Texas 2009 - 81st Regular

Texas House Bill HB2619 Compare Versions

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1	1	81R11947 MCK/KEL/PAM-D
2	2	By: Frost H.B. No. 2619
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the nonsubstantive revision of certain local laws
8	8	concerning special districts, including conforming amendments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
11	11	SECTION 1.01. Subtitle A, Title 3, Special District Local
12	12	Laws Code, is amended by adding Chapters 1035, 1056, 1061, 1063,
13	13	1064, 1067, 1072, 1073, 1077, 1078, 1079, 1080, 1081, 1082, 1083,
14	14	1084, 1085, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, and 1097
15	15	to read as follows:
16	16	CHAPTER 1035. DEWITT MEDICAL DISTRICT
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 1035.001. DEFINITIONS
19	19	Sec. 1035.002. AUTHORITY FOR CREATION
20	20	Sec. 1035.003. POLITICAL SUBDIVISION
21	21	Sec. 1035.004. DISTRICT TERRITORY
22	22	Sec. 1035.005. CORRECTION OF INVALID PROCEDURES
23	23	Sec. 1035.006. DISTRICT SUPPORT AND MAINTENANCE NOT
24	24	STATE OBLIGATION
25	25	[Sections 1035.007-1035.050 reserved for expansion]
26	26	SUBCHAPTER B. DISTRICT ADMINISTRATION
27	27	Sec. 1035.051. BOARD ELECTION; TERM
28	28	Sec. 1035.052. NOTICE OF ELECTION
29	29	Sec. 1035.053. QUALIFICATIONS FOR OFFICE
30	30	Sec. 1035.054. BOND; RECORD OF BOND AND OATH OR
31	31	AFFIRMATION OF OFFICE
32	32	Sec. 1035.055. BOARD VACANCY
33	33	Sec. 1035.056. OFFICERS
34	34	Sec. 1035.057. COMPENSATION; EXPENSES
35	35	Sec. 1035.058. VOTING REQUIREMENT
36	36	Sec. 1035.059. DISTRICT ADMINISTRATOR
37	37	Sec. 1035.060. GENERAL DUTIES OF DISTRICT
38	38	ADMINISTRATOR
39	39	Sec. 1035.061. RECRUITMENT OF MEDICAL STAFF AND
40	40	EMPLOYEES
41	41	Sec. 1035.062. CONTINUING EDUCATION; RETRAINING
42	42	Sec. 1035.063. DOCTORS AND OTHER EMPLOYEES
43	43	[Sections 1035.064-1035.100 reserved for expansion]
44	44	SUBCHAPTER C. POWERS AND DUTIES
45	45	Sec. 1035.101. DISTRICT RESPONSIBILITY
46	46	Sec. 1035.102. RESTRICTION ON POLITICAL SUBDIVISION
47	47	TAXATION AND DEBT
48	48	Sec. 1035.103. MANAGEMENT AND CONTROL
49	49	Sec. 1035.104. HOSPITAL SYSTEM
50	50	Sec. 1035.105. PROVISION OF CERTAIN HEALTH SERVICES
51	51	Sec. 1035.106. EMINENT DOMAIN
52	52	Sec. 1035.107. GIFTS AND ENDOWMENTS
53	53	Sec. 1035.108. CONTRACT WITH NIXON HOSPITAL DISTRICT
54	54	Sec. 1035.109. PAYMENT FOR TREATMENT; PROCEDURES
55	55	Sec. 1035.110. REIMBURSEMENT FOR SERVICES
56	56	Sec. 1035.111. AUTHORITY TO SUE AND BE SUED
57	57	[Sections 1035.112-1035.150 reserved for expansion]
58	58	SUBCHAPTER D. CHANGE IN BOUNDARIES
59	59	Sec. 1035.151. EXPANSION OF TERRITORY; BOARD ORDER
60	60	Sec. 1035.152. ANNEXATION OF TERRITORY; PETITION
61	61	Sec. 1035.153. APPROVAL OR DENIAL OF ANNEXATION
62	62	PETITION
63	63	Sec. 1035.154. ELECTION ORDER
64	64	Sec. 1035.155. ELECTION DATE
65	65	Sec. 1035.156. NOTICE OF ELECTION
66	66	Sec. 1035.157. BALLOT
67	67	Sec. 1035.158. ELECTION RESULTS
68	68	[Sections 1035.159-1035.200 reserved for expansion]
69	69	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
70	70	Sec. 1035.201. DEPOSITORY
71	71	Sec. 1035.202. AUTHORITY TO BORROW MONEY; SECURITY
72	72	[Sections 1035.203-1035.250 reserved for expansion]
73	73	SUBCHAPTER F. BONDS
74	74	Sec. 1035.251. GENERAL OBLIGATION BONDS
75	75	Sec. 1035.252. TAX TO PAY GENERAL OBLIGATION BONDS
76	76	Sec. 1035.253. GENERAL OBLIGATION BOND ELECTION
77	77	Sec. 1035.254. EXECUTION OF BONDS
78	78	Sec. 1035.255. INVESTMENT OF BOND PROCEEDS
79	79	Sec. 1035.256. REVENUE BONDS
80	80	[Sections 1035.257-1035.300 reserved for expansion]
81	81	SUBCHAPTER G. TAXES
82	82	Sec. 1035.301. IMPOSITION OF AD VALOREM TAX
83	83	Sec. 1035.302. TAX RATE
84	84	Sec. 1035.303. TAX ASSESSOR-COLLECTOR
85	85	CHAPTER 1035. DEWITT MEDICAL DISTRICT
86	86	SUBCHAPTER A. GENERAL PROVISIONS
87	87	Sec. 1035.001. DEFINITIONS. In this chapter:
88	88	(1) "Board" means the board of directors of the
89	89	district.
90	90	(2) "Director" means a member of the board.
91	91	(3) "District" means the DeWitt Medical District.
92	92	(New.)
93	93	Sec. 1035.002. AUTHORITY FOR CREATION. The DeWitt Medical
94	94	District is created under the authority of Section 9, Article IX,
95	95	Texas Constitution. (Acts 59th Leg., R.S., Ch. 310, Secs. 1 (part),
96	96	1A(a).)
97	97	Sec. 1035.003. POLITICAL SUBDIVISION. The district is a
98	98	political subdivision of this state. (Acts 59th Leg., R.S., Ch.
99	99	310, Sec. 15 (part).)
100	100	Sec. 1035.004. DISTRICT TERRITORY. (a) The district is
101	101	composed of the territory described by Section 1, Chapter 310, Acts
102	102	of the 59th Legislature, Regular Session, 1965.
103	103	(b) The boundaries and field notes of the district form a
104	104	closure. A mistake in copying the field notes in the legislative
105	105	process does not affect:
106	106	(1) the district's organization, existence, or
107	107	validity;
108	108	(2) the district's right to issue a bond;
109	109	(3) the district's right to impose a tax; or
110	110	(4) the legality or operation of the district. (New;
111	111	Acts 59th Leg., R.S., Ch. 310, Sec. 1 (part).)
112	112	Sec. 1035.005. CORRECTION OF INVALID PROCEDURES. If a
113	113	court holds that any procedure under this chapter violates the
114	114	constitution of this state or of the United States, the district by
115	115	resolution may provide an alternative procedure that conforms with
116	116	the constitution. (Acts 59th Leg., R.S., Ch. 310, Sec. 17 (part).)
117	117	Sec. 1035.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
118	118	OBLIGATION. The support and maintenance of the district's hospital
119	119	system may not become a charge against or obligation of this state.
120	120	(Acts 59th Leg., R.S., Ch. 310, Sec. 8 (part).)
121	121	[Sections 1035.007-1035.050 reserved for expansion]
122	122	SUBCHAPTER B. DISTRICT ADMINISTRATION
123	123	Sec. 1035.051. BOARD ELECTION; TERM. (a) The district is
124	124	governed by a board of five directors elected from the district at
125	125	large.
126	126	(b) Directors serve staggered three-year terms.
127	127	(c) An election shall be held each year on the May uniform
128	128	election date under Section 41.001, Election Code, to elect the
129	129	appropriate number of directors. (Acts 59th Leg., R.S., Ch. 310,
130	130	Secs. 4(a), (c) (part).)
131	131	Sec. 1035.052. NOTICE OF ELECTION. Notice of a directors'
132	132	election shall be published in a newspaper of general circulation
133	133	in the district in accordance with Section 4.003, Election Code.
134	134	(Acts 59th Leg., R.S., Ch. 310, Sec. 4(c) (part).)
135	135	Sec. 1035.053. QUALIFICATIONS FOR OFFICE. (a) To be
136	136	qualified to serve as a director, a person must:
137	137	(1) reside in the district; and
138	138	(2) be at least 21 years of age.
139	139	(b) A person may not serve as a director if the person:
140	140	(1) is a district employee; or
141	141	(2) was a district employee at any time during the two
142	142	years preceding the date of the election. (Acts 59th Leg., R.S.,
143	143	Ch. 310, Sec. 4(b).)
144	144	Sec. 1035.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
145	145	OF OFFICE. (a) Each director shall qualify by executing a good and
146	146	sufficient bond for $5,000 that is:
147	147	(1) approved by the board;
148	148	(2) payable to the district; and
149	149	(3) conditioned on the faithful performance of the
150	150	director's duties.
151	151	(b) Each director's bond and constitutional oath or
152	152	affirmation of office shall be kept in the district's permanent
153	153	records. (Acts 59th Leg., R.S., Ch. 310, Sec. 5 (part).)
154	154	Sec. 1035.055. BOARD VACANCY. (a) If a vacancy occurs in
155	155	the office of director, the remaining directors shall appoint a
156	156	director for the unexpired term.
157	157	(b) If the number of directors is reduced to fewer than
158	158	three, the remaining directors shall immediately call a special
159	159	election to fill the vacancies. If the remaining directors do not
160	160	call the election, a district court, on application of a district
161	161	voter or taxpayer, may order the directors to hold the election.
162	162	(Acts 59th Leg., R.S., Ch. 310, Sec. 7(g).)
163	163	Sec. 1035.056. OFFICERS. (a) At the board's first regular
164	164	meeting following the annual election of the directors, the board
165	165	shall elect a chair, vice chair, and secretary from among its
166	166	members to serve for a term of one year.
167	167	(b) The board may create additional officer positions.
168	168	(Acts 59th Leg., R.S., Ch. 310, Sec. 7(a).)
169	169	Sec. 1035.057. COMPENSATION; EXPENSES. A director serves
170	170	without compensation but may be reimbursed for actual expenses
171	171	incurred in the performance of official duties on approval of the
172	172	expenses by the board. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(f).)
173	173	Sec. 1035.058. VOTING REQUIREMENT. A concurrence of a
174	174	majority of the directors is sufficient in any matter relating to
175	175	district business. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(b)
176	176	(part).)
177	177	Sec. 1035.059. DISTRICT ADMINISTRATOR. (a) The board
178	178	shall appoint a qualified person as district administrator.
179	179	(b) The district administrator serves at the will of the
180	180	board and is entitled to the compensation determined by the board.
181	181	(c) The board shall require that before assuming the duties
182	182	of district administrator the administrator must execute a bond in
183	183	an amount set by the board of not less than $5,000 that is:
184	184	(1) payable to the district; and
185	185	(2) conditioned on the performance of the
186	186	administrator's duties.
187	187	(d) The board may pay for the bond with district money.
188	188	(Acts 59th Leg., R.S., Ch. 310, Sec. 7(h) (part).)
189	189	Sec. 1035.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
190	190	Subject to the limitations prescribed by the board, the district
191	191	administrator shall:
192	192	(1) supervise the work and activities of the district;
193	193	and
194	194	(2) direct the affairs of the district. (Acts 59th
195	195	Leg., R.S., Ch. 310, Sec. 7(h) (part).)
196	196	Sec. 1035.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
197	197	The board may spend district money to recruit physicians, nurses,
198	198	or other trained medical personnel. The board may pay the tuition or
199	199	other costs or expenses of a full-time medical or nursing student
200	200	who:
201	201	(1) is enrolled in and is in good standing at an
202	202	accredited school, college, or university; and
203	203	(2) contractually agrees to become a district employee
204	204	in return for that assistance. (Acts 59th Leg., R.S., Ch. 310,
205	205	Secs. 16A(a), (b).)
206	206	Sec. 1035.062. CONTINUING EDUCATION; RETRAINING. The board
207	207	may spend district money for continuing education and retraining of
208	208	employees. (Acts 59th Leg., R.S., Ch. 310, Sec. 16A(c).)
209	209	Sec. 1035.063. DOCTORS AND OTHER EMPLOYEES. The board may
210	210	contract with doctors or appoint doctors to the medical staff and
211	211	may employ technicians, nurses, and other employees the board
212	212	considers necessary for the efficient operation of the district.
213	213	The board may delegate that authority to the district
214	214	administrator. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(i).)
215	215	[Sections 1035.064-1035.100 reserved for expansion]
216	216	SUBCHAPTER C. POWERS AND DUTIES
217	217	Sec. 1035.101. DISTRICT RESPONSIBILITY. The district has
218	218	full responsibility for providing medical and hospital care for the
219	219	district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 310, Sec.
220	220	2 (part).)
221	221	Sec. 1035.102. RESTRICTION ON POLITICAL SUBDIVISION
222	222	TAXATION AND DEBT. A political subdivision in DeWitt County, other
223	223	than the district, may not impose a tax or issue bonds or other
224	224	obligations for hospital purposes or to provide medical care in the
225	225	district. (Acts 59th Leg., R.S., Ch. 310, Sec. 2 (part).)
226	226	Sec. 1035.103. MANAGEMENT AND CONTROL. (a) The board has
227	227	all powers necessary, convenient, or incidental to carry out the
228	228	purposes for which the district was created.
229	229	(b) The board has complete management and control of all
230	230	district business, including the power to negotiate and contract
231	231	with any person to purchase or lease land, to construct and equip a
232	232	hospital system, to operate and maintain a hospital or hospitals,
233	233	and to negotiate and contract with other political subdivisions of
234	234	this state or with private individuals, associations, or
235	235	corporations for those purposes as the board determines necessary
236	236	or desirable. (Acts 59th Leg., R.S., Ch. 310, Secs. 7(c), (e).)
237	237	Sec. 1035.104. HOSPITAL SYSTEM. The district shall provide
238	238	for:
239	239	(1) the establishment of a hospital or hospital system
240	240	in the district to furnish medical and hospital care to district
241	241	residents by:
242	242	(A) purchasing, constructing, acquiring,
243	243	repairing, or renovating buildings and improvements for hospital
244	244	purposes; and
245	245	(B) equipping the buildings and improvements for
246	246	those purposes; and
247	247	(2) the administration of the hospital system for
248	248	hospital purposes. (Acts 59th Leg., R.S., Ch. 310, Sec. 2 (part).)
249	249	Sec. 1035.105. PROVISION OF CERTAIN HEALTH SERVICES. The
250	250	district may provide:
251	251	(1) emergency medical services;
252	252	(2) home health care services;
253	253	(3) long-term health care services;
254	254	(4) assisted living services; or
255	255	(5) any other appropriate health care services the
256	256	board determines are necessary to meet the district's needs. (Acts
257	257	59th Leg., R.S., Ch. 310, Sec. 7A.)
258	258	Sec. 1035.106. EMINENT DOMAIN. (a) The district may
259	259	exercise the power of eminent domain to acquire a fee simple or
260	260	other interest in any type of property, real, personal, or mixed,
261	261	located in district territory, if the interest is necessary for the
262	262	district to exercise a right, power, privilege, or function
263	263	conferred on the district by this chapter.
264	264	(b) The district must exercise the power of eminent domain
265	265	in the manner provided by Chapter 21, Property Code, except the
266	266	district is not required to deposit in the trial court money or a
267	267	bond as provided by Section 21.021(a), Property Code.
268	268	(c) In a condemnation proceeding brought by the district,
269	269	the district is not required to:
270	270	(1) pay in advance or provide a bond or other security
271	271	for costs in the trial court;
272	272	(2) provide a bond for the issuance of a temporary
273	273	restraining order or a temporary injunction; or
274	274	(3) provide a bond for costs or a supersedeas bond on
275	275	an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 310,
276	276	Sec. 11.)
277	277	Sec. 1035.107. GIFTS AND ENDOWMENTS. The board may accept
278	278	for the district a gift or endowment to be held in trust and
279	279	administered by the board for the purposes and under the
280	280	directions, limitations, or other provisions prescribed in writing
281	281	by the donor that are not inconsistent with the proper management
282	282	and objectives of the district. (Acts 59th Leg., R.S., Ch. 310,
283	283	Sec. 16.)
284	284	Sec. 1035.108. CONTRACT WITH NIXON HOSPITAL DISTRICT. The
285	285	district, through the board, may contract with the Nixon Hospital
286	286	District of Gonzales and Wilson Counties, Texas, for the district
287	287	to lease, manage, or operate a health care facility located in the
288	288	Nixon Hospital District. (Acts 59th Leg., R.S., Ch. 310, Sec.
289	289	7(d).)
290	290	Sec. 1035.109. PAYMENT FOR TREATMENT; PROCEDURES. (a)
291	291	Each year, the board may set criteria for determining residency,
292	292	eligibility for service, and the type of services available.
293	293	(b) When a patient who resides in the district is admitted
294	294	to a district facility, the district administrator may have an
295	295	inquiry made into the financial circumstances of:
296	296	(1) the patient; and
297	297	(2) a relative of the patient who is legally
298	298	responsible for the patient's support.
299	299	(c) The district without charge shall provide to a patient
300	300	who resides in the district the care and treatment that the patient
301	301	or a relative of the patient who is legally responsible for the
302	302	patient's support cannot pay.
303	303	(d) On determining that the patient or a relative legally
304	304	responsible for the patient's support can pay for all or part of the
305	305	care and treatment provided by the district, the district
306	306	administrator shall report that determination to the board, and the
307	307	board shall issue an order directing the patient or the relative to
308	308	pay the district a specified amount each week. The amount must be
309	309	based on the individual's ability to pay.
310	310	(e) The district administrator may collect money owed to the
311	311	district from the patient's estate or from that of a relative
312	312	legally responsible for the patient's support in the manner
313	313	provided by law for collection of expenses of the last illness of a
314	314	deceased person.
315	315	(f) If there is a dispute relating to an individual's
316	316	ability to pay, the board shall:
317	317	(1) call witnesses;
318	318	(2) hear and resolve the question; and
319	319	(3) issue a final order.
320	320	(g) The final order of the board may be appealed to a
321	321	district court in the county in which the district is located. The
322	322	substantial evidence rule applies to the appeal. (Acts 59th Leg.,
323	323	R.S., Ch. 310, Secs. 13A(a), (b) (part), (c), (d), (e), (f).)
324	324	Sec. 1035.110. REIMBURSEMENT FOR SERVICES. (a) The board
325	325	shall require a county, municipality, or public hospital located
326	326	outside the district to reimburse the district for the district's
327	327	care and treatment of a sick or injured person of that county,
328	328	municipality, or public hospital as provided by Chapter 61, Health
329	329	and Safety Code.
330	330	(b) The board shall require the sheriff of DeWitt County or
331	331	the police chief of any municipality in the district to reimburse
332	332	the district for the district's care and treatment of a person who
333	333	is confined in a jail facility of DeWitt County or the municipality
334	334	and is not a district resident. A prisoner in the DeWitt County
335	335	jail or in a penal or police facility located in the district is not
336	336	considered a district resident unless the person would meet the
337	337	qualifications for residency notwithstanding the incarceration,
338	338	its duration, or the facts surrounding the incarceration.
339	339	(c) The board may contract with the state or federal
340	340	government for that government to reimburse the district for
341	341	treatment of a sick or injured person. (Acts 59th Leg., R.S., Ch.
342	342	310, Sec. 13B.)
343	343	Sec. 1035.111. AUTHORITY TO SUE AND BE SUED. As a
344	344	governmental agency, the district may sue and be sued in its own
345	345	name in any court of this state. (Acts 59th Leg., R.S., Ch. 310,
346	346	Sec. 15 (part).)
347	347	[Sections 1035.112-1035.150 reserved for expansion]
348	348	SUBCHAPTER D. CHANGE IN BOUNDARIES
349	349	Sec. 1035.151. EXPANSION OF TERRITORY; BOARD ORDER. (a)
350	350	The board may order an election on the question of:
351	351	(1) expanding the district's boundaries to include all
352	352	of the territory in DeWitt County that is not included in the Yoakum
353	353	Hospital District;
354	354	(2) the assumption by the additional territory of a
355	355	proportionate share of district debts; and
356	356	(3) the imposition of taxes in the territory to be
357	357	added to the district.
358	358	(b) Subsequent elections may be held on the same issue.
359	359	(Acts 59th Leg., R.S., Ch. 310, Secs. 1B(a), (h) (part).)
360	360	Sec. 1035.152. ANNEXATION OF TERRITORY; PETITION. (a) The
361	361	district may annex one or more tracts of territory in accordance
362	362	with the method provided by this subchapter.
363	363	(b) A registered voter who resides in a defined territory
364	364	may file a petition with the board requesting inclusion of the
365	365	territory in the district. The territory:
366	366	(1) must be contiguous to the district's boundaries or
367	367	to territory to be annexed under this subchapter; and
368	368	(2) may not be located in the boundaries of another
369	369	district or a district for which the legislature has enacted
370	370	enabling legislation.
371	371	(c) The petition must:
372	372	(1) describe the territory to be annexed; and
373	373	(2) be signed by the lesser of:
374	374	(A) at least 100 registered voters who reside in
375	375	that territory; or
376	376	(B) a majority of the registered voters.
377	377	(d) The board may act simultaneously on several petitions
378	378	for annexation. If more than one petition requests annexation of
379	379	the same territory, the board must act on the first petition filed.
380	380	(e) The board may not amend a petition. (Acts 59th Leg.,
381	381	R.S., Ch. 310, Secs. 1C(a), (b), (c) (part), (d) (part).)
382	382	Sec. 1035.153. APPROVAL OR DENIAL OF ANNEXATION PETITION.
383	383	(a) If the board finds that annexation of territory into the
384	384	district is in the district's best interest, the board shall, not
385	385	later than the 90th day after the date the finding is made:
386	386	(1) approve the petition filed under Section 1035.152;
387	387	and
388	388	(2) order an election on the question of annexing the
389	389	territory.
390	390	(b) If the board finds that annexation is not in the
391	391	district's best interest, the board shall deny the petition filed
392	392	under Section 1035.152. (Acts 59th Leg., R.S., Ch. 310, Sec. 1C(d)
393	393	(part).)
394	394	Sec. 1035.154. ELECTION ORDER. (a) The order calling an
395	395	election under this subchapter must state:
396	396	(1) the nature of the election, including the
397	397	proposition to appear on the ballot;
398	398	(2) the date of the election;
399	399	(3) the hours during which the polls will be open; and
400	400	(4) the location of the polling places.
401	401	(b) The board shall order an annexation election required by
402	402	this subchapter so that the territory included in each approved
403	403	annexation petition is allowed to vote separately on inclusion in
404	404	the district. (Acts 59th Leg., R.S., Ch. 310, Secs. 1B(b), 1C(c)
405	405	(part), (e).)
406	406	Sec. 1035.155. ELECTION DATE. (a) The election in the
407	407	district and the election in the territory to be added or annexed
408	408	must be held on the same day.
409	409	(b) Section 41.001(a), Election Code, does not apply to an
410	410	election ordered under this section. (Acts 59th Leg., R.S., Ch.
411	411	310, Secs. 1B(d) (part), (g), 1C(g) (part), (j).)
412	412	Sec. 1035.156. NOTICE OF ELECTION. (a) The board shall
413	413	give notice of an election under this subchapter by publishing once
414	414	a week for two consecutive weeks a substantial copy of the election
415	415	order in a newspaper with general circulation in the district and
416	416	the area to be added or annexed.
417	417	(b) The first publication of the notice must appear at least
418	418	30 days before the date set for the election. (Acts 59th Leg.,
419	419	R.S., Ch. 310, Secs. 1B(c), 1C(f).)
420	420	Sec. 1035.157. BALLOT. (a) The ballot for an expansion
421	421	election ordered under Section 1035.151 must be printed to permit
422	422	voting for or against the proposition: "Expanding the DeWitt
423	423	Medical District to include all of DeWitt County except that
424	424	territory included in Yoakum Hospital District, the assumption by
425	425	the additional territory of its proportionate share of the
426	426	district's outstanding debts, and the imposition of a tax not to
427	427	exceed 75 cents on each $100 of valuation of all taxable property in
428	428	the expanded area of the district."
429	429	(b) The ballot for an annexation election ordered under
430	430	Section 1035.153 must be printed to permit voting for or against the
431	431	proposition: "Adding (description of territory to be added) to the
432	432	DeWitt Medical District, the assumption by the additional territory
433	433	of its proportionate share of the district's outstanding debts, and
434	434	the imposition of a tax not to exceed 75 cents on each $100 of
435	435	valuation of all taxable property in the annexed area of the
436	436	district." (Acts 59th Leg., R.S., Ch. 310, Secs. 1B(e), 1C(h).)
437	437	Sec. 1035.158. ELECTION RESULTS. (a) The district
438	438	boundaries may be expanded or territory may be annexed to the
439	439	district under this subchapter only if the expansion or annexation,
440	440	the assumption of debt, and the imposition of taxes are approved by
441	441	a majority of the voters voting at:
442	442	(1) an election held in the district; and
443	443	(2) a separate election held in the territory to be
444	444	added.
445	445	(b) If the election results for an election under this
446	446	subchapter are not favorable to the proposition to expand the
447	447	district or to annex the territory, subsequent elections may be
448	448	held on the same issue. (Acts 59th Leg., R.S., Ch. 310, Secs.
449	449	1B(f), (h), 1C(i), (k).)
450	450	[Sections 1035.159-1035.200 reserved for expansion]
451	451	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
452	452	Sec. 1035.201. DEPOSITORY. (a) The board by resolution
453	453	shall designate a bank in the county as the district's depository.
454	454	A designated bank serves for two years and until a successor is
455	455	designated.
456	456	(b) All district money shall be secured in the manner
457	457	provided for securing county funds. (Acts 59th Leg., R.S., Ch. 310,
458	458	Sec. 10.)
459	459	Sec. 1035.202. AUTHORITY TO BORROW MONEY; SECURITY. (a)
460	460	The board may borrow money at a rate not to exceed the maximum
461	461	annual percentage rate allowed by law for district obligations at
462	462	the time of the loan.
463	463	(b) To secure a loan, the board may pledge:
464	464	(1) district revenue that is not pledged to pay the
465	465	district's bonded indebtedness;
466	466	(2) a district tax to be imposed by the district during
467	467	the 12-month period following the date of the pledge that is not
468	468	pledged to pay the principal of or interest on district bonds; or
469	469	(3) district bonds that have been authorized but not
470	470	sold.
471	471	(c) A loan for which taxes or bonds are pledged must mature
472	472	not later than the anniversary of the date the loan is made. A loan
473	473	for which district revenue is pledged must mature not later than the
474	474	10th anniversary of the date the loan is made. (Acts 59th Leg.,
475	475	R.S., Ch. 310, Sec. 12A.)
476	476	[Sections 1035.203-1035.250 reserved for expansion]
477	477	SUBCHAPTER F. BONDS
478	478	Sec. 1035.251. GENERAL OBLIGATION BONDS. The board may
479	479	issue and sell general obligation bonds authorized by an election
480	480	in the name and on the faith and credit of the district for any
481	481	purpose relating to:
482	482	(1) the purchase, construction, acquisition, repair,
483	483	or renovation of buildings or improvements; and
484	484	(2) equipping buildings or improvements for hospital
485	485	purposes. (Acts 59th Leg., R.S., Ch. 310, Sec. 12(a) (part).)
486	486	Sec. 1035.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
487	487	the time general obligation bonds are issued under Section
488	488	1035.251, an ad valorem tax shall be imposed at a rate sufficient to
489	489	create an interest and sinking fund to pay the principal of and
490	490	interest on the bonds as the bonds mature.
491	491	(b) The tax required by this section together with any other
492	492	ad valorem tax imposed for the district may not in any year exceed
493	493	75 cents on each $100 valuation of all taxable property in the
494	494	district. (Acts 59th Leg., R.S., Ch. 310, Sec. 12(a) (part).)
495	495	Sec. 1035.253. GENERAL OBLIGATION BOND ELECTION. (a) The
496	496	district may issue general obligation bonds only if the bonds are
497	497	authorized by a majority of the district voters voting in an
498	498	election called for that purpose and ordered by the board on its own
499	499	motion.
500	500	(b) The election shall be conducted in accordance with
501	501	Chapter 1251, Government Code. (Acts 59th Leg., R.S., Ch. 310,
502	502	Secs. 6 (part), 12(c).)
503	503	Sec. 1035.254. EXECUTION OF BONDS. (a) The board president
504	504	shall execute district bonds in the district's name.
505	505	(b) The board secretary shall countersign the bonds. (Acts
506	506	59th Leg., R.S., Ch. 310, Sec. 12(b) (part).)
507	507	Sec. 1035.255. INVESTMENT OF BOND PROCEEDS. Until the
508	508	proceeds from the sale of district bonds are needed to carry out the
509	509	bond purpose, the proceeds may be:
510	510	(1) invested in direct obligations of the United
511	511	States; or
512	512	(2) placed on time deposit. (Acts 59th Leg., R.S., Ch.
513	513	310, Sec. 12(b) (part).)
514	514	Sec. 1035.256. REVENUE BONDS. (a) The board may issue and
515	515	sell revenue bonds in the name and on the faith and credit of the
516	516	district to purchase, construct, acquire, repair, renovate, or
517	517	equip buildings or improvements for district purposes.
518	518	(b) The bonds must be payable from and secured by a pledge of
519	519	all or part of the revenue derived from the operation of the
520	520	district's hospital system.
521	521	(c) The bonds may be additionally secured by a mortgage or
522	522	deed of trust lien on all or part of district property.
523	523	(d) The bonds must be issued in the manner provided by
524	524	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
525	525	Health and Safety Code, for the issuance of revenue bonds by a
526	526	county hospital authority. (Acts 59th Leg., R.S., Ch. 310, Sec.
527	527	12(e).)
528	528	[Sections 1035.257-1035.300 reserved for expansion]
529	529	SUBCHAPTER G. TAXES
530	530	Sec. 1035.301. IMPOSITION OF AD VALOREM TAX. (a) The board
531	531	shall impose a tax on all property in the district subject to
532	532	district taxation.
533	533	(b) The board shall impose the tax to:
534	534	(1) meet the requirements of district bonds;
535	535	(2) provide for the district's maintenance and
536	536	operating expenses;
537	537	(3) make improvements and additions to the district's
538	538	hospitals or hospital system; and
539	539	(4) acquire necessary sites by gift, purchase, lease,
540	540	or condemnation. (Acts 59th Leg., R.S., Ch. 310, Sec. 8 (part).)
541	541	Sec. 1035.302. TAX RATE. The board shall impose the tax at
542	542	a rate not to exceed 75 cents on each $100 valuation of all taxable
543	543	property in the district. (Acts 59th Leg., R.S., Ch. 310, Sec. 8
544	544	(part).)
545	545	Sec. 1035.303. TAX ASSESSOR-COLLECTOR. The board may:
546	546	(1) appoint a tax assessor-collector for the district;
547	547	or
548	548	(2) contract for the assessment and collection of
549	549	taxes as provided by the Tax Code. (Acts 59th Leg., R.S., Ch. 310,
550	550	Sec. 9 (part).)
551	551	CHAPTER 1056. MARTIN COUNTY HOSPITAL DISTRICT
552	552	SUBCHAPTER A. GENERAL PROVISIONS
553	553	Sec. 1056.001. DEFINITIONS
554	554	Sec. 1056.002. AUTHORITY FOR OPERATION
555	555	Sec. 1056.003. DISTRICT TERRITORY
556	556	[Sections 1056.004-1056.050 reserved for expansion]
557	557	SUBCHAPTER B. DISTRICT ADMINISTRATION
558	558	Sec. 1056.051. BOARD APPOINTMENT; TERM
559	559	Sec. 1056.052. BOARD VACANCY
560	560	Sec. 1056.053. NONATTENDANCE
561	561	Sec. 1056.054. OFFICERS
562	562	Sec. 1056.055. COMPENSATION; EXPENSES
563	563	Sec. 1056.056. QUORUM
564	564	Sec. 1056.057. RECORDS OF PROCEEDINGS
565	565	Sec. 1056.058. DISTRICT ADMINISTRATOR
566	566	Sec. 1056.059. GENERAL DUTIES OF DISTRICT
567	567	ADMINISTRATOR
568	568	Sec. 1056.060. ASSISTANT ADMINISTRATOR
569	569	Sec. 1056.061. LEGAL COUNSEL
570	570	Sec. 1056.062. EMPLOYEES
571	571	Sec. 1056.063. RETIREMENT PROGRAM
572	572	Sec. 1056.064. SEAL
573	573	[Sections 1056.065-1056.100 reserved for expansion]
574	574	SUBCHAPTER C. POWERS AND DUTIES
575	575	Sec. 1056.101. DISTRICT RESPONSIBILITY
576	576	Sec. 1056.102. RESTRICTION ON COUNTY OR MUNICIPALITY
577	577	TAXATION
578	578	Sec. 1056.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
579	579	Sec. 1056.104. RULES
580	580	Sec. 1056.105. PURCHASING AND ACCOUNTING PROCEDURES
581	581	Sec. 1056.106. EMINENT DOMAIN
582	582	Sec. 1056.107. GIFTS AND ENDOWMENTS
583	583	Sec. 1056.108. CONTRACTS WITH GOVERNMENTAL ENTITIES
584	584	FOR CARE AND TREATMENT
585	585	Sec. 1056.109. PAYMENT FOR TREATMENT; PROCEDURES
586	586	Sec. 1056.110. AUTHORITY TO SUE AND BE SUED
587	587	[Sections 1056.111-1056.150 reserved for expansion]
588	588	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
589	589	Sec. 1056.151. BUDGET
590	590	Sec. 1056.152. ANNUAL AUDIT
591	591	Sec. 1056.153. FINANCIAL REPORT
592	592	Sec. 1056.154. DEPOSITORY
593	593	[Sections 1056.155-1056.200 reserved for expansion]
594	594	SUBCHAPTER E. BONDS
595	595	Sec. 1056.201. BONDS
596	596	Sec. 1056.202. TAX TO PAY BONDS
597	597	Sec. 1056.203. BOND ELECTION
598	598	Sec. 1056.204. REFUNDING BONDS
599	599	Sec. 1056.205. EXECUTION OF BONDS
600	600	[Sections 1056.206-1056.250 reserved for expansion]
601	601	SUBCHAPTER F. TAXES
602	602	Sec. 1056.251. IMPOSITION OF AD VALOREM TAX
603	603	Sec. 1056.252. TAX RATE
604	604	Sec. 1056.253. TAX ASSESSOR-COLLECTOR
605	605	CHAPTER 1056. MARTIN COUNTY HOSPITAL DISTRICT
606	606	SUBCHAPTER A. GENERAL PROVISIONS
607	607	Sec. 1056.001. DEFINITIONS. In this chapter:
608	608	(1) "Board" means the board of hospital managers of
609	609	the district.
610	610	(2) "District" means the Martin County Hospital
611	611	District.
612	612	(3) "Manager" means a member of the board. (New.)
613	613	Sec. 1056.002. AUTHORITY FOR OPERATION. The Martin County
614	614	Hospital District operates in accordance with and has the powers
615	615	and responsibilities provided by Section 9, Article IX, Texas
616	616	Constitution. (Acts 60th Leg., R.S., Ch. 674, Sec. 1 (part).)
617	617	Sec. 1056.003. DISTRICT TERRITORY. The boundaries of the
618	618	district are coextensive with the boundaries of Martin County.
619	619	(Acts 60th Leg., R.S., Ch. 674, Sec. 1 (part).)
620	620	[Sections 1056.004-1056.050 reserved for expansion]
621	621	SUBCHAPTER B. DISTRICT ADMINISTRATION
622	622	Sec. 1056.051. BOARD APPOINTMENT; TERM. (a) The board
623	623	consists of six managers appointed by the Martin County
624	624	Commissioners Court.
625	625	(b) Managers serve staggered two-year terms, with three
626	626	managers appointed each year. (Acts 60th Leg., R.S., Ch. 674, Sec.
627	627	3 (part).)
628	628	Sec. 1056.052. BOARD VACANCY. If a vacancy occurs in the
629	629	office of manager, the remaining managers shall appoint a manager
630	630	for the unexpired term. (Acts 60th Leg., R.S., Ch. 674, Sec. 3
631	631	(part).)
632	632	Sec. 1056.053. NONATTENDANCE. The failure of a manager to
633	633	attend three consecutive regular board meetings causes a vacancy in
634	634	the manager's office unless the absence is excused by formal action
635	635	of the board. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
636	636	Sec. 1056.054. OFFICERS. (a) The board shall select from
637	637	among the managers a presiding officer, who shall preside over the
638	638	board.
639	639	(b) A presiding officer pro tem shall preside in the absence
640	640	of the presiding officer.
641	641	(c) The district administrator or any manager may be
642	642	appointed secretary. (Acts 60th Leg., R.S., Ch. 674, Sec. 3
643	643	(part).)
644	644	Sec. 1056.055. COMPENSATION; EXPENSES. A manager serves
645	645	without compensation but may be reimbursed for actual and necessary
646	646	travel and other expenses incurred in the performance of the
647	647	manager's duties as determined by the board. (Acts 60th Leg., R.S.,
648	648	Ch. 674, Sec. 3 (part).)
649	649	Sec. 1056.056. QUORUM. A majority of the board present
650	650	shall constitute a quorum for the transaction of business. (Acts
651	651	60th Leg., R.S., Ch. 674, Sec. 3 (part).)
652	652	Sec. 1056.057. RECORDS OF PROCEEDINGS. (a) The board shall
653	653	require the secretary to keep suitable records of all proceedings
654	654	of each board meeting.
655	655	(b) After each meeting:
656	656	(1) the manager presiding at the meeting shall read
657	657	and sign the record; and
658	658	(2) the secretary shall attest the record. (Acts 60th
659	659	Leg., R.S., Ch. 674, Sec. 3 (part).)
660	660	Sec. 1056.058. DISTRICT ADMINISTRATOR. (a) The board
661	661	shall appoint a general manager qualified by training and
662	662	experience as the district administrator.
663	663	(b) The district administrator is entitled to receive the
664	664	compensation determined by the board.
665	665	(c) The board may remove the district administrator at any
666	666	time.
667	667	(d) Before assuming the duties of district administrator,
668	668	the administrator must execute a bond payable to the district in an
669	669	amount of not less than $10,000 that:
670	670	(1) is conditioned on the administrator performing
671	671	well and faithfully the administrator's required duties; and
672	672	(2) contains other conditions the board may require.
673	673	(Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
674	674	Sec. 1056.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
675	675	Subject to the limitations prescribed by the board, the district
676	676	administrator shall:
677	677	(1) perform the duties required by the board;
678	678	(2) supervise the work and activities of the district;
679	679	and
680	680	(3) direct the affairs of the district. (Acts 60th
681	681	Leg., R.S., Ch. 674, Sec. 3 (part).)
682	682	Sec. 1056.060. ASSISTANT ADMINISTRATOR. (a) The board may
683	683	designate an assistant administrator to discharge a duty or
684	684	function of the district administrator in the event of the
685	685	administrator's incapacity, absence, or inability to discharge the
686	686	duty or function.
687	687	(b) The assistant administrator shall post the bond
688	688	required by board order.
689	689	(c) The assistant administrator is subject to the
690	690	limitations prescribed by board order. (Acts 60th Leg., R.S., Ch.
691	691	674, Sec. 5.)
692	692	Sec. 1056.061. LEGAL COUNSEL. The board may employ legal
693	693	counsel to represent the district in all legal matters when the
694	694	board considers the employment advisable. (Acts 60th Leg., R.S.,
695	695	Ch. 674, Sec. 10.)
696	696	Sec. 1056.062. EMPLOYEES. The board shall authorize the
697	697	district administrator to employ any employees as considered
698	698	advisable for the efficient operation of the hospital or hospital
699	699	system. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
700	700	Sec. 1056.063. RETIREMENT PROGRAM. The board may:
701	701	(1) contract with this state or the federal government
702	702	as necessary to establish or continue a retirement program for the
703	703	benefit of district employees; or
704	704	(2) establish other retirement programs for the
705	705	benefit of district employees as it considers necessary and
706	706	advisable. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
707	707	Sec. 1056.064. SEAL. The board shall have a seal engraved
708	708	with the district's name to authenticate the acts of the board. The
709	709	secretary of the board shall keep the seal. (Acts 60th Leg., R.S.,
710	710	Ch. 674, Sec. 3 (part).)
711	711	[Sections 1056.065-1056.100 reserved for expansion]
712	712	SUBCHAPTER C. POWERS AND DUTIES
713	713	Sec. 1056.101. DISTRICT RESPONSIBILITY. (a) The district
714	714	shall admit patients to the hospital who are:
715	715	(1) district inhabitants; and
716	716	(2) able to pay for medical and hospital care.
717	717	(b) The district has full responsibility for providing
718	718	medical and hospital care for:
719	719	(1) eligible needy district inhabitants who are not
720	720	able to pay all or a part of the cost of the care; and
721	721	(2) eligible needy and indigent district residents.
722	722	(Acts 60th Leg., R.S., Ch. 674, Secs. 2 (part), 11 (part).)
723	723	Sec. 1056.102. RESTRICTION ON COUNTY OR MUNICIPALITY
724	724	TAXATION. Martin County or a municipality in the county may not
725	725	impose a tax for hospital purposes. (Acts 60th Leg., R.S., Ch. 674,
726	726	Secs. 1 (part), 11 (part).)
727	727	Sec. 1056.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
728	728	The board shall manage, control, and administer the hospital or
729	729	hospital system. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
730	730	Sec. 1056.104. RULES. The board may adopt rules for the
731	731	operation of the hospital or hospital system, including bylaws
732	732	governing board proceedings. (Acts 60th Leg., R.S., Ch. 674, Sec. 3
733	733	(part).)
734	734	Sec. 1056.105. PURCHASING AND ACCOUNTING PROCEDURES. (a)
735	735	The board may prescribe:
736	736	(1) the method and manner of making purchases and
737	737	expenditures by and for the district; and
738	738	(2) all accounting and control procedures.
739	739	(b) The district shall pay the salaries and expenses
740	740	necessarily incurred by the board or by an officer or agent of the
741	741	board in performing a duty prescribed or required by this section or
742	742	Section 1056.152.
743	743	(c) An officer, employee, or agent of the board shall
744	744	perform any function or service prescribed by the board under this
745	745	section or Section 1056.152. (Acts 60th Leg., R.S., Ch. 674, Sec. 4
746	746	(part).)
747	747	Sec. 1056.106. EMINENT DOMAIN. (a) The district may
748	748	exercise the power of eminent domain to acquire a fee simple or
749	749	other interest in any type of property, real, personal, or mixed,
750	750	located in district territory if the interest is necessary or
751	751	convenient for the district to exercise a right, power, privilege,
752	752	or function conferred on the district by this chapter.
753	753	(b) The district must exercise the power of eminent domain
754	754	in the manner provided by Chapter 21, Property Code, except the
755	755	district is not required to deposit in the trial court money or a
756	756	bond as provided by Section 21.021(a), Property Code.
757	757	(c) In a condemnation proceeding brought by the district,
758	758	the district is not required to:
759	759	(1) pay in advance or provide a bond for the issuance
760	760	of a temporary restraining order or a temporary injunction; or
761	761	(2) provide a bond for costs or a supersedeas bond on
762	762	an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 674,
763	763	Sec. 7.)
764	764	Sec. 1056.107. GIFTS AND ENDOWMENTS. The board may accept
765	765	for the district a gift or endowment to be held in trust and
766	766	administered by the board for the purposes and under the
767	767	directions, limitations, or other provisions prescribed in writing
768	768	by the donor that are not inconsistent with the proper management
769	769	and objectives of the district. (Acts 60th Leg., R.S., Ch. 674,
770	770	Sec. 16.)
771	771	Sec. 1056.108. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
772	772	CARE AND TREATMENT. The board may contract with:
773	773	(1) any county for the care and treatment of a sick or
774	774	injured person of that county; and
775	775	(2) this state or a federal agency for the care and
776	776	treatment of a sick or injured person for whom the state or agency
777	777	is responsible. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
778	778	Sec. 1056.109. PAYMENT FOR TREATMENT; PROCEDURES. (a)
779	779	When a patient from Martin County is admitted to a district
780	780	facility, the district administrator shall have an inquiry made
781	781	into the circumstances of:
782	782	(1) the patient; and
783	783	(2) the patient's relatives who are legally liable for
784	784	the patient's support.
785	785	(b) If the district administrator determines that the
786	786	patient or those relatives cannot pay all or part of the costs of
787	787	the care and treatment in the hospital, the amount of the costs that
788	788	cannot be paid becomes a charge against the district.
789	789	(c) If the district administrator determines that the
790	790	patient or those relatives are liable for all or part of the costs
791	791	of the patient's care and treatment, the patient or those relatives
792	792	shall be ordered to pay to the district a specified amount each week
793	793	for the patient's care. The amount ordered must be proportionate to
794	794	the person's financial ability and may not exceed the usual and
795	795	customary charges for services rendered.
796	796	(d) The district administrator may collect the amount from
797	797	the estate of the patient, or the patient's relatives who are
798	798	legally liable for the patient's support, in the manner provided by
799	799	law for the collection of expenses of the last illness of a deceased
800	800	person.
801	801	(e) If there is a dispute as to the ability to pay, or doubt
802	802	in the mind of the district administrator, the county court shall
803	803	hold a hearing and, after calling witnesses, shall:
804	804	(1) resolve the dispute or doubt; and
805	805	(2) issue an appropriate order.
806	806	(f) Either party to the dispute may appeal the order to the
807	807	district court. (Acts 60th Leg., R.S., Ch. 674, Sec. 12.)
808	808	Sec. 1056.110. AUTHORITY TO SUE AND BE SUED. The board may
809	809	sue and be sued. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
810	810	[Sections 1056.111-1056.150 reserved for expansion]
811	811	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
812	812	Sec. 1056.151. BUDGET. (a) The district administrator,
813	813	under the direction of the board, shall prepare an annual budget.
814	814	(b) The budget must be approved by the board. (Acts 60th
815	815	Leg., R.S., Ch. 674, Sec. 6 (part).)
816	816	Sec. 1056.152. ANNUAL AUDIT. As soon as practicable after
817	817	the close of each fiscal year, the board shall have an audit made of
818	818	the district's books and records for the fiscal year by an
819	819	independent public accountant. (Acts 60th Leg., R.S., Ch. 674,
820	820	Sec. 4 (part).)
821	821	Sec. 1056.153. FINANCIAL REPORT. (a) As soon as
822	822	practicable after the close of each fiscal year, the district
823	823	administrator shall prepare a report that includes:
824	824	(1) a complete sworn statement of:
825	825	(A) all money and choses in action received by
826	826	the administrator; and
827	827	(B) how the money and choses in action were
828	828	disbursed or otherwise disposed; and
829	829	(2) the details of district operation during the
830	830	preceding fiscal year.
831	831	(b) The district administrator shall make the report to:
832	832	(1) the board; and
833	833	(2) the Martin County Commissioners Court. (Acts 60th
834	834	Leg., R.S., Ch. 674, Sec. 6 (part).)
835	835	Sec. 1056.154. DEPOSITORY. (a) Every two years, the board
836	836	shall select one or more depositories for the district in the manner
837	837	provided for securing county funds.
838	838	(b) All income received by the district shall be deposited
839	839	with a district depository. (Acts 60th Leg., R.S., Ch. 674, Secs.
840	840	8, 13 (part).)
841	841	[Sections 1056.155-1056.200 reserved for expansion]
842	842	SUBCHAPTER E. BONDS
843	843	Sec. 1056.201. BONDS. The board may issue and sell bonds as
844	844	district obligations for any purpose relating to:
845	845	(1) the purchase, construction, acquisition, repair,
846	846	or renovation of buildings or improvements; and
847	847	(2) equipping buildings and improvements for hospital
848	848	purposes. (Acts 60th Leg., R.S., Ch. 674, Sec. 14 (part).)
849	849	Sec. 1056.202. TAX TO PAY BONDS. (a) An ad valorem tax
850	850	shall be imposed at a rate sufficient to create an interest and
851	851	sinking fund to pay the principal of and interest on bonds issued
852	852	under Section 1056.201 as the bonds mature.
853	853	(b) The tax required by this section together with any other
854	854	ad valorem tax imposed for the district may not in any year exceed
855	855	75 cents on each $100 valuation of taxable property in the district.
856	856	(Acts 60th Leg., R.S., Ch. 674, Sec. 14 (part).)
857	857	Sec. 1056.203. BOND ELECTION. (a) The district may issue
858	858	bonds only if the bonds are authorized by a majority of the district
859	859	voters voting at an election held in accordance with the provisions
860	860	of Chapter 1251, Government Code, relating to county bonds.
861	861	(b) The board shall call the election. (Acts 60th Leg.,
862	862	R.S., Ch. 674, Sec. 14 (part).)
863	863	Sec. 1056.204. REFUNDING BONDS. (a) Refunding bonds may be
864	864	issued without an election and in the manner provided by this
865	865	subchapter to refund outstanding bonds issued or assumed by the
866	866	district.
867	867	(b) A refunding bond may be:
868	868	(1) sold, with the proceeds of the refunding bond
869	869	applied to the payment of the outstanding bonds; or
870	870	(2) exchanged wholly or partly for not less than a
871	871	similar amount of outstanding bonds and the matured but unpaid
872	872	interest on the bonds. (Acts 60th Leg., R.S., Ch. 674, Sec. 14
873	873	(part).)
874	874	Sec. 1056.205. EXECUTION OF BONDS. (a) The board's
875	875	presiding officer shall execute district bonds in the district's
876	876	name.
877	877	(b) The board secretary shall countersign the bonds. (Acts
878	878	60th Leg., R.S., Ch. 674, Sec. 14 (part).)
879	879	[Sections 1056.206-1056.250 reserved for expansion]
880	880	SUBCHAPTER F. TAXES
881	881	Sec. 1056.251. IMPOSITION OF AD VALOREM TAX. (a) The board
882	882	shall impose a tax on all property in the district subject to
883	883	district taxation.
884	884	(b) The board shall impose the tax to:
885	885	(1) pay the interest on and create a sinking fund for
886	886	bonds assumed or issued by the district for hospital purposes as
887	887	provided by this chapter;
888	888	(2) provide for the operation and maintenance of the
889	889	hospital or hospital system; and
890	890	(3) make improvements and additions to the hospital
891	891	system and acquire necessary sites for improvements and additions
892	892	by purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch.
893	893	674, Sec. 13 (part).)
894	894	Sec. 1056.252. TAX RATE. The board shall impose the tax at
895	895	a rate not to exceed 75 cents on each $100 valuation of taxable
896	896	property in the district. (Acts 60th Leg., R.S., Ch. 674, Sec. 13
897	897	(part).)
898	898	Sec. 1056.253. TAX ASSESSOR-COLLECTOR. (a) Except as
899	899	provided by Subsection (b), the Martin County tax
900	900	assessor-collector shall collect the taxes imposed on all property
901	901	subject to district taxation.
902	902	(b) The district may appoint its own tax
903	903	assessor-collector. (Acts 60th Leg., R.S., Ch. 674, Sec. 13
904	904	(part).)
905	905	CHAPTER 1061. MIDLAND COUNTY HOSPITAL DISTRICT OF
906	906	MIDLAND COUNTY, TEXAS
907	907	SUBCHAPTER A. GENERAL PROVISIONS
908	908	Sec. 1061.001. DEFINITIONS
909	909	Sec. 1061.002. AUTHORITY FOR CREATION
910	910	Sec. 1061.003. ESSENTIAL PUBLIC FUNCTION
911	911	Sec. 1061.004. DISTRICT TERRITORY
912	912	Sec. 1061.005. CORRECTION OF INVALID PROCEDURES
913	913	Sec. 1061.006. DISTRICT SUPPORT AND MAINTENANCE NOT
914	914	STATE OBLIGATION
915	915	Sec. 1061.007. RESTRICTION ON STATE FINANCIAL
916	916	ASSISTANCE
917	917	[Sections 1061.008-1061.050 reserved for expansion]
918	918	SUBCHAPTER B. DISTRICT ADMINISTRATION
919	919	Sec. 1061.051. BOARD ELECTION; TERM
920	920	Sec. 1061.052. ALTERNATIVE DIRECTOR ELECTION
921	921	Sec. 1061.053. NOTICE OF ELECTION
922	922	Sec. 1061.054. QUALIFICATIONS FOR OFFICE
923	923	Sec. 1061.055. BOARD VACANCY
924	924	Sec. 1061.056. OFFICERS
925	925	Sec. 1061.057. COMPENSATION; EXPENSES
926	926	Sec. 1061.058. VOTING REQUIREMENT
927	927	Sec. 1061.059. DISTRICT ADMINISTRATOR; ASSISTANT
928	928	ADMINISTRATOR
929	929	Sec. 1061.060. GENERAL DUTIES OF DISTRICT
930	930	ADMINISTRATOR
931	931	Sec. 1061.061. APPOINTMENT AND DISMISSAL OF STAFF AND
932	932	EMPLOYEES; CONTRACTS
933	933	Sec. 1061.062. RECRUITMENT OF MEDICAL STAFF AND
934	934	EMPLOYEES
935	935	Sec. 1061.063. SENIORITY; RETIREMENT BENEFITS
936	936	[Sections 1061.064-1061.100 reserved for expansion]
937	937	SUBCHAPTER C. POWERS AND DUTIES
938	938	Sec. 1061.101. DISTRICT RESPONSIBILITY
939	939	Sec. 1061.102. RESTRICTION ON POLITICAL SUBDIVISION
940	940	TAXATION AND DEBT
941	941	Sec. 1061.103. MANAGEMENT, CONTROL, AND
942	942	ADMINISTRATION; GENERAL BOARD POWER
943	943	Sec. 1061.104. HOSPITAL SYSTEM
944	944	Sec. 1061.105. RULES
945	945	Sec. 1061.106. PURCHASING AND ACCOUNTING PROCEDURES
946	946	Sec. 1061.107. AMBULANCE OR MOBILE EMERGENCY SERVICE
947	947	Sec. 1061.108. DISTRICT PROPERTY, FACILITIES, AND
948	948	EQUIPMENT
949	949	Sec. 1061.109. EMINENT DOMAIN
950	950	Sec. 1061.110. COST OF RELOCATING OR ALTERING PROPERTY
951	951	Sec. 1061.111. GIFTS AND ENDOWMENTS
952	952	Sec. 1061.112. CONSTRUCTION OR PURCHASE CONTRACTS
953	953	Sec. 1061.113. MANAGEMENT AGREEMENT; LIABILITY
954	954	Sec. 1061.114. CONTRACTS FOR HOSPITALIZATION,
955	955	TREATMENT, AND TRAINING
956	956	Sec. 1061.115. CONTRACT FOR INVESTIGATORY OR OTHER
957	957	SERVICES
958	958	Sec. 1061.116. CONTRACT FOR FACILITIES TO SUPPORT
959	959	SURGICAL RESIDENCY PROGRAM
960	960	Sec. 1061.117. PROVISION OF SERVICES OUTSIDE DISTRICT
961	961	Sec. 1061.118. PAYMENT FOR TREATMENT; PROCEDURES
962	962	Sec. 1061.119. REIMBURSEMENT FOR SERVICES TO
963	963	NONRESIDENTS
964	964	Sec. 1061.120. AUTHORITY TO SUE AND BE SUED
965	965	[Sections 1061.121-1061.150 reserved for expansion]
966	966	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
967	967	Sec. 1061.151. BUDGET
968	968	Sec. 1061.152. NOTICE; HEARING; ADOPTION OF BUDGET
969	969	Sec. 1061.153. AMENDMENTS TO BUDGET
970	970	Sec. 1061.154. RESTRICTION ON EXPENDITURES
971	971	Sec. 1061.155. FISCAL YEAR
972	972	Sec. 1061.156. AUDIT
973	973	Sec. 1061.157. INSPECTION OF AUDIT AND DISTRICT
974	974	RECORDS
975	975	Sec. 1061.158. FINANCIAL REPORT
976	976	Sec. 1061.159. DEPOSITORY
977	977	Sec. 1061.160. SPENDING AND INVESTMENT RESTRICTIONS
978	978	[Sections 1061.161-1061.200 reserved for expansion]
979	979	SUBCHAPTER E. BONDS
980	980	Sec. 1061.201. GENERAL OBLIGATION BONDS
981	981	Sec. 1061.202. TAX TO PAY GENERAL OBLIGATION BONDS
982	982	Sec. 1061.203. BOND ELECTION
983	983	Sec. 1061.204. REVENUE BONDS
984	984	Sec. 1061.205. PAYMENT OF REVENUE BONDS; SECURITY
985	985	Sec. 1061.206. USE OF REVENUE BOND PROCEEDS
986	986	Sec. 1061.207. CHARGE FOR OCCUPANCY OR USE OF HOSPITAL
987	987	FACILITY
988	988	Sec. 1061.208. REFUNDING BONDS
989	989	Sec. 1061.209. BONDS EXEMPT FROM TAXATION
990	990	[Sections 1061.210-1061.250 reserved for expansion]
991	991	SUBCHAPTER F. TAXES
992	992	Sec. 1061.251. IMPOSITION OF AD VALOREM TAX
993	993	Sec. 1061.252. TAX RATE
994	994	Sec. 1061.253. USE OF AD VALOREM TAXES FOR OPERATION
995	995	AND MAINTENANCE EXPENSES
996	996	Sec. 1061.254. ASSESSMENT AND COLLECTION BY COUNTY TAX
997	997	ASSESSOR-COLLECTOR
998	998	Sec. 1061.255. ASSESSMENT AND COLLECTION BY DISTRICT
999	999	TAX ASSESSOR-COLLECTOR
1000	1000	Sec. 1061.256. ASSESSMENT AND COLLECTION BY TAX
1001	1001	POLITICAL SUBDIVISION
1002	1002	CHAPTER 1061. MIDLAND COUNTY HOSPITAL DISTRICT OF
1003	1003	MIDLAND COUNTY, TEXAS
1004	1004	SUBCHAPTER A. GENERAL PROVISIONS
1005	1005	Sec. 1061.001. DEFINITIONS. In this chapter:
1006	1006	(1) "Board" means the board of directors of the
1007	1007	district.
