. ,- -
Honorable 0. C. Olsen
C0unt.yAttorney
Wlnkler County
Kermit, Texas
Dear Sir: Opinion No. O-6824
Re: Whether a petltlon to the
Commlasloners~ Court of
Wlnkler County requesting
theeatabllahment of two
county hospitals from the
proceeds of one bond elec-
tion Is legal; If not, will
It prevent an election on a
second petition for the
establishment of one hospl-
tal?
Your request for our opinion on the above questions reads as
Pol,lows
z
"To the Honorable J. B. Salmon, County Judge of Wlnkler
County. Texas. there has been preaented what Is purported to
be a pktitlonFreading as follows:
", PETITION
TO THE HONORABLE COMMISSIONERS COURT OF WINKLER COUNTY,
TEXAS:
We, the undersigned property owners of Wlnkler County,
Texas, do hereby petition and pray that an election be
ordered In and throughout said Wlnkler County, sub-
mitting to the qualified voters of said County, the
proposition for the issuance ef bonda of said county
in the sum of One Hundre~dFifty Thauaand ($150,000)
Dollars for the purpose of acquiring sites, construc-
tion, and equipment of two hospltal units in Wlnkler
County; said sums to be allocated as follows: $100,000
for the building and equipping of a modern hospital to
be located within the city limits of Kermit, Texas,
and $50,000 for the building and equipping of a modern
ilon.G. C. Olsen, page 2 (0-6824)
hospital to be located with&the city limits of
Wink, Texas; and whether or not an ad valorem tax
shall be levied on all taxable property in said
county for the purpose of paying the interest on
said bonds and to provide a sinking fund for the
redemption thereof at maturity.
"On the same day that the above ,purported petition
was delivered to the County Judge oi,Wlnkler County,
Texas, but at a later hour ln that same day there was
presented to the same said County Judge a petition
praying for the calllng.of an election for the acquiring
of a site, and the establishing, erection, construction,
and equipping of a County Hospital in Wlnkler County,
Texas ; such hospital to be located In Kermit, Texas,
"The Commissioners Court of Wlnkler County, Texas,
has asked that I secure from you an opinion on the
following:
,~
“1. Does the CommissIonera Court of Winkler County,
Texas, have the authority to establish two (2)
modern hospitals from funds, or proceeds of one
bond election?
“2 . Is this purported petition as above set out a
lawful petition since It aske for the doing of
something not authorized by law?
“3 . If this purported petition la unlawful, can it
bp dimregarded by the Commissioners' Court of
Winkler County, Texas, a%% be declared by them
to not be such a petition a8 would prevent such
CommLssloners' Court from 8&&w. upon the peti-
tion that was delivered later in that same day
as the above eet out purported petition was
delivered?
‘My opinion on this matter Is as followe: taking the
matter by 1, 2, and 3 abover
“l., Under Article 4478, V..A,. C. S., authority is
given to Commissioners1 .Courts to establish a
:county hospital, and throughout that said
Article the singular and never the plural is
used. It la my opinion that the Commissioners'
Court of Wlnkler County, Texas, could build
only one hospital at this time, and thereafter
under Article 4490 they could maintain more
than one hospital.
’ . -
Hon. ff.C. Olsen, page 3 (C-6824)
“2. 'Thispurported petition la not a lawful
one since it Is for the calling of an
election for the doing of something that
is not authorized by law to be done.
“3 . Since this purported petition is unlawful,
it does not have to be regarded by the Com-
missioners Court of Winkler County, Texas,
for any purpose, and It is not such a petl-
tion as would require twelve months to pass
before the Commissioners Court could act
upon the petition that was delivered to the
County Judge of Wlnkler County, Texas, later
on that same day as the above pur orted
petition was delivered. Article $478 states
that 'qualified property tax paying voters'
are the one to'petltlon, and not 'property
owners' as the above set out purported petl-
tion recites.
"According to the 1940 Federal Census, Wlnkler County
had a population of 6,141.
“Due to the fact that Senate Bill 191 of the United
States Congress probably will soon become a law, and Winkler
County, Texas wants to be In a position to participate In
the benefits of that Bill, I have been requested by the
Commissioners Court of Wlnkler County, Texas to rtspect-
fully ask that you give this matter your preferred atten-
tlon and let your opinion come forward as soon as possible.
"I have searched and failed to find any cases in point
on the matters expressed In this letter."
The general rule relative to the proper Interpretation of
statutes la that the intention and meaning of the Legislature
must be aaoertafntd from the language of the statutes read as
a whole. Title 71, Chapter 5, Articles 4478-4494a, Vernon's
Annotated Civil Statutes, em the statutes giving power to the
Commlaslontrs' Court,to tatabl~ b county hospital and to
enlarge any tistfag hoapitels. Thtcru atatutts make provision
for a 'a county hospital," and all of said statutes that set
out the power of the various parties authorized to build,
equip and manage said hospital deal only with 'a county hoapi-
tal." The only provisions in any of said statutes that could
be construed to mean more than 'a county hospital" are
Article 449~Y~~~: is applicable In counties which may have a
city of rnox?&
t;han10,ooO persona, and Article 4494, which
autharizts two or more adjacent counties to join for the pur-
Hon. G. C. Olsen, page 4 (O-6824)
poses of this law and erect one or more hospitals for their
joint use, but neither of said provisions applies here. It is
our opinion, therefore, that it was the intention of the Legis-
lature to authorize only one county hospital in a county such
as Winkler County where it is not sought to join with any
other county for such purpose.
Accordingly, it is our opinion that the Commissioners
Court of Winkler County does not have the authority to estab-
lish two hospitals from the proceeds of a bond election under
the facts stated. We do not think the purported petition for
twq county,hospltals set out in your request is a lawful
petition, since, under the facts stated, the Commissioners'
Court has no authority to establish two county hospitals in
Winkler County. We are also of the opinion that the petition
for two county hospitals can be disregarded by the Conunission-
ers' Court, or, In other words, it can be denied by the Court,
and the second petition may be approved or rejected by the
Court as the law and the facts may require.
Yours very truly,
ATTOHNEY GENEHAL OF TEXAS
By /s/ Jas. W. Bassett
JWB:LJ Jas. W. Bassett
Assistant
APPROVED SEP 29 1945
/s/ Carlo8 C. Ashley THIS OPINION
CONSIDERED AND
FIRST ASSISTANT APPROVED IN
ATTORNEY GENERAL LIMITED
CONFERENCE