Untitled Texas Attorney General Opinion ( 1948 )

June 18, 1948
Hon. Franklin C. Williams
County Attorney
Ande r son County
Palestine, Texas
Opinion No. V-610
Re: The authority to erect and
maintain a county hospital
with additional buildings.
Dear Sir:
Your request for,an opinion of this office is substan-
tially as follows:
“‘Anderson County contemplates the vot-
inp and issuance of bonds to the amount of
$~@O,@#e,O@ for the purpose ef establishing
‘and maintaining a ciunty hospital with the
main hospital building located at Pale stine,
Texas, and small branch hospitals at Elkhart,
Texas, and at Franksten, Texas, all under the
management of one board cf managers lp-
pointed by the commissioners’ courttomanage
said hospital. Elkhart, Texas, and Franksten,
Texas, each have a population of less than
5,000. I have been requested to ask for an
opinion from your dekartment stating whether
or not a bond issue may be voted for this pur-
pose. If a bond issue may not be voted for such
purpose, may a bond issue be voted for three
separate county hospitals in Anderscn C,eunty,
each of which will have a separate board ef
managers appcinted by the commissioners
court. . .
.
-.
Hon. Franklin C. Williams, page 2 (V-610)
“The hospital or hospitals which An-
derson County proposes to establish will not
be operated in connection with the County
Poorhouse.”
Article 4478, V. C. S., reads, in part, as follows:
‘The commissioners court of any coun-
ty shall have power to establish a county hespi-
tal and to enlarge any existing hospitals for the
care and treatment of persons suffering from
any illness, disease or injury, subject to the
provisions of this chapter. At intervals of not
less than twelve months, ten per cent of the
qualified property tax paying tax paying voters
of a county may petition such court to provide
for tiia establishing or enlarging of a county
hospital, in which event said court within the
time designated in such petition shall submit
to such voters at a special or regular election
the proposition of issuing bonds in such aggregate
amount as may be designated in said Petition for
the establishing or enlarging of such hospital.
Whenever any such proposition shall receive a
majority of the votes of the qualified property
tax payers voting at such election, said commis-
sioners court shall establish and maintain such
hospital and shall have the following powers:. . .
“2. To purchase or erect all necessary
buildings, make all necessary improvements
and repairs and alter any existing buildings, for
the use of said hospital. The plans for such e-
rection, alteration, or repair shall first be ap-
proved by the State Health Officer, if his ap-
proval is requested by the said commissioners
court. . . *
“4. To issue county bonds to provide funds
for the establishing, enlarging and equipping of
said hospital and for all other necessary per-
manent improvements in connection therewith;
to do all other things that may be required by
law in order to render said bonds valid. . . . *
Article 4493, V. C. S., is as follows:
Hon. Franklin C. Williams, page 3 (V-610)
‘Where no county hospital is now pro-
vided for the purpose aforesaid, or where
such provision is inadequate, the commis-
sioners court of each county which may have
a city with a population of more than ten
thousand persons, within six months from
the time when such city shall have attained
such population, such population to be as-
certained by such court in such manner as
may be determined upon resolution thereof,
shall provide for the erection of such coun-
ty hospital or hospitals as may bt necessary
DuYwose. . and .Drovlde therem a room.
for that -~-
or rooms, or ward or wards for the care of
confinement cases, and a room or rooms or
ward or wards for the temporary care of per-
sons suffering from mental or ne.rvous disease,
and also make prevision in separate buildings
for patients suffering from tuberculosis and
ether communicable diseases, and from time
to time add thereto occemmodations sufficient
to take care of the patients of the ccunty. This
time may be extended by the State Board af
Health for good cause shown. Unless adequate
funds for the building of said hospital can be
derived from current funds of the county avail-
able for such purpose, issuance of county war-
rants and script, the commissioners court shall
submit, tither at a special election called for
the purpose, or at a regular election, the propo-
sition of the issuance of county bonds for the
purpose of.building such hospital. If the propo-
sitien shall fail to receive a majority vote at
such election said court may be required there-
after at intervals of not less than twelve months,
upon petition of ten per cant of the qualified
voters of said county, to submit said preposition
until same shall rece.ive the requisite vote author-
izing the issuance of the bonds.”
