Harris County Hospital District v. Tomball Regional Hospital

283 S.W.3d 838, 52 Tex. Sup. Ct. J. 680, 2009 Tex. LEXIS 293, 2009 WL 1165307
CourtTexas Supreme Court
DecidedMay 1, 2009
Docket05-0986
StatusPublished
Cited by255 cases

This text of 283 S.W.3d 838 (Harris County Hospital District v. Tomball Regional Hospital) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris County Hospital District v. Tomball Regional Hospital, 283 S.W.3d 838, 52 Tex. Sup. Ct. J. 680, 2009 Tex. LEXIS 293, 2009 WL 1165307 (Tex. 2009).

Opinions

Justice JOHNSON

delivered the opinion of the Court,

in which Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, and Justice GREEN joined.

In this case we consider whether Harris County Hospital District is immune from suit by the Tomball Hospital Authority to recover medical expenses for hospital care the Hospital Authority rendered to indigent patients. We hold that the Legislature has not waived the district’s immunity from suit either by specific statutory language or by implication from a constitutional and statutory framework.

I. Background

Tomball Hospital Authority (THA) was created and organized pursuant to chapter 262 of the Texas Health and Safety Code. Tex. Health & Safety Code ch. 262.1 It owns and operates Tomball Regional Hospital (the hospital) in Harris County. From 2001 to 2002, the hospital provided medical care to certain indigent patients who were residents of the Harris County Hospital District (HCHD). THA sought payment from HCHD for the care it provided, but HCHD refused to pay. THA sued HCHD in district court, basing its claim on the Indigent Health Care and Treatment Act (IHCTA) and the Texas Constitution. In a plea to the jurisdiction and motion for dismissal and alternatively for summary judgment, HCHD asserted that (1) it had governmental immunity from suit; (2) county courts had exclusive jurisdiction over the matters; and (3) the Texas Department of Health had exclusive, original jurisdiction over the claim. THA responded by alleging that jurisdiction was proper in the district court and that Article IX, Section 4 of the Texas Constitution and Health and Safety Code sections 61.002(6), 61.0045, 61.060, and 281.056(a), which require a hospital district to provide and pay for indigent care, waived HCHD’s governmental immunity.

The trial court granted HCHD’s plea to the jurisdiction and motion to dismiss. In an opinion predating this Court’s decision in Tooke v. City of Mexia, 197 S.W.3d 325 (Tex.2006), the court of appeals concluded that Health and Safety Code section 281.056(a) providing that boards of hospital districts like HCHD may “sue and be sued” waived HCHD’s immunity from suit. 178 S.W.3d 244, 252-53. The court of appeals also determined that the Health and Safety Code did not vest exclusive, original jurisdiction in either the county court or the Texas Department of Health. Id. at 254-55. The court reversed and remanded the case. Id. at 256.

In this Court, HCHD challenges the court of appeals’ holding that the “sue and be sued” language in section 281.056(a) waives its governmental immunity. THA argues the court of appeals is correct, but also contends that even if section 281.056(a) does not explicitly waive HCHD’s immunity to suit, its immunity is waived by a framework of law that includes the Texas Constitution and the Health and Safety Code. Additionally, THA argues that upholding HCHD’s claim that it retains immunity will lead to: (1) cities withholding taxes collected for hospital districts in order to offset debts owed by districts to the cities for indigent care resulting in suits against the cities to recover the withheld taxes; (2) bankruptcies [842]*842of cities and municipal hospital authorities; and (3) violations of Texas Constitution Article III, Section 52(a) by cities in that a public benefit does not result from expenditures of public funds benefitting indigent parties not entitled to care by the cities. Disagreeing with THA’s positions, we reverse the judgment of the court of appeals and dismiss the case.

II. Standard of Review

A party asserting governmental immunity to suit challenges the trial court’s jurisdiction. See State v. Holland, 221 S.W.3d 639, 642 (Tex.2007). A motion or plea asserting such immunity involves a question of law that we review de novo. Id. Further, THA’s assertions require review of both Texas constitutional and statutory provisions which involve matters of law and are reviewed de novo. See City of San Antonio v. City of Boerne, 111 S.W.3d 22, 25 (Tex.2003); Tex. Nat’l Guard Armory Bd. v. McCraw, 132 Tex. 613, 126 S.W.2d 627, 634 (1939) (noting that the Constitution is the fundamental law of the State).

III. Analysis

A. Construction

In construing the Constitution, as in construing statutes, the fundamental guiding rule is to give effect to the intent of the makers and adopters of the provision in question. Cox v. Robison, 105 Tex. 426, 150 S.W. 1149, 1151 (1912). “We presume the language of the Constitution was carefully selected, and we interpret words as they are generally understood.” City of Beaumont v. Bouillion, 896 S.W.2d 143, 148 (Tex.1995). We rely heavily on the literal text. Stringer v. Cendant Mortgage Corp., 23 S.W.3d 353, 355 (Tex.2000). However, we may consider such matters as the history of the legislation, Harris v. City of Fort Worth, 142 Tex. 600, 180 S.W.2d 131, 133 (1944), the conditions and spirit of the times, the prevailing sentiments of the people, the evils intended to be remedied, and the good to be accomplished. See Dir. of the Dep’t of Agric. & Env’t v. Printing Indus. Ass’n of Tex., 600 S.W.2d 264, 267 (Tex.1980).

In construing a statute, our objective is to determine and give effect to the Legislature’s intent. State v. Gonzalez, 82 S.W.3d 322, 327 (Tex.2002); see also Tex. Gov’t Code §-312.005; Am. Home Prods. Corp. v. Clark, 38 S.W.3d 92, 95 (Tex.2000). We look first to the “plain and common meaning of the statute’s words.” Gonzalez, 82 S.W.3d at 327 (internal quotation marks omitted) (quoting Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865 (Tex.1999)). We determine legislative intent from the statute as a whole and not from isolated portions. Id.

B. Governmental Immunity

Governmental immunity protects political subdivisions of the State from lawsuits for damages. See Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex.2006). Hospital districts have such immunity. See Martinez v. Val Verde Coimty Hosp. Dist., 140 S.W.3d 370, 371 (Tex.2004). Governmental immunity, like the doctrine of sovereign immunity to which it is appurtenant, involves two issues: whether the State has consented to suit and whether the State has accepted liability. Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 696 (Tex.2003). Immunity from suit is jurisdictional and bars suit; immunity from liability is not jurisdictional and protects from judgments. Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex.2004). Immunity is waived only by clear and unambiguous language. See Tex. Gov’t Code § 311.034 (“[A] statute shall not be construed as a waiver of sovereign immunity [843]

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Bluebook (online)
283 S.W.3d 838, 52 Tex. Sup. Ct. J. 680, 2009 Tex. LEXIS 293, 2009 WL 1165307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-county-hospital-district-v-tomball-regional-hospital-tex-2009.