1008	1008	(2) "Director" means a member of the board.
1009	1009	(3) "District" means the Midland County Hospital
1010	1010	District of Midland County, Texas. (New.)
1011	1011	Sec. 1061.002. AUTHORITY FOR CREATION. The Midland County
1012	1012	Hospital District of Midland County, Texas, is created under the
1013	1013	authority of Section 9, Article IX, Texas Constitution. (Acts 65th
1014	1014	Leg., R.S., Ch. 112, Sec. 1.)
1015	1015	Sec. 1061.003. ESSENTIAL PUBLIC FUNCTION. The district
1016	1016	performs an essential public function in carrying out the purposes
1017	1017	of this chapter. (Acts 65th Leg., R.S., Ch. 112, Sec. 23 (part).)
1018	1018	Sec. 1061.004. DISTRICT TERRITORY. The boundaries of the
1019	1019	district are coextensive with the boundaries of Midland County,
1020	1020	Texas, as the boundaries existed on May 4, 1977. (Acts 65th Leg.,
1021	1021	R.S., Ch. 112, Sec. 2.)
1022	1022	Sec. 1061.005. CORRECTION OF INVALID PROCEDURES. If a court
1023	1023	holds that any procedure under this chapter violates the
1024	1024	constitution of this state or of the United States, the district by
1025	1025	resolution may provide an alternative procedure that conforms with
1026	1026	the constitution. (Acts 65th Leg., R.S., Ch. 112, Sec. 24 (part).)
1027	1027	Sec. 1061.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
1028	1028	OBLIGATION. The support and maintenance of the district may not
1029	1029	become a charge against or obligation of this state. (Acts 65th
1030	1030	Leg., R.S., Ch. 112, Sec. 22 (part).)
1031	1031	Sec. 1061.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
1032	1032	The legislature may not make a direct appropriation for the
1033	1033	construction, maintenance, or improvement of a district facility.
1034	1034	(Acts 65th Leg., R.S., Ch. 112, Sec. 22 (part).)
1035	1035	[Sections 1061.008-1061.050 reserved for expansion]
1036	1036	SUBCHAPTER B. DISTRICT ADMINISTRATION
1037	1037	Sec. 1061.051. BOARD ELECTION; TERM. (a) The board is
1038	1038	governed by a board of seven directors elected from single-member
1039	1039	districts.
1040	1040	(b) Directors serve staggered four-year terms.
1041	1041	(c) An election of directors shall be held in each
1042	1042	even-numbered year on the November uniform election date under
1043	1043	Section 41.001, Election Code. (Acts 65th Leg., R.S., Ch. 112,
1044	1044	Secs. 5(a) (part), (g) as added Acts 72nd Leg., 3rd C.S., Ch. 4.)
1045	1045	Sec. 1061.052. ALTERNATIVE DIRECTOR ELECTION. (a) The
1046	1046	board on its own motion may order that not fewer than 50 percent of
1047	1047	the directors be elected from single-member districts with the
1048	1048	remaining directors elected from the district at large.
1049	1049	(b) Before entering an order under Subsection (a), the board
1050	1050	must:
1051	1051	(1) hold a public hearing at which registered district
1052	1052	voters may comment on whether they favor electing directors in the
1053	1053	manner proposed by the board; and
1054	1054	(2) publish notice of the hearing in a newspaper with
1055	1055	general circulation in the district not later than the seventh day
1056	1056	before the date of the hearing.
1057	1057	(c) An order adopted under Subsection (a) must be entered
1058	1058	not later than the 120th day before the date of the first election
1059	1059	at which directors are elected in the manner provided by the order.
1060	1060	Not later than the 90th day before the date of the first election at
1061	1061	which directors are elected in the manner provided by the order, the
1062	1062	board shall:
1063	1063	(1) divide the district into the appropriate number of
1064	1064	single-member districts, based on the number of directors to be
1065	1065	elected from the single-member districts and number each
1066	1066	single-member district; and
1067	1067	(2) determine by lot the order in which the positions
1068	1068	will be filled.
1069	1069	(d) The single-member districts must be:
1070	1070	(1) compact and contiguous; and
1071	1071	(2) as nearly as practicable of equal population
1072	1072	according to the most recent federal census.
1073	1073	(e) If the data from the most recent federal census
1074	1074	indicates that the population of the most populous single-member
1075	1075	district exceeds the population of the least populous single-member
1076	1076	district by more than 10 percent, the board shall redivide the
1077	1077	hospital district into the appropriate number of single-member
1078	1078	districts not later than the 90th day before the date of the first
1079	1079	regular election at which directors may officially recognize and
1080	1080	act on the census. Redivision of the district must be in the manner
1081	1081	provided for division of the district under this section.
1082	1082	(f) If the district adopts a redistricting plan under this
1083	1083	section, the board may provide in the plan for the directors in
1084	1084	office to serve at large for the remainder of their terms. The
1085	1085	single-member district and at-large positions provided by the
1086	1086	district's plan shall be filled as the staggered terms of incumbent
1087	1087	directors expire. (Acts 65th Leg., R.S., Ch. 112, Secs. 5(a)
1088	1088	(part), (b) (part).)
1089	1089	Sec. 1061.053. NOTICE OF ELECTION. At least 10 days before
1090	1090	the date of an election of directors, notice of the election shall
1091	1091	be published one time in a newspaper of general circulation in
1092	1092	Midland County. (Acts 65th Leg., R.S., Ch. 112, Sec. 5(f) (part).)
1093	1093	Sec. 1061.054. QUALIFICATIONS FOR OFFICE. (a) A person may
1094	1094	not be elected or appointed as a director unless the person is:
1095	1095	(1) a resident of the district; and
1096	1096	(2) more than 18 years of age when elected or
1097	1097	appointed.
1098	1098	(b) A person who is elected from a single-member district or
1099	1099	is appointed to fill a vacancy for a single-member district must
1100	1100	reside in that single-member district. (Acts 65th Leg., R.S., Ch.
1101	1101	112, Secs. 5(b) (part), (d).)
1102	1102	Sec. 1061.055. BOARD VACANCY. (a) If a vacancy occurs in
1103	1103	the office of director, the remaining directors shall appoint a
1104	1104	director for the unexpired term.
1105	1105	(b) If the number of directors is reduced to fewer than
1106	1106	four, the remaining directors shall immediately call a special
1107	1107	election to fill the vacancies. If the remaining directors do not
1108	1108	call the election, a district court, on application of a district
1109	1109	voter or taxpayer, shall order the election. (Acts 65th Leg., R.S.,
1110	1110	Ch. 112, Sec. 5(e) (part).)
1111	1111	Sec. 1061.056. OFFICERS. (a) The board shall elect:
1112	1112	(1) a president and a vice president from among its
1113	1113	members; and
1114	1114	(2) a secretary, who need not be a director.
1115	1115	(b) Each officer of the board serves for a term of one year.
1116	1116	(c) The board by vote shall fill a vacancy in a board office
1117	1117	for the unexpired term. (Acts 65th Leg., R.S., Ch. 112, Sec. 5(e)
1118	1118	(part).)
1119	1119	Sec. 1061.057. COMPENSATION; EXPENSES. A director or
1120	1120	officer serves without compensation but may be reimbursed for
1121	1121	actual expenses incurred in the performance of official duties.
1122	1122	The expenses must be:
1123	1123	(1) reported in the district's records; and
1124	1124	(2) approved by the board. (Acts 65th Leg., R.S., Ch.
1125	1125	112, Sec. 5(g).)
1126	1126	Sec. 1061.058. VOTING REQUIREMENT. A concurrence of four
1127	1127	directors is sufficient in any matter relating to district
1128	1128	business. (Acts 65th Leg., R.S., Ch. 112, Sec. 5(e) (part).)
1129	1129	Sec. 1061.059. DISTRICT ADMINISTRATOR; ASSISTANT
1130	1130	ADMINISTRATOR. (a) The board may appoint a qualified person as
1131	1131	district administrator.
1132	1132	(b) The board may appoint assistant administrators.
1133	1133	(c) The district administrator and any assistant
1134	1134	administrator serve at the will of the board and are entitled to the
1135	1135	compensation determined by the board.
1136	1136	(d) On assuming the duties of district administrator, the
1137	1137	administrator shall execute a bond payable to the district in an
1138	1138	amount set by the board of not less than $10,000 that:
1139	1139	(1) is conditioned on the administrator performing the
1140	1140	administrator's duties; and
1141	1141	(2) contains other conditions the board may require.
1142	1142	(Acts 65th Leg., R.S., Ch. 112, Sec. 6 (part).)
1143	1143	Sec. 1061.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
1144	1144	Subject to the limitations prescribed by the board, the district
1145	1145	administrator shall:
1146	1146	(1) supervise the work and activities of the district;
1147	1147	and
1148	1148	(2) direct the affairs of the district. (Acts 65th
1149	1149	Leg., R.S., Ch. 112, Sec. 6 (part).)
1150	1150	Sec. 1061.061. APPOINTMENT AND DISMISSAL OF STAFF AND
1151	1151	EMPLOYEES; CONTRACTS. (a) The board may appoint to or dismiss from
1152	1152	the staff any doctors the board considers necessary for the
1153	1153	efficient operation of the district and may make temporary
1154	1154	appointments as necessary.
1155	1155	(b) The district may employ fiscal agents, accountants,
1156	1156	architects, and attorneys the board considers proper.
1157	1157	(c) The board may delegate to the district administrator the
1158	1158	authority to hire or contract with technicians, nurses, and other
1159	1159	persons or district employees as the administrator considers
1160	1160	advisable. (Acts 65th Leg., R.S., Ch. 112, Secs. 6 (part), 18.)
1161	1161	Sec. 1061.062. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
1162	1162	The board may spend district money, enter into agreements, and take
1163	1163	other necessary action to recruit or otherwise obtain physicians
1164	1164	and other personnel for the district's medical staff or for
1165	1165	employment with the hospital or hospital system, including medical
1166	1166	facilities or other health facilities owned or operated by the
1167	1167	district. The actions may include:
1168	1168	(1) advertising and marketing;
1169	1169	(2) paying recruitment expenses;
1170	1170	(3) paying travel and relocation expenses; and
1171	1171	(4) providing a subsidy or scholarship. (Acts 65th
1172	1172	Leg., R.S., Ch. 112, Sec. 6 (part).)
1173	1173	Sec. 1061.063. SENIORITY; RETIREMENT BENEFITS. (a) The
1174	1174	board may:
1175	1175	(1) adopt rules relating to the seniority of district
1176	1176	employees; and
1177	1177	(2) establish or administer a retirement program or
1178	1178	elect to participate in any statewide retirement program in which
1179	1179	the district is eligible to participate.
1180	1180	(b) The district may give effect to previous years of
1181	1181	service for district employees continuously employed in the
1182	1182	operation or management of the hospital facilities acquired from
1183	1183	Midland Memorial Foundation when the district was created. (Acts
1184	1184	65th Leg., R.S., Ch. 112, Sec. 6 (part).)
1185	1185	[Sections 1061.064-1061.100 reserved for expansion]
1186	1186	SUBCHAPTER C. POWERS AND DUTIES
1187	1187	Sec. 1061.101. DISTRICT RESPONSIBILITY. (a) The district
1188	1188	has full responsibility for providing hospital care for the
1189	1189	district's indigent residents.
1190	1190	(b) The district shall provide all necessary hospital and
1191	1191	medical care for the district's needy inhabitants. (Acts 65th
1192	1192	Leg., R.S., Ch. 112, Secs. 3(a) (part), 21 (part).)
1193	1193	Sec. 1061.102. RESTRICTION ON POLITICAL SUBDIVISION
1194	1194	TAXATION AND DEBT. A political subdivision of this state, other
1195	1195	than the district, may not impose a tax or issue bonds or other
1196	1196	obligations for hospital purposes or to provide medical care in the
1197	1197	district. (Acts 65th Leg., R.S., Ch. 112, Secs. 3(a) (part), 21
1198	1198	(part).)
1199	1199	Sec. 1061.103. MANAGEMENT, CONTROL, AND ADMINISTRATION;
1200	1200	GENERAL BOARD POWER. (a) The board shall manage, control, and
1201	1201	administer the district's hospital or hospital system and the
1202	1202	district's money and resources.
1203	1203	(b) The board may exercise any power provided by this
1204	1204	chapter unless the board enters into a management contract under
1205	1205	Section 1061.113 that provides the power is exercised in accordance
1206	1206	with the contract. (Acts 65th Leg., R.S., Ch. 112, Sec. 6 (part).)
1207	1207	Sec. 1061.104. HOSPITAL SYSTEM. (a) The district has the
1208	1208	responsibility to establish a hospital or hospital system,
1209	1209	including medical facilities and other health facilities, within
1210	1210	its boundaries to provide hospital and medical care to the
1211	1211	district's residents.
1212	1212	(b) The district shall provide for:
1213	1213	(1) the establishment of a hospital system by:
1214	1214	(A) purchasing, constructing, acquiring,
1215	1215	repairing, or renovating buildings and equipment; and
1216	1216	(B) equipping the buildings; and
1217	1217	(2) the administration of buildings and equipment for
1218	1218	hospital and medical care purposes.
1219	1219	(c) The hospital system may include:
1220	1220	(1) facilities for domiciliary care of the sick,
1221	1221	injured, or geriatric;
1222	1222	(2) outpatient clinics;
1223	1223	(3) dispensaries;
1224	1224	(4) convalescent home facilities;
1225	1225	(5) necessary nurses' domiciliaries;
1226	1226	(6) training centers;
1227	1227	(7) training facilities for doctors and nurses and for
1228	1228	other health care disciplines;
1229	1229	(8) blood banks;
1230	1230	(9) community mental health centers;
1231	1231	(10) research centers or laboratories;
1232	1232	(11) parking; and
1233	1233	(12) any other facilities the board considers
1234	1234	necessary for a hospital or hospital system and a medical facility
1235	1235	or other health facility included in the hospital or hospital
1236	1236	system. (Acts 65th Leg., R.S., Ch. 112, Secs. 3(a) (part), (b)
1237	1237	(part), 11(a) (part).)
1238	1238	Sec. 1061.105. RULES. The board may adopt rules governing
1239	1239	the operation of the hospital, the hospital system, and the
1240	1240	district's staff and employees. (Acts 65th Leg., R.S., Ch. 112,
1241	1241	Sec. 6 (part).)
1242	1242	Sec. 1061.106. PURCHASING AND ACCOUNTING PROCEDURES. (a)
1243	1243	The board may prescribe:
1244	1244	(1) the method and manner of making purchases and
1245	1245	expenditures by and for the district; and
1246	1246	(2) all accounting and control procedures.
1247	1247	(b) The board by resolution may delegate a power described
1248	1248	by Subsection (a) to:
1249	1249	(1) the Midland Memorial Foundation or its successors;
1250	1250	or
1251	1251	(2) a person who enters into an operating or
1252	1252	management agreement with the district to exercise the power.
1253	1253	(Acts 65th Leg., R.S., Ch. 112, Sec. 12 (part).)
1254	1254	Sec. 1061.107. AMBULANCE OR MOBILE EMERGENCY SERVICE. The
1255	1255	district may operate or provide for the operation of an ambulance or
1256	1256	mobile emergency service. (Acts 65th Leg., R.S., Ch. 112, Sec. 6
1257	1257	(part).)
1258	1258	Sec. 1061.108. DISTRICT PROPERTY, FACILITIES, AND
1259	1259	EQUIPMENT. (a) The board shall determine the type, number, and
1260	1260	location of buildings and property required to maintain an adequate
1261	1261	hospital system.
1262	1262	(b) The board may lease property, including facilities and
1263	1263	equipment, and may enter into a lease of all or part of the
1264	1264	district's buildings or other facilities with any person on terms
1265	1265	considered to be in the best interest of the district. The term of
1266	1266	the lease may not exceed 40 years.
1267	1267	(c) The district may acquire equipment for use in the
1268	1268	district's hospital system, including medical and health
1269	1269	facilities, and mortgage or pledge the property as security for the
1270	1270	payment of the purchase price. A contract entered into under this
1271	1271	subsection must provide that the entire obligation be retired not
1272	1272	later than the fifth anniversary of the date of the contract.
1273	1273	(d) The board on behalf of the district may hold, construct,
1274	1274	condemn, purchase, acquire, lease, add to, maintain, operate,
1275	1275	regulate, sell, convey, or otherwise dispose of any type of
1276	1276	property, including land or equipment, or a property right,
1277	1277	hospital facility, or hospital system on terms the board finds are
1278	1278	in the best interest of the district's inhabitants.
1279	1279	(e) The board may donate to another governmental entity or
1280	1280	to a charitable organization any surplus personal property or
1281	1281	equipment if the donation serves a public purpose and is
1282	1282	accompanied by adequate consideration. (Acts 65th Leg., R.S., Ch.
1283	1283	112, Secs. 11(a) (part), (b), 12 (part).)
1284	1284	Sec. 1061.109. EMINENT DOMAIN. (a) The district may
1285	1285	exercise the power of eminent domain to acquire a fee simple or
1286	1286	other interest in any type of property located in district
1287	1287	territory if the interest is necessary or convenient for the
1288	1288	district to exercise a power, right, or privilege conferred by this
1289	1289	chapter.
1290	1290	(b) The district must exercise the power of eminent domain
1291	1291	in the manner provided by Chapter 21, Property Code, except the
1292	1292	district is not required to deposit in the trial court money or a
1293	1293	bond as provided by Section 21.021(a), Property Code.
1294	1294	(c) In a condemnation proceeding brought by the district,
1295	1295	the district is not required to:
1296	1296	(1) pay in advance or provide a bond or other security
1297	1297	for costs in the trial court;
1298	1298	(2) provide a bond for the issuance of a temporary
1299	1299	restraining order or a temporary injunction; or
1300	1300	(3) provide a bond for costs or a supersedeas bond on
1301	1301	an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 112,
1302	1302	Sec. 16(a).)
1303	1303	Sec. 1061.110. COST OF RELOCATING OR ALTERING PROPERTY. In
1304	1304	exercising the power of eminent domain, if the board requires
1305	1305	relocating, raising, lowering, rerouting, changing the grade of, or
1306	1306	altering the construction of any railroad, electric transmission,
1307	1307	telegraph or telephone line, conduit, pole, or facility, or
1308	1308	pipeline, the district must bear the actual cost of relocating,
1309	1309	raising, lowering, rerouting, changing the grade, or altering the
1310	1310	construction to provide comparable replacement, without
1311	1311	enhancement of facilities, after deducting the net salvage value
1312	1312	derived from the old facility. (Acts 65th Leg., R.S., Ch. 112, Sec.
1313	1313	16(b).)
1314	1314	Sec. 1061.111. GIFTS AND ENDOWMENTS. The board may accept
1315	1315	for the district a gift or endowment to be held in trust and
1316	1316	administered by the board for the purposes and under the
1317	1317	directions, limitations, or other provisions prescribed in writing
1318	1318	by the donor that are not inconsistent with the proper management
1319	1319	and objectives of the district. (Acts 65th Leg., R.S., Ch. 112,
1320	1320	Sec. 20.)
1321	1321	Sec. 1061.112. CONSTRUCTION OR PURCHASE CONTRACTS. A
1322	1322	construction or purchase contract that involves the expenditure of
1323	1323	more than $25,000 may be made only after advertising in the manner
1324	1324	provided by Chapter 252, Local Government Code. (Acts 65th Leg.,
1325	1325	R.S., Ch. 112, Sec. 12 (part).)
1326	1326	Sec. 1061.113. MANAGEMENT AGREEMENT; LIABILITY. (a) The
1327	1327	board may enter into a management agreement with any person,
1328	1328	including the Midland Memorial Foundation or its successors, for
1329	1329	the management and operation of any hospital or part of a hospital
1330	1330	owned by the district, under terms satisfactory to the board and the
1331	1331	person.
1332	1332	(b) An agreement under Subsection (a) may be for a term not
1333	1333	to exceed 10 years, with renewal options as considered advisable.
1334	1334	(c) A nonprofit corporation that manages a hospital or
1335	1335	provides services under a contract with the district under this
1336	1336	chapter and any corporation employee are district employees for
1337	1337	purposes of Chapters 101 and 102, Civil Practice and Remedies Code,
1338	1338	while performing services under the contract for the benefit of the
1339	1339	district. (Acts 65th Leg., R.S., Ch. 112, Sec. 7.)
1340	1340	Sec. 1061.114. CONTRACTS FOR HOSPITALIZATION, TREATMENT,
1341	1341	AND TRAINING. (a) The board may contract with any person located
1342	1342	inside or outside the district's boundaries for the hospitalization
1343	1343	and treatment of a sick or injured person.
1344	1344	(b) The district may contract with any person located inside
1345	1345	or outside the district's boundaries for services provided by the
1346	1346	district, including:
1347	1347	(1) the promotion of health;
1348	1348	(2) hospital treatment of a sick or injured person;
1349	1349	and
1350	1350	(3) the training of doctors and nurses and the
1351	1351	provision of training in health care disciplines. (Acts 65th Leg.,
1352	1352	R.S., Ch. 112, Sec. 6 (part).)
1353	1353	Sec. 1061.115. CONTRACT FOR INVESTIGATORY OR OTHER
1354	1354	SERVICES. The board may contract with any person for the district to
1355	1355	provide investigatory or other services for the medical, hospital,
1356	1356	or welfare needs of district inhabitants. (Acts 65th Leg., R.S.,
1357	1357	Ch. 112, Sec. 6 (part).)
1358	1358	Sec. 1061.116. CONTRACT FOR FACILITIES TO SUPPORT SURGICAL
1359	1359	RESIDENCY PROGRAM. (a) The board may contract with a state agency or
1360	1360	public medical school, including the Texas Tech University Health
1361	1361	Sciences Center, for the improvement and equipping of hospital
1362	1362	facilities as necessary to support a surgical residency program.
1363	1363	(b) Notwithstanding other law, the state agency or medical
1364	1364	school may enter into an agreement described by Subsection (a) and
1365	1365	spend appropriated funds for that purpose. (Acts 65th Leg., R.S.,
1366	1366	Ch. 112, Sec. 6A.)
1367	1367	Sec. 1061.117. PROVISION OF SERVICES OUTSIDE DISTRICT. The
1368	1368	district may provide primary care, emergency services, preventive
1369	1369	medical services, and other health-related services outside the
1370	1370	district, provided that the services serve the purpose of the
1371	1371	district as established by this chapter. (Acts 65th Leg., R.S., Ch.
1372	1372	112, Sec. 3(a) (part).)
1373	1373	Sec. 1061.118. PAYMENT FOR TREATMENT; PROCEDURES. (a) When
1374	1374	a patient who resides in the district is admitted to a district
1375	1375	facility, the district administrator may have an inquiry made into
1376	1376	the financial circumstances of:
1377	1377	(1) the patient; and
1378	1378	(2) the patient's relatives who are legally liable for
1379	1379	the patient's support.
1380	1380	(b) If the district administrator determines that the
1381	1381	patient or those relatives cannot pay all or part of the costs of
1382	1382	the care and treatment in the hospital, the amount of the costs that
1383	1383	cannot be paid becomes a charge against the district.
1384	1384	(c) If the district administrator determines that the
1385	1385	patient or those relatives can pay for all or part of the patient's
1386	1386	care and treatment, the patient or those relatives shall be ordered
1387	1387	to pay the district a specified amount each week for the patient's
1388	1388	care and support. The amount ordered must be proportionate to the
1389	1389	person's financial ability.
1390	1390	(d) The district administrator may collect the amount from
1391	1391	the patient's estate, or from any relative who is legally liable for
1392	1392	the patient's support, in the manner provided by law for the
1393	1393	collection of expenses of the last illness of a deceased person.
1394	1394	(e) If there is a dispute as to the ability to pay, or doubt
1395	1395	in the mind of the district administrator, the board shall hear and
1396	1396	determine the issue, after calling witnesses.
1397	1397	(f) The final order of the board may be appealed to the
1398	1398	district court. The substantial evidence rule applies to the
1399	1399	appeal. (Acts 65th Leg., R.S., Ch. 112, Sec. 19 (part).)
1400	1400	Sec. 1061.119. REIMBURSEMENT FOR SERVICES TO NONRESIDENTS.
1401	1401	If a welfare patient, who is not a district resident, is admitted to
1402	1402	a district facility, the district may:
1403	1403	(1) seek reimbursement from the patient's county of
1404	1404	residence; and
1405	1405	(2) sue for reimbursement. (Acts 65th Leg., R.S., Ch.
1406	1406	112, Sec. 19 (part).)
1407	1407	Sec. 1061.120. AUTHORITY TO SUE AND BE SUED. The district,
1408	1408	through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
1409	1409	112, Sec. 6 (part).)
1410	1410	[Sections 1061.121-1061.150 reserved for expansion]
1411	1411	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1412	1412	Sec. 1061.151. BUDGET. (a) Unless otherwise provided in a
1413	1413	management agreement, the district administrator shall prepare an
1414	1414	annual budget for approval by the board.
1415	1415	(b) The proposed budget must contain a complete financial
1416	1416	statement of:
1417	1417	(1) the outstanding obligations of the district;
1418	1418	(2) the cash on hand in each district fund;
1419	1419	(3) the money received by the district from all
1420	1420	sources during the previous year;
1421	1421	(4) the money available to the district from all
1422	1422	sources during the ensuing year;
1423	1423	(5) the balances expected at the end of the year in
1424	1424	which the budget is being prepared;
1425	1425	(6) the estimated revenue and balances available to
1426	1426	cover the proposed budget;
1427	1427	(7) the estimated tax rate required; and
1428	1428	(8) the proposed expenditures and disbursements and
1429	1429	the estimated receipts and collections for the following fiscal
1430	1430	year.
1431	1431	(c) The board shall provide in each annual budget for the
1432	1432	payment of all operation and maintenance expenses of the district.
1433	1433	(d) In preparing the budget, the board may consider the
1434	1434	estimated excess revenue and income from hospital facilities
1435	1435	available for paying the operation and maintenance expenses after
1436	1436	providing for the payment of revenue bonds issued by the district.
1437	1437	(Acts 65th Leg., R.S., Ch. 112, Secs. 8 (part), 10 (part).)
1438	1438	Sec. 1061.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
1439	1439	The board shall hold a public hearing on the proposed annual budget.
1440	1440	(b) At least 10 days before the date of the hearing, notice
1441	1441	of the hearing shall be published one time in a newspaper or
1442	1442	newspapers that individually or collectively have general
1443	1443	circulation in the district.
1444	1444	(c) Any property taxpayer of the district is entitled to be
1445	1445	present and participate at the hearing.
1446	1446	(d) At the conclusion of the hearing, the board shall adopt
1447	1447	a budget by acting on the budget proposed by the district
1448	1448	administrator. The board may make any changes in the proposed
1449	1449	budget that the board judges to be in the interest of the taxpayers
1450	1450	and that the law warrants. (Acts 65th Leg., R.S., Ch. 112, Sec. 8
1451	1451	(part).)
1452	1452	Sec. 1061.153. AMENDMENTS TO BUDGET. The budget may be
1453	1453	amended as required by circumstances. The board must approve all
1454	1454	amendments. (Acts 65th Leg., R.S., Ch. 112, Sec. 8 (part).)
1455	1455	Sec. 1061.154. RESTRICTION ON EXPENDITURES. Money may be
1456	1456	spent only for an expense included in the budget or an amendment to
1457	1457	the budget. (Acts 65th Leg., R.S., Ch. 112, Sec. 8 (part).)
1458	1458	Sec. 1061.155. FISCAL YEAR. The district operates
1459	1459	according to a fiscal year that begins on October 1 and ends on
1460	1460	September 30. The board may change the fiscal year. (Acts 65th
1461	1461	Leg., R.S., Ch. 112, Sec. 8 (part).)
1462	1462	Sec. 1061.156. AUDIT. The board shall have an independent
1463	1463	audit made of the district's financial condition for each fiscal
1464	1464	year. (Acts 65th Leg., R.S., Ch. 112, Sec. 8 (part).)
1465	1465	Sec. 1061.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
1466	1466	The audit and other district records shall be open to inspection at
1467	1467	the district's principal office. (Acts 65th Leg., R.S., Ch. 112,
1468	1468	Sec. 8 (part).)
1469	1469	Sec. 1061.158. FINANCIAL REPORT. As soon as practicable
1470	1470	after the close of each fiscal year, the district administrator or
1471	1471	the managing entity of the hospital shall prepare for the board:
1472	1472	(1) a complete sworn statement of all district money;
1473	1473	and
1474	1474	(2) a complete account of the disbursements of that
1475	1475	money. (Acts 65th Leg., R.S., Ch. 112, Sec. 8 (part).)
1476	1476	Sec. 1061.159. DEPOSITORY. (a) The board shall select one
1477	1477	or more banks in the district to serve as a depository for district
1478	1478	money. A selected bank serves for four years. Bids shall be
1479	1479	received for a depository contract after notice is published one
1480	1480	time in a newspaper of general circulation in the district 20 days
1481	1481	before the date to open the bids. The district shall award the
1482	1482	depository contract to the bank or banks offering the most
1483	1483	favorable terms for handling the district's money.
1484	1484	(b) District money, other than money invested as provided by
1485	1485	Section 1061.160(b) and money transmitted to a bank for payment of
1486	1486	bonds or obligations issued by the district, shall be deposited as
1487	1487	received with the depository bank and shall remain on deposit.
1488	1488	(c) This chapter, including Subsection (b), does not limit
1489	1489	the power of the board to place a part of district money on time
1490	1490	deposit or to purchase certificates of deposit.
1491	1491	(d) The district may not deposit money with a bank in an
1492	1492	amount that exceeds the maximum amount secured by the Federal
1493	1493	Deposit Insurance Corporation unless the bank first executes a bond
1494	1494	or other security or pledges security as required for county
1495	1495	depositories in an amount sufficient to secure from loss the
1496	1496	district money that exceeds the amount secured by the Federal
1497	1497	Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch. 112,
1498	1498	Sec. 13.)
1499	1499	Sec. 1061.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
1500	1500	Except as otherwise provided by Section 1061.108(c) and by
1501	1501	Subchapter E, the district may not incur an obligation payable from
1502	1502	district revenue other than the revenue on hand or to be on hand in
1503	1503	the current and following district fiscal years.
1504	1504	(b) The board may invest operating, depreciation, or
1505	1505	building reserves only in funds or securities specified by Chapter
1506	1506	2256, Government Code. (Acts 65th Leg., R.S., Ch. 112, Secs. 6
1507	1507	(part), 12 (part).)
1508	1508	[Sections 1061.161-1061.200 reserved for expansion]
1509	1509	SUBCHAPTER E. BONDS
1510	1510	Sec. 1061.201. GENERAL OBLIGATION BONDS. The board may
1511	1511	issue and sell general obligation bonds in the name and on the full
1512	1512	faith and credit of the district for:
1513	1513	(1) the purchase, construction, acquisition, repair,
1514	1514	or renovation of buildings or improvements; and
1515	1515	(2) equipping buildings or improvements for hospital
1516	1516	purposes. (Acts 65th Leg., R.S., Ch. 112, Sec. 9(a) (part).)
1517	1517	Sec. 1061.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
1518	1518	the time general obligation bonds are issued by the district under
1519	1519	Section 1061.201, the board shall impose an ad valorem tax at a rate
1520	1520	sufficient to create an interest and sinking fund to pay the
1521	1521	principal of and interest on the bonds as the bonds mature.
1522	1522	(b) The tax required by this section together with any other
1523	1523	ad valorem tax the district imposes may not in any year exceed the
1524	1524	tax rate approved by the voters at the election authorizing the
1525	1525	imposition of the tax. (Acts 65th Leg., R.S., Ch. 112, Sec. 9(a)
1526	1526	(part).)
1527	1527	Sec. 1061.203. BOND ELECTION. (a) The district may issue
1528	1528	tax bonds only if the bonds are authorized by a majority of the
1529	1529	district voters voting at an election held for that purpose.
1530	1530	(b) The order calling the election shall provide for clerks
1531	1531	as in county elections and must specify:
1532	1532	(1) the date of the election;
1533	1533	(2) the location of the polling places;
1534	1534	(3) the presiding and alternate presiding judges for
1535	1535	each polling place;
1536	1536	(4) the amount of the bonds to be authorized; and
1537	1537	(5) the maximum maturity date of the bonds.
1538	1538	(c) Notice of a bond election shall be given as provided by
1539	1539	Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 112,
1540	1540	Sec. 9(a) (part).)
1541	1541	Sec. 1061.204. REVENUE BONDS. (a) The board may issue
1542	1542	revenue bonds for the purchase, construction, acquisition, and
1543	1543	repair or renovation of buildings and improvements, and equipping
1544	1544	any hospital facilities, including facilities for parking, and the
1545	1545	training of doctors, nurses, and health care disciplines, and to
1546	1546	acquire any real or personal property in connection with the
1547	1547	hospital facilities.
1548	1548	(b) A revenue bond issued under this section must mature not
1549	1549	later than 40 years after the date of issuance.
1550	1550	(c) The board may provide for the subsequent issuance of
1551	1551	additional parity bonds, subordinate lien bonds, or other types of
1552	1552	bonds under terms prescribed in the order authorizing the issuance
1553	1553	of revenue bonds. (Acts 65th Leg., R.S., Ch. 112, Sec. 10 (part).)
1554	1554	Sec. 1061.205. PAYMENT OF REVENUE BONDS; SECURITY. (a)
1555	1555	Revenue bonds issued under Section 1061.204 must be payable from
1556	1556	and secured by liens on and pledges of all or any part of the revenue
1557	1557	and income, other than ad valorem taxes, derived by the district
1558	1558	from the operation of district facilities, the ownership of
1559	1559	district facilities, or both. The board may pledge to the payment
1560	1560	of revenue bonds all or any part of a grant, donation, or income
1561	1561	received or to be received from the United States or any other
1562	1562	public or private source under an agreement or otherwise.
1563	1563	(b) The bonds may be additionally secured by a mortgage or
1564	1564	deed of trust on any real property on which a district hospital
1565	1565	facility is or will be located and any real or personal property
1566	1566	incident or appurtenant to the facility. The board may authorize
1567	1567	the execution and delivery of a trust indenture, mortgage, deed of
1568	1568	trust, or other form of encumbrance to evidence the security
1569	1569	interest. (Acts 65th Leg., R.S., Ch. 112, Sec. 10 (part).)
1570	1570	Sec. 1061.206. USE OF REVENUE BOND PROCEEDS. (a) If
1571	1571	permitted in the bond order, any required part of the proceeds from
1572	1572	the sale of the revenue bonds may be used to:
1573	1573	(1) pay interest on the bonds during the period of the
1574	1574	construction of a hospital facility to be provided through the
1575	1575	issuance of the bonds;
1576	1576	(2) pay operation and maintenance expenses of the
1577	1577	facility to the extent and for the time specified in the bond order;
1578	1578	and
1579	1579	(3) create reserves for the payment of the principal
1580	1580	of and interest on the bonds.
1581	1581	(b) The bond proceeds may be invested until needed to the
1582	1582	extent and in the manner provided by the bond order. (Acts 65th
1583	1583	Leg., R.S., Ch. 112, Sec. 10 (part).)
1584	1584	Sec. 1061.207. CHARGE FOR OCCUPANCY OR USE OF HOSPITAL
1585	1585	FACILITY. The board may establish and collect charges for the
1586	1586	occupancy or use of a hospital facility and for related services in
1587	1587	the amounts and manner determined by the board. The charges shall
1588	1588	be set and collected in amounts at least sufficient with any other
1589	1589	pledged resources to pay:
1590	1590	(1) the principal of, interest on, and any other
1591	1591	amounts required in relation to bonds issued by the district; and
1592	1592	(2) to the extent required by the bond order, all or
1593	1593	any part of the operation, maintenance, and other expenses of the
1594	1594	hospital facility. (Acts 65th Leg., R.S., Ch. 112, Sec. 10 (part).)
1595	1595	Sec. 1061.208. REFUNDING BONDS. (a) The board may, without
1596	1596	an election, issue refunding bonds to refund outstanding
1597	1597	indebtedness issued or assumed by the district.
1598	1598	(b) Refunding bonds may be:
1599	1599	(1) sold, with the proceeds of the refunding bonds
1600	1600	applied to the payment of the outstanding indebtedness; or
1601	1601	(2) exchanged wholly or partly for not less than a like
1602	1602	principal amount of outstanding indebtedness. (Acts 65th Leg.,
1603	1603	R.S., Ch. 112, Secs. 9(a) (part), (c) (part), 10 (part).)
1604	1604	Sec. 1061.209. BONDS EXEMPT FROM TAXATION. The following
1605	1605	are exempt from taxation by this state or a political subdivision:
1606	1606	(1) bonds issued or assumed by the district;
1607	1607	(2) the transfer and issuance of the bonds; and
1608	1608	(3) profits made in the sale of the bonds. (Acts 65th
1609	1609	Leg., R.S., Ch. 112, Sec. 23 (part).)
1610	1610	[Sections 1061.210-1061.250 reserved for expansion]
1611	1611	SUBCHAPTER F. TAXES
1612	1612	Sec. 1061.251. IMPOSITION OF AD VALOREM TAX. (a) The board
1613	1613	shall impose a tax on all property in the district subject to
1614	1614	district taxation.
1615	1615	(b) The board shall impose the tax to:
1616	1616	(1) pay the indebtedness issued or assumed by the
1617	1617	district;
1618	1618	(2) provide for the operation and maintenance of the
1619	1619	district and hospital system;
1620	1620	(3) make improvements and additions to the hospital
1621	1621	system; and
1622	1622	(4) acquire necessary sites for the improvements and
1623	1623	additions by purchase, lease, or condemnation.
1624	1624	(c) The board may not impose a tax to pay the principal of or
1625	1625	interest on revenue bonds. (Acts 65th Leg., R.S., Ch. 112, Secs.
1626	1626	4(b) (part), 10 (part), 14(a) (part).)
1627	1627	Sec. 1061.252. TAX RATE. (a) The board may impose the tax
1628	1628	at a rate not to exceed 75 cents on each $100 valuation of taxable
1629	1629	property in the district.
1630	1630	(b) In setting the tax rate, the board shall consider the
1631	1631	income of the district from sources other than taxation. (Acts 65th
1632	1632	Leg., R.S., Ch. 112, Secs. 4(b) (part), 14(a) (part), (b) (part).)
1633	1633	Sec. 1061.253. USE OF AD VALOREM TAXES FOR OPERATION AND
1634	1634	MAINTENANCE EXPENSES. (a) If the board issues revenue bonds under
1635	1635	Section 1061.204, the board:
1636	1636	(1) shall use ad valorem taxes to pay the district's
1637	1637	operation and maintenance expenses to the extent that the revenue
1638	1638	and income from the district's hospital facilities are not
1639	1639	sufficient after providing for the payment of those bonds; and
1640	1640	(2) may pledge the proceeds of the ad valorem tax for
1641	1641	the payment of the district's operation and maintenance expenses in
1642	1642	the order authorizing the issuance of the bonds.
1643	1643	(b) If the ad valorem tax is pledged, the board shall,
1644	1644	during each year during which the revenue bonds are outstanding,
1645	1645	compute a tax rate sufficient to pay the operation and maintenance
1646	1646	expenses described by Subsection (a)(1).
1647	1647	(c) The ad valorem tax shall be imposed on all taxable
1648	1648	property in the district for each year the revenue bonds are
1649	1649	outstanding. The tax shall be assessed and collected each year and
1650	1650	used for the purpose prescribed by this section to the extent
1651	1651	required. (Acts 65th Leg., R.S., Ch. 112, Sec. 10 (part).)
1652	1652	Sec. 1061.254. ASSESSMENT AND COLLECTION BY COUNTY TAX
1653	1653	ASSESSOR-COLLECTOR. (a) This section applies unless the board by
1654	1654	majority vote elects to have taxes assessed and collected under
1655	1655	Section 1061.255 or 1061.256.
1656	1656	(b) The tax assessor-collector of Midland County shall
1657	1657	assess and collect taxes imposed by the district. (Acts 65th Leg.,
1658	1658	R.S., Ch. 112, Secs. 17(a) (part), (b) (part).)
1659	1659	Sec. 1061.255. ASSESSMENT AND COLLECTION BY DISTRICT TAX
1660	1660	ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
1661	1661	assessed and collected by a tax assessor-collector appointed by the
1662	1662	board. An election under this subsection must be made by December 1
1663	1663	and governs the manner in which taxes are assessed and collected,
1664	1664	until changed by a similar resolution.
1665	1665	(b) The district tax assessor-collector must:
1666	1666	(1) reside in the district; and
1667	1667	(2) own real property subject to district taxation.
1668	1668	(c) The board shall set for the district tax
1669	1669	assessor-collector:
1670	1670	(1) the term of employment; and
1671	1671	(2) compensation. (Acts 65th Leg., R.S., Ch. 112,
1672	1672	Secs. 17(a) (part), (c) (part).)
1673	1673	Sec. 1061.256. ASSESSMENT AND COLLECTION BY TAX
1674	1674	ASSESSOR-COLLECTOR OF ANOTHER POLITICAL SUBDIVISION. (a) The
1675	1675	board may elect to have all or part of the district's taxes assessed
1676	1676	and collected by a political subdivision in which any part of the
1677	1677	district is located. An election under this subsection must be made
1678	1678	by December 1 and governs the manner in which taxes are assessed and
1679	1679	collected, until changed by a similar resolution.
1680	1680	(b) The tax assessor or collector of the political
1681	1681	subdivision shall assess or collect the appropriate district taxes
1682	1682	in accordance with the board's election under Subsection (a) and
1683	1683	for the compensation agreed on by the appropriate parties. (Acts
1684	1684	65th Leg., R.S., Ch. 112, Secs. 17(a) (part), (d) (part).)
1685	1685	CHAPTER 1063. MONTGOMERY COUNTY HOSPITAL DISTRICT
1686	1686	SUBCHAPTER A. GENERAL PROVISIONS
1687	1687	Sec. 1063.001. DEFINITIONS
1688	1688	Sec. 1063.002. AUTHORITY FOR OPERATION
1689	1689	Sec. 1063.003. ESSENTIAL PUBLIC FUNCTION
1690	1690	Sec. 1063.004. DISTRICT TERRITORY
1691	1691	Sec. 1063.005. DISTRICT SUPPORT AND MAINTENANCE NOT
1692	1692	STATE OBLIGATION
1693	1693	Sec. 1063.006. RESTRICTION ON STATE FINANCIAL
1694	1694	ASSISTANCE
1695	1695	[Sections 1063.007-1063.050 reserved for expansion]
1696	1696	SUBCHAPTER B. DISTRICT ADMINISTRATION
1697	1697	Sec. 1063.051. BOARD ELECTION; TERM
1698	1698	Sec. 1063.052. QUALIFICATIONS FOR OFFICE
1699	1699	Sec. 1063.053. BALLOT PETITION
1700	1700	Sec. 1063.054. NOTICE OF ELECTION
1701	1701	Sec. 1063.055. RUNOFF ELECTION
1702	1702	Sec. 1063.056. BOARD VACANCY
1703	1703	Sec. 1063.057. OFFICERS
1704	1704	Sec. 1063.058. COMPENSATION
1705	1705	Sec. 1063.059. BOND; RECORD OF BOND
1706	1706	Sec. 1063.060. VOTING REQUIREMENT
1707	1707	Sec. 1063.061. CALLING MEETINGS
1708	1708	Sec. 1063.062. CHIEF ADMINISTRATIVE OFFICER; ASSISTANT
1709	1709	ADMINISTRATOR
1710	1710	Sec. 1063.063. GENERAL DUTIES OF CHIEF ADMINISTRATIVE
1711	1711	OFFICER
1712	1712	Sec. 1063.064. APPOINTMENT OF STAFF AND EMPLOYEES
1713	1713	Sec. 1063.065. RETIREMENT BENEFITS
1714	1714	[Sections 1063.066-1063.100 reserved for expansion]
1715	1715	SUBCHAPTER C. POWERS AND DUTIES
1716	1716	Sec. 1063.101. DISTRICT RESPONSIBILITY
1717	1717	Sec. 1063.102. RESTRICTION ON POLITICAL SUBDIVISION
1718	1718	TAXATION AND DEBT
1719	1719	Sec. 1063.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
1720	1720	Sec. 1063.104. HEALTH CARE OR HOSPITAL SYSTEM
1721	1721	Sec. 1063.105. RULES
1722	1722	Sec. 1063.106. PURCHASING AND ACCOUNTING PROCEDURES
1723	1723	Sec. 1063.107. DISTRICT PROPERTY, FACILITIES, AND
1724	1724	EQUIPMENT
1725	1725	Sec. 1063.108. TAKEOVER OF NONPROFIT HOSPITAL PROPERTY
1726	1726	Sec. 1063.109. EMINENT DOMAIN
1727	1727	Sec. 1063.110. COST OF RELOCATING OR ALTERING PROPERTY
1728	1728	Sec. 1063.111. GIFTS AND ENDOWMENTS
1729	1729	Sec. 1063.112. CONSTRUCTION CONTRACTS
1730	1730	Sec. 1063.113. OPERATING AND MANAGEMENT CONTRACTS
1731	1731	Sec. 1063.114. CONTRACTS WITH GOVERNMENTAL ENTITIES
1732	1732	FOR CARE AND TREATMENT
1733	1733	Sec. 1063.115. CONTRACTS FOR HEALTH CARE SERVICES
1734	1734	Sec. 1063.116. CONTRACTS WITH GOVERNMENTAL ENTITIES
1735	1735	FOR INVESTIGATORY OR OTHER SERVICES
1736	1736	Sec. 1063.117. PAYMENT FOR TREATMENT; PROCEDURES
1737	1737	Sec. 1063.118. NONPROFIT CORPORATION
1738	1738	Sec. 1063.119. AUTHORITY TO SUE AND BE SUED
1739	1739	[Sections 1063.120-1063.150 reserved for expansion]
1740	1740	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1741	1741	Sec. 1063.151. BUDGET
1742	1742	Sec. 1063.152. NOTICE; HEARING; ADOPTION OF BUDGET
1743	1743	Sec. 1063.153. AMENDMENTS TO BUDGET
1744	1744	Sec. 1063.154. RESTRICTION ON EXPENDITURES
1745	1745	Sec. 1063.155. FISCAL YEAR
1746	1746	Sec. 1063.156. AUDIT
1747	1747	Sec. 1063.157. INSPECTION OF AUDIT AND DISTRICT
1748	1748	RECORDS
1749	1749	Sec. 1063.158. FINANCIAL REPORT
1750	1750	Sec. 1063.159. DEPOSITORY
1751	1751	Sec. 1063.160. SPENDING AND INVESTMENT RESTRICTIONS
1752	1752	[Sections 1063.161-1063.200 reserved for expansion]
1753	1753	SUBCHAPTER E. BONDS
1754	1754	Sec. 1063.201. GENERAL OBLIGATION BONDS
1755	1755	Sec. 1063.202. TAX TO PAY GENERAL OBLIGATION BONDS
1756	1756	Sec. 1063.203. GENERAL OBLIGATION BOND ELECTION
1757	1757	Sec. 1063.204. MATURITY OF GENERAL OBLIGATION BONDS
1758	1758	Sec. 1063.205. EXECUTION OF GENERAL OBLIGATION BONDS
1759	1759	Sec. 1063.206. REVENUE BONDS
1760	1760	Sec. 1063.207. REFUNDING BONDS
1761	1761	Sec. 1063.208. BONDS EXEMPT FROM TAXATION
1762	1762	Sec. 1063.209. TAX ANTICIPATION NOTES
1763	1763	Sec. 1063.210. CERTIFICATES OF OBLIGATION
1764	1764	[Sections 1063.211-1063.250 reserved for expansion]
1765	1765	SUBCHAPTER F. TAXES
1766	1766	Sec. 1063.251. IMPOSITION OF AD VALOREM TAX
1767	1767	Sec. 1063.252. TAX RATE
1768	1768	Sec. 1063.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
1769	1769	ASSESSOR-COLLECTOR
1770	1770	Sec. 1063.254. ASSESSMENT AND COLLECTION BY
1771	1771	APPOINTMENT OR CONTRACT
1772	1772	Sec. 1063.255. PETITION AND ORDER FOR ELECTION TO
1773	1773	REDUCE TAX RATE
1774	1774	[Sections 1063.256-1063.300 reserved for expansion]
1775	1775	SUBCHAPTER G. DISSOLUTION
1776	1776	Sec. 1063.301. DISSOLUTION ELECTION; PETITION
1777	1777	Sec. 1063.302. VALIDITY OF PETITION FOR ELECTION
1778	1778	Sec. 1063.303. ELECTION DATE
1779	1779	Sec. 1063.304. BALLOT
1780	1780	Sec. 1063.305. ELECTION RESULTS
1781	1781	Sec. 1063.306. TRANSFER, SALE, OR ADMINISTRATION OF
1782	1782	ASSETS IF ELECTION INITIATED BY BOARD
1783	1783	Sec. 1063.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
1784	1784	TAXES
1785	1785	Sec. 1063.308. REPORT; DISSOLUTION ORDER
1786	1786	Sec. 1063.309. TRANSFER, SALE, OR ADMINISTRATION OF
1787	1787	DISTRICT PETITION
1788	1788	CHAPTER 1063. MONTGOMERY COUNTY HOSPITAL DISTRICT
1789	1789	SUBCHAPTER A. GENERAL PROVISIONS
1790	1790	Sec. 1063.001. DEFINITIONS. In this chapter:
1791	1791	(1) "Board" means the board of directors of the
1792	1792	district.
1793	1793	(2) "Director" means a member of the board.
1794	1794	(3) "District" means the Montgomery County Hospital
1795	1795	District. (New.)
1796	1796	Sec. 1063.002. AUTHORITY FOR OPERATION. The Montgomery
1797	1797	County Hospital District operates and is administered and financed
1798	1798	in accordance with Section 9, Article IX, Texas Constitution, and
1799	1799	has the rights, powers, and duties provided by this chapter. (Acts
1800	1800	65th Leg., R.S., Ch. 258, Sec. 1 (part).)
1801	1801	Sec. 1063.003. ESSENTIAL PUBLIC FUNCTION. The district
1802	1802	performs an essential public function in carrying out the purposes
1803	1803	of this chapter. (Acts 65th Leg., R.S., Ch. 258, Sec. 22 (part).)
1804	1804	Sec. 1063.004. DISTRICT TERRITORY. The boundaries of the
1805	1805	district are coextensive with the boundaries of Montgomery County,
1806	1806	Texas. (Acts 65th Leg., R.S., Ch. 258, Sec. 1 (part).)
1807	1807	Sec. 1063.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
1808	1808	OBLIGATION. The support and maintenance of the district may not
1809	1809	become a charge against or obligation of this state. (Acts 65th
1810	1810	Leg., R.S., Ch. 258, Sec. 21 (part).)
1811	1811	Sec. 1063.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
1812	1812	The legislature may not make a direct appropriation for the
1813	1813	construction, maintenance, or improvement of a district facility.
1814	1814	(Acts 65th Leg., R.S., Ch. 258, Sec. 21 (part).)
1815	1815	[Sections 1063.007-1063.050 reserved for expansion]
1816	1816	SUBCHAPTER B. DISTRICT ADMINISTRATION
1817	1817	Sec. 1063.051. BOARD ELECTION; TERM. (a) The board
1818	1818	consists of seven directors elected as follows:
1819	1819	(1) one director elected from each county
1820	1820	commissioners precinct; and
1821	1821	(2) three directors elected from the district at large
1822	1822	by position.
1823	1823	(b) A district voter may vote on the directors to be elected
1824	1824	at large and on the director to be elected from the precinct in
1825	1825	which the voter resides.
1826	1826	(c) An election shall be held on the uniform election date
1827	1827	in May of each even-numbered year to elect the appropriate number of
1828	1828	directors.
1829	1829	(d) Directors serve staggered four-year terms that expire
1830	1830	on the second Tuesday in June. (Acts 65th Leg., R.S., Ch. 258, Secs.
1831	1831	4(a) (part), (c) (part); Acts 72nd Leg., R.S., Ch. 511, Sec. 6.)
1832	1832	Sec. 1063.052. QUALIFICATIONS FOR OFFICE. (a) A person may
1833	1833	not be elected or appointed as a director unless the person:
1834	1834	(1) is more than 21 years of age at the time of the
1835	1835	appointment or election;
1836	1836	(2) is a resident of the district; and
1837	1837	(3) is a qualified voter.
1838	1838	(b) A director who represents a county commissioners
1839	1839	precinct must be a resident of that precinct.
1840	1840	(c) A person may not be elected or appointed as a director if
1841	1841	the person holds another appointed or elected public office of
1842	1842	honor, trust, or profit.
1843	1843	(d) A person who holds another public office of honor,
1844	1844	trust, or profit and seeks to be appointed or elected as a director
1845	1845	automatically vacates the first office. (Acts 65th Leg., R.S., Ch.
1846	1846	258, Sec. 4(a) (part).)
1847	1847	Sec. 1063.053. BALLOT PETITION. A person who wants to have
1848	1848	the person's name printed on the ballot as a candidate for director
1849	1849	must file with the board secretary a petition requesting that
1850	1850	action. The petition must be:
1851	1851	(1) signed by at least 10 registered voters; and
1852	1852	(2) filed at least 25 days before the date of the
1853	1853	election. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(c) (part).)
