Texas Attorney General Opinion: MW-590 Page: 2 of 6
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Dr. Robert Bernstein - Page 2 (MW-590)
Sec. 4. All fees,. fines, penalties, taxes,
charges, gifts, grants, donations, and other funds
collected or received by a state agency as
authorized or required by law shall be deposited
in the state treasury, credited to a special fund
or funds, and subject to appropriation only for
the purposes for which they are otherwise
authorized to be expended or disbursed. Deposit
shall be made within seven days after the date of
Section 3 lists various exceptions to this requirement. You contend
that one of these exceptions is applicable in this instance. It
(b) This Act does not apply to:
(2) funds held in trust or escrow for the
benefit of any person or entity other
than a state agency.
By way of explanation, you stated in your memorandum brief that:
As provided by Section 6A, the hospitals'
collections for physicians' services were locally
retained and were under the exclusive control of
the physicians comprising the medical staff of the
hospital. The physicians, by agreement, have
created an express trust to control disbursement
of the funds.... The hospitals are reimbursed for
the fund for collection costs incurred on behalf
of the physicians.... The first requirement [of
section 3(b)(2)] that the funds be held in trust
is met since all fees and charges collected for
physicians' services are placed in the Medical
Trust Fund.... The second requirement is also met
in that the funds benefit a person or entity other
than a state agency. These funds benefit the
physicians who are members of the plan and in no
way benefit a 'state agency.' (Emphasis added).
Before considering your argument that fees and charges collected
under section 6A of article 3201a-3 are exempt from article 4393c
under section 3(b)(2) thereof, we must address two preliminary
questions. The first is whether the Harlingen and San Antonio State
Chest Hospitals are "state agencies" within the meaning of article
4393c. We conclude that they are. Section 2 of this statute defines
"state agency" broadly, as including:
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-590, text, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272436/m1/2/: accessed May 21, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.