Hon. Cecil H. Tate

County 4ttornsy Baylor County Muleshoe,Texas

Dear Sir: Opinion NumberO-240 Re: Iðer an estate of a deceased

. father is liable to countyand State for expenses incurred by son in 8x1

asylum of the State?

Your request for an opinion on the above stated question has been receivedby this office.

House BillNo. 326, oh. 52 of the General and SpecialLaws passed by the 45th Legislature at its regular session,the same being Article 3196a, reads as follows: "Section 1. patients admitted to the State hospitals and State psychopathic hospitals shallbe of two classes,to wits Indigentpatients: Non-indigentIpatients; Indigentpatients are those who possess no property of any kind nor have **anyone** legally responsiblefor their support,and **%hho**are unable to reimhrse the State. This class shallbs supportedat the expense of the state. Non-indigent patients are thosewho possess some property out of which the Statemay be reimbursed, or who have scmecne legally liable for their 'support. This class shall~IXI kept andmaintained at the expense of the State, as in the first instance,but in such cases the State shallhave the right to be reimbursed for the support,maintenance, and treatment of such patients. "Section 2. Wnere the patienthas no sufficientestate of his own, he shallbe maintained at the expenser

Of the husband or wife of such person, if able to do so; Of the father ormother of such person, if ableto dc sc. "Section 3. The State Board of Control is authorized to denmnd and ccnduct investigationsin the County Court to dote_cm!na whether or not a patient is possessed of or entitled to property and/ or whether or not some other person is legally liable for his support,maintenance, andHon. Cecil H. Tete, Page 2 (o-240)

treatment and to pay therefor, and to have citation issued and witnesses summonedto be heard on said investigation. 'Section 4. The State Board of Control,directly or through an authorized acent or agefits, may make contracts fixing the price for the support,maintenance, and treatment of patients in any State hospital or psychopathichospital at a sum not to exceed the omst of 881118 or for such part thereof 88 such respectivepatient, his relatives or guardian of his estatemay be able to and agrees to pay, and binding the persons making such contracts to payment thereunder. "Section 5. Upon the written request of the State Board of Control the County or DistrictAttorney, or in case of the refusal or inability of both to act, the Attorney General, shall represent the State in filing a claim in F'rcbate Court or a petition in a court of competent jurisdiotion, wherein the guardian of suah patient and/or other person legally liable for his support,may be cited to appear then and there tc show causewhy the Statr shouldnot have judgment against him or them for the amount due it for the support,maintanance, and treatment of such patient; and, upon sufficient showing, judgmentmay be entered against such guardian or other persons for the amount found to be due the St&e, which judgmentmay be enforcedas in other oa886. A verified acccunt, sworn to by the superintendentof the respective :lcspitals or psyohopathic hospitalswherein suchpatient is being treated, or has been treated, as to the amount due shall be sufficient evidence to authorize the court to render judpent therein. The County or DistrictAttorney representing the State shallbe entitled to a capmission of ten (10) per cent of the amount collected. All moneys 80 collected,less such commission, shall be, by the said attorney, paid to the State Board of Control,which shall receive and receipt for the same and shalluse the same for themaintenance and improvementof said institutionor institutionsin which said patient shall have been confined. "Section 6. That Section 4, Chapter 174, Acts, Regular Session of the Thirty-ninthLegislature, beingArticles 3189, Revised Civil Statutes of Texas of 1925, and all laws and parts of laws in conflictwith this Act, be and they are hereby expresslyrepealed. There is, however, specifically reservedand presemed to the State any and all rights and oausw of Potion that accrued or aroseunder and byvitrue of said Section 4, Chapter 174, Acts, Regular Session, -Thirty-ninthLegislature,being Article 3189, Revised Civil Statutes of Texas of1925, or any other laws repealedby this Act. "Section 7. If any section, sentence, clause,or part of this Act shall, for any reason,be held to b, invalid, suchdecision or holding shall not affect the remainingportions of this Act, and it is hereby declared to be the intentionof the Legislature to have passed each sentence, section, clause,or part thereof irrespectiveof the fact that any other sentenoe, section, clause,or part thereofmay be declared invalid.Hon. Cecil H. Tate, Page 3 (o-240)

"Section 8, The factthat the present statutes on this subjectare wholly inadequate,uncertain,vague, and indefinite and that cur higher courts have l

aidthat their interpretationas to their intention is problematic, and the further fact that thousands of dollars are new beingwithheld from the State, by patients and those liablefor their support, that shouldbe paid tc the State, create an emergency and an imperativepublic necessity, requiringthat the ConstitutionalRule thatbills be read on thaee several days be suspended, and the same is hereby suspended,andthis Bet shall take effect and be in forae from and after itspassage, and it is so enactedan'

Inview of the foregoing statute,you are respectfullyadvised that it is the opinion of this Department that the above quoted article provides that the board of controlmay contractwith relatives or the estates of the demented patients, fixing the price for the support of the patients at a sum not tc exceed the actual cost of such patient, or for such part thereof as suchrelative or e&ate may be able and agree to pay and that the board is authorized to demand an investigationto determinewhether or not a patient is possessed or entitled to property and whether or not some other person is liable for his support and to pay therefor and providing amcde of procedure in the County Court todetermine whethe'ror not a patient is possessed of and entitled to property and whether or not some other person is legally liable for his support,maintenance and treatment and to pay therefor. By the aforementioned statute,the State has the right of contractfor reimbursementor judicial ascertaimaentthrough the County Court at the instance of the board of control. There is nothing in your letter or the brief suhaittedtherewith showing that the State did contract for the liability of suchdemented person or establish that liability through the process prescribed in Article 3199a, and if the State did not assert or pursue these remedies in this case, it fclluws that the estate of the deceasedfather of the insaneperson is not liable to the County and State for expenses incurred in the asylum.

Trusting that the foregoing answersyour inquiry, ws remain Very truly yours

APPROVED: Is/ Gerald C. Rann All'OREEY

GERERAL OFTJXAS ATI'ORNEYGERSRALOF TEEAS By'/s/'ArdellW&&&s

Ardell Williams Assistant AWrAWtegm