Untitled Texas Attorney General Opinion

Honorable Jim N. Thompson Opinion No. C-660 County Attorney Lamar County Re: Whether Lamar County Hos- Paris, Texas pita1 District has legisla- tive authority to convey real estate to the county on which to construct a building to house various Dear Mr. Thompson: welfare agencies. Your letter requesting an opinion of this office, reads, in part, as follows: "Article 4&q@ was passed by the legisla- ture which created Lamar County Hospital Dis- trict. In Section III of said Article the commissioners court was bound to execuce and deliver to the District, a written instrument to convey all property real, personal or mixed to the District, which, of course, was done. The situation has arisen now whereby for the benefit of Lamar County and the Hospital Dis- trict, a portion of the real property needs to be conveyed back to Lamar County so that a building could be constructed to house the various welfare agencies. "Article 4&q&& which is a special statute, does not empower the Lamar County Hospital Dis- trict to convey real estate. Since this Is a special act of the legislature, I am wondering if there is any general action of the legislature or other provision of the law which would be con- trolling of this special act and from which the Lamar County Hospital District would have authority to sell real estate to the commissioners court (Lamar County) on which to construct said building." Section 6 of Article IX of the Texas Constitution authorized the Legislature to create a Hospital District co- extensive with Lamar County. The same powers, duties, and limitations, with minor tax valuation exceptions, were granted -3190- . Hon. Jim N. Thompson, page 2 (C-660) Lamar Count Hospital District as the rovisions set forth in Section 5(aT Article IX. Section 5(aB Article IX provides in part that'the Legislature shall provide that title to properties be transferred to the Hospital District. The Legislature, under Article 4494q, Vernon's Civil Statutes, authorized Lamar County to constitute itself a hos- pital district for purposes of operating the hospital system previously operated by the county. The Lamar County Hospital District is a corporate governmental body charged with the power and authority to operate the hospital and hospital system. Bexar County Hos- pital District v. Crosby, 327 S.W.2d 445 (1959) S tion 3 of Article 4494q provides for the conveyance of'alle~ospital property real personal or mixed to the Hospital District. As the H&pitai District was created by the Constitution and the Legislature authorized the District to hold title to hos- pital land conveyed by Lamar County, the Lamar County Hospital District has power and authority granted by the Legislature to administer hospital lands conveyed to the District for hospital purposee. Bexar County Hospital District v. Crosby, supra. However, In the case of Lower Nueces River Water Supply District v. Cartwright, 274 S W 2d 199 (Tex.Civ.App. 1954. error ref. n.r.e.. at Daze 207j. the San Antonio Court o?-Civil Appeals statedZthe geGeral‘&e applicable to corporate governmental bodies: "The Supreme Court has held that dis- tricts created for special purposes such as water control and improvement districts water supply districts and the like, perform iimlted rather than general functions when compared to the older types of municipal organizations, such as cities. 'The powers of such districts are measured by the terms of the statutes which authorized their creation, and they can exercise no authority that has not been clearly granted by the legislature.' Tri-City Fresh Water Supply Dist. No. 2 of Harris County v. Mann, 135 Tex. 280, 142 S.W.2d 945, 948. It follows that in determining the corporate powers of such dis- tricts, it is necessary to examine in some detail the legislative act and the constitu- tional basis upon which it rests. . . ." -3191- Hon. Jim N. Thompson, page 3 (C-660) After extensive review of Sections 5(a) and 6 of Article IX and Article 449&q it is our opinion that the Lamar County Hospital District has no authority, under the above provisions or under any existing general statute, to convey land of the Hospital District to Lamar County. All powers of the Lamar County Hospital District are derived from the specific articles of the Constitution set forth above and Article @Q&q, said provisions being specifically applicable to the Lamar County Hospital District. Qeneral provisions of Article &&?+q granting power and authority to the Lamar County Hospital District to manage, control and administer the hospital or hospital system do not authorlze,the Hospital District to convey hospital land to Lamar County. SUMMARY The Lamar County Hospital District has no authority to convey land of the Hospital District to Lamar County. Very truly yours, WAOGONRR CARR Attorney ffeneral /222d %L.‘&& By: Gordon Houser Assistant QH:mkh:ml APPROVED: OPINION COMMITTEE W. 0. Shultz, Chairman John Banks Pat Bailey Ben Harrison APPROVED FOR THB ATTORNEY GENERAL BY: T. B. Wright -3192-