The opinion
WiWi WILSON
A-GRNEY GENERAL
December 16, 1960
Honorable Shelby H. Blaydes Opinion No. WW-973
District Attorney
County of Pecos Rez Discretion of Commis-
Fort Stockton, Texas sioners' Court in
calling bona election
Dear Sir: under Art.4478, V.C.S.
You have requested our opinion on these questions:
"(1) Does the Commissioners Court of
Pecos County, Texas, have any discre-
tion in the matter of whether or not
to call an election on the proposition
as set forth in a petition for an elec-
tion, a true copy of which (other than
signatures) is attached hereto as Br-
hibit 'A' and made a part hereof, if the
petition meets all the requirements as
set forth in Article 447&,R.C.S.
"(2) When a County has in operation one
or more county hoepitals, and when the
Commissioners Court of said County is
presented with a petition drawn under
Article 4478 calling for the purchase by
said County of an additional hospital
facility, and the petition as presented
is in compliance with all of the provi-
sions of Article 4470, must the Commis-
sioners Court call an election for the
purpose of purchasing the additional
facility called for in such petition for
hospital purposes, or does the Commis-
sioners Court have any discretion in the
matter under Artide 4490, R.C.S. of wbe-
ther or not to call an election on the
L--/
Honorable Shelby H. Blaydes, page 2 (ww-973)
proposition set forth in the petition
resulting in a bond election to be held
by said County."
Attached to your request is a copy of a "Petition for a
County Hospital Bona Election" which was duly presented to
the Commissioners' Court whereby the Commissioners' Court
is requested to submit the following proposition:
"SHALL the Commissioners' Court of
Pecos County, Texas, be authorized
to issue the bonds of said County
in the total principal amount of
NINETY SEVEn THOUSAND DOLLARS
($97,000.00), to mature serially
within any given number of years
not to exceed TWENTY (20) years
from the date thereof, and to bear
interest at a rate not to exceed
FIVE PER C%NTUM (5%) per annum,
payable annually or semi-annually:
and to levy ad valorem taxes suffi-
cient to pay the interest on said
bonds and to create a sinking fund
to pay the principal thereof at ma-
turity, for the purpose of purchas-
ing, improving, altering and repair-
ing an existing building in the City
of Fort Stockton, Texas, known as
GIPSON HOSPITAL and located upon the
following described realty in Pecos
County, Texas, to-wit%
Lots 2 through 10, in Block 20:
and the West 63' of Lot 11, in
Block 20: and the North 22' of
the %ast 75' of Lot 11, in Block
20: and the East l/2 of Lots 1
and 3, in Block 20; and Lots 9,
10 and 11, in Block 28, all lo-
cated in the OLD FORT ADDITION
Honorable Shelby Ii. Blaydes, page 3(WW-973)
to the City of Fort Stockton,
Pecos County, Texas, together
with all improvements located
thereon.
Said builaing and said premises to be
used as an additional hospital building
and for all necessary permanent improve-
ments in connection thereWtb, pursuant
to authority conferred by the Constitu-
tion and laws of the State of Texas,
particularly Section 9 of Article 8, of
the Constitution, and Chapter 1, Title
22 and Chapter 5, Title 71, Revised Civil
Statutes of 1925, as amended?"
You also state as follows2
I
. . . Pecos County currently owns two
hospitals of a total capacity of 50 beds.
One, a hospital of 32 beds, is located in
Fort Stockton. The other, a hospital of
18 beds, is located in Iraan. . . .*
Article 4478, V.C.S., is in part as follows:
*The Commissioners~ Court of any
county shall have power to estab-
lish a county hospital and to en-
large any existing hospitals for
the care and treatment of persons
suffering from any illness, diseaae
or injury, subject 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 mav petition such
court to Provide for the establishing
or enlarsing of a county hospital,.$n'~
whiah:~;~,event:..said
court ~.wLthin'the ~ti@
Honorable Shelby I-L Blaydes, page 4 (WW-973)
designated in such petition shall sub-
mit 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 establishinq or enlarqinq of
such hospital. . I em (Emphasis added)
The underlined language of this statute clearly contemplates
that the qualified property taxpaying voters of a county
may petition the Commissioners* Court I(. . . to provide for
the establishing or enlarging of a county hospital, . . ."
The proposition contained in the petition here presented to
the Commissioners' Court goes beyond these purposes in that
it specifically describes by metes and bounds the property
to be acquired.
The statute does not authorize the petitioners to name the
site or location of the proposed facili.ty and this remains
a matter to be determined by the Commissioners' Court in the
exercise of its sound discretion. In answer to your first
question It is our opinion that it is not mandatory that the
Commissioners ' Court call an election upon this petition but
it may a0 SO if it SO desires, providing the petition is
properly executed by the requisite number of qualified
persons.
Your second question I.6hypo,tbetical because the Commission-
ers ' Court has not been presented with a petition other than
that discussed above. We regret that we may not pass upon
hypothetical situations. If in the future the Commissioners'
Court should be pr@sented with another petition we shall be
glad to examine a copy and render an opinion.
SUMMARY
The petition presented goes beyond
the purposes set out in Article 4470,
V.C.S., and it is not mandatory that
Honorable Shelby i-I.
Blaydes. page 5 (m-973)
the Commissioners' Court call an
election, although it may a0 so.
Very truly yours,
WILL WILSON
era1 of Texas
IiWM-S Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Gordon C. Cass
Tom FlcFarling
Martin DeStefano
Jerry II. Roberts
REVIEWED FOR THEATTORNEYGEWRML
By: Leonard Passmore