The opinion
THE ATTORNEY GENERAL
OF TEXAS
W’ILL WILSON
*-x-r0RNEY GENERAL August 16, 1960
Honorable Doug Crouch
Criminal District Attorney
Tarrant County Courthouse
Fort Worth, Texas
Opinion No. WW-904
Re: Authority of the Board of
Managers of the Tarrant
County Hospital District
to adopt a retirement pro-
gram for the benefit of its
Dear Mr. Crouch: employees.
You have requested an opinion of this office relative
to the authority of the Board of Managers of the Tarrant
County Hospital District to adopt a retirement program for
the benefit of its employees.
Section 3 of Article IX of our Texas Constitution pro-
vides that the Legislature may by law authorize the creation
of countywide hospital districts in certain counties. This
provision Is silent as to retirement benefits for the
officials and employees of the hospital district. However,
the enabling Act (Article 449&n, Vernon's Civil Statutes) en-
acted by the Legislature In 1953, provides two methods by
which the Board of Managers may establish retirement programs
for Its employees. These provisions are:
Section 5 of Article 449&n, Vernon's Civil Statutes,
whlah provides:
Further, under the same conditions, the
Board &'Managers may enter into such contracts with
the State and Federal Government as may be ,necesaary
to establish or continue a retirement program for the
benefit of Its employees. . . .'
and Section 5a, which states:
"The Board of Managers may In addition to re-
tirement programs authorized by this Act establish
Honorable Doug Crouch, Page 2 (WW-904)
such other retirement program for the benefits
of its employees as it deems necessary and ad-
visable."
With these provisions in mind, your inquiry resolves
Itself into a question of the proper procedure the Board
must take in order to establish a retirement program, i.e.,
must the qualified voters of the county authorize such
action by the Board.
The Texas Constitution, in dealing with other units of
government, requires that a majority vote of the qualified
voters must first approve a retirement program before one
may be established. These provlslons are:
Section 62 (b), Article XVI, Texas Constitution:
"Each county shall have the right to provide
for and administer a Retirement, Disability and
Death Compensation Fund for the appointive officers
and employees of the county; provided same la author-
ized by a majority vote of the qualified voters of
such county . . ." [Emphasis ours)
Section 51-e, Article III; Texas Constitution:
"Each incorporated city and town in this
State shall have the power and authority to pro-
vide a system of retirement . . . for its appolntive
officers and employees . .~. when and if, but only
when and if, such system has been approved at an
election by the qualified voters of such city or
town entitled to vote on the question of issuance
of tax supported bonds; . . .'
These provisions, however, do not pertain to a County
Hospital District. A County Hospital District la a politl-
cal subdivision of the State which is a different government-
al body from that of a city or county. Bexar County Hospital
District v. Crosby, 327 S.W. 2d 445, Attorney General Opinion
b (1960).
Since the Legislature has granted to the Board of Managers
of a County Hospital District wide discretion In this field
without the necessity of taking the matter before,the voters of
the county, we are of the opinion that the Board of Managers of
the Tarrant County Hospital District has authority to adopt a
Honorable Doug Crouch, Page 3 (WW-904)
retirement program for the benefit of its employees upon its
own motion without the approval of the qualified voters of
the county.
SUMMARY
The Board of Managers of the Tarrant
County Hospital District has the
authority to adopt a retirement pro-
gram for the,benefit of its employees,
Yours very truly,
WILL WILSON
Attorney General of Texas
JMF:hb:mm
APPROVED:
OPINION COMMITTEE
Gordon C. Cass, Chairman
Virgil R. Pulllam
Linward Shivers
Willlam H. Pool, Jr.
Marvin H. Brown, Jr.
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore