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 retirementprogram 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 retirementprogram for the benefit of its employees. Section 3 of Article IX of our Texas Constitutionprovides that the Legislaturemay by law authorize the creation of countywidehospital districts in certain counties. This provision Is silent as to retirementbenefits for the officials and employees of the hospital district. However, the enablingAct (Article449&n,Vernon's Civil Statutes) enacted by the Legislature In 1953, provides two methodsby which the Board of Managers may establish retirementprograms for Its employees. These provisionsare: Section 5 of Article 449&n,Vernon's Civil Statutes, whlah provides: Further, under the same conditions, the Board &'Managers may enter into such contractswith the State and Federal Government as may be ,necesaary to establish or continue a retirementprogram for the benefit of Its employees.
. . .' and Section 5a, which states:

"The Board of Managersmay In addition to retirementprograms authorizedby this Act establishHonorableDoug Crouch, Page 2 (WW-904)

such other retirementprogram for the benefits of its employeesas 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 establisha retirementprogram, i.e., must the qualifiedvoters 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 retirementprogrambefore one may be established. These provlslonsare: Section 62 (b),Article XVI, Texas Constitution: "Each county shallhave the right to provide for and administer a Retirement,Disability and Death CompensationFund for the appointive officers and employees of the county;provided same la authorizedby a majority vote of the qualifiedvoters of such county . . ." [Emphasisours) Section 51-e,Article III; Texas Constitution: "Each incorporatedcity and town in this State shallhave 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 systemhas been approved at an electionby the qualifiedvoters of such city or town entitled to vote on the question of issuance of tax supportedbonds;
. . .' These provisions,however, do not pertain to a County Hospital District. A County Hospital District la a politlcal subdivisionof the Statewhich 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 Legislaturehas granted to the Board of Managers of a County Hospital District wide discretion In this field without the necessity of taking thematter before,the voters of the county,we are of the opinion that the Board of Managers of the Tarrant County HospitalDistrict has authority to adopt aHonorable Doug Crouch,

retirementprogram for own motion without the the county. Page 3 (WW-904)

thebenefit of its employeesupon its approval of the qualified voters of

SUMMARY The Board of Managers of the Tarrant the County HospitalDistrict has authority to adopt a retirementprogram 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