Honorable Curtis Renfro Opinion Ro. C-646
Dlstrlct Attorney
46th Judlcli%lDistrict Rer Authorits of Wllbaraer
Vernon, Texas County ts pay for l&d
on which is to be estab-
lished a facility to be
opeiated by the Texas
..Department'ofKental
Eealth and Mental.Retar-
datlon, and related ques-
Dear Nr. Renfror tions.
Pour request for an opinion on the above subject matter
pose6 -the following~questlons:
"A. Can Wllbarger County pay for the
land ln'connectlonwith thls:projectout of
ties collected for the permanent iplprovements
to be used by Wllbarger County?
"2. e Wilbarger County accepts :the~title
to salirland, may the county, as a polltical
subdivision, transfer the title to~sald land to
the State of Texas- or, to the Texas Department
of BfentalHealth and Mental Retardation d.sset
out ln Article s, Sections --
201 to 2047
n+ Since Wllbarger County has established
a Hasp tal Distrlckunder Provision ww ln See-~
tlon 22, Acts of the th Legislature,and based
under-e authority o%- rtlCLe 2, Section 2 of the
Constitution of Texas, wlll.the purchase by Wll-
barger County of certain kids to be used by the
Texas Department of Mental Health and Mental Re-
tardation be interferingwith said Hospital Dls-
trlct - or In conflict therewith?
"4. If your answer to question Ho. 1 Is ln
the af~lrmatlve,ldayWllbarger County lssiiethe
warrants for the payment of said land to be used
D artment of Mental Realth and Mental
by the 'F.exas
Retardation?" rmphasls yours).
Section 9 of Aytlcle IX, Constitution of Texas, provides:
-3135-
Ron. aurtls Renfro, page 2 (C-646)
“Sec. 9. The Legislaturemay by law provide
for the creation, establishment,maintenanceand
operation of hospital districts composed of one
or more countlea or all or any part of one or more
counties with power to Issue bonds for the purchase,
construction,acqulsltlon,repair or renovationof
building and improvementsand equipping same, for
hospital purposes3 providing for the transfer to
the hospital district of the title to any land,
buildings,improvementsand equipment located
wholly wlthln the district which may be jolDtly
or senaratelv owned bv anv citv. town or countv.
andcounties for hospital purposes, prior to th
creation of th e district, if same are Located Golly
within Its boundaries,and a pro rata portion of
such indebtednessbased upon the then last approved
tax assessment rolls of the Included cities, towns
and counties If less than all the territorythereof
of all taxable.propertywithin such district for the
~ purpose of meeting the requirementsof the district's
banIs, the Indebtednessassumed by it and its maln-
tarnce and operating expenses, providing that such
district shall not be created or such tax authorleeQ
UdlQss approved by a majority of the qualified proper-
ty taxpaying electors thereof voting at an election
called.forthe purpose; and providing further that :
the support and maintenance of the district18hospl-
til system shall never become a charge against or
obPlgatlonof the State of Texas nor shall any direct
moprlatlon be made by the Legislature for the
cestructlon, maintenance or improvementof any of
the facilities of such district.
"Provided,however, that no district shall be
cxmated except by act of the Legislature,and then
akly after thirty (30) days' public notice to the
dUtrlct affected, and in no event may the Legisla-
ture provide for a district to be created without
-3136-
Hon. Curtis Renfro, page 3 (C-646)
the affirmative vote of a majority of the
taxpaying voters ln the district concerned."
(Emphasisadded throughout).
Article u*q-22, Vernoh's Civil Statutes, provides for
the breatlon, establlshiuent,maintenanceand operation of the
Wilbarger County Hospital Mstrlct ln accordance with the pfo-
vlslons of Section Article IX of the Constltut%cmof Texcrs.
Section 1, Article z494q-22, V.C.S.
Section 13 of Article &94q-22, Vernon's Civil Statutes,
provIdesI
"Set* 13. After the hospital district has
beenn'organlzedpursuant to this Act, Wither
Wllbarger County nor any city therein shall 1eVy
any IXJCfor hospital purpoeesJ and such hospital
district shall be deemed to have assumed full.
responalbllltyfor thenfurnLshlng of medical and
hospital c@re for the needy and indigent persons
residing In.sald hospital district frarithe date
that taxes are collected for the hospital dlst-
rict.”