1854	1854	Sec. 1063.054. NOTICE OF ELECTION. At least 10 days before
1855	1855	the date of a regular election of directors, notice of the election
1856	1856	shall be published one time in a newspaper of general circulation in
1857	1857	Montgomery County. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(c)
1858	1858	(part).)
1859	1859	Sec. 1063.055. RUNOFF ELECTION. (a) If no candidate for a
1860	1860	particular director position at a regular directors' election
1861	1861	receives a majority of the votes of the voters voting in that race,
1862	1862	the board shall order a runoff election.
1863	1863	(b) At least seven days before the date of a runoff
1864	1864	election, the board shall publish notice of the election one time in
1865	1865	a newspaper or newspapers that individually or collectively have
1866	1866	general circulation in the area of the runoff election.
1867	1867	(c) Of the names printed on the ballot at a runoff election,
1868	1868	the name of the candidate who received the higher number of votes at
1869	1869	the general election of directors must be printed first on the
1870	1870	ballot. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(d) (part).)
1871	1871	Sec. 1063.056. BOARD VACANCY. (a) If a vacancy occurs in
1872	1872	the office of director, the remaining directors shall appoint a
1873	1873	director for the unexpired term.
1874	1874	(b) If the number of directors is reduced to fewer than four
1875	1875	for any reason, the remaining directors shall immediately call a
1876	1876	special election to fill the vacancies. If the remaining directors
1877	1877	do not call the election, a district court, on application of a
1878	1878	district voter or taxpayer, may order the directors to hold the
1879	1879	election. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(b) (part).)
1880	1880	Sec. 1063.057. OFFICERS. The board shall elect from among
1881	1881	its members a presiding officer, assistant presiding officer,
1882	1882	treasurer, and secretary. (Acts 65th Leg., R.S., Ch. 258, Sec.
1883	1883	4(b) (part).)
1884	1884	Sec. 1063.058. COMPENSATION. A director serves without
1885	1885	compensation. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(a) (part).)
1886	1886	Sec. 1063.059. BOND; RECORD OF BOND. (a) Each director
1887	1887	shall execute a good and sufficient bond for $1,000 that is:
1888	1888	(1) payable to the district; and
1889	1889	(2) conditioned on the faithful performance of the
1890	1890	director's duties.
1891	1891	(b) Each director's bond shall be deposited with the
1892	1892	district's depository bank for safekeeping. (Acts 65th Leg., R.S.,
1893	1893	Ch. 258, Sec. 4(a) (part).)
1894	1894	Sec. 1063.060. VOTING REQUIREMENT. A concurrence of a
1895	1895	majority of the directors present is sufficient in any matter
1896	1896	relating to district business. (Acts 65th Leg., R.S., Ch. 258, Sec.
1897	1897	4(b) (part).)
1898	1898	Sec. 1063.061. CALLING MEETINGS. The presiding officer or
1899	1899	any four directors may call a board meeting. (Acts 65th Leg., R.S.,
1900	1900	Ch. 258, Sec. 4(b) (part).)
1901	1901	Sec. 1063.062. CHIEF ADMINISTRATIVE OFFICER; ASSISTANT
1902	1902	ADMINISTRATOR. (a) The board shall appoint a qualified person as
1903	1903	the district's chief administrative officer. That officer shall be
1904	1904	known as the district president or by another title selected by the
1905	1905	board.
1906	1906	(b) The board may appoint one or more assistant
1907	1907	administrators. An assistant administrator shall be known as the
1908	1908	district vice president or by another title selected by the board.
1909	1909	(c) The chief administrative officer and any assistant
1910	1910	administrator serve at the will of the board and are entitled to the
1911	1911	compensation determined by the board. (Acts 65th Leg., R.S., Ch.
1912	1912	258, Sec. 5(a) (part).)
1913	1913	Sec. 1063.063. GENERAL DUTIES OF CHIEF ADMINISTRATIVE
1914	1914	OFFICER. Subject to the limitations prescribed by the board, the
1915	1915	chief administrative officer shall:
1916	1916	(1) supervise the work and activities of the district;
1917	1917	and
1918	1918	(2) direct the affairs of the district. (Acts 65th
1919	1919	Leg., R.S., Ch. 258, Sec. 5(a) (part).)
1920	1920	Sec. 1063.064. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
1921	1921	board may appoint to the staff any doctors the board considers
1922	1922	necessary for the efficient operation of the district and may make
1923	1923	temporary appointments as warranted.
1924	1924	(b) The district may employ fiscal agents, accountants,
1925	1925	architects, and attorneys the board considers proper.
1926	1926	(c) The board may delegate to the chief administrative
1927	1927	officer the authority to hire district employees, including
1928	1928	technicians and nurses. (Acts 65th Leg., R.S., Ch. 258, Secs. 5(a)
1929	1929	(part), 17.)
1930	1930	Sec. 1063.065. RETIREMENT BENEFITS. The board may provide
1931	1931	retirement benefits for district employees by:
1932	1932	(1) establishing or administering a retirement
1933	1933	program; or
1934	1934	(2) participating in:
1935	1935	(A) the Texas County and District Retirement
1936	1936	System; or
1937	1937	(B) another statewide retirement system in which
1938	1938	the district is eligible to participate. (Acts 65th Leg., R.S., Ch.
1939	1939	258, Sec. 6.)
1940	1940	[Sections 1063.066-1063.100 reserved for expansion]
1941	1941	SUBCHAPTER C. POWERS AND DUTIES
1942	1942	Sec. 1063.101. DISTRICT RESPONSIBILITY. The district has
1943	1943	full responsibility for providing medical and hospital care for the
1944	1944	district's needy inhabitants. (Acts 65th Leg., R.S., Ch. 258, Sec.
1945	1945	20 (part).)
1946	1946	Sec. 1063.102. RESTRICTION ON POLITICAL SUBDIVISION
1947	1947	TAXATION AND DEBT. A political subdivision located wholly or
1948	1948	partly within the district may not impose a tax or issue bonds or
1949	1949	other obligations for hospital or health care purposes or to
1950	1950	provide medical care for district residents. (Acts 65th Leg.,
1951	1951	R.S., Ch. 258, Sec. 20 (part).)
1952	1952	Sec. 1063.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
1953	1953	The board shall manage, control, and administer the health care or
1954	1954	hospital system and the district's money and resources. (Acts 65th
1955	1955	Leg., R.S., Ch. 258, Sec. 5(a) (part).)
1956	1956	Sec. 1063.104. HEALTH CARE OR HOSPITAL SYSTEM. (a) The
1957	1957	district shall provide for:
1958	1958	(1) the establishment of a health care or hospital
1959	1959	system by:
1960	1960	(A) purchasing, constructing, acquiring,
1961	1961	repairing, or renovating buildings and equipment; and
1962	1962	(B) equipping the buildings; and
1963	1963	(2) the administration of the system for health care
1964	1964	or hospital purposes.
1965	1965	(b) The health care or hospital system may include:
1966	1966	(1) domiciliary care and treatment of the sick,
1967	1967	injured, or geriatric;
1968	1968	(2) hospitals;
1969	1969	(3) outpatient clinics;
1970	1970	(4) dispensaries;
1971	1971	(5) convalescent home facilities;
1972	1972	(6) necessary nurses;
1973	1973	(7) domiciliaries and training centers;
1974	1974	(8) blood banks;
1975	1975	(9) community mental health centers;
1976	1976	(10) research centers or laboratories;
1977	1977	(11) ambulance services; and
1978	1978	(12) any other facilities the board considers
1979	1979	necessary for health or hospital care. (Acts 65th Leg., R.S., Ch.
1980	1980	258, Secs. 2 (part), 11(a) (part).)
1981	1981	Sec. 1063.105. RULES. The board may adopt rules governing
1982	1982	the operation of the hospital, the health care or hospital system,
1983	1983	and the district's staff and employees. (Acts 65th Leg., R.S., Ch.
1984	1984	258, Sec. 5(a) (part).)
1985	1985	Sec. 1063.106. PURCHASING AND ACCOUNTING PROCEDURES. The
1986	1986	board may prescribe:
1987	1987	(1) the method and manner of making purchases and
1988	1988	expenditures by and for the district; and
1989	1989	(2) all accounting and control procedures. (Acts 65th
1990	1990	Leg., R.S., Ch. 258, Sec. 11(c) (part).)
1991	1991	Sec. 1063.107. DISTRICT PROPERTY, FACILITIES, AND
1992	1992	EQUIPMENT. (a) The board shall determine the type, number, and
1993	1993	location of buildings required to maintain an adequate health care
1994	1994	or hospital system.
1995	1995	(b) The board may lease all or part of the district's
1996	1996	buildings and other facilities on terms considered to be in the best
1997	1997	interest of the district's inhabitants. Except as provided by
1998	1998	Subsection (c), the term of a lease may not exceed 25 years from the
1999	1999	date entered.
2000	2000	(c) District land may not be leased for a period exceeding
2001	2001	25 years unless the board:
2002	2002	(1) finds that the land is not necessary for health
2003	2003	care or hospital purposes;
2004	2004	(2) complies with any indenture securing the payment
2005	2005	of district bonds; and
2006	2006	(3) receives not less than the current market value
2007	2007	for the lease.
2008	2008	(d) The district may acquire equipment for use in the
2009	2009	district's health care or hospital system and mortgage or pledge
2010	2010	the property as security for the payment of the purchase price. A
2011	2011	contract entered into under this subsection must provide that the
2012	2012	entire obligation be retired not later than the fifth anniversary
2013	2013	of the date of the contract.
2014	2014	(e) The district may sell or otherwise dispose of any
2015	2015	property, including equipment, on terms the board finds are in the
2016	2016	best interest of the district's inhabitants. The board must comply
2017	2017	with Section 272.001, Local Government Code, when selling district
2018	2018	land other than land the district is authorized to sell or exchange
2019	2019	under Subsection (f).
2020	2020	(f) The district may sell or exchange a hospital, including
2021	2021	real property necessary or convenient for the operation of the
2022	2022	hospital and real property that the board finds may be useful in
2023	2023	connection with future expansions of the hospital, on terms the
2024	2024	board determines to be in the district's best interests. The
2025	2025	district must comply with the procedures prescribed by Sections
2026	2026	285.051 and 285.052, Health and Safety Code. (Acts 65th Leg., R.S.,
2027	2027	Ch. 258, Secs. 11(a) (part), (b), (c) (part), 15(c), (d).)
2028	2028	Sec. 1063.108. TAKEOVER OF NONPROFIT HOSPITAL PROPERTY.
2029	2029	The district may take over and may accept title to land, buildings,
2030	2030	improvements, and equipment of a nonprofit hospital in the district
2031	2031	if the governing authority of the hospital and district agree to the
2032	2032	transfer. (Acts 65th Leg., R.S., Ch. 258, Sec. 2 (part).)
2033	2033	Sec. 1063.109. EMINENT DOMAIN. (a) The district may
2034	2034	exercise the power of eminent domain to acquire a fee simple or
2035	2035	other interest in any type of property located in district
2036	2036	territory if the interest is necessary or convenient for the
2037	2037	district to exercise a power, right, or privilege conferred by this
2038	2038	chapter.
2039	2039	(b) The district must exercise the power of eminent domain
2040	2040	in the manner provided by Chapter 21, Property Code, except the
2041	2041	district is not required to deposit in the trial court money or a
2042	2042	bond as provided by Section 21.021(a), Property Code.
2043	2043	(c) In a condemnation proceeding brought by the district,
2044	2044	the district is not required to:
2045	2045	(1) pay in advance or provide a bond or other security
2046	2046	for costs in the trial court;
2047	2047	(2) provide a bond for the issuance of a temporary
2048	2048	restraining order or a temporary injunction; or
2049	2049	(3) provide a bond for costs or a supersedeas bond on
2050	2050	an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 258,
2051	2051	Sec. 15(a).)
2052	2052	Sec. 1063.110. COST OF RELOCATING OR ALTERING PROPERTY. In
2053	2053	exercising the power of eminent domain, if the board requires the
2054	2054	relocation, raising, lowering, rerouting, or change in grade or
2055	2055	alteration in the construction of any railroad, electric
2056	2056	transmission, telegraph or telephone lines, conduits, poles, or
2057	2057	facilities or pipelines, the board must bear the actual cost of the
2058	2058	relocation, raising, lowering, rerouting, or change in grade or
2059	2059	alteration of construction to provide comparable replacement
2060	2060	without enhancement of facilities, after deducting the net salvage
2061	2061	value derived from the old facility. (Acts 65th Leg., R.S., Ch. 258,
2062	2062	Sec. 15(b).)
2063	2063	Sec. 1063.111. GIFTS AND ENDOWMENTS. The board may accept
2064	2064	for the district a gift or endowment to be held in trust and
2065	2065	administered by the board for the purposes and under the
2066	2066	directions, limitations, or other provisions prescribed in writing
2067	2067	by the donor that are not inconsistent with the proper management
2068	2068	and objectives of the district. (Acts 65th Leg., R.S., Ch. 258,
2069	2069	Sec. 19.)
2070	2070	Sec. 1063.112. CONSTRUCTION CONTRACTS. A construction
2071	2071	contract that involves the expenditure of more than $10,000 may be
2072	2072	made only after advertising in the manner provided by Chapter 252
2073	2073	and Subchapter C, Chapter 262, Local Government Code. (Acts 65th
2074	2074	Leg., R.S., Ch. 258, Sec. 11(c) (part).)
2075	2075	Sec. 1063.113. OPERATING AND MANAGEMENT CONTRACTS. The
2076	2076	board may enter into an operating or management contract relating
2077	2077	to a district facility. (Acts 65th Leg., R.S., Ch. 258, Sec. 11(a)
2078	2078	(part).)
2079	2079	Sec. 1063.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
2080	2080	CARE AND TREATMENT. (a) The board may contract with a county or
2081	2081	municipality located outside the district's boundaries for the care
2082	2082	and treatment of a sick or injured person of that county or
2083	2083	municipality.
2084	2084	(b) The board may contract with this state or a federal
2085	2085	agency for the treatment of a sick or injured person. (Acts 65th
2086	2086	Leg., R.S., Ch. 258, Sec. 5(a) (part).)
2087	2087	Sec. 1063.115. CONTRACTS FOR HEALTH CARE SERVICES. (a) As
2088	2088	permitted by the Texas Constitution and Chapter 61, Health and
2089	2089	Safety Code, the district may:
2090	2090	(1) enter into a contract relating to the provision of
2091	2091	health care services on terms the board determines to be in the
2092	2092	district's best interests; and
2093	2093	(2) make payments under the contract.
2094	2094	(b) The term of a contract under this section may not exceed
2095	2095	15 years. (Acts 65th Leg., R.S., Ch. 258, Sec. 5(b).)
2096	2096	Sec. 1063.116. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
2097	2097	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
2098	2098	political subdivision or governmental agency for the district to
2099	2099	provide investigatory or other services for the medical, health
2100	2100	care, hospital, or welfare needs of district inhabitants. (Acts
2101	2101	65th Leg., R.S., Ch. 258, Sec. 5(a) (part).)
2102	2102	Sec. 1063.117. PAYMENT FOR TREATMENT; PROCEDURES. (a)
2103	2103	When a patient who resides in the district is admitted to a district
2104	2104	facility, the chief administrative officer may have an inquiry made
2105	2105	into the circumstances of:
2106	2106	(1) the patient; and
2107	2107	(2) the patient's relatives who are legally liable for
2108	2108	the patient's support.
2109	2109	(b) If the chief administrative officer determines that the
2110	2110	patient or those relatives cannot pay all or part of the costs of
2111	2111	the care and treatment in the district facility, the amount of the
2112	2112	costs that cannot be paid becomes a charge against the district.
2113	2113	(c) If the chief administrative officer determines that the
2114	2114	patient or those relatives can pay for all or part of the costs of
2115	2115	the patient's care and treatment, the patient or those relatives
2116	2116	shall be ordered to pay the district a specified amount each week
2117	2117	for the patient's care and support. The amount ordered must be
2118	2118	proportionate to the person's financial ability.
2119	2119	(d) The chief administrative officer may collect the amount
2120	2120	from the estate of the patient, or from any relative who is legally
2121	2121	liable for the patient's support, in the manner provided by law for
2122	2122	the collection of expenses of the last illness of a deceased person.
2123	2123	(e) If there is a dispute as to the ability to pay, or doubt
2124	2124	in the mind of the chief administrative officer, the board shall
2125	2125	hold a hearing and, after calling witnesses, shall:
2126	2126	(1) resolve the dispute or doubt; and
2127	2127	(2) issue any appropriate orders.
2128	2128	(f) A final order of the board may be appealed to the
2129	2129	district court. The substantial evidence rule applies to the
2130	2130	appeal. (Acts 65th Leg., R.S., Ch. 258, Sec. 18.)
2131	2131	Sec. 1063.118. NONPROFIT CORPORATION. (a) The district
2132	2132	may create and sponsor a nonprofit corporation under the Business
2133	2133	Organizations Code and may contribute or cause to be contributed
2134	2134	available funds to the corporation. A corporation under this
2135	2135	section must be a nonmember, nonstock corporation.
2136	2136	(b) The board of directors of the corporation shall be
2137	2137	composed of seven district residents appointed by the district's
2138	2138	board. The district's board may remove any director of the
2139	2139	corporation at any time with or without cause.
2140	2140	(c) The corporation may use money, other than money the
2141	2141	corporation pays to the district, only to provide or pay the costs
2142	2142	of providing or costs related to providing indigent health care or
2143	2143	other services the district is required or authorized to provide
2144	2144	under the constitution or state law.
2145	2145	(d) The district's board shall establish controls to ensure
2146	2146	that the corporation uses its money as required by Subsection (c).
2147	2147	(e) The corporation may invest the corporation's money in
2148	2148	any manner in which the district may invest the district's money,
2149	2149	including investing money as authorized by Chapter 2256, Government
2150	2150	Code. (Acts 65th Leg., R.S., Ch. 258, Sec. 19A.)
2151	2151	Sec. 1063.119. AUTHORITY TO SUE AND BE SUED. The district,
2152	2152	through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
2153	2153	258, Sec. 5(a) (part).)
2154	2154	[Sections 1063.120-1063.150 reserved for expansion]
2155	2155	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2156	2156	Sec. 1063.151. BUDGET. (a) The chief administrative
2157	2157	officer shall prepare an annual budget for approval by the board.
2158	2158	(b) The proposed budget must contain a complete financial
2159	2159	statement of:
2160	2160	(1) the outstanding obligations of the district;
2161	2161	(2) the cash on hand in each district fund;
2162	2162	(3) the money received by the district from all
2163	2163	sources during the previous year;
2164	2164	(4) the money available to the district from all
2165	2165	sources during the ensuing year;
2166	2166	(5) the balances expected at the end of the year in
2167	2167	which the budget is being prepared;
2168	2168	(6) the estimated revenue and balances available to
2169	2169	cover the proposed budget; and
2170	2170	(7) the estimated tax rate required. (Acts 65th Leg.,
2171	2171	R.S., Ch. 258, Sec. 7 (part).)
2172	2172	Sec. 1063.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
2173	2173	The board shall hold a public hearing on the proposed annual budget.
2174	2174	(b) Notice of the hearing must be published one time at
2175	2175	least 10 days before the date of the hearing.
2176	2176	(c) Any district resident is entitled to be present and
2177	2177	participate at the hearing.
2178	2178	(d) At the conclusion of the hearing, the board shall adopt
2179	2179	a budget by acting on the budget proposed by the chief
2180	2180	administrative officer. The board may make any changes in the
2181	2181	proposed budget that the board judges to be in the interests of the
2182	2182	taxpayers and that the law warrants. (Acts 65th Leg., R.S., Ch. 258,
2183	2183	Sec. 7 (part).)
2184	2184	Sec. 1063.153. AMENDMENTS TO BUDGET. The budget may be
2185	2185	amended as required by circumstances. The board must approve all
2186	2186	amendments. (Acts 65th Leg., R.S., Ch. 258, Sec. 7 (part).)
2187	2187	Sec. 1063.154. RESTRICTION ON EXPENDITURES. Money may be
2188	2188	spent only for an expense included in the budget or an amendment to
2189	2189	the budget. (Acts 65th Leg., R.S., Ch. 258, Sec. 7 (part).)
2190	2190	Sec. 1063.155. FISCAL YEAR. (a) The district operates
2191	2191	according to a fiscal year established by the board.
2192	2192	(b) The fiscal year may not be changed:
2193	2193	(1) during a period that district revenue bonds are
2194	2194	outstanding; or
2195	2195	(2) more than once in a 24-month period. (Acts 65th
2196	2196	Leg., R.S., Ch. 258, Sec. 7 (part).)
2197	2197	Sec. 1063.156. AUDIT. The board shall have an audit made of
2198	2198	the district's financial condition. (Acts 65th Leg., R.S., Ch. 258,
2199	2199	Sec. 7 (part).)
2200	2200	Sec. 1063.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
2201	2201	The audit and other district records shall be open to inspection at
2202	2202	the district's principal office. (Acts 65th Leg., R.S., Ch. 258,
2203	2203	Sec. 7 (part).)
2204	2204	Sec. 1063.158. FINANCIAL REPORT. As soon as practicable
2205	2205	after the close of each fiscal year, the chief administrative
2206	2206	officer shall prepare for the board:
2207	2207	(1) a complete sworn statement of all district money;
2208	2208	and
2209	2209	(2) a complete account of the disbursements of
2210	2210	district money. (Acts 65th Leg., R.S., Ch. 258, Sec. 7 (part).)
2211	2211	Sec. 1063.159. DEPOSITORY. (a) The board shall select one
2212	2212	or more banks in the district to serve as a depository for district
2213	2213	money.
2214	2214	(b) District money, other than money invested as provided by
2215	2215	Section 1063.160, and money transmitted to a bank for payment of
2216	2216	bonds or obligations issued or assumed by the district, shall be
2217	2217	deposited as received with the depository bank and shall remain on
2218	2218	deposit.
2219	2219	(c) This chapter, including Subsection (b), does not limit
2220	2220	the power of the board to place a part of district money on time
2221	2221	deposit or to purchase certificates of deposit.
2222	2222	(d) The district may not deposit money with a bank in an
2223	2223	amount that exceeds the maximum amount secured by the Federal
2224	2224	Deposit Insurance Corporation unless the bank first executes a bond
2225	2225	or other security in an amount sufficient to secure from loss the
2226	2226	amount of district money that exceeds the amount secured by the
2227	2227	Federal Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch.
2228	2228	258, Sec. 12.)
2229	2229	Sec. 1063.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
2230	2230	Except as otherwise provided by Section 1063.107(d) and by
2231	2231	Subchapter E, the district may not incur an obligation payable from
2232	2232	district revenue other than the revenue on hand or to be on hand in
2233	2233	the current and following district fiscal years.
2234	2234	(b) The board may invest operating, depreciation, or
2235	2235	building reserves only in funds or securities specified by Chapter
2236	2236	2256, Government Code. (Acts 65th Leg., R.S., Ch. 258, Secs. 5(a)
2237	2237	(part), 11(c) (part).)
2238	2238	[Sections 1063.161-1063.200 reserved for expansion]
2239	2239	SUBCHAPTER E. BONDS
2240	2240	Sec. 1063.201. GENERAL OBLIGATION BONDS. The board may
2241	2241	issue and sell general obligation bonds in the name and on the faith
2242	2242	and credit of the district for any purpose relating to:
2243	2243	(1) the purchase, construction, acquisition, repair,
2244	2244	or renovation of buildings or improvements; and
2245	2245	(2) equipping buildings or improvements for health
2246	2246	care or hospital purposes. (Acts 65th Leg., R.S., Ch. 258, Sec.
2247	2247	8(a) (part).)
2248	2248	Sec. 1063.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
2249	2249	the time general obligation bonds are issued by the district under
2250	2250	Section 1063.201, the board shall impose an ad valorem tax at a rate
2251	2251	sufficient to create an interest and sinking fund to pay the
2252	2252	principal of and interest on the bonds as the bonds mature.
2253	2253	(b) The tax required by this section together with any other
2254	2254	ad valorem tax the district imposes may not in any year exceed 75
2255	2255	cents on each $100 valuation of all taxable property in the district
2256	2256	subject to hospital district taxation. (Acts 65th Leg., R.S., Ch.
2257	2257	258, Sec. 8(a) (part).)
2258	2258	Sec. 1063.203. GENERAL OBLIGATION BOND ELECTION. (a) The
2259	2259	district may issue general obligation bonds only if the bonds are
2260	2260	authorized by a majority of the district voters.
2261	2261	(b) The election order must provide for clerks as in county
2262	2262	elections and must specify:
2263	2263	(1) the date of the election;
2264	2264	(2) the location of the polling places;
2265	2265	(3) the presiding and alternate election judges for
2266	2266	each polling place;
2267	2267	(4) the amount of the bonds to be authorized; and
2268	2268	(5) the maximum maturity of the bonds.
2269	2269	(c) Notice of a bond election shall be given as provided by
2270	2270	Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 258,
2271	2271	Sec. 8(a) (part).)
2272	2272	Sec. 1063.204. MATURITY OF GENERAL OBLIGATION BONDS.
2273	2273	District general obligation bonds must mature not later than 40
2274	2274	years after the date of issuance. (Acts 65th Leg., R.S., Ch. 258,
2275	2275	Sec. 8(c) (part).)
2276	2276	Sec. 1063.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
2277	2277	The board president shall execute the general obligation bonds in
2278	2278	the district's name.
2279	2279	(b) The board secretary shall countersign the bonds in the
2280	2280	manner provided by Chapter 618, Government Code. (Acts 65th Leg.,
2281	2281	R.S., Ch. 258, Sec. 8(c) (part).)
2282	2282	Sec. 1063.206. REVENUE BONDS. (a) The district may issue
2283	2283	revenue bonds or certificates of obligation or may incur or assume
2284	2284	any other debt only if authorized by a majority of the district
2285	2285	voters voting in an election held for that purpose. This subsection
2286	2286	does not apply to refunding bonds or other debt incurred solely to
2287	2287	refinance an outstanding debt.
2288	2288	(b) The board may issue revenue bonds to:
2289	2289	(1) purchase, construct, acquire, repair, renovate,
2290	2290	or equip buildings or improvements for health care or hospital
2291	2291	purposes; or
2292	2292	(2) acquire sites to be used for health care or
2293	2293	hospital purposes.
2294	2294	(c) The bonds must be payable from and secured by a pledge of
2295	2295	all or part of the revenue derived from the operation of the
2296	2296	district's hospital or health care facilities.
2297	2297	(d) The bonds may be additionally secured by a mortgage or
2298	2298	deed of trust lien on all or part of district property.
2299	2299	(e) The bonds must be issued in the manner and in accordance
2300	2300	with the procedures and requirements prescribed by Sections
2301	2301	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
2302	2302	and Safety Code, for issuance of revenue bonds by a county hospital
2303	2303	authority. (Acts 65th Leg., R.S., Ch. 258, Secs. 9A, 10 (part).)
2304	2304	Sec. 1063.207. REFUNDING BONDS. (a) The board may, without
2305	2305	an election, issue refunding bonds to refund outstanding
2306	2306	indebtedness issued or assumed by the district.
2307	2307	(b) A refunding bond may be:
2308	2308	(1) sold, with the proceeds of the refunding bond
2309	2309	applied to the payment of the outstanding indebtedness; or
2310	2310	(2) exchanged wholly or partly for not less than a
2311	2311	similar principal amount of outstanding indebtedness. (Acts 65th
2312	2312	Leg., R.S., Ch. 258, Secs. 8(a) (part), (b) (part), 10 (part).)
2313	2313	Sec. 1063.208. BONDS EXEMPT FROM TAXATION. The following
2314	2314	are exempt from taxation by this state or a political subdivision of
2315	2315	this state:
2316	2316	(1) bonds issued by the district;
2317	2317	(2) the transfer and issuance of the bonds; and
2318	2318	(3) profits made in the sale of the bonds. (Acts 65th
2319	2319	Leg., R.S., Ch. 258, Sec. 22 (part).)
2320	2320	Sec. 1063.209. TAX ANTICIPATION NOTES. (a) The board may:
2321	2321	(1) declare an emergency because money is not
2322	2322	available to:
2323	2323	(A) pay the principal of and interest on any
2324	2324	district bonds payable wholly or partly from taxes; or
2325	2325	(B) meet any other needs of the district; and
2326	2326	(2) issue negotiable tax anticipation notes to borrow
2327	2327	the money the district needs.
2328	2328	(b) Tax anticipation notes may be issued for any purpose for
2329	2329	which the district may impose taxes.
2330	2330	(c) Tax anticipation notes may bear interest at any rate or
2331	2331	rates authorized by law.
2332	2332	(d) Tax anticipation notes must mature not later than one
2333	2333	year after the date of issuance.
2334	2334	(e) Tax anticipation notes must be secured by the proceeds
2335	2335	of taxes to be imposed by the district in the succeeding 12-month
2336	2336	period.
2337	2337	(f) The board may covenant with the note purchasers that the
2338	2338	board will impose a sufficient tax in the following fiscal year to
2339	2339	pay the principal of and interest on the notes and pay the costs of
2340	2340	collecting the taxes. (Acts 65th Leg., R.S., Ch. 258, Sec. 11(d).)
2341	2341	Sec. 1063.210. CERTIFICATES OF OBLIGATION. (a) The
2342	2342	district may issue and sell certificates of obligation for a
2343	2343	purpose permitted under this chapter.
2344	2344	(b) The certificates of obligation must be issued and sold
2345	2345	in conformity with and in the manner specified for a municipality or
2346	2346	county by Subchapter C, Chapter 271, Local Government Code. (Acts
2347	2347	65th Leg., R.S., Ch. 258, Sec. 8(d).)
2348	2348	[Sections 1063.211-1063.250 reserved for expansion]
2349	2349	SUBCHAPTER F. TAXES
2350	2350	Sec. 1063.251. IMPOSITION OF AD VALOREM TAX. (a) The board
2351	2351	shall impose an ad valorem tax on all taxable property in the
2352	2352	district subject to district taxation.
2353	2353	(b) The board shall impose the tax to pay:
2354	2354	(1) indebtedness issued or assumed by the district;
2355	2355	and
2356	2356	(2) the maintenance and operating expenses of the
2357	2357	district.
2358	2358	(c) The board may not impose a tax to pay the principal of or
2359	2359	interest on revenue bonds issued under this chapter. (Acts 65th
2360	2360	Leg., R.S., Ch. 258, Secs. 13(a) (part), 16(a) (part).)
2361	2361	Sec. 1063.252. TAX RATE. (a) The board may impose the tax
2362	2362	at a rate not to exceed 75 cents on each $100 valuation of taxable
2363	2363	property in the district subject to district taxation.
2364	2364	(b) In setting the tax rate, the board shall consider the
2365	2365	income of the district from sources other than taxation. (Acts 65th
2366	2366	Leg., R.S., Ch. 258, Secs. 3(b) (part), 13(a) (part), (b) (part).)
2367	2367	Sec. 1063.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
2368	2368	ASSESSOR-COLLECTOR. (a) This section applies unless the board
2369	2369	elects to have district taxes assessed and collected under Section
2370	2370	1063.254.
2371	2371	(b) The tax assessor-collector of Montgomery County shall
2372	2372	assess and collect taxes imposed by the district. (Acts 65th Leg.,
2373	2373	R.S., Ch. 258, Secs. 16(a) (part), (b) (part).)
2374	2374	Sec. 1063.254. ASSESSMENT AND COLLECTION BY APPOINTMENT OR
2375	2375	CONTRACT. (a) The board may elect to:
2376	2376	(1) appoint a tax assessor-collector to assess and
2377	2377	collect district taxes; or
2378	2378	(2) contract for the assessment and collection of
2379	2379	taxes as provided by the Tax Code.
2380	2380	(b) An election under this section must be made by December
2381	2381	1 and governs the manner in which taxes are assessed and collected,
2382	2382	until changed by a similar resolution.
2383	2383	(c) The board shall set for the appointed tax
2384	2384	assessor-collector:
2385	2385	(1) the term of employment; and
2386	2386	(2) compensation. (Acts 65th Leg., R.S., Ch. 258,
2387	2387	Secs. 16(a) (part), (c) (part).)
2388	2388	Sec. 1063.255. PETITION AND ORDER FOR ELECTION TO REDUCE
2389	2389	TAX RATE. (a) Notwithstanding Section 26.07(b)(3), Tax Code, a
2390	2390	petition to require an election under Section 26.07, Tax Code, on
2391	2391	reducing the district's tax rate to the rollback tax rate shall be
2392	2392	submitted to the Montgomery County elections administrator instead
2393	2393	of to the board.
2394	2394	(b) Notwithstanding Section 26.07(c), Tax Code, not later
2395	2395	than the 20th day after the date a petition is submitted under
2396	2396	Subsection (a), the elections administrator shall:
2397	2397	(1) determine whether the petition is valid under
2398	2398	Section 26.07, Tax Code; and
2399	2399	(2) certify the determination of the petition's
2400	2400	validity to the board.
2401	2401	(c) If the elections administrator fails to act within the
2402	2402	time allowed, the petition is treated as if it had been found valid.
2403	2403	(d) Notwithstanding Section 26.07(d), Tax Code, if the
2404	2404	elections administrator certifies to the board that the petition is
2405	2405	valid or fails to act within the time allowed, the board shall order
2406	2406	that an election under Section 26.07, Tax Code, to determine
2407	2407	whether to reduce the district's tax rate to the rollback rate be
2408	2408	held in the district in the manner prescribed by Section 26.07(d) of
2409	2409	that code.
2410	2410	(e) The district shall reimburse the elections
2411	2411	administrator for reasonable costs incurred in performing the
2412	2412	duties required by this section. (Acts 65th Leg., R.S., Ch. 258,
2413	2413	Sec. 13A.)
2414	2414	[Sections 1063.256-1063.300 reserved for expansion]
2415	2415	SUBCHAPTER G. DISSOLUTION
2416	2416	Sec. 1063.301. DISSOLUTION ELECTION; PETITION. (a) The
2417	2417	board may order an election on the question of dissolving the
2418	2418	district and disposing of the district's assets and obligations.
2419	2419	(b) The board shall order an election on the question of
2420	2420	dissolving the district and disposing of the district's assets and
2421	2421	obligations if the board receives a petition by district residents
2422	2422	requesting an election that:
2423	2423	(1) is certified as valid by the Montgomery County
2424	2424	elections administrator under Section 1063.302; or
2425	2425	(2) the Montgomery County elections administrator
2426	2426	fails to act on within the time allowed by Section 1063.302.
2427	2427	(c) A petition requesting an election must:
2428	2428	(1) state that it is intended to request an election in
2429	2429	the district on the question of dissolving the district and
2430	2430	disposing of the district's assets and obligations;
2431	2431	(2) be signed by a number of district residents equal
2432	2432	to at least 15 percent of the total vote received by all candidates
2433	2433	for governor in the most recent gubernatorial general election in
2434	2434	the district that occurs more than 30 days before the date the
2435	2435	petition is submitted; and
2436	2436	(3) be submitted to the Montgomery County elections
2437	2437	administrator. (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(a),
2438	2438	23B(a), (a-3).)
2439	2439	Sec. 1063.302. VALIDITY OF PETITION FOR ELECTION. (a) Not
2440	2440	later than the 30th day after the date a petition requesting the
2441	2441	dissolution of the district is submitted under Section 1063.301,
2442	2442	the Montgomery County elections administrator shall:
2443	2443	(1) determine whether the petition is valid; and
2444	2444	(2) certify the determination of the petition's
2445	2445	validity to the board.
2446	2446	(b) If the elections administrator fails to act within the
2447	2447	time allowed, the petition is treated as if it had been found valid.
2448	2448	(c) If a petition submitted under Section 1063.301 does not
2449	2449	contain the necessary number of valid signatures, the district
2450	2450	residents may not submit another petition under Section 1063.301
2451	2451	before the third anniversary of the date the invalid petition was
2452	2452	submitted.
2453	2453	(d) The district shall reimburse the county elections
2454	2454	administrator for reasonable costs incurred in performing the
2455	2455	duties required by this section. (Acts 65th Leg., R.S., Ch. 258,
2456	2456	Secs. 23B(a-1), (a-2), (a-4), (a-5).)
2457	2457	Sec. 1063.303. ELECTION DATE. An election under this
2458	2458	subchapter shall be held on the earlier of the following dates that
2459	2459	occurs at least 90 days after the date on which the election is
2460	2460	ordered:
2461	2461	(1) the uniform election date in May; or
2462	2462	(2) the date of the general election for state and
2463	2463	county officers. (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(b),
2464	2464	23B(b).)
2465	2465	Sec. 1063.304. BALLOT. The ballot for an election under
2466	2466	this subchapter must be printed to permit voting for or against the
2467	2467	proposition: "The dissolution of the Montgomery County Hospital
2468	2468	District." (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(c) (part),
2469	2469	23B(c) (part).)
2470	2470	Sec. 1063.305. ELECTION RESULTS. (a) If a majority of the
2471	2471	votes in an election under this subchapter favor dissolution, the
2472	2472	board shall find that the district is dissolved.
2473	2473	(b) If a majority of the votes in the election do not favor
2474	2474	dissolution, the board shall continue to administer the district
2475	2475	and another election on the question of dissolution may not be held
2476	2476	before:
2477	2477	(1) the fourth anniversary of the date of the most
2478	2478	recent election to dissolve the district if the board called the
2479	2479	election under Section 1063.301(a); or
2480	2480	(2) the third anniversary of the date of the most
2481	2481	recent election to dissolve the district if the board called the
2482	2482	election under Section 1063.301(b). (Acts 65th Leg., R.S., Ch. 258,
2483	2483	Secs. 23A(d), 23B(d).)
2484	2484	Sec. 1063.306. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS
2485	2485	IF ELECTION INITIATED BY BOARD. (a) This section, Section
2486	2486	1063.307, and Section 1063.308 apply to an election called under
2487	2487	Section 1063.301(a).
2488	2488	(b) If a majority of the votes in the election favor
2489	2489	dissolution, the board shall:
2490	2490	(1) transfer the ambulance service and related
2491	2491	equipment, any vehicles, and any mobile clinics and related
2492	2492	equipment that belong to the district to Montgomery County not
2493	2493	later than the 45th day after the date on which the election is
2494	2494	held; and
2495	2495	(2) transfer the land, buildings, improvements,
2496	2496	equipment not described by Subdivision (1), and other assets that
2497	2497	belong to the district to Montgomery County or administer the
2498	2498	property, assets, and debts in accordance with Subsection (e) and
2499	2499	Sections 1063.307 and 1063.308.
2500	2500	(c) The county assumes all debts and obligations of the
2501	2501	district relating to the ambulance service and related equipment,
2502	2502	any vehicles, and any mobile clinics and related equipment at the
2503	2503	time of the transfer.
2504	2504	(d) If the district makes the transfer under Subsection
2505	2505	(b)(2), the county assumes all debts and obligations of the
2506	2506	district relating to those assets at the time of the transfer, and
2507	2507	the district is dissolved.
2508	2508	(e) If the board finds that the district is dissolved but
2509	2509	does not transfer the land, buildings, improvements, equipment, and
2510	2510	other assets to Montgomery County under Subsection (b)(2), the
2511	2511	board shall continue to control and administer that property and
2512	2512	those assets and the related district debts until all money has been
2513	2513	disposed of and all district debts have been paid or settled.
2514	2514	(f) The county shall use all transferred assets to:
2515	2515	(1) pay the outstanding debts and obligations of the
2516	2516	district relating to the assets at the time of the transfer; or
2517	2517	(2) provide medical and hospital care for needy county
2518	2518	residents. (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(e), (f), (g).)
2519	2519	Sec. 1063.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
2520	2520	TAXES. (a) After the board finds that the district is dissolved,
2521	2521	the board shall:
2522	2522	(1) determine the debt owed by the district; and
2523	2523	(2) impose on the property included on the district's
2524	2524	tax rolls a tax that is in proportion of the debt to the property
2525	2525	value.
2526	2526	(b) On the payment of all outstanding debts and obligations
2527	2527	of the district, the board shall order the secretary to return:
2528	2528	(1) to each district taxpayer the taxpayer's pro rata
2529	2529	share of all unused tax money; and
2530	2530	(2) to Montgomery County all unused district money
2531	2531	from any other source.
2532	2532	(c) A taxpayer may request that the taxpayer's share of
2533	2533	surplus tax money be credited to the taxpayer's county taxes. If a
2534	2534	taxpayer requests the credit, the board shall direct the secretary
2535	2535	to send the money to the county tax assessor-collector.
2536	2536	(d) Montgomery County shall use unused district money
2537	2537	received under this section to provide medical and hospital care
2538	2538	for needy county residents.
2539	2539	(e) The board may institute a suit to enforce payment of
2540	2540	taxes under this section and to foreclose liens to secure the
2541	2541	payment of the taxes. (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(h),
2542	2542	(i), (j).)
2543	2543	Sec. 1063.308. REPORT; DISSOLUTION ORDER. (a) After the
2544	2544	district has paid all district debts and has disposed of all
2545	2545	district money and other assets as prescribed by this subchapter,
2546	2546	the board shall file a written report with the Commissioners Court
2547	2547	of Montgomery County summarizing the board's actions in dissolving
2548	2548	the district.
2549	2549	(b) Not later than the 10th day after the date the
2550	2550	Commissioners Court of Montgomery County receives the report and
2551	2551	determines that the requirements of this subchapter have been
2552	2552	fulfilled, the commissioners court shall enter an order dissolving
2553	2553	the district. (Acts 65th Leg., R.S., Ch. 258, Sec. 23A(k).)
2554	2554	Sec. 1063.309. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS
2555	2555	IF ELECTION INITIATED BY DISTRICT PETITION. (a) This section
2556	2556	applies to an election called under Section 1063.301(b).
2557	2557	(b) If a majority of the votes in the election favor
2558	2558	dissolution, the board shall transfer the land, buildings,
2559	2559	improvements, equipment, and other assets that belong to the
2560	2560	district to Montgomery County not later than the 45th day after the
2561	2561	date on which the election is held.
2562	2562	(c) The county assumes all debts and obligations of the
2563	2563	district at the time of the transfer, and the district is dissolved.
2564	2564	(d) The county should use all transferred assets in a manner
2565	2565	that benefits county residents residing in territory formerly
2566	2566	constituting the district.
2567	2567	(e) The county shall use all transferred assets to:
2568	2568	(1) pay the outstanding debts and obligations of the
2569	2569	district relating to the assets at the time of the transfer; or
2570	2570	(2) provide medical and hospital care for needy county
2571	2571	residents. (Acts 65th Leg., R.S., Ch. 258, Sec. 23B(e).)
2572	2572	CHAPTER 1064. MOORE COUNTY HOSPITAL DISTRICT
2573	2573	SUBCHAPTER A. GENERAL PROVISIONS
2574	2574	Sec. 1064.001. DEFINITIONS
2575	2575	Sec. 1064.002. AUTHORITY FOR OPERATION
2576	2576	Sec. 1064.003. ESSENTIAL PUBLIC FUNCTION
2577	2577	Sec. 1064.004. DISTRICT TERRITORY
2578	2578	Sec. 1064.005. CORRECTION OF INVALID PROCEDURES
2579	2579	Sec. 1064.006. DISTRICT SUPPORT AND MAINTENANCE NOT
2580	2580	STATE OBLIGATION
2581	2581	Sec. 1064.007. RESTRICTION ON STATE FINANCIAL
2582	2582	ASSISTANCE
2583	2583	[Sections 1064.008-1064.050 reserved for expansion]
2584	2584	SUBCHAPTER B. DISTRICT ADMINISTRATION
2585	2585	Sec. 1064.051. DEFINITION
2586	2586	Sec. 1064.052. BOARD; TERM
2587	2587	Sec. 1064.053. QUALIFICATIONS FOR OFFICE
2588	2588	Sec. 1064.054. BOARD VACANCY
2589	2589	Sec. 1064.055. OFFICERS
2590	2590	Sec. 1064.056. COMPENSATION; EXPENSES
2591	2591	Sec. 1064.057. VOTING REQUIREMENT
2592	2592	Sec. 1064.058. ADMINISTRATOR; ASSISTANT ADMINISTRATOR
2593	2593	Sec. 1064.059. GENERAL DUTIES OF DISTRICT
2594	2594	ADMINISTRATOR
2595	2595	Sec. 1064.060. APPOINTMENT OF STAFF; EMPLOYEES
2596	2596	Sec. 1064.061. SENIORITY; RETIREMENT BENEFITS
2597	2597	[Sections 1064.062-1064.100 reserved for expansion]
2598	2598	SUBCHAPTER C. POWERS AND DUTIES
2599	2599	Sec. 1064.101. DISTRICT RESPONSIBILITY
2600	2600	Sec. 1064.102. RESTRICTION ON POLITICAL SUBDIVISION
2601	2601	TAXATION AND DEBT
2602	2602	Sec. 1064.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
2603	2603	Sec. 1064.104. HOSPITAL SYSTEM; ANCILLARY HEALTH CARE
2604	2604	SERVICES SYSTEM
2605	2605	Sec. 1064.105. RULES
2606	2606	Sec. 1064.106. PURCHASING AND ACCOUNTING PROCEDURES
2607	2607	Sec. 1064.107. DISTRICT PROPERTY, FACILITIES, AND
2608	2608	EQUIPMENT
2609	2609	Sec. 1064.108. EMINENT DOMAIN
2610	2610	Sec. 1064.109. GIFTS AND ENDOWMENTS
2611	2611	Sec. 1064.110. CONSTRUCTION AND PURCHASE CONTRACTS
2612	2612	Sec. 1064.111. OPERATING AND MANAGEMENT CONTRACTS
2613	2613	Sec. 1064.112. CONTRACTS FOR CERTAIN SERVICES
2614	2614	Sec. 1064.113. CONTRACTS FOR HEALTH CARE
2615	2615	Sec. 1064.114. PAYMENT FOR TREATMENT; PROCEDURES
2616	2616	Sec. 1064.115. REIMBURSEMENT FOR SERVICES
2617	2617	Sec. 1064.116. SALE OR LEASE OF HOSPITAL
2618	2618	Sec. 1064.117. AUTHORITY TO SUE AND BE SUED
2619	2619	[Sections 1064.118-1064.150 reserved for expansion]
2620	2620	SUBCHAPTER D. CHANGE IN BOUNDARIES
2621	2621	Sec. 1064.151. TERRITORY THAT MAY BE ANNEXED
2622	2622	Sec. 1064.152. PETITION TO ANNEX TERRITORY
2623	2623	Sec. 1064.153. ELECTION ORDER
2624	2624	Sec. 1064.154. BALLOT
2625	2625	Sec. 1064.155. NOTICE OF ELECTION
2626	2626	Sec. 1064.156. ELECTION RESULTS
2627	2627	Sec. 1064.157. EFFECT OF ANNEXATION
2628	2628	[Sections 1064.158-1064.200 reserved for expansion]
2629	2629	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
2630	2630	Sec. 1064.201. BUDGET
2631	2631	Sec. 1064.202. NOTICE; HEARING; ADOPTION OF BUDGET
2632	2632	Sec. 1064.203. AMENDMENTS TO BUDGET
2633	2633	Sec. 1064.204. RESTRICTION ON EXPENDITURES
2634	2634	Sec. 1064.205. FISCAL YEAR
2635	2635	Sec. 1064.206. AUDIT
2636	2636	Sec. 1064.207. INSPECTION OF AUDIT AND DISTRICT
2637	2637	RECORDS
2638	2638	Sec. 1064.208. FINANCIAL REPORT
2639	2639	Sec. 1064.209. DEPOSITORY
2640	2640	Sec. 1064.210. SPENDING AND INVESTMENT RESTRICTIONS
2641	2641	[Sections 1064.211-1064.250 reserved for expansion]
2642	2642	SUBCHAPTER F. BONDS
2643	2643	Sec. 1064.251. GENERAL OBLIGATION BONDS, CERTIFICATES
2644	2644	OF OBLIGATION, AND OTHER FINANCING
2645	2645	Sec. 1064.252. TAX TO PAY GENERAL OBLIGATION BONDS
2646	2646	Sec. 1064.253. GENERAL OBLIGATION BOND ELECTION
2647	2647	Sec. 1064.254. REVENUE BONDS
2648	2648	Sec. 1064.255. REFUNDING BONDS
2649	2649	Sec. 1064.256. MATURITY OF BONDS
2650	2650	Sec. 1064.257. EXECUTION OF BONDS
2651	2651	Sec. 1064.258. BONDS EXEMPT FROM TAXATION
2652	2652	[Sections 1064.259-1064.300 reserved for expansion]
2653	2653	SUBCHAPTER G. TAXES
2654	2654	Sec. 1064.301. IMPOSITION OF AD VALOREM TAX
2655	2655	Sec. 1064.302. TAX RATE
2656	2656	Sec. 1064.303. ASSESSMENT AND COLLECTION OF TAXES IN
2657	2657	SAME MANNER AS COUNTY
2658	2658	Sec. 1064.304. ASSESSMENT AND COLLECTION BY DISTRICT
2659	2659	TAX ASSESSOR-COLLECTOR
2660	2660	CHAPTER 1064. MOORE COUNTY HOSPITAL DISTRICT
2661	2661	SUBCHAPTER A. GENERAL PROVISIONS
2662	2662	Sec. 1064.001. DEFINITIONS. In this chapter:
2663	2663	(1) "Board" means the board of directors of the
2664	2664	district.
2665	2665	(2) "Director" means a member of the board.
2666	2666	(3) "District" means the Moore County Hospital
2667	2667	District. (New.)
2668	2668	Sec. 1064.002. AUTHORITY FOR OPERATION. The Moore County
2669	2669	Hospital District operates in accordance with Section 9, Article
2670	2670	IX, Texas Constitution, and has the rights, powers, and duties
2671	2671	provided by this chapter. (Acts 61st Leg., R.S., Ch. 287, Sec. 1
2672	2672	(part).)
2673	2673	Sec. 1064.003. ESSENTIAL PUBLIC FUNCTION. The district
2674	2674	performs an essential public function in carrying out the purposes
2675	2675	of this chapter. (Acts 61st Leg., R.S., Ch. 287, Sec. 21 (part).)
2676	2676	Sec. 1064.004. DISTRICT TERRITORY. The boundaries of the
2677	2677	district are coextensive with the boundaries of Moore County,
2678	2678	Texas, unless the boundaries are expanded under Subchapter D.
2679	2679	(Acts 61st Leg., R.S., Ch. 287, Secs. 1 (part), 1A (part).)
2680	2680	Sec. 1064.005. CORRECTION OF INVALID PROCEDURES. If a
2681	2681	court holds that any procedure under this chapter violates the
2682	2682	constitution of this state or of the United States, the district by
2683	2683	resolution may provide an alternative procedure that conforms with
2684	2684	the constitution. (Acts 61st Leg., R.S., Ch. 287, Sec. 22 (part).)
2685	2685	Sec. 1064.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
2686	2686	OBLIGATION. The support and maintenance of the district may not
2687	2687	become a charge against or obligation of this state. (Acts 61st
2688	2688	Leg., R.S., Ch. 287, Sec. 20 (part).)
2689	2689	Sec. 1064.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
2690	2690	The legislature may not make a direct appropriation for the
2691	2691	construction, maintenance, or improvement of a district facility.
2692	2692	(Acts 61st Leg., R.S., Ch. 287, Sec. 20 (part).)
2693	2693	[Sections 1064.008-1064.050 reserved for expansion]
2694	2694	SUBCHAPTER B. DISTRICT ADMINISTRATION
2695	2695	Sec. 1064.051. DEFINITION. In this subchapter, "medical
2696	2696	staff" means physicians who:
2697	2697	(1) are licensed to practice medicine in this state;
2698	2698	and
2699	2699	(2) hold medical staff privileges granted by the
2700	2700	district. (Acts 61st Leg., R.S., Ch. 287, Sec. 4(a).)
2701	2701	Sec. 1064.052. BOARD; TERM. (a) The board consists of
2702	2702	seven directors, appointed as follows:
2703	2703	(1) six directors appointed by the Commissioners Court
2704	2704	of Moore County; and
2705	2705	(2) one director appointed by the medical staff of the
2706	2706	district's hospital in accordance with procedures prescribed by the
2707	2707	directors appointed under Subdivision (1).
2708	2708	(b) The director appointed under Subsection (a)(2) must be a
2709	2709	member of the medical staff of the district's hospital. If the
2710	2710	director is no longer a member of the medical staff, the person
2711	2711	vacates the position.
2712	2712	(c) Directors appointed under Subsection (a)(1) serve
2713	2713	staggered three-year terms. The director appointed under
2714	2714	Subsection (a)(2) serves a two-year term. (Acts 61st Leg., R.S.,
2715	2715	Ch. 287, Secs. 4(b), (c), (d); Acts 76th Leg., R.S., Ch. 1091, Sec.
2716	2716	11(c).)
2717	2717	Sec. 1064.053. QUALIFICATIONS FOR OFFICE. (a) A person may
2718	2718	not be appointed as a director unless the person is:
2719	2719	(1) a district resident; and
2720	2720	(2) a qualified voter.
2721	2721	(b) Except as provided by Section 1064.052(a)(2), a person
2722	2722	is not eligible to serve as a director if the person is:
2723	2723	(1) a district administrator;
2724	2724	(2) a district employee; or
2725	2725	(3) a member of the medical staff. (Acts 61st Leg.,
2726	2726	R.S., Ch. 287, Sec. 4(f).)
2727	2727	Sec. 1064.054. BOARD VACANCY. If a vacancy occurs in the
2728	2728	office of a director, the entity that appointed the vacating
2729	2729	director shall appoint a director for the unexpired term. (Acts
2730	2730	61st Leg., R.S., Ch. 287, Sec. 4(e).)
2731	2731	Sec. 1064.055. OFFICERS. (a) The board shall elect:
2732	2732	(1) a president and a vice president from among its
2733	2733	members; and
2734	2734	(2) a secretary, who need not be a director.
2735	2735	(b) Each officer of the board serves for a term of one year.
2736	2736	(c) The board shall fill a vacancy in a board office for the
2737	2737	unexpired term. (Acts 61st Leg., R.S., Ch. 287, Sec. 4(g) (part).)
2738	2738	Sec. 1064.056. COMPENSATION; EXPENSES. A director or
2739	2739	officer serves without compensation but may be reimbursed for
2740	2740	actual expenses incurred in the performance of official duties.
2741	2741	The expenses must be:
2742	2742	(1) reported in the district's records; and
2743	2743	(2) approved by the board. (Acts 61st Leg., R.S., Ch.
2744	2744	287, Sec. 4(g) (part).)
2745	2745	Sec. 1064.057. VOTING REQUIREMENT. A concurrence of four
2746	2746	directors is sufficient in any matter relating to district
2747	2747	business. (Acts 61st Leg., R.S., Ch. 287, Sec. 4(g) (part).)
2748	2748	Sec. 1064.058. ADMINISTRATOR; ASSISTANT ADMINISTRATOR.
2749	2749	(a) The board shall appoint a qualified person as district
2750	2750	administrator.
2751	2751	(b) The board may appoint an assistant administrator.
2752	2752	(c) The administrator and any assistant administrator serve
2753	2753	at the will of the board and are entitled to the compensation
2754	2754	determined by the board.
2755	2755	(d) On assuming the duties of district administrator, the
2756	2756	administrator shall execute a bond payable to the district in an
2757	2757	amount set by the board of not less than $500,000 that:
2758	2758	(1) is conditioned on the administrator performing the
2759	2759	administrator's duties; and
2760	2760	(2) contains any other conditions the board requires.
2761	2761	(Acts 61st Leg., R.S., Ch. 287, Sec. 5 (part).)
