# Bexar County Hospital District v. Crosby

> Texas Supreme Court · July 15, 1959 · 160 Tex. 116

URL: https://www.frixlaw.com/law-library/cases/9769390

## Case

- **Full name:** Bexar County Hospital District v. Jack B. Crosby Et Al.
- **Court:** Texas Supreme Court
- **Decided:** July 15, 1959
- **Citations:** 160 Tex. 116; 2 Tex. Sup. Ct. J. 405; 327 S.W.2d 445; 1959 Tex. LEXIS 601
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** Hickman, Smith
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9769390

## How later opinions describe it (automated extraction)

- describing the Bexar County Hospital District as "a political subdivision of the State" created under the constitutional and statutory provisions at issue in the District's declaratory judgment suit against other governmental entities (see TEX. CONST. art. IX, § 4 and Act of M…
- describing the Hospital District as “a political subdivision of the State”

## Opinion text

Mr. Justice Smith,
dissenting.
I would affirm the judgment of the Court of Civil Appeals. The majority states that the question of which agency should have custody of the accumulated sinking funds, pending their application to the payment of the bonds, is of but little importance. In my opinion, it is important to follow the Constitution on both the question involving the sinking funds as well as the question relative to the transfer of the delinquent taxes. There is nothing in the Constitution or the record in this case to warrant the unlawful transfer of the delinquent taxes to the Hospital District. The Constitution named lands, buildings or equipment jointly or separately owned by the county or city, and stopped there. It did not mention delinquent taxes. The theory adopted by the majority is the same in principle as the one we rejected in the case of Deason v. Orange County Water Control & Improvement District No. 1, 151 Texas 29 , 244 S.W. 2d 981 .
The particular portion of Article 4494n, Vernon’s Annotated Texas Civil Statutes, which authorizes the transfer of the delinquent taxes in addition to the constitutionality allowed transfer of land, buildings and equipment, violates Sections 51 and 52, Article III, of the Texas Constitution. See Harris County Flood Control District v. Mann, 135 Texas 239 , 140 S.W. 2d 1098 .
I therefore respectfully dissent.
Opinion delivered July 15, 1959.
Rehearing overruled October 7, 1959.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9769390. Public record. Not legal advice.