Texas Attorney General Opinion: JM-637 Page: 1 of 5
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THE ATTORNEY GENERAL
February 25, 1987
ATTWIRNEY GW ERAL
Honorable Billy Ray Stubblefield Opinion No. JM-637
Williamson County Attorney
P. 0. Drawer 1139 Re: Obligation of a limited hos-
Georgetown, Texas 78627 pital authority to provide ser-
vices under the Indigent Health
Care and Treatment Act, article
Dear Mr. Stubblefield:
You ask several questions concerning hospitals that are public
hospitals within the meaning of the Indigent Health Care and Treatment
Act, article 4438f, V.T.C.S., and the governmental entities that are
obligated to provide health care services to indigent residents of
Your first question is whether a hospital operated by a hospital
authority which was created by a city, pursuant to article 4437e,
V.T.C.S., solely to allow the issuance of tax free bonds is a "public
hospital" obligated to provide services to the indigent residents of
the city under Title 3 of the Indigent Health Care and Treatment Act.
Assuming that the answer to your first question is in the affirmative,
you wish to know whether the city which created the hospital authority
is liable for providing health care assistance for indigent residents
of the city, notwithstanding the city's express representation at the
time of creating the authority that it never would be liable for any
financial support to the authority. It is our opinion that the
hospital in question is a "public hospital" under Title 3 of the act
and that the city which created the hospital authority is liable for
sufficient funding to the public hospital or to the hospital authority
to provide the health care assistance required by the act.
A city hospital authority created under article 4437e is an
entity governed by its own board of directors. It may issue revenue
bonds to provide funds for its purposes and may purchase, construct,
equip, and operate a hospital. Unless its hospital is being leased,
the hospital shall be operated by the hospital authority for the use
and benefit of the public. See V.T.C.S. art. 4437e, 4, 6, 7, 14.
The issuance of bonds for funds to build a hospital may be the reason
for creating a city hospital authority but that is not the hospital
authority's sole function.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-637, text, 1987; (texashistory.unt.edu/ark:/67531/metapth273075/m1/1/: accessed March 16, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.