Untitled Texas Attorney General Opinion

The Attorney General of Texas December 13. 1904 IMMATTOX Attorney General SupremeCourt BuIldhO Honorable D. R. “Tom” Uher Opinion No. JM-245 p. 0. BOX 12545 Chairman .ustln. TX. 75711.2549 Regiona, Compacts & I:istricts Re: Uhether the Sweeny Rospltal 12l4752501 Committee District may change its jurisdic- Telex 910/574-1357 Texss House of Reprel,entatives tional boundaries Telecopier 512f47MZSS P. 0. Box 2910 Austin, Texas 78765’ 714 Jackson. SuIta 700 rlallas, TX. 75202e.05 Dear Representative Uher: :141142-5944 You ask whether the Sweeny Eospital District may change its 4S24 Alberta Ave., Suite 160 territorial boundariccl to coincide with the newly expanded boundaries 3 Paso. TX. 79905-2793 of the Sweeny Indel~endent School District. We conclude that the llY5334484 legislature has not authorized an expansion of the Sweeny Hospital District. Texas. SuiIe 700 4ourton. TX. 77002-3111 The creation of the Sweeny Roapital District IS authorized by the 71312236SS5 legislature in accortlence with the provisions of article IX, section 9 of the Texas Constitution “with boundaries coextensive with the boundaries of the Swceny Independent School District.” Acts 1963. 306 Broadway, Suite 312 58th Leg., ch. 135, )I, at 361. Section 2 of that act provides that Lubbock, TX. 79101-3479 805/747-5238 the hospital district shall not be created nor shall a tax be authorized until the creation and tax are approved by a majority of the qualified property taxpaying electors of the district voting in an 4302 N. Tenth. SuiIe S election called for #uch purpose. McAllen. TX. 78501.1655 512lS52.4547 Article IX, secl:.lon 9 of the constitution provides: 200 Main Plaza. Suite 400 Sec. 9. The Legislature may by law provide for San Antonio. TX. 782062797 the creation. establishment, maintenance and 51212254191 operation I-[ hospital districts composed of one or more counties or all or any Dsrt of one or more An Equal OppOrtUnitYI counties ,r:Lth power to issue bonds for the Alfirmatlve AcUon Employer purchase, construction, acquisition, repair or renovation of buildings and improvements and - ’ equipping same, for hospital purposes; providing for the tz,ansfer to the hospital district of the title to any land, buildings, improvements and equipment located wholly vithin the district which may be jo:lntly or separately owned by any city, tom or county, providing that any district so p. 1098 Ronorable D.R. “Tom” Dher - Page 2 (m-245) created shall asmme full responsibility for providing medical md hospital care for its needy inhabitants and assume the outstanding indebtedness incu::red by cities, towns and counties for hospital purposes prior to the creation of the i,istrict. if same are located wholly within its boundaries, and a pro rata portioo of such iodebtedneas based upon the then last approved tax sssessment rolls of the included cities, touns and counties if less than all the territory thereof :Ls included within the district boundaries; provid:Lng that after its creation no other municipality or political subdivision shall have the power to levy taxes or issue bonds or other obligations :Cor hospital purposes or for providing medical care within the boundaries of the district; pror:lding for the levy of annual taxes at a rate not to exceed seventy-five cents (75~) on the One lfundred Dollar valuation of all taxable property within such district for the purpose of meetkg the requirements of the district’s bonds, t:he indebtedness assumed by it and its mainterumce and operating expenses, providing that such district shall not be created or such tax aut~orired unless approved by a mejority of the qualif fed property taxpaying electors thereof voting at an election called for anir providing further thet the wsupport an maintenance of the dintrict’s hospital system shall never become a charge against or obligation of the State of Texas nor shall any direct appropriat:Lon be made by the Legislature for the constructiona, maintenance or improvement of any of the facilities of such district. Provided, however, that no district shall be created except by act of the Legislature and then only after thirty’:30) days’ public notice to the district affectecb, and In no event may the Legislature provil@ for a district to be created without the affir@ive vote of a majority of the taxpaying voters- in the district concerned. ?Rmphasis added). A hospital district la created by a statute which specifies ito boundaries. The legislature by reference adopted the boundaries of the Sveeny Independent School District as the boundaries of the Swerny Hospital District. It is a well settled rule of stetutory construc- tion that p. 1099 Honorable D.R. “Tom” Uher - Pa,ge 3 (JM-245) [a] statute of specl.fic reference incorporates the provisions referred to from the statute as of the tima of adoption without subsequent amendments. unless the legislature has expressly or by strong implication shown its intention to incorporate subsequent amendments with the statute. St. Paul Mercury Insurance Co: v. Billiot, 342 S.W.2d 161, 163 (Tex. Civ. App. - Beaumont 1960. vrdtref’ d).ee also Trimmier v. Carlton. 296 S.W. 1070. 1074 (Tex. 1927). An analogous situation exists where the legislature adopts boundaUes for a hospital district by reference to the specific boundaries of an independent school district. It is our opinion that the adoption of the boundaries of the Sweeny Hospital District coexl.ensive with the boundaries of the Sweeny Independent School District constitutes an adoption of the school district boundaries as they existed at the time that the creation of the hospital district was aut’>orized by the enactment of chapter 135, Acts 1963 of the Fifty-eighth Legislature. We find no expression of legislative intent that chapter 135 adopted the boundaries of the school district as they then existed and as they might later be expanded by the school distrkt. We do not address any constitutional questions that may arise if th.e legislature provided for the creation of a district without fixed ‘>oundaries except to caution that the constitution prohibits the c:reation of a district “without the affirmative vote of a majority of the taxpaying voters in the district concerned .” Article IX, section 9 of the constitution does not prohibit the legislature from authorizing the expansion of the boundaries of a hospital district that is alrc!o;dy created. Stamford Hospital District v. Vinson. 517 S.W.2d 358 (Te:c. Civ. App. - Eastland 1974. writ ref’d n.r.e.). However, the powerzs of a hospital district are expressly provided or necessarily imp:l:.ed by the constitution and the act creating the district. See Attorney General Opinion M-171 (1967). .The original enactment and subsequent amendments to chapter 135 contain no authority to change the Sweeny Hospital District’s boundaries, no provision fol, conducting an election at which the property taxpaying electors within a proposed expanded district would be given an opportunity to aplbz’ove the expansion of the boundaries and the levy of a tax on all the taxable property vithin the expanded boundaries, and no provision for the assumption of the indebtedness of the original district by the district as enlarged. See. e.g., Acts 1973, 63rd Leg., ch. 563, fOla, 3a. at 1567, 1569 (authorizing the expansion of the Stamford Hoslkital District and prescribing procedures for the approval election). p. 1100 Honorable D.R. "Tom" Uher - Page 4 (JM-245) The legislature has not authorized an expansion of the territorial boundariee of the Sweeny Roepital Dietrict. The hospital district may not change its bound.eries without legislative authority. JG;h JIM Attorney General of Texas TOMGREEN First Assistant Attorney General DAVID R. RICRAFDS Executive Assistant Attorney General RICK GILPIN Chairman, Opinion Coauaittee Prepared by Nancy Sutton Assistant Attorney General APPROVED: OPINIONCOMMITTEE Rick Gilpin, Chairman Colin Carl Susan Garrison Tony Guillory Jim Woellinger Jennifer Riggs Nancy Sutton p. 1101