2762	2762	Sec. 1064.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
2763	2763	Subject to any limitations prescribed by the board, the district
2764	2764	administrator shall:
2765	2765	(1) supervise the work and activities of the district;
2766	2766	and
2767	2767	(2) direct the affairs of the district. (Acts 61st
2768	2768	Leg., R.S., Ch. 287, Sec. 5 (part).)
2769	2769	Sec. 1064.060. APPOINTMENT OF STAFF; EMPLOYEES. (a) The
2770	2770	board may appoint doctors to the staff as the board considers
2771	2771	necessary for the efficient operation of the district and may make
2772	2772	temporary appointments to the staff if warranted.
2773	2773	(b) The board may employ physicians or other health care
2774	2774	providers as the board considers necessary for the efficient
2775	2775	operation of the district.
2776	2776	(c) The district may employ fiscal agents, accountants,
2777	2777	architects, and attorneys as the board considers proper.
2778	2778	(d) The board may delegate to the district administrator the
2779	2779	authority to employ technicians, nurses, and other district
2780	2780	employees, except physicians.
2781	2781	(e) This section does not authorize the board to supervise
2782	2782	or control the practice of medicine, as prohibited by Subtitle B,
2783	2783	Title 3, Occupations Code. (Acts 61st Leg., R.S., Ch. 287, Secs. 5
2784	2784	(part), 16.)
2785	2785	Sec. 1064.061. SENIORITY; RETIREMENT BENEFITS. The board
2786	2786	may:
2787	2787	(1) adopt rules related to the seniority of district
2788	2788	employees, including rules for a retirement plan based on
2789	2789	seniority; and
2790	2790	(2) give effect to previous years of service for a
2791	2791	district employee continuously employed in the operation or
2792	2792	management of hospital facilities:
2793	2793	(A) constructed by the district; or
2794	2794	(B) acquired by the district, including
2795	2795	facilities acquired when the district was created. (Acts 61st
2796	2796	Leg., R.S., Ch. 287, Sec. 5 (part).)
2797	2797	[Sections 1064.062-1064.100 reserved for expansion]
2798	2798	SUBCHAPTER C. POWERS AND DUTIES
2799	2799	Sec. 1064.101. DISTRICT RESPONSIBILITY. The district has
2800	2800	full responsibility for providing hospital care for the district's
2801	2801	indigent residents. (Acts 61st Leg., R.S., Ch. 287, Sec. 19
2802	2802	(part).)
2803	2803	Sec. 1064.102. RESTRICTION ON POLITICAL SUBDIVISION
2804	2804	TAXATION AND DEBT. A political subdivision located within the
2805	2805	district may not impose a tax or issue bonds or other obligations
2806	2806	for hospital purposes or to provide medical care. (Acts 61st Leg.,
2807	2807	R.S., Ch. 287, Sec. 19 (part).)
2808	2808	Sec. 1064.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
2809	2809	The board shall manage, control, and administer the hospital system
2810	2810	and the district's money and resources. (Acts 61st Leg., R.S., Ch.
2811	2811	287, Sec. 5 (part).)
2812	2812	Sec. 1064.104. HOSPITAL SYSTEM; ANCILLARY HEALTH CARE
2813	2813	SERVICES SYSTEM. (a) The district shall provide for the
2814	2814	establishment of a hospital system by:
2815	2815	(1) purchasing, constructing, acquiring, repairing,
2816	2816	or renovating buildings and equipment;
2817	2817	(2) equipping the buildings; and
2818	2818	(3) administering the buildings and equipment for
2819	2819	hospital purposes.
2820	2820	(b) The hospital system may include:
2821	2821	(1) facilities for domiciliary care and treatment of
2822	2822	the sick or injured;
2823	2823	(2) facilities for outpatient clinics;
2824	2824	(3) dispensaries;
2825	2825	(4) facilities for geriatric domiciliary care;
2826	2826	(5) convalescent home facilities;
2827	2827	(6) necessary nurses' domiciliaries and training
2828	2828	centers;
2829	2829	(7) blood banks;
2830	2830	(8) community mental health centers;
2831	2831	(9) research centers or laboratories; and
2832	2832	(10) any other facilities the board considers
2833	2833	necessary for hospital care. (Acts 61st Leg., R.S., Ch. 287, Secs.
2834	2834	2 (part), 9 (part).)
2835	2835	Sec. 1064.105. RULES. The board may adopt rules governing
2836	2836	the operation of the hospital, the hospital system, and the
2837	2837	district's staff and employees. (Acts 61st Leg., R.S., Ch. 287,
2838	2838	Sec. 5 (part).)
2839	2839	Sec. 1064.106. PURCHASING AND ACCOUNTING PROCEDURES. The
2840	2840	board may prescribe:
2841	2841	(1) the method and manner of making purchases and
2842	2842	expenditures by and for the district; and
2843	2843	(2) all accounting and control procedures. (Acts 61st
2844	2844	Leg., R.S., Ch. 287, Sec. 10 (part).)
2845	2845	Sec. 1064.107. DISTRICT PROPERTY, FACILITIES, AND
2846	2846	EQUIPMENT. (a) The board shall determine the type, number, and
2847	2847	location of buildings required to maintain an adequate hospital
2848	2848	system.
2849	2849	(b) The board may lease all or part of the district's
2850	2850	buildings and other facilities on terms considered to be in the best
2851	2851	interest of the district's inhabitants. The term of the lease may
2852	2852	not exceed 25 years.
2853	2853	(c) The district may acquire equipment for use in the
2854	2854	district's hospital system and mortgage or pledge the property as
2855	2855	security for the payment of the purchase price.
2856	2856	(d) The district may sell or otherwise dispose of any
2857	2857	property, including equipment, on terms the board finds are in the
2858	2858	best interest of the district's inhabitants. (Acts 61st Leg.,
2859	2859	R.S., Ch. 287, Secs. 9 (part), 10 (part).)
2860	2860	Sec. 1064.108. EMINENT DOMAIN. (a) The district may
2861	2861	exercise the power of eminent domain to acquire a fee simple or
2862	2862	other interest in any type of property located in district
2863	2863	territory if the interest is necessary for the district to exercise
2864	2864	a power, right, or privilege conferred by this chapter.
2865	2865	(b) The district must exercise the power of eminent domain
2866	2866	in the manner provided by Chapter 21, Property Code, except the
2867	2867	district is not required to deposit in the trial court money or a
2868	2868	bond as provided by Section 21.021(a), Property Code.
2869	2869	(c) In a condemnation proceeding brought by the district,
2870	2870	the district is not required to:
2871	2871	(1) pay in advance or provide a bond or other security
2872	2872	for costs in the trial court;
2873	2873	(2) provide a bond for the issuance of a temporary
2874	2874	restraining order or a temporary injunction; or
2875	2875	(3) provide a bond for costs or a supersedeas bond on
2876	2876	an appeal or petition for review. (Acts 61st Leg., R.S., Ch. 287,
2877	2877	Sec. 14.)
2878	2878	Sec. 1064.109. GIFTS AND ENDOWMENTS. The board may accept
2879	2879	for the district a gift or endowment to be held in trust and
2880	2880	administered by the board for the purposes and under the
2881	2881	directions, limitations, or other provisions prescribed in writing
2882	2882	by the donor that are not inconsistent with the proper management
2883	2883	and objectives of the district. (Acts 61st Leg., R.S., Ch. 287,
2884	2884	Sec. 18 (part).)
2885	2885	Sec. 1064.110. CONSTRUCTION AND PURCHASE CONTRACTS. (a) A
2886	2886	construction or purchase contract that involves the expenditure of
2887	2887	more than $15,000 may be made only after advertising in the manner
2888	2888	provided by Subchapter B, Chapter 271, Local Government Code.
2889	2889	(b) Section 271.059, Local Government Code, relating to
2890	2890	performance and payment bonds, applies to construction contracts
2891	2891	let by the district. (Acts 61st Leg., R.S., Ch. 287, Sec. 10
2892	2892	(part).)
2893	2893	Sec. 1064.111. OPERATING AND MANAGEMENT CONTRACTS. The
2894	2894	board may enter into an operating or management contract relating
2895	2895	to a district facility. (Acts 61st Leg., R.S., Ch. 287, Sec. 9
2896	2896	(part).)
2897	2897	Sec. 1064.112. CONTRACTS FOR CERTAIN SERVICES. The board
2898	2898	may contract with any state, the United States, an agency or
2899	2899	political subdivision of those entities, or a charitable or other
2900	2900	private entity inside or outside the district for the district to:
2901	2901	(1) furnish a mobile emergency medical service; or
2902	2902	(2) provide for the investigatory or welfare needs of
2903	2903	district inhabitants or of persons for whom the public or private
2904	2904	entity has an obligation to provide care. (Acts 61st Leg., R.S.,
2905	2905	Ch. 287, Sec. 5A(c).)
2906	2906	Sec. 1064.113. CONTRACTS FOR HEALTH CARE. The board may
2907	2907	contract with any public or private entity, including a charitable
2908	2908	organization or a political subdivision, to provide health care or
2909	2909	related services inside or outside the district. (Acts 61st Leg.,
2910	2910	R.S., Ch. 287, Sec. 5 (part).)
2911	2911	Sec. 1064.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
2912	2912	When a patient who resides in the district is admitted to a district
2913	2913	facility, the district administrator may have an inquiry made into
2914	2914	the circumstances of:
2915	2915	(1) the patient; and
2916	2916	(2) the patient's relatives who are legally liable for
2917	2917	the patient's support.
2918	2918	(b) If the district administrator determines that the
2919	2919	patient or those relatives cannot pay all or part of the costs of
2920	2920	the patient's care and treatment in the hospital, the amount of the
2921	2921	costs that cannot be paid becomes a charge against the district.
2922	2922	(c) If the district administrator determines that the
2923	2923	patient or those relatives can pay for all or part of the costs of
2924	2924	the patient's care and treatment, the patient or those relatives
2925	2925	shall be ordered to pay the district a specified amount each week
2926	2926	for the patient's care and support. The amount ordered must be
2927	2927	proportionate to the person's financial ability.
2928	2928	(d) The district administrator may collect the amount from
2929	2929	the patient's estate, or from any relative who is legally liable for
2930	2930	the patient's support, in the manner provided by law for the
2931	2931	collection of expenses of the last illness of a deceased person.
2932	2932	(e) If there is a dispute as to the ability to pay, or doubt
2933	2933	in the mind of the district administrator, the board shall hold a
2934	2934	hearing and, after calling witnesses, shall:
2935	2935	(1) determine the patient's ability to pay; and
2936	2936	(2) issue any appropriate orders.
2937	2937	(f) The final order may be appealed to the district court.
2938	2938	The substantial evidence rule applies to the appeal. (Acts 61st
2939	2939	Leg., R.S., Ch. 287, Sec. 17(a).)
2940	2940	Sec. 1064.115. REIMBURSEMENT FOR SERVICES. (a) The board
2941	2941	shall require a county, municipality, or public hospital located
2942	2942	outside the district to reimburse the district for the district's
2943	2943	care and treatment of a sick or injured person of that county,
2944	2944	municipality, or public hospital as provided by Chapter 61, Health
2945	2945	and Safety Code.
2946	2946	(b) The board shall require the sheriff of Moore County to
2947	2947	reimburse the district for the district's care and treatment of a
2948	2948	person confined in a Moore County jail facility who is not indigent
2949	2949	and does not reside in the district.
2950	2950	(c) The board shall require the police department of a
2951	2951	municipality located in Moore County to reimburse the district for
2952	2952	the district's care and treatment of a person confined in a jail
2953	2953	facility of that municipality who is not indigent and does not
2954	2954	reside in the district.
2955	2955	(d) The board may contract with this or any other state, the
2956	2956	United States, or an agency or political subdivision of those
2957	2957	entities to reimburse the district for the care and treatment of a
2958	2958	sick or injured person. (Acts 61st Leg., R.S., Ch. 287, Secs.
2959	2959	5A(a), (b).)
2960	2960	Sec. 1064.116. SALE OR LEASE OF HOSPITAL. (a) In this
2961	2961	section, "long-term lease" means a lease for a term that exceeds 10
2962	2962	years.
2963	2963	(b) The board may not sell a hospital owned and operated by
2964	2964	the district, including real property, or lease the hospital under
2965	2965	a long-term lease that relinquishes control of the hospital to the
2966	2966	lessee unless:
2967	2967	(1) the agreement for the sale or lease of the hospital
2968	2968	provides for indigent care in the district;
2969	2969	(2) in the event of a sale of the hospital, the board
2970	2970	has published notice of the proposed sale twice in a newspaper with
2971	2971	general circulation in Moore County, with the first publication
2972	2972	occurring not later than the 61st day before the date of the
2973	2973	proposed sale, and the second publication occurring not earlier
2974	2974	than the 30th day or later than the eighth day before the date of the
2975	2975	proposed sale; and
2976	2976	(3) the majority of the votes cast by district voters
2977	2977	at an election held for that purpose approve the sale or lease, as
2978	2978	appropriate.
2979	2979	(c) Notice required by Subsection (b)(2) must include the:
2980	2980	(1) date of the proposed sale;
2981	2981	(2) name and address of the proposed buyer; and
2982	2982	(3) proposed purchase price. (Acts 61st Leg., R.S.,
2983	2983	Ch. 287, Sec. 25.)
2984	2984	Sec. 1064.117. AUTHORITY TO SUE AND BE SUED. (a) The
2985	2985	district, through the board, may sue and be sued.
2986	2986	(b) The district is entitled to all causes of action and
2987	2987	defenses to which similar authorities are entitled. (Acts 61st
2988	2988	Leg., R.S., Ch. 287, Sec. 5 (part).)
2989	2989	[Sections 1064.118-1064.150 reserved for expansion]
2990	2990	SUBCHAPTER D. CHANGE IN BOUNDARIES
2991	2991	Sec. 1064.151. TERRITORY THAT MAY BE ANNEXED. (a) The
2992	2992	district may annex territory that is not located in:
2993	2993	(1) Moore County;
2994	2994	(2) the boundaries of another hospital district; or
2995	2995	(3) the proposed boundaries of another hospital
2996	2996	district authorized by the legislature under Section 9, Article IX,
2997	2997	Texas Constitution.
2998	2998	(b) Territory may be annexed in one or more tracts. Each
2999	2999	tract must be contiguous to:
3000	3000	(1) the district; or
3001	3001	(2) territory proposed to be annexed to the district.
3002	3002	(Acts 61st Leg., R.S., Ch. 287, Sec. 1A (part).)
3003	3003	Sec. 1064.152. PETITION TO ANNEX TERRITORY. (a) A petition
3004	3004	requesting that territory be annexed to the district may be
3005	3005	presented to the board. The petition must:
3006	3006	(1) describe the tract or tracts of land to be annexed;
3007	3007	and
3008	3008	(2) be signed by 100 or a majority of the registered
3009	3009	voters who:
3010	3010	(A) reside in the territory to be annexed; and
3011	3011	(B) own property that will be subject to district
3012	3012	taxation.
3013	3013	(b) This chapter does not prohibit simultaneous action on
3014	3014	several petitions for annexation. Each ballot proposition must be
3015	3015	submitted for each different territory proposed to be annexed, and
3016	3016	an election held in each territory represented by a petition.
3017	3017	(c) If the board receives two or more petitions for
3018	3018	annexation that include all or part of the same territory to be
3019	3019	annexed to the district, the petition filed first with the board
3020	3020	shall be considered and another petition that includes any of the
3021	3021	same territory has no effect.
3022	3022	(d) The board may consider all petitions for annexation
3023	3023	presented to it and may approve or reject each petition. The board
3024	3024	may not partly approve or partly reject any petition. (Acts 61st
3025	3025	Leg., R.S., Ch. 287, Sec. 1A (part).)
3026	3026	Sec. 1064.153. ELECTION ORDER. (a) If, on receipt of a
3027	3027	petition under Section 1064.152, the board finds that annexing the
3028	3028	territory is in the district's best interest, the board shall
3029	3029	within 90 days of the board's finding:
3030	3030	(1) approve the petition; and
3031	3031	(2) order an election on the question of annexing the
3032	3032	territory to the district.
3033	3033	(b) The election order shall provide for a separate
3034	3034	election:
3035	3035	(1) in the territory proposed to be annexed; and
3036	3036	(2) in the district.
3037	3037	(c) The election order shall provide for clerks as in county
3038	3038	elections and must specify:
3039	3039	(1) the date of the election;
3040	3040	(2) the location of the polling places;
3041	3041	(3) the form of ballot; and
3042	3042	(4) the presiding judge and alternate judge for each
3043	3043	polling place.
3044	3044	(d) The election order may provide that:
3045	3045	(1) the entire district is one election precinct; or
3046	3046	(2) the county election precincts be combined for the
3047	3047	election. (Acts 61st Leg., R.S., Ch. 287, Secs. 1A (part), 3(a)
3048	3048	(part).)
3049	3049	Sec. 1064.154. BALLOT. The ballot for the election shall be
3050	3050	printed to permit voting for or against the proposition: "The
3051	3051	establishment of the Moore County Hospital District with extended
3052	3052	boundaries and establishment of a hospital district tax at a rate
3053	3053	not to exceed 75 cents on the $100 valuation on all taxable property
3054	3054	in the extended boundaries of the hospital district that is subject
3055	3055	to hospital district taxation for hospital purposes." (Acts 61st
3056	3056	Leg., R.S., Ch. 287, Sec. 1A (part).)
3057	3057	Sec. 1064.155. NOTICE OF ELECTION. (a) Notice of the
3058	3058	election shall be given by publishing once a week for two
3059	3059	consecutive weeks a substantial copy of the election order in a
3060	3060	newspaper or newspapers that individually or collectively have
3061	3061	general circulation in the county or district.
3062	3062	(b) The first publication must appear at least 30 days
3063	3063	before the date of the election. (Acts 61st Leg., R.S., Ch. 287,
3064	3064	Secs. 1A (part), 3(a) (part).)
3065	3065	Sec. 1064.156. ELECTION RESULTS. (a) Territory may not be
3066	3066	annexed to the district unless:
3067	3067	(1) an election is held in accordance with this
3068	3068	subchapter; and
3069	3069	(2) the annexation is approved by a majority of the
3070	3070	voters voting in the election in:
3071	3071	(A) the district; and
3072	3072	(B) the territory proposed to be annexed.
3073	3073	(b) If the territory is annexed to the district, a certified
3074	3074	copy of the order canvassing the returns of the election shall be
3075	3075	filed and recorded in the deed records.
3076	3076	(c) An election may not be held under this subchapter within
3077	3077	12 months of an election previously held under this subchapter.
3078	3078	(Acts 61st Leg., R.S., Ch. 287, Secs. 1A (part), 3(a) (part).)
3079	3079	Sec. 1064.157. EFFECT OF ANNEXATION. (a) Territory
3080	3080	annexed to the district is part of the district for all purposes.
3081	3081	(b) The annexation of territory to the district does not
3082	3082	change the manner in which the board or district officers are
3083	3083	selected. (Acts 61st Leg., R.S., Ch. 287, Sec. 1A (part).)
3084	3084	[Sections 1064.158-1064.200 reserved for expansion]
3085	3085	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
3086	3086	Sec. 1064.201. BUDGET. (a) The district administrator
3087	3087	shall prepare an annual budget for approval by the board.
3088	3088	(b) The proposed budget must contain a complete financial
3089	3089	statement of:
3090	3090	(1) the outstanding obligations of the district;
3091	3091	(2) the cash on hand in each district fund;
3092	3092	(3) the money received by the district from all
3093	3093	sources during the previous year;
3094	3094	(4) the money available to the district from all
3095	3095	sources during the ensuing year;
3096	3096	(5) the balances expected at the end of the year in
3097	3097	which the budget is being prepared;
3098	3098	(6) the estimated revenue and balances available to
3099	3099	cover the proposed budget;
3100	3100	(7) the estimated tax rate required; and
3101	3101	(8) the proposed expenditures and disbursements and
3102	3102	the estimated receipts and collections for the following fiscal
3103	3103	year. (Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
3104	3104	Sec. 1064.202. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
3105	3105	The board shall hold a public hearing on the proposed annual budget.
3106	3106	(b) At least 10 days before the date of the hearing, notice
3107	3107	of the hearing shall be published one time in a newspaper or
3108	3108	newspapers that individually or collectively have general
3109	3109	circulation in the district.
3110	3110	(c) Any district resident is entitled to be present and
3111	3111	participate at the hearing.
3112	3112	(d) At the conclusion of the hearing, the board shall adopt
3113	3113	a budget by acting on the budget proposed by the district
3114	3114	administrator. The board may make any changes in the proposed
3115	3115	budget that, in the board's sole judgment and discretion:
3116	3116	(1) applicable federal and state law warrants and
3117	3117	allows; and
3118	3118	(2) the interest of district residents requires in
3119	3119	furtherance of hospital purposes. (Acts 61st Leg., R.S., Ch. 287,
3120	3120	Sec. 6 (part).)
3121	3121	Sec. 1064.203. AMENDMENTS TO BUDGET. The budget may be
3122	3122	amended as required by circumstances. The board must approve all
3123	3123	amendments. (Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
3124	3124	Sec. 1064.204. RESTRICTION ON EXPENDITURES. Money may be
3125	3125	spent only for an expense included in the budget or an amendment to
3126	3126	the budget. (Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
3127	3127	Sec. 1064.205. FISCAL YEAR. The district operates
3128	3128	according to a fiscal year that begins on July 1 and ends on June 30.
3129	3129	(Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
3130	3130	Sec. 1064.206. AUDIT. (a) The district shall have an
3131	3131	independent audit made of the district's financial condition for
3132	3132	the fiscal year.
3133	3133	(b) As soon as the audit is completed, the audit shall be
3134	3134	filed at the district's office. (Acts 61st Leg., R.S., Ch. 287,
3135	3135	Sec. 6 (part).)
3136	3136	Sec. 1064.207. INSPECTION OF AUDIT AND DISTRICT RECORDS.
3137	3137	The audit and other district records shall be open to inspection at
3138	3138	the district's principal office. (Acts 61st Leg., R.S., Ch. 287,
3139	3139	Sec. 6 (part).)
3140	3140	Sec. 1064.208. FINANCIAL REPORT. As soon as practicable
3141	3141	after the close of each fiscal year, the district administrator
3142	3142	shall prepare for the board:
3143	3143	(1) a complete sworn statement of all district money;
3144	3144	and
3145	3145	(2) a complete account of the disbursements of that
3146	3146	money. (Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
3147	3147	Sec. 1064.209. DEPOSITORY. (a) The board shall select one
3148	3148	or more depositories for district money.
3149	3149	(b) District money, other than money invested as provided by
3150	3150	Section 1064.210(b), and money transmitted to a bank for payment of
3151	3151	bonds or obligations issued or assumed by the district, shall be
3152	3152	deposited as received with the depository and shall remain on
3153	3153	deposit.
3154	3154	(c) This chapter, including Subsection (b), does not limit
3155	3155	the power of the board to:
3156	3156	(1) place a part of district money on time deposit or
3157	3157	other forms of deposit; or
3158	3158	(2) purchase certificates of deposit. (Acts 61st
3159	3159	Leg., R.S., Ch. 287, Sec. 11.)
3160	3160	Sec. 1064.210. SPENDING AND INVESTMENT RESTRICTIONS. (a)
3161	3161	Except as otherwise provided by Section 1064.107(c) and by
3162	3162	Subchapter F, the district may not incur an obligation payable from
3163	3163	district revenue other than the revenue on hand or to be on hand in
3164	3164	the current and following district fiscal years.
3165	3165	(b) The board may invest operating, depreciation, or
3166	3166	building fund reserves only in any funds or securities authorized
3167	3167	by law, including Chapter 2256, Government Code. (Acts 61st Leg.,
3168	3168	R.S., Ch. 287, Secs. 5 (part), 10 (part).)
3169	3169	[Sections 1064.211-1064.250 reserved for expansion]
3170	3170	SUBCHAPTER F. BONDS
3171	3171	Sec. 1064.251. GENERAL OBLIGATION BONDS, CERTIFICATES OF
3172	3172	OBLIGATION, AND OTHER FINANCING. The board may issue and sell
3173	3173	general obligation bonds, certificates of obligation, or any other
3174	3174	type of financing authorized by the laws of this state, including
3175	3175	that type of financing authorized by Chapter 271, Local Government
3176	3176	Code, in the name and on the faith and credit of the district for any
3177	3177	purpose relating to:
3178	3178	(1) the purchase, construction, acquisition, repair,
3179	3179	or renovation of buildings or improvements; and
3180	3180	(2) equipping buildings or improvements for hospital
3181	3181	purposes. (Acts 61st Leg., R.S., Ch. 287, Sec. 7(a) (part).)
3182	3182	Sec. 1064.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
3183	3183	the time general obligation bonds are issued under Section
3184	3184	1064.251, the board shall impose an ad valorem tax at a rate
3185	3185	sufficient to create an interest and sinking fund to pay the
3186	3186	principal of and interest on the bonds as the bonds mature.
3187	3187	(b) The tax required by this section together with any other
3188	3188	ad valorem tax the district imposes may not in any year exceed the
3189	3189	tax rate approved by the voters at the election authorizing the
3190	3190	imposition of the tax. (Acts 61st Leg., R.S., Ch. 287, Sec. 7(a)
3191	3191	(part).)
3192	3192	Sec. 1064.253. GENERAL OBLIGATION BOND ELECTION. (a) The
3193	3193	district may issue general obligation bonds only if the bonds are
3194	3194	authorized by a majority of the district voters voting at an
3195	3195	election held for that purpose.
3196	3196	(b) The order calling the election shall provide for clerks
3197	3197	as in county elections and must specify:
3198	3198	(1) the date of the election;
3199	3199	(2) the location of the polling places;
3200	3200	(3) the presiding and alternate election judges for
3201	3201	each polling place;
3202	3202	(4) the amount of the bonds to be authorized;
3203	3203	(5) the maximum interest rate of the bonds; and
3204	3204	(6) the maximum maturity of the bonds.
3205	3205	(c) Notice of a bond election shall be given as provided by
3206	3206	Section 1251.003, Government Code. (Acts 61st Leg., R.S., Ch. 287,
3207	3207	Sec. 7(a) (part).)
3208	3208	Sec. 1064.254. REVENUE BONDS. (a) The board may issue
3209	3209	revenue bonds to:
3210	3210	(1) purchase, construct, acquire, repair, renovate,
3211	3211	or equip buildings or improvements for hospital purposes; or
3212	3212	(2) acquire sites to be used for hospital purposes.
3213	3213	(b) The bonds must be payable from and secured by a pledge of
3214	3214	all or part of the revenue derived from the operation of the
3215	3215	district's hospitals.
3216	3216	(c) The bonds may be additionally secured by a mortgage or
3217	3217	deed of trust lien on all or part of district property.
3218	3218	(d) The bonds must be issued in the manner and in accordance
3219	3219	with the procedures and requirements prescribed by Sections
3220	3220	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
3221	3221	and Safety Code, for issuance of revenue bonds by a county hospital
3222	3222	authority. (Acts 61st Leg., R.S., Ch. 287, Sec. 8 (part).)
3223	3223	Sec. 1064.255. REFUNDING BONDS. (a) The board may, without
3224	3224	an election, issue refunding bonds to refund outstanding
3225	3225	indebtedness issued or assumed by the district.
3226	3226	(b) A refunding bond may be:
3227	3227	(1) sold, with the proceeds of the refunding bond
3228	3228	applied to the payment of outstanding indebtedness; or
3229	3229	(2) exchanged wholly or partly for not less than a
3230	3230	similar principal amount of outstanding indebtedness. (Acts 61st
3231	3231	Leg., R.S., Ch. 287, Secs. 7(a) (part), (b) (part), 8 (part).)
3232	3232	Sec. 1064.256. MATURITY OF BONDS. District bonds must
3233	3233	mature not later than 40 years after the date of issuance. (Acts
3234	3234	61st Leg., R.S., Ch. 287, Sec. 7(c) (part).)
3235	3235	Sec. 1064.257. EXECUTION OF BONDS. (a) The board president
3236	3236	shall execute district bonds in the district's name.
3237	3237	(b) The board secretary shall countersign the bonds in the
3238	3238	manner provided by Chapter 618, Government Code. (Acts 61st Leg.,
3239	3239	R.S., Ch. 287, Sec. 7(c) (part).)
3240	3240	Sec. 1064.258. BONDS EXEMPT FROM TAXATION. The following
3241	3241	are exempt from taxation by this state or a political subdivision of
3242	3242	this state:
3243	3243	(1) bonds issued by the district;
3244	3244	(2) the transfer and issuance of the bonds; and
3245	3245	(3) profits made in the sale of the bonds. (Acts 61st
3246	3246	Leg., R.S., Ch. 287, Sec. 21 (part).)
3247	3247	[Sections 1064.259-1064.300 reserved for expansion]
3248	3248	SUBCHAPTER G. TAXES
3249	3249	Sec. 1064.301. IMPOSITION OF AD VALOREM TAX. (a) The board
3250	3250	shall impose a tax on all property in the district subject to
3251	3251	district taxation.
3252	3252	(b) The board shall impose the tax to:
3253	3253	(1) pay the interest on and create a sinking fund for
3254	3254	bonds and other obligations issued or assumed by the district for
3255	3255	hospital purposes;
3256	3256	(2) provide for the operation and maintenance of the
3257	3257	district and hospital system;
3258	3258	(3) make improvements and additions to the hospital
3259	3259	system; and
3260	3260	(4) acquire necessary sites for the hospital system by
3261	3261	purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 287,
3262	3262	Secs. 12 (part), 15 (part).)
3263	3263	Sec. 1064.302. TAX RATE. (a) The board may impose the tax
3264	3264	at a rate not to exceed 75 cents on each $100 valuation of taxable
3265	3265	property in the district.
3266	3266	(b) In setting the tax rate, the board shall consider the
3267	3267	income of the district from sources other than taxation. (Acts 61st
3268	3268	Leg., R.S., Ch. 287, Secs. 3(b) (part), 12 (part).)
3269	3269	Sec. 1064.303. ASSESSMENT AND COLLECTION OF TAXES IN SAME
3270	3270	MANNER AS COUNTY. (a) This section applies unless the board elects
3271	3271	to have taxes assessed and collected under Section 1064.304.
3272	3272	(b) District taxes shall be assessed and collected in the
3273	3273	same manner as provided by law for the assessment and collection of
3274	3274	county taxes.
3275	3275	(c) The tax assessor-collector shall assess and collect
3276	3276	taxes imposed by the district.
3277	3277	(d) The tax assessor-collector shall charge and deduct from
3278	3278	payments to the district an amount as fees for assessing and
3279	3279	collecting the taxes at a rate determined by the board. (Acts 61st
3280	3280	Leg., R.S., Ch. 287, Sec. 15 (part).)
3281	3281	Sec. 1064.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX
3282	3282	ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
3283	3283	assessed and collected by a tax assessor-collector appointed by the
3284	3284	board. An election under this subsection must be made before
3285	3285	December 1 and governs the manner in which taxes are assessed and
3286	3286	collected, until changed by a similar resolution.
3287	3287	(b) The board shall set for the district tax
3288	3288	assessor-collector:
3289	3289	(1) the terms of employment;
3290	3290	(2) compensation; and
3291	3291	(3) the requirement for bond to assure the faithful
3292	3292	performance of the tax assessor-collector's duties.
3293	3293	(c) A bond required under Subsection (b)(3) must be set in
3294	3294	an amount of not less than $100,000. (Acts 61st Leg., R.S., Ch.
3295	3295	287, Sec. 15 (part).)
3296	3296	CHAPTER 1067. MUENSTER HOSPITAL DISTRICT
3297	3297	SUBCHAPTER A. GENERAL PROVISIONS
3298	3298	Sec. 1067.001. DEFINITIONS
3299	3299	Sec. 1067.002. AUTHORITY FOR CREATION
3300	3300	Sec. 1067.003. ESSENTIAL PUBLIC FUNCTION
3301	3301	Sec. 1067.004. DISTRICT TERRITORY
3302	3302	Sec. 1067.005. DISTRICT SUPPORT AND MAINTENANCE NOT
3303	3303	STATE OBLIGATION
3304	3304	Sec. 1067.006. RESTRICTION ON STATE FINANCIAL
3305	3305	ASSISTANCE
3306	3306	[Sections 1067.007-1067.050 reserved for expansion]
3307	3307	SUBCHAPTER B. DISTRICT ADMINISTRATION
3308	3308	Sec. 1067.051. BOARD ELECTION; TERM
3309	3309	Sec. 1067.052. NOTICE OF ELECTION
3310	3310	Sec. 1067.053. QUALIFICATIONS FOR OFFICE
3311	3311	Sec. 1067.054. BOARD VACANCY
3312	3312	Sec. 1067.055. OFFICERS
3313	3313	Sec. 1067.056. COMPENSATION; EXPENSES
3314	3314	Sec. 1067.057. DISTRICT ADMINISTRATOR; ASSISTANT
3315	3315	ADMINISTRATOR
3316	3316	Sec. 1067.058. GENERAL DUTIES OF DISTRICT
3317	3317	ADMINISTRATOR
3318	3318	Sec. 1067.059. APPOINTMENT AND RECRUITMENT OF STAFF
3319	3319	AND EMPLOYEES
3320	3320	Sec. 1067.060. PERSONNEL CONTRACTS
3321	3321	Sec. 1067.061. RETIREMENT BENEFITS
3322	3322	[Sections 1067.062-1067.100 reserved for expansion]
3323	3323	SUBCHAPTER C. POWERS AND DUTIES
3324	3324	Sec. 1067.101. DISTRICT RESPONSIBILITY
3325	3325	Sec. 1067.102. RESTRICTION ON POLITICAL SUBDIVISION
3326	3326	TAXATION AND DEBT
3327	3327	Sec. 1067.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
3328	3328	Sec. 1067.104. HOSPITAL OR HOSPITAL SYSTEM
3329	3329	Sec. 1067.105. RULES
3330	3330	Sec. 1067.106. PURCHASING AND ACCOUNTING PROCEDURES
3331	3331	Sec. 1067.107. DISTRICT PROPERTY, FACILITIES, AND
3332	3332	EQUIPMENT
3333	3333	Sec. 1067.108. EMINENT DOMAIN
3334	3334	Sec. 1067.109. GIFTS AND ENDOWMENTS
3335	3335	Sec. 1067.110. CONTRACTS WITH GOVERNMENTAL ENTITIES
3336	3336	FOR CARE AND TREATMENT
3337	3337	Sec. 1067.111. PAYMENT FOR TREATMENT; PROCEDURES
3338	3338	Sec. 1067.112. AUTHORITY TO SUE AND BE SUED
3339	3339	[Sections 1067.113-1067.150 reserved for expansion]
3340	3340	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3341	3341	Sec. 1067.151. BUDGET
3342	3342	Sec. 1067.152. NOTICE; ADOPTION OF BUDGET
3343	3343	Sec. 1067.153. AMENDMENTS TO BUDGET
3344	3344	Sec. 1067.154. FISCAL YEAR
3345	3345	Sec. 1067.155. ANNUAL AUDIT
3346	3346	Sec. 1067.156. DEPOSITORY
3347	3347	Sec. 1067.157. AUTHORITY TO BORROW MONEY; SECURITY
3348	3348	[Sections 1067.158-1067.200 reserved for expansion]
3349	3349	SUBCHAPTER E. BONDS
3350	3350	Sec. 1067.201. GENERAL OBLIGATION BONDS
3351	3351	Sec. 1067.202. TAX TO PAY GENERAL OBLIGATION BONDS
3352	3352	Sec. 1067.203. GENERAL OBLIGATION BOND ELECTION
3353	3353	Sec. 1067.204. MATURITY OF GENERAL OBLIGATION BONDS
3354	3354	Sec. 1067.205. EXECUTION OF GENERAL OBLIGATION BONDS
3355	3355	Sec. 1067.206. REVENUE BONDS
3356	3356	Sec. 1067.207. REFUNDING BONDS
3357	3357	Sec. 1067.208. BONDS EXEMPT FROM TAXATION
3358	3358	[Sections 1067.209-1067.250 reserved for expansion]
3359	3359	SUBCHAPTER F. TAXES
3360	3360	Sec. 1067.251. IMPOSITION OF AD VALOREM TAX
3361	3361	Sec. 1067.252. TAX RATE
3362	3362	Sec. 1067.253. TAX ASSESSOR-COLLECTOR
3363	3363	[Sections 1067.254-1067.300 reserved for expansion]
3364	3364	SUBCHAPTER G. DISSOLUTION
3365	3365	Sec. 1067.301. DISSOLUTION; ELECTION
3366	3366	Sec. 1067.302. NOTICE OF ELECTION
3367	3367	Sec. 1067.303. BALLOT
3368	3368	Sec. 1067.304. ELECTION RESULTS
3369	3369	Sec. 1067.305. TRANSFER OR ADMINISTRATION OF ASSETS
3370	3370	Sec. 1067.306. SALE OR TRANSFER OF ASSETS AND
3371	3371	LIABILITIES
3372	3372	Sec. 1067.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
3373	3373	TAXES
3374	3374	Sec. 1067.308. REPORT; DISSOLUTION ORDER
3375	3375	CHAPTER 1067. MUENSTER HOSPITAL DISTRICT
3376	3376	SUBCHAPTER A. GENERAL PROVISIONS
3377	3377	Sec. 1067.001. DEFINITIONS. In this chapter:
3378	3378	(1) "Board" means the board of directors of the
3379	3379	district.
3380	3380	(2) "Director" means a member of the board.
3381	3381	(3) "District" means the Muenster Hospital District.
3382	3382	(New.)
3383	3383	Sec. 1067.002. AUTHORITY FOR CREATION. The Muenster
3384	3384	Hospital District is created under the authority of Section 9,
3385	3385	Article IX, Texas Constitution. (Acts 59th Leg., R.S., Ch. 477,
3386	3386	Sec. 1(a).)
3387	3387	Sec. 1067.003. ESSENTIAL PUBLIC FUNCTION. The district
3388	3388	performs an essential public function in carrying out the purposes
3389	3389	of this chapter. (Acts 59th Leg., R.S., Ch. 477, Sec. 11 (part).)
3390	3390	Sec. 1067.004. DISTRICT TERRITORY. The district is
3391	3391	composed of the territory described by Section 2a, Chapter 477,
3392	3392	Acts of the 59th Legislature, Regular Session, 1965. (New.)
3393	3393	Sec. 1067.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
3394	3394	OBLIGATION. The support and maintenance of the district may not
3395	3395	become a charge against or obligation of this state. (Acts 59th
3396	3396	Leg., R.S., Ch. 477, Sec. 21 (part).)
3397	3397	Sec. 1067.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
3398	3398	The legislature may not make a direct appropriation for the
3399	3399	construction, maintenance, or improvement of a district facility.
3400	3400	(Acts 59th Leg., R.S., Ch. 477, Sec. 21 (part).)
3401	3401	[Sections 1067.007-1067.050 reserved for expansion]
3402	3402	SUBCHAPTER B. DISTRICT ADMINISTRATION
3403	3403	Sec. 1067.051. BOARD ELECTION; TERM. (a) The district
3404	3404	consists of nine elected directors.
3405	3405	(b) Directors serve staggered three-year terms.
3406	3406	(c) An election shall be held on the uniform election date
3407	3407	in May of each year to elect the appropriate number of directors.
3408	3408	(d) The election order must state the time, place, and
3409	3409	purpose of the election. (Acts 59th Leg., R.S., Ch. 477, Sec. 4(a)
3410	3410	(part).)
3411	3411	Sec. 1067.052. NOTICE OF ELECTION. Notice of an election of
3412	3412	directors shall be published one time in a newspaper of general
3413	3413	circulation in the area of the district in accordance with Section
3414	3414	4.003(a)(1), Election Code. (Acts 59th Leg., R.S., Ch. 477, Sec.
3415	3415	4(a) (part).)
3416	3416	Sec. 1067.053. QUALIFICATIONS FOR OFFICE. (a) To be
3417	3417	eligible to serve as a director, a person must be:
3418	3418	(1) a resident of the district; and
3419	3419	(2) a qualified voter.
3420	3420	(b) A district employee may not serve as a director. (Acts
3421	3421	59th Leg., R.S., Ch. 477, Sec. 4(b) (part).)
3422	3422	Sec. 1067.054. BOARD VACANCY. If a vacancy occurs in the
3423	3423	office of director, the remaining directors by majority vote shall
3424	3424	appoint a director for the unexpired term. (Acts 59th Leg., R.S.,
3425	3425	Ch. 477, Sec. 4(a) (part).)
3426	3426	Sec. 1067.055. OFFICERS. (a) The board shall elect a
3427	3427	president and a vice president from among its members.
3428	3428	(b) The board shall appoint a secretary, who need not be a
3429	3429	director.
3430	3430	(c) Each officer serves for a term of one year.
3431	3431	(d) The president is the chief executive officer of the
3432	3432	district and has the same right to vote as any other director.
3433	3433	(e) If the president is absent or fails and declines to act,
3434	3434	the vice president shall perform the president's duties and
3435	3435	exercise the president's powers under this chapter. (Acts 59th
3436	3436	Leg., R.S., Ch. 477, Sec. 4(b) (part).)
3437	3437	Sec. 1067.056. COMPENSATION; EXPENSES. A director is not
3438	3438	entitled to compensation but is entitled to reimbursement for
3439	3439	actual expenses incurred in attending to district business. The
3440	3440	expenses must be:
3441	3441	(1) reported in the district's records; and
3442	3442	(2) approved by the remainder of the board. (Acts 59th
3443	3443	Leg., R.S., Ch. 477, Sec. 4(b) (part).)
3444	3444	Sec. 1067.057. DISTRICT ADMINISTRATOR; ASSISTANT
3445	3445	ADMINISTRATOR. (a) The board shall appoint a qualified person as
3446	3446	district administrator.
3447	3447	(b) The board may appoint an assistant administrator.
3448	3448	(c) The district administrator and any assistant
3449	3449	administrator serve at the will of the board and are entitled to the
3450	3450	compensation determined by the board.
3451	3451	(d) The board may require the district administrator,
3452	3452	before assuming the administrator's duties, to execute a bond
3453	3453	payable to the district in an amount set by the board of not less
3454	3454	than $5,000 that:
3455	3455	(1) is conditioned on the faithful performance of the
3456	3456	administrator's duties; and
3457	3457	(2) contains other conditions the board may require.
3458	3458	(e) The board may pay for the bond with district money.
3459	3459	(Acts 59th Leg., R.S., Ch. 477, Sec. 5(a) (part).)
3460	3460	Sec. 1067.058. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
3461	3461	Subject to the limitations prescribed by the board, the district
3462	3462	administrator shall:
3463	3463	(1) supervise the work and activities of the hospital;
3464	3464	and
3465	3465	(2) direct the affairs of the district. (Acts 59th
3466	3466	Leg., R.S., Ch. 477, Sec. 5(b) (part).)
3467	3467	Sec. 1067.059. APPOINTMENT AND RECRUITMENT OF STAFF AND
3468	3468	EMPLOYEES. (a) The board, with the district administrator, may
3469	3469	appoint to the staff any doctors the board considers necessary for
3470	3470	the efficient operation of the district.
3471	3471	(b) The board may employ technicians, nurses, and other
3472	3472	employees as considered necessary for the efficient operation of
3473	3473	the hospital or may provide that the district administrator has the
3474	3474	authority to admit or employ those persons.
3475	3475	(c) The board may spend district money to recruit
3476	3476	physicians, nurses, and other trained medical personnel. The board
3477	3477	may pay the tuition or other expenses of a full-time medical student
3478	3478	or other student in a health occupation who:
3479	3479	(1) is enrolled in and is in good standing at an
3480	3480	accredited medical school, college, or university; and
3481	3481	(2) contractually agrees to become a district employee
3482	3482	or independent contractor in return for that assistance. (Acts
3483	3483	59th Leg., R.S., Ch. 477, Secs. 5(b) (part), (g).)
3484	3484	Sec. 1067.060. PERSONNEL CONTRACTS. (a) The board may
3485	3485	contract to provide administrative and other personnel for the
3486	3486	operation of the hospital facilities.
3487	3487	(b) The term of the contract may not exceed 25 years from the
3488	3488	date the contract is entered. (Acts 59th Leg., R.S., Ch. 477, Sec.
3489	3489	5(e) (part).)
3490	3490	Sec. 1067.061. RETIREMENT BENEFITS. The board may provide
3491	3491	retirement benefits for district employees by:
3492	3492	(1) establishing or administering a retirement
3493	3493	program; or
3494	3494	(2) participating in:
3495	3495	(A) the Texas County and District Retirement
3496	3496	System; or
3497	3497	(B) another statewide retirement system in which
3498	3498	the district is eligible to participate. (Acts 59th Leg., R.S., Ch.
3499	3499	477, Sec. 5(f).)
3500	3500	[Sections 1067.062-1067.100 reserved for expansion]
3501	3501	SUBCHAPTER C. POWERS AND DUTIES
3502	3502	Sec. 1067.101. DISTRICT RESPONSIBILITY. The district has
3503	3503	full responsibility for:
3504	3504	(1) operating all hospital facilities for providing
3505	3505	medical and hospital care of the indigent persons in the district;
3506	3506	and
3507	3507	(2) providing medical and hospital care for the
3508	3508	district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 477, Secs.
3509	3509	2 (part), 20 (part).)
3510	3510	Sec. 1067.102. RESTRICTION ON POLITICAL SUBDIVISION
3511	3511	TAXATION AND DEBT. A political subdivision located within the
3512	3512	district may not impose a tax or issue bonds or other obligations
3513	3513	for hospital purposes for medical treatment of indigent persons in
3514	3514	the district. (Acts 59th Leg., R.S., Ch. 477, Sec. 20 (part).)
3515	3515	Sec. 1067.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
3516	3516	The board shall manage, control, and administer the hospital, the
3517	3517	hospital system, and the district's business, money, and resources.
3518	3518	(Acts 59th Leg., R.S., Ch. 477, Sec. 5(a) (part).)
3519	3519	Sec. 1067.104. HOSPITAL OR HOSPITAL SYSTEM. (a) The
3520	3520	district shall provide for the establishment, administration,
3521	3521	maintenance, operation, and financing of a hospital or hospital
3522	3522	system in the district.
3523	3523	(b) The district may provide any services or facilities
3524	3524	necessary for hospital or medical care, including:
3525	3525	(1) rural health clinics;
3526	3526	(2) outpatient clinics;
3527	3527	(3) nursing homes;
3528	3528	(4) home health care agencies;
3529	3529	(5) extended care facilities;
3530	3530	(6) assisted living or personal care facilities; and
3531	3531	(7) retirement, housing, and medical office
3532	3532	buildings. (Acts 59th Leg., R.S., Ch. 477, Sec. 2 (part).)
3533	3533	Sec. 1067.105. RULES. The board may adopt rules for the
3534	3534	operation of the district and as required to administer this
3535	3535	chapter. (Acts 59th Leg., R.S., Ch. 477, Secs. 5(a) (part), 12
3536	3536	(part).)
3537	3537	Sec. 1067.106. PURCHASING AND ACCOUNTING PROCEDURES. The
3538	3538	board may prescribe:
3539	3539	(1) the method and manner of making purchases and
3540	3540	expenditures by and for the district; and
3541	3541	(2) all accounting and control procedures. (Acts 59th
3542	3542	Leg., R.S., Ch. 477, Sec. 12 (part).)
3543	3543	Sec. 1067.107. DISTRICT PROPERTY, FACILITIES, AND
3544	3544	EQUIPMENT. (a) The board has exclusive authority to determine the
3545	3545	type, character, and use of facilities in the hospital system.
3546	3546	(b) The board may:
3547	3547	(1) purchase or lease property, including facilities
3548	3548	or equipment, for the district to use in the hospital system; and
3549	3549	(2) mortgage or pledge the property as security for
3550	3550	the payment of the purchase price.
3551	3551	(c) The board may lease district hospital facilities to
3552	3552	individuals, corporations, or other legal entities.
3553	3553	(d) The board may sell or otherwise dispose of the
3554	3554	district's property, including facilities and equipment. (Acts
3555	3555	59th Leg., R.S., Ch. 477, Secs. 5(d), (e) (part), 12 (part).)
3556	3556	Sec. 1067.108. EMINENT DOMAIN. (a) The district may
3557	3557	exercise the power of eminent domain to acquire a fee simple or
3558	3558	other interest in any type of property located in district
3559	3559	territory if the interest is necessary or convenient for the
3560	3560	district to exercise a power, right, or privilege conferred by this
3561	3561	chapter.
3562	3562	(b) The district must exercise the power of eminent domain
3563	3563	in the manner provided by Chapter 21, Property Code. (Acts 59th
3564	3564	Leg., R.S., Ch. 477, Sec. 15.)
3565	3565	Sec. 1067.109. GIFTS AND ENDOWMENTS. The board may accept
3566	3566	for the district a gift or endowment to be held in trust and
3567	3567	administered by the board for the purposes and under the
3568	3568	directions, limitations, or other provisions prescribed in writing
3569	3569	by the donor that are not inconsistent with the proper management
3570	3570	and objectives of the district. (Acts 59th Leg., R.S., Ch. 477,
3571	3571	Sec. 18.)
3572	3572	Sec. 1067.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
3573	3573	CARE AND TREATMENT. (a) The board may contract with a county or
3574	3574	municipality located outside the district for the care and
3575	3575	treatment of a sick or injured person of that county or
3576	3576	municipality.
3577	3577	(b) The board may contract with this state or a federal
3578	3578	agency for the treatment of a sick or injured person for whom this
3579	3579	state or the agency is responsible. (Acts 59th Leg., R.S., Ch. 477,
3580	3580	Sec. 5(c).)
3581	3581	Sec. 1067.111. PAYMENT FOR TREATMENT; PROCEDURES. (a)
3582	3582	When an indigent patient who resides in the district is admitted to
3583	3583	a district facility or a person who does not reside in the district
3584	3584	is admitted as an emergency patient to a district facility, the
3585	3585	district administrator shall have an inquiry made into the
3586	3586	circumstances of:
3587	3587	(1) the patient; and
3588	3588	(2) the patient's relatives who are legally liable for
3589	3589	the patient's support.
3590	3590	(b) If the district administrator determines that the
3591	3591	patient or those relatives cannot pay all or part of the costs of
3592	3592	the care and treatment in the hospital, the amount of the costs that
3593	3593	cannot be paid becomes a charge against the district as care for
3594	3594	indigents.
3595	3595	(c) If the district administrator determines that the
3596	3596	patient or those relatives can pay for all or part of the costs of
3597	3597	the patient's care and treatment, the patient or those relatives
3598	3598	shall be ordered to pay the district a specified amount each week
3599	3599	for the patient's support. The amount ordered must be
3600	3600	proportionate to the person's financial ability and may not exceed
3601	3601	the actual per capita cost of maintenance.
3602	3602	(d) The district administrator may collect the amount from
3603	3603	the patient's estate, or from any relative who is legally liable for
3604	3604	the patient's support, in the manner provided by law for the
3605	3605	collection of expenses of the last illness of a deceased person.
3606	3606	(e) If there is a dispute as to the ability to pay, or doubt
3607	3607	in the mind of the district administrator, the board shall hold a
3608	3608	hearing and, after calling witnesses, shall:
3609	3609	(1) resolve the dispute or doubt; and
3610	3610	(2) issue any appropriate orders.
3611	3611	(f) A final order of the board may be appealed to the
3612	3612	district court. The substantial evidence rule applies to the
3613	3613	appeal. (Acts 59th Leg., R.S., Ch. 477, Sec. 17.)
3614	3614	Sec. 1067.112. AUTHORITY TO SUE AND BE SUED. The district,
3615	3615	through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch.
3616	3616	477, Sec. 5(a) (part).)
3617	3617	[Sections 1067.113-1067.150 reserved for expansion]
3618	3618	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3619	3619	Sec. 1067.151. BUDGET. Not later than the 30th day before
3620	3620	the first day of each fiscal year, the board shall have an annual
3621	3621	budget prepared for that fiscal year. (Acts 59th Leg., R.S., Ch.
3622	3622	477, Secs. 6(b) (part), 19(a) (part).)
3623	3623	Sec. 1067.152. NOTICE; ADOPTION OF BUDGET. (a) Not later
3624	3624	than the 30th day before the first day of each fiscal year, the
3625	3625	board shall give notice of a public hearing on the proposed budget.
3626	3626	The notice must be published in a newspaper of general circulation
3627	3627	in the district one time at least 10 days before the date set for the
3628	3628	hearing.
3629	3629	(b) The board shall adopt a budget by acting on the budget
3630	3630	proposed by the district administrator.
3631	3631	(c) The budget is effective only after adoption by the
3632	3632	board. (Acts 59th Leg., R.S., Ch. 477, Secs. 6(b), 19(a) (part).)
3633	3633	Sec. 1067.153. AMENDMENTS TO BUDGET. After the annual
3634	3634	budget is adopted, the budget may be amended on the board's
3635	3635	approval. (Acts 59th Leg., R.S., Ch. 477, Sec. 19(a) (part).)
3636	3636	Sec. 1067.154. FISCAL YEAR. (a) The district operates
3637	3637	according to a fiscal year established by the board.
3638	3638	(b) The fiscal year may not be changed:
3639	3639	(1) during a period that revenue bonds of the district
3640	3640	are outstanding; or
3641	3641	(2) more than once in a 24-month period. (Acts 59th
3642	3642	Leg., R.S., Ch. 477, Sec. 6 (part).)
3643	3643	Sec. 1067.155. ANNUAL AUDIT. (a) The board annually shall
3644	3644	have an audit made of the district's financial condition.
3645	3645	(b) The audit shall be open to inspection at all times at the
3646	3646	district's principal office. (Acts 59th Leg., R.S., Ch. 477, Sec. 6
3647	3647	(part).)
3648	3648	Sec. 1067.156. DEPOSITORY. (a) The board shall select one
3649	3649	or more banks to serve as a depository for district money.
3650	3650	(b) District money shall be immediately deposited on
3651	3651	receipt with a depository bank to pay the principal of and interest
3652	3652	on the district's outstanding bonds on or before the maturity date
3653	3653	of the principal and interest.
3654	3654	(c) To the extent that money in a depository bank is not
3655	3655	insured by the Federal Deposit Insurance Corporation, the money
3656	3656	must be secured in the manner provided by law for the security of
3657	3657	county funds.
3658	3658	(d) Membership on the district's board of an officer or
3659	3659	director of a bank does not disqualify the bank from being selected
3660	3660	as a depository bank. (Acts 59th Leg., R.S., Ch. 477, Sec. 13.)
3661	3661	Sec. 1067.157. AUTHORITY TO BORROW MONEY; SECURITY. (a)
3662	3662	The board may borrow money at a rate not to exceed the maximum
3663	3663	annual percentage rate allowed by law for district obligations at
3664	3664	the time the loan is made if the board declares that:
3665	3665	(1) money is not available to meet authorized
3666	3666	obligations of the district; and
3667	3667	(2) an emergency exists.
3668	3668	(b) To secure a loan, the board may pledge:
3669	3669	(1) district revenue that is not pledged to pay the
3670	3670	district's bonded indebtedness;
3671	3671	(2) district taxes to be imposed by the district
3672	3672	during the 12-month period following the date of the pledge that are
3673	3673	not pledged to pay the principal of or interest on district bonds;
3674	3674	or
3675	3675	(3) district bonds that have been authorized but not
3676	3676	sold.
3677	3677	(c) A loan for which taxes or bonds are pledged must mature
3678	3678	not later than the first anniversary of the date the loan is made. A
3679	3679	loan for which district revenue is pledged must mature not later
3680	3680	than the fifth anniversary of the date the loan is made.
3681	3681	(d) The board may not spend money obtained from a loan under
3682	3682	this section for any purpose other than:
3683	3683	(1) the purpose for which the board declared an
3684	3684	emergency; and
3685	3685	(2) if district taxes or bonds are pledged to pay the
3686	3686	loan, the purpose for which the pledged taxes were imposed or the
3687	3687	pledged bonds were authorized. (Acts 59th Leg., R.S., Ch. 477, Sec.
