June 10, 1953
Hon. Lloyd G. Rust, Jr. Opinion No. S-50
County Attor,ney
Wharton County Re: Authority of the commis-
Wharton, Texas .sion.era
' court to use funds
in the 'General Fund Hospi-
tal Reserve Account" to
construct an addition to
Wharton County Nightingale
Dear Sir: Hospital.
You have asked us the following question:
"Can Wharton County pay part of the con-
struction costs of an addition of some twelve
rooms to Wharton County Nightingale Hospital
out of money held by the Treasurer in the
General Fund Hospital Reserve Account, which
money was acquired as net operating profits
of the Wharton County Nightingale Hospital
in prior years and turned over to the
Treasurer of Wharton County as profits de-
rived from the operation of said hospital
and kept by him In said General Fund Hospital
Reserve Account?"
This office held in Attorney General Opinion
V-567 (1948):
If
. . . tax money raised for hospital
maintenance purposes comes from the general
fund levy, whereas tax money for the es-
tablishment and construction of a county
hospital comes from the permanent improve-
ment levy. Ther,efore,the Commissioners'
Court Is without authority to appropriate
hospital maintenance funds for hospital
construction purposes, for such ay)propria-
tion would constitute an unlawful transfer
and diversion of constitutional funds."
Article VIII, Sec. 9, Tex; Const.; Carroll
v. Williams, 109 Tex. 155, 202 S.W. 504
(1918).
Hon. Lloyd G. Rust, Jr., page 2 (S-50)
Construction of an addition to Wharton County
Hospital is a permanent improvement, and cannot be paid
from general funds.
Therefore, we agree with your conclusion that
Wharton County is not authorized to use money in the
general fund hospital reserve account, same being a part
of the general fund, for the purpose of constructing an
addition to Wharton County Hospital.
We are enclosing copies of Attorney General
Opinions v-567 (1948) and v-608 (1948).
SUMMARY
Wharton County is not authorized to
use money in general fund hospital reserve
account (general fund) for the purpose of
constructing an addition to Wharton County
Hospital. Art. VIII, Sec. 9, Tex. Const.
Yours very truly,
APPROVED: JOHN BEN SHEPPERD
Attorney General
J. C. Davls, Jr.
County Affairs Division
Willis E. Gresham By -4J-- e. a+$
Reviewer Sam C..Ratliff
,,_
_.
../ Assistant
Robert S. Trottl
First Assistant
John Ben Shepperd
Attorney General
SCR:am
Encls.