HE A NEW GENERAL
OF -XAS
Hon. Ralph X. Hall Opinion NO. M- 400
Chairman, County, District and
Urban Affairs Comittcs
Senate, State of Texas
Austin, Texas Re: Certain questions
relating to the crea-
tion and authorization
of the South Eastland
County Hospital District
as contained in proposed
Dear Senator Hall: H.B. 1214.
Reference is made to your letter in which you pro-
pounded three questions relating to I-LB.1214, 61st Legis-
lature, 1969, Regular Session, creating the *South East-
land County Hospital District,* with a copy ,of said Bill
attached. We quote these questions:
"(1.) What restrictions, if any, are
there under the Constitution and Statutes of
the State of Texas gwerning the authorization
and creation of such a hospital district (pro-
posed under the prwisiona of Article IX, Section
9, of the Constitution of the State of Texas)
whereby a particular area can or must be included
in such proposed hospital district contrarv to
the desires of the voters owning taxabla property
within such a particular area? e a - (Bmphasis~
supplied.)
#(2.) What provisions, if any, are there under
the Constitution and Statutes of the State of Texas
whereby taxpayer-voters in those portions of the
respective school districts can hold separate elections
-1982-
hon. Ralph M. Hall, page 2 (M-400)
on the sams day and be govarned by a
majority vote in each portion of the said
school district to determine whether or not
the particular area will be included in the
proposed hospital district?
"(3.1 If the Bill is enacted as proposed
what provisions, if any, are there in the
Constitution and Statutes of the State of Texas,
whereby taxpayer-voters in those portions of
the respective school districts can hold
separate elections on the same day and be
gwerned by the majority vote in each portion
of said school district to determine whether
or not the respective portion of the particular
school districts will be included in the created
hospital district?*
Article IX, Section 9; of the Texas Constitution,
under which H.B. 1214 is proposed, provides, in part:
*Sec. 9. The Legislature may by law
provide for the creation, establishment, main-
tenance and operation of hospital districts
composed of e ox more counties or u or any
part of one or more counties with power to issue
bonds for the purchase, constructim, acquisition,
repair ox renovation of buildings and improvements
and aquipping same, for hospital purposes: e 0 0
providinc that such district shall not be
created or such tax authorized unless aoorwed by
a maioritv of the qualified orooertv taxoavinq
electors tberaof votinc at an election called for
the puroose:. . -
"Provided. however. that no district shall
be created except bv act of the Laqislature and
then onlv after thirtv (30) davs' public notice
-1983-
. ‘
Ron. Ralph M. Hall, page 3 (M-400)
to the district affected, and in no event
mav the Leaislature provide for a aistrict
to be created without the affirmative vote
of a maioritv of the taxoavinu voters in
the distxict concerned.* (Emphasis supplied.)
H. B. 1214 relates to the creation, administration,
powers, duties, and financing of the "South Eastland County
Hospital District* of Rastland and Comanche Counties. Section
1 authorizes the creation of the district under the provisions
of Article IX, Section 9, Constitution of the State of Texas,
*over a part of Rastland and Comanche Counties . . . with such
rights, powers, and duties as provided in this Act, . . .*
It than sets out a description of the limits of the district
by metes and bounas. Section 2 defines the purpose of the
district, which is imnaterial to our holding. Section 3 is
the key provision, as it provides for the creation and authori-
zation of the district, the basic portions of which are quoted,
in part:
"Sec. 3. ELECTION TO CREATE DISTRICT.
3 The district shall not be cxeatad,
nor shall any tax therein be authorized unless
and until such creation and such tax are approved
by a majority of the qualified property taxpaying
electors of the m or grass of the proposed district
voting at an election called for such purpose in
accordance with this Act.
* . . . In the avant the comissioners court
of a county namd herein shall elect to call an
election for a creation of the district, and the
commissioners court of the other county shall not
so elect, then all the terms and provisions of this
Act shall be deemed to apply, and the tams shall only
apply, to the areas of the county in which the district
is so created.
