Untitled Texas Attorney General Opinion

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Honorable J. M. Rleger Opinion No. O-1602
County Attorney
Stephens County Re: Residence of Miss Nelta
Breckenridge, Texas I. Jackson and the liability
of Stephens C~ountyfor hos-
Dear Sir: pita1 expenses for her.
We have your letter'o,f.October17 on the above
subject. We wish to thank you forthe citation of author-
ities which aocompanled your letter. The proposition upon
which you asked for an opinion Is quoted from your letter
as follows:
?Phe Honorable A. J. Morgan, County
Judge of Stephens C,ountyhas a.skedthis
writer for an opinion conc~erningthe resl-
dence or domocile of Miss,Neita I. Jackson;
and the liability of Stephens County for
hos.pitalexpenses for her, while confined
in a ment~alhospital in Washington, D. E:.
Or whether said county'ls obligated in law
to receive such person from the said
hospital and relieve said hospi'talof her
care entirely.
"Miss Nelta I. Jackson is a single
woman offthe age of 29 years;'she once
lived at Breckenrldge for a time, where
she had and now has some ~relatives. She
left Bre~ckenrldgeSte,phensCounty-about
the first of 19% and went to Dallas,,where
she also has relatives. It seems that
she has no parents living.
"While in Dallas she took Civil user-
vice Examination to work in Po,stOffice
In Washington, D. C. She was employed and
took position.in P. 0. in Distrlct~of
Columbia in early part of.1936.
"On Marc,h24,.1937, she was'admitted
to a Mental Hospital for s,o,me
derangeme'nt
of the mind, and remained in the hospital
until January, 1938; at whic,htime she
Honorable J. M. Rieger, page 2 (o-1602)

was discharged. When discharged she
returned to Texas-Dallas and Stephens Coun-
ties.
"She returned to Washington on August
14, 1938 to take up her work; but oh the
following day, she was again admitted to
the same'hospital. 'She'is.now confined in
said hospital:
%nder the law and facts, - At the
time this subject was first confined in
the hospital, - was she a resident of
Stephens County, Texas? Was s~hesuch
citizen at the second entry into such
hospital? Would the law j,ustlfythe
County Judge of Stephens County'ilncer-
tifying that she was at either tlme.mention-
ed, or at the present time, a citizen of
Stephens County, Texa,s?"
The Federal statute which we believe to be appli-
cable to this situation are Sections 201, 206 and 207 in
Volcmie24 of the United States Code Annotated, which read:
"201. Admission of in&gent insane
of District of Columbia. All indigent
Insane persons residing in the District of
Columbia at the time they became insane
shall be entitled to the benefits of
Saint Ellzabeths Hospital. .An indigent
insane person within the meaning of this
section shall be one who is Insane and
unable to support himself and family, or
himself, if he has no family.
"206. Admission of nonresidents of
District. Any indigent insane person who
did not reside in the District at the'time he
became insane may be admitted into the
hospital at the expense ,of the District
during the continuance of such insane person
therein.
"207. Ret,urnof;nonresident indi-
gent insane, It shall be the duty of
the Commissioners of the District of
Columbia, so soon as practicable, to
return.to their places of,residence or to
theirfriends all Indigent insane'
Honorable J. M. Rieger, page 3 (O-16-2)

persons not residing in the District
at the time they became lnsane,who
shall be committed to Saint Elizabeth6
Hospital to be temporarily cared 'for,
as provided In thd,s~
chapter, and.all
neoessary expense'sincurred by the
Commisstoners in ascertaining'the lo&l-
ity where such persons or their friends
belong and in r~eturnlngthem ~tosuc,h
looallty s~hall'
be defzayed by the pi
Distrlct~of .Columbla.
The applleable Texas statute&are Artibles 2351
4279, and 4289, Revised Civil S.tatutes,1925;~which we like:
wise quo.te:
"'Art.2351. Certain Powers Speci-
fied.' Each c,ommissloners court shall:
. * ,

'Provide for the support of paupers
and such idiots and.lunatlcs as cannot
be admitted into the lunatic asylum,
residents of their county, who are unable
to support themselves.. By the term
resident as used herein,,is.meant a'person,
who'has been a bona fide inhabitant of
the county not less than six monthsand of
the State not ,less than one year."
!'Art.,4279..
Liability for Malnte-
nance. Where the person 'of'unsound'mind
or habitual drunkard has no estate~of
his own, he shall be ,maintained:
"1 . By the husband or wife of such
person, Uable to do so.
“2. By the father or mother of such
person, if able to do SO.
“3 . By the children and grandchildren
of s,uchperson, if able to do so.
“4. By the county in ~whlchsaid
pers,on,
has ,hls re~sldence.
"Art. 4280 O Expenses of Confine-
ment. The expenses 'attending"~thecon-
finement of an insane..personshall be.
Honorable 3. M. Riger, page 4 (G-1602)

paid by the guardian out of the estate
of the ward, if he has an estage; and
if he has none, such expense shall be
paid by the person boundsto provide.for
and support ~such insane person, and if
not so paid, the county shall.pay the
same."
Whether Stephens County is liable for the hospl-
tallzation of Miss Jackson (assuming that she have no es-
tate nor immediate family capable of doing so) depends, of
course, on the question of her residence. It is our opltilpn
that you have oorrectly set out in your letter and brief
the law whioh governs, but the determination of the matter
must depend upon fact questions involving the intent of
Miss Jackson at various times, which this department is,
of oourse, prohibited from passing on. It is, therefore,
our opinion that the question must be decided by the Com-
missioners' Court of your county upon all available facts.
Yours very truly,
ATTORNEYGENERAL OFTEXAS

By /s/ Walter R. Koch
Walter R. Kooh
Assistant

By /s/ Grundy Williams
Grundy Williams
APPROVED NOV. 18, 1939
/s/~.GeraldC. Mann
.ATTORNEYGENERAL OF TEXAS
APPROVED OPINION COMMITTEE
..By BWB
Chairman'
GW:FG:.cs