. 

Honorable C. A. Shaw, Superintendent 

Big Spring State Hospital 

Big Spring, Texas 

Dear Dr. Shaw: Opinion No. O-441 1 

Re: Whether or not certificates from 

two physicians should be required 

for patients who are admitted to. 

the Big Spring State Hospital. 

Your request for an opinion from this Departmentis. in part; 

as follows: 

“Under article 3 193a, Vernon’s State Statutes, ~1936 

edition, it specifies that two physicians certificates are 

necessary in t&e c0’mmitment of an bsane person to a 

state mental in~tih.tion. This is under the eleemosy- 

‘nary division. 

Y 

. . . 

“We will very much appreciate your advising us as 

to whether or not we are within our jurisdiction in requesting these two physicians certificates for patients 

who are admitted to the Big Spring State Hospital.) 

Article 3193s. Vernon% Texas Statutes, is as follows: 

“No perscin hall be committed to any institution ‘~ 

for the treatment of the insane and other mentally 

ill ~persons, unless there hasp been filed with the co~niy 

judge a certificate of the insanity of su~ch person by 

two properly qualified and licensed physicians, nor 

without an or&r therefor, signed by the <county judge.~ ” 

stating that he finds that the person committed is insanoi‘and is a proper subject for treatment in a hospital for the insane, and either that ho has been ,kn 

inhabitant of the State for the six months immediately 

preceding such time ur that provision satisfactory to 
c 

Honorable C. A. Shaw - page 2 (Opinion No. o-4411) 

the Board of Control has beon made for his maintenance, or that by reason of insanity he would be 

dangerous if at large. The order of commitment 

shall also authorize the custody of the insane per~r 

son either at the institution to which he shall first 

be committed or at some other institution to which 

he may be transferred by order of the Board of 

Control. Neither of the physicians mentioned in 

this section shall be a reIative of .the person applying for the order, or of the person alleged to be 

insane, nor shall he be a manager, superintendent, 

proprietor, officer, Stockholder,~ or have any 

pecuniary interest, directly, or indirectly, or be 

an attending physician in the institution to which 

it is proposed to commit such alleged insane per* 

son.* 

The ~statute is emphatic that *no person shall be committed to 

any institution for the treatment of the insane and other mentally ill 

persons unless there has been filed with the County Judge a certificate 

of the insanity of such person by two properly qualified and licensed 

physicians, nor without an order therefor, signed by .the County Judge, 

stating that he finds that the person committed is insane. * * *’ 

It will be observed. however, that the prohibition is that no per-~ 

son qha.Il be *committed” to any institution mentioned, thereby imposing 

a limitation upon the power of the County Judge to m&e such a commitment. It has nu reference to-the admission to the institution of one properly adjudged insane. The requirement of the statute fork the certificates 

of two physicians is for the court, and the institution may, and should, upon 

receipt of the court’s order, assume that the court had properly performed 

itti duty. 

The same intention of the Legislature is further evidenced via the 

language of Article 3193e of the statute, where a patient is committed by 

the County Judge to, an institution for the treatment of his ailments or for 

observation, pending the determination of his insanity. 

H. B. No. 126, pass.ed at the regular session of the 45th Legislature (p. 542, ch. 268) appearing in Vernon’s Annotated Civil Statutes of 

Texas as Article 31930 provides for the temporary commitment of mental 

patients. and contains the following language: 

“The court’s order shall ftu the temporary commit-, 

ment period at a term which~shall not exceed ninety (90) 

days. A sworn statement of the evidence of said two (2) 
Honorable C. A. Shaw - page 3 (Opinion No. o-4411) 

physicians shall be filed in said matter and a duly certified copy thereof and the court’s order committing such 

persons and the financial property statement hereinafter 

provided for shall be forwarded immediately to the State 

Board of Control, and said certified copy shall be any 

hospital superintendent’s sufficient authority to admit 

and hold said person in said hospital for observation and/ 

or treatment for not exceeding ninety (90) days.* 

It will be observed there is no necessary conflict between this 

Article and Article 3193e hereinabove referred to. Article 3193e pertains to a temporary commitment pending a hearing of a sanity proceed3, whereas, Article 31930 pertains to a proceeding -- not for a final 

Judgment with respect to insanity -- but to the commitment of a mental 

patient to such an institution for mere observation. 

If the application now pending before you involve,s a final judgment, or a proceeding looking to a final judgment with respect to insanity 

and the commitment is an incidental temporary commitment, you will be 

governed by Articles 3 193a ,and 3 193e. as hereinabove construed. If, on 

the other hand,~ the application for admission is one inv,olved merely in a 

proceeding for temporary admission for observation under Article 31930, 

you will be governed by the provisions of that Article. Specifically, iti the 

Iatter case. you would be entitled to demand -- not the original certificates 

of the two physicians, but certified copy or copies of statements of the 

evidence of said two physicians as given before the County Judge or court. 

Under the last-named ArticIe, this sworn statement or certified copy of 

the testimony of the two physicians will come to you through the State 

Board of Control. 

Very truly yours, 

APPROVED FEB. 17, 1942 

s/Grover Sellers 

FIRST ASSISTANT 

ATTORNEYGENERAL 

ATTORNEYGENERALOFTEXAS 

BY s/Ode Speei 

Ocie Speer 

Assistant 

OS-MR:rn APPROVED: 

Opinion Committee 

Bi B.W.B. 

Chairman