\
-1984-
Hon. Ralph H. Hall, page 4 (M-400)
*
. . .
"M The commissionars courts of Eastland
and Comanche counties m in the election order
specify a procedure by which the proposed district
is confirmed and the tax authorized by areas, as
designated herein, within the mates and bounds of
the proposed hospital district as described in
Section 1 of this Act, or the two commissioners
courts I&Y choose to submit the election proposal
to the entire district for confirmation. For
purposes of confirmation of the district and
authorization of the tax, the proposed hospital
district may be divided into the following three
areas: (1) that Portion of the Carbon Indmendent
School District, as those school district boundaries
are set on the effective date of this Act. within
the proposed hosvital district (2) that Portion of
the Desdemona Indewndent School District. as those
school district boundaries on the effective date of
this Act, within the proposed hospital district, and
(3) the remsining portion of the proposed hospital
district not included in either of the aforementioned
areas. Only those areas. as deacribad herein, in
which a maloritv of the cualified vrowrtv taXVaYinq
electors vote in favor of the provosition to create
a hospital district shall be included in the confirmed
hospital district, vrovided that,&? are.a.sconfirminq
the hosVita1 district shall be canticuous in nature.
In the event the commissioners courts of Eastland and
Comanche counties choose to submit the election proposition
to the entire dietrict as described, a majority of the
qualified tax paying electors voting at said election in
favor of the proposition shall be sufficient for con-
firmation of the entire district. (Emphasis~~supplied.)
- ,I985 -
.
.
Hon. Ralph W. Hall, page 5 (W-400)
*(e) Within 10 days after such election
is held, the commissioners court of each county
in which the election for craation.of the district
is held shall convene and canvass the returns of
the election, and the maj,orityof‘the qualified
property taxpaying electors voting at said election
vote in favor of the proposition, they shall so
find an8 declare the hospital district established
and created in said county and designate the areas
in which the hospital district is created in said
county. Any area, described herein, not voting
to create the district shall not be restricted
from joining the district at another date provided
that. . . .*
It is our opinion that your first question may
be answered by reference to the first-quoted clause of
Section 9 of Article IX of the Constitution. The Legislature
is empowered to create hospital districts composed of *one
or more countias or all or any part of one or more counties.*
Within this limitation, coupled with Lagislative discretion
and prerogative, the Legislature may define the boundaries
of a particular district, incluaing areas therein who may
be opposed to its creation. Redress is offered the opposition
through voting at the authorization election that must be
held in order for the district to be created, in accord with
the sanm Section of the Texas Constitution.
Your second and third questions may also be answered
by the quoted section of the Texas Constitution, which provides
*that in no event may the Legislature provide for a district to
be created without the affirmative vote of a majoritv of the
taxvavins.voters in the district concerned." Since H.B. 1214
defines the limits of the district in Section 1, it is our
opinion that an affirmative vote of a majority of tba taxpaying
voters within the entire area defined in Section 1 is necessary
-1986-
Honorable Ralph M. Hall, page 6 (B-400)
under the Texas Constitution. Insofar as H.B. 1214 allows
a method of creation of a district other than that prescribed
in Section 9 of Article IX, that is, by permitting acceptance
or rejection thereof by particular areas within the district,
we hold H. B. 1214 to be unconstitutional.
SUIIHARY
The Legislature is bound only by the provision
of Article IX, Section 9, Texas Constitution, in
defining boundaries of hospital districts created
thereunder. House Bill 1214, as written, is un-
constitutional, insofar as it permits a method of
creation of the district other than that prescribed
in Section 9 of Article IX, Constitution of Texas.
Yaws vary truly,
C FORD C. MARTIN
A General of Texas
Prepared by Donald Cummings
Assistant Attorney General
APPROVED:
OPINION CCMMITTBE
Rerns Taylor, Chairman
George Relton, Vice Chairman
Bill Allen
Bill Corbusier
Bob Crouch
Jim Swearingen
W. V. Geppert
Staff Legal Assistant
Hawthorne Phillips
Bxacutive Assistant
- 1987-