3688	3688	20a.)
3689	3689	[Sections 1067.158-1067.200 reserved for expansion]
3690	3690	SUBCHAPTER E. BONDS
3691	3691	Sec. 1067.201. GENERAL OBLIGATION BONDS. The board may
3692	3692	issue and sell general obligation bonds authorized by an election
3693	3693	in the name and on the faith and credit of the district to:
3694	3694	(1) purchase, construct, acquire, repair, or renovate
3695	3695	buildings or improvements;
3696	3696	(2) equip buildings or improvements for hospital
3697	3697	purposes; or
3698	3698	(3) acquire and operate a mobile emergency medical or
3699	3699	air ambulance service. (Acts 59th Leg., R.S., Ch. 477, Sec. 9(b).)
3700	3700	Sec. 1067.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a)
3701	3701	For general obligation bonds issued under Section 1067.201, the
3702	3702	board shall impose an ad valorem tax at a rate sufficient to create
3703	3703	an interest and sinking fund and to pay the principal of and
3704	3704	interest on the bonds as the bonds mature.
3705	3705	(b) The tax required by this section together with any other
3706	3706	ad valorem tax the district imposes may not in any year exceed the
3707	3707	limit approved by the voters at the election authorizing the
3708	3708	imposition of the tax. (Acts 59th Leg., R.S., Ch. 477, Sec. 9(a)
3709	3709	(part).)
3710	3710	Sec. 1067.203. GENERAL OBLIGATION BOND ELECTION. (a) The
3711	3711	district may issue general obligation bonds only if the bonds are
3712	3712	authorized by a majority of the district voters voting at an
3713	3713	election held for that purpose.
3714	3714	(b) The board may order a bond election.
3715	3715	(c) The order calling the election must specify:
3716	3716	(1) the nature and date of the election;
3717	3717	(2) the hours during which the polls will be open;
3718	3718	(3) the location of the polling places;
3719	3719	(4) the amount of the bonds to be authorized; and
3720	3720	(5) the maximum maturity of the bonds.
3721	3721	(d) Notice of a bond election shall be given as provided by
3722	3722	Section 1251.003, Government Code.
3723	3723	(e) The board shall declare the results of the bond
3724	3724	election.
3725	3725	(f) Except as otherwise provided by this chapter, the
3726	3726	election is governed by the general laws relating to county
3727	3727	elections. (Acts 59th Leg., R.S., Ch. 477, Sec. 9(a) (part).)
3728	3728	Sec. 1067.204. MATURITY OF GENERAL OBLIGATION BONDS.
3729	3729	District general obligation bonds must mature not later than 40
3730	3730	years after the date of issuance. (Acts 59th Leg., R.S., Ch. 477,
3731	3731	Sec. 9(d) (part).)
3732	3732	Sec. 1067.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
3733	3733	The board president shall execute the general obligation bonds in
3734	3734	the district's name.
3735	3735	(b) The board secretary shall attest the bonds as provided
3736	3736	by Chapter 618, Government Code. (Acts 59th Leg., R.S., Ch. 477,
3737	3737	Sec. 9(c) (part).)
3738	3738	Sec. 1067.206. REVENUE BONDS. (a) The district may issue
3739	3739	revenue bonds to:
3740	3740	(1) purchase, construct, acquire, repair, or renovate
3741	3741	buildings or improvements;
3742	3742	(2) equip buildings or improvements for hospitals and
3743	3743	the hospital system;
3744	3744	(3) acquire sites to be used for hospital purposes; or
3745	3745	(4) operate a mobile emergency medical service to
3746	3746	assist the district in carrying out its hospital purposes.
3747	3747	(b) The bonds must be payable from and secured by a pledge of
3748	3748	all or part of the revenue derived from the operation of the
3749	3749	district's hospital system.
3750	3750	(c) The bonds may be additionally secured by a mortgage or
3751	3751	deed of trust on all or part of district property.
3752	3752	(d) The bonds must be issued in the manner provided by
3753	3753	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
3754	3754	Health and Safety Code, for issuance of revenue bonds by a county
3755	3755	hospital authority. (Acts 59th Leg., R.S., Ch. 477, Sec. 7.)
3756	3756	Sec. 1067.207. REFUNDING BONDS. (a) The board may issue
3757	3757	refunding bonds to refund any bond issued by the district.
3758	3758	(b) A refunding bond may be:
3759	3759	(1) sold, with the proceeds of the refunding bond
3760	3760	applied to the payment of the outstanding bonds or other refundable
3761	3761	indebtedness; or
3762	3762	(2) exchanged wholly or partly for not less than a
3763	3763	similar principal amount of the outstanding bonds or other
3764	3764	refundable indebtedness. (Acts 59th Leg., R.S., Ch. 477, Sec. 8
3765	3765	(part).)
3766	3766	Sec. 1067.208. BONDS EXEMPT FROM TAXATION. The following
3767	3767	are exempt from taxation by this state or a political subdivision of
3768	3768	this state:
3769	3769	(1) bonds issued by the district;
3770	3770	(2) the transfer of the bonds; or
3771	3771	(3) bond revenue, including any profits made in the
3772	3772	sale of the bonds. (Acts 59th Leg., R.S., Ch. 477, Sec. 11 (part).)
3773	3773	[Sections 1067.209-1067.250 reserved for expansion]
3774	3774	SUBCHAPTER F. TAXES
3775	3775	Sec. 1067.251. IMPOSITION OF AD VALOREM TAX. (a) The board
3776	3776	may impose a tax on all property in the district subject to district
3777	3777	taxation.
3778	3778	(b) The tax may be used to pay:
3779	3779	(1) indebtedness issued or assumed by the district;
3780	3780	and
3781	3781	(2) the maintenance and operating expenses of the
3782	3782	district.
3783	3783	(c) The board may not impose a tax to pay the principal of or
3784	3784	interest on revenue bonds. (Acts 59th Leg., R.S., Ch. 477, Secs. 16
3785	3785	(part), 19(b) (part).)
3786	3786	Sec. 1067.252. TAX RATE. (a) The board may impose the tax
3787	3787	at a rate not to exceed the limit approved by the voters at the
3788	3788	election authorizing the imposition of the tax.
3789	3789	(b) The tax rate for all purposes may not exceed 75 cents on
3790	3790	each $100 valuation of taxable property in the district. (Acts 59th
3791	3791	Leg., R.S., Ch. 477, Sec. 16 (part).)
3792	3792	Sec. 1067.253. TAX ASSESSOR-COLLECTOR. The board may
3793	3793	provide for the appointment of a tax assessor-collector for the
3794	3794	district or may contract for the assessment and collection of taxes
3795	3795	as provided by the Tax Code. (Acts 59th Leg., R.S., Ch. 477, Sec. 16
3796	3796	(part).)
3797	3797	[Sections 1067.254-1067.300 reserved for expansion]
3798	3798	SUBCHAPTER G. DISSOLUTION
3799	3799	Sec. 1067.301. DISSOLUTION; ELECTION. (a) The district may
3800	3800	be dissolved only on approval of a majority of the district voters
3801	3801	voting in an election held for that purpose.
3802	3802	(b) The board may order an election on the question of
3803	3803	dissolving the district and disposing of the district's assets and
3804	3804	obligations.
3805	3805	(c) The board shall order an election if the board receives
3806	3806	a petition requesting an election that is signed by a number of
3807	3807	residents of the district equal to at least 15 percent of the
3808	3808	registered voters in the district.
3809	3809	(d) The order calling the election must state:
3810	3810	(1) the nature of the election, including the
3811	3811	proposition to appear on the ballot;
3812	3812	(2) the date of the election;
3813	3813	(3) the hours during which the polls will be open; and
3814	3814	(4) the location of the polling places.
3815	3815	(e) Section 41.001(a), Election Code, does not apply to an
3816	3816	election ordered under this section. (Acts 59th Leg., R.S., Ch.
3817	3817	477, Secs. 20b(a), (b), (c) (part).)
3818	3818	Sec. 1067.302. NOTICE OF ELECTION. (a) The board shall give
3819	3819	notice of an election under this subchapter by publishing once a
3820	3820	week for two consecutive weeks a substantial copy of the election
3821	3821	order in a newspaper with general circulation in the district.
3822	3822	(b) The first publication of the notice must appear not
3823	3823	later than the 35th day before the date set for the election. (Acts
3824	3824	59th Leg., R.S., Ch. 477, Sec. 20b(d) (part).)
3825	3825	Sec. 1067.303. BALLOT. The ballot for an election under
3826	3826	this subchapter must be printed to permit voting for or against the
3827	3827	proposition: "The dissolution of the Muenster Hospital District."
3828	3828	(Acts 59th Leg., R.S., Ch. 477, Sec. 20b(d) (part).)
3829	3829	Sec. 1067.304. ELECTION RESULTS. (a) If a majority of the
3830	3830	votes in an election under this subchapter favor dissolution, the
3831	3831	board shall find that the district is dissolved.
3832	3832	(b) If a majority of the votes in the election do not favor
3833	3833	dissolution, the board shall continue to administer the district
3834	3834	and another election on the question of dissolution may not be held
3835	3835	before the first anniversary of the date of the most recent election
3836	3836	to dissolve the district. (Acts 59th Leg., R.S., Ch. 477, Sec.
3837	3837	20b(e).)
3838	3838	Sec. 1067.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
3839	3839	If a majority of the votes in an election under this subchapter
3840	3840	favor dissolution, the board shall:
3841	3841	(1) transfer the land, buildings, improvements,
3842	3842	equipment, and other assets that belong to the district to Cooke
3843	3843	County or another governmental entity in Cooke County; or
3844	3844	(2) administer the property, assets, and debts until
3845	3845	all money has been disposed of and all district debts have been paid
3846	3846	or settled.
3847	3847	(b) If the board makes the transfer under Subsection (a)(1),
3848	3848	the county or entity assumes all debts and obligations of the
3849	3849	district at the time of the transfer, and the district is dissolved.
3850	3850	(Acts 59th Leg., R.S., Ch. 477, Secs. 20b(f), (g).)
3851	3851	Sec. 1067.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
3852	3852	(a) Notwithstanding any other provision of this chapter, the
3853	3853	district may not be dissolved unless the board provides for the sale
3854	3854	or transfer of the district's assets and liabilities to another
3855	3855	person.
3856	3856	(b) The dissolution of the district and the sale or transfer
3857	3857	of the district's assets or liabilities may not contravene a trust
3858	3858	indenture or bond resolution relating to the district's outstanding
3859	3859	bonds. The dissolution and sale or transfer does not diminish or
3860	3860	impair the rights of a holder of an outstanding bond, warrant, or
3861	3861	other obligation of the district.
3862	3862	(c) The sale or transfer of the district's assets and
3863	3863	liabilities must satisfy the debt and bond obligations of the
3864	3864	district in a manner that protects the interests of district
3865	3865	residents, including the residents' collective property rights in
3866	3866	the district's assets.
3867	3867	(d) The district may not transfer or dispose of the
3868	3868	district's assets except for due compensation unless:
3869	3869	(1) the transfer is made to another governmental
3870	3870	entity that serves the district; and
3871	3871	(2) the transferred assets are to be used for the
3872	3872	benefit of the district's residents.
3873	3873	(e) A grant from federal funds is an obligation to be repaid
3874	3874	in satisfaction. (Acts 59th Leg., R.S., Ch. 477, Secs. 20b(m),
3875	3875	(n).)
3876	3876	Sec. 1067.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
3877	3877	TAXES. (a) After the board finds that the district is dissolved,
3878	3878	the board shall:
3879	3879	(1) determine the debt owed by the district; and
3880	3880	(2) impose on the property included in the district's
3881	3881	tax rolls a tax that is in proportion of the debt to the property
3882	3882	value.
3883	3883	(b) On the payment of all outstanding debts and obligations
3884	3884	of the district, the board shall order the secretary to return to
3885	3885	each district taxpayer the taxpayer's pro rata share of all unused
3886	3886	tax money.
3887	3887	(c) A taxpayer may request that the taxpayer's share of
3888	3888	surplus tax money be credited to the taxpayer's county taxes. If a
3889	3889	taxpayer requests the credit, the board shall direct the secretary
3890	3890	to transmit the money to the county tax assessor-collector. (Acts
3891	3891	59th Leg., R.S., Ch. 477, Secs. 20b(h), (i), (j).)
3892	3892	Sec. 1067.308. REPORT; DISSOLUTION ORDER. (a) After the
3893	3893	district has paid all district debts and has disposed of all
3894	3894	district money and other assets as prescribed by this subchapter,
3895	3895	the board shall file a written report with the Commissioners Court
3896	3896	of Cooke County summarizing the board's actions in dissolving the
3897	3897	district.
3898	3898	(b) Not later than the 10th day after the date the
3899	3899	Commissioners Court of Cooke County receives the report and
3900	3900	determines that the requirements of this subchapter have been
3901	3901	fulfilled, the commissioners court shall enter an order dissolving
3902	3902	the district and releasing the board from any further duty or
3903	3903	obligation. (Acts 59th Leg., R.S., Ch. 477, Secs. 20b(k), (l).)
3904	3904	CHAPTER 1072. MAVERICK COUNTY HOSPITAL DISTRICT
3905	3905	SUBCHAPTER A. GENERAL PROVISIONS
3906	3906	Sec. 1072.001. DEFINITIONS
3907	3907	Sec. 1072.002. AUTHORITY FOR CREATION
3908	3908	Sec. 1072.003. ESSENTIAL PUBLIC FUNCTION
3909	3909	Sec. 1072.004. DISTRICT TERRITORY
3910	3910	Sec. 1072.005. DISTRICT SUPPORT AND MAINTENANCE NOT
3911	3911	STATE OBLIGATION
3912	3912	Sec. 1072.006. RESTRICTION ON STATE FINANCIAL
3913	3913	ASSISTANCE
3914	3914	[Sections 1072.007-1072.050 reserved for expansion]
3915	3915	SUBCHAPTER B. DISTRICT ADMINISTRATION
3916	3916	Sec. 1072.051. BOARD ELECTION; TERMS
3917	3917	Sec. 1072.052. QUALIFICATIONS FOR OFFICE
3918	3918	Sec. 1072.053. BOND; RECORD OF BOND AND OATH OR
3919	3919	AFFIRMATION OF OFFICE
3920	3920	Sec. 1072.054. BOARD VACANCY
3921	3921	Sec. 1072.055. OFFICERS
3922	3922	Sec. 1072.056. COMPENSATION; EXPENSES
3923	3923	Sec. 1072.057. VOTING REQUIREMENT
3924	3924	Sec. 1072.058. DISTRICT ADMINISTRATOR
3925	3925	Sec. 1072.059. EMPLOYMENT OF MEDICAL STAFF AND OTHER
3926	3926	HEALTH CARE PROVIDERS
3927	3927	Sec. 1072.060. APPOINTMENT AND REMOVAL OF MEDICAL
3928	3928	STAFF
3929	3929	Sec. 1072.061. RECRUITMENT AND RETENTION OF MEDICAL
3930	3930	STAFF AND PROFESSIONAL PERSONNEL
3931	3931	Sec. 1072.062. OTHER DISTRICT EMPLOYEES
3932	3932	Sec. 1072.063. RETIREMENT BENEFITS
3933	3933	Sec. 1072.064. MAINTENANCE OF RECORDS; PUBLIC
3934	3934	INSPECTION
3935	3935	[Sections 1072.065-1072.100 reserved for expansion]
3936	3936	SUBCHAPTER C. POWERS AND DUTIES
3937	3937	Sec. 1072.101. DISTRICT RESPONSIBILITY
3938	3938	Sec. 1072.102. ANNUAL DETERMINATION OF CARE
3939	3939	Sec. 1072.103. RESTRICTION ON POLITICAL SUBDIVISION
3940	3940	TAXATION AND DEBT
3941	3941	Sec. 1072.104. MANAGEMENT AND CONTROL OF DISTRICT
3942	3942	Sec. 1072.105. RULES
3943	3943	Sec. 1072.106. PURCHASING AND ACCOUNTING PROCEDURES
3944	3944	Sec. 1072.107. DISTRICT PROPERTY, FACILITIES, AND
3945	3945	EQUIPMENT
3946	3946	Sec. 1072.108. EMINENT DOMAIN
3947	3947	Sec. 1072.109. GIFTS AND ENDOWMENTS
3948	3948	Sec. 1072.110. CONSTRUCTION CONTRACTS
3949	3949	Sec. 1072.111. OPERATING AND MANAGEMENT CONTRACTS
3950	3950	Sec. 1072.112. CONTRACTS WITH POLITICAL SUBDIVISIONS
3951	3951	AND MEDICAL CARE
3952	3952	Sec. 1072.113. PAYMENT FOR TREATMENT; PROCEDURES
3953	3953	Sec. 1072.114. REIMBURSEMENT FOR SERVICE
3954	3954	Sec. 1072.115. CHARITABLE ORGANIZATION
3955	3955	Sec. 1072.116. NONPROFIT CORPORATION
3956	3956	[Sections 1072.117-1072.150 reserved for expansion]
3957	3957	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3958	3958	Sec. 1072.151. BUDGET
3959	3959	Sec. 1072.152. ADOPTION OF PROPOSED BUDGET: NOTICE AND
3960	3960	HEARING
3961	3961	Sec. 1072.153. FISCAL YEAR
3962	3962	Sec. 1072.154. ANNUAL AUDIT
3963	3963	Sec. 1072.155. DEPOSITORY
3964	3964	Sec. 1072.156. AUTHORITY TO BORROW MONEY; SECURITY
3965	3965	[Sections 1072.157-1072.200 reserved for expansion]
3966	3966	SUBCHAPTER E. BONDS
3967	3967	Sec. 1072.201. BONDS
3968	3968	Sec. 1072.202. TAX TO PAY GENERAL OBLIGATION BONDS
3969	3969	Sec. 1072.203. BOND ELECTION
3970	3970	Sec. 1072.204. REVENUE BONDS
3971	3971	Sec. 1072.205. REFUNDING BONDS
3972	3972	Sec. 1072.206. MATURITY OF BONDS
3973	3973	Sec. 1072.207. EXECUTION OF BONDS
3974	3974	Sec. 1072.208. BONDS EXEMPT FROM TAXATION
3975	3975	[Sections 1072.209-1072.250 reserved for expansion]
3976	3976	SUBCHAPTER F. TAXES
3977	3977	Sec. 1072.251. IMPOSITION OF AD VALOREM TAX
3978	3978	Sec. 1072.252. TAX RATE
3979	3979	Sec. 1072.253. TAX ASSESSOR-COLLECTOR
3980	3980	CHAPTER 1072. MAVERICK COUNTY HOSPITAL DISTRICT
3981	3981	SUBCHAPTER A. GENERAL PROVISIONS
3982	3982	Sec. 1072.001. DEFINITIONS. In this chapter:
3983	3983	(1) "Board" means the board of directors of the
3984	3984	district.
3985	3985	(2) "Director" means a member of the board.
3986	3986	(3) "District" means the Maverick County Hospital
3987	3987	District. (New.)
3988	3988	Sec. 1072.002. AUTHORITY FOR CREATION. The Maverick County
3989	3989	Hospital District is created under the authority of Section 9,
3990	3990	Article IX, Texas Constitution. (Acts 59th Leg., R.S., Ch. 172,
3991	3991	Sec. 1.)
3992	3992	Sec. 1072.003. ESSENTIAL PUBLIC FUNCTION. The district is
3993	3993	a public entity performing an essential public function. (Acts
3994	3994	59th Leg., R.S., Ch. 172, Sec. 10(j) (part).)
3995	3995	Sec. 1072.004. DISTRICT TERRITORY. The boundaries of the
3996	3996	district are coextensive with the boundaries of Maverick County.
3997	3997	(Acts 59th Leg., R.S., Ch. 172, Sec. 2.)
3998	3998	Sec. 1072.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
3999	3999	OBLIGATION. The support and maintenance of the district's hospital
4000	4000	system and any indebtedness incurred by the district under this
4001	4001	chapter may not become a charge against or obligation of this state.
4002	4002	(Acts 59th Leg., R.S., Ch. 172, Sec. 17 (part).)
4003	4003	Sec. 1072.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
4004	4004	The legislature may not make a direct appropriation for the
4005	4005	construction, maintenance, or improvement of a district facility.
4006	4006	(Acts 59th Leg., R.S., Ch. 172, Sec. 17 (part).)
4007	4007	[Sections 1072.007-1072.050 reserved for expansion]
4008	4008	SUBCHAPTER B. DISTRICT ADMINISTRATION
4009	4009	Sec. 1072.051. BOARD ELECTION; TERMS. (a) The board
4010	4010	consists of five directors elected by district voters.
4011	4011	(b) Directors serve staggered four-year terms.
4012	4012	(c) An election shall be held on the first Tuesday after the
4013	4013	first Monday in November of each year to elect the appropriate
4014	4014	number of directors. (Acts 59th Leg., R.S., Ch. 172, Secs. 5(a)
4015	4015	(part), (d), (e) (part).)
4016	4016	Sec. 1072.052. QUALIFICATIONS FOR OFFICE. (a) To qualify
4017	4017	for election to the board, a person must be:
4018	4018	(1) a district resident; and
4019	4019	(2) a qualified voter.
4020	4020	(b) A person may not serve on the board if the person is:
4021	4021	(1) a party to a contract with the district to perform
4022	4022	services for the district for compensation; or
4023	4023	(2) a district employee.
4024	4024	(c) A director is eligible for reelection to the board.
4025	4025	(Acts 59th Leg., R.S., Ch. 172, Secs. 5(b), (c), (e) (part).)
4026	4026	Sec. 1072.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
4027	4027	OF OFFICE. (a) Each director shall qualify for office by executing
4028	4028	a good and sufficient commercial bond for $1,000 that is:
4029	4029	(1) payable to the district; and
4030	4030	(2) conditioned on the faithful performance of the
4031	4031	director's duties.
4032	4032	(b) The district shall pay for a director's bond.
4033	4033	(c) Each director's bond and constitutional oath or
4034	4034	affirmation of office shall be deposited with the district's
4035	4035	depository for safekeeping. (Acts 59th Leg., R.S., Ch. 172, Sec.
4036	4036	6(a).)
4037	4037	Sec. 1072.054. BOARD VACANCY. (a) If a vacancy occurs in
4038	4038	the office of director, the remaining directors by a unanimous vote
4039	4039	shall appoint a director for the unexpired term.
4040	4040	(b) The appointed director must have the qualifications
4041	4041	required by Section 1072.052. (Acts 59th Leg., R.S., Ch. 172, Sec.
4042	4042	5(f).)
4043	4043	Sec. 1072.055. OFFICERS. The board shall elect from among
4044	4044	its members a president, a secretary, and a treasurer at the first
4045	4045	meeting after each directors' election. (Acts 59th Leg., R.S., Ch.
4046	4046	172, Sec. 6(b).)
4047	4047	Sec. 1072.056. COMPENSATION; EXPENSES. A director is not
4048	4048	entitled to compensation but is entitled to reimbursement for
4049	4049	necessary expenses incurred in the performance of official duties.
4050	4050	(Acts 59th Leg., R.S., Ch. 172, Sec. 6(c).)
4051	4051	Sec. 1072.057. VOTING REQUIREMENT. A concurrence of a
4052	4052	majority of the directors voting is sufficient in any matter
4053	4053	relating to the business of the district. (Acts 59th Leg., R.S., Ch.
4054	4054	172, Sec. 5(g) (part).)
4055	4055	Sec. 1072.058. DISTRICT ADMINISTRATOR. (a) The board may
4056	4056	authorize the appointment, engagement, or employment of a district
4057	4057	administrator to manage the operations of the district.
4058	4058	(b) The district administrator serves at the will of the
4059	4059	board and is subject to rules adopted by the board.
4060	4060	(c) The board may require that a person, before assuming the
4061	4061	duties of district administrator, execute a bond in an amount
4062	4062	determined by the board of not less than $10,000 that is:
4063	4063	(1) payable to the district; and
4064	4064	(2) conditioned on the faithful performance of the
4065	4065	person's duties as district administrator under this chapter.
4066	4066	(d) The board may pay for the bond with district money.
4067	4067	(Acts 59th Leg., R.S., Ch. 172, Secs. 11(e) (part), (f), (g).)
4068	4068	Sec. 1072.059. EMPLOYMENT OF MEDICAL STAFF AND OTHER HEALTH
4069	4069	CARE PROVIDERS. (a) The board may employ physicians, dentists, or
4070	4070	other health care providers as the board considers necessary for
4071	4071	the efficient operation of the district.
4072	4072	(b) This section does not authorize the board to supervise
4073	4073	or control the practice of medicine or permit the unauthorized
4074	4074	practice of medicine, as prohibited by Subtitle B, Title 3,
4075	4075	Occupations Code. (Acts 59th Leg., R.S., Ch. 172, Sec. 11(k-1).)
4076	4076	Sec. 1072.060. APPOINTMENT AND REMOVAL OF MEDICAL STAFF.
4077	4077	(a) The board may appoint a physician to or remove a physician from
4078	4078	the staff of any hospital or hospital system that is a component of
4079	4079	the district's operations as the board considers necessary for the
4080	4080	efficient operation of the district.
4081	4081	(b) The board may adopt rules relating to the method of
4082	4082	appointing or removing medical staff members, including the method
4083	4083	for temporary appointments. (Acts 59th Leg., R.S., Ch. 172, Sec.
4084	4084	11(k).)
4085	4085	Sec. 1072.061. RECRUITMENT AND RETENTION OF MEDICAL STAFF
4086	4086	AND PROFESSIONAL PERSONNEL. The board may, consistent with
4087	4087	applicable federal and state laws, recruit and retain physicians,
4088	4088	nurses, technicians, and other professional personnel through:
4089	4089	(1) scholarship programs;
4090	4090	(2) agreements for future services;
4091	4091	(3) shared personnel;
4092	4092	(4) bonuses; and
4093	4093	(5) any other method the board determines necessary.
4094	4094	(Acts 59th Leg., R.S., Ch. 172, Sec. 11(l).)
4095	4095	Sec. 1072.062. OTHER DISTRICT EMPLOYEES. (a) The board may
4096	4096	authorize the employment of persons necessary for the efficient
4097	4097	operation of the district.
4098	4098	(b) An employee serves at the will of the board and is
4099	4099	subject to rules adopted by the board. (Acts 59th Leg., R.S., Ch.
4100	4100	172, Secs. 11(e) (part), (f).)
4101	4101	Sec. 1072.063. RETIREMENT BENEFITS. The board may provide
4102	4102	retirement benefits for district employees by:
4103	4103	(1) establishing or administering a retirement
4104	4104	program; or
4105	4105	(2) participating in:
4106	4106	(A) the Texas County and District Retirement
4107	4107	System; or
4108	4108	(B) another statewide retirement system in which
4109	4109	the district is eligible to participate. (Acts 59th Leg., R.S., Ch.
4110	4110	172, Sec. 11(m).)
4111	4111	Sec. 1072.064. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
4112	4112	The board shall:
4113	4113	(1) maintain all district records, including books,
4114	4114	accounts, notices, minutes, and other matters of the district and
4115	4115	its operation, at the district office; and
4116	4116	(2) make those records available for public inspection
4117	4117	at reasonable times. (Acts 59th Leg., R.S., Ch. 172, Sec. 11(b).)
4118	4118	[Sections 1072.065-1072.100 reserved for expansion]
4119	4119	SUBCHAPTER C. POWERS AND DUTIES
4120	4120	Sec. 1072.101. DISTRICT RESPONSIBILITY. (a) The district
4121	4121	has the responsibility of undertaking any measure, consistent with
4122	4122	Section 9, Article IX, Texas Constitution, and this chapter, that
4123	4123	the board determines is necessary to provide hospital and medical
4124	4124	care to the district's needy residents.
4125	4125	(b) The district shall undertake any measure, consistent
4126	4126	with Section 9, Article IX, Texas Constitution, and this chapter,
4127	4127	that the board determines is necessary to provide hospital and
4128	4128	medical care for the district's needy inhabitants. (Acts 59th Leg.,
4129	4129	R.S., Ch. 172, Sec. 3 (part), as amended Acts 79th Leg., R.S., Chs.
4130	4130	1237, 1351.)
4131	4131	Sec. 1072.102. ANNUAL DETERMINATION OF CARE. The board,
4132	4132	based on the estimated amount of revenue and balances available to
4133	4133	cover the proposed annual budget for the district, may annually
4134	4134	determine the type and extent of hospital and medical care services
4135	4135	offered by the district. (Acts 59th Leg., R.S., Ch. 172, Sec.
4136	4136	11(n), as amended Acts 79th Leg., R.S., Chs. 1237, 1351.)
4137	4137	Sec. 1072.103. RESTRICTION ON POLITICAL SUBDIVISION
4138	4138	TAXATION AND DEBT. A political subdivision of this state, other
4139	4139	than the district, may not impose a tax or issue bonds or other
4140	4140	obligations to provide hospital service or medical care in the
4141	4141	district. (Acts 59th Leg., R.S., Ch. 172, Sec. 3 (part), as amended
4142	4142	Acts 79th Leg., R.S., Chs. 1237, 1351.)
4143	4143	Sec. 1072.104. MANAGEMENT AND CONTROL OF DISTRICT. The
4144	4144	management and control of the district is vested in the board, and
4145	4145	the board has full power to manage and control the district. (Acts
4146	4146	59th Leg., R.S., Ch. 172, Secs. 5(a) (part), 11(a) (part).)
4147	4147	Sec. 1072.105. RULES. (a) The board shall adopt rules for
4148	4148	the efficient operation of the district, including district
4149	4149	facilities.
4150	4150	(b) The board shall:
4151	4151	(1) publish the rules in book form; and
4152	4152	(2) provide copies to interested persons on request at
4153	4153	district expense. (Acts 59th Leg., R.S., Ch. 172, Sec. 11(c).)
4154	4154	Sec. 1072.106. PURCHASING AND ACCOUNTING PROCEDURES. The
4155	4155	board may prescribe the method of making purchases and expenditures
4156	4156	and the manner of accounting and control used by the district.
4157	4157	(Acts 59th Leg., R.S., Ch. 172, Sec. 11(e) (part).)
4158	4158	Sec. 1072.107. DISTRICT PROPERTY, FACILITIES, AND
4159	4159	EQUIPMENT. (a) The board may:
4160	4160	(1) lease or acquire property, including facilities
4161	4161	and equipment, for the use of the district; and
4162	4162	(2) mortgage or pledge the property as security for
4163	4163	the payment of the purchase price.
4164	4164	(b) The board may sell, lease, or otherwise dispose of
4165	4165	property, including facilities or equipment, for the district.
4166	4166	Sale or other disposal under this subsection must be at a public
4167	4167	sale and at a price and on the terms the board determines are most
4168	4168	advantageous to the district.
4169	4169	(c) The board may donate to another governmental entity or
4170	4170	to a charitable organization any surplus personal property or
4171	4171	equipment if the donation serves a public purpose and is
4172	4172	accompanied by adequate consideration. (Acts 59th Leg., R.S., Ch.
4173	4173	172, Secs. 11(o), (p).)
4174	4174	Sec. 1072.108. EMINENT DOMAIN. (a) The district may
4175	4175	exercise the power of eminent domain to acquire a fee simple or
4176	4176	other interest in real, personal, or mixed property located in
4177	4177	district territory if the interest is necessary or convenient for
4178	4178	the district to exercise a power or duty conferred on the district
4179	4179	by this chapter.
4180	4180	(b) The district must exercise the power of eminent domain
4181	4181	in the manner provided by Chapter 21, Property Code, except the
4182	4182	district is not required to deposit in the trial court money or a
4183	4183	bond as provided by Section 21.021(a), Property Code.
4184	4184	(c) In a condemnation proceeding, the district is not
4185	4185	required to:
4186	4186	(1) pay in advance or provide a bond or other security
4187	4187	for costs in the trial court; or
4188	4188	(2) provide a bond for costs or a supersedeas bond on
4189	4189	an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 172,
4190	4190	Sec. 14.)
4191	4191	Sec. 1072.109. GIFTS AND ENDOWMENTS. The board may accept
4192	4192	for the district a gift or endowment to be held in trust and
4193	4193	administered by the board under the directions, limitations, or
4194	4194	other provisions prescribed in writing by the donor that are not
4195	4195	inconsistent with the proper management of the district. (Acts
4196	4196	59th Leg., R.S., Ch. 172, Sec. 11(h).)
4197	4197	Sec. 1072.110. CONSTRUCTION CONTRACTS. (a) The board may
4198	4198	enter into construction contracts for the district.
4199	4199	(b) A construction contract awarded by the district that
4200	4200	involves the expenditure of more than the amount provided by
4201	4201	Section 271.024, Local Government Code, must be competitively bid
4202	4202	as provided by Subchapter B, Chapter 271, Local Government Code.
4203	4203	(Acts 59th Leg., R.S., Ch. 172, Sec. 11(q) (part).)
4204	4204	Sec. 1072.111. OPERATING AND MANAGEMENT CONTRACTS. The
4205	4205	board may enter into an operating or management contract relating
4206	4206	to hospital services or medical care the district is authorized to
4207	4207	provide. (Acts 59th Leg., R.S., Ch. 172, Sec. 11(r).)
4208	4208	Sec. 1072.112. CONTRACTS WITH POLITICAL SUBDIVISIONS OR
4209	4209	GOVERNMENT AGENCIES FOR HOSPITAL AND MEDICAL CARE. The board may
4210	4210	contract with a municipality or other political subdivision or a
4211	4211	state or federal agency to provide hospital and medical care for
4212	4212	needy persons who reside outside the district. (Acts 59th Leg.,
4213	4213	R.S., Ch. 172, Sec. 11(i).)
4214	4214	Sec. 1072.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) A
4215	4215	person who resides in the district is entitled to receive necessary
4216	4216	medical and hospital care regardless of whether the person has the
4217	4217	ability to pay for the care and may apply to receive this care
4218	4218	without cost.
4219	4219	(b) The board or the district administrator shall employ a
4220	4220	person to investigate the ability of the patient and any relative
4221	4221	who is liable for the patient's support to pay for the medical and
4222	4222	hospital care received by the patient.
4223	4223	(c) If the district determines that the patient or relative
4224	4224	legally liable for the patient's support cannot pay all or part of
4225	4225	the costs of the patient's care, the expense of the care becomes a
4226	4226	charge against the district.
4227	4227	(d) If the patient or a relative legally liable for the
4228	4228	patient's support can pay for all or part of the costs of the
4229	4229	patient's care, the board shall order the patient or relative to pay
4230	4230	to the district each week an amount specified in the order. The
4231	4231	amount must be proportionate to the person's ability to pay.
4232	4232	(e) The district administrator may collect the amount from
4233	4233	the patient's estate, or from any relative who is liable for the
4234	4234	patient's support, in the manner provided by law for the collection
4235	4235	of expenses of the last illness of a deceased person.
4236	4236	(f) If there is a dispute as to the ability to pay, the board
4237	4237	shall hold a hearing and, after calling witnesses, shall:
4238	4238	(1) determine the question; and
4239	4239	(2) make the proper order based on the board's
4240	4240	findings.
4241	4241	(g) A party to the hearing who is not satisfied with the
4242	4242	result of the order may appeal to the district court. The
4243	4243	substantial evidence rule applies to the appeal. (Acts 59th Leg.,
4244	4244	R.S., Ch. 172, Sec. 13.)
4245	4245	Sec. 1072.114. REIMBURSEMENT FOR SERVICE. (a) The board
4246	4246	shall require a county, municipal, or other public hospital located
4247	4247	outside the district to reimburse the district for the district's
4248	4248	care and treatment of a patient of that hospital as provided by
4249	4249	Chapter 61, Health and Safety Code.
4250	4250	(b) The board shall require the sheriff of Maverick County
4251	4251	or the police chief of a municipality in the district to reimburse
4252	4252	the district for the district's care and treatment of a person who
4253	4253	is confined in a jail facility of the county or municipality and is
4254	4254	not a resident of the district. (Acts 59th Leg., R.S., Ch. 172,
4255	4255	Sec. 11(j).)
4256	4256	Sec. 1072.115. CHARITABLE ORGANIZATION. (a) In this
4257	4257	section, "charitable organization" means an organization that is
4258	4258	exempt from federal income tax under Section 501(a) of the Internal
4259	4259	Revenue Code of 1986 by being listed as an exempt organization in
4260	4260	Section 501(c)(3) or 501(c)(4) of the code.
4261	4261	(b) The board may facilitate the achievement of district
4262	4262	purposes by creating a charitable organization to:
4263	4263	(1) provide or arrange for hospital and health care
4264	4264	services;
4265	4265	(2) develop resources for hospital and health care
4266	4266	services; and
4267	4267	(3) provide ancillary support services for the
4268	4268	district.
4269	4269	(c) A charitable organization created under this section is
4270	4270	a unit of local government for purposes of Chapter 101, Civil
4271	4271	Practice and Remedies Code. (Acts 59th Leg., R.S., Ch. 172, Secs.
4272	4272	11(s), (u).)
4273	4273	Sec. 1072.116. NONPROFIT CORPORATION. (a) The board, on
4274	4274	the district's behalf, may create and sponsor a nonprofit
4275	4275	corporation under the Business Organizations Code and may
4276	4276	contribute money to or solicit money for the corporation.
4277	4277	(b) The corporation may use money, other than money the
4278	4278	corporation pays to the district, only to provide health care or
4279	4279	other services the district is authorized to provide under this
4280	4280	chapter.
4281	4281	(c) The corporation may invest the corporation's money in
4282	4282	any manner in which the district may invest the district's money,
4283	4283	including investing money as authorized by Chapter 2256, Government
4284	4284	Code.
4285	4285	(d) The board shall establish adequate controls to ensure
4286	4286	that the corporation uses its money as required by this section.
4287	4287	(Acts 59th Leg., R.S., Ch. 172, Sec. 11(t).)
4288	4288	[Sections 1072.117-1072.150 reserved for expansion]
4289	4289	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4290	4290	Sec. 1072.151. BUDGET. The district administrator shall
4291	4291	prepare a proposed budget that includes:
4292	4292	(1) proposed expenditures and disbursements;
4293	4293	(2) estimated receipts and collections for the next
4294	4294	fiscal year; and
4295	4295	(3) the amount of taxes required to be imposed to meet
4296	4296	the proposed budget. (Acts 59th Leg., R.S., Ch. 172, Sec. 12(b).)
4297	4297	Sec. 1072.152. ADOPTION OF PROPOSED BUDGET: NOTICE AND
4298	4298	HEARING. (a) The board shall hold a public hearing on the proposed
4299	4299	budget.
4300	4300	(b) Notice of the hearing must be published at least once in
4301	4301	a newspaper of general circulation in the district not later than
4302	4302	the 10th day before the date of the hearing.
4303	4303	(c) Any district resident is entitled to:
4304	4304	(1) appear at the hearing; and
4305	4305	(2) be heard regarding any item in the proposed
4306	4306	budget.
4307	4307	(d) At the conclusion of the hearing, the board shall adopt
4308	4308	a budget for the district that includes any changes to the proposed
4309	4309	budget that the board determines are in the best interest of the
4310	4310	district. (Acts 59th Leg., R.S., Ch. 172, Secs. 12(c), (d), (e).)
4311	4311	Sec. 1072.153. FISCAL YEAR. The district's fiscal year is
4312	4312	from September 1 through August 31. (Acts 59th Leg., R.S., Ch. 172,
4313	4313	Sec. 12(a).)
4314	4314	Sec. 1072.154. ANNUAL AUDIT. (a) The board annually shall
4315	4315	require an independent audit of the district's books and records.
4316	4316	(b) Not later than January 1 of each year, the board shall:
4317	4317	(1) file a copy of the audit with the district; and
4318	4318	(2) provide a copy of the audit at each public library
4319	4319	located in the district. (Acts 59th Leg., R.S., Ch. 172, Sec.
4320	4320	11(d).)
4321	4321	Sec. 1072.155. DEPOSITORY. (a) The board by resolution
4322	4322	shall designate a bank in Maverick County as the district's
4323	4323	depository. A designated bank serves for two years and until a
4324	4324	successor is designated.
4325	4325	(b) All district money shall be deposited in the depository
4326	4326	and secured in the manner provided for securing county funds. (Acts
4327	4327	59th Leg., R.S., Ch. 172, Sec. 15.)
4328	4328	Sec. 1072.156. AUTHORITY TO BORROW MONEY; SECURITY. (a)
4329	4329	The board may borrow money at a rate of not more than 10 percent a
4330	4330	year on district notes to pay the obligations if the board declares
4331	4331	that money is not available to meet authorized district
4332	4332	obligations, which creates an emergency.
4333	4333	(b) To secure a loan, the board may pledge:
4334	4334	(1) district revenue that is not pledged to pay the
4335	4335	district's bonded indebtedness;
4336	4336	(2) a district tax to be imposed by the district in the
4337	4337	next 12-month period that is not pledged to pay the principal of or
4338	4338	interest on district bonds; or
4339	4339	(3) district bonds that have been authorized but not
4340	4340	sold.
4341	4341	(c) A loan for which taxes or bonds are pledged must mature
4342	4342	not later than the first anniversary of the date the loan is made. A
4343	4343	loan for which district revenue is pledged must mature not later
4344	4344	than the fifth anniversary of the date the loan is made.
4345	4345	(d) Money obtained from a loan under this section may be
4346	4346	spent only for:
4347	4347	(1) a purpose for which the board declared an
4348	4348	emergency; and
4349	4349	(2) if district taxes or bonds are pledged to pay the
4350	4350	loan, the purposes for which the taxes were imposed or the bonds
4351	4351	were authorized. (Acts 59th Leg., R.S., Ch. 172, Sec. 11A.)
4352	4352	[Sections 1072.157-1072.200 reserved for expansion]
4353	4353	SUBCHAPTER E. BONDS
4354	4354	Sec. 1072.201. BONDS. The district may issue bonds to:
4355	4355	(1) purchase, construct, acquire, repair, or renovate
4356	4356	buildings or improvements; and
4357	4357	(2) equip buildings for hospital purposes. (Acts 59th
4358	4358	Leg., R.S., Ch. 172, Sec. 9(a) (part).)
4359	4359	Sec. 1072.202. TAX TO PAY GENERAL OBLIGATION BONDS. The
4360	4360	board may issue general obligation bonds only if the board imposes
4361	4361	an ad valorem tax at a rate sufficient to create an interest and
4362	4362	sinking fund to pay the principal of and interest on the bonds as
4363	4363	the bonds mature. (Acts 59th Leg., R.S., Ch. 172, Sec. 10(b).)
4364	4364	Sec. 1072.203. BOND ELECTION. (a) The board may issue
4365	4365	general obligation bonds only if the bonds are authorized by a
4366	4366	majority of district voters voting in an election held for that
4367	4367	purpose.
4368	4368	(b) The board may order a bond election at any time.
4369	4369	(c) The order calling an election must include:
4370	4370	(1) the time of the election;
4371	4371	(2) the location of the polling places;
4372	4372	(3) the form of the ballot;
4373	4373	(4) the presiding judge for each polling place;
4374	4374	(5) the purpose of the bond issuance;
4375	4375	(6) the amount of the bonds to be authorized;
4376	4376	(7) the maximum interest rate of the bonds; and
4377	4377	(8) the maximum maturity of the bonds.
4378	4378	(d) A substantial copy of the election order shall be
4379	4379	published in a newspaper of general circulation in the district
4380	4380	once a week for two consecutive weeks before the date of the
4381	4381	election. The first notice must be published at least 14 days
4382	4382	before the date of the election.
4383	4383	(e) A copy of the election results must be filed with the
4384	4384	county clerk and become a public record. (Acts 59th Leg., R.S., Ch.
4385	4385	172, Secs. 4(c), (d), (e) (part), 9(a) (part), (b), (d) (part).)
4386	4386	Sec. 1072.204. REVENUE BONDS. (a) The district may issue
4387	4387	revenue bonds to:
4388	4388	(1) acquire, construct, repair, renovate, or equip
4389	4389	buildings or improvements for hospital purposes; or
4390	4390	(2) acquire real property for district purposes.
4391	4391	(b) The bonds must be payable from and secured by a pledge of
4392	4392	all or part of the revenue derived from the operation of the
4393	4393	district's hospital system.
4394	4394	(c) The bonds must be issued in the manner provided by
4395	4395	Sections 264.042, 264.043, 264.044, 264.045, 264.046, 264.047,
4396	4396	264.048, and 264.049, Health and Safety Code, for issuance of
4397	4397	revenue bonds by a county hospital authority. (Acts 59th Leg.,
4398	4398	R.S., Ch. 172, Secs. 10(d), (e), (f).)
4399	4399	Sec. 1072.205. REFUNDING BONDS. (a) The board may issue
4400	4400	refunding bonds to refund outstanding indebtedness issued or
4401	4401	assumed by the district.
4402	4402	(b) A refunding bond may be:
4403	4403	(1) sold, with the proceeds of the bond applied to the
4404	4404	payment of the outstanding indebtedness; or
4405	4405	(2) exchanged wholly or partly for not less than a
4406	4406	similar principal amount of outstanding indebtedness. (Acts 59th
4407	4407	Leg., R.S., Ch. 172, Sec. 10(g) (part).)
4408	4408	Sec. 1072.206. MATURITY OF BONDS. District bonds must
4409	4409	mature not later than 50 years after the date of issuance. (Acts
4410	4410	59th Leg., R.S., Ch. 172, Sec. 9(c) (part).)
4411	4411	Sec. 1072.207. EXECUTION OF BONDS. (a) The board president
4412	4412	shall execute the district's bonds in the district's name.
4413	4413	(b) The board secretary shall countersign the bonds. (Acts
4414	4414	59th Leg., R.S., Ch. 172, Sec. 10(a) (part).)
4415	4415	Sec. 1072.208. BONDS EXEMPT FROM TAXATION. The following
4416	4416	are exempt from taxation by this state or a political subdivision of
4417	4417	this state:
4418	4418	(1) bonds issued by the district;
4419	4419	(2) any transaction relating to the bonds; and
4420	4420	(3) profits made in the sale of the bonds. (Acts 59th
4421	4421	Leg., R.S., Ch. 172, Sec. 10(j) (part).)
4422	4422	[Sections 1072.209-1072.250 reserved for expansion]
4423	4423	SUBCHAPTER F. TAXES
4424	4424	Sec. 1072.251. IMPOSITION OF AD VALOREM TAX. (a) The board
4425	4425	shall impose a tax on all property in the district subject to
4426	4426	district taxation.
4427	4427	(b) The tax may be used only to:
4428	4428	(1) pay the interest on and create a sinking fund for
4429	4429	bonds issued under this chapter;
4430	4430	(2) provide for the operation and maintenance of the
4431	4431	district and hospital system;
4432	4432	(3) make improvements and additions to the hospital
4433	4433	system;
4434	4434	(4) acquire sites for additions to the hospital
4435	4435	system; and
4436	4436	(5) pay the indebtedness issued or assumed by the
4437	4437	district. (Acts 59th Leg., R.S., Ch. 172, Secs. 8(a) (part), (c).)
4438	4438	Sec. 1072.252. TAX RATE. The board may impose the tax at a
4439	4439	rate not to exceed 50 cents on each $100 valuation of all taxable
4440	4440	property in the district. (Acts 59th Leg., R.S., Ch. 172, Sec. 8(a)
4441	4441	(part).)
4442	4442	Sec. 1072.253. TAX ASSESSOR-COLLECTOR. The tax
4443	4443	assessor-collector for Maverick County shall collect taxes for the
4444	4444	district. (Acts 59th Leg., R.S., Ch. 172, Sec. 8(d) (part).)
4445	4445	CHAPTER 1073. NORTH RUNNELS COUNTY HOSPITAL DISTRICT
4446	4446	SUBCHAPTER A. GENERAL PROVISIONS
4447	4447	Sec. 1073.001. DEFINITIONS
4448	4448	Sec. 1073.002. AUTHORITY FOR CREATION
4449	4449	Sec. 1073.003. ESSENTIAL PUBLIC FUNCTION
4450	4450	Sec. 1073.004. DISTRICT TERRITORY
4451	4451	Sec. 1073.005. CORRECTION OF INVALID PROCEDURES
4452	4452	Sec. 1073.006. DISTRICT SUPPORT AND MAINTENANCE NOT
4453	4453	STATE OBLIGATION
4454	4454	Sec. 1073.007. RESTRICTION ON STATE FINANCIAL
4455	4455	ASSISTANCE
4456	4456	[Sections 1073.008-1073.050 reserved for expansion]
4457	4457	SUBCHAPTER B. DISTRICT ADMINISTRATION
4458	4458	Sec. 1073.051. BOARD ELECTION; TERM
4459	4459	Sec. 1073.052. NOTICE OF ELECTION
4460	4460	Sec. 1073.053. QUALIFICATIONS FOR OFFICE
4461	4461	Sec. 1073.054. BOND
4462	4462	Sec. 1073.055. BOARD VACANCY
4463	4463	Sec. 1073.056. OFFICERS
4464	4464	Sec. 1073.057. COMPENSATION; EXPENSES
4465	4465	Sec. 1073.058. DISTRICT ADMINISTRATOR; ASSISTANT
4466	4466	ADMINISTRATOR
4467	4467	Sec. 1073.059. GENERAL DUTIES OF DISTRICT
4468	4468	ADMINISTRATOR
4469	4469	Sec. 1073.060. APPOINTMENT, DISMISSAL, AND RECRUITMENT
4470	4470	OF STAFF AND EMPLOYEES
4471	4471	Sec. 1073.061. PERSONNEL CONTRACTS
4472	4472	Sec. 1073.062. SENIORITY
4473	4473	Sec. 1073.063. RETIREMENT BENEFITS
4474	4474	[Sections 1073.064-1073.100 reserved for expansion]
4475	4475	SUBCHAPTER C. POWERS AND DUTIES
4476	4476	Sec. 1073.101. DISTRICT RESPONSIBILITY
4477	4477	Sec. 1073.102. RESTRICTION ON POLITICAL SUBDIVISION
4478	4478	TAXATION AND DEBT
4479	4479	Sec. 1073.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
4480	4480	Sec. 1073.104. HOSPITAL SYSTEM
4481	4481	Sec. 1073.105. RULES
4482	4482	Sec. 1073.106. PURCHASING AND ACCOUNTING PROCEDURES
4483	4483	Sec. 1073.107. DISTRICT PROPERTY, FACILITIES, AND
4484	4484	EQUIPMENT
4485	4485	Sec. 1073.108. EMINENT DOMAIN
4486	4486	Sec. 1073.109. GIFTS AND ENDOWMENTS
4487	4487	Sec. 1073.110. OPERATING AND MANAGEMENT CONTRACTS
4488	4488	Sec. 1073.111. CONTRACTS WITH GOVERNMENTAL ENTITIES
4489	4489	FOR HOSPITALIZATION AND TREATMENT
4490	4490	Sec. 1073.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
4491	4491	FOR INVESTIGATORY OR OTHER SERVICES
4492	4492	Sec. 1073.113. BIDDING REQUIREMENTS
4493	4493	Sec. 1073.114. PROVISION OF SERVICES OUTSIDE DISTRICT
4494	4494	Sec. 1073.115. PAYMENT FOR TREATMENT; PROCEDURES
4495	4495	Sec. 1073.116. AUTHORITY TO SUE AND BE SUED
4496	4496	[Sections 1073.117-1073.150 reserved for expansion]
4497	4497	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4498	4498	Sec. 1073.151. BUDGET
4499	4499	Sec. 1073.152. NOTICE; HEARING; ADOPTION OF BUDGET
4500	4500	Sec. 1073.153. AMENDMENTS TO BUDGET
4501	4501	Sec. 1073.154. RESTRICTION ON EXPENDITURES
4502	4502	Sec. 1073.155. FISCAL YEAR
4503	4503	Sec. 1073.156. ANNUAL AUDIT
4504	4504	Sec. 1073.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
4505	4505	RECORDS
4506	4506	Sec. 1073.158. FINANCIAL REPORT
4507	4507	Sec. 1073.159. DEPOSITORY
4508	4508	Sec. 1073.160. SPENDING AND INVESTMENT RESTRICTIONS
4509	4509	Sec. 1073.161. AUTHORITY TO BORROW MONEY; SECURITY
4510	4510	[Sections 1073.162-1073.200 reserved for expansion]
4511	4511	SUBCHAPTER E. BONDS
4512	4512	Sec. 1073.201. GENERAL OBLIGATION BONDS
4513	4513	Sec. 1073.202. TAX TO PAY GENERAL OBLIGATION BONDS
4514	4514	Sec. 1073.203. GENERAL OBLIGATION BOND ELECTION
4515	4515	Sec. 1073.204. REVENUE BONDS
4516	4516	Sec. 1073.205. REFUNDING BONDS
4517	4517	Sec. 1073.206. MATURITY OF BONDS
4518	4518	Sec. 1073.207. EXECUTION OF BONDS
4519	4519	Sec. 1073.208. BONDS EXEMPT FROM TAXATION
4520	4520	[Sections 1073.209-1073.250 reserved for expansion]
4521	4521	SUBCHAPTER F. TAXES
4522	4522	Sec. 1073.251. IMPOSITION OF AD VALOREM TAX
4523	4523	Sec. 1073.252. TAX RATE
4524	4524	Sec. 1073.253. TAX ASSESSOR-COLLECTOR
4525	4525	[Sections 1073.254-1073.300 reserved for expansion]
4526	4526	SUBCHAPTER G. DISSOLUTION
4527	4527	Sec. 1073.301. DISSOLUTION; ELECTION
4528	4528	Sec. 1073.302. NOTICE OF ELECTION
4529	4529	Sec. 1073.303. BALLOT
4530	4530	Sec. 1073.304. ELECTION RESULTS
4531	4531	Sec. 1073.305. TRANSFER OR ADMINISTRATION OF ASSETS
4532	4532	Sec. 1073.306. SALE OR TRANSFER OF ASSETS AND
4533	4533	LIABILITIES
4534	4534	Sec. 1073.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
4535	4535	TAXES
4536	4536	Sec. 1073.308. REPORT; DISSOLUTION ORDER
4537	4537	CHAPTER 1073. NORTH RUNNELS COUNTY HOSPITAL DISTRICT
4538	4538	SUBCHAPTER A. GENERAL PROVISIONS
4539	4539	Sec. 1073.001. DEFINITIONS. In this chapter:
4540	4540	(1) "Board" means the board of directors of the
4541	4541	district.
4542	4542	(2) "Director" means a member of the board.
4543	4543	(3) "District" means the North Runnels County Hospital
4544	4544	District. (New.)
4545	4545	Sec. 1073.002. AUTHORITY FOR CREATION. The North Runnels
4546	4546	County Hospital District is created under the authority of Section
4547	4547	9, Article IX, Texas Constitution, and has the rights, powers, and
4548	4548	duties provided by this chapter. (Acts 61st Leg., R.S., Ch. 206,
4549	4549	Sec. 1 (part).)
4550	4550	Sec. 1073.003. ESSENTIAL PUBLIC FUNCTION. The district
4551	4551	performs an essential public function in carrying out the purposes
4552	4552	of this chapter. (Acts 61st Leg., R.S., Ch. 206, Sec. 23 (part).)
4553	4553	Sec. 1073.004. DISTRICT TERRITORY. The boundaries of the
4554	4554	district are coextensive with the boundaries of County
4555	4555	Commissioners Precincts 2 and 3 of Runnels County as those
4556	4556	boundaries existed on January 1, 1969. (Acts 61st Leg., R.S., Ch.
4557	4557	206, Sec. 1 (part).)
4558	4558	Sec. 1073.005. CORRECTION OF INVALID PROCEDURES. If a
4559	4559	court holds that any procedure under this chapter violates the
4560	4560	constitution of this state or of the United States, the district by
4561	4561	resolution may provide an alternative procedure that conforms with
4562	4562	the constitution. (Acts 61st Leg., R.S., Ch. 206, Sec. 24 (part).)
