HE A NEW GENERAL 

OF -XAS 

Hon. Ralph X. Hall Opinion NO. M- 400 

Chairman, County, District and 

Urban Affairs 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 is made to your letter in which you propounded three questions relating to I-LB. 1214, 61st Legislature, 1969, Regular Session, creating the *South Eastland County Hospital District,* with a copy ,of said 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 of Article IX, Section 

9, of the Constitution of the State of Texas) 

whereby a particular area can or must be included 

in such proposed hospital district contrarv to 

the desires of the voters owning taxabla property 

within such a particular area? e a - (Bmphasis~ 

supplied.) 

#(2.) What provisions, if any, are there under 

the Constitution and 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 govarned by a 

majority vote in each portion of the said 

school district to determine whether or not 

the particular area will be included in the 

proposed hospital 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 determine whether 

or not the respective portion of the particular 

school districts will be included in the created 

hospital district?* 

Article IX, Section 9; of the Texas Constitution, 

under which H.B. 1214 is proposed, provides, in part: 

*Sec. 9. The Legislature may by law 

provide for the creation, establishment, maintenance and operation of hospital districts 

composed of e ox more counties or u or any 

part of one or more counties with 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 authorized unless aoorwed by 

a maioritv of the qualified orooertv taxoavinq 

electors tberaof votinc at an election called for 

the puroose:. . - 

"Provided. however. that no district shall 

be created except bv act of the Laqislature and 

then onlv after thirtv (30) davs' public notice 

-1983- 
. ‘ 

Ron. Ralph M. Hall, page 3 (M-400) 

to the district affected, and in no event 

mav the Leaislature provide for a aistrict 

to be created without the affirmative vote 

of a maioritv of the taxoavinu voters in 

the distxict concerned.* (Emphasis supplied.) 

H. B. 1214 relates to the creation, administration, 

powers, duties, and financing of the "South Eastland County 

Hospital District* of Rastland and Comanche Counties. Section 

1 authorizes the creation of the district under the provisions 

of Article 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 therein be authorized unless 

and until such creation and such tax are approved 

by a majority of the qualified property taxpaying 

electors of the m or grass of the proposed district 

voting at an election called for such purpose in 

accordance with this Act. 

* . . . 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 shall be 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 commissionars courts of Eastland 

and Comanche counties m in the election order 

specify a procedure by which the proposed district 

is confirmed and the tax authorized by areas, as 

designated herein, within the mates and bounds of 

the proposed hospital district as described in 

Section 1 of this Act, 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 proposed hospital 

district may be divided into the following three 

areas: (1) that Portion of the Carbon Indmendent 

School District, as those school district boundaries 

are set on the effective date of this Act. within 

the proposed hosvital district (2) that Portion of 

the Desdemona Indewndent School District. as those 

school district boundaries on the effective date of 

this Act, within the proposed hospital district, and 

(3) the remsining portion of the proposed hospital 

district not included in either of the aforementioned 

areas. Only those areas. as deacribad herein, in 

which a maloritv of the cualified vrowrtv taXVaYinq 

electors vote in favor of the provosition to create 

a hospital district shall be included in the confirmed 

hospital district, vrovided that,&? are.a.s confirminq 

the hosVita1 district shall be canticuous in nature. 

In the event the commissioners courts of Eastland and 

Comanche counties choose to submit the election proposition 

to the entire dietrict as described, a majority of the 

qualified tax paying electors voting at said election in 

favor of the proposition shall be 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 commissioners court of each county 

in which the election for craation.of the district 

is held shall convene and canvass the returns of 

the election, and the maj,ority of‘the qualified 

property taxpaying electors voting 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 

in which the hospital district is created in said 

county. Any area, described herein, not voting 

to create the district shall not be restricted 

from joining the district at another date provided 

that. . . .* 

It is our opinion that your first question may 

be answered by reference to the first-quoted clause of 

Section 9 of Article IX of the Constitution. The Legislature 

is empowered to create hospital districts composed of *one 

or more countias or all or any part of one or more counties.* 

Within this limitation, coupled with Lagislative discretion 

and prerogative, the Legislature may define the boundaries 

of a particular district, incluaing areas therein who may 

be opposed to its creation. Redress is offered the opposition 

through voting at the authorization election that must be 

held in order for the district to be created, in accord with 

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 created without the affirmative vote 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 affirmative vote 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. Insofar as H.B. 1214 allows 

a method of creation of a district other than that prescribed 

in Section 9 of Article IX, that is, by permitting acceptance 

or rejection thereof by particular areas within the district, 

we hold H. B. 1214 to be unconstitutional. 

SUIIHARY 

The Legislature is bound only by the provision 

of Article IX, Section 9, Texas Constitution, in 

defining boundaries 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 of Article IX, Constitution of Texas. 

Yaws vary truly, 

C FORD C. MARTIN 

A General of Texas 

Prepared by Donald Cummings 

Assistant Attorney General 

APPROVED: 

OPINION CCMMITTBE 

Rerns Taylor, Chairman 

George Relton, Vice Chairman 

Bill Allen 

Bill Corbusier 

Bob Crouch 

Jim Swearingen 

W. V. Geppert 

Staff Legal Assistant 

Hawthorne Phillips 

Bxacutive Assistant 

- 1987 -