Untitled Texas Attorney General Opinion

E .A NEX- GENEELM. OF TEXAS July 18, 1968 Honorable Joe Resweber Opinion No. M-261 County Attorney Harris County Courthouse Re: Authority of the Board of Houston, Texas 77002 Managers of the Harris Coun- ty Hospital District and the Harris County Board of Trus- tees for Mental Health and Mental Retardation to enter into an agreement whereby the hospital district would furnish certain facilities for use by the organization headed by the Board of Trus- tees in rendering mental health services to residents Dear Mr. Resweber: of Harris County. Your request for an opinion concerns the author- ity of the Hoard of Managers of the Harris County Hospital District and the Harris County Board of Trustees for Mental Health and Mental Retardation to enter into an agreement whereby the hospital district would furnish certain facil- ities for use by the organization headed by the Board of Trustees in rendering mental health services to residents of Harris County. The Harris County Hospital District was created pursuant to the provisions of Section 4 of Article IX of the Constitution of Texas and Article 4494n, Vernon's Civil Statutes, enacted pursuant to Section 4 of Article IX. The Harris County Hoard of Trustees for mental health and mental retardation constitutes a community center established pursu- ant to the provisions of Article 5547-203, Vernon's Civil Statutes. The Harris County Hospital District has the re- sponsibility for furnishing medical or hospital service to all indigent and needy individuals in Harris County. Attor- ney General's Opinion No. C-641 (19661. In Attorney General's Opinion No. C-646 (1966) it was held: - 1264- Hon. Joe Resweber, page 2, (M-261) "Section 9 of Article IX of the Con- stitution of Texas does not permit a county in which a hospital district is created pur- suant thereto to expend tax monies for med- ical and hospital services, but places such power, duty and authority in such hospital district. The hospital district in such event is the local authority through which community centers for mental health and mental retardation services are to be estab- lished, pursuant to the provisions of Article 5547-203, Vernon's Civil Statutes." However, the above holding was based upon the pro- hibition contained in Section 9 of Article IX of the Constitu- tion of Texas as then written, which stated as follows: II . . . providing that after its creation no other municipality or political subdivision shall have the power to levy taxes or issue bonds or other obligations for hospital pur- poses or for providing medical care within the boundaries of the district; . . ." Section 13 of Article IX of the Constitution of Texas was adopted subsequent to Attorney General's Opinion No. C-646, supra, and provides: "Notwithstanding any other section of this article, the Legislature in providing for the creation. establishment. maintenance shall assume full reiponsibility of public health department units and clinics and related public health activities or services, and the Legislature shall not be required to restrict the power of any municipality or political sub- division to levy taxes or issue bonds or other - 1265- . I , Hon. Joe Resweber, page 3, (M-261) obligations or to expend public moneys for the establishment, maintenance, support, or opera- tion of mental health services, mental retarda- tion services, public health units or clinics or related public health activities or services or the operation of such community mental health or mental retardation centers within the bound- aries of the hospital districts; and unless a statute creating a hospital district shall ex- pressly prohibit participation by any entity other than the hospital district in the establish- ment, maintenance, or support of mental health services, mental retardation services, public health units or clinics or related public health activities within or partly within the boundaries of any hospital district, any municipality or any other political subdivision or state-sup- ported entity within the hospital district may participate in the establishment, maintenance, and support of mental health services, mental retardation services, public health units and clinics and related public health activities and may levy taxes, issue bonds or other ob- ligations, and expend public moneys for such purposes as provided by law." (Emphasis added.) The purpose of the adoption of Section 13 of Ar- ticle IX of the Constitution was to permit community health centers theretofore established and thereafter to be estab- lished in those counties wherein a hospital district was established to participate in the program established by the Texas Mental Health and Plental Retardation Act, and to that extent the prohibition contained in Section 9 of Article IX of the Constitution of Texas insofar as far as it relates to mental health services and mental retardation services was removed. The Texas Mental Health and Mental Retardation Act is codified in Vernon's as Articles 5547-201 through 5547-204, Vernon's Civil Statutes. Article 3 of the Mental Health and Mental Retardation Act expressly permits the establishment and operation of community centers for mental health and mental retardation services such as the Harris County Board of Trustees for Mental Ilealth and Mental Retardation. Section 3.01 provides for the cooperation of hospital districts in the rendering of mental health services and mental retarda- tion services. Section 1.01 of Article 1 of the Act states that the purpose of the Act is for the conservation and res- toration of mental health among the people of this state and - 1266- Hon. Joe Resweber, page 4, (M-261) to provide for the effective administration and coordination of mental health services at the state and local.levels. In view of the provisions of Section 13 of Article IX of the Constitution of Texas and the provisions of the Texas Mental Health and Mental Retardation Act (Articles 5547-201 through 5547-204, V.C.S.), you are advised that the Board of Managers of the Harris County Hospital District and the Harris County Board of Trustees for Mental Health and Mental Retardation may enter into agreements whereby the hospital district will furnish certain facilities to the community health center for use in rendering mental health services and mental retardation services to residents of Harris County. SUMMARY __----- The Board of Managers of the Harris County Hospital District and the Harris County Board of Trustees for Mental Health and Mental Retardation may enter into agree- ments whereby the hospital district will furnish certain facilities to the community health center for use in rendering mental health services and mental retardation services to residents of Harris County. truly yours, ORD C. MARTIN General of Texas Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman Brock Jones John Grace Fielding Early Robert Crouch A. J. CARUBBI, JR. Executive Assistant - 1267-