4563	4563	Sec. 1073.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
4564	4564	OBLIGATION. The support and maintenance of the district may not
4565	4565	become a charge against or obligation of this state. (Acts 61st
4566	4566	Leg., R.S., Ch. 206, Sec. 22 (part).)
4567	4567	Sec. 1073.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
4568	4568	The legislature may not make a direct appropriation for the
4569	4569	construction, maintenance, or improvement of a district facility.
4570	4570	(Acts 61st Leg., R.S., Ch. 206, Sec. 22 (part).)
4571	4571	[Sections 1073.008-1073.050 reserved for expansion]
4572	4572	SUBCHAPTER B. DISTRICT ADMINISTRATION
4573	4573	Sec. 1073.051. BOARD ELECTION; TERM. (a) The board
4574	4574	consists of seven directors elected from the district.
4575	4575	(b) Unless four-year terms are established under Section
4576	4576	285.081, Health and Safety Code:
4577	4577	(1) directors serve two-year terms; and
4578	4578	(2) a directors' election shall be held on the uniform
4579	4579	election date in May of each year.
4580	4580	(c) The election order must state the time, place, and
4581	4581	purpose of the election. (Acts 61st Leg., R.S., Ch. 206, Secs.
4582	4582	4(a), (b) (part).)
4583	4583	Sec. 1073.052. NOTICE OF ELECTION. Not earlier than the
4584	4584	30th day or later than the 10th day before the date of an election of
4585	4585	directors, notice of the election shall be published one time in a
4586	4586	newspaper or newspapers that individually or collectively have
4587	4587	general circulation in the district. (Acts 61st Leg., R.S., Ch.
4588	4588	206, Sec. 4(b) (part).)
4589	4589	Sec. 1073.053. QUALIFICATIONS FOR OFFICE. (a) A person may
4590	4590	not be appointed as a director unless the person is:
4591	4591	(1) a resident of the district; and
4592	4592	(2) a qualified voter.
4593	4593	(b) A person is not eligible to serve as a director if the
4594	4594	person is:
4595	4595	(1) the district administrator;
4596	4596	(2) a district employee; or
4597	4597	(3) a member of the hospital staff. (Acts 61st Leg.,
4598	4598	R.S., Ch. 206, Sec. 4(c).)
4599	4599	Sec. 1073.054. BOND. (a) The board may require all
4600	4600	district officers and employees charged with handling money to
4601	4601	furnish a good bond for not less than $5,000 that is:
4602	4602	(1) payable to the district;
4603	4603	(2) conditioned on the faithful performance of the
4604	4604	officer's or employee's duties; and
4605	4605	(3) signed by a surety company authorized to do
4606	4606	business in this state.
4607	4607	(b) The board may pay for the bond with district money.
4608	4608	(c) The district shall pay the premiums on the bond. (Acts
4609	4609	61st Leg., R.S., Ch. 206, Sec. 4(b) (part).)
4610	4610	Sec. 1073.055. BOARD VACANCY. If a vacancy occurs in the
4611	4611	office of director, the remaining directors shall appoint a
4612	4612	director for the unexpired term. (Acts 61st Leg., R.S., Ch. 206,
4613	4613	Sec. 4(b) (part).)
4614	4614	Sec. 1073.056. OFFICERS. (a) The board shall elect a
4615	4615	president and a vice president from among its members.
4616	4616	(b) The board shall appoint a secretary, who need not be a
4617	4617	director.
4618	4618	(c) Each officer of the board serves for a term of one year.
4619	4619	(d) The board shall fill a vacancy in a board office for the
4620	4620	unexpired term. (Acts 61st Leg., R.S., Ch. 206, Sec. 4(d) (part).)
4621	4621	Sec. 1073.057. COMPENSATION; EXPENSES. A director or
4622	4622	officer serves without compensation but may be reimbursed for
4623	4623	actual expenses incurred in the performance of official duties.
4624	4624	The expenses must be:
4625	4625	(1) reported in the district's records; and
4626	4626	(2) approved by the board. (Acts 61st Leg., R.S., Ch.
4627	4627	206, Sec. 4(d) (part).)
4628	4628	Sec. 1073.058. DISTRICT ADMINISTRATOR; ASSISTANT
4629	4629	ADMINISTRATOR. (a) The board may appoint a qualified person as
4630	4630	district administrator.
4631	4631	(b) The board may appoint one or more assistant
4632	4632	administrators.
4633	4633	(c) The district administrator and any assistant
4634	4634	administrator serve at the will of the board and are entitled to the
4635	4635	compensation determined by the board.
4636	4636	(d) Before assuming the duties of district administrator,
4637	4637	the board may require the administrator to execute a bond payable to
4638	4638	the district in an amount set by the board of not less than $5,000
4639	4639	that:
4640	4640	(1) is conditioned on the faithful performance of the
4641	4641	administrator's duties; and
4642	4642	(2) contains other conditions the board may require.
4643	4643	(e) The board may pay for the bond with district money.
4644	4644	(Acts 61st Leg., R.S., Ch. 206, Sec. 5(b) (part).)
4645	4645	Sec. 1073.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
4646	4646	Subject to the limitations prescribed by the board, the district
4647	4647	administrator shall:
4648	4648	(1) supervise the work and activities of the district;
4649	4649	and
4650	4650	(2) direct the affairs of the district. (Acts 61st
4651	4651	Leg., R.S., Ch. 206, Sec. 5(b) (part).)
4652	4652	Sec. 1073.060. APPOINTMENT, DISMISSAL, AND RECRUITMENT OF
4653	4653	STAFF AND EMPLOYEES. (a) The board, with the district
4654	4654	administrator, may appoint doctors to or dismiss doctors from the
4655	4655	staff as considered necessary for the efficient operation of the
4656	4656	district and may make temporary appointments as warranted.
4657	4657	(b) The district may employ fiscal agents, accountants,
4658	4658	architects, and attorneys the board considers proper.
4659	4659	(c) The board may delegate to the district administrator the
4660	4660	authority to hire district employees, including technicians and
4661	4661	nurses.
4662	4662	(d) The board may spend district money to recruit
4663	4663	physicians, nurses, and other trained medical personnel. The board
4664	4664	may pay the tuition or other expenses of a full-time medical student
4665	4665	or other student in a health occupation who:
4666	4666	(1) is enrolled in and is in good standing at an
4667	4667	accredited medical school, college, or university; and
4668	4668	(2) contractually agrees to become a district employee
4669	4669	or independent contractor in return for that assistance. (Acts
4670	4670	61st Leg., R.S., Ch. 206, Secs. 5(b) (part), (h), 18.)
4671	4671	Sec. 1073.061. PERSONNEL CONTRACTS. (a) The board may
4672	4672	contract to provide administrative or other personnel for the
4673	4673	operation of hospital facilities.
4674	4674	(b) The term of a contract may not exceed 25 years. (Acts
4675	4675	61st Leg., R.S., Ch. 206, Sec. 5(f) (part).)
4676	4676	Sec. 1073.062. SENIORITY. The board may:
4677	4677	(1) adopt rules related to the seniority of district
4678	4678	employees, including rules for a retirement plan based on
4679	4679	seniority; and
4680	4680	(2) give effect to previous years of service for
4681	4681	district employees continuously employed in the operation or
4682	4682	management of hospital facilities acquired or constructed by the
4683	4683	district. (Acts 61st Leg., R.S., Ch. 206, Sec. 5(a) (part).)
4684	4684	Sec. 1073.063. RETIREMENT BENEFITS. The board may provide
4685	4685	retirement benefits for district employees by:
4686	4686	(1) establishing or administering a retirement
4687	4687	program; or
4688	4688	(2) participating in:
4689	4689	(A) the Texas County and District Retirement
4690	4690	System; or
4691	4691	(B) another statewide retirement system in which
4692	4692	the district is eligible to participate. (Acts 61st Leg., R.S., Ch.
4693	4693	206, Sec. 5(g).)
4694	4694	[Sections 1073.064-1073.100 reserved for expansion]
4695	4695	SUBCHAPTER C. POWERS AND DUTIES
4696	4696	Sec. 1073.101. DISTRICT RESPONSIBILITY. The district has
4697	4697	full responsibility for:
4698	4698	(1) operating all hospital facilities for providing
4699	4699	medical and hospital care for the district's needy inhabitants; and
4700	4700	(2) providing medical and hospital care for the
4701	4701	district's needy inhabitants. (Acts 61st Leg., R.S., Ch. 206,
4702	4702	Secs. 2 (part), 21 (part).)
4703	4703	Sec. 1073.102. RESTRICTION ON POLITICAL SUBDIVISION
4704	4704	TAXATION AND DEBT. A political subdivision that is located within
4705	4705	the district or that has the same boundaries as the district may not
4706	4706	impose a tax or issue bonds or other obligations for hospital
4707	4707	purposes or to provide medical care. (Acts 61st Leg., R.S., Ch.
4708	4708	206, Sec. 21 (part).)
4709	4709	Sec. 1073.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
4710	4710	The board shall manage, control, and administer:
4711	4711	(1) the hospital and hospital system; and
4712	4712	(2) the district's business, money, and resources.
4713	4713	(Acts 61st Leg., R.S., Ch. 206, Sec. 5(a) (part).)
4714	4714	Sec. 1073.104. HOSPITAL SYSTEM. (a) The district shall
4715	4715	provide for the establishment, administration, maintenance,
4716	4716	operation, and financing of a hospital system, including any
4717	4717	component specified by Subsection (b) or a service or facility
4718	4718	specified by Subsection (c), by:
4719	4719	(1) purchasing, constructing, acquiring, repairing,
4720	4720	or renovating buildings and equipment;
4721	4721	(2) equipping the buildings; and
4722	4722	(3) administering the system, service, or facility for
4723	4723	hospital purposes.
4724	4724	(b) The hospital system may include:
4725	4725	(1) a medical care system;
4726	4726	(2) rural health clinics;
4727	4727	(3) outpatient clinics and facilities for outpatient
4728	4728	clinics;
4729	4729	(4) nursing homes;
4730	4730	(5) home health services;
4731	4731	(6) facilities for domiciliary care of the sick,
4732	4732	injured, or geriatric;
4733	4733	(7) pharmacies;
4734	4734	(8) convalescent home facilities;
4735	4735	(9) necessary nurses domiciliaries and training
4736	4736	centers;
4737	4737	(10) blood banks;
4738	4738	(11) community mental health centers;
4739	4739	(12) research centers or laboratories; and
4740	4740	(13) any other facilities the board considers
4741	4741	necessary for hospital care.
4742	4742	(c) The district may provide any services or facilities
4743	4743	necessary for:
4744	4744	(1) hospital agencies;
4745	4745	(2) extended care facilities; and
4746	4746	(3) assisted living or personal care facilities,
4747	4747	including retirement benefits, housing, and medical office
4748	4748	buildings. (Acts 61st Leg., R.S., Ch. 206, Secs. 2 (part), 11
4749	4749	(part).)
4750	4750	Sec. 1073.105. RULES. The board may adopt rules governing
4751	4751	the operation of the hospital, the hospital system, and the
4752	4752	district's staff and employees. (Acts 61st Leg., R.S., Ch. 206,
4753	4753	Sec. 5(a) (part).)
4754	4754	Sec. 1073.106. PURCHASING AND ACCOUNTING PROCEDURES. The
4755	4755	board may prescribe:
4756	4756	(1) the method and manner of making purchases and
4757	4757	expenditures by and for the district; and
4758	4758	(2) all accounting and control procedures. (Acts 61st
4759	4759	Leg., R.S., Ch. 206, Sec. 12 (part).)
4760	4760	Sec. 1073.107. DISTRICT PROPERTY, FACILITIES, AND
4761	4761	EQUIPMENT. (a) The board shall determine the type, number, and
4762	4762	location of buildings required to maintain an adequate hospital
4763	4763	system.
4764	4764	(b) The board may:
4765	4765	(1) purchase or lease property, including facilities
4766	4766	and equipment, for the district to use in the hospital system; and
4767	4767	(2) mortgage or pledge the property as security for
4768	4768	the payment of the purchase price.
4769	4769	(c) The board may lease district hospital facilities to
4770	4770	individuals, corporations, or other legal entities.
4771	4771	(d) The board may sell or otherwise dispose of the
4772	4772	district's property, including facilities and equipment. (Acts
4773	4773	61st Leg., R.S., Ch. 206, Secs. 5(e), (f) (part), 11 (part).)
4774	4774	Sec. 1073.108. EMINENT DOMAIN. (a) The district may
4775	4775	exercise the power of eminent domain to acquire a fee simple or
4776	4776	other interest in any type of property located in district
4777	4777	territory if the interest is necessary for the district to exercise
4778	4778	a power, right, or privilege conferred by this chapter.
4779	4779	(b) The district must exercise the power of eminent domain
4780	4780	in the manner provided by Chapter 21, Property Code, except the
4781	4781	district is not required to deposit in the trial court money or a
4782	4782	bond as provided by Section 21.021, Property Code.
4783	4783	(c) In a condemnation proceeding brought by the district,
4784	4784	the district is not required to:
4785	4785	(1) pay in advance or provide a bond or other security
4786	4786	for costs in the trial court;
4787	4787	(2) provide a bond for the issuance of a temporary
4788	4788	restraining order or a temporary injunction; or
4789	4789	(3) provide a bond for costs or a supersedeas bond on
4790	4790	an appeal or petition for review. (Acts 61st Leg., R.S., Ch. 206,
4791	4791	Sec. 16.)
4792	4792	Sec. 1073.109. GIFTS AND ENDOWMENTS. The board may accept
4793	4793	for the district a gift or endowment to be held in trust and
4794	4794	administered by the board for the purposes and under the
4795	4795	directions, limitations, or other provisions prescribed in writing
4796	4796	by the donor that are not inconsistent with the proper management
4797	4797	and objectives of the district. (Acts 61st Leg., R.S., Ch. 206,
4798	4798	Sec. 20.)
4799	4799	Sec. 1073.110. OPERATING AND MANAGEMENT CONTRACTS. The
4800	4800	board may enter into an operating or management contract relating
4801	4801	to a district facility. (Acts 61st Leg., R.S., Ch. 206, Sec. 11
4802	4802	(part).)
4803	4803	Sec. 1073.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
4804	4804	HOSPITALIZATION AND TREATMENT. (a) The board may contract with a
4805	4805	county or municipality located outside the district's boundaries
4806	4806	for the hospitalization of a sick or injured person of that county
4807	4807	or municipality.
4808	4808	(b) The district may contract with this state or a federal
4809	4809	agency for the hospital treatment of a sick or injured person.
4810	4810	(Acts 61st Leg., R.S., Ch. 206, Sec. 5(c) (part).)
4811	4811	Sec. 1073.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
4812	4812	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
4813	4813	political subdivision or governmental agency for the district to
4814	4814	provide investigatory or other services for the hospital or welfare
4815	4815	needs of district inhabitants. (Acts 61st Leg., R.S., Ch. 206, Sec.
4816	4816	5(c) (part).)
4817	4817	Sec. 1073.113. BIDDING REQUIREMENTS. The district shall
4818	4818	comply with the bidding requirements prescribed by Chapter 271,
4819	4819	Local Government Code. (Acts 61st Leg., R.S., Ch. 206, Sec. 12
4820	4820	(part).)
4821	4821	Sec. 1073.114. PROVISION OF SERVICES OUTSIDE DISTRICT. The
4822	4822	district may provide services outside the district's boundaries.
4823	4823	(Acts 61st Leg., R.S., Ch. 206, Sec. 5(j).)
4824	4824	Sec. 1073.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
4825	4825	When a patient who resides in the district is admitted to a district
4826	4826	facility, the district administrator may have an inquiry made into
4827	4827	the circumstances of:
4828	4828	(1) the patient; and
4829	4829	(2) the patient's relatives who are legally liable for
4830	4830	the patient's support.
4831	4831	(b) If the district administrator determines that the
4832	4832	patient or those relatives cannot pay all or part of the costs of
4833	4833	the care and treatment in the hospital, the amount of the costs that
4834	4834	cannot be paid becomes a charge against the district.
4835	4835	(c) If the district administrator determines that the
4836	4836	patient or those relatives can pay for all or part of the costs of
4837	4837	the patient's care and treatment, the patient or those relatives
4838	4838	shall be ordered to pay the district a specified amount each week
4839	4839	for the patient's care and support. The amount ordered must be
4840	4840	proportionate to the person's financial ability.
4841	4841	(d) The district administrator may collect the amount from
4842	4842	the estate of the patient, or from any relative who is legally
4843	4843	liable for the patient's support, in the manner provided by law for
4844	4844	the collection of expenses of the last illness of a deceased person.
4845	4845	(e) If there is a dispute as to the ability to pay, or doubt
4846	4846	in the mind of the district administrator, the board shall hold a
4847	4847	hearing and, after calling witnesses, shall:
4848	4848	(1) resolve the dispute or doubt; and
4849	4849	(2) issue any appropriate orders.
4850	4850	(f) A final order of the board may be appealed to the
4851	4851	district court. The substantial evidence rule applies to the
4852	4852	appeal. (Acts 61st Leg., R.S., Ch. 206, Sec. 19.)
4853	4853	Sec. 1073.116. AUTHORITY TO SUE AND BE SUED. (a) The
4854	4854	district, through the board, may sue and be sued.
4855	4855	(b) The district is entitled to all causes of action and
4856	4856	defenses to which similar authorities are entitled. (Acts 61st
4857	4857	Leg., R.S., Ch. 206, Sec. 5(a) (part).)
4858	4858	[Sections 1073.117-1073.150 reserved for expansion]
4859	4859	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4860	4860	Sec. 1073.151. BUDGET. (a) The district administrator
4861	4861	shall prepare an annual budget for approval by the board.
4862	4862	(b) The proposed budget must contain a complete financial
4863	4863	statement of:
4864	4864	(1) the outstanding obligations of the district;
4865	4865	(2) the cash on hand in each district fund;
4866	4866	(3) the money received by the district from all
4867	4867	sources during the previous year;
4868	4868	(4) the money available to the district from all
4869	4869	sources during the ensuing year;
4870	4870	(5) the balances expected at the end of the year in
4871	4871	which the budget is being prepared;
4872	4872	(6) the estimated revenue and balances available to
4873	4873	cover the proposed budget;
4874	4874	(7) the estimated tax rate required; and
4875	4875	(8) the proposed expenditures and disbursements and
4876	4876	the estimated receipts and collections for the following fiscal
4877	4877	year. (Acts 61st Leg., R.S., Ch. 206, Sec. 6 (part).)
4878	4878	Sec. 1073.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
4879	4879	The board shall hold a public hearing on the proposed annual budget.
4880	4880	(b) The board shall publish notice of the hearing in
4881	4881	accordance with Chapter 551, Government Code.
4882	4882	(c) Any district resident is entitled to be present and
4883	4883	participate at the hearing.
4884	4884	(d) At the conclusion of the hearing, the board shall adopt
4885	4885	a budget by acting on the budget proposed by the district
4886	4886	administrator. The board may make any changes in the proposed
4887	4887	budget that the board judges to be in the interests of the
4888	4888	district's residents and that the law warrants. (Acts 61st Leg.,
4889	4889	R.S., Ch. 206, Sec. 6 (part).)
4890	4890	Sec. 1073.153. AMENDMENTS TO BUDGET. The budget may be
4891	4891	amended as required by circumstances. The board must approve all
4892	4892	amendments. (Acts 61st Leg., R.S., Ch. 206, Sec. 6 (part).)
4893	4893	Sec. 1073.154. RESTRICTION ON EXPENDITURES. Money may be
4894	4894	spent only for an expense included in the budget or an amendment to
4895	4895	the budget. (Acts 61st Leg., R.S., Ch. 206, Sec. 6 (part).)
4896	4896	Sec. 1073.155. FISCAL YEAR. (a) The district operates
4897	4897	according to a fiscal year established by the board.
4898	4898	(b) The fiscal year may not be changed:
4899	4899	(1) when revenue bonds of the district are
4900	4900	outstanding; or
4901	4901	(2) more than once in a 24-month period. (Acts 61st
4902	4902	Leg., R.S., Ch. 206, Sec. 6 (part).)
4903	4903	Sec. 1073.156. ANNUAL AUDIT. The board annually shall have
4904	4904	an audit made of the district's financial condition. (Acts 61st
4905	4905	Leg., R.S., Ch. 206, Sec. 6 (part).)
4906	4906	Sec. 1073.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
4907	4907	RECORDS. The annual audit and other district records shall be open
4908	4908	to inspection at the district's principal office. (Acts 61st Leg.,
4909	4909	R.S., Ch. 206, Sec. 6 (part).)
4910	4910	Sec. 1073.158. FINANCIAL REPORT. As soon as practicable
4911	4911	after the close of each fiscal year, the district administrator
4912	4912	shall prepare for the board:
4913	4913	(1) a complete sworn statement of all district money;
4914	4914	and
4915	4915	(2) a complete account of the disbursements of that
4916	4916	money. (Acts 61st Leg., R.S., Ch. 206, Sec. 6 (part).)
4917	4917	Sec. 1073.159. DEPOSITORY. (a) The board shall select one
4918	4918	or more banks to serve as a depository for district money.
4919	4919	(b) District money, other than money invested as provided by
4920	4920	Section 1073.160(b), and money transmitted to a bank for payment of
4921	4921	bonds or obligations issued by the district, shall be deposited as
4922	4922	received with the depository bank and shall remain on deposit.
4923	4923	(c) This chapter, including Subsection (b), does not limit
4924	4924	the power of the board to place a part of district money on time
4925	4925	deposit or to purchase certificates of deposit.
4926	4926	(d) Membership on the district's board of an officer or
4927	4927	director of a bank does not disqualify the bank from being
4928	4928	designated as a depository bank. (Acts 61st Leg., R.S., Ch. 206,
4929	4929	Sec. 13.)
4930	4930	Sec. 1073.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
4931	4931	Except as otherwise provided by this chapter, the district may not
4932	4932	incur an obligation payable from district revenue other than the
4933	4933	revenue on hand or to be on hand in the current and following
4934	4934	district fiscal years.
4935	4935	(b) The board may invest operating, depreciation, or
4936	4936	building reserves only in securities described by Subchapter A,
4937	4937	Chapter 1505, Government Code, or in accordance with Chapter 2256,
4938	4938	Government Code. (Acts 61st Leg., R.S., Ch. 206, Secs. 5(a) (part),
4939	4939	12 (part).)
4940	4940	Sec. 1073.161. AUTHORITY TO BORROW MONEY; SECURITY. (a)
4941	4941	The board may borrow money at a rate not to exceed the maximum
4942	4942	annual percentage rate allowed by law for district obligations at
4943	4943	the time the loan is made.
4944	4944	(b) To secure a loan, the board may pledge:
4945	4945	(1) district revenue that is not pledged to pay the
4946	4946	district's bonded indebtedness;
4947	4947	(2) a district tax to be imposed by the district in the
4948	4948	next 12-month period following the date of the pledge that is not
4949	4949	pledged to pay the principal of or interest on district bonds; or
4950	4950	(3) district bonds that have been authorized but not
4951	4951	sold.
4952	4952	(c) A loan for which taxes or bonds are pledged must mature
4953	4953	not later than the first anniversary of the date the loan is made. A
4954	4954	loan for which district revenue is pledged must mature not later
4955	4955	than the fifth anniversary of the date the loan is made. (Acts 61st
4956	4956	Leg., R.S., Ch. 206, Sec. 20a.)
4957	4957	[Sections 1073.162-1073.200 reserved for expansion]
4958	4958	SUBCHAPTER E. BONDS
4959	4959	Sec. 1073.201. GENERAL OBLIGATION BONDS. The board may
4960	4960	issue general obligation bonds in the name and on the faith and
4961	4961	credit of the district to:
4962	4962	(1) purchase, construct, acquire, repair, or renovate
4963	4963	buildings or improvements;
4964	4964	(2) equip buildings or improvements for hospital
4965	4965	purposes; or
4966	4966	(3) acquire and operate a mobile emergency medical or
4967	4967	air ambulance service. (Acts 61st Leg., R.S., Ch. 206, Sec. 9(a).)
4968	4968	Sec. 1073.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
4969	4969	the time general obligation bonds are issued by the district under
4970	4970	Section 1073.201, the board shall impose an ad valorem tax at a rate
4971	4971	sufficient to create an interest and sinking fund to pay the
4972	4972	principal of and interest on the bonds as the bonds mature.
4973	4973	(b) The tax required by this section together with any other
4974	4974	ad valorem tax the district imposes may not in any year exceed the
4975	4975	rate approved by the voters at the election authorizing the
4976	4976	imposition of the tax. (Acts 61st Leg., R.S., Ch. 206, Sec. 9(b)
4977	4977	(part).)
4978	4978	Sec. 1073.203. GENERAL OBLIGATION BOND ELECTION. (a) The
4979	4979	district may issue general obligation bonds only if the bonds are
4980	4980	authorized by a majority of the district voters voting at an
4981	4981	election held for that purpose.
4982	4982	(b) The board may order a bond election. The order calling
4983	4983	the election must specify:
4984	4984	(1) the nature and date of the election;
4985	4985	(2) the hours during which the polls will be open;
4986	4986	(3) the location of the polling places;
4987	4987	(4) the amount of the bonds to be authorized; and
4988	4988	(5) the maximum maturity of the bonds.
4989	4989	(c) Notice of a bond election shall be given as provided by
4990	4990	Section 1251.003, Government Code.
4991	4991	(d) The board shall declare the results of the election.
4992	4992	(Acts 61st Leg., R.S., Ch. 206, Sec. 9(b) (part).)
4993	4993	Sec. 1073.204. REVENUE BONDS. (a) The board may issue
4994	4994	revenue bonds to:
4995	4995	(1) purchase, construct, acquire, repair, renovate,
4996	4996	or equip buildings or improvements for hospital purposes;
4997	4997	(2) acquire sites to be used for hospital purposes; or
4998	4998	(3) acquire and operate a mobile emergency medical or
4999	4999	air ambulance service.
5000	5000	(b) The bonds must be payable from and secured by a pledge of
5001	5001	all or part of the revenue derived from the operation of the
5002	5002	district's hospitals.
5003	5003	(c) The bonds may be additionally secured by a mortgage or
5004	5004	deed of trust lien on all or part of district property.
5005	5005	(d) The bonds must be issued in the manner and in accordance
5006	5006	with the procedures and requirements prescribed by Sections
5007	5007	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
5008	5008	and Safety Code, for issuance of revenue bonds by a county hospital
5009	5009	authority. (Acts 61st Leg., R.S., Ch. 206, Secs. 9(c), 10 (part).)
5010	5010	Sec. 1073.205. REFUNDING BONDS. (a) The board may issue
5011	5011	refunding bonds to refund outstanding bonds issued by the district.
5012	5012	(b) A refunding bond may be:
5013	5013	(1) sold, with the proceeds of the refunding bonds
5014	5014	applied to the payment of the outstanding indebtedness; or
5015	5015	(2) exchanged wholly or partly for not less than a
5016	5016	similar principal amount of outstanding indebtedness. (Acts 61st
5017	5017	Leg., R.S., Ch. 206, Secs. 9(d) (part), 10 (part).)
5018	5018	Sec. 1073.206. MATURITY OF BONDS. District bonds must
5019	5019	mature not later than 40 years after the date of issuance. (Acts
5020	5020	61st Leg., R.S., Ch. 206, Sec. 9(e) (part).)
5021	5021	Sec. 1073.207. EXECUTION OF BONDS. (a) The board president
5022	5022	shall execute district bonds in the district's name.
5023	5023	(b) The board secretary shall countersign district bonds in
5024	5024	the manner provided by Chapter 618, Government Code. (Acts 61st
5025	5025	Leg., R.S., Ch. 206, Sec. 9(e) (part).)
5026	5026	Sec. 1073.208. BONDS EXEMPT FROM TAXATION. The following
5027	5027	are exempt from taxation by this state or a political subdivision of
5028	5028	this state:
5029	5029	(1) bonds issued or assumed by the district;
5030	5030	(2) the transfer and issuance of the bonds; or
5031	5031	(3) profits made in the sale of the bonds. (Acts 61st
5032	5032	Leg., R.S., Ch. 206, Sec. 23 (part).)
5033	5033	[Sections 1073.209-1073.250 reserved for expansion]
5034	5034	SUBCHAPTER F. TAXES
5035	5035	Sec. 1073.251. IMPOSITION OF AD VALOREM TAX. (a) The board
5036	5036	may impose a tax on all property in the district subject to district
5037	5037	taxation.
5038	5038	(b) The board may impose the tax to:
5039	5039	(1) pay the interest on and create a sinking fund for
5040	5040	bonds and other obligations issued or assumed by the district for
5041	5041	hospital purposes;
5042	5042	(2) provide for the operation and maintenance of the
5043	5043	district and hospital system;
5044	5044	(3) make improvements and additions to the hospital
5045	5045	system; and
5046	5046	(4) acquire necessary sites for the hospital system by
5047	5047	purchase, lease, or condemnation.
5048	5048	(c) The board may not impose a tax to pay the principal of or
5049	5049	interest on revenue bonds. (Acts 61st Leg., R.S., Ch. 206, Secs. 14
5050	5050	(part), 17(b) (part).)
5051	5051	Sec. 1073.252. TAX RATE. (a) The board may impose the tax
5052	5052	at a rate not to exceed the limit approved by the voters at the
5053	5053	election authorizing the imposition of the tax.
5054	5054	(b) The tax rate for all purposes may not exceed 75 cents on
5055	5055	each $100 valuation of all taxable property in the district.
5056	5056	(c) In setting the tax rate, the board shall consider the
5057	5057	income of the district from sources other than taxation. (Acts 61st
5058	5058	Leg., R.S., Ch. 206, Secs. 14 (part), 17(b) (part).)
5059	5059	Sec. 1073.253. TAX ASSESSOR-COLLECTOR. The board may
5060	5060	provide for the appointment of a tax assessor-collector for the
5061	5061	district or may contract for the assessment and collection of taxes
5062	5062	as provided by the Tax Code. (Acts 61st Leg., R.S., Ch. 206, Sec.
5063	5063	17(b) (part).)
5064	5064	[Sections 1073.254-1073.300 reserved for expansion]
5065	5065	SUBCHAPTER G. DISSOLUTION
5066	5066	Sec. 1073.301. DISSOLUTION; ELECTION. (a) The district
5067	5067	may be dissolved only on approval of a majority of the district
5068	5068	voters voting in an election held for that purpose.
5069	5069	(b) The board may order an election on the question of
5070	5070	dissolving the district and disposing of the district's assets and
5071	5071	obligations.
5072	5072	(c) The board shall order an election if the board receives
5073	5073	a petition requesting an election that is signed by a number of
5074	5074	district residents equal to at least 15 percent of the registered
5075	5075	voters in the district.
5076	5076	(d) The order calling the election must state:
5077	5077	(1) the nature of the election, including the
5078	5078	proposition to appear on the ballot;
5079	5079	(2) the date of the election;
5080	5080	(3) the hours during which the polls will be open; and
5081	5081	(4) the location of the polling places.
5082	5082	(e) Section 41.001(a), Election Code, does not apply to an
5083	5083	election ordered under this section. (Acts 61st Leg., R.S., Ch.
5084	5084	206, Secs. 20b(a), (b), (c) (part).)
5085	5085	Sec. 1073.302. NOTICE OF ELECTION. (a) The board shall
5086	5086	give notice of an election under this subchapter by publishing once
5087	5087	a week for two consecutive weeks a substantial copy of the election
5088	5088	order in a newspaper with general circulation in the district.
5089	5089	(b) The first publication of the notice must appear not
5090	5090	later than the 35th day before the date set for the election. (Acts
5091	5091	61st Leg., R.S., Ch. 206, Sec. 20b(d) (part).)
5092	5092	Sec. 1073.303. BALLOT. The ballot for an election under
5093	5093	this subchapter must be printed to permit voting for or against the
5094	5094	proposition: "The dissolution of the North Runnels County Hospital
5095	5095	District." (Acts 61st Leg., R.S., Ch. 206, Sec. 20b(d) (part).)
5096	5096	Sec. 1073.304. ELECTION RESULTS. (a) If a majority of the
5097	5097	votes in an election under this subchapter favor dissolution, the
5098	5098	board shall find that the district is dissolved.
5099	5099	(b) If a majority of the votes in the election do not favor
5100	5100	dissolution, the board shall continue to administer the district
5101	5101	and another election on the question of dissolution may not be held
5102	5102	before the first anniversary of the date of the most recent election
5103	5103	to dissolve the district. (Acts 61st Leg., R.S., Ch. 206, Sec.
5104	5104	20b(e).)
5105	5105	Sec. 1073.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
5106	5106	If a majority of the votes in the election held under this
5107	5107	subchapter favor dissolution, the board shall:
5108	5108	(1) transfer the land, buildings, improvements,
5109	5109	equipment, and other assets that belong to the district to Runnels
5110	5110	County or another governmental entity in Runnels County; or
5111	5111	(2) administer the property, assets, and debts until
5112	5112	all money has been disposed of and all district debts have been paid
5113	5113	or settled.
5114	5114	(b) If the board makes the transfer under Subsection (a)(1),
5115	5115	the county or entity assumes all debts and obligations of the
5116	5116	district at the time of the transfer and the district is dissolved.
5117	5117	(Acts 61st Leg., R.S., Ch. 206, Secs. 20b(f), (g).)
5118	5118	Sec. 1073.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
5119	5119	(a) Notwithstanding any other provision of this chapter, the
5120	5120	district may not be dissolved unless the board provides for the sale
5121	5121	or transfer of the district's assets and liabilities to another
5122	5122	person.
5123	5123	(b) The dissolution of the district and the sale or transfer
5124	5124	of the district's assets or liabilities may not contravene a trust
5125	5125	indenture or bond resolution relating to the district's outstanding
5126	5126	bonds. The dissolution and sale or transfer does not diminish or
5127	5127	impair the rights of a holder of an outstanding bond, warrant, or
5128	5128	other obligation of the district.
5129	5129	(c) The sale or transfer of the district's assets and
5130	5130	liabilities must satisfy the debt and bond obligations of the
5131	5131	district in a manner that protects the interests of district
5132	5132	residents, including the residents' collective property rights in
5133	5133	the district's assets.
5134	5134	(d) The district may not transfer or dispose of the
5135	5135	district's assets except for due compensation unless:
5136	5136	(1) the transfer is made to another governmental
5137	5137	entity that serves the district; and
5138	5138	(2) the transferred assets are to be used for the
5139	5139	benefit of the district's residents.
5140	5140	(e) A grant from federal funds is an obligation to be repaid
5141	5141	in satisfaction. (Acts 61st Leg., R.S., Ch. 206, Secs. 20b(m),
5142	5142	(n).)
5143	5143	Sec. 1073.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
5144	5144	TAXES. (a) After the board finds that the district is dissolved,
5145	5145	the board shall:
5146	5146	(1) determine the debt owed by the district; and
5147	5147	(2) impose on the property included in the district's
5148	5148	tax rolls a tax that is in proportion of the debt to the property
5149	5149	value.
5150	5150	(b) On the payment of all outstanding debts and obligations
5151	5151	of the district, the board shall order the secretary to return to
5152	5152	each district taxpayer the taxpayer's pro rata share of all unused
5153	5153	tax money.
5154	5154	(c) A taxpayer may request that the taxpayer's share of
5155	5155	surplus tax money be credited to the taxpayer's county taxes. If a
5156	5156	taxpayer requests the credit, the board shall direct the secretary
5157	5157	to transmit the money to the county tax assessor-collector. (Acts
5158	5158	61st Leg., R.S., Ch. 206, Secs. 20b(h), (i), (j).)
5159	5159	Sec. 1073.308. REPORT; DISSOLUTION ORDER. (a) After the
5160	5160	district has paid all district debts and has disposed of all
5161	5161	district money and other assets as prescribed by this subchapter,
5162	5162	the board shall file a written report with the Commissioners Court
5163	5163	of Runnels County summarizing the board's actions in dissolving the
5164	5164	district.
5165	5165	(b) Not later than the 10th day after the date the
5166	5166	Commissioners Court of Runnels County receives the report and
5167	5167	determines that the requirements of this subchapter have been
5168	5168	fulfilled, the commissioners court shall enter an order dissolving
5169	5169	the district and releasing the board from any further duty or
5170	5170	obligation. (Acts 61st Leg., R.S., Ch. 206, Secs. 20b(k), (l).)
5171	5171	CHAPTER 1077. GAINESVILLE HOSPITAL DISTRICT
5172	5172	SUBCHAPTER A. GENERAL PROVISIONS
5173	5173	Sec. 1077.001. DEFINITIONS
5174	5174	Sec. 1077.002. AUTHORITY FOR OPERATION
5175	5175	Sec. 1077.003. POLITICAL SUBDIVISION
5176	5176	Sec. 1077.004. DISTRICT TERRITORY
5177	5177	Sec. 1077.005. PUBLIC PURPOSE; TAX EXEMPTION
5178	5178	Sec. 1077.006. DISTRICT SUPPORT AND MAINTENANCE NOT
5179	5179	STATE OBLIGATION
5180	5180	Sec. 1077.007. RESTRICTION ON STATE FINANCIAL
5181	5181	ASSISTANCE
5182	5182	[Sections 1077.008-1077.050 reserved for expansion]
5183	5183	SUBCHAPTER B. DISTRICT ADMINISTRATION
5184	5184	Sec. 1077.051. BOARD ELECTION; TERM
5185	5185	Sec. 1077.052. NOTICE OF ELECTION
5186	5186	Sec. 1077.053. QUALIFICATIONS FOR OFFICE
5187	5187	Sec. 1077.054. MEETING ATTENDANCE REQUIREMENT
5188	5188	Sec. 1077.055. BOARD VACANCY
5189	5189	Sec. 1077.056. OFFICERS
5190	5190	Sec. 1077.057. COMPENSATION; EXPENSES
5191	5191	Sec. 1077.058. DISTRICT ADMINISTRATOR; ASSISTANT
5192	5192	ADMINISTRATOR
5193	5193	Sec. 1077.059. GENERAL DUTIES OF DISTRICT
5194	5194	ADMINISTRATOR
5195	5195	Sec. 1077.060. APPOINTMENT AND DISMISSAL OF STAFF AND
5196	5196	EMPLOYEES
5197	5197	Sec. 1077.061. PERSONNEL CONTRACTS
5198	5198	Sec. 1077.062. RETIREMENT BENEFITS
5199	5199	[Sections 1077.063-1077.100 reserved for expansion]
5200	5200	SUBCHAPTER C. POWERS AND DUTIES
5201	5201	Sec. 1077.101. DISTRICT RESPONSIBILITY
5202	5202	Sec. 1077.102. RESTRICTION ON POLITICAL SUBDIVISION
5203	5203	TAXATION AND DEBT
5204	5204	Sec. 1077.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
5205	5205	Sec. 1077.104. RULES
5206	5206	Sec. 1077.105. PURCHASING AND ACCOUNTING PROCEDURES
5207	5207	Sec. 1077.106. DISTRICT PROPERTY, FACILITIES,
5208	5208	EQUIPMENT, AND SERVICES
5209	5209	Sec. 1077.107. EMINENT DOMAIN
5210	5210	Sec. 1077.108. GIFTS AND ENDOWMENTS
5211	5211	Sec. 1077.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
5212	5212	FOR CARE AND TREATMENT
5213	5213	Sec. 1077.110. PAYMENT FOR TREATMENT; PROCEDURES
5214	5214	Sec. 1077.111. AUTHORITY TO SUE AND BE SUED
5215	5215	[Sections 1077.112-1077.150 reserved for expansion]
5216	5216	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
5217	5217	Sec. 1077.151. BUDGET
5218	5218	Sec. 1077.152. PROPOSED BUDGET; NOTICE AND HEARING
5219	5219	Sec. 1077.153. FISCAL YEAR
5220	5220	Sec. 1077.154. AUDIT
5221	5221	Sec. 1077.155. FINANCIAL REPORT
5222	5222	Sec. 1077.156. DEPOSITORY
5223	5223	[Sections 1077.157-1077.200 reserved for expansion]
5224	5224	SUBCHAPTER E. BONDS
5225	5225	Sec. 1077.201. BONDS
5226	5226	Sec. 1077.202. TAX TO PAY BONDS
5227	5227	Sec. 1077.203. BOND ELECTION
5228	5228	Sec. 1077.204. REVENUE BONDS
5229	5229	Sec. 1077.205. MATURITY OF TAX BONDS
5230	5230	Sec. 1077.206. EXECUTION OF BONDS
5231	5231	[Sections 1077.207-1077.250 reserved for expansion]
5232	5232	SUBCHAPTER F. TAXES
5233	5233	Sec. 1077.251. IMPOSITION OF AD VALOREM TAX
5234	5234	Sec. 1077.252. TAX RATE
5235	5235	Sec. 1077.253. TAX ASSESSOR-COLLECTOR
5236	5236	CHAPTER 1077. GAINESVILLE HOSPITAL DISTRICT
5237	5237	SUBCHAPTER A. GENERAL PROVISIONS
5238	5238	Sec. 1077.001. DEFINITIONS. In this chapter:
5239	5239	(1) "Board" means the board of directors of the
5240	5240	district.
5241	5241	(2) "Director" means a member of the board.
5242	5242	(3) "District" means the Gainesville Hospital
5243	5243	District. (New.)
5244	5244	Sec. 1077.002. AUTHORITY FOR OPERATION. The Gainesville
5245	5245	Hospital District operates in accordance with Section 9, Article
5246	5246	IX, Texas Constitution. (Acts 64th Leg., R.S., Ch. 211, Sec. 1
5247	5247	(part).)
5248	5248	Sec. 1077.003. POLITICAL SUBDIVISION. The district is a
5249	5249	political subdivision of this state. (Acts 64th Leg., R.S., Ch.
5250	5250	211, Sec. 17 (part).)
5251	5251	Sec. 1077.004. DISTRICT TERRITORY. The boundaries of the
5252	5252	district are coextensive with the boundaries of Cooke County,
5253	5253	Texas, except that the district does not include territory located
5254	5254	in the Muenster Hospital District on the date the election to
5255	5255	approve the creation of the Gainesville Hospital District was
5256	5256	called. (Acts 64th Leg., R.S., Ch. 211, Sec. 1 (part).)
5257	5257	Sec. 1077.005. PUBLIC PURPOSE; TAX EXEMPTION. All property
5258	5258	owned by the district:
5259	5259	(1) shall be held for public purposes; and
5260	5260	(2) is exempt from taxation of every character by this
5261	5261	state or a political subdivision of this state. (Acts 64th Leg.,
5262	5262	R.S., Ch. 211, Sec. 17 (part).)
5263	5263	Sec. 1077.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
5264	5264	OBLIGATION. The support and maintenance of the district may not
5265	5265	become a charge against or obligation of this state. (Acts 64th
5266	5266	Leg., R.S., Ch. 211, Sec. 18 (part).)
5267	5267	Sec. 1077.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
5268	5268	The legislature may not make a direct appropriation for the
5269	5269	construction, maintenance, or improvement of a district facility.
5270	5270	(Acts 64th Leg., R.S., Ch. 211, Sec. 18 (part).)
5271	5271	[Sections 1077.008-1077.050 reserved for expansion]
5272	5272	SUBCHAPTER B. DISTRICT ADMINISTRATION
5273	5273	Sec. 1077.051. BOARD ELECTION; TERM. (a) The district is
5274	5274	governed by a board of nine directors.
5275	5275	(b) Directors serve staggered three-year terms.
5276	5276	(c) An election shall be held on the uniform election date
5277	5277	in May of each year to elect the appropriate number of directors.
5278	5278	(Acts 64th Leg., R.S., Ch. 211, Secs. 4(a), (b), (c) (part).)
5279	5279	Sec. 1077.052. NOTICE OF ELECTION. Notice of an election of
5280	5280	directors shall be published in a newspaper of general circulation
5281	5281	in the area of the district in accordance with Section 4.003,
5282	5282	Election Code. (Acts 64th Leg., R.S., Ch. 211, Sec. 4(c) (part).)
5283	5283	Sec. 1077.053. QUALIFICATIONS FOR OFFICE. To be qualified
5284	5284	to hold office as a director, a person must be:
5285	5285	(1) a resident of the district; and
5286	5286	(2) a registered voter. (Acts 64th Leg., R.S., Ch.
5287	5287	211, Sec. 4(g).)
5288	5288	Sec. 1077.054. MEETING ATTENDANCE REQUIREMENT. (a) A
5289	5289	director who fails to attend at least four regular meetings in any
5290	5290	12-month period is considered to have resigned the director's
5291	5291	position, effective immediately on the date of the fourth absence.
5292	5292	Further action is not required by the director or the board to
5293	5293	effectuate a vacancy under this subsection.
5294	5294	(b) A vacancy created by a resignation under this section
5295	5295	shall be filled as provided by Section 1077.055. (Acts 64th Leg.,
5296	5296	R.S., Ch. 211, Sec. 4(e).)
5297	5297	Sec. 1077.055. BOARD VACANCY. If a vacancy occurs in the
5298	5298	office of director, the remaining directors by majority vote shall
5299	5299	appoint a director for the unexpired term. (Acts 64th Leg., R.S.,
5300	5300	Ch. 211, Sec. 4(d).)
5301	5301	Sec. 1077.056. OFFICERS. The board shall elect from among
5302	5302	its members a president, vice president, secretary, and other
5303	5303	officers as in the judgment of the board are necessary. (Acts 64th
5304	5304	Leg., R.S., Ch. 211, Sec. 4(h).)
5305	5305	Sec. 1077.057. COMPENSATION; EXPENSES. A director is not
5306	5306	entitled to compensation but is entitled to receive actual expenses
5307	5307	incurred in attending to district business on approval of the
5308	5308	expenses by the remainder of the board. (Acts 64th Leg., R.S., Ch.
5309	5309	211, Sec. 4(f).)
5310	5310	Sec. 1077.058. DISTRICT ADMINISTRATOR; ASSISTANT
5311	5311	ADMINISTRATOR. (a) The board shall appoint a qualified person as
5312	5312	district administrator.
5313	5313	(b) The board may appoint an assistant administrator.
5314	5314	(c) The district administrator and any assistant
5315	5315	administrator serve at the will of the board and are entitled to the
5316	5316	compensation determined by the board.
5317	5317	(d) On assuming the duties of district administrator, the
5318	5318	administrator shall execute a bond payable to the district in an
5319	5319	amount set by the board of not less than $5,000 that:
5320	5320	(1) is conditioned on the administrator performing the
5321	5321	administrator's duties; and
5322	5322	(2) contains other conditions the board may require.
5323	5323	(e) The board may pay for the bond with district money.
5324	5324	(Acts 64th Leg., R.S., Ch. 211, Sec. 5(b) (part).)
5325	5325	Sec. 1077.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
5326	5326	Subject to the limitations prescribed by the board, the district
5327	5327	administrator shall:
5328	5328	(1) supervise the work and activities of the district;
5329	5329	and
5330	5330	(2) direct the affairs of the district. (Acts 64th
5331	5331	Leg., R.S., Ch. 211, Sec. 5(b) (part).)
5332	5332	Sec. 1077.060. APPOINTMENT AND DISMISSAL OF STAFF AND
5333	5333	EMPLOYEES. (a) The board may appoint to or dismiss from the
5334	5334	medical staff the physicians, dentists, and podiatrists the board
5335	5335	determines necessary for the efficient operation of the district.
5336	5336	(b) The district may employ technicians, nurses, fiscal
5337	5337	agents, accountants, architects, additional attorneys, and other
5338	5338	necessary employees.
5339	5339	(c) The board may delegate to the district administrator the
5340	5340	authority to hire district employees. (Acts 64th Leg., R.S., Ch.
5341	5341	211, Secs. 5(c), (d).)
5342	5342	Sec. 1077.061. PERSONNEL CONTRACTS. (a) The board may
5343	5343	contract with a nonprofit corporation for the corporation to
5344	5344	provide administrative and other personnel for the operation of the
5345	5345	hospital facilities.
5346	5346	(b) The term of the contract may not exceed 25 years from the
5347	5347	date the contract is executed. (Acts 64th Leg., R.S., Ch. 211, Sec.
5348	5348	5(f).)
5349	5349	Sec. 1077.062. RETIREMENT BENEFITS. The board may enter
5350	5350	into any contract or agreement with this state or the federal
5351	5351	government that is required to establish or continue a retirement
5352	5352	program for the benefit of the district's employees. (Acts 64th
5353	5353	Leg., R.S., Ch. 211, Sec. 5(e) (part).)
5354	5354	[Sections 1077.063-1077.100 reserved for expansion]
5355	5355	SUBCHAPTER C. POWERS AND DUTIES
5356	5356	Sec. 1077.101. DISTRICT RESPONSIBILITY. (a) The district
5357	5357	has full responsibility for operating all hospital facilities for
5358	5358	providing medical and hospital care of the indigent persons in the
5359	5359	district.
5360	5360	(b) The district shall provide medical and hospital care for
5361	5361	the district's needy inhabitants. (Acts 64th Leg., R.S., Ch. 211,
5362	5362	Secs. 2 (part), 16 (part).)
5363	5363	Sec. 1077.102. RESTRICTION ON POLITICAL SUBDIVISION
5364	5364	TAXATION AND DEBT. A political subdivision in the district, other
5365	5365	than the district, may not impose a tax or issue bonds or other
5366	5366	obligations for hospital purposes for medical treatment of indigent
5367	5367	persons in the district. (Acts 64th Leg., R.S., Ch. 211, Sec. 16
5368	5368	(part).)
5369	5369	Sec. 1077.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
5370	5370	The board shall manage, control, and administer the hospital system
5371	5371	and the district's money and resources. (Acts 64th Leg., R.S., Ch.
5372	5372	211, Sec. 5(a) (part).)
5373	5373	Sec. 1077.104. RULES. The board may adopt rules governing
5374	5374	the operation of the district and as required to administer this
5375	5375	chapter. (Acts 64th Leg., R.S., Ch. 211, Secs. 5(a) (part), (g)
5376	5376	(part).)
5377	5377	Sec. 1077.105. PURCHASING AND ACCOUNTING PROCEDURES. The
5378	5378	board may prescribe:
5379	5379	(1) the method and manner of making purchases and
5380	5380	expenditures by and for the district; and
5381	5381	(2) all accounting and control procedures. (Acts 64th
5382	5382	Leg., R.S., Ch. 211, Sec. 5(g) (part).)
5383	5383	Sec. 1077.106. DISTRICT PROPERTY, FACILITIES, EQUIPMENT,
5384	5384	AND SERVICES. (a) The board has exclusive authority to determine
5385	5385	the type, character, and use of facilities in the hospital system.
5386	5386	(b) The district may:
5387	5387	(1) purchase, construct, acquire, repair, or renovate
5388	5388	buildings and improvements; and
5389	5389	(2) equip buildings and improvements for hospital
5390	5390	purposes. (Acts 64th Leg., R.S., Ch. 211, Secs. 2 (part), 5(g)
5391	5391	(part).)
5392	5392	Sec. 1077.107. EMINENT DOMAIN. (a) The district may
5393	5393	exercise the power of eminent domain to acquire a fee simple or
5394	5394	other interest in any type of property located in district
5395	5395	territory if the interest is necessary or convenient for the
5396	5396	district to exercise a power, right, or privilege conferred by this
5397	5397	chapter.
5398	5398	(b) The district must exercise the power of eminent domain
5399	5399	in the manner provided by Chapter 21, Property Code. (Acts 64th
5400	5400	Leg., R.S., Ch. 211, Sec. 12.)
5401	5401	Sec. 1077.108. GIFTS AND ENDOWMENTS. The board may accept
5402	5402	for the district a gift or endowment to be held in trust and
5403	5403	administered by the board for the purposes and under the
5404	5404	directions, limitations, or other provisions prescribed in writing
5405	5405	by the donor that are not inconsistent with the proper management
5406	5406	and objectives of the district. (Acts 64th Leg., R.S., Ch. 211,
5407	5407	Sec. 15.)
5408	5408	Sec. 1077.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
5409	5409	CARE AND TREATMENT. (a) The board may contract with a county or
5410	5410	municipality located outside the district for the care and
5411	5411	treatment of a sick or injured person of that county or
5412	5412	municipality.
5413	5413	(b) The board may contract with this state or a federal
5414	5414	agency for the treatment of a sick or injured person for whom this
5415	5415	state or the agency is responsible. (Acts 64th Leg., R.S., Ch. 211,
5416	5416	Sec. 5(e) (part).)
5417	5417	Sec. 1077.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
5418	5418	When an indigent patient who resides in the district is admitted to
5419	5419	a district facility or a person who does not reside in the district
5420	5420	is admitted as an emergency patient to a district facility, the
5421	5421	district administrator shall have an inquiry made into the
5422	5422	circumstances of:
5423	5423	(1) the patient; and
5424	5424	(2) the patient's relatives who are legally liable for
5425	5425	the patient's support.
5426	5426	(b) If the district administrator determines that the
5427	5427	patient or those relatives cannot pay all or part of the costs of
5428	5428	the care and treatment in the hospital, the amount of the costs that
5429	5429	cannot be paid becomes a charge against the district as care for
5430	5430	indigents.
5431	5431	(c) If the district administrator determines that the
5432	5432	patient or those relatives can pay for all or part of the costs of
5433	5433	the patient's care and treatment, the patient or those relatives
5434	5434	shall be ordered to pay the district a specified amount each week
5435	5435	for the patient's support. The amount ordered must be
5436	5436	proportionate to the person's financial ability and may not exceed
5437	5437	the actual per capita cost of maintenance.
5438	5438	(d) The district administrator may collect the amount from
5439	5439	the estate of the patient, or from any relative who is legally
5440	5440	liable for the patient's support, in the manner provided by law for
5441	5441	the collection of expenses of the last illness of a deceased person.
5442	5442	(e) If there is a dispute as to the ability to pay, or doubt
5443	5443	in the mind of the district administrator, the board shall hold a
5444	5444	hearing and, after calling witnesses, shall:
5445	5445	(1) resolve the dispute or doubt; and
5446	5446	(2) issue any appropriate orders.
5447	5447	(f) A final order of the board may be appealed to the
5448	5448	district court. The substantial evidence rule applies to the
5449	5449	appeal. (Acts 64th Leg., R.S., Ch. 211, Sec. 14.)
5450	5450	Sec. 1077.111. AUTHORITY TO SUE AND BE SUED. As a
5451	5451	governmental entity, the district, through the board, may sue and
5452	5452	be sued in its own name in any court of this state. (Acts 64th Leg.,
5453	5453	R.S., Ch. 211, Secs. 5(a) (part), 17 (part).)
5454	5454	[Sections 1077.112-1077.150 reserved for expansion]
5455	5455	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
5456	5456	Sec. 1077.151. BUDGET. (a) The district administrator
5457	5457	shall prepare an annual budget for approval by the board.
5458	5458	(b) The budget must be for the next fiscal year and must
5459	5459	include:
5460	5460	(1) proposed expenditures and disbursements;
5461	5461	(2) estimated receipts and collections; and
5462	5462	(3) the amount of taxes required to be imposed for the
5463	5463	year. (Acts 64th Leg., R.S., Ch. 211, Sec. 6 (part).)
5464	5464	Sec. 1077.152. PROPOSED BUDGET; NOTICE AND HEARING. (a)
5465	5465	The board shall hold a public hearing on the proposed budget.
5466	5466	(b) Notice of the hearing must be published at least once in
5467	5467	a newspaper of general circulation in Cooke County not later than
5468	5468	the 10th day before the date of the hearing.
5469	5469	(c) Any district taxpayer is entitled to:
5470	5470	(1) appear at the time and place designated in the
5471	5471	notice; and
5472	5472	(2) be heard regarding any item included in the
5473	5473	proposed budget. (Acts 64th Leg., R.S., Ch. 211, Sec. 6 (part).)
