Untitled Texas Attorney General Opinion

Honorable Henry Wade Opinion No. M-102 District Attorney Dallas County Re: Whether the Dallas County Dallas, Texas 15202 Auditor has the authority to carry out certain dele- gated duties authorized by an order of the Commissioners Court of Dallas County pur- suant to Art. 4494n, Vernon's Dear Sir: Civil Statutes. You have requested the opifiionof this office on the following question: Does the County Auditor of Dallas County have the authority to carry out duties authorized by Commissioners Court Order No. 44304, dated April 3, 19671 Article 4494n, Vernon's Civil Statutes, governs the creation and operation of the County Hospital District in Dallas County. Section 6 of Article 4494n reads as follows: "The Commissioners Court of any such county shall have the power to prescribe the method and manner of making purchases and expenditures by and for such Hospital District, and also shall be au- thorized to prescribe all accountins and control procedures, or may delegate any or all such powers to the Board of Managers of such District by the adoption of an appropriate resolution or order to that effect. The Hospital District shall pay all salaries and expenses necessarily incurred by the county or any of its officers and agents in per- forming ar.yduties which may be prescribed or re- quired under this section. It shall be the duty of -460- Hon. Henry Wade, Page 2 (M-102) anv officer, employee or agent of such county to perform and carrv out any function or service pre- scribed bv the Commissioners Court hereunder.*' (Emphasis aa2ea.I The Dallas County Commissioners Court adopted Order No. 44304, dated April 3, 1967, which reads in part as follows: .... . . . "'Accounting Procedures: The Hospital Admini- strator and the County Auditor, representing the Com- missioners Court, shall jointly establish and keep in full force and effect Accounting Procedures for the Hospital District subject to the approval of the Hos- pital District Board of Managers."' The Legislature in enacting Section 6 of Article 4494n, Vernon's Civil Statutes, made it very clear that the Commissioners Court has the power to prescribe the accounting and control proce- dures for the Hospital District, or that "any or all" of the powers granted may be delegated to the Board of Managers of such District by the adoption of an appropriate resolution or order to that ef- fect. 'The Board of Managers has the power to authorize the Hospital Administrator to act for the Board of Managers. This same Section 6 also sets out that it shall be the duty of any officer, employee, or agent of the county to perform and carry out any function or service prescribed by the Commissioners Court, and also provides for their reimbursement for carrying out said function or service. Article 4494n, Vernon's Civil Statutes, in Section 6, gives the Commissioners Court broad discretion to delegate authority to the Board of Managers and the Administrator of the Hospital Dis- trict and to any officer, employee, or agent of the county. The Commissioners Court, under authority of Article 4494n, Section 6, has by official order aelegated the duty to the County Auditor, jointly with the Hospital Administrator, to establish and keep in full force and effect accounting procedures for the Hospital District of Dallas County subject to the approval of the Hospital District Board of Managers. -461- Hon. Henry Wade, page 3 (M-102) SUMMARY Under the authority of Section 6 of Article 4494n, Vernon's Civil Statutes, the County Auditor of Dallas County has been given proper authority, by the Commissioners Court, jointly with the Hospital Administrator, to establish and keep in full force and effect accounting procedures for the Hospital District subject to the approval of the Hospital District Board of Managers. 8 very truly, Prepared by William J. Craig Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman Marvin Sentell Ronald Luna Mary K. Wall Jack Goodman A. J. CARUBBI, JR. Staff Legal Assistant -462-