Texas Attorney General Opinion: M-549 Page: 2 of 4
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Hon. Gene Russell, page 2 (M-549)
and the term of office of a majority of the members
of the Board. The remaining members of the Board
shall be appointed by the Governing Body of the
County. The Trust Indenture may also provide
that, in event of default as defined in the Trust
Indenture, the Trustee may appoint all of the
Directors, in which event the terms of the
Directors then in office shall automatically
terminate. Unless and until provision is made
in the Bond Resolution or Indenture in connection
with the issuance of bonds for the appointment by
other means of part of the Directors, all of the
Directors shall be appointed by the Governing
Body of the County for terms not to exceed three
(3) years, but the terms of Directors appointed
prior to the issuance of the first issue of
revenue bonds shall be subject to the exercise
of the provision herein made for appointment of
a majority of the members of the Board in con-
nection with the issuance of the bonds. No of-
ficer or employee of any such County shall be
eligible for appointment as a Director. Directors
shall not receive compensation for services but
shall be entitled to reimbursement of their ex-
penses incurred in performing such service.
"(b) In the event the Authority purchases
from a nonprofit corporation a hospital then in
existence or in process of consturction, the
first members of the Board of Directors and
their successors shall be determined as provided
in the contract of purchase."
Your request for an opinion.and the accompanying docu-
ments set forth the following facts:
On October 26, 1965, the Commissioners Court of Burnet
County created the Burnet County Hospital Authority pursuant to
the provisions of Article 4494r, Vernon's Civil Statutes, and
provided that the Authority shall be governed by a Board of
Directors consisting of seven members. The Resolution passed
by the Commissioners Court appointed seven members to the Board
of Directors of the Authority and provided that the Directors
would serve for a term of three years unless other provisions
should be made in a Bond Resolution. Five of the members of the
Board of Directors of the Authority were members of the Board of
Directors of Shepperd Memorial Hospital. On April 13, 1967,-2618-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-549, text, January 7, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269773/m1/2/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.