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Citizen asks commissioners to seek clarification on hospital-district legal representation
Summary
Terry Carter urged Titus County to seek higher-authority guidance about whether the county attorney must serve as the Titus County Hospital District's attorney of record, asking the court to request the hospital district refrain from major votes until the issue is resolved; county officials said a formal opinion likely depends on the existence and terms of an actual contract.
Terry Carter presented a list of questions to the commissioners, asking the court to press the Titus County Hospital District to pause any votes on partnerships, sales or leases until a higher authority can clarify whether state law requires the county attorney to be the hospital district's attorney of record.
"The hospital district itself acknowledges that they come under chapter 11 o 7," Carter said. He said the hospital district's outside counsel has taken the position that the district may retain independent counsel because it pays for those services; Carter said he and others disagree and warned that failure to follow the statute could create civil liabilities for both entities.
Presiding Official said he consulted with the district attorney (Mr. Bailey) and that the county's attorneys (named in court as Mr. Coburn and Mr. Bailey) indicated they could not provide a definitive opinion until the court had a copy of any proposed contract. "He says he can't get an opinion on that until we know a contract," the presiding official said, adding that if the hospital board ultimately votes to move forward there would be a public hearing and additional steps.
Carter requested a letter from the commissioners asking the hospital district to withhold votes on major transactions until the legal question is settled. The court took no formal action on the request at this meeting.
