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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 3193a, Vernon’s State Statutes, ~1936 edition, it specifies that two physicians certificates are necessary in t&ec0 ’mmitment ofan 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 notwe are within ourjurisdiction 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 perscinhall be committed toany 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~chperson 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 thatho has been ,kn inhabitant of the State for the six months immediately preceding such time ur thatprovision satisfactory toc

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

the Board of Control has beon made for his maintenance, or thatby reason of insanity he would be dangerous if at large. The order of commitment shall also authorize the custody of theinsane per~r son either at the institution to which he shall first be committed or atsome other institution towhich he may be transferred by order of the Board of Control. Neither of the physicians mentioned in this section shall be a reIative of.theperson 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 anattending physician in theinstitution towhich it is proposed to commit such alleged insane per* son.* The ~statuteis 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 Judgea certificate of the insanity of such person by two properly qualified and licensed physicians, nor withoutan order therefor, signed by .theCounty Judge, stating thathe finds that the person committed is insane. * * *’

Itwill be observed. however, thatthe prohibition is that no per-~ son qha.Ilbe *committed” to any institution mentioned, thereby imposing a limitation uponthe power of the CountyJudge 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 forkthe certificates of two physicians is for the court, and the institution may, and should, upon receipt of the court’s order, assume thatthe court had properly performed ittiduty. The **same** intention of **the Legislature**  is further evidenced viathe language ofArticle 3193e of the statute, where a patient is committed by the CountyJudge to,an institution for the treatment of his ailments or for observation, pending the determination ofhis 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 thefollowing language:

“The court’s order shall ftu the temporary commit-, ment period ata term which~shall not exceed ninety **(90)** days. A sworn statement ofthe evidence ofsaid two (2)Honorable C. A. Shaw - page 3 (Opinion No. o-4411)

physicians shall be filed in said matter anda duly certified copy thereof and the court’s order committing such persons **and** thefinancial 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 notexceeding ninety (90) days.* Itwill be observed there is nonecessary conflict **between** this Article andArticle 3193e hereinabove referred to. Article 3193e pertains to a temporary commitment pendinga hearing of a sanity proceed3, whereas, Article 31930 pertains to a proceeding -- notfor a final Judgmentwith respect to insanity -- butto the commitment of a mental patient to such aninstitution for mere observation.

If the application now pendingbefore you involve,s a finaljudgment, or a proceeding looking to a finaljudgment with respect to insanity and the commitment is an incidental temporary commitment, you will be governed byArticles 3193a ,and3193e. 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, youwill be governed by the provisions of thatArticle. Specifically, iti the Iatter case.

you would be entitled to demand -- not the original certificates of thetwo physicians, but certified copy or copies ofstatements 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 toyou through theState 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