Texas Attorney General Opinion: V-548 Page: 2 of 3
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422 Hon. Geo. W. Cox, M. D.,page 2 (V-548)
lows:
"If any State, prior to July i, 1948,
has not enacted legislation providing that
compliance with minimum standards of main-
tenance and operation shall be required in
the case of hospitals which shall have re-
ceived federal aid under this title, such
State shall not be entitled to any further
allotments under Section 624.
H. B. 503, 50th Legislature 1947, is known as
the "Texas Hospital Survey and Construction Act" and
was enacted in compliance with Public Law 725, 79th Con-
gress. It provides specifically that the State Health
Officer, with the advice of the Hospital Advisory Coun-
cil, is authorized and directed to provide such methods
of administration, appoint a Director and other person-
nel of the Division, and take such other action as may
be necessary to comply with the reiruirements of the Fed-
eral-ct.... The promulgation of minimum standards is a
necessary prerequisite to receipt of further aid. Pur-
suant to such authority and in view of such requirement
a State Plan for the construction of hospitals was pro-
mulgated and approved by the State Board of Hbalth on
the 8th day of September, 1947, and by the Hbspital'
Advisory Council on September 15, 1947. In such plan,
minimum standards of operation and maintenance are set
forth on page 73, et seq., and designated therein as
Exhibit G. It is specifically provided that all insti-
tutions receiving federal aid under Public Law 725 shall
comply with the minimum standards of operation and main-
tenance therein set forth, No question is here raised-
as to the power of the Legislature to delegate this rule-
making power.
Although H. B. 503 does not specifically pro-
vide for the promulgation of rules for the operation
and maintenance for federally aided projects, neverthe-
less the intent of H. B. 503, taken as a whole, is to
comply in every respect with the Federal Hospital Sur-
vey and Construction Act. The Texas statute, by impli-
cation delegates to the State Health officer power and
duty to promulgate such rules. It is, therefore, the
opinion of this Department that H. B. 503, 50th Legis-
lature 1947, is sufficiently broad in scope to provide
ample authority for the promulgation of the minimum
standards of operation and maintenance as set forth in
the State Plan for the construction of Texas hospitals.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-548, text, April 17, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265367/m1/2/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.