THEA~TORNEY GENERAL
OFmXAS
AUSTIN 11. TEXAS
W’ILL WILSON
AlTORNEYOENERAL
July 7, 1960
Mr. Steve Preslar Opinion No. WW-873
County Attorney
Upton County Re: Does the Commissioners Court
Rankin, Texas of Upton County have author-
ity to establish a separate
Board of Managers for County
Hospitals or must such hosp-
itals be operated by a single
Dear Mr. Preslar: Board of Managers.
Your letter and accompanying brief requesting an
opinion of this Department regarding the above question
states in part as follows:
"Upton County owns and operates two
County Hospitals, one In the City of Mc-
Camey and one in the City of Rankin, some
twenty miles apart, which were acquired
under authority of Article 4478 In the
year 1952. Such hospitals have, since their
acquisition, been operated by a single Board
of Managers, but the Commissioners Court has
now established a separate Board of Managers
for each hospital as more fully appears from
the copy of the Resolution attached hereto
. . .II
Article 4478, Vernon's Civil Statutes, reads in
part as follows:
"The commissioners court of any county
shall have power to establish a county hosp-
ital and to enlarge any existing hospitals
for the care and treatment of persons suffer-
ing from any Illness, disease or injury, sub-
ject to the provisions of this chapter. At
intervals of not less than twelve months, ten
per cent of the qualified property tax paying
voters of a county may petition such court to
provide for the establishing or enlarging of
a county hospital, in which event said court
Mr. Steve Preslar, Page 2 (~~-873)
within the time designated in such petition
shall submit to such voters at a special or
regular election the proposition of issuing
bonds In such aggregate amount as may be
designated In said petition for the establish-
ing or enlarging of such hospital. Whenever
any such proposition shall receive a majority
of the votes of the qualified property tax
payers voting at such election, said commis-
sioners court shall establish and maintain
such hospital and shall have the following
powers:
1f
. . .
"2. To purchase or erect all necessary
buildings, make all necessary improvements
and repairs and alter any existing buildings,
for the use of said hospital. The plans for
such erection, alteration, or repair shall
first be approved by the State Health Officer,
if his approval is requested by the said
commissioners court.
11
. . .
"4. To issue county bonds to provide
funds for the establishing, enlarging and
equipping of said hospital and for all
other necessary permanent improvements In
connection therewith; to do all other things
that may be required by law in order to
render said bonds valid.
“5. To appoint a board of managers for
said hospital.
Article 4490, Vernon's Civil Statutes, reads in
part as follows:
"When deemed advisable by the commis-
sioners court, and approved by the State
Board of Health, a county may maintain more
than one county hospital for the purpose
aforesaid. Id."
Mr. Steve Preslar, Page 3 (~~-873)
According to the official bond transcript filed
in the office of the Comptroller of the State of Texas,
on the 16th day of April, 1952, the Commlssioners Court
of Upton County, Texas, after being petitioned by ten
percent (10%) of the qualified voters followed by an
election as required by law ordered that Upton County
Hospital Bonds be issued, proceeds therefrom to be used
for the following purpose:
"BE IT ORDERED, ADJUDGED AND DECREED
BY THE COMMISSIONER'S COURT OF UPTON COUN-
TY, TEXAS:
"1 . That the bonds of said County to
be known as 'Upton County, Texas, Hospital
Bonds, Series 1952', be issued under and
by virtue of the Constitution and laws of
the State of Texas, and particularly under
the provisions of Article 4478, Revised
Civil Statutes of Texas, 1925, for the pur-
pose of providing funds for the establishing
and equipping of a County Hospital, by pur-
chasing the existing hospital building and
equipment In McCamey and constructing and
equipping a hospital building In Rankin, ac-
quiring any necessary land therefor, and for
all other necessary permanent improvements
in connection therewith." (Emphasis added)
It has been said many times that the general rule
relative to the proper interpretation of statutes is that
the intention and meaning of the Legislature must be ascer-
tained from the language of the statutes comprising tne
subject, read as a whole. Article 4478-4494a, Vernon's
Civil Statutes, are the statutes giving power to the
Commissioners Court to establish a County Hospital and to
enlarge existing hospitals. These statutes, and particu-
larlyArticle 44.78,Vernon's Civil Statutes, make provisions
for "a county hospital," the singular and never the plural
being-used in said statutes. The only statutes which could
be construed to mean more than "a county hospital" are
Article 4493, which is only applrcable in counties which
may have a city of more than 10,000 population, and Article
4494, which authorizes two or more adjacent counties to
join for the purposes of this law and erect one or more
hospitals for their joint use, but neither statute applies
here since there is not city in Upton County with a population
exceeding 10,000 inhabitants, nor is there any question here
of joint ownership between two counties.
