E OIZNEY GENERAL 

OFTEXAS 

Bnmreble c. I<. Ford 

county Attorney 

San Saba County 

ssn Sabs, Texas 

Dear sir: op-i,nion-y4F,i: 

IS!: Establishment of hospital 

by precinct 

We have received your letter of October 6, 1946, which we quote, in 

part, as follows: 

"The Commissioner's Court and County Judge oi‘ this 

county has requested that I send you my opinion on the 

question of a precinct of ttiis county establishing, 

equiping, maintaining, and operating a hospjtzl 

thr::u& a vote on bonds and a tax for such purposes; 

and ask that you Give me EI~ opinion on the matter." 

"The <commissioners court of eny county shall have power to 

esttikLish 8 counte hospital and to enlarge any existing 

nospitsls for the care and treatment of persons suffering 

:'rom my illness, disease or injury, subject to the 

provisions of this chapter. At intervals of not less than 

tweLve months, ten per cent of the qualified property tax 

>ayin:; voters of a county may petition such court t3 

:~rov',9e ?or the establishing or enlarging of a county 

hospital, in which event said court within the time 

4esi~wte.5 in such petition shall submit to such voters 

at a special or regular election the proposition of 

Issuing bonds in such aggregate amount as may be 

desisated in said petition for the establishing 01 

er,largIng of such hospital. Whenever any such 

proposition shall receive e majority of the voters cf 

t2e qualified property tax payers voting at such election, 

said commissioners court shall establish and maintain 

such hospital and shell have the following 2owers: 

7, . . . 
Hon. C. K. Ford - page #2 O-7458 

"4. To issue county bonds to provide funds for the establishing, 

enlarging and equipping of said hospital and for all other 

necessary permanent improvements in connection therewith; 

to do all other things that may be required by law in order 

to render said bonds valid. 

* . . . * (Emphasis added) 

It is evident that if this article authorizes the establishment of 

a hospital and the issuance of hospital bonds by a precinct of the 

county, then the word "county" includes "precinct." However, we 

believe it obvious that this was not the legislative intent. 

It is well-settled that the power to issue negotiable bonds is 

beyond the scope of power of a municipal corporation unless it 

is specially granted by law, and that any doubt as to such power 

will be resolved against its existence. City of Brenham v. 

German American Bank, 144 U. S. 173, 549; Peck v. City of 

Hempstead, 65 S. W. 653; 30 Tex. Jur. 402. 

In the case of Eellv. Pulte, 10 9. W. (2d) 694 (Corn. App.), the 

court had the following to say: 

*The power to issue negotiable paper for public improvements, 

or for money borrowed for the purpose of acquiring such 

improvements, is a power which is regarded as being beyond 

the scope of power of the governing body of a city or county 

unless it be specially granted. This extraordinary power, 

when granted, can be exercised only in the mode and for the 

purposes specified in the grant. Foster v. City of Waco, 

113 Tex. 354, 255 S. W. 1104." 

It is clear, upon a reading of Article 4478, et seq., and the original 

act as passea by the Legislature in 1913 (Acts 33rd Leg. Ch. 39), that 

only a county-wide application was intended. Nowhere in the act is a 

precinct authorized or empowered to establish a hospital. 

It will be noted that in Article 752a, Vernon's Annotated Texas Statutes, 

authorizing the issuance of road bonds., the words "county, or any 

political subdivision of a county" are used. If "county' included its 

political subdivisions, then the inclusion of "or any political 

subdivisions of a county" would have been pointless. We hold, however, 

that the political subdivision would not have had that power without 

the specific authorization. The authorities cited above amply support 

this concltiion. 
. . ,I 

Hon. C. K. Ford - page #3 O-7458 

You are advised, therefore, that Article 4478, authorizing counties 

to establish, etc., a county hospital and to issue county bonds for the 

establishment, enlargement, and equipment of said county hospital, 

has no application to a precinct of the county as such, and that the 

precinct is without corresponding power. You are further advised that 

an examination of all other applicable statutes fails to reveal any 

law empowering a precinct to establish a hospital and issue bonds 

therefor. It follows, therefore, that no such power exists. 

Very truly yaws, 

ATTORNEY GIcNmAL OF TEXAS 

s/ George W. Sparks 

BY 

George W. Sparks 

Assistant 

A.PPROVE!D OCT. 22, 1946 

s/ Grover Sellers 

A'ITORNEX GENEP&OFTEKAS 

APPROVED 

OPINION 

COMMITTEE 

BY B. W. B. 

CHAIRMAN