Untitled Texas Attorney General Opinion ( 1975 )


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  • .,   --
    OF- TEXAS
    AUSTIN.      -=BCXAS     78711
    August    19, 1975
    The Honorable Homer R.       Taylor                 Opinion No.    H-     668
    County Attorney
    304 Courthouse  Building                            Re:    Whether Wharton County
    Wharton,  Texas 77488                                      may cease to operate its
    county hospital.
    Dear Mr.    Taylor:
    You have requested     our opinion      concerning    the following    question:
    Other than by leasing,  how may the Commissioners
    Court of Wharton   County cease operation of Nightin-
    gale Hospital,  a county hospital?
    In particular,  you ask if the County Hospital may be sold or disposed of
    pursuant to an election.    According   to the 1970 census,     the population of
    Wharton County was 36,729.        The assessed    valuation of Wharton County
    for ad valorem purposes was $147,913,439         in 1974.    Articles  4494j,
    4494k,   and 4494m,  V. T.C.S.,    which are bracket      statutes providing for
    the sale of a county hospital,   are therefore inapplicable      to Wharton County.
    In Attorney General      Opinion M-448  (1969) it was indicated that Wharton
    County was required       to maintain operation of its hospital.    It is well
    established     that a commissioners   court may exercise     only those powers
    which are specifically      conferred by constitution or statute.    Canales ye
    Laughlin,    
    214 S. W. 2d 451
     (Tex. Sup. 1948); Attorney General Opinion
    ~-16   (1973).    See also C-463 (1965).    We have discovered     no statutory
    provisions     which would authorize Wharton County to cease operation of
    Nightingale Hospital other than by lease.        See V. T. C. S., art. 4494.    The
    same conclusion was reached in Attorney General Opinion M-448              (1969)
    concerning     the authority of the Commissioners     Court to sell Nightingale
    Hospital.
    p.   2919
    The Honorable    Homer    R.   Taylor,   page 2      (H-668)
    You suggest that an election could be held whereby the voters of
    Wharton County may decide to close or sell the Hospital.           In our opinion
    such an election would haves no effect, for it is well established        that an
    election is null and void unless held pursuant to constitutional        or statutory
    authority.   Countz V. Mitchell,     
    38 S. W. 2d 770
     (Tex.Sup.    1931); Ellis V.
    m,       
    478 S. W. 2d 172
     (Tex. Civ. App. --Dallas      1972, writ ref’d., n. r. e. );
    Ellis V. State,   
    383 S. W. 2d 635
     (Tex. Civ. App. --Dallas      1964, no writ):
    Coffee V. Lieb, 
    107 S. W. 2d 406
     (Tex. Civ. App. --Eastland         1937, no writ):
    Smith v. Morton Independent School District,         
    85 S. W. 2d 853
     (Tex. Civ.
    APP. --Amarillo     1935, writ dism’d. )- As there is no statutory or consti-
    tutional authorization,    it is our opinion an election which would purport
    to authorize the sale or discontinuation      of operation of Nightingale Hospital
    would be without effect.      While the Legislature    could provide for the sale
    or other disposition    of county hospitals in such counties as Wharton,        it
    has not done so.
    SUMMARY
    There is currently no statute authorizing Wharton
    County to cease operation of Nightingale Hospital other
    than by lease.
    Very     truly yours,
    Attorney     General    of Texas
    APPROVED:
    DAVID   M.   KENDALL,      First   Assistant
    C. ROBERT HEATH,          Chairman
    Opinion Committee
    pm 2920
    

Document Info

Docket Number: H-668

Judges: John Hill

Filed Date: 7/2/1975

Precedential Status: Precedential

Modified Date: 2/18/2017