### HE A NEW GENERAL OF -XAS

Hon. Ralph X. Hall OpinionNO. M- 400 Chairman, County, District and UrbanAffairs Comittcs Senate, State of Texas Austin, Texas Re: Certain questions relating to the creation and authorization of the South Eastland County Hospital District **as** contained in proposed Dear Senator Hall: H.B. 1214.

Reference ismade to your letter inwhich you propounded threequestions relating to I-LB.1214, 61st Legislature, 1969, Regular Session,creating the *South Eastland County HospitalDistrict,*with a copy ,ofsaid Bill attached. We quote these questions:

"(1.) What restrictions, if any, are there under the Constitution and **Statutes** of the State of Texas gwerning the authorization and creation of such a hospital district (proposed under the prwisiona ofArticle IX, Section 9, of the Constitution of the State of Texas) whereby aparticular area can or must be included in such proposedhospital district contrarv to the **desires** of the voters owning taxabla property within such a particulararea? e a - (Bmphasis~ supplied.) #(2.) What provisions, if any, are there under the Constitutionand Statutes of the State of Texas whereby taxpayer-voters in those portions of the respective school districts can hold separate elections

-1982-hon. Ralph M. Hall, page 2 (M-400)

on the sams day and be govarnedby a majorityvote in each portion of the said school district to determinewhether or not the particularareawill be included in the proposedhospital district? "(3.1 If the Bill is enacted as proposed what provisions, if any, are there in the Constitution and Statutes of the State of Texas, whereby taxpayer-voters in those portions of the respective school districts can hold separate elections on the same day and be gwerned by the majority vote in each portion of said school district to determinewhether or not the respectiveportion of the particular school districtswill be included in the created hospital district?* Article IX, Section 9; of the Texas Constitution, underwhich H.B. 1214 is proposed,provides, in part:

*Sec. 9. The Legislaturemay by law provide for the creation, establishment,maintenance and operation of hospital districts composed of e ox more counties oru orany part of one or more countieswith power to issue bonds for the purchase,constructim, acquisition, repair ox renovation of buildings and improvements and aquipping same, for hospital purposes: e 0 0 providinc that such district shall not be created or such tax authorizedunless aoorwed by a maioritv of the qualified orooertv taxoavinq electors tberaofvotinc at an election called for the puroose:. . - "Provided.however. that no district shall be created except bv act of the Laqislatureand then onlv after thirtv (30)davs' publicnotice

-1983-. ‘

Ron. Ralph M. Hall, page 3 (M-400)
to the district affected, and in no **event** mav the Leaislatureprovide for a aistrict tobe createdwithout **the** affirmativevote of a maioritv of **the** taxoavinuvoters in the distxict concerned.* (Emphasissupplied.)
H. B. 1214 relates to the creation, administration, powers, duties, and financing of the "South EastlandCounty Hospital District* of Rastland and Comanche Counties. Section 1 authorizes the creation of the district under the provisions ofArticle IX, Section 9, Constitution of the State of Texas, *over a part of Rastland and Comanche Counties

. . .with such rights, powers, and duties as provided in this **Act,**

**. .**  **.*** It than sets out **a** description of the limits of the district by metes and bounas. Section 2 defines the purpose of the district,which is imnaterial to **our** holding. Section 3 is the key provision,as it provides for the creation and authorization of the district, the basic portions of which are quoted, in part:
"Sec. 3. ELECTION TO CREATE DISTRICT.

3 The district shall not be cxeatad, nor shall any tax thereinbe authorizedunless and until such creation and such tax are approved by a majority of the qualified property taxpaying electors of them or **grass** of the proposeddistrict voting at an election called for such purpose in accordancewith thisAct. *

. . . **In the**  avant the comissioners court of **a county**  namd herein shall elect to call an election for **a** creation of the district, and the commissioners court of the other county shall not so elect, then all the terms and provisions of this **Act** shallbe deemed to apply, and the tams shall only apply, to the areas of the county in which the district is so created.

