December 12, 1969
Hon. John Klnross-Wright Opinion No, M-538
Commissioner
Texas Department of Mental Re: Is a community mental
Health and Mental Retardation health center a "unit
Box S, Capitol Station of government"under
Austin, Texas Section 2 of the Texas
Tort Claims Act, and
related questions.
Dear Dr. Klnross-Wrlght:
Your recent letter of request for an opinion on the above
questions reads In part as follows:
"Under authority of the Texas Mental Health
and Mental Retardation Act, being Article 5547-201
through 5547-204, ... approximately 25 community
mental health and mental retardation centers have
been establishedIn this State. These centers are
receiving State grants-in-aid from this Department
and are providing services to the mentally ill and
mentally retarded, The Legislature recently passed
the Texas Tort Claims Act, ... which will become
effective January 1, 1970. There is some question
as to whether a community center comes within the
Texas Tort Claims Act.'!
Within the foregoing framework, you ask the following specl
questions:
1. Is a community mental health center a
"unit of government"under Section 2 of the Texas
Tort Claims Act so that it would be liable under
the terms of the Act?
2. If question 1 is'answered In the affirmative,
may a communitymental health center purchase llabllity
insurance to protect Itself?
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Hon. John Klnroas-Wright,page 2 - M-538
3. If questions 1 and 2 are answered In the afflrma-
tlve, may a cumnunlty mental.healthcenter use State
grant-in-aidfunds to buy llablllty Insurancewhen those
funds are appropriatedto the Texas Department of Mental
Health and Mental Retardation and distributed by that
Department to community mental health centers?
4. If question 1 Is answered in the affirmative
would the State grant-in-aid funds of a communitymental
health center received from the Texas Department of
Mental Health and Mental Retardation be subject to a
judgment rendered against a community mental health
center?
In determiningan answer to your first question, we quote
the following from Section 2 of the Texas Tort Claims Act
(Acts 61st Legislature,Regular Session, 1969, Chapter 292, page
874, codified as Article 6252-19, Vernon's Civil Statutes):
"Sec. 2. The following words and phrases as
used in thls Act unless a different meaning Is plainly
required by the context shall have the following
meanings:
"(1) 'Unit of government' or 'units of govern-
ment' shall mean the State of Texas and all Of the
several agencies of government which collectively
constitute the government of the State of Texas,
specificallyIncluding, but not to the exclusion of,
other agencies bearing different designations,all
departments,bureaua, boards, commissions,offices,
agencies, councils and courts; all political sub-
divisions, all cities, counties, school districts,
levee Improvementdistricts, drainage districts,
Irrigationdistricts, water Improvementdistricts,
water control and improvement districts, water control
and preservationdistricts, fresh water supply dls-
trlcts, navigation districts, conservationand recla-
mation districts, soil conservationdistricts,river
authorities,and junior college districts; and all
Institutions,agencies and organs of governmentwhose
status and authority 1s derived either from the Constl-
tutlon of the State of Texas or from laws passed by
the Legislature pursuant to such Constitution. Provided,
however, no new unit or units of government are hereby
created."
2572
Hon. John Klnross-Wright,page 3 M-538
With the foregoing definition In mind, we now look to the
Statutory provisions regarding the creatlbn of community centers
for mental health and mental retardation. Article 5547-203,
Section 3.01, Vernon's Civil Statutes, is quoted as follows:
"Sec. 3.01. (a) Local agencies which may estab-
lish and operate community centers are a county, a
city, a hospital district, a school district, or any
organizationalcombination of two (2) or more of
these. When community centers are established by an
organizationalcombination,the governing bodies of
such organizationalcombinationshall enter into a
contract between or among them which shall stipulate:
(1) the kinds and number of ccmmunlty cen-
ters, as that term Is defined in sub-
section (b) below, which are to be
established,and
(2) whether the board of trustees shall
consist of not less than five (5) nor
more than nine (9) members selected from
the governing bodies of the organizational
combination,or of not less than five (5)
nor more than nine (9) members to be
appointed from the qualified voters of the
region to be served.
This contract may be renegotiatedor amended from time to
time as necessary to provide for the establishmentof
additional community centers or to change the method of
establishinga board of trustees.
“(b) As used in this Act, a 'communitycenter' may
be: (1) a community mental health center, which
provides mental health services; or
(2) a community mental retardation center,
which provides mental retardation services; or
(3) a community mental health and mental
retardation center, which provides mental
health and mental retardation services."
After an analysis of the foregoing statutory provisions, It
Is our view that a community center Is merely a component part
of a "unit of government" as defined In Section 2 of the Texas
Tort Claims Act. Such a center Is simply a local agency created
either by unilateral action or contract by or between designated
2573
Hon. John Klnross-Wright,page &M-53,8
local governmentalbodies. It is our opinion that the legal
effect of the Texas Tort Claims Act is not to Impose direct
llablllty upon such an agency as such, but rather that any
tortlous conduct attributable to an employee, officer or agent
of a community center would be the responsibilityand liability
of the creating local governmentalunit or units.
In view of the negative answer to your first question, your
other questions are not answered.
SUMMARY
A community center for mental health and
mental retardation services, created under
Article 5547-203, V.C.S., is not such a
"unit of government"upon which direct liability
is Imposed by the Texas Tort Claims Act (Article
6252-19, V.C.S.); however, any liability in-
curred by an employee, officer or agent of such
an agenoy would be the responsibilityand
liability of the creating local governmentalunit
or units.
f7
Verx*pruly'yours,
Prepared by Malcolm L. Quick
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
Alfred Walker
Watson Arnold
Wayne R. Rodgers
Jim Swearingen
MEADE F. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
2574