# The Attorney General ofTexas

IM MATTOX Attorney General December 13. 1904

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AnEqualOppOrtUnitYI Alfirmatlve AcUonEmployer Honorable D. R. “Tom”**Uher** Chairman Regiona, Compacts &I:istricts Committee Texss House of Reprel,entatives P. 0. Box2910 Austin, Texas 78765 ’

Dear Representative Uher: Opinion No. JM-245

Re: Uhether the SweenyRospltal District maychange its jurisdictional boundaries

You ask whether the Sweeny Eospital District may change its territorial boundariccl to coincide with the newly expanded boundaries of the Sweeny Indel~endent School District. Weconclude that the legislature has not authorized an expansion of the Sweeny Hospital District.

Thecreation of the SweenyRoapital District ISauthorized by the legislature in accortlence with the provisions of article IX, section 9 of the Texas Constitution “with boundaries coextensive with the boundaries of the Swceny Independent School District.” Acts 1963. 58th Leg., ch. 135, )I, at 361. Section 2of that act provides that the hospital district shall not be created nor shall a tax be authorized until the creation and tax are approved by a majority of the qualified property taxpaying electors of the district voting in an election called for #uchpurpose.

Article IX, secl:.lon 9of the constitution provides:

Sec. 9. TheLegislature mayby lawprovide for the creation. establishment, maintenance and operation I-[hospital districts composed of one or
more counties or all or any Dsrt of one or more counties ,r:Lth power to issue bonds for the purchase, construction, acquisition, repair or renovation of buildings and improvements and - ’ equipping same, for hospital purposes; providing for the tz,ansfer to the hospital district of the title to any land, buildings, improvements and equipment located wholly vithin the district which may be jo:lntly or separately owned by any city, tom or county, providing that any district so

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created shall asmme full responsibility for providing medical md hospital care for its needy inhabitants and assume the outstanding indebtedness incu::red by cities, towns and counties for hospital purposes prior to the creation of the i,istrict. if same are located wholly within its boundaries, and a pro rata portioo of such iodebtedneas based upon the then last approved tax sssessment rolls of the included cities, touns and counties if less than all the territory thereof :Lsincluded within the district boundaries; provid:Lng that after its creation no other municipality or political subdivision shall have the power to levy taxes or issue bonds or other obligations :Cor hospital purposes or for providing medical care within the boundaries of the district; pror:lding for the levy of annual taxes at a rate not to exceed seventy-five cents (75~) on the Onelfundred Dollar valuation of all taxable property within such district for the purpose of meetkg the requirements of the district’s bonds, t:he indebtedness assumed by it and its mainterumce and operating expenses, providing that such district shall not be created

or such tax aut~orired unless approved by a mejority of the qualif fed property taxpaying electors thereof voting at an election called for

w anir providing further thet the support an maintenance of the dintrict’s hospital system shall never become a charge against or obligation of the State of Texas **nor** shall any direct appropriat:Lon be made by the Legislature for the constructiona, maintenance or improvement of any of the facilities of such district.

Provided, however, that no district shall be created except by act of the Legislature and then only after thirty

’:30) days

’ public notice to the district affectecb, and In no event may the Legislature provil@ **for** a district to be created without the affir@ive **vote** of a majority of the taxpaying voters- in the district concerned. ?Rmphasis added).

Ahospital district la created by a statute which specifies ito boundaries. The legislature by reference adopted the boundaries of the Sveeny Independent School District as the boundaries of the Swerny Hospital District. It is awell settled rule of stetutory construction that

p. 1099Honorable D.R. “Tom”Uher - **Pa,ge**3 (JM-245)

[a] statute **of** specl.fic reference incorporates the provisions referred to from the statute as of the tima of adoption without subsequent amendments. unless the legislature has expressly or by strong implication shown its intention to incorporate subsequent amendments with the statute.

St. Paul Mercury Insurance Co: v. Billiot, 342 S.W.2d 161, 163 (Tex. Civ. App. - Beaumont 1960. vrdtref ’d).ee also Trimmier v. Carlton. 296 S.W. 1070. 1074 (Tex. 1927). Ananalogous situation exists where the legislature adopts boundaUes for ahospital district by reference to the specific boundaries of anindependent school district.

It is our opinion that the adoption of the boundaries of the SweenyHospital District coexl.ensive with the boundaries of the Sweeny Independent School District constitutes an adoption of the school district boundaries as they existed at the time that the creation of the hospital district was aut’>orized by the enactment of chapter 135, Acts 1963 of the Fifty-eighth Legislature. Wefind no expression of legislative intent that chapter 135 adopted the boundaries of the school district as they then existed and as they might later be expanded by the school distrkt. Wedonot address any constitutional questions that mayarise if th.elegislature provided for the creation of a district without fixed ‘>oundaries except to caution that the constitution prohibits the c:reation of a district “without the affirmative vote of amajority of the taxpaying voters in the district concerned .”

Article IX, section 9of the constitution does not prohibit the legislature from authorizing the expansion of the boundaries of a hospital district that is alrc!o;dy created. Stamford Hospital District
v. Vinson. 517 S.W.2d 358 (Te:c. Civ. App. - Eastland 1974. writ ref ’d n.r.e.). However, the powerzsof a hospital district are expressly provided or necessarily imp:l:.ed by the constitution and the act creating the district. See Attorney General Opinion M-171 (1967). .The original enactment and subsequent amendments to chapter 135 contain no authority to change boundaries, the Sweeny Hospital District’s

no provision fol, conducting an election at which the property taxpaying electors within aproposed expanded district would begiven anopportunity to aplbz’ovethe expansion of the boundaries and the levy of a tax on all the taxable property vithin the expanded boundaries, and noprovision for the assumption of the indebtedness of the original district by the district as enlarged. See. e.g., Acts 1973, 63rd Leg., ch. 563, fOla, 3a. at 1567, 1569 (authorizing the expansion **of** the Stamford Hoslkital District andprescribing procedures for the approval election).

p. 1100Honorable D.R. "Tom"Uher - Page 4 (JM-245)

The legislature has not authorized anexpansion of the territorial boundariee of the Sweeny Roepital Dietrict. The hospital district maynot change its bound.eries without legislative authority. 

# JG;h

JIM Attorney General of Texas

TOM GREEN First Assistant Attorney General

DAVIDR. RICRAFDS Executive Assistant Attorney General

RICKGILPIN Chairman, Opinion Coauaittee
Prepared byNancy Sutton Assistant Attorney General

APPROVED: OPINION

COMMITTEE

Rick Gilpin, Chairman Colin Carl Susan Garrison TonyGuillory JimWoellinger Jennifer Riggs NancySutton

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