THE ATTORNEY GENERAL 

OF TEXAS 

W’ILL WILSON 

*-x-r0RNEY GENERAL August 16, 1960 

Honorable Doug Crouch 

Criminal District Attorney 

Tarrant County Courthouse 

Fort Worth, Texas 

Opinion No. WW-904 

Re: Authority of the Board of 

Managers of the Tarrant 

County Hospital District 

to adopt a retirement program for the benefit of its 

Dear Mr. Crouch: employees. 

You have requested an opinion of this office relative 

to the authority of the Board of Managers of the Tarrant 

County Hospital District to adopt a retirement program for 

the benefit of its employees. 

Section 3 of Article IX of our Texas Constitution provides that the Legislature may by law authorize the creation 

of countywide hospital districts in certain counties. This 

provision Is silent as to retirement benefits for the 

officials and employees of the hospital district. However, 

the enabling Act (Article 449&n, Vernon's Civil Statutes) enacted by the Legislature In 1953, provides two methods by 

which the Board of Managers may establish retirement programs 

for Its employees. These provisions are: 

Section 5 of Article 449&n, Vernon's Civil Statutes, 

whlah provides: 

Further, under the same conditions, the 

Board &'Managers may enter into such contracts with 

the State and Federal Government as may be ,necesaary 

to establish or continue a retirement program for the 

benefit of Its employees. . . .' 

and Section 5a, which states: 

"The Board of Managers may In addition to retirement programs authorized by this Act establish 
Honorable Doug Crouch, Page 2 (WW-904) 

such other retirement program for the benefits 

of its employees as it deems necessary and advisable." 

With these provisions in mind, your inquiry resolves 

Itself into a question of the proper procedure the Board 

must take in order to establish a retirement program, i.e., 

must the qualified voters of the county authorize such 

action by the Board. 

The Texas Constitution, in dealing with other units of 

government, requires that a majority vote of the qualified 

voters must first approve a retirement program before one 

may be established. These provlslons are: 

Section 62 (b), Article XVI, Texas Constitution: 

"Each county shall have the right to provide 

for and administer a Retirement, Disability and 

Death Compensation Fund for the appointive officers 

and employees of the county; provided same la authorized by a majority vote of the qualified voters of 

such county . . ." [Emphasis ours) 

Section 51-e, Article III; Texas Constitution: 

"Each incorporated city and town in this 

State shall have the power and authority to provide a system of retirement . . . for its appolntive 

officers and employees . .~. when and if, but only 

when and if, such system has been approved at an 

election by the qualified voters of such city or 

town entitled to vote on the question of issuance 

of tax supported bonds; . . .' 

These provisions, however, do not pertain to a County 

Hospital District. A County Hospital District la a politlcal subdivision of the State which is a different governmental body from that of a city or county. Bexar County Hospital 

District v. Crosby, 327 S.W. 2d 445, Attorney General Opinion 

b (1960). 

Since the Legislature has granted to the Board of Managers 

of a County Hospital District wide discretion In this field 

without the necessity of taking the matter before,the voters of 

the county, we are of the opinion that the Board of Managers of 

the Tarrant County Hospital District has authority to adopt a 
Honorable Doug Crouch, 

retirement program for 

own motion without the 

the county. 

Page 3 (WW-904) 

the benefit of its employees upon its 

approval of the qualified voters of 

SUMMARY 

The Board of Managers of the Tarrant 

County Hospital District has the 

authority to adopt a retirement program for the, benefit of its employees, 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JMF:hb:mm 

APPROVED: 

OPINION COMMITTEE 

Gordon C. Cass, Chairman 

Virgil R. Pulllam 

Linward Shivers 

Willlam H. Pool, Jr. 

Marvin H. Brown, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore