E .A NEX- GENEELM.
OF TEXAS
July 18, 1968
Honorable Joe Resweber Opinion No. M-261
County Attorney
Harris County Courthouse Re: Authority of the Board of
Houston, Texas 77002 Managers of the Harris Coun-
ty Hospital District and the
Harris County Board of Trus-
tees for Mental Health and
Mental Retardation to enter
into an agreement whereby
the hospital district would
furnish certain facilities
for use by the organization
headed by the Board of Trus-
tees in rendering mental
health services to residents
Dear Mr. Resweber: of Harris County.
Your request for an opinion concerns the author-
ity of the Hoard of Managers of the Harris County Hospital
District and the Harris County Board of Trustees for Mental
Health and Mental Retardation to enter into an agreement
whereby the hospital district would furnish certain facil-
ities for use by the organization headed by the Board of
Trustees in rendering mental health services to residents
of Harris County.
The Harris County Hospital District was created
pursuant to the provisions of Section 4 of Article IX of
the Constitution of Texas and Article 4494n, Vernon's Civil
Statutes, enacted pursuant to Section 4 of Article IX. The
Harris County Hoard of Trustees for mental health and mental
retardation constitutes a community center established pursu-
ant to the provisions of Article 5547-203, Vernon's Civil
Statutes.
The Harris County Hospital District has the re-
sponsibility for furnishing medical or hospital service to
all indigent and needy individuals in Harris County. Attor-
ney General's Opinion No. C-641 (19661.
In Attorney General's Opinion No. C-646 (1966)
it was held:
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Hon. Joe Resweber, page 2, (M-261)
"Section 9 of Article IX of the Con-
stitution of Texas does not permit a county
in which a hospital district is created pur-
suant thereto to expend tax monies for med-
ical and hospital services, 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 retardation services are to be estab-
lished, pursuant to the provisions of Article
5547-203, Vernon's Civil Statutes."
However, the above holding was based upon the pro-
hibition contained in Section 9 of Article IX of the Constitu-
tion of Texas as then written, which stated as follows:
II
. . . providing that after its creation
no other municipality or political subdivision
shall have the power to levy taxes or issue
bonds or other obligations for hospital pur-
poses or for providing medical care within
the boundaries of the district; . . ."
Section 13 of Article IX of the Constitution of
Texas was adopted subsequent to Attorney General's Opinion
No. C-646, supra, and provides:
"Notwithstanding any other section of
this article, the Legislature in providing
for the creation. establishment. maintenance
shall assume full reiponsibility of public
health department units and clinics and related
public health activities or services, and the
Legislature shall not be required to restrict
the power of any municipality or political sub-
division to levy taxes or issue bonds or other
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.
I
,
Hon. Joe Resweber, page 3, (M-261)
obligations or to expend public moneys for the
establishment, maintenance, support, or opera-
tion of mental health services, mental retarda-
tion services, public health units or clinics
or related public health activities or services
or the operation of such community mental health
or mental retardation centers within the bound-
aries of the hospital districts; and unless a
statute creating a hospital district shall ex-
pressly prohibit participation by any entity
other than the hospital district in the establish-
ment, maintenance, or support of mental health
services, mental retardation services, public
health units or clinics or related public health
activities within or partly within the boundaries
of any hospital district, any municipality or
any other political subdivision or state-sup-
ported entity within the hospital district may
participate in the establishment, maintenance,
and support of mental health services, mental
retardation services, public health units and
clinics and related public health activities
and may levy taxes, issue bonds or other ob-
ligations, and expend public moneys for such
purposes as provided by law." (Emphasis added.)
The purpose of the adoption of Section 13 of Ar-
ticle IX of the Constitution was to permit community health
centers theretofore established and thereafter to be estab-
lished in those counties wherein a hospital district was
established to participate in the program established by the
Texas Mental Health and Plental Retardation Act, and to that
extent the prohibition contained in Section 9 of Article IX
of the Constitution of Texas insofar as far as it relates
to mental health services and mental retardation services
was removed.
The Texas Mental Health and Mental Retardation Act
is codified in Vernon's as Articles 5547-201 through 5547-204,
Vernon's Civil Statutes. Article 3 of the Mental Health and
Mental Retardation Act expressly permits the establishment
and operation of community centers for mental health and mental
retardation services such as the Harris County Board of
Trustees for Mental Ilealth and Mental Retardation. Section
3.01 provides for the cooperation of hospital districts in
the rendering of mental health services and mental retarda-
tion services. Section 1.01 of Article 1 of the Act states
that the purpose of the Act is for the conservation and res-
toration of mental health among the people of this state and
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Hon. Joe Resweber, page 4, (M-261)
to provide for the effective administration and coordination
of mental health services at the state and local.levels. In
view of the provisions of Section 13 of Article IX of the
Constitution of Texas and the provisions of the Texas Mental
Health and Mental Retardation Act (Articles 5547-201 through
5547-204, V.C.S.), you are advised that the Board of Managers
of the Harris County Hospital District and the Harris County
Board of Trustees for Mental Health and Mental Retardation
may enter into agreements whereby the hospital district will
furnish certain facilities to the community health center
for use in rendering mental health services and mental
retardation services to residents of Harris County.
SUMMARY
__-----
The Board of Managers of the Harris
County Hospital District and the Harris
County Board of Trustees for Mental Health
and Mental Retardation may enter into agree-
ments whereby the hospital district will
furnish certain facilities to the community
health center for use in rendering mental
health services and mental retardation
services to residents of Harris County.
truly yours,
ORD C. MARTIN
General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
Brock Jones
John Grace
Fielding Early
Robert Crouch
A. J. CARUBBI, JR.
Executive Assistant
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Untitled Texas Attorney General Opinion
Combined Opinion