October 26, 1961 

Honorable Dean Martin 

County Attorney 

Grayson County 

Sherman, Texas 

Dear Mr. Martin: 

Opinion No. !:IW-1175 

Re: Whether the County Judge 

of Grayson County has the 

authority to commit an 

involuntary mentally ill 

person to the Sherman 

Community Hospital under 

the named conditions and 

related question. 

You have requested an opinion of this office on the 

following question: 

"Does the County Judge of Grayson County, 

Texas, have the authority to commit an involuntary 

mentally ill person to the Sherman Community Hospital under the conditions set out in the letter 

from the Department of Health, or would it be 

necessary for the Sherman Community Hospital to 

obtain a license under Vernon's Ann.Civ.St., art. 

5547 Mental Health Code, permitting them to operate a private mental hospital in connection 

with the General Hospital?" 

e 

From your letter and enclosed materials, the following facts appear: the Sherman Community Hospital, which has 

a psychiatric unit operated under the supervision of a psychiatrist, is licensed as a general hospital. 

Your attention is directed to Article 5547, Vernon's 

Civil Statutes, and the provisions thereof covering general 

definitions (Art. 5547-41; Involuntary admissions--in emergencies (Art 

for an inde in te period (Art. 

3.. 5 +$- 74-28)--for temporar 

55 fi 7-52); 

periods (Art. 5574-31, 38)-- 

the necessary'orders 

(Art. 5547-58); and, licensing requirements (Art. 5547-88); 

which provisions read in part as follows: 

"Article 5547-4. Definitions. As used in 

this Code, unless the context otherwise requires: 

I, 

. . . 
Honorable Dean Martin, Page 2 (w-1175) 

"(f) 'general hospital' means a hospital 

operated primarily for the diagnosis, care and 

treatment of the physically ill. 

"(g) 'mental hospital' means a hospital 

operated for the primary purpose of providing 

in-patient care and treatment for the mentally 

ill. A hospital operated by an agency of the 

United States and equipped to provide in-patient 

care and treatment for the mentally Ill shall 

be considered a mental hospital. 

"(h) 'State mental hospital' means a mental 

hospital operated by the Board. 

"(I) 'private mental hospital' means a 

mental hospital operated by any person or 

polltical subdivision. 

II II * . . 

Article 5547-28. Emergency Admission. The 

head of a mental hospital or a general hospital 

may admit and detain any person for emergency 

,observation and treatment for a period not to 

exceed ninety-six (96) hours upon . . ." 

"Article 5547-31. Application for temporary 

hospitalization. . . .,The Application may be 

made by any adult person, or by the county judge, 

,and shall state upon information and belief that 

the proposed patient . . . requires observation 

and/or treatment in a mental hospital." 

"Article 5547-38. Order upon hearing. . ..‘. 

"(b) If upon the hearing the coutit finds 

that the proposed patient is mentally ill . . . 

the court shall order that the mentally ill 

person be committed as a patient for observation 

and/or treatment in a mental hospital for a period not exceeding ninety (90) days." 

"Article 5547-52. Order upon hearing. . . . 

"(b) If the court or the jury, as the case 

may be, finds that the proposed patient is mentally 

Ill and requires hospitalization in a mental hospital . . .' the.'court shall order that the mentally 

ill person be committed as a patient to a mental 

hospital for an indefinite period." 
Honorable Dean Martin, page 3 (WW-1175) 

"Article 5547-58. Designation of a hospital. 

In the Order of Temporary Hospitalization or Indefinite Commitment, the court shall commit the 

patient to a designated 

(a) State mental hospital; 

(b) private mental hospital; or 

(c) ;g;;en;a;fh",;;it",;tEd States operating 

. 

"Article 5547-88. License Required. Ninety 

(90) days after the effective date of this Code, 

no person or political subdivision may operate a 

mental hospital unless licensed to do so by the 

Department." 

First, it is clear that the County Court presided 

over by the County Judge, is a court of competent jurisdiction over lunacy proceedings and proceedings for hearing and 

commitments for confinement, treatment and observation of 

the mentally ill. Pate v. Stevens, 

1953, error dism.) 

257 S.W.2d 763 (Civ.App. 

Specifically, your question deals with 

whether the County Judge has the authority to commit a mentally ill person to a general hospital with a psychiatric 

y;dswhich is not licensed under the provisions of Art. 5547, 

. . . 

You will notice that there are basically four types 

of hospitals referred to in the Code (i.e. general hospitals, 

mental hospitals, State mental hospitals, private mental hospitals). From your letter and enclosures, the Sherman Community Hospital falls within the statutory "general hospital" 

definition quoted above. In addition, there are three classifications of commitments for the involuntary mentally ill 

authorized by the Code (i.e. "emergency" (96 hours or less), 

"temporary" (90 days or less) and "indefinite"). 

Based upon the foregoing statutory provisions, we 

are of the opinion that the County Judge is authorized to 

commit the mentally ill to a general hospital with an unlicensed psychiatric ward only for ninety-six (96) hours or 

less within the "emergency" commitment category of the Code. 

Only the section authorizing an "emergency" commitment allows 

commitment to a general hospital of the type in question. 

Both of the other types of commitments of the mentally ill 

(i.e. "temporary" and "indefinite") specifically require 

confinement in a "mental hospital" as definied in the Code 

and set out above. 
Honorable Dean Martin, page 4 (W-1175) 

Further, Article 5547-88, supra, specifically requires a "mental hospital" as defined in the Code, and set 

out-above to be licensed by the Texas State Department of 

Health after ninety (90) days from the effective date of the 

Code (i.e. ninety days after January 1, 1958). As a commitment for the mentally ill for either a "temporaryw or indefinite" period is required in a "mental hospital," and such 

must be licensed under Article 5547-88, supra, we are of the 

opinion that the County Judge would thus not be authorized to 

commit such person to the Sherman Community Hospital for a 

period exceeding ninety-six (96) hours "emergency" commitment 

under the .facts presented. 

SUMMARY 

Under Article 5547, V.C.S., a County Judge 

may not commit an involuntary mentally ill person 

to a general hospital with a psychiatric ward not 

licensed under the statute for a period in excess 

of ninety-six (96) hours. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

EBS:dhs 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Vernon Teofan 

Gordon Cass 

w. Ray scruggs 

Ben Harrison 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.