.



### MAYTOX *nayQenOf8l 

# TheAttorney General ofTexas

Docembat 21. 1984

Eonorablc Ed&ward 

### Oplnioo No.JM-258
. chairman Sub-comittec onNo=inrltiona Re: methar a

### ho*pital district Texas 

### State Senate created bg,chaptar 298. Acta 1963, P. 0. Box L2068, Capi’rol 

### Station Fifty-eighth Legialatura, Austin. Texaa 78711 laaac a portion of 

### it4 phyaiz: plant 

### to private physiciana
**Id. TX.** **752024525 n424B44** 

**!w Albwa**  **AW., Suit.** **150** PSSO,**TX. 79BOS2793**  **5 Xk34B4** 

**31**Trr*r.wte700 ton.TX.**77002.3111** 3 5B55

**I Srordway.** **Suite 312**  **L ccl**  **TX. 754014470**  **M47-5225**

**Y N.** **Tenth. Suite** **B** **c*llen.****TX. 7aw1.lw5**  **:2aB24547**

**XI Maln** **flue. Bull.** **4W .I**  **mtonlo. TX.** **752053757 1** **2254191** Dear Senator Howard: The Titus Counly Hospital Diatrlct is. a county-wide hospital district created by chapter 298. Acta 1963, of the Fifty-eighth Legislature. under authority of article IX. section 9 of the Texas Conaritution. You r,akwhether this hospital district may lease a portion of its phyalcrl plant to private physicians for 

### atermof leas than one year, provtded lease revenue4 

### are paid to the hoapital*a general operating fund. Ftom your question, ve asaume that the physicians would be !.easlng the facilftiea for offices in which to engage in .the private prsctice of mediclna. the Titui County IMpit Dlatrict It la our opinion that lacka authority to leaae Its facilities for that I~urpoae. Ahospital district derive6 it6 power from the constitution and the act creating the district. (1967). See Attorney General Opinion n-171



### Aspecial pw:poae diatric~y “exarci are expressly deleg#lted to it by the Legislat **nly the**  **pmers that**  or which exist by

purpoa~” 

### for which the district la created and that powers vhlch are not upreaaed and 

### are “merely eonvanient 

### or uaeful” may not be conducted bythe district. ld. 

### at 947. - Article IX, aecclon 9

### of the constitution provides, in pare:

Sec. 9. TheLegislature mayby lawprovide for the creatlcnt establishment, maintenance and operation cf hospital districts composed of oneor more coun~Les or all or any part of one or more counties with povar to issue bonds for tha purchase, -construction. renovatlol~ acquisition, repair or

of buildings and improvement4 and

p. 1148Nonotable CdHoward- Page 2 (JH-258)

\ equipping same, 

### for~hoapital purposes; providing 

### for the transfer to the hoaoltsl district of the title 

### to any land, build&, improvemLa and equipment located vholly within the district vhich maybe jointly 

### or r~eparately owned by any city, Con! 

### or county, prcwiding that any diarricr 

### so created shall assume full responsibiliLy for providing medical 

### ax;1hospital care for ice needy inhabltan~a and.

. .-. (Emphasis added). i 

### Asoriginally enacted and subsequently amended, chapter

1963, Fifth-eighth Legislature, in pertinent part, provides: 298, Acts



### SecUou 1. In accordance with the provisiona

-- of Article IX, Seciion 9, Constitution of the Stare 

### of Texas, thi!L Act shall beoperative so as (0 authorize the creation, establishment, malnrenance and operation of a Hospital District vithin rhe State of Texas, to be knownas Titus County Hospital District, and the boundaries of said District aha:;I. be cosrrensive with the boundaries of Titus County (hereinafter referred to as the ‘County

’)!, and said District shall have the powers and res~~onsibiliries provided by the aforesaid Constituri&al provision. Sec. 2. That said District hereby provided for shall assume full ?esponaibility for providing medlcal and hoapitai care for the needy residing within the Diarrict.-.

. .

. . , .

# lc. 14. Neith@!r the County nor any city c eln shall. aftl!:r rhe Hospital District has been organized in pursuance of this 

### Act, levy any tax for hospital purposes; and such Hospiral District shall ,be deemed to have assumed full responsibiliry for ‘ihe furnishing 

### of medical and hospital care for eGeneedy and indigent persons residing In said Hc~pital District from rhe date that taxes are Fallected for the Hospital District. (Emphasis: added).
The Titus County Hospit:ll. District is expressly authclrired and directed by article IX, secciisr~ 9of the ccnscituciw and the enabling statute to acquire and manage physical plant facilities for hospital purposes and to provide medical and hospital care for the needy residing in the district. Im~ll.ied powers of the district must further the purposes for which the (district is created, namely. hospital purposes andmedical care of needy inhabitants.

p. 1149Ronorsbls EdHoward- Page3 (JH-258)

Usconcluds that ths Titur County liospital District derives from the constitution and enabling atstuts no express or implisd pwer to lease on any 

### terms s portion of its hospital property for use se private offices 

### for private physicians. This offIce previously concluded that svss whena

### comty had statutory .autbority to Isass a county hospital to be opsrat,cd as s hospital, ths county did 

### not thereby acquire authority to 11!ass portions 

### of Its hospital 

### for use 88 private medical offices. see Lttornsy General Opinion g-16 (1973). See also 

### Attorney Censralj,:!nion H-31 (1973). 

### Cf. Sullivan v. Andrws County, 517 S.W.2d 410 (Tu. Civ. App. - tl-%so 1974, 

### vrit rsf ’d n.r.s.1 (express atatutory suthority to lease medical facilities). But dst Oak L,wn Preservation Society v. Board of Managers of Dallas County Roap:ii:al District, 566S.W.Zd315. 317 (TsX. civ. App. - Dallas 1978, vrit :;!f ’d n.r.e.) (validity of lsass betveen hospital district andcounty fqxruas of former hospital asjail 

### notan issue determined on appeal); Attorney General Opinion M-912 (1971) (hospital district vlth author.lty 

### to contract vith private hospital and doctors for laboratory testing to be performed vlth hospital laboratory equipment). Whsrc!es laboratory testing ,is a hospital function, offices for the private practice of medicine are not

“hospital purposes

” or the prwision of “medical or hospital cars for the needy.” The povers of the hospit.a.1 district in question are measured by the terms of article IX, settion 9 and chapter 298, of the Plftyeighth Legislature. which cwatsd the district. neither 

### of vhlch contains an sxpress or implied grant of authority 

### to lsass hospital fscilitles for use as 

### l nythirla, other than hospital purposes and the provision 

### of medical hospital cars 

### for its needy inhabitants.
2-U MMARY TheTitus County Hospital District has neither sxprsss nor implied authority to lease part of It: physical plant to private physicians for use as private medical offices.

JIM MATTOX Attorney General ofTexas TOM GREEN 

### First Assistant Attorney Gene::al DAVIDR.RICHARDS Executive Assistant Attorney I:ti?nsral