The opinion
August 30, 1951
Hon. Joe E. Gracey Opinion No. v-1265
Countv Attornev
Stephens counti Re: Authority of the com-
Breokenridge,Texas missioners* court re-
specting fiscal mat-
ters ‘of the oounty
Dear Sir: hospital.
Reference is made,to your request for an
opinion wherein you state:
*The board of managers of.the Ste-
phens-countyMemorial Hospital, which is
a hospital constructedby Stephens Coun-
ty, Texas,~withbonds voted for that
purpose and such help as was given the
County by the Federal Government in con-
nettion.with the hospital building pro-
gram, are taking the position that they
have the right ,to take all of the funds
derived from the operation of the hospit-
al and place it in the local ban& which
is the county depository, in a special
account, under the exclusive control of
a board of managers. The board of man-
agers then insist that they have a right
to ,appWve ,all.bills and authorize the
payment~of all-such ~billsand expenses in
connectionwith the operation of the hos-
pital without the approval of the.Commis-
sionersr Court of Stephens County, Texas.
It ~1s,thecontention of the Commissioners’
Court ~thatunder Article l+l&+,Vernon’s
Civil Statutes of Texas, that the board
shall certify all bills and accounts, in-
cluding salaries and wages, and transmit
same to the Commissioners’Court, who
shall provide for their payment in the
same manner as other charges against the
County are paid. It is the further con-
tention of the Commissioners’Court that
under Article 4485 of Vernonts Civil
Statutes of Texas, that it is t.heduty
of the hospital superintendent,as pro-
Hon. Joe E. Gracey, page 2 (V-1265)
viaea in said article, to collect~andre-
ceive all monies due the hospital, to
-keep an accurate account of same, and re- *
port the same at a monthly meeting of the
Board of Manqgers and transmit the same
to the county collectorwithin ten days
after each meeting.
"I would appreciate it if you would
kindly advise me as to whether all of the
revenues received in connectionwith the
operation of the Stephens County Memorial
Hospital should not be delivered to the
proper official of Stephens County, Texas,
and deposited by Stephens County, and that
all bills and accounts, including salaries
an&wages, should be certified to by the
.boara,of.managersand then approved by the
Commissioners*Court and id as other ac-
counts~owingby Stephens rounty."
Article 4480, V.C.S., provides in part:
"Said bogrd shall fix the salaries of
the superinte 1dentsand all other officers
- and employeswithi@ the limit of the ap-
propriationmade thereforby the commis-
sioners' court, and such salaries shall be
compensationin full for all services ren-
dered. The board shall have the
general~&alement and control of the said
hospital; grounds,buildings, officers and
employees thereof; of the inmates therein,
iix0f all matters‘relatingto th&govein-
metit;discipline,contractsand fiscal con-
cetis thereof; and make such rules and
regnltitions ~as.mayseem to~them necessary
for.c&rryingout the purposes of such hos-
pital."
Article 4484, V.C.S., is in part as folloq:
*.:~
;The board of managers shall keep in a
bobk provided for that purpose a proper
record of its proceedings . . . The board
shall certify all bills and accounts, in-
cluding salaries and wages, and transmit
them to the commissioqrs' coun$, who shall
provide for their paymqnt.in the same man-
ner as other charges against the county
Hon. Joe E. Gracey, page 3 (v-1265)
are paid.
-The board of managers shall make
to the commissionerscourt annually,
end at such times as said court shall
direct, a detailed report of the op-
eration of the hospital dispensaries
and school during the year, showing
the number of patients received and
the methods and results of their treat-
ment, togetherwith suitable recommenda-
tions and such other matter as may be
required of them, and shall furnish full
and detailed estimates of the appropria-
tions required during the ensuing year
for all purposes, includingmaintenance,
the erection of buildings, repairs, re-
newals; exteniions, improvements,bet-
terments or other necessary purposes."
titicle 4485, V. C.S., reads in part:
"The Superintendentshall be the
chief executive officer of the hospital,
but shall at all times be subject to the
by-laws, rules and regulations thereof,
and to the powers of the board of manag-
ers.
WH~eshall, with the consent of the
board of managers, equip the-hospital
with all necessary furniture, appliances,
fixtures and all other needed facilities
for the care and treatment of patients,
and for the~use of .officersand employees
thereof, and shall~purchaseall necessary
supplies, not exceeding the amount pro-
vided for such purposes by the commis-
sioners court.
n
"He shall cause proper accounts and
records of the business and operations of
the hospital to be kept regularly from day
to day in books and on records provided
for that purpose; and shall see that such
accounts and records are correctly made up
for the annual report as requirqd by this
Hon. Joe.E. Gracey, page 4 (V-1265)
.
law, anb.present the same to the board
of.managerswho shall incorporatethem
,in~theirreport to the commissionerq
court.
-w~v&w oftthe~vnderlinedprovision of Art-
.iqle4485,~.$,t~is
.ouropinion that all revenues re-
ceived in 'qknectionwith the operation of Stephens
CoUnty Memorial Hospital should be delivered to the
county treasurer for deposit by such county.
See.Att(y:Cen.Op. V-1100 (1950).
it Will be noted from the foregoing stat-
utes that authority is vested in the board of man-
agers and the superintendentof a~county hospital to
incur neoessary expendituresfor the operation and
maintenance of the hospital in a sum %ot exceeding
the amount provided for such purposes in the:com-
missioners court.” By the express terms of Article
4484,~the board bf managers must transmit all bills
an8 &Mounts, includingsalaries and wages, to the
commissioners'court for payment "in the same manner
as other charges against the county are paia." Art-
icle 2351, V.C.S., provides that the commissioners1
court shall "audit and settle all accounts against
the.countyand direct their paymezit."In view of
these ,provisions,the county treasurermay not issue
warrants in payment of bills and accounts of the
hospital until the commissioners'court has approved
them for payment in the same manner as ether charges
against the county,arepaid. Although the manage-
ment of the county hospital is vested in the board
of managers, the commissioners1court must approve
all.accounts. See Att'y Gen.,Op. C-6433 (1945).
The money allocatedby the commissioners*
court pursuant to the statute for the support and
maintenance of a county hospital canno+ be trans-
ferred to the board of managers, but mtistremain
Hon. Joe E. Gracey, page 5 (V-1265)
in the custody of the county t*reasurerto be dis-
bursed on orders of the commissionerg court. See
Att'y Gen. Op. V-510(1948).
We thereforeagree with your opinion
that all bills and accounts mu&be certified to
by the board of managers of a county hospital,
approved by the commissioners1court, and paid
as other accounts owing by Stephens County.
SUMWRY
All revenues received from opera-
tion of the Stephens C'ountyMemorial
Hospital should be delivered to the
County Treasurer of Stephens County for
deposit by Stephens County and all bills
and accounts should be certified to by
the board of managers of such hospital,
approved by the commissioners'court,
and paid as other accounts owing by
Stephens County.
APPROVED: Yours very truly,
J. C. Davis Jr. PRICE DANIEL
County Affairs Division Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
Everett Hutchinson
Acting First Assistant
ljVi:gs:awo