November 4. 1975
The Honorable A. J. Hartel Opinion No. H- 733
County Attorney
County of Liberty Re: Whether a claim for
Liberty, Texas reimbursement to a state
hospital for support and
maintenance is barred by the
two-year statute of limitations.
Dear Mr. Hartel:
You have requested our opinion regarding whether a claim for
reimbursement to a state hospital for support and maintenance is barred by
the two-year statute of lititations.
You state that Rusk State Hospital is attempting to collect from the
estate of one of its patients a sum representing monthly charges for support,
maintenance and treatment since September 1, 1971. The Hospital’s claim is
based upon article 3196a, V. T.C. S., which gives the State a right to be
reimbursed for the care and treatment of non-indigent patients who are
committed to its facilities.
Section 298 of the Texas Probate Code provides, in pertinent part:
(b) Claims may be presented to the guardian at
any time when the estate is not closed and when
suit on such claims has not been barred by the
general statutes of limitation.
(c) No claims against a . . . ward . on which a
suit is barred by a general statute of limitation
applicable thereto shall be allowed by a personal
representative. If allowed by the representative
and the court is satisfied that limitation has run,
the claim shall be disapproved.
p. 3124
The Honorable A. J. Hartel - page 2 (H-733)
The general statute of limitations is article 5526, V. T. C. S. However,
it appears to be settled in Texas and in other jurisdictions that a limitation
statute does not run against the state unless a statute expressly so provides.
Brown v. Sneed, 14 S. W. 248, 251 (Tex. Sup. 1890); State v. Stone, 271
S. W. 2d 741, 747 (Tex. Civ. App. -- Beaumont 1954, no writ); Luder’s
Adm’r v. State, 152 S. W. 220, 222 (Tex. Civ. App. -- San Antonio 1912, no
writ); Waters-Pierce Oil Co. Y. State, 106 S. W. 918, 929 (Tex. Civ. App.
1907, writ ref’d); 51 Am. Jur. 2d, Limitation of Actions $417 at 890. Since
neither article 5526 nor any other statute expressly provides that the two-
year statute of limitations runs against the State, it is our opinion that
the two-year limitation period is not applicable to claims by the State.
Thus, the Hospital is not barred from collecting charges which accrued
more than two years prior to the filing of the claim for reimbursement.
SUMMARY
A claim for reimbursement to a state hospital for
support and maintenance of one of its patients is not
barred & the two-year statute of limitations.
Very truly yours,
OHN L. HILL
General of Texas
@?NDm First Aisistant
,
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C. ROBERT HEATH, Chairman
Opinion Committee
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p. 3125