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.
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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
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