5474	5474	Sec. 1077.153. FISCAL YEAR. (a) The district operates
5475	5475	according to a fiscal year established by the board.
5476	5476	(b) The fiscal year may not be changed more than once in a
5477	5477	36-month period. (Acts 64th Leg., R.S., Ch. 211, Sec. 6 (part).)
5478	5478	Sec. 1077.154. AUDIT. (a) The district shall have an audit
5479	5479	made of the district's financial condition.
5480	5480	(b) The audit shall be open to inspection at all times at the
5481	5481	district's principal office. (Acts 64th Leg., R.S., Ch. 211, Sec. 6
5482	5482	(part).)
5483	5483	Sec. 1077.155. FINANCIAL REPORT. As soon as practical
5484	5484	after the close of each fiscal year, the district administrator
5485	5485	shall prepare for the board:
5486	5486	(1) a complete sworn statement of all district money; and
5487	5487	(2) a complete account of the disbursements of that money.
5488	5488	(Acts 64th Leg., R.S., Ch. 211, Sec. 6 (part).)
5489	5489	Sec. 1077.156. DEPOSITORY. (a) The board shall select one
5490	5490	or more banks in the district to serve as a depository for district
5491	5491	money.
5492	5492	(b) District money shall be immediately deposited on
5493	5493	receipt with a depository bank to pay the principal of and interest
5494	5494	on the district's outstanding bonds on or before the maturity date
5495	5495	of the principal and interest.
5496	5496	(c) To the extent that money in a depository bank is not
5497	5497	insured by the Federal Deposit Insurance Corporation, the money
5498	5498	must be secured in the manner provided by law for the security of
5499	5499	county funds.
5500	5500	(d) Membership on the district's board of an officer or
5501	5501	director of a bank does not disqualify the bank from being
5502	5502	designated as a depository bank. (Acts 64th Leg., R.S., Ch. 211,
5503	5503	Sec. 13.)
5504	5504	[Sections 1077.157-1077.200 reserved for expansion]
5505	5505	SUBCHAPTER E. BONDS
5506	5506	Sec. 1077.201. BONDS. The board may issue and sell bonds
5507	5507	to:
5508	5508	(1) purchase, construct, acquire, repair, or renovate
5509	5509	buildings and improvements; and
5510	5510	(2) equip buildings and improvements for hospital
5511	5511	purposes. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
5512	5512	Sec. 1077.202. TAX TO PAY BONDS. (a) The board may issue
5513	5513	bonds under Section 1077.201 payable from ad valorem taxes. If the
5514	5514	bonds are payable from ad valorem taxes, the board shall impose an
5515	5515	ad valorem tax to create an interest and sinking fund sufficient to
5516	5516	pay the principal of and interest on the bonds as the bonds mature.
5517	5517	(b) The tax required by this section together with any other
5518	5518	ad valorem tax the district imposes may not in any year exceed 75
5519	5519	cents on each $100 valuation of all taxable property in the
5520	5520	district. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
5521	5521	Sec. 1077.203. BOND ELECTION. (a) The district may issue
5522	5522	bonds under Section 1077.201 that are payable from taxes only if the
5523	5523	bonds are authorized by a majority of the district voters voting at
5524	5524	an election held for that purpose.
5525	5525	(b) The board may order the election on its own motion.
5526	5526	(c) The order calling the election must specify:
5527	5527	(1) the date of the election;
5528	5528	(2) the location of the polling places;
5529	5529	(3) the presiding election officers;
5530	5530	(4) the purpose of the bond issuance;
5531	5531	(5) the amount of the bonds to be authorized; and
5532	5532	(6) the maximum maturity of the bonds.
5533	5533	(d) Notice of a bond election shall be given by publishing a
5534	5534	substantial copy of the order calling the election in a newspaper of
5535	5535	general circulation in the district once each week for two
5536	5536	consecutive weeks before the date of the election. The first
5537	5537	publication must occur at least 14 days before the date of the
5538	5538	election. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
5539	5539	Sec. 1077.204. REVENUE BONDS. (a) The board may issue
5540	5540	bonds under Section 1077.201 payable from the district's revenue.
5541	5541	The board may issue the revenue bonds without an election.
5542	5542	(b) The bonds must be payable from all or part of the revenue
5543	5543	derived from the operation of the district's hospitals.
5544	5544	(c) The bonds may be additionally secured by a mortgage or
5545	5545	deed of trust lien on all or part of district property.
5546	5546	(d) The bonds must be issued in the manner and in accordance
5547	5547	with the procedures and requirements prescribed by Sections
5548	5548	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
5549	5549	and Safety Code, for issuance of revenue bonds by a county hospital
5550	5550	authority. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
5551	5551	Sec. 1077.205. MATURITY OF TAX BONDS. District bonds
5552	5552	payable from taxes must mature not later than 40 years after the
5553	5553	date of issuance. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
5554	5554	Sec. 1077.206. EXECUTION OF BONDS. (a) The board president
5555	5555	shall execute the district bonds in the district's name.
5556	5556	(b) The board secretary shall countersign the bonds. (Acts
5557	5557	64th Leg., R.S., Ch. 211, Sec. 9 (part).)
5558	5558	[Sections 1077.207-1077.250 reserved for expansion]
5559	5559	SUBCHAPTER F. TAXES
5560	5560	Sec. 1077.251. IMPOSITION OF AD VALOREM TAX. (a) On final
5561	5561	approval of the annual budget, the board shall impose a tax on all
5562	5562	property in the district subject to district taxation.
5563	5563	(b) The board shall impose the tax to:
5564	5564	(1) pay the interest on and create a sinking fund for
5565	5565	bonds issued or assumed by the district for hospital purposes; and
5566	5566	(2) care for indigents. (Acts 64th Leg., R.S., Ch.
5567	5567	211, Secs. 6 (part), 7 (part).)
5568	5568	Sec. 1077.252. TAX RATE. (a) The board may impose the tax
5569	5569	at a rate not to exceed 75 cents on each $100 valuation of all
5570	5570	taxable property in the district.
5571	5571	(b) Not more than 65 cents of the rate authorized by
5572	5572	Subsection (a) may be imposed in any year to pay the interest on and
5573	5573	create a sinking fund for bonds issued or assumed by the district
5574	5574	for hospital purposes. (Acts 64th Leg., R.S., Ch. 211, Sec. 7
5575	5575	(part).)
5576	5576	Sec. 1077.253. TAX ASSESSOR-COLLECTOR. (a) Except as
5577	5577	provided by Subsection (b), the tax assessor-collector of Cooke
5578	5578	County shall assess and collect taxes imposed by the district.
5579	5579	(b) The board may appoint a district tax assessor-collector
5580	5580	under Section 285.041, Health and Safety Code. (Acts 64th Leg.,
5581	5581	R.S., Ch. 211, Secs. 6 (part), 7 (part).)
5582	5582	CHAPTER 1078. HOUSTON COUNTY HOSPITAL DISTRICT
5583	5583	SUBCHAPTER A. GENERAL PROVISIONS
5584	5584	Sec. 1078.001. DEFINITIONS
5585	5585	Sec. 1078.002. AUTHORITY FOR OPERATION
5586	5586	Sec. 1078.003. ESSENTIAL PUBLIC FUNCTION
5587	5587	Sec. 1078.004. DISTRICT TERRITORY
5588	5588	Sec. 1078.005. DISTRICT SUPPORT AND MAINTENANCE NOT
5589	5589	STATE OBLIGATION
5590	5590	Sec. 1078.006. RESTRICTION ON STATE FINANCIAL
5591	5591	ASSISTANCE
5592	5592	[Sections 1078.007-1078.050 reserved for expansion]
5593	5593	SUBCHAPTER B. DISTRICT ADMINISTRATION
5594	5594	Sec. 1078.051. BOARD ELECTION; TERM
5595	5595	Sec. 1078.052. NOTICE OF ELECTION
5596	5596	Sec. 1078.053. BALLOT PETITION
5597	5597	Sec. 1078.054. QUALIFICATIONS FOR OFFICE
5598	5598	Sec. 1078.055. BOND; RECORD OF BOND
5599	5599	Sec. 1078.056. BOARD VACANCY
5600	5600	Sec. 1078.057. OFFICERS
5601	5601	Sec. 1078.058. COMPENSATION; EXPENSES
5602	5602	Sec. 1078.059. VOTING REQUIREMENT
5603	5603	Sec. 1078.060. DISTRICT ADMINISTRATOR
5604	5604	Sec. 1078.061. GENERAL DUTIES OF DISTRICT
5605	5605	ADMINISTRATOR
5606	5606	Sec. 1078.062. ASSISTANT DISTRICT ADMINISTRATOR;
5607	5607	ATTORNEY
5608	5608	Sec. 1078.063. APPOINTMENTS AND RECRUITMENT OF STAFF
5609	5609	AND EMPLOYEES
5610	5610	Sec. 1078.064. RETIREMENT BENEFITS
5611	5611	[Sections 1078.065-1078.100 reserved for expansion]
5612	5612	SUBCHAPTER C. POWERS AND DUTIES
5613	5613	Sec. 1078.101. DISTRICT RESPONSIBILITY
5614	5614	Sec. 1078.102. RESTRICTION ON HOUSTON COUNTY TAXATION
5615	5615	AND DEBT
5616	5616	Sec. 1078.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
5617	5617	Sec. 1078.104. RULES
5618	5618	Sec. 1078.105. PURCHASING AND ACCOUNTING PROCEDURES
5619	5619	Sec. 1078.106. MOBILE EMERGENCY MEDICAL SERVICE
5620	5620	Sec. 1078.107. DISTRICT PROPERTY, FACILITIES, AND
5621	5621	EQUIPMENT
5622	5622	Sec. 1078.108. EMINENT DOMAIN
5623	5623	Sec. 1078.109. COST OF RELOCATING OR ALTERING PROPERTY
5624	5624	Sec. 1078.110. GIFTS AND ENDOWMENTS
5625	5625	Sec. 1078.111. LEASE OF DISTRICT PROPERTY
5626	5626	Sec. 1078.112. CONSTRUCTION CONTRACTS
5627	5627	Sec. 1078.113. OPERATING AND MANAGEMENT CONTRACTS
5628	5628	Sec. 1078.114. CONTRACTS FOR CARE
5629	5629	Sec. 1078.115. CONTRACTS WITH GOVERNMENTAL ENTITIES
5630	5630	FOR SERVICES
5631	5631	Sec. 1078.116. PAYMENT FOR TREATMENT; PROCEDURES
5632	5632	Sec. 1078.117. REIMBURSEMENT FOR SERVICE
5633	5633	Sec. 1078.118. AUTHORITY TO SUE AND BE SUED
5634	5634	[Sections 1078.119-1078.150 reserved for expansion]
5635	5635	SUBCHAPTER D. GENERAL FINANCE PROVISIONS
5636	5636	Sec. 1078.151. BUDGET
5637	5637	Sec. 1078.152. NOTICE; HEARING; ADOPTION OF BUDGET
5638	5638	Sec. 1078.153. AMENDMENTS TO BUDGET
5639	5639	Sec. 1078.154. RESTRICTION ON EXPENDITURES
5640	5640	Sec. 1078.155. FISCAL YEAR
5641	5641	Sec. 1078.156. ANNUAL AUDIT
5642	5642	Sec. 1078.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
5643	5643	RECORDS
5644	5644	Sec. 1078.158. FINANCIAL REPORT
5645	5645	Sec. 1078.159. DEPOSITORY
5646	5646	Sec. 1078.160. SPENDING AND INVESTMENT RESTRICTIONS
5647	5647	[Sections 1078.161-1078.200 reserved for expansion]
5648	5648	SUBCHAPTER E. BONDS
5649	5649	Sec. 1078.201. GENERAL OBLIGATION BONDS
5650	5650	Sec. 1078.202. TAX TO PAY GENERAL OBLIGATION BONDS
5651	5651	Sec. 1078.203. GENERAL OBLIGATION BOND ELECTION
5652	5652	Sec. 1078.204. REVENUE BONDS
5653	5653	Sec. 1078.205. REFUNDING BONDS
5654	5654	Sec. 1078.206. MATURITY OF BONDS
5655	5655	Sec. 1078.207. EXECUTION OF BONDS
5656	5656	Sec. 1078.208. BONDS EXEMPT FROM TAXATION
5657	5657	[Sections 1078.209-1078.250 reserved for expansion]
5658	5658	SUBCHAPTER F. AD VALOREM TAX
5659	5659	Sec. 1078.251. IMPOSITION OF AD VALOREM TAX
5660	5660	Sec. 1078.252. TAX RATE
5661	5661	Sec. 1078.253. TAX ASSESSOR-COLLECTOR
5662	5662	CHAPTER 1078. HOUSTON COUNTY HOSPITAL DISTRICT
5663	5663	SUBCHAPTER A. GENERAL PROVISIONS
5664	5664	Sec. 1078.001. DEFINITIONS. In this chapter:
5665	5665	(1) "Board" means the board of directors of the
5666	5666	district.
5667	5667	(2) "Director" means a member of the board.
5668	5668	(3) "District" means the Houston County Hospital
5669	5669	District. (Acts 69th Leg., R.S., Ch. 766, Sec. 1.01.)
5670	5670	Sec. 1078.002. AUTHORITY FOR OPERATION. The Houston County
5671	5671	Hospital District operates and is financed as provided by Section
5672	5672	9, Article IX, Texas Constitution, and by this chapter. (Acts 69th
5673	5673	Leg., R.S., Ch. 766, Sec. 1.02.)
5674	5674	Sec. 1078.003. ESSENTIAL PUBLIC FUNCTION. The district is
5675	5675	a public entity performing an essential public function. (Acts
5676	5676	69th Leg., R.S., Ch. 766, Sec. 7.11 (part).)
5677	5677	Sec. 1078.004. DISTRICT TERRITORY. The boundaries of the
5678	5678	district are coextensive with the boundaries of Houston County,
5679	5679	Texas, except that portion of Houston County within the boundaries
5680	5680	of the Grapeland Hospital District of Houston County, Texas, as
5681	5681	those boundaries existed on August 26, 1985, is not included in the
5682	5682	district. (Acts 69th Leg., R.S., Ch. 766, Sec. 1.03.)
5683	5683	Sec. 1078.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
5684	5684	OBLIGATION. The state may not become obligated for the support or
5685	5685	maintenance of the district. (Acts 69th Leg., R.S., Ch. 766, Sec.
5686	5686	9.01 (part).)
5687	5687	Sec. 1078.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
5688	5688	The legislature may not make a direct appropriation for the
5689	5689	construction, maintenance, or improvement of a district facility.
5690	5690	(Acts 69th Leg., R.S., Ch. 766, Sec. 9.01 (part).)
5691	5691	[Sections 1078.007-1078.050 reserved for expansion]
5692	5692	SUBCHAPTER B. DISTRICT ADMINISTRATION
5693	5693	Sec. 1078.051. BOARD ELECTION; TERM. (a) The district is
5694	5694	governed by a board of nine directors elected by place.
5695	5695	(b) Directors serve staggered two-year terms unless
5696	5696	four-year terms are established under Section 285.081, Health and
5697	5697	Safety Code. (Acts 69th Leg., R.S., Ch. 766, Secs. 4.01(a),
5698	5698	4.03(a), (d).)
5699	5699	Sec. 1078.052. NOTICE OF ELECTION. At least 35 days before
5700	5700	the date of an election of directors, notice of the election shall
5701	5701	be published one time in a newspaper with general circulation in the
5702	5702	district. (Acts 69th Leg., R.S., Ch. 766, Sec. 4.04.)
5703	5703	Sec. 1078.053. BALLOT PETITION. A person who wants to have
5704	5704	the person's name printed on the ballot as a candidate for director
5705	5705	must file with the board secretary a petition requesting that
5706	5706	action. The petition must:
5707	5707	(1) be signed by at least 100 registered voters of the
5708	5708	district as determined by the most recent official list of
5709	5709	registered voters;
5710	5710	(2) be filed not later than the 31st day before the
5711	5711	date of the election; and
5712	5712	(3) specify the place for which the person is to be a
5713	5713	candidate. (Acts 69th Leg., R.S., Ch. 766, Sec. 4.05.)
5714	5714	Sec. 1078.054. QUALIFICATIONS FOR OFFICE. (a) To be
5715	5715	eligible to be a candidate for or to serve as a director, a person
5716	5716	must be:
5717	5717	(1) a resident of the district; and
5718	5718	(2) a qualified voter.
5719	5719	(b) A district employee may not serve as a director. (Acts
5720	5720	69th Leg., R.S., Ch. 766, Sec. 4.06.)
5721	5721	Sec. 1078.055. BOND; RECORD OF BOND. (a) Before assuming
5722	5722	the duties of office, each director must execute a bond for $5,000
5723	5723	that is:
5724	5724	(1) payable to the district; and
5725	5725	(2) conditioned on the faithful performance of the
5726	5726	director's duties.
5727	5727	(b) The board may pay for a director's bond with district
5728	5728	money.
5729	5729	(c) The bond shall be kept in the permanent records of the
5730	5730	district. (Acts 69th Leg., R.S., Ch. 766, Sec. 4.08.)
5731	5731	Sec. 1078.056. BOARD VACANCY. If a vacancy occurs in the
5732	5732	office of director, the remaining directors shall appoint a
5733	5733	director for the unexpired term. (Acts 69th Leg., R.S., Ch. 766,
5734	5734	Sec. 4.09.)
5735	5735	Sec. 1078.057. OFFICERS. (a) The board shall elect a
5736	5736	president and a vice president from among its members.
5737	5737	(b) The board shall appoint a secretary, who need not be a
5738	5738	director.
5739	5739	(c) Each officer of the board serves for a term of one year.
5740	5740	(d) The board shall fill a vacancy in a board office for the
5741	5741	unexpired term. (Acts 69th Leg., R.S., Ch. 766, Secs. 4.10, 4.11.)
5742	5742	Sec. 1078.058. COMPENSATION; EXPENSES. A director or
5743	5743	officer serves without compensation but may be reimbursed for
5744	5744	actual expenses incurred in the performance of official duties.
5745	5745	The expenses must be:
5746	5746	(1) reported in the district's records; and
5747	5747	(2) approved by the board. (Acts 69th Leg., R.S., Ch.
5748	5748	766, Sec. 4.12.)
5749	5749	Sec. 1078.059. VOTING REQUIREMENT. A concurrence of a
5750	5750	majority of the directors voting is necessary in any matter
5751	5751	relating to district business. (Acts 69th Leg., R.S., Ch. 766, Sec.
5752	5752	4.13.)
5753	5753	Sec. 1078.060. DISTRICT ADMINISTRATOR. (a) The board may
5754	5754	appoint a qualified person as district administrator.
5755	5755	(b) The district administrator serves at the will of the
5756	5756	board and is entitled to the compensation determined by the board.
5757	5757	(c) Before assuming the duties of district administrator,
5758	5758	the administrator must execute a bond in the amount set by the board
5759	5759	of not less than $5,000 that is:
5760	5760	(1) payable to the district; and
5761	5761	(2) conditioned on the faithful performance of the
5762	5762	administrator's duties under this chapter.
5763	5763	(d) The board may pay for the bond with district money.
5764	5764	(Acts 69th Leg., R.S., Ch. 766, Secs. 4.14(a) (part), (b) (part),
5765	5765	(c) (part), (d).)
5766	5766	Sec. 1078.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
5767	5767	Subject to the limitations prescribed by the board, the district
5768	5768	administrator shall:
5769	5769	(1) supervise the work and activities of the district;
5770	5770	and
5771	5771	(2) direct the general affairs of the district. (Acts
5772	5772	69th Leg., R.S., Ch. 766, Sec. 4.17.)
5773	5773	Sec. 1078.062. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
5774	5774	(a) The board may appoint qualified persons as:
5775	5775	(1) the assistant district administrator; and
5776	5776	(2) the attorney for the district.
5777	5777	(b) The assistant district administrator and the attorney
5778	5778	for the district serve at the will of the board and are entitled to
5779	5779	the compensation determined by the board. (Acts 69th Leg., R.S.,
5780	5780	Ch. 766, Secs. 4.14(a) (part), (b) (part), (c) (part).)
5781	5781	Sec. 1078.063. APPOINTMENTS AND RECRUITMENT OF STAFF AND
5782	5782	EMPLOYEES. (a) The board may appoint to the staff any doctors the
5783	5783	board considers necessary for the efficient operation of the
5784	5784	district and may make temporary appointments as necessary.
5785	5785	(b) The district may employ technicians, nurses, fiscal
5786	5786	agents, accountants, architects, additional attorneys, and other
5787	5787	necessary employees.
5788	5788	(c) The board may delegate to the district administrator the
5789	5789	authority to employ persons for the district. (Acts 69th Leg.,
5790	5790	R.S., Ch. 766, Secs. 4.15, 4.16.)
5791	5791	Sec. 1078.064. RETIREMENT BENEFITS. The board may provide
5792	5792	retirement benefits for district employees by:
5793	5793	(1) establishing or administering a retirement
5794	5794	program; or
5795	5795	(2) participating in:
5796	5796	(A) the Texas County and District Retirement
5797	5797	System; or
5798	5798	(B) another statewide retirement system in which
5799	5799	the district is eligible to participate. (Acts 69th Leg., R.S., Ch.
5800	5800	766, Sec. 4.18.)
5801	5801	[Sections 1078.065-1078.100 reserved for expansion]
5802	5802	SUBCHAPTER C. POWERS AND DUTIES
5803	5803	Sec. 1078.101. DISTRICT RESPONSIBILITY. The district has
5804	5804	full responsibility for:
5805	5805	(1) operating hospital facilities; and
5806	5806	(2) providing medical and hospital care for the
5807	5807	district's needy inhabitants. (Acts 69th Leg., R.S., Ch. 766, Sec.
5808	5808	5.02 (part).)
5809	5809	Sec. 1078.102. RESTRICTION ON HOUSTON COUNTY TAXATION AND
5810	5810	DEBT. Houston County may not impose a tax or issue bonds or other
5811	5811	obligations for hospital purposes or to provide medical care for
5812	5812	district residents. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.01(b).)
5813	5813	Sec. 1078.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
5814	5814	The board shall manage, control, and administer the hospital system
5815	5815	and the district's money and resources. (Acts 69th Leg., R.S., Ch.
5816	5816	766, Sec. 5.03 (part).)
5817	5817	Sec. 1078.104. RULES. The board may adopt rules governing:
5818	5818	(1) the operation of the hospital and hospital system;
5819	5819	and
5820	5820	(2) the duties, functions, and responsibilities of the
5821	5821	district staff and employees. (Acts 69th Leg., R.S., Ch. 766, Sec.
5822	5822	5.04.)
5823	5823	Sec. 1078.105. PURCHASING AND ACCOUNTING PROCEDURES. The
5824	5824	board may prescribe:
5825	5825	(1) the method of making purchases and expenditures by
5826	5826	and for the district; and
5827	5827	(2) accounting and control procedures for the
5828	5828	district. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.05.)
5829	5829	Sec. 1078.106. MOBILE EMERGENCY MEDICAL SERVICE. The
5830	5830	district may operate or provide for the operation of a mobile
5831	5831	emergency medical service. (Acts 69th Leg., R.S., Ch. 766, Sec.
5832	5832	5.02 (part).)
5833	5833	Sec. 1078.107. DISTRICT PROPERTY, FACILITIES, AND
5834	5834	EQUIPMENT. (a) The board shall determine:
5835	5835	(1) the type, number, and location of buildings
5836	5836	required to maintain an adequate hospital system; and
5837	5837	(2) the type of equipment necessary for hospital care.
5838	5838	(b) The board may:
5839	5839	(1) acquire property, including facilities and
5840	5840	equipment, for the district for use in the hospital system; and
5841	5841	(2) mortgage or pledge the property as security for
5842	5842	the payment of the purchase price.
5843	5843	(c) The board may lease hospital facilities from others for
5844	5844	the district.
5845	5845	(d) The board may sell or otherwise dispose of property,
5846	5846	including facilities or equipment, for the district. (Acts 69th
5847	5847	Leg., R.S., Ch. 766, Secs. 5.06(a), (b), (c), (d).)
5848	5848	Sec. 1078.108. EMINENT DOMAIN. (a) The district may
5849	5849	exercise the power of eminent domain to acquire a fee simple or
5850	5850	other interest in property located in district territory if the
5851	5851	property interest is necessary to exercise a right or authority
5852	5852	conferred by this chapter.
5853	5853	(b) The district must exercise the power of eminent domain
5854	5854	in the manner provided by Chapter 21, Property Code, except the
5855	5855	district is not required to deposit money in the trial court or
5856	5856	execute a bond as provided by Section 21.021(a)(2) or (3), Property
5857	5857	Code.
5858	5858	(c) In a condemnation proceeding brought by the district,
5859	5859	the district is not required to:
5860	5860	(1) pay in advance or provide a bond or other security
5861	5861	for costs in the trial court;
5862	5862	(2) provide a bond for the issuance of a temporary
5863	5863	restraining order or a temporary injunction; or
5864	5864	(3) provide a bond for costs or a supersedeas bond on
5865	5865	an appeal or petition for review. (Acts 69th Leg., R.S., Ch. 766,
5866	5866	Sec. 5.09.)
5867	5867	Sec. 1078.109. COST OF RELOCATING OR ALTERING PROPERTY. In
5868	5868	exercising the power of eminent domain, if the board requires
5869	5869	relocating, raising, lowering, rerouting, changing the grade of, or
5870	5870	altering the construction of any railroad, highway, pipeline, or
5871	5871	electric transmission, telegraph, or telephone line, conduit,
5872	5872	pole, or facility, the district must bear the actual cost of
5873	5873	relocating, raising, lowering, rerouting, changing the grade, or
5874	5874	altering the construction to provide comparable replacement
5875	5875	without enhancement of facilities, after deducting the net salvage
5876	5876	value derived from the old facility. (Acts 69th Leg., R.S., Ch.
5877	5877	766, Sec. 5.10.)
5878	5878	Sec. 1078.110. GIFTS AND ENDOWMENTS. The board may accept
5879	5879	for the district a gift or endowment to be held in trust for any
5880	5880	purpose and under any direction, limitation, or other provision
5881	5881	prescribed in writing by the donor that is consistent with the
5882	5882	proper management of the district. (Acts 69th Leg., R.S., Ch. 766,
5883	5883	Sec. 5.14.)
5884	5884	Sec. 1078.111. LEASE OF DISTRICT PROPERTY. (a) The board
5885	5885	may lease all or part of the district's property, including
5886	5886	facilities or equipment, to any person on terms the board considers
5887	5887	to be in the district's best interest. The lease period may not
5888	5888	exceed 40 years.
5889	5889	(b) When leasing the property the board may delegate as it
5890	5890	considers appropriate the board's power to manage or operate the
5891	5891	leased property to furnish hospital care.
5892	5892	(c) For each leased property the board shall provide that
5893	5893	the lessee charge rates for services rendered or goods provided at
5894	5894	the leased premises that, together with other sources of the
5895	5895	lessee's revenue, produce an amount sufficient to enable the lessee
5896	5896	to pay the expenses of operating and maintaining the leased
5897	5897	premises required of the lessee under the lease. The lease must
5898	5898	also require the lessee to pay lease rentals to the district that
5899	5899	will be sufficient when taken with any other sources of the
5900	5900	district's estimated revenue that are pledged for the same purposes
5901	5901	to:
5902	5902	(1) pay the interest on any revenue or special
5903	5903	obligation bonds that are payable wholly or partly from the lease
5904	5904	rentals;
5905	5905	(2) create and maintain a sinking fund to pay the
5906	5906	principal of, interest on, and premium, if any, on the bonds as they
5907	5907	become due;
5908	5908	(3) create and maintain a bond reserve fund and other
5909	5909	fund as provided for in the bond resolution or trust indenture
5910	5910	authorizing the issuance of the bonds; and
5911	5911	(4) pay all other charges, fees, costs, and expenses
5912	5912	that the lessee is required to pay under the resolution or
5913	5913	indenture.
5914	5914	(d) The lease, management agreement, bond resolution, or
5915	5915	trust indenture may prescribe systems, methods, routines,
5916	5916	procedures, and policies for the operation of the buildings and
5917	5917	other facilities owned by the district. If all or part of the
5918	5918	district's buildings or other facilities are leased, the district
5919	5919	may delegate to the lessee the duty to establish the systems,
5920	5920	methods, routines, procedures, and policies for the operation of
5921	5921	the leased premises. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.06(e)
5922	5922	(part).)
5923	5923	Sec. 1078.112. CONSTRUCTION CONTRACTS. (a) The board may
5924	5924	enter into construction contracts for the district.
5925	5925	(b) The board may enter into a construction contract that
5926	5926	involves the expenditure of more than the amount provided by
5927	5927	Section 271.024, Local Government Code, only after competitive
5928	5928	bidding as provided by Subchapter B, Chapter 271, Local Government
5929	5929	Code. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.07(a).)
5930	5930	Sec. 1078.113. OPERATING AND MANAGEMENT CONTRACTS. The
5931	5931	district, through its board, may:
5932	5932	(1) enter into an operating or management contract
5933	5933	with any person relating to all or any part of its hospital
5934	5934	facility;
5935	5935	(2) delegate to the person the power to manage and
5936	5936	operate all or part of the hospital facilities or hospital system;
5937	5937	and
5938	5938	(3) employ and discharge employees or appoint and
5939	5939	remove doctors from the staff. (Acts 69th Leg., R.S., Ch. 766,
5940	5940	Secs. 5.03 (part), 5.08 (part).)
5941	5941	Sec. 1078.114. CONTRACTS FOR CARE. The board may contract
5942	5942	with any lessee of the district's hospital facilities or any other
5943	5943	person to provide hospital care to needy district inhabitants for
5944	5944	payments and under terms that the board considers to be in the
5945	5945	district's best interests. (Acts 69th Leg., R.S., Ch. 766, Sec.
5946	5946	5.08 (part).)
5947	5947	Sec. 1078.115. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
5948	5948	SERVICES. The board may contract with a political subdivision of
5949	5949	the state or with a state or federal agency for the district or for
5950	5950	any lessee of the district's hospital facilities to:
5951	5951	(1) furnish a mobile emergency medical service; or
5952	5952	(2) provide for the investigatory or welfare needs of
5953	5953	district inhabitants. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.13.)
5954	5954	Sec. 1078.116. PAYMENT FOR TREATMENT; PROCEDURES. (a)
5955	5955	When a person who resides in the district is admitted as a patient
5956	5956	to a district facility, the district administrator or a person
5957	5957	designated by the board may have an inquiry made into the financial
5958	5958	circumstances of:
5959	5959	(1) the patient; and
5960	5960	(2) a relative of the patient who is legally
5961	5961	responsible for the patient's support.
5962	5962	(b) To the extent that a patient or a relative of the patient
5963	5963	legally responsible for the patient's support cannot pay for care
5964	5964	and treatment provided by the district, the district shall supply
5965	5965	the care and treatment without charging the patient or the
5966	5966	patient's relative.
5967	5967	(c) On determining that the patient or a relative legally
5968	5968	responsible for the patient's support can pay for all or any part of
5969	5969	the care and treatment provided by the district, the district
5970	5970	administrator or the person designated by the board shall report
5971	5971	that determination to the board, and the board shall issue an order
5972	5972	directing the patient or the relative to pay the district a
5973	5973	specified amount each week. The amount must be based on the
5974	5974	person's ability to pay.
5975	5975	(d) The district administrator or the person designated by
5976	5976	the board may collect the amount owed to the district from the
5977	5977	patient's estate or from that of a relative legally responsible for
5978	5978	the patient's support in the manner provided by law for collection
5979	5979	of expenses in the last illness of a deceased person.
5980	5980	(e) If there is a dispute relating to a person's ability to
5981	5981	pay or if the district administrator or the person designated by the
5982	5982	board has any doubt concerning a person's ability to pay, the board
5983	5983	shall:
5984	5984	(1) call witnesses;
5985	5985	(2) hear and resolve the question; and
5986	5986	(3) issue a final order.
5987	5987	(f) The final order of the board may be appealed to a
5988	5988	district court in Houston County. The substantial evidence rule
5989	5989	applies to the appeal. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.11.)
5990	5990	Sec. 1078.117. REIMBURSEMENT FOR SERVICE. (a) The board
5991	5991	shall require a county or municipality located outside the district
5992	5992	to reimburse the district for the district's care and treatment of a
5993	5993	sick or injured person of that county or municipality.
5994	5994	(b) The board shall require the sheriff of Houston County to
5995	5995	reimburse the district for the district's care and treatment of a
5996	5996	person who is confined in a jail facility of Houston County and is
5997	5997	not a district resident.
5998	5998	(c) On behalf of the district, the board may contract with
5999	5999	the state or federal government for that government to reimburse
6000	6000	the district for treatment of a sick or injured person. (Acts 69th
6001	6001	Leg., R.S., Ch. 766, Sec. 5.12.)
6002	6002	Sec. 1078.118. AUTHORITY TO SUE AND BE SUED. The board may
6003	6003	sue and be sued on behalf of the district. (Acts 69th Leg., R.S.,
6004	6004	Ch. 766, Sec. 5.15.)
6005	6005	[Sections 1078.119-1078.150 reserved for expansion]
6006	6006	SUBCHAPTER D. GENERAL FINANCE PROVISIONS
6007	6007	Sec. 1078.151. BUDGET. (a) The district administrator
6008	6008	shall prepare a proposed annual budget for the district.
6009	6009	(b) The proposed budget must contain a complete financial
6010	6010	statement, including a statement of:
6011	6011	(1) the outstanding obligations of the district;
6012	6012	(2) the amount of cash on hand in each district fund;
6013	6013	(3) the amount of money received by the district from
6014	6014	all sources during the previous year;
6015	6015	(4) the amount of money available to the district from
6016	6016	all sources during the ensuing year;
6017	6017	(5) the amount of the balances expected at the end of
6018	6018	the year in which the budget is being prepared;
6019	6019	(6) the estimated amount of revenue and balances
6020	6020	available to cover the proposed budget; and
6021	6021	(7) the estimated tax rate required. (Acts 69th Leg.,
6022	6022	R.S., Ch. 766, Sec. 6.04.)
6023	6023	Sec. 1078.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
6024	6024	The board shall hold a public hearing on the proposed annual budget.
6025	6025	(b) The board shall publish notice of the hearing in a
6026	6026	newspaper with general circulation in the district not later than
6027	6027	the 10th day before the date of the hearing.
6028	6028	(c) Any district resident is entitled to be present and
6029	6029	participate at the hearing.
6030	6030	(d) At the conclusion of the hearing, the board shall adopt
6031	6031	a budget by acting on the budget proposed by the district
6032	6032	administrator. The board may make any changes in the proposed
6033	6033	budget that the board determines to be in the interests of the
6034	6034	taxpayers.
6035	6035	(e) The budget is effective only after adoption by the
6036	6036	board. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.05.)
6037	6037	Sec. 1078.153. AMENDMENTS TO BUDGET. After the annual
6038	6038	budget is adopted, the budget may be amended on the board's
6039	6039	approval. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.06.)
6040	6040	Sec. 1078.154. RESTRICTION ON EXPENDITURES. Money may be
6041	6041	spent only for an expense included in the budget or an amendment to
6042	6042	the budget. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.07.)
6043	6043	Sec. 1078.155. FISCAL YEAR. (a) The district operates
6044	6044	according to a fiscal year established by the board.
6045	6045	(b) The fiscal year may not be changed:
6046	6046	(1) during a period that revenue bonds of the district
6047	6047	are outstanding; or
6048	6048	(2) more than once in a 24-month period. (Acts 69th
6049	6049	Leg., R.S., Ch. 766, Sec. 6.01.)
6050	6050	Sec. 1078.156. ANNUAL AUDIT. The board annually shall have
6051	6051	an audit made of the district's financial condition. (Acts 69th
6052	6052	Leg., R.S., Ch. 766, Sec. 6.02.)
6053	6053	Sec. 1078.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
6054	6054	RECORDS. The annual audit and other district records shall be open
6055	6055	to inspection during regular business hours at the district's
6056	6056	principal office. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.03.)
6057	6057	Sec. 1078.158. FINANCIAL REPORT. As soon as practicable
6058	6058	after the close of the fiscal year, the district administrator
6059	6059	shall prepare for the board:
6060	6060	(1) a sworn statement of the amount of district money;
6061	6061	and
6062	6062	(2) an account of the disbursements of that money.
6063	6063	(Acts 69th Leg., R.S., Ch. 766, Sec. 6.08.)
6064	6064	Sec. 1078.159. DEPOSITORY. (a) The board shall select at
6065	6065	least one bank to serve as a depository for district money.
6066	6066	(b) District money, other than money invested as provided by
6067	6067	Section 1078.160(b) and money transmitted to a bank for payment of
6068	6068	bonds or obligations issued or assumed by the district, shall be
6069	6069	deposited as received with the depository bank and shall remain on
6070	6070	deposit. This subsection does not limit the power of the board to
6071	6071	place a part of district money on time deposit or to purchase
6072	6072	certificates of deposit.
6073	6073	(c) The district may not deposit money with a bank in an
6074	6074	amount that exceeds the maximum amount secured by the Federal
6075	6075	Deposit Insurance Corporation unless the bank first executes a bond
6076	6076	or other security in an amount sufficient to secure from loss the
6077	6077	district money that exceeds the amount secured by the Federal
6078	6078	Deposit Insurance Corporation. (Acts 69th Leg., R.S., Ch. 766,
6079	6079	Sec. 6.10.)
6080	6080	Sec. 1078.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
6081	6081	Except as provided by this section and Sections 1078.112, 1078.201,
6082	6082	1078.204, and 1078.205, the district may not incur a debt payable
6083	6083	from district revenue other than the revenue on hand or to be on
6084	6084	hand in the current and immediately following district fiscal
6085	6085	years.
6086	6086	(b) The board may invest operating, depreciation, or
6087	6087	building reserves only in funds or securities specified by Chapter
6088	6088	2256, Government Code. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.09.)
6089	6089	[Sections 1078.161-1078.200 reserved for expansion]
6090	6090	SUBCHAPTER E. BONDS
6091	6091	Sec. 1078.201. GENERAL OBLIGATION BONDS. If authorized by
6092	6092	an election, the board may issue and sell general obligation bonds
6093	6093	in the name and on the faith and credit of the district to:
6094	6094	(1) purchase, construct, acquire, repair, or renovate
6095	6095	buildings or improvements;
6096	6096	(2) equip buildings or improvements for hospital
6097	6097	purposes; or
6098	6098	(3) acquire and operate a mobile emergency medical
6099	6099	service. (Acts 69th Leg., R.S., Ch. 766, Sec. 7.01.)
6100	6100	Sec. 1078.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
6101	6101	the time general obligation bonds are issued by the district under
6102	6102	Section 1078.201, the board shall impose an ad valorem tax at a rate
6103	6103	sufficient to create an interest and sinking fund to pay the
6104	6104	principal of and interest on the bonds as the bonds mature.
6105	6105	(b) The tax required by this section together with any other
6106	6106	ad valorem tax the district imposes may not in any year exceed the
6107	6107	limit approved by the voters at the election authorizing the
6108	6108	imposition of a tax. (Acts 69th Leg., R.S., Ch. 766, Sec. 7.02.)
6109	6109	Sec. 1078.203. GENERAL OBLIGATION BOND ELECTION. (a) The
6110	6110	district may issue general obligation bonds only if the bonds are
6111	6111	authorized by a majority of the district voters.
6112	6112	(b) The board may order a bond election.
6113	6113	(c) The order calling the election must specify:
6114	6114	(1) the nature and date of the election;
6115	6115	(2) the hours during which the polls will be open;
6116	6116	(3) the location of the polling places;
6117	6117	(4) the amount of the bonds to be authorized; and
6118	6118	(5) the maximum maturity of the bonds.
6119	6119	(d) Notice of a bond election shall be given as provided by
6120	6120	Section 1251.003, Government Code.
6121	6121	(e) The board shall declare the results of the election.
6122	6122	(Acts 69th Leg., R.S., Ch. 766, Sec. 7.03.)
6123	6123	Sec. 1078.204. REVENUE BONDS. (a) The board may issue
6124	6124	revenue bonds to:
6125	6125	(1) purchase, construct, acquire, repair, renovate,
6126	6126	or equip buildings or improvements for hospital purposes;
6127	6127	(2) acquire sites to be used for hospital purposes; or
6128	6128	(3) acquire and operate a mobile emergency medical
6129	6129	service to assist the district in carrying out its hospital
6130	6130	purposes.
6131	6131	(b) The bonds must be payable from and secured by a pledge of
6132	6132	all or part of the revenue derived from the operation of the
6133	6133	district's hospital system.
6134	6134	(c) The bonds may be additionally secured by a mortgage or
6135	6135	deed of trust lien on all or part of district property.
6136	6136	(d) The bonds must be issued in the manner provided by
6137	6137	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
6138	6138	Health and Safety Code, for issuance of revenue bonds by a county
6139	6139	hospital authority. (Acts 69th Leg., R.S., Ch. 766, Sec. 7.04.)
6140	6140	Sec. 1078.205. REFUNDING BONDS. (a) The board may issue
6141	6141	refunding bonds to refund outstanding indebtedness issued or
6142	6142	assumed by the district.
6143	6143	(b) A refunding bond may be:
6144	6144	(1) sold, with the proceeds of the refunding bond
6145	6145	applied to the payment of the outstanding indebtedness; or
6146	6146	(2) exchanged wholly or partly for not less than a
6147	6147	similar principal amount of outstanding indebtedness. (Acts 69th
6148	6148	Leg., R.S., Ch. 766, Secs. 7.05(a), (c) (part).)
6149	6149	Sec. 1078.206. MATURITY OF BONDS. District bonds must
6150	6150	mature not later than 50 years after the date of issuance. (Acts
6151	6151	69th Leg., R.S., Ch. 766, Sec. 7.06 (part).)
6152	6152	Sec. 1078.207. EXECUTION OF BONDS. (a) The board president
6153	6153	shall execute district bonds in the district's name.
6154	6154	(b) The board secretary shall countersign the bonds in the
6155	6155	manner provided by Chapter 618, Government Code. (Acts 69th Leg.,
6156	6156	R.S., Ch. 766, Sec. 7.07.)
6157	6157	Sec. 1078.208. BONDS EXEMPT FROM TAXATION. The following
6158	6158	are exempt from taxation by this state or a political subdivision of
6159	6159	this state:
6160	6160	(1) bonds issued by the district;
6161	6161	(2) any transaction relating to the bonds; and
6162	6162	(3) profits made in the sale of the bonds. (Acts 69th
6163	6163	Leg., R.S., Ch. 766, Sec. 7.11 (part).)
6164	6164	[Sections 1078.209-1078.250 reserved for expansion]
6165	6165	SUBCHAPTER F. AD VALOREM TAX
6166	6166	Sec. 1078.251. IMPOSITION OF AD VALOREM TAX. (a) The board
6167	6167	may impose a tax on all property in the district subject to district
6168	6168	taxation.
6169	6169	(b) The tax shall be imposed for and may be pledged to:
6170	6170	(1) meet the requirements of district bonds and the
6171	6171	indebtedness assumed by the district;
6172	6172	(2) provide for the district's maintenance and
6173	6173	operating expenses, including the cost or contract payments for
6174	6174	hospital care for needy district inhabitants; and
6175	6175	(3) make improvements and additions to the district's
6176	6176	hospital facilities or hospital system and acquire necessary sites
6177	6177	for those improvements and additions by gift, purchase, lease, or
6178	6178	condemnation.
6179	6179	(c) The district may not impose a tax to pay the principal of
6180	6180	or interest on revenue bonds issued under this chapter. (Acts 69th
6181	6181	Leg., R.S., Ch. 766, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
6182	6182	Sec. 1078.252. TAX RATE. (a) The board may impose the tax
6183	6183	at a rate not to exceed the limit approved by the voters at the
6184	6184	election authorizing the imposition of the tax.
6185	6185	(b) The tax rate for all purposes may not exceed 75 cents on
6186	6186	each $100 valuation of all taxable property in the district.
6187	6187	(c) In setting the tax rate, the board shall consider the
6188	6188	income of the district from sources other than taxation. (Acts 69th
6189	6189	Leg., R.S., Ch. 766, Secs. 8.01(a) (part), (b), 8.03 (part).)
6190	6190	Sec. 1078.253. TAX ASSESSOR-COLLECTOR. The board may
6191	6191	provide for the appointment of a tax assessor-collector for the
6192	6192	district or may contract for the assessment and collection of taxes
6193	6193	as provided by the Tax Code. (Acts 69th Leg., R.S., Ch. 766, Sec.
6194	6194	8.04(b).)
6195	6195	CHAPTER 1079. JACK COUNTY HOSPITAL DISTRICT
6196	6196	SUBCHAPTER A. GENERAL PROVISIONS
6197	6197	Sec. 1079.001. DEFINITIONS
6198	6198	Sec. 1079.002. AUTHORITY FOR OPERATION
6199	6199	Sec. 1079.003. ESSENTIAL PUBLIC FUNCTION
6200	6200	Sec. 1079.004. DISTRICT TERRITORY
6201	6201	Sec. 1079.005. DISTRICT SUPPORT AND MAINTENANCE NOT
6202	6202	STATE OBLIGATION
6203	6203	Sec. 1079.006. RESTRICTION ON STATE FINANCIAL
6204	6204	ASSISTANCE
6205	6205	[Sections 1079.007-1079.050 reserved for expansion]
6206	6206	SUBCHAPTER B. DISTRICT ADMINISTRATION
6207	6207	Sec. 1079.051. BOARD ELECTION; TERM
6208	6208	Sec. 1079.052. QUALIFICATIONS FOR OFFICE
6209	6209	Sec. 1079.053. BOND; RECORD OF BOND
6210	6210	Sec. 1079.054. BOARD VACANCY
6211	6211	Sec. 1079.055. OFFICERS
6212	6212	Sec. 1079.056. COMPENSATION; EXPENSES
6213	6213	Sec. 1079.057. VOTING REQUIREMENT
6214	6214	Sec. 1079.058. DISTRICT ADMINISTRATOR
6215	6215	Sec. 1079.059. GENERAL DUTIES OF DISTRICT
6216	6216	ADMINISTRATOR
6217	6217	Sec. 1079.060. APPOINTMENT OF STAFF AND EMPLOYEES
6218	6218	Sec. 1079.061. RETIREMENT BENEFITS
6219	6219	[Sections 1079.062-1079.100 reserved for expansion]
6220	6220	SUBCHAPTER C. POWERS AND DUTIES
6221	6221	Sec. 1079.101. DISTRICT RESPONSIBILITY
6222	6222	Sec. 1079.102. RESTRICTION ON COUNTY TAXATION AND DEBT
6223	6223	Sec. 1079.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
6224	6224	Sec. 1079.104. RULES
6225	6225	Sec. 1079.105. PURCHASING AND ACCOUNTING PROCEDURES
6226	6226	Sec. 1079.106. MOBILE EMERGENCY MEDICAL SERVICE
6227	6227	Sec. 1079.107. DISTRICT PROPERTY, FACILITIES, AND
6228	6228	EQUIPMENT
6229	6229	Sec. 1079.108. EMINENT DOMAIN
6230	6230	Sec. 1079.109. COST OF RELOCATING OR ALTERING PROPERTY
6231	6231	Sec. 1079.110. GIFTS AND ENDOWMENTS
6232	6232	Sec. 1079.111. CONSTRUCTION CONTRACTS
6233	6233	Sec. 1079.112. OPERATING AND MANAGEMENT CONTRACTS
6234	6234	Sec. 1079.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
6235	6235	FOR SERVICES
6236	6236	Sec. 1079.114. PAYMENT FOR TREATMENT; PROCEDURES
6237	6237	Sec. 1079.115. REIMBURSEMENT FOR SERVICES
6238	6238	Sec. 1079.116. AUTHORITY TO SUE AND BE SUED
6239	6239	[Sections 1079.117-1079.150 reserved for expansion]
6240	6240	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6241	6241	Sec. 1079.151. BUDGET
6242	6242	Sec. 1079.152. NOTICE; HEARING; ADOPTION OF BUDGET
6243	6243	Sec. 1079.153. AMENDMENTS TO BUDGET
6244	6244	Sec. 1079.154. RESTRICTION ON EXPENDITURES
6245	6245	Sec. 1079.155. FISCAL YEAR
6246	6246	Sec. 1079.156. ANNUAL AUDIT
6247	6247	Sec. 1079.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
6248	6248	RECORDS
6249	6249	Sec. 1079.158. FINANCIAL REPORT
6250	6250	Sec. 1079.159. DEPOSITORY
6251	6251	Sec. 1079.160. SPENDING AND INVESTMENT RESTRICTIONS
6252	6252	[Sections 1079.161-1079.200 reserved for expansion]
6253	6253	SUBCHAPTER E. BONDS
6254	6254	Sec. 1079.201. GENERAL OBLIGATION BONDS
6255	6255	Sec. 1079.202. TAX TO PAY GENERAL OBLIGATION BONDS
6256	6256	Sec. 1079.203. GENERAL OBLIGATION BOND ELECTION
6257	6257	Sec. 1079.204. REVENUE BONDS
6258	6258	Sec. 1079.205. REFUNDING BONDS
6259	6259	Sec. 1079.206. MATURITY OF BONDS
6260	6260	Sec. 1079.207. EXECUTION OF BONDS
6261	6261	Sec. 1079.208. BONDS EXEMPT FROM TAXATION
6262	6262	[Sections 1079.209-1079.250 reserved for expansion]
6263	6263	SUBCHAPTER F. TAXES
6264	6264	Sec. 1079.251. IMPOSITION OF AD VALOREM TAX
6265	6265	Sec. 1079.252. TAX RATE
6266	6266	Sec. 1079.253. TAX ASSESSOR-COLLECTOR
6267	6267	CHAPTER 1079. JACK COUNTY HOSPITAL DISTRICT
6268	6268	SUBCHAPTER A. GENERAL PROVISIONS
6269	6269	Sec. 1079.001. DEFINITIONS. In this chapter:
6270	6270	(1) "Board" means the board of directors of the
6271	6271	district.
6272	6272	(2) "Director" means a member of the board.
6273	6273	(3) "District" means the Jack County Hospital
6274	6274	District. (Acts 70th Leg., R.S., Ch. 16, Sec. 1.01.)
6275	6275	Sec. 1079.002. AUTHORITY FOR OPERATION. The Jack County
6276	6276	Hospital District operates and is financed as provided by Section
6277	6277	9, Article IX, Texas Constitution, and by this chapter. (Acts 70th
6278	6278	Leg., R.S., Ch. 16, Sec. 1.02.)
6279	6279	Sec. 1079.003. ESSENTIAL PUBLIC FUNCTION. The district is
6280	6280	a public entity performing an essential public function. (Acts
6281	6281	70th Leg., R.S., Ch. 16, Sec. 7.11 (part).)
6282	6282	Sec. 1079.004. DISTRICT TERRITORY. The boundaries of the
6283	6283	district are coextensive with the boundaries of Jack County, Texas.
6284	6284	(Acts 70th Leg., R.S., Ch. 16, Sec. 1.03.)
6285	6285	Sec. 1079.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
6286	6286	OBLIGATION. This state may not become obligated for the support or
6287	6287	maintenance of the district. (Acts 70th Leg., R.S., Ch. 16, Sec.
6288	6288	9.01 (part).)
6289	6289	Sec. 1079.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
6290	6290	The legislature may not make a direct appropriation for the
6291	6291	construction, maintenance, or improvement of a district facility.
6292	6292	(Acts 70th Leg., R.S., Ch. 16, Sec. 9.01 (part).)
6293	6293	[Sections 1079.007-1079.050 reserved for expansion]
6294	6294	SUBCHAPTER B. DISTRICT ADMINISTRATION
6295	6295	Sec. 1079.051. BOARD ELECTION; TERM. (a) The board is
6296	6296	governed by five directors elected at large by place.
6297	6297	(b) Unless four-year terms are established under Section
6298	6298	285.081, Health and Safety Code:
6299	6299	(1) directors serve staggered two-year terms;
6300	6300	(2) a directors' election shall be held on the uniform
6301	6301	election date in May of each year; and
6302	6302	(3) the terms of the directors elected to places 1, 3,
6303	6303	and 5 expire in even-numbered years and the terms of the directors
6304	6304	elected to places 2 and 4 expire in odd-numbered years.
6305	6305	(c) A director's term begins on June 1 following the
6306	6306	director's election. (Acts 70th Leg., R.S., Ch. 16, Sec. 4.01;
6307	6307	Acts 74th Leg., R.S., Ch. 70, Sec. 4.)
6308	6308	Sec. 1079.052. QUALIFICATIONS FOR OFFICE. To be eligible
6309	6309	to be a candidate for or to serve as a director, a person must be:
6310	6310	(1) a resident of the district; and
6311	6311	(2) a qualified voter. (Acts 70th Leg., R.S., Ch. 16,
6312	6312	Sec. 4.02.)
6313	6313	Sec. 1079.053. BOND; RECORD OF BOND. (a) Before assuming
6314	6314	the duties of office, each director must execute a bond for $5,000
6315	6315	that is:
6316	6316	(1) payable to the district; and
6317	6317	(2) conditioned on the faithful performance of the
6318	6318	director's duties.
6319	6319	(b) The board may pay for a director's bond with district
6320	6320	money.
6321	6321	(c) The bond shall be kept in the permanent records of the
6322	6322	district. (Acts 70th Leg., R.S., Ch. 16, Sec. 4.03.)
6323	6323	Sec. 1079.054. BOARD VACANCY. If a vacancy occurs in the
6324	6324	office of director, the remaining directors shall appoint a
6325	6325	director for the unexpired term. (Acts 70th Leg., R.S., Ch. 16,
6326	6326	Sec. 4.04.)
6327	6327	Sec. 1079.055. OFFICERS. (a) The board shall elect a
6328	6328	president and a vice president from among its members.
6329	6329	(b) The board shall appoint a secretary, who need not be a
6330	6330	director.
6331	6331	(c) Each officer of the board serves for a term of one year.
6332	6332	(d) The board shall fill a vacancy in a board office for the
6333	6333	unexpired term. (Acts 70th Leg., R.S., Ch. 16, Secs. 4.05, 4.06.)
6334	6334	Sec. 1079.056. COMPENSATION; EXPENSES. A director or
6335	6335	officer serves without compensation but may be reimbursed for
6336	6336	actual expenses incurred in the performance of official duties.
6337	6337	The expenses must be:
6338	6338	(1) reported in the district's records; and
6339	6339	(2) approved by the board. (Acts 70th Leg., R.S., Ch.
6340	6340	16, Sec. 4.07.)
6341	6341	Sec. 1079.057. VOTING REQUIREMENT. A concurrence of a
6342	6342	majority of the directors voting is necessary in any matter
6343	6343	relating to district business. (Acts 70th Leg., R.S., Ch. 16, Sec.
6344	6344	4.08.)
6345	6345	Sec. 1079.058. DISTRICT ADMINISTRATOR. (a) The board may
6346	6346	appoint a qualified person as district administrator.
6347	6347	(b) The district administrator serves at the will of the
6348	6348	board and is entitled to the compensation determined by the board.
6349	6349	(c) Before assuming the duties of district administrator,
6350	6350	the administrator shall execute a bond in the amount determined by
6351	6351	the board of not less than $5,000 that is:
6352	6352	(1) payable to the district; and
6353	6353	(2) conditioned on the faithful performance of the
6354	6354	administrator's duties under this chapter.
6355	6355	(d) The board may pay for the bond with district money.
6356	6356	(Acts 70th Leg., R.S., Ch. 16, Sec. 4.09.)
6357	6357	Sec. 1079.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
6358	6358	Subject to the limitations prescribed by the board, the district
6359	6359	administrator shall:
6360	6360	(1) supervise the work and activities of the district;
6361	6361	and
6362	6362	(2) direct the general affairs of the district. (Acts
6363	6363	70th Leg., R.S., Ch. 16, Sec. 4.12.)