The Attorney General has consistently held that unquali-
fied general power is conferred upon the Commissioners’ Court
to establish and to enlarge hospitals for county purposes.
Although certain portions of the Act (Acts 1713, 33rd Leg.,
. .
Hon. Franklin C. Williams, page 4 (V-610)
Ch. 39, p. 71) which is now Art. 4478, et seq. appear vague,
nevertheless the court in Glimpse v. Bexar County, 160 S. W.
(2d) 996, cited with approval Art. 4493. Inasmuch as Art.
4478 provides for the establishment of a hospital subject to
the provisions of this chapter, it is our opinion that the provi-
srons of the Act, particularly Art. 4493, are sufficiently broad
in scope to furnish authority for Anderson County to establish
a county hospital at Palestine with additional buildings at Elk-
hart and Frankston provided the county has the taxing power to
warrant the issuance of bonds. The Act when considered as a
whole reflects an intent on the part of the Legislature to furnish
authority for the establishment of a hospital with additional
buildings to be located in the discretion of the Commissioners’
Court of said county. This is further evidenced by the language
in Art. 4493 which states:
“Where no county hospital is now provided
for the purpose aforesaid or where such pro-
vision is inadequate the Commissioners Court
shall provide for the erection of such county
hospital or hospitals.”
When a statute is passed as a whole and not in parts or sections,
it is animated by one general purpose and intent. Consequently,
each part or section should be construed in connection with every
other part or section so as to produce a harmonious whole. Thus,
it is not proper to confine interpretation to one section. (Suther-
land, Statutory construction, Vol. 2, p. 336; Ellis County v. Thomp-
son, 95 Tex. 22, 64 S.W. 927). We believe that the Act taken as a
whole furnishes sufficient authority for the establishment of such
a hospital as you have indicated. The authority for the establish-
ment is entirely different from the manner of administration.
Article 4479, V. C. S., provides, in part, as follows:
” When the commissioners court shall have
acquired a suite for such hospital and shall have
awarded contracts for the necessary buildings
and improvements thereon, it shall appoint six
resident property tax-paying citizens-of the
county who shall constitute a board of managers
of said hospital. The te.rm of office of each mem-
ber of said board shall be two years, except that
in making the first appointments after this Act
takes effect three members shall be appointed for
one year and three members for two years so that
. .
Hon. Franklin C. Williams, page 5 (V-610)
thereafter three members of said board will
be appointed every two years . . .”
It is our opinion that Art. 4479 contemplates the ap-
pointment of only one board of managers for a county hospital.
Inasmuch as you state in your opinion request that you contem-
plate the establishment of the county hospital at Palestine with
additional buildings at Elkhart and Frankston, it is our opinion
that one board of managers .should be appointed far such hos-
pital.
Bonds cannot be voted for “maintaining” a county has-
pita1 but they are expressly authorized “far the establishing,
enlarging and equipping of said hospital and for all necessary
permanent improvements in connection therewith.” Art. 4471,
supra. Provision for location of the buildings is net a necessary
part of the bond transcript.
Our answer to your first question makes it unnecessary
to answer your second question.
SuMh4AltY
Anderson County is authorized to vote bends
under Article 447U, et seq., for the purpose of
“establishing. . . and equipping a county hos-
pital.” If the election carries, then the Commis-
sioners’ Court, in the exercise of its discretion,
may establish such hospital at’Palestine with ad-
ditional buildings at Elkhart and Frankston. Said
hospitals should eperate under one board of man-
agers, Art. 4479, V. C. S.
Very truly yours,
ATTORNEYGENEMLOFTEXAS
BW:mw:vmb Burnell Waldrep
Assistant