The Texas Xental Health and Mental RetardatlonAct Is
ccidlfled in Vernohcs as Articles 5!$&7-2Olthrou&h 5547-204,
Vernon’s Clvll Statutes. Article 3 of the Mental~Health and
Mental RetardationAct, c@lfled in Vernon's as Artii?le5547-
203, V.C.S*, provides for the establYshmentand operation of
community centers for mental health and mental retardation ser-
vices. Section 3,Ol provides8
"Sec. 3.01. (a) One or more cities, coun-
ties, hospital districts, school districts, re-
habllltatl dltlt state-supportedlnstltu-
$lons of h&er'e&za&m, and state~supported
Mica1 schools, or any combination of these, may
cooperate, negotlate;and contract with each other
through their governing bodies to establish and
operate a community center.
s used ln this Act, a lcommunltycen-
ter' LP'ie*A
1T 6 ccmmunlty mental health center, whloh
provldes mental health services
(2) a communltymentalre Gatlon center,
whlah provides rental retardation services; or
(3) a casmmlty mental health and mental re-
tardation center, which provides mental health and
mental retardatlan services."
-3137-
Bon. Curtis Renfro, page 4 (C-646)
Section 1.01 of Article 1 O? the Texas Mental Health and
Hental RetardationAct (Article 5547-201, V.C.S.) states that
the purpose of the Act 18 for the conservationand restoration '
of mental health among the people of this State and to provide
for the effective admlnlstratlonand coordinationof mental
health services at the State and local levels.
Subdlvlslons5, 6 and 7 of Section 1.02 of Article 1 of
. the Mental Health and Mental RetardationAct define mental health
sertices,mentally retarded person, and mental retardationser-
vices as followsr
“(5) 'mentalhealth services' Includes all
services concerned wlth the prevention and detec-
tlcn of mental disorders and dlsabllltles~andthe
treatment and rehabilitationof mentally dlsorder-
ed persons;
“(6 lmentallyretarded person! means any
person oiher than a mentally disordered person,
whose mental deficit requires him to have special
training, education, supervision, treatment,aare
or control ln his home or ccuununity,or In a state
school for the mentally retarded;
~ .:7J (mental retardation services' Includes
ces concerned with research, prevention,
and the detection of mental retardationand,all
services related to the eduaatlon, training, re-
hrbllltatlon,care, treatment, supervision,and
control of'mentaUy retarded persons)"
In view of the deflnltlons quoted above, mental health
setvicesand mental retardation services constitutemedical
and hospital care, within the meaning of Section 9 of Article
IX of the Constitutionof Texas. Scott v. Guardian Life In-
surance Co., 397 S.W.2d 463 (Tex.av.App., applicationPend-
1 ) Therefore In the event a hospital district Is created
fz ihe county, the county does not have the power to levy
taxes to provide for such medical services, as such power and
obligationrest exclusively on the hospital district. Bexar
pita1 District V. Crosby 160 Tex. 1.16 327 Sm
Att G 1 Opkon c-382 (1965);Attorney
&11:?:~64?~:"966'.
Uhlle,Bexar County Hospital District v. Crosb& supra, and
the foregoingAttorney Denmalts opinions construed similar pro-
vislons of Section 4 of Article IX of the Constitution of Texas
Hon. Curtis Renfro, page 5 (C-646)
_ . 4#+n, Vernon's Civil Statutes, the principles
and Article
announced in these authorities are equally applicable to the
constructionof Section 9, Article IX of the Constltutlon.of
Texas and Article k@kq-22.
You are thereforeadvised In answer to your first ques-
tion that Wllbarger County, under the facts submitted,does not
have authority to pay for land for the purpose of establishing
a camnunlty center for mental health and mental retardation ser-
vices out of taxes collected for permanent improvementsto be
used by Yllbarger County3 rather, such power remains in the Wil-
barger County Hospital District pursuant to the provisions of
Section 9 of Article IX of the Constitutionof Texas, Article
&&&q-22 and Article 5547-203, Vernon's Civil Statutes. Thus,
the Wilbarger County Hospital District may provide for the
establishmentand operation of a community center for mental
health and mental retardation services, pursuant to the provis-
ions of Section 3.01 of the Texas Nental Health and Mental Retar-
dation Act, and has the authority to purchase the land on which
is to be established such a facility, to be operated by the
Texas Department of Hental Health and Wental Retardatlcn.
In view of our answer to Question 1; It Is unnecessary
to answer your remaining questions.
STJJ@fARY
Section 9 of Article IX of the Constitutionof
Texas does not permit a county In which a hos-
pital district is created pursuant thereto to
..exRendtax mon1e.sfor medical and hospital ser-
vices, 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 re-
tardation services are to be established,pursuant
to the provisions of Article 5547-203, Vernon's
Civil Statutes.
Yours very truly,
WAGGONER CARR
Attorney General
JRtms
~0x1.C&tie bnfro, .page 6 (0-646)
APPROViDt
OPIRIOWCONWITTRR
W. Vi (teppert,Ch13lrman
bl elm Quick
w. 8. Shultz
Roy Johnson
James Strock
~&PPRO9EDFORTIiRA~~Q~~L
By: T. B. Wright