\ -1984-Hon. Ralph H. Hall, page 4 (M-400)

*

. . . "M The commissionarscourts of Eastland and Comanche countiesm in the election order specify a procedureby which the proposed district is confirmed and the tax authorizedby areas, as designatedherein, within the mates and bounds of the proposedhospital district as described in Section 1 of thisAct, or the two commissioners courts I&Y choose to submit the election proposal to the entire district for confirmation. For purposes of confirmation of the district and authorization of the tax, the proposedhospital districtmay be divided into the following three areas: (1) that Portion of the Carbon Indmendent School District, as those school districtboundaries are set on the effective date of thisAct. within the proposedhosvital district (2) that Portion of the Desdemona Indewndent SchoolDistrict. as those school districtboundaries on the effectivedate of thisAct, within the proposedhospital district, and (3) the remsining portion of the proposedhospital district not included in either of the aforementioned areas. Only those areas. as deacribadherein, in which a maloritv of the cualified vrowrtv taXVaYinq electorsvote in favor of the provosition to create a hospital district shallbe included in the confirmed hospital district, vrovided that,&? are.a.s confirminq the hosVita1 district shallbe canticuous in nature. In the event the commissionerscourts of Eastland and Comanche counties choose to submit the election proposition to the entire dietrict as described, a majority of the qualified tax paying electorsvoting at said election in favor of the proposition shallbe sufficient for confirmation of the entire district. (Emphasis~~supplied.)

- ,I985-.

.

Hon. Ralph W. Hall, page 5 (W-400)

*(e)Within 10 days after such election is held, the commissionerscourt of each county inwhich the election for craation.of the district isheld shall convene and canvass the returns of the election, and the maj,orityof‘thequalified property taxpaying electorsvoting at said election vote in favor of the proposition, they shall so find an8 declare the hospital district established and created in said county and designate the areas inwhich thehospital district is created in said county. Any area, describedherein, not voting to create the district shall not be restricted from joining the district at another date provided that.
. . .*
It is our opinion thatyour first question may be answeredby **reference** to the first-quotedclause of Section 9 ofArticle IX of the Constitution. The Legislature is empowered to createhospital districts composed of *one or more countias or all or any part of one or more counties.* Within this limitation,coupledwith Lagislativediscretion and prerogative, the Legislaturemay define the boundaries of a particulardistrict, incluaing areas thereinwho may be opposed to its creation. Redress is offered the opposition throughvoting at the authorizationelection thatmust be held in order for the district tobe created, in accordwith the sanm Section of the Texas Constitution.

Your second and third questions may also be answered by the quoted section of the Texas Constitution,which provides *that in no event may the Legislature provide **for** a district to be createdwithout the affirmativevote of a majoritv of the taxvavins.voters in the district concerned." Since H.B. 1214 defines the limits of the district in Section 1, it is our opinion that an affirmativevote of a majority of tba taxpaying voters within the entire area defined in Section 1 is necessary

-1986-Honorable Ralph M. Hall, page 6 (B-400)

under the Texas Constitution. Insofaras H.B. 1214 allows a method of creation of a district **other** than that prescribed in Section 9 ofArticle IX, that is,by permittingacceptance or rejection thereofby particularareas within the district, we hold H. B. 1214 to be unconstitutional.
SUIIHARY The Legislature isbound onlyby the provision of Article IX, Section 9, Texas Constitution, in definingboundaries of hospital districts created thereunder. House Bill 1214, as written, is unconstitutional, insofar as it permits a method of creation of the district other than that prescribed in Section 9 ofArticle IX,Constitution of Texas.
Yaws vary truly,

**C FORD** C. MARTIN **A** General **of Texas**  Preparedby Donald Cummings AssistantAttorney General
APPROVED: OPINIONCCMMITTBE
Rerns Taylor, Chairman George Relton,Vice Chairman Bill Allen Bill Corbusier Bob Crouch Jim Swearingen
W. V. Geppert Staff Legal Assistant Hawthorne Phillips BxacutiveAssistant

**- 1987**  **-**