Harris County Cour thouae 

Houston, Texas 

Dear Mr. Resweber: 

Opinion No. WW-1454 

Re: Whether the county court 

under Article 5547-38, Vernon’s Civil Statutes, can 

commit an Individual, found 

to be mentally ill, to a mental hospital for a period not 

to exceed any specific number 

of days less than 90 days. 

You have requested an opinion regarding the authority 

of the County Court, to commit a person for a period of any 

specific number of days less than 90 days, consistent with the 

provisions of Article 5547-38, Vernon’s Civil Statutes. 

The applicable portion of Article 5547-38, Vernon’s 

Civil Statutes, states in part: 

.the court shall order that the mentally 

ill 

7îí l 

erson be committed as a patient for observation 

and or treatment in a mental hospital for a 

not exceeding ninety (90) days.” (Enph-a 

In construing statutes the courts of this State have 

held consistent with Article 10 [I),. Vernon’s Civil Statutes, that 

the natural and commonly understood meaning will be given to words 

used In a statute unless It Is plain or clear from the statute as 

a whole that such construction would defeat the manifest intention 

of the Legislature. 

The phrase “not exceeding ninety (90) days” has an 

ordinary and common meaning denoting a maximum that cannot be 

exceeded but which necessarily authorizes any lesser period of 

time. Consistent with this generally understood meaning, the 

words “not exceeding” have been characterized &%I# words of limitation, and, standing alone are ordinarily construed a8 such. 

City of Klngsvllle v. Meredith, 103 F.2d 279 ( C.C.A. 5th, 1939). 

In Brockelhurst v. State, 195 Ark. 67, 111 S.W.2d 527 

(1937), the appellant questioned the trial courts’ authority to 

commit him for a period not to exceed 15 days where the statute 
Mr. Joe Resweber, page 2 (W-1454) 

authorized commitment "for such time as the court shall direct, 

not exceeding one month." At page 528, the Arkansas Supreme 

Court upheld the trial courtls 15 day commitment on the ground 

that the w~ords "not exceeding" were words of limitation and 

merely set a time beyond which the trial court could not go. 

It Is presumed that every word, sentence or provision was intended-for some useful purpose and has some force and effect. 

Lyles v. Ohelm, 138 Tex. 133, 142 S.W.2d 959,,aff. 159 S.W.2d 

102, (Cl v. A PP., 1940). 

Therefore, unless such a construction would conflict 

with other provisions of the Mental Health Code, it appears that 

the plain meaning of Article 5547-38, Vernon's Civil Statutes, 

would authorize commitment for any period from 1 to 90 days. 

An examination of the other provisions of the Mental 

Health Code reveals two other Sections affecting the length of 

commitment. Both of these Sections take effect subsequent to 

the commitment and prior to the date of release set out in the 

court order. One of these, Article 5547-78 (a) authorizes the 

head of the hospital to file an application for temporary hospitalization or Indefinite commitment where It has been determined 

that further hospitalization Is necessary. Conversely, Article 

5547-80 (a) authorizes the head of the hospital to discharge a 

patient at any time no longer requiring hospitalization. 

It Is submitted that these sections do not conflict 

with the County Court's original authority to commit the patient 

but rather are additional provisions merely intended to provide 

a simple and effective manner to more accurately fulfill the 

needs of the individual patient. The discretion vested in the 

head of the hospital would remain in full force and effect under 

the construction of the Court's authority as given above, and 

therefore It appears that these provisions present no real conflict with such natural meaning construction. 

It Is also persuasive that the authority for this 

statute, Article I and XV, Constitution of Texas, provides for 

commitment "for a period of time not to exceed ninety (90) days." 

Giving effect to the plain provisions, without adding to, detracting from or changing the law, clearly Indicates that any 

period of time not exceeding 90 days was authorized by the Constitution and declared again by statutory enactment. 

SUMMARY 

The County Court is authorized to commit a person 

to a mental hospital for temporary hospitalization for 
. - 

Mr. Joe Resweber, page 3 (WW-14%) 

any period of time not exceeding 90 days. 

Sincerely, 

WILL WILSON 

Attorney General of Texas 

Assistant 

PP:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V.. Geppert, Chairman 

Grady Chandler 

Ben Harrison 

Scranton Jones 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore