Hon. Cecil H. Tate 

County 4t tornsy 

Baylor County 

Muleshoe, Texas 

Dear Sir: Opinion Number O-240 

Re: Iðer an estate of a deceased 

. father is liable to county and 

State for expenses incurred by 

son in 8x1 asylum of the State? 

Your request for an opinion on the above stated question has 

been received by this office. 

House Bill No. 326, oh. 52 of the General and Special Laws 

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 shall be of two classes, to wits 

Indigent patients: 

Non-indigent Ipatients; 

Indigent patients are those who possess no property of any kind nor have 

anyone legally responsible for their support, and %hho are unable to reimhrse the State. This class shall bs supported at the expense of the 

state. 

Non-indigent patients are those who possess some property out of which 

the State may be reimbursed, or who have scmecne legally liable for their 

'support. This class shall ~IXI kept and maintained at the expense of the 

State, as in the first instance, but in such cases the State shall have 

the right to be reimbursed for the support, maintenance, and treatment of 

such patients. 

"Section 2. Wnere the patient has no sufficient estate of his own, he 

shall be maintained at the expenser 

Of the husband or wife of such person, if able to do so; 

Of the father or mother of such person, if ableto dc sc. 

"Section 3. The State Board of Control is authorized to denmnd and ccnduct investigations in 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, and 
Hon. Cecil H. Tete, Page 2 (o-240) 

treatment and to pay therefor, and to have citation issued and witnesses summoned to 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 

psychopathic hospital at a sum not to exceed the omst of 881118 or for 

such part thereof 88 such respective patient, his relatives or guardian 

of his estate may 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 District Attorney, 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 

cause why the Statr should not have judgment against him or them for 

the amount due it for the support, maintanance, and treatment of such 

patient; and, upon sufficient showing, judgment may be entered against 

such guardian or other persons for the amount found to be due the St&e, 

which judgment may be enforced as in other oa886. A verified acccunt, 

sworn to by the superintendent of the respective :lcspitals or psyohopathic hospitals wherein such patient 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 District Attorney representing 

the State shall be 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 shall use the same for the maintenance and improvement of said institution or institutions in which said 

patient shall have been confined. 

"Section 6. That Section 4, Chapter 174, Acts, Regular Session of the 

Thirty-ninth Legislature, being Articles 3189, Revised Civil Statutes of 

Texas of 1925, and all laws and parts of laws in conflict with this Act, 

be and they are hereby expressly repealed. There is, however, specifically reserved and presemed to the State any and all rights and oausw 

of Potion that accrued or arose under and by vitrue of said Section 4, 

Chapter 174, Acts, Regular Session, -Thirty-ninth Legislature, being 

Article 3189, Revised Civil Statutes of Texas of1925, or any other laws 

repealed by this Act. 

"Section 7. If any section, sentence, clause, or part of this Act shall, 

for any reason, be held to b, invalid, such decision or holding shall not 

affect the remaining portions of this Act, and it is hereby declared to 

be the intention of the Legislature to have passed each sentence, section, 

clause, or part thereof irrespective of the fact that any other sentenoe, 

section, clause, or part thereof may be declared invalid. 
Hon. Cecil H. Tate, Page 3 (o-240) 

"Section 8, The fact that the present statutes on this subject are 

wholly inadequate, uncertain, vague, and indefinite and that cur higher 

courts have l aidthat their interpretation as to their intention is 

problematic, and the further fact that thousands of dollars are new 

being withheld from the State, by patients and those liable for their 

support, that should be paid tc the State, create an emergency and an 

imperative public necessity, requiring that the Constitutional Rule 

that bills be read on thaee several days be suspended, and the same is 

hereby suspended, and this Bet shall take effect and be in forae from 

and after its passage, and it is so enactedan' 

In view of the foregoing statute, you are respectfully advised 

that it is the opinion of this Department that the above quoted article provides that the board of control may contract with 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 such relative or e&ate may be able and agree to pay and that 

the board is authorized to demand an investigation to determine whether 

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 to determine whethe'r or 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 contract for reimbursement or judicial ascertaimaent through the 

County Court at the instance of the board of control. There is nothing 

in your letter or the brief suhaitted therewith showing that the State 

did contract for the liability of such demented 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 deceased father of the insane person is not liable 

to the County and State for expenses incurred in the asylum. 

Trusting that the foregoing answers your inquiry, ws remain 

Very truly yours 

APPROVED: 

Is/ Gerald C. Rann 

All'OREEY GERERAL OFTJXAS 

ATI'ORNEYGERSRALOF TEEAS 

By'/s/'Ardell W&&&s 

Ardell Williams 

Assistant 

AWrAWtegm