The Attorney General of Texas 

IM MATTOX 

Attorney General 

December 13. 1904 

Supreme Court BuIldhO 

p. 0. BOX 12545 

.ustln. TX. 75711.2549 

12l4752501 

Telex 910/574-1357 

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714 Jackson. SuIta 700 

rlallas, TX. 75202e.05 

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Lubbock, TX. 79101-3479 

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San Antonio. TX. 782062797 

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An Equal OppOrtUnitYI 

Alfirmatlve AcUon Employer 

Honorable D. R. “Tom” Uher 

Chairman 

Regiona, Compacts & I:istricts 

Committee 

Texss House of Reprel,entatives 

P. 0. Box 2910 

Austin, Texas 78765’ 

Dear Representative Uher: 

Opinion No. JM-245 

Re: Uhether the Sweeny Rospltal 

District may change 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. We conclude that the 

legislature has not authorized an expansion of the Sweeny Hospital 

District. 

The creation of the Sweeny Roapital District IS authorized 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 2 of 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 #uch purpose. 

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

Sec. 9. The Legislature may by law provide 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 

p. 1098 
Ronorable D.R. “Tom” Dher - Page 2 (m-245) 

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 :Ls included 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 One lfundred 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). 

A hospital 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 a well settled rule of stetutory construction that 

p. 1099 
Honorable 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). An analogous situation exists where 

the legislature adopts boundaUes for a hospital district by reference 

to the specific boundaries of an independent school district. 

It is our opinion that the adoption of the boundaries of the 

Sweeny Hospital 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. We find 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. We do not address any constitutional 

questions that may arise if th.e legislature 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 a majority of the taxpaying voters in the district 

concerned .” 

Article IX, section 9 of 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 powerzs of 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 a proposed expanded district would 

be given an opportunity to aplbz’ove the expansion of the boundaries and 

the levy of a tax on all the taxable property vithin the expanded 

boundaries, and no provision 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 and prescribing procedures 

for the approval election). 

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

The legislature has not authorized an expansion 

of the territorial boundariee of the Sweeny 

Roepital Dietrict. The hospital district may not 

change its bound.eries without legislative 

authority. 

JG;h 

JIM 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICRAFDS 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Coauaittee 

Prepared by Nancy Sutton 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Woellinger 

Jennifer Riggs 

Nancy Sutton 

p. 1101