the board of managers,but mtist remainHon. Joe E. Gracey, page 5 (V-1265)

in the custody of the county t*reasurer to be disbursed on orders of the commissionerg court. See Att'y Gen. Op. V-510(1948).

We thereforeagree with your opinion that all bills and accountsmu&be certified to by the board of managers of a county hospital, approvedby the commissioners1 court, and paid
as other accounts owing by StephensCounty.

SUMWRY

All revenuesreceived from operation of the Stephens C'ounty Memorial Hospital should be delivered to the County Treasurer of Stephens County for depositby Stephens County and all bills and accounts should be certified to by the board of managers of such hospital, approvedby the commissioners' court, and paid as other accounts owing by Stephens County.

APPROVED:

J. C. Davis Jr. County Affairs Division Yours very truly,

PRICE DANIEL Attorney General

Jesse P. Luton, Jr. ReviewingAssistant

Everett Hutchinson Acting First Assistant
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