Mr. Steve Preslar, Page 4 (~~-873)
We would also like to refer, again, to the order
of the Commissioners Court, dated April 16, 1952, author-
izing the issuance of bonds for the building of "a county
hospital." This order, in addition to the language in
the above statutes, makes It abundantly clear that only
one hospital was intended In ,Upton County, the hospital to
include two units, one in McCamey, Texas, and one in Rankin,
Texas.
It is, therefore, the opinion of this Department
that the Commissioners' Court of Upton County, Texas, did
not have the statutory authority to establish two separate
hospitals from the proceeds of the one bond election under
the facts stated but, on the contrary, were authorized to
establish only one county hospital consisting of two units,
one to be located in McCsmey, Texas, and one to be located
in Rankln, Texas. It is not necessary here to answer the
question as to whether, under Article 4490, Vernon's Civil
Statutes, more than one hospital can be maintained in a
county, as mentioned in your brief, but we will point out
that in Attorney General's Opinion No. O-6824,it was stated
that additional hospitals could be maintained under this
statute.
Since, in our opinion, it has been established that
only one county hospital was authorized in Upton County, we
now consider.your original question as to separate Boards
of Managers for the hospital unit in McCsmey and the hospital
unit in Rankin, Texas, and in doing so we call your attention
to Article 4479, Vernon's Civil Statutes, which provides in
part as follows:
"When the commissioner's court shall
have acquired a site for such hospital and
shall have awarded contracts for the neces-
sary buildings and improvements thereon, It
shall appoint six resident property taxpay-
ing citizens of the county who shall consti-
tute a board of managers of said hospital.
The term of office of each member of said
board shall be two years, except that in
making the first appointments after this Act
takes effect three members shall be appointed
for one year and three members for two years
so that thereafter three members of said
board will be appointed every two years. . .
In addition, we would like to quote from the Summary
in Attorney General's Opinion No. v-610 as follows:
Mr. Steve Preslar, Page 5 (~~-873)
"Anderson County is authorized to
vote bonds under Article 4478, et seq.,
for the purpose of 'establishing . . .
and equipping a county hospital.' If
the election carries, then the Commis-
sioners' Court in the exercise of its
discretion, may establish such hospital
at Palestine with additional buildings
at Elkhart and Frankston. Said hospitals
should operate under one board of managers,
Art. 4479, V. C. S."
After further research and consideration, the
opinion of this Department remains the same as in the
above quoted o inion. Therefore, we again state that,
479, Vernon's Civil Statutes, only one
under Article li:
board of managers may be appointed for a county hosp-
ital and that since only one county hosFita1, conslst-
ing of two units, was authorized by the order of the
Upton County, Texas, Commissioners' Court on April 16,
1952, It is our opinion that only one board of managers
may be appointed to manage the two units which comprise
the county hospital in Upton County.
SUMMARY
She Commissioners Court of Upton County
is authorized to appoint only one Board
of Managers for the County Hospital in
Upton County, said hospital consisting
of two units, one unit in McCamey, Texas,
and the other in Rankin, Texas.
Yours very truly,
WILL WILSON
1BW:mm Iola B. Wilcox J
APPROVED: Assistant
OPINION COMMITTEE
Gordon C. Cass, Chairman
Houghton Brownlee, Jr.
C. Dean Davis
J. Milton Richardson
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore