Texas Attorney General Opinion: LO88-33 Page: 3 of 5
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Honorable James A. Hensarling
March 21, 1988
Page 3
community mental health and mental retarda-
tion centers which may exist or be thereafter
established within the boundaries of such
district, nor shall the Legislature be
required to provide that such district shall
assume full responsibility of public health
department units and clinics and related
public health activities or services, and the
Legislature shall not be required to restrict
the power of any municipality or political
subdivision to levy taxes or issue bonds or
other obligations or to expend public moneys
for the establishment, maintenance, support,
or operation of mental health services,
mental retardation services, public health
units or clinics or related public health
activities or services or the operation of
such community mental health or mental
retardation centers within the boundaries of
the hospital districts; and unless a statute
creating a hospital district shall expressly
prohibit participation by any entity other
than the hospital district in the establish-
ment, maintenance. or supDDot of mental
health services, mental retardation services,
public health units or clinics or related
public health activities within or partly
within the boundaries of any hospital
district, any municipality or any other
political subdivision or state-supported
entity within the hospital district may
participate in the establishment, mainten-
ance, and support of mental health services,
mental retardation services, public health
units and clinics and related public health
activities and may levy taxes, issue bonds or
other obligations, and expend public moneys
for such purposes as provided by law.
(Emphasis added.)
The statute enabling the creation of the Jackson County
Hospital District does not expressly prohibit political
subdivisions within the hospital district from partici-
pating in the establishment or operation of the services
listed in article IX, section 13. See Attorney General
Opinion H-454 (1974). Therefore, Jackson County may
expend money for such services if it is otherwise
authorized to do so. See, e.g., V.T.C.S. art. 4436b,
4.07, 4.09. See also Canales v. Laughlin, 214 S.W.2d451, 453 (Tex. 1948) (commissioners courts have only the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO88-33, text, March 21, 1988; (https://texashistory.unt.edu/ark:/67531/metapth276184/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.