6364	6364	Sec. 1079.060. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
6365	6365	board may appoint to the staff any doctors the board considers
6366	6366	necessary for the efficient operation of the district and may make
6367	6367	temporary appointments as necessary.
6368	6368	(b) The district may employ technicians, nurses, fiscal
6369	6369	agents, accountants, architects, and other necessary employees.
6370	6370	(c) The board may delegate to the district administrator the
6371	6371	authority to employ persons for the district. (Acts 70th Leg.,
6372	6372	R.S., Ch. 16, Secs. 4.10, 4.11.)
6373	6373	Sec. 1079.061. RETIREMENT BENEFITS. The board may provide
6374	6374	retirement benefits for district employees by:
6375	6375	(1) establishing or administering a retirement
6376	6376	program; or
6377	6377	(2) participating in:
6378	6378	(A) the Texas County and District Retirement
6379	6379	System; or
6380	6380	(B) another statewide retirement system in which
6381	6381	the district is eligible to participate. (Acts 70th Leg., R.S., Ch.
6382	6382	16, Sec. 4.13.)
6383	6383	[Sections 1079.062-1079.100 reserved for expansion]
6384	6384	SUBCHAPTER C. POWERS AND DUTIES
6385	6385	Sec. 1079.101. DISTRICT RESPONSIBILITY. The district has
6386	6386	full responsibility for:
6387	6387	(1) operating hospital facilities; and
6388	6388	(2) providing medical and hospital care for the
6389	6389	district's needy inhabitants. (Acts 70th Leg., R.S., Ch. 16, Sec.
6390	6390	5.02 (part).)
6391	6391	Sec. 1079.102. RESTRICTION ON COUNTY TAXATION AND DEBT.
6392	6392	Jack County may not impose a tax or issue bonds or other obligations
6393	6393	for hospital purposes or to provide medical care for district
6394	6394	residents. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.01(b).)
6395	6395	Sec. 1079.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
6396	6396	The board shall manage, control, and administer the hospital system
6397	6397	and the district's money and resources. (Acts 70th Leg., R.S., Ch.
6398	6398	16, Sec. 5.03.)
6399	6399	Sec. 1079.104. RULES. The board may adopt rules governing:
6400	6400	(1) the operation of the hospital and hospital system;
6401	6401	and
6402	6402	(2) the duties, functions, and responsibilities of
6403	6403	district staff and employees. (Acts 70th Leg., R.S., Ch. 16, Sec.
6404	6404	5.04.)
6405	6405	Sec. 1079.105. PURCHASING AND ACCOUNTING PROCEDURES. The
6406	6406	board may prescribe:
6407	6407	(1) the method of making purchases and expenditures by
6408	6408	and for the district; and
6409	6409	(2) accounting and control procedures for the
6410	6410	district. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.05.)
6411	6411	Sec. 1079.106. MOBILE EMERGENCY MEDICAL SERVICE. The
6412	6412	district may operate or provide for the operation of a mobile
6413	6413	emergency medical service. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.02
6414	6414	(part).)
6415	6415	Sec. 1079.107. DISTRICT PROPERTY, FACILITIES, AND
6416	6416	EQUIPMENT. (a) The board shall determine:
6417	6417	(1) the type, number, and location of buildings
6418	6418	required to maintain an adequate hospital system; and
6419	6419	(2) the type of equipment necessary for hospital care.
6420	6420	(b) The board may:
6421	6421	(1) acquire property, including facilities and
6422	6422	equipment, for the district for use in the hospital system; and
6423	6423	(2) mortgage or pledge the property as security for
6424	6424	the payment of the purchase price.
6425	6425	(c) The board may lease hospital facilities for the
6426	6426	district.
6427	6427	(d) The board may sell or otherwise dispose of property,
6428	6428	including facilities or equipment, for the district. (Acts 70th
6429	6429	Leg., R.S., Ch. 16, Sec. 5.06.)
6430	6430	Sec. 1079.108. EMINENT DOMAIN. (a) The district may
6431	6431	exercise the power of eminent domain to acquire a fee simple or
6432	6432	other interest in property located in district territory if the
6433	6433	property interest is necessary to exercise a right or authority
6434	6434	conferred by this chapter.
6435	6435	(b) The district must exercise the power of eminent domain
6436	6436	in the manner provided by Chapter 21, Property Code, except that the
6437	6437	district is not required to deposit in the trial court money or a
6438	6438	bond as provided by Section 21.021(a), Property Code.
6439	6439	(c) In a condemnation proceeding brought by the district,
6440	6440	the district is not required to:
6441	6441	(1) pay in advance or provide a bond or other security
6442	6442	for costs in the trial court;
6443	6443	(2) provide a bond for the issuance of a temporary
6444	6444	restraining order or a temporary injunction; or
6445	6445	(3) provide a bond for costs or a supersedeas bond on
6446	6446	an appeal or petition for review. (Acts 70th Leg., R.S., Ch. 16,
6447	6447	Sec. 5.09.)
6448	6448	Sec. 1079.109. COST OF RELOCATING OR ALTERING PROPERTY. In
6449	6449	exercising the power of eminent domain, if the board requires
6450	6450	relocating, raising, lowering, rerouting, changing the grade of, or
6451	6451	altering the construction of any railroad, highway, pipeline, or
6452	6452	electric transmission and electric distribution, telegraph, or
6453	6453	telephone line, conduit, pole, or facility, the district must bear
6454	6454	the actual cost of relocating, raising, lowering, rerouting,
6455	6455	changing the grade, or altering the construction to provide
6456	6456	comparable replacement without enhancement of facilities, after
6457	6457	deducting the net salvage value derived from the old facility.
6458	6458	(Acts 70th Leg., R.S., Ch. 16, Sec. 5.10.)
6459	6459	Sec. 1079.110. GIFTS AND ENDOWMENTS. The board may accept
6460	6460	for the district a gift or endowment to be held in trust for any
6461	6461	purpose and under any direction, limitation, or other provision
6462	6462	prescribed in writing by the donor that is consistent with the
6463	6463	proper management of the district. (Acts 70th Leg., R.S., Ch. 16,
6464	6464	Sec. 5.14.)
6465	6465	Sec. 1079.111. CONSTRUCTION CONTRACTS. (a) The board may
6466	6466	enter into construction contracts for the district.
6467	6467	(b) The board may enter into a construction contract that
6468	6468	involves the expenditure of more than the amount provided by
6469	6469	Section 271.024, Local Government Code, only after competitive
6470	6470	bidding as provided by Subchapter B, Chapter 271, Local Government
6471	6471	Code. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.07(a).)
6472	6472	Sec. 1079.112. OPERATING AND MANAGEMENT CONTRACTS. The
6473	6473	board may enter into an operating or management contract relating
6474	6474	to a hospital facility for the district. (Acts 70th Leg., R.S., Ch.
6475	6475	16, Sec. 5.08.)
6476	6476	Sec. 1079.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
6477	6477	SERVICES. The board may contract with a political subdivision of
6478	6478	this state or with a state or federal agency for the district to:
6479	6479	(1) furnish a mobile emergency medical service; or
6480	6480	(2) provide for the investigatory or welfare needs of
6481	6481	district inhabitants. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.13.)
6482	6482	Sec. 1079.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
6483	6483	When a person who resides in the district is admitted as a patient
6484	6484	to a district facility, the district administrator may have an
6485	6485	inquiry made into the financial circumstances of:
6486	6486	(1) the patient; and
6487	6487	(2) a relative of the patient who is legally
6488	6488	responsible for the patient's support.
6489	6489	(b) To the extent that the patient or a relative of the
6490	6490	patient who is legally responsible for the patient's support cannot
6491	6491	pay for care and treatment provided by the district, the district
6492	6492	shall supply the care and treatment without charging the patient or
6493	6493	the patient's relative.
6494	6494	(c) On determining that the patient or a relative legally
6495	6495	responsible for the patient's support can pay for all or part of the
6496	6496	care and treatment provided by the district, the district
6497	6497	administrator shall report that determination to the board and the
6498	6498	board shall issue an order directing the patient or the relative to
6499	6499	pay the district a specified amount each week. The amount must be
6500	6500	based on the individual's ability to pay.
6501	6501	(d) The district administrator may collect the money owed to
6502	6502	the district from the patient's estate or from that of a relative
6503	6503	legally responsible for the patient's support in the manner
6504	6504	provided by law for collection of expenses in the last illness of a
6505	6505	deceased person.
6506	6506	(e) If there is a dispute relating to a person's ability to
6507	6507	pay or if the district administrator has any doubt concerning a
6508	6508	person's ability to pay, the board shall:
6509	6509	(1) call witnesses;
6510	6510	(2) hear and resolve the question; and
6511	6511	(3) issue a final order.
6512	6512	(f) The final order of the board may be appealed to a
6513	6513	district court in Jack County. The substantial evidence rule
6514	6514	applies to the appeal. (Acts 70th Leg., R.S., Ch. 16, Secs.
6515	6515	5.11(b), (c), (d), (e), (f).)
6516	6516	Sec. 1079.115. REIMBURSEMENT FOR SERVICES. (a) The board
6517	6517	shall require a county, municipality, or public hospital located
6518	6518	outside the district to reimburse the district for the district's
6519	6519	care and treatment of a sick or injured person of that county,
6520	6520	municipality, or public hospital as provided by Chapter 61, Health
6521	6521	and Safety Code.
6522	6522	(b) The board shall require the sheriff of Jack County or
6523	6523	the police chief of the City of Jacksboro to reimburse the district
6524	6524	for the district's care and treatment of a person who is confined in
6525	6525	a jail facility of Jack County or the City of Jacksboro and is not a
6526	6526	district resident.
6527	6527	(c) On behalf of the district, the board may contract with
6528	6528	the state or federal government for that government to reimburse
6529	6529	the district for treatment of a sick or injured person. (Acts 70th
6530	6530	Leg., R.S., Ch. 16, Sec. 5.12.)
6531	6531	Sec. 1079.116. AUTHORITY TO SUE AND BE SUED. The board may
6532	6532	sue and be sued on behalf of the district. (Acts 70th Leg., R.S.,
6533	6533	Ch. 16, Sec. 5.15.)
6534	6534	[Sections 1079.117-1079.150 reserved for expansion]
6535	6535	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6536	6536	Sec. 1079.151. BUDGET. (a) The district administrator
6537	6537	shall prepare a proposed annual budget for the district.
6538	6538	(b) The proposed budget must contain a complete financial
6539	6539	statement, including a statement of:
6540	6540	(1) the outstanding obligations of the district;
6541	6541	(2) the amount of cash on hand in each district fund;
6542	6542	(3) the amount of money received by the district from
6543	6543	all sources during the previous year;
6544	6544	(4) the amount of money available to the district from
6545	6545	all sources during the ensuing year;
6546	6546	(5) the amount of the balances expected at the end of
6547	6547	the year in which the budget is being prepared;
6548	6548	(6) the estimated amount of revenue and balances
6549	6549	available to cover the proposed budget; and
6550	6550	(7) the estimated tax rate required. (Acts 70th Leg.,
6551	6551	R.S., Ch. 16, Sec. 6.04.)
6552	6552	Sec. 1079.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
6553	6553	The board shall hold a public hearing on the proposed annual budget.
6554	6554	(b) The board shall publish notice of the hearing in a
6555	6555	newspaper with general circulation in the district not later than
6556	6556	the 10th day before the date of the hearing.
6557	6557	(c) Any district resident is entitled to be present and
6558	6558	participate at the hearing.
6559	6559	(d) At the conclusion of the hearing, the board shall adopt
6560	6560	a budget by acting on the budget proposed by the district
6561	6561	administrator. The board may make any changes in the proposed
6562	6562	budget that the board judges to be in the interests of the
6563	6563	taxpayers.
6564	6564	(e) The budget is effective only after adoption by the
6565	6565	board. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.05.)
6566	6566	Sec. 1079.153. AMENDMENTS TO BUDGET. After the annual
6567	6567	budget is adopted, the budget may be amended on the board's
6568	6568	approval. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.06.)
6569	6569	Sec. 1079.154. RESTRICTION ON EXPENDITURES. Money may be
6570	6570	spent only for an expense included in the budget or an amendment to
6571	6571	the budget. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.07.)
6572	6572	Sec. 1079.155. FISCAL YEAR. (a) The district operates
6573	6573	according to a fiscal year established by the board.
6574	6574	(b) The fiscal year may not be changed:
6575	6575	(1) during a period that revenue bonds of the district
6576	6576	are outstanding; or
6577	6577	(2) more than once in a 24-month period. (Acts 70th
6578	6578	Leg., R.S., Ch. 16, Sec. 6.01.)
6579	6579	Sec. 1079.156. ANNUAL AUDIT. The board annually shall have
6580	6580	an audit made of the district's financial condition. (Acts 70th
6581	6581	Leg., R.S., Ch. 16, Sec. 6.02.)
6582	6582	Sec. 1079.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
6583	6583	RECORDS. The annual audit and other district records shall be open
6584	6584	to inspection during regular business hours at the district's
6585	6585	principal office. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.03.)
6586	6586	Sec. 1079.158. FINANCIAL REPORT. As soon as practicable
6587	6587	after the close of the fiscal year, the district administrator
6588	6588	shall prepare for the board:
6589	6589	(1) a sworn statement of the amount of district money;
6590	6590	and
6591	6591	(2) an account of the disbursements of that money.
6592	6592	(Acts 70th Leg., R.S., Ch. 16, Sec. 6.08.)
6593	6593	Sec. 1079.159. DEPOSITORY. (a) The board shall select at
6594	6594	least one bank to serve as a depository for district money.
6595	6595	(b) District money, other than money invested as provided by
6596	6596	Section 1079.160(b) and money transmitted to a bank for payment of
6597	6597	bonds or obligations issued or assumed by the district, shall be
6598	6598	deposited as received with the depository bank and must remain on
6599	6599	deposit. This subsection does not limit the power of the board to
6600	6600	place a part of district money on time deposit or to purchase
6601	6601	certificates of deposit.
6602	6602	(c) The district may not deposit money with a bank in an
6603	6603	amount that exceeds the maximum amount secured by the Federal
6604	6604	Deposit Insurance Corporation unless the bank first executes a bond
6605	6605	or other security in an amount sufficient to secure from loss the
6606	6606	district money that exceeds the amount secured by the Federal
6607	6607	Deposit Insurance Corporation. (Acts 70th Leg., R.S., Ch. 16, Sec.
6608	6608	6.10.)
6609	6609	Sec. 1079.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
6610	6610	Except as provided by Sections 1079.111, 1079.201, 1079.204, and
6611	6611	1079.205, the district may not incur a debt payable from district
6612	6612	revenue other than the revenue on hand or to be on hand in the
6613	6613	current and the immediately following district fiscal years.
6614	6614	(b) The board may invest operating, depreciation, or
6615	6615	building reserves only in funds or securities specified by Chapter
6616	6616	2256, Government Code. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.09.)
6617	6617	[Sections 1079.161-1079.200 reserved for expansion]
6618	6618	SUBCHAPTER E. BONDS
6619	6619	Sec. 1079.201. GENERAL OBLIGATION BONDS. If authorized by
6620	6620	an election, the board may issue and sell general obligation bonds
6621	6621	in the name and on the faith and credit of the district to:
6622	6622	(1) purchase, construct, acquire, repair, or renovate
6623	6623	buildings or improvements;
6624	6624	(2) equip buildings or improvements for hospital
6625	6625	purposes; or
6626	6626	(3) acquire and operate a mobile emergency medical
6627	6627	service. (Acts 70th Leg., R.S., Ch. 16, Sec. 7.01.)
6628	6628	Sec. 1079.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
6629	6629	the time general obligation bonds are issued by the district under
6630	6630	Section 1079.201, the board shall impose an ad valorem tax at a rate
6631	6631	sufficient to create an interest and sinking fund to pay the
6632	6632	principal of and interest on the bonds as the bonds mature.
6633	6633	(b) The tax required by this section together with any other
6634	6634	ad valorem tax the district imposes may not in any year exceed the
6635	6635	limit approved by the voters at the election authorizing the
6636	6636	imposition of the tax. (Acts 70th Leg., R.S., Ch. 16, Sec. 7.02.)
6637	6637	Sec. 1079.203. GENERAL OBLIGATION BOND ELECTION. (a) The
6638	6638	district may issue general obligation bonds only if the bonds are
6639	6639	authorized by a majority of the district voters voting at an
6640	6640	election held for that purpose.
6641	6641	(b) The board may order a bond election.
6642	6642	(c) The order calling the election must specify:
6643	6643	(1) the nature and date of the election;
6644	6644	(2) the hours during which the polls will be open;
6645	6645	(3) the location of the polling places;
6646	6646	(4) the amount of the bonds to be authorized; and
6647	6647	(5) the maximum maturity of the bonds.
6648	6648	(d) Notice of a bond election shall be given as provided by
6649	6649	Section 1251.003, Government Code.
6650	6650	(e) The board shall declare the results of the election.
6651	6651	(Acts 70th Leg., R.S., Ch. 16, Sec. 7.03.)
6652	6652	Sec. 1079.204. REVENUE BONDS. (a) The board may issue
6653	6653	revenue bonds to:
6654	6654	(1) purchase, construct, acquire, repair, renovate,
6655	6655	or equip buildings or improvements for hospital purposes;
6656	6656	(2) acquire sites to be used for hospital purposes; or
6657	6657	(3) acquire and operate a mobile emergency medical
6658	6658	service to assist the district in carrying out its hospital
6659	6659	purposes.
6660	6660	(b) The bonds must be payable from and secured by a pledge of
6661	6661	all or part of the revenue derived from the operation of the
6662	6662	district's hospital system.
6663	6663	(c) The bonds may be additionally secured by a mortgage or
6664	6664	deed of trust lien on all or part of district property.
6665	6665	(d) The bonds must be issued in the manner provided by
6666	6666	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
6667	6667	Health and Safety Code, for issuance of revenue bonds by a county
6668	6668	hospital authority. (Acts 70th Leg., R.S., Ch. 16, Sec. 7.04.)
6669	6669	Sec. 1079.205. REFUNDING BONDS. (a) The board may issue
6670	6670	refunding bonds to refund an outstanding indebtedness issued or
6671	6671	assumed by the district.
6672	6672	(b) Refunding bonds may be:
6673	6673	(1) sold, with the proceeds of the refunding bonds
6674	6674	applied to the payment of the outstanding indebtedness; or
6675	6675	(2) exchanged wholly or partly for not less than a
6676	6676	similar principal amount of outstanding indebtedness. (Acts 70th
6677	6677	Leg., R.S., Ch. 16, Secs. 7.05(a), (c) (part).)
6678	6678	Sec. 1079.206. MATURITY OF BONDS. District bonds must
6679	6679	mature not later than 50 years after the date of issuance. (Acts
6680	6680	70th Leg., R.S., Ch. 16, Sec. 7.06 (part).)
6681	6681	Sec. 1079.207. EXECUTION OF BONDS. (a) The board president
6682	6682	shall execute district bonds in the district's name.
6683	6683	(b) The board secretary shall countersign the bonds in the
6684	6684	manner provided by Chapter 618, Government Code. (Acts 70th Leg.,
6685	6685	R.S., Ch. 16, Sec. 7.07.)
6686	6686	Sec. 1079.208. BONDS EXEMPT FROM TAXATION. The following
6687	6687	are exempt from taxation by this state or a political subdivision of
6688	6688	this state:
6689	6689	(1) bonds issued by the district;
6690	6690	(2) any transaction relating to the bonds; and
6691	6691	(3) profits made in the sale of the bonds. (Acts 70th
6692	6692	Leg., R.S., Ch. 16, Sec. 7.11 (part).)
6693	6693	[Sections 1079.209-1079.250 reserved for expansion]
6694	6694	SUBCHAPTER F. TAXES
6695	6695	Sec. 1079.251. IMPOSITION OF AD VALOREM TAX. (a) The board
6696	6696	may impose a tax on all property in the district subject to district
6697	6697	taxation.
6698	6698	(b) The tax may be used to pay:
6699	6699	(1) indebtedness issued or assumed by the district;
6700	6700	and
6701	6701	(2) the maintenance and operating expenses of the
6702	6702	district.
6703	6703	(c) The district may not impose a tax to pay the principal of
6704	6704	or interest on revenue bonds issued under this chapter. (Acts 70th
6705	6705	Leg., R.S., Ch. 16, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
6706	6706	Sec. 1079.252. TAX RATE. (a) The board may impose the tax
6707	6707	at a rate not to exceed the limit approved by the voters at the
6708	6708	election authorizing the imposition of the tax.
6709	6709	(b) The tax rate for all purposes may not exceed 75 cents on
6710	6710	each $100 valuation of all taxable property in the district.
6711	6711	(c) In setting the tax rate, the board shall consider the
6712	6712	income of the district from sources other than taxation. (Acts 70th
6713	6713	Leg., R.S., Ch. 16, Secs. 8.01(a) (part), (b), 8.03 (part).)
6714	6714	Sec. 1079.253. TAX ASSESSOR-COLLECTOR. The board may
6715	6715	provide for the appointment of a tax assessor-collector for the
6716	6716	district or may contract for the assessment and collection of taxes
6717	6717	as provided by the Tax Code. (Acts 70th Leg., R.S., Ch. 16, Sec.
6718	6718	8.04(b).)
6719	6719	CHAPTER 1080. NIXON HOSPITAL DISTRICT OF GONZALES AND WILSON COUNTIES, TEXAS
6720	6720	COUNTIES, TEXAS
6721	6721	SUBCHAPTER A. GENERAL PROVISIONS
6722	6722	Sec. 1080.001. DEFINITIONS
6723	6723	Sec. 1080.002. AUTHORITY FOR CREATION
6724	6724	Sec. 1080.003. DISTRICT TERRITORY
6725	6725	Sec. 1080.004. DISTRICT SUPPORT AND MAINTENANCE NOT
6726	6726	STATE OBLIGATION
6727	6727	Sec. 1080.005. RESTRICTION ON STATE FINANCIAL
6728	6728	ASSISTANCE
6729	6729	[Sections 1080.006-1080.050 reserved for expansion]
6730	6730	SUBCHAPTER B. DISTRICT ADMINISTRATION
6731	6731	Sec. 1080.051. BOARD ELECTION; TERMS
6732	6732	Sec. 1080.052. QUALIFICATIONS FOR OFFICE
6733	6733	Sec. 1080.053. BOND; RECORD OF BOND AND OATH OR
6734	6734	AFFIRMATION OF OFFICE
6735	6735	Sec. 1080.054. OFFICERS
6736	6736	Sec. 1080.055. COMPENSATION; EXPENSES
6737	6737	Sec. 1080.056. DISTRICT ADMINISTRATOR
6738	6738	Sec. 1080.057. EMPLOYEES
6739	6739	Sec. 1080.058. MAINTENANCE OF RECORDS; PUBLIC
6740	6740	INSPECTION
6741	6741	[Sections 1080.059-1080.100 reserved for expansion]
6742	6742	SUBCHAPTER C. POWERS AND DUTIES
6743	6743	Sec. 1080.101. DISTRICT RESPONSIBILITY
6744	6744	Sec. 1080.102. RESTRICTION ON POLITICAL SUBDIVISION
6745	6745	TAXATION AND DEBT
6746	6746	Sec. 1080.103. MANAGEMENT AND CONTROL OF THE DISTRICT
6747	6747	Sec. 1080.104. HOSPITAL SYSTEM
6748	6748	Sec. 1080.105. RULES
6749	6749	Sec. 1080.106. PURCHASING AND ACCOUNTING PROCEDURES
6750	6750	Sec. 1080.107. EMINENT DOMAIN
6751	6751	Sec. 1080.108. GIFTS AND ENDOWMENTS
6752	6752	Sec. 1080.109. CONTRACTS WITH POLITICAL SUBDIVISIONS
6753	6753	FOR HOSPITAL AND MEDICAL CARE
6754	6754	Sec. 1080.110. CONTRACT CONCERNING HEALTH CARE
6755	6755	FACILITY IN DISTRICT
6756	6756	Sec. 1080.111. PAYMENT FOR TREATMENT; PROCEDURE
6757	6757	[Sections 1080.112-1080.150 reserved for expansion]
6758	6758	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6759	6759	Sec. 1080.151. BUDGET
6760	6760	Sec. 1080.152. PROPOSED BUDGET: NOTICE AND HEARING
6761	6761	Sec. 1080.153. FISCAL YEAR
6762	6762	Sec. 1080.154. ANNUAL AUDIT
6763	6763	Sec. 1080.155. DEPOSITORY
6764	6764	[Sections 1080.156-1080.200 reserved for expansion]
6765	6765	SUBCHAPTER E. BONDS
6766	6766	Sec. 1080.201. BONDS
6767	6767	Sec. 1080.202. TAX TO PAY BONDS
6768	6768	Sec. 1080.203. BOND ELECTION
6769	6769	Sec. 1080.204. MATURITY OF BONDS
6770	6770	Sec. 1080.205. EXECUTION OF BONDS
6771	6771	[Sections 1080.206-1080.250 reserved for expansion]
6772	6772	SUBCHAPTER F. TAXES
6773	6773	Sec. 1080.251. IMPOSITION OF AD VALOREM TAX
6774	6774	Sec. 1080.252. TAX RATE
6775	6775	Sec. 1080.253. TAX ASSESSOR-COLLECTOR
6776	6776	CHAPTER 1080. NIXON HOSPITAL DISTRICT OF GONZALES AND WILSON
6777	6777	COUNTIES, TEXAS
6778	6778	SUBCHAPTER A. GENERAL PROVISIONS
6779	6779	Sec. 1080.001. DEFINITIONS. In this chapter:
6780	6780	(1) "Board" means the board of directors of the
6781	6781	district.
6782	6782	(2) "Director" means a member of the board.
6783	6783	(3) "District" means the Nixon Hospital District of
6784	6784	Gonzales and Wilson Counties, Texas. (New.)
6785	6785	Sec. 1080.002. AUTHORITY FOR CREATION. The Nixon Hospital
6786	6786	District of Gonzales and Wilson Counties, Texas, is created under
6787	6787	the authority of Section 9, Article IX, Texas Constitution. (Acts
6788	6788	59th Leg., R.S., Ch. 644, Sec. 1.)
6789	6789	Sec. 1080.003. DISTRICT TERRITORY. (a) The district is
6790	6790	composed of the territory described by Section 2(a), Chapter 644,
6791	6791	Acts of the 59th Legislature, Regular Session, 1965.
6792	6792	Notwithstanding the metes and bounds description provided by that
6793	6793	section, the district does not include any land in Karnes County.
6794	6794	(b) The district's boundaries described by Section 2(a),
6795	6795	Chapter 644, Acts of the 59th Legislature, Regular Session, 1965,
6796	6796	form a closure. An error in copying the description of the
6797	6797	boundaries does not affect the validity of the district. (Acts 59th
6798	6798	Leg., R.S., Ch. 644, Secs. 2(b), (c); New.)
6799	6799	Sec. 1080.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
6800	6800	OBLIGATION. The support and maintenance of the district's hospital
6801	6801	system and any indebtedness incurred by the district under this
6802	6802	chapter may not become a charge against or obligation of this state.
6803	6803	(Acts 59th Leg., R.S., Ch. 644, Sec. 17 (part).)
6804	6804	Sec. 1080.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
6805	6805	The legislature may not make a direct appropriation for the
6806	6806	construction, maintenance, or improvement of a district facility.
6807	6807	(Acts 59th Leg., R.S., Ch. 644, Sec. 17 (part).)
6808	6808	[Sections 1080.006-1080.050 reserved for expansion]
6809	6809	SUBCHAPTER B. DISTRICT ADMINISTRATION
6810	6810	Sec. 1080.051. BOARD ELECTION; TERMS. (a) The board
6811	6811	consists of seven directors elected from the district at large.
6812	6812	(b) Directors serve staggered two-year terms unless
6813	6813	four-year terms are established under Section 285.081, Health and
6814	6814	Safety Code. (Acts 59th Leg., R.S., Ch. 644, Secs. 5(a) (part), (e),
6815	6815	(f), (h) (part).)
6816	6816	Sec. 1080.052. QUALIFICATIONS FOR OFFICE. To qualify for
6817	6817	election to the board, a person must:
6818	6818	(1) be at least 18 years of age;
6819	6819	(2) have been a resident of the district for at least
6820	6820	two years;
6821	6821	(3) be a qualified voter; and
6822	6822	(4) own taxable property in the district and have duly
6823	6823	rendered that property for taxation. (Acts 59th Leg., R.S., Ch.
6824	6824	644, Sec. 5(b).)
6825	6825	Sec. 1080.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
6826	6826	OF OFFICE. (a) A person elected to the board shall qualify for
6827	6827	office by executing a good and sufficient commercial bond for
6828	6828	$1,000 that is:
6829	6829	(1) payable to the district; and
6830	6830	(2) conditioned on the faithful performance of the
6831	6831	director's duties.
6832	6832	(b) The district shall pay for a director's bond.
6833	6833	(c) Each director's bond and constitutional oath or
6834	6834	affirmation of office shall be deposited with the district's
6835	6835	depository for safekeeping. (Acts 59th Leg., R.S., Ch. 644, Sec.
6836	6836	6(a).)
6837	6837	Sec. 1080.054. OFFICERS. The board shall elect from among
6838	6838	its members a president, a secretary, and a treasurer at the first
6839	6839	meeting after each directors' election. (Acts 59th Leg., R.S., Ch.
6840	6840	644, Sec. 6(b).)
6841	6841	Sec. 1080.055. COMPENSATION; EXPENSES. A director is not
6842	6842	entitled to compensation but is entitled to reimbursement for
6843	6843	necessary expenses incurred in the performance of official duties.
6844	6844	(Acts 59th Leg., R.S., Ch. 644, Sec. 6(c).)
6845	6845	Sec. 1080.056. DISTRICT ADMINISTRATOR. (a) The board may
6846	6846	employ a district administrator to manage the operations of the
6847	6847	hospital system.
6848	6848	(b) The district administrator may employ necessary
6849	6849	personnel to perform the services provided by the hospital system.
6850	6850	(Acts 59th Leg., R.S., Ch. 644, Sec. 11(e) (part).)
6851	6851	Sec. 1080.057. EMPLOYEES. The board may employ an
6852	6852	attorney, a general manager, a bookkeeper, an architect, and other
6853	6853	employees necessary for the efficient operation of the district.
6854	6854	(Acts 59th Leg., R.S., Ch. 644, Sec. 11(e) (part).)
6855	6855	Sec. 1080.058. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
6856	6856	The board shall:
6857	6857	(1) maintain all district records, including books,
6858	6858	accounts, notices, minutes, and other matters of the district and
6859	6859	its operation, at the district office; and
6860	6860	(2) make those records available for public inspection
6861	6861	at reasonable times. (Acts 59th Leg., R.S., Ch. 644, Sec. 11(b).)
6862	6862	[Sections 1080.059-1080.100 reserved for expansion]
6863	6863	SUBCHAPTER C. POWERS AND DUTIES
6864	6864	Sec. 1080.101. DISTRICT RESPONSIBILITY. The district shall
6865	6865	provide all necessary hospital and medical care for the district's
6866	6866	needy inhabitants. (Acts 59th Leg., R.S., Ch. 644, Sec. 3(a)
6867	6867	(part).)
6868	6868	Sec. 1080.102. RESTRICTION ON POLITICAL SUBDIVISION
6869	6869	TAXATION AND DEBT. A political subdivision of this state, other
6870	6870	than the district, may not impose a tax or issue bonds or other
6871	6871	obligations to provide hospital service or medical care in the
6872	6872	district. (Acts 59th Leg., R.S., Ch. 644, Sec. 3(a) (part).)
6873	6873	Sec. 1080.103. MANAGEMENT AND CONTROL OF THE DISTRICT. The
6874	6874	management and control of the district is vested in the board, and
6875	6875	the board has full power to manage and control the district. (Acts
6876	6876	59th Leg., R.S., Ch. 644, Secs. 5(a) (part), 11(a) (part).)
6877	6877	Sec. 1080.104. HOSPITAL SYSTEM. The district has the
6878	6878	responsibility to establish a hospital, hospital system, or clinic
6879	6879	within its boundaries to provide hospital and medical care to the
6880	6880	district's residents. (Acts 59th Leg., R.S., Ch. 644, Sec. 3(a)
6881	6881	(part).)
6882	6882	Sec. 1080.105. RULES. (a) The board shall adopt rules for
6883	6883	the efficient operation of the district, including district
6884	6884	facilities.
6885	6885	(b) The board shall:
6886	6886	(1) publish the rules in book form; and
6887	6887	(2) provide copies to interested persons on request at
6888	6888	district expense. (Acts 59th Leg., R.S., Ch. 644, Sec. 11(c).)
6889	6889	Sec. 1080.106. PURCHASING AND ACCOUNTING PROCEDURES. The
6890	6890	board may prescribe the method of making purchases and expenditures
6891	6891	and the manner of accounting and control used by the district.
6892	6892	(Acts 59th Leg., R.S., Ch. 644, Sec. 11(e) (part).)
6893	6893	Sec. 1080.107. EMINENT DOMAIN. (a) The district may
6894	6894	exercise the power of eminent domain to acquire a fee simple or
6895	6895	other interest in real, personal, or mixed property located in
6896	6896	district territory if the interest is necessary for the district to
6897	6897	exercise a power or duty conferred on the district by this chapter.
6898	6898	(b) The district must exercise the power of eminent domain
6899	6899	in the manner provided by Chapter 21, Property Code, except the
6900	6900	district is not required to deposit in the trial court money or a
6901	6901	bond as provided by Section 21.021(a), Property Code.
6902	6902	(c) In a condemnation proceeding, the district is not
6903	6903	required to:
6904	6904	(1) pay in advance or provide a bond or other security
6905	6905	for costs in the trial court; or
6906	6906	(2) provide a bond for costs or a supersedeas bond on
6907	6907	an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 644,
6908	6908	Sec. 14.)
6909	6909	Sec. 1080.108. GIFTS AND ENDOWMENTS. The board may accept
6910	6910	for the district a gift or endowment to be held in trust and
6911	6911	administered by the board under the directions, limitations, or
6912	6912	other provisions prescribed in writing by the donor that are not
6913	6913	inconsistent with the proper management of the district. (Acts
6914	6914	59th Leg., R.S., Ch. 644, Sec. 11(f).)
6915	6915	Sec. 1080.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR
6916	6916	HOSPITAL AND MEDICAL CARE. The board may contract with another
6917	6917	political subdivision to provide hospital and medical care for
6918	6918	needy persons who reside outside the district. (Acts 59th Leg.,
6919	6919	R.S., Ch. 644, Sec. 11(g).)
6920	6920	Sec. 1080.110. CONTRACT CONCERNING HEALTH CARE FACILITY IN
6921	6921	DISTRICT. The district may contract with any of the following
6922	6922	entities for the entity to lease, manage, or operate a health care
6923	6923	facility in the district:
6924	6924	(1) the DeWitt Medical District; and
6925	6925	(2) Gonzales Healthcare Systems. (Acts 59th Leg.,
6926	6926	R.S., Ch. 644, Secs. 3(b), (c).)
6927	6927	Sec. 1080.111. PAYMENT FOR TREATMENT; PROCEDURE. (a) A
6928	6928	person who resides in the district is entitled to receive necessary
6929	6929	medical and hospital care regardless of whether the person has the
6930	6930	ability to pay for the care and may apply to receive this care
6931	6931	without cost.
6932	6932	(b) The board or the district administrator shall employ a
6933	6933	person to investigate the ability of the patient and any relative
6934	6934	who is liable for the patient's support to pay for the medical and
6935	6935	hospital care received by the patient.
6936	6936	(c) If the investigator determines that the patient or
6937	6937	relative legally liable for the patient's support cannot pay all or
6938	6938	part of the costs of the patient's care, the expense of the care
6939	6939	becomes a charge against the district.
6940	6940	(d) If the patient or a relative legally liable for the
6941	6941	patient's support can pay for all or part of the costs of the
6942	6942	patient's care, the board shall order the patient or relative to pay
6943	6943	to the treasurer each week an amount specified in the order. The
6944	6944	amount must be proportionate to the person's ability to pay.
6945	6945	(e) The district may collect the amount from the patient's
6946	6946	estate, or from any relative who is liable for the patient's
6947	6947	support, in the manner provided by law for the collection of
6948	6948	expenses of the last illness of a deceased person.
6949	6949	(f) If there is a dispute as to the ability to pay, or doubt
6950	6950	in the mind of the investigator, the board shall hold a hearing and,
6951	6951	after calling witnesses, shall:
6952	6952	(1) determine the question; and
6953	6953	(2) make the proper order based on the board's
6954	6954	findings.
6955	6955	(g) A party to the hearing who is not satisfied with the
6956	6956	result of the order may appeal to the district court. The appeal is
6957	6957	de novo, as that term is used in an appeal from a justice court to a
6958	6958	county court. (Acts 59th Leg., R.S., Ch. 644, Sec. 13.)
6959	6959	[Sections 1080.112-1080.150 reserved for expansion]
6960	6960	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6961	6961	Sec. 1080.151. BUDGET. The board shall prepare a budget
6962	6962	that includes:
6963	6963	(1) proposed expenditures and disbursements;
6964	6964	(2) estimated receipts and collections for the next
6965	6965	fiscal year; and
6966	6966	(3) the amount of taxes required to be imposed to meet
6967	6967	the proposed budget. (Acts 59th Leg., R.S., Ch. 644, Sec. 12(b).)
6968	6968	Sec. 1080.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
6969	6969	The board shall hold a public hearing on the proposed budget.
6970	6970	(b) Notice of the hearing must be published at least once in
6971	6971	a newspaper of general circulation in each county in the district
6972	6972	not later than the 10th day before the date of the hearing.
6973	6973	(c) Any person who owns taxable property in the district and
6974	6974	has duly rendered that property for taxation is entitled to:
6975	6975	(1) appear at the hearing; and
6976	6976	(2) be heard regarding any item in the proposed
6977	6977	budget. (Acts 59th Leg., R.S., Ch. 644, Secs. 12(c), (d).)
6978	6978	Sec. 1080.153. FISCAL YEAR. The district's fiscal year is
6979	6979	from October 1 to September 30. (Acts 59th Leg., R.S., Ch. 644,
6980	6980	Sec. 12(a).)
6981	6981	Sec. 1080.154. ANNUAL AUDIT. (a) The board annually shall
6982	6982	require an independent audit of the district's books and records.
6983	6983	(b) Not later than December 1 of each year, the board shall
6984	6984	file a copy of the audit with:
6985	6985	(1) the comptroller; and
6986	6986	(2) the district. (Acts 59th Leg., R.S., Ch. 644, Sec.
6987	6987	11(d).)
6988	6988	Sec. 1080.155. DEPOSITORY. (a) The board by resolution
6989	6989	shall designate a bank in Gonzales or Wilson County as the
6990	6990	district's depository. The designated bank serves for two years
6991	6991	and until a successor is designated.
6992	6992	(b) All district money shall be deposited in the depository
6993	6993	and secured in the manner provided for securing county funds. (Acts
6994	6994	59th Leg., R.S., Ch. 644, Sec. 15.)
6995	6995	[Sections 1080.156-1080.200 reserved for expansion]
6996	6996	SUBCHAPTER E. BONDS
6997	6997	Sec. 1080.201. BONDS. The district may issue bonds to:
6998	6998	(1) purchase, construct, acquire, repair, or renovate
6999	6999	buildings or improvements; and
7000	7000	(2) equip buildings for hospital purposes. (Acts 59th
7001	7001	Leg., R.S., Ch. 644, Sec. 9(a) (part).)
7002	7002	Sec. 1080.202. TAX TO PAY BONDS. The board may issue bonds
7003	7003	under Section 1080.201 only if the board imposes an ad valorem tax
7004	7004	at a rate sufficient to create an interest and sinking fund to pay
7005	7005	the principal of and interest on the bonds as the bonds mature.
7006	7006	(Acts 59th Leg., R.S., Ch. 644, Secs. 10(a) (part), (c).)
7007	7007	Sec. 1080.203. BOND ELECTION. (a) The board may issue
7008	7008	bonds under Section 1080.201 only if the bonds are authorized by a
7009	7009	majority of district voters voting in an election held for that
7010	7010	purpose. The total face value of the bonds may not exceed the amount
7011	7011	specified in the election order.
7012	7012	(b) The board may order a bond election at any time.
7013	7013	(c) The order calling an election must include:
7014	7014	(1) the time of the election;
7015	7015	(2) the location of the polling places;
7016	7016	(3) the form of the ballots;
7017	7017	(4) the presiding judge for each polling place;
7018	7018	(5) the purpose of the bond issuance;
7019	7019	(6) the amount of the bonds to be authorized;
7020	7020	(7) the maximum interest rate of the bonds; and
7021	7021	(8) the maximum maturity of the bonds.
7022	7022	(d) A substantial copy of the election order shall be
7023	7023	published in a newspaper of general circulation in each county in
7024	7024	the district once a week for two consecutive weeks before the date
7025	7025	of the election. The first notice must be published at least 14
7026	7026	days before the date of the election.
7027	7027	(e) A copy of the election results must be filed with the
7028	7028	county clerks of Gonzales and Wilson Counties and become a public
7029	7029	record. (Acts 59th Leg., R.S., Ch. 644, Secs. 4(c), (d), (e)
7030	7030	(part), 9(a) (part), (b), (d), 10(a) (part).)
7031	7031	Sec. 1080.204. MATURITY OF BONDS. District bonds must
7032	7032	mature not later than 40 years after the date of issuance. (Acts
7033	7033	59th Leg., R.S., Ch. 644, Sec. 9(c) (part).)
7034	7034	Sec. 1080.205. EXECUTION OF BONDS. (a) The board president
7035	7035	shall execute the district's bonds in the district's name.
7036	7036	(b) The board secretary shall countersign the bonds. (Acts
7037	7037	59th Leg., R.S., Ch. 644, Sec. 10(b) (part).)
7038	7038	[Sections 1080.206-1080.250 reserved for expansion]
7039	7039	SUBCHAPTER F. TAXES
7040	7040	Sec. 1080.251. IMPOSITION OF AD VALOREM TAX. (a) The board
7041	7041	shall impose a tax on all property in the district subject to
7042	7042	district taxation.
7043	7043	(b) The tax may be used only to:
7044	7044	(1) pay the interest on and create a sinking fund for
7045	7045	bonds issued under this chapter;
7046	7046	(2) provide for the operation and maintenance of the
7047	7047	district and hospital system;
7048	7048	(3) make improvements and additions to the hospital
7049	7049	system; and
7050	7050	(4) acquire sites for additions to the hospital
7051	7051	system. (Acts 59th Leg., R.S., Ch. 644, Secs. 8(a) (part), (c).)
7052	7052	Sec. 1080.252. TAX RATE. The board may impose the tax at a
7053	7053	rate not to exceed 75 cents on each $100 valuation of taxable
7054	7054	property in the district. (Acts 59th Leg., R.S., Ch. 644, Sec. 8(a)
7055	7055	(part).)
7056	7056	Sec. 1080.253. TAX ASSESSOR-COLLECTOR. The tax
7057	7057	assessor-collectors of Gonzales and Wilson Counties shall collect
7058	7058	the district taxes imposed on property located in each
7059	7059	assessor-collector's respective county. (Acts 59th Leg., R.S., Ch.
7060	7060	644, Sec. 8(d) (part).)
7061	7061	CHAPTER 1081. NOCONA HOSPITAL DISTRICT
7062	7062	SUBCHAPTER A. GENERAL PROVISIONS
7063	7063	Sec. 1081.001. DEFINITIONS
7064	7064	Sec. 1081.002. AUTHORITY FOR OPERATION
7065	7065	Sec. 1081.003. ESSENTIAL PUBLIC FUNCTION
7066	7066	Sec. 1081.004. DISTRICT TERRITORY
7067	7067	Sec. 1081.005. CORRECTION OF INVALID PROCEDURES
7068	7068	Sec. 1081.006. DISTRICT SUPPORT AND MAINTENANCE NOT
7069	7069	STATE OBLIGATION
7070	7070	Sec. 1081.007. RESTRICTION ON STATE FINANCIAL
7071	7071	ASSISTANCE
7072	7072	[Sections 1081.008-1081.050 reserved for expansion]
7073	7073	SUBCHAPTER B. DISTRICT ADMINISTRATION
7074	7074	Sec. 1081.051. BOARD ELECTION; TERM
7075	7075	Sec. 1081.052. QUALIFICATIONS FOR OFFICE
7076	7076	Sec. 1081.053. BOARD VACANCY
7077	7077	Sec. 1081.054. OFFICERS
7078	7078	Sec. 1081.055. COMPENSATION; EXPENSES
7079	7079	Sec. 1081.056. QUORUM
7080	7080	Sec. 1081.057. VOTING REQUIREMENT
7081	7081	Sec. 1081.058. CHIEF EXECUTIVE OFFICER; ASSISTANT TO
7082	7082	CHIEF EXECUTIVE OFFICER
7083	7083	Sec. 1081.059. GENERAL DUTIES OF CHIEF EXECUTIVE
7084	7084	OFFICER
7085	7085	Sec. 1081.060. APPOINTMENT OF STAFF AND EMPLOYEES
7086	7086	[Sections 1081.061-1081.100 reserved for expansion]
7087	7087	SUBCHAPTER C. POWERS AND DUTIES
7088	7088	Sec. 1081.101. DISTRICT RESPONSIBILITY
7089	7089	Sec. 1081.102. RESTRICTION ON POLITICAL SUBDIVISION
7090	7090	TAXATION AND DEBT
7091	7091	Sec. 1081.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
7092	7092	Sec. 1081.104. HOSPITAL SYSTEM
7093	7093	Sec. 1081.105. RULES
7094	7094	Sec. 1081.106. PURCHASING AND ACCOUNTING PROCEDURES
7095	7095	Sec. 1081.107. DISTRICT PROPERTY, FACILITIES, AND
7096	7096	EQUIPMENT
7097	7097	Sec. 1081.108. EMINENT DOMAIN
7098	7098	Sec. 1081.109. GIFTS AND ENDOWMENTS
7099	7099	Sec. 1081.110. CONSTRUCTION CONTRACTS
7100	7100	Sec. 1081.111. OPERATING AND MANAGEMENT CONTRACTS
7101	7101	Sec. 1081.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
7102	7102	FOR HOSPITALIZATION
7103	7103	Sec. 1081.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
7104	7104	FOR INVESTIGATORY AND OTHER SERVICES
7105	7105	Sec. 1081.114. CARE AND TREATMENT FOR INDIGENT
7106	7106	Sec. 1081.115. AUTHORITY TO SUE AND BE SUED
7107	7107	[Sections 1081.116-1081.150 reserved for expansion]
7108	7108	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7109	7109	Sec. 1081.151. BUDGET
7110	7110	Sec. 1081.152. NOTICE; HEARING; ADOPTION OF BUDGET
7111	7111	Sec. 1081.153. AMENDMENTS TO BUDGET
7112	7112	Sec. 1081.154. RESTRICTION ON EXPENDITURES
7113	7113	Sec. 1081.155. FISCAL YEAR
7114	7114	Sec. 1081.156. AUDIT
7115	7115	Sec. 1081.157. INSPECTION OF AUDIT AND DISTRICT
7116	7116	RECORDS
7117	7117	Sec. 1081.158. FINANCIAL REPORT
7118	7118	Sec. 1081.159. DEPOSITORY
7119	7119	Sec. 1081.160. SPENDING AND INVESTMENT RESTRICTIONS
7120	7120	[Sections 1081.161-1081.200 reserved for expansion]
7121	7121	SUBCHAPTER E. BONDS
7122	7122	Sec. 1081.201. GENERAL OBLIGATION BONDS
7123	7123	Sec. 1081.202. TAX TO PAY GENERAL OBLIGATION BONDS
7124	7124	Sec. 1081.203. GENERAL OBLIGATION BOND ELECTION
7125	7125	Sec. 1081.204. REVENUE BONDS
7126	7126	Sec. 1081.205. MATURITY OF BONDS
7127	7127	Sec. 1081.206. EXECUTION OF BONDS
7128	7128	Sec. 1081.207. BONDS EXEMPT FROM TAXATION
7129	7129	[Sections 1081.208-1081.250 reserved for expansion]
7130	7130	SUBCHAPTER F. TAXES
7131	7131	Sec. 1081.251. IMPOSITION OF AD VALOREM TAX
7132	7132	Sec. 1081.252. TAX RATE
7133	7133	Sec. 1081.253. TAX ASSESSOR-COLLECTOR
7134	7134	[Sections 1081.254-1081.300 reserved for expansion]
7135	7135	SUBCHAPTER G. DISSOLUTION
7136	7136	Sec. 1081.301. DISSOLUTION; ELECTION
7137	7137	Sec. 1081.302. NOTICE OF ELECTION
7138	7138	Sec. 1081.303. BALLOT
7139	7139	Sec. 1081.304. ELECTION RESULTS
7140	7140	Sec. 1081.305. TRANSFER OR ADMINISTRATION OF ASSETS
7141	7141	Sec. 1081.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
7142	7142	Sec. 1081.307. REPORT; DISSOLUTION ORDER
7143	7143	CHAPTER 1081. NOCONA HOSPITAL DISTRICT
7144	7144	SUBCHAPTER A. GENERAL PROVISIONS
7145	7145	Sec. 1081.001. DEFINITIONS. In this chapter:
7146	7146	(1) "Board" means the board of directors of the
7147	7147	district.
7148	7148	(2) "Director" means a member of the board.
7149	7149	(3) "District" means the Nocona Hospital District.
7150	7150	(New.)
7151	7151	Sec. 1081.002. AUTHORITY FOR OPERATION. The Nocona
7152	7152	Hospital District operates in accordance with Section 9, Article
7153	7153	IX, Texas Constitution, and has the rights, powers, and duties
7154	7154	provided by this chapter. (Acts 62nd Leg., R.S., Ch. 868, Sec. 1
7155	7155	(part).)
7156	7156	Sec. 1081.003. ESSENTIAL PUBLIC FUNCTION. The district
7157	7157	performs an essential public function in carrying out the purposes
7158	7158	of this chapter. (Acts 62nd Leg., R.S., Ch. 868, Sec. 21 (part).)
7159	7159	Sec. 1081.004. DISTRICT TERRITORY. The boundaries of the
7160	7160	district are coextensive with the boundaries of the Nocona and
7161	7161	Prairie Valley Independent School Districts of Montague County,
7162	7162	Texas, as those boundaries existed on January 1, 1971. (Acts 62nd
7163	7163	Leg., R.S., Ch. 868, Sec. 1 (part).)
7164	7164	Sec. 1081.005. CORRECTION OF INVALID PROCEDURES. If a
7165	7165	court holds that any procedure under this chapter violates the
7166	7166	constitution of this state or of the United States, the district by
7167	7167	resolution may provide an alternative procedure that conforms with
7168	7168	the constitution. (Acts 62nd Leg., R.S., Ch. 868, Sec. 23 (part).)
7169	7169	Sec. 1081.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
7170	7170	OBLIGATION. The support and maintenance of the district may not
7171	7171	become a charge against or obligation of this state. (Acts 62nd
7172	7172	Leg., R.S., Ch. 868, Sec. 20 (part).)
7173	7173	Sec. 1081.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
7174	7174	The legislature may not make a direct appropriation for
7175	7175	construction, maintenance, or improvement of a district facility.
7176	7176	(Acts 62nd Leg., R.S., Ch. 868, Sec. 20 (part).)
7177	7177	[Sections 1081.008-1081.050 reserved for expansion]
7178	7178	SUBCHAPTER B. DISTRICT ADMINISTRATION
7179	7179	Sec. 1081.051. BOARD ELECTION; TERM. (a) The board
7180	7180	consists of seven directors elected from the district at large.
7181	7181	(b) Unless four-year terms are established under Section
7182	7182	285.081, Health and Safety Code:
7183	7183	(1) directors serve staggered two-year terms;
7184	7184	(2) an election shall be held annually on the May
7185	7185	uniform election date under Section 41.001, Election Code; and
7186	7186	(3) the terms of four directors expire in odd-numbered
7187	7187	years and the terms of three directors expire in even-numbered
7188	7188	years. (Acts 62nd Leg., R.S., Ch. 868, Secs. 4(a), (b).)
7189	7189	Sec. 1081.052. QUALIFICATIONS FOR OFFICE. (a) A person may
7190	7190	not be elected or appointed as a director unless the person is:
7191	7191	(1) a resident of the district; and
7192	7192	(2) a qualified voter.
7193	7193	(b) A person is not eligible to serve as a director if the
7194	7194	person is:
7195	7195	(1) the district chief executive officer;
7196	7196	(2) a district employee; or
7197	7197	(3) a medical staff member of the hospital. (Acts 62nd
7198	7198	Leg., R.S., Ch. 868, Sec. 4(e).)
7199	7199	Sec. 1081.053. BOARD VACANCY. If a vacancy occurs in the
7200	7200	office of director, the remaining directors shall appoint a
7201	7201	director for the unexpired term. (Acts 62nd Leg., R.S., Ch. 868,
7202	7202	Sec. 4(d).)
7203	7203	Sec. 1081.054. OFFICERS. (a) The board shall elect:
7204	7204	(1) a president and vice president from among its
7205	7205	members; and
7206	7206	(2) a secretary, who need not be a director.
7207	7207	(b) Each officer of the board serves for a term of one year.
7208	7208	(c) The board shall fill a vacancy in a board office for the
7209	7209	unexpired term. (Acts 62nd Leg., R.S., Ch. 868, Sec. 4(f) (part).)
7210	7210	Sec. 1081.055. COMPENSATION; EXPENSES. A director or
7211	7211	officer serves without compensation but may be reimbursed for
7212	7212	actual expenses incurred in the performance of official duties.
7213	7213	The expenses must be:
7214	7214	(1) reported in the district's records; and
7215	7215	(2) approved by the board. (Acts 62nd Leg., R.S., Ch.
7216	7216	868, Sec. 4(f) (part).)
7217	7217	Sec. 1081.056. QUORUM. Any five directors constitute a
7218	7218	quorum. (Acts 62nd Leg., R.S., Ch. 868, Sec. 4(f) (part).)
7219	7219	Sec. 1081.057. VOTING REQUIREMENT. A concurrence of five
7220	7220	directors is sufficient in any matter relating to district
7221	7221	business. (Acts 62nd Leg., R.S., Ch. 868, Sec. 4(f) (part).)
7222	7222	Sec. 1081.058. CHIEF EXECUTIVE OFFICER; ASSISTANT TO CHIEF
7223	7223	EXECUTIVE OFFICER. (a) The board shall appoint a qualified person
7224	7224	as the chief executive officer of the district.
7225	7225	(b) The board may appoint an assistant to the chief
7226	7226	executive officer.
7227	7227	(c) The chief executive officer and any assistant to the
7228	7228	chief executive officer serve at the will of the board and are
7229	7229	entitled to the compensation determined by the board. (Acts 62nd
7230	7230	Leg., R.S., Ch. 868, Sec. 5(c) (part).)
7231	7231	Sec. 1081.059. GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER.
7232	7232	Subject to the limitations prescribed by the board, the chief
7233	7233	executive officer shall:
7234	7234	(1) supervise the work and activities of the district;
7235	7235	and
7236	7236	(2) direct the affairs of the district. (Acts 62nd
7237	7237	Leg., R.S., Ch. 868, Sec. 5(c) (part).)
7238	7238	Sec. 1081.060. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
7239	7239	board may appoint to the staff any doctors the board considers
7240	7240	necessary for the efficient operation of the district and may make
7241	7241	temporary appointments as necessary.
7242	7242	(b) The district may employ fiscal agents, accountants,
7243	7243	architects, and attorneys the board considers proper.
7244	7244	(c) The board may delegate to the chief executive officer
7245	7245	the authority to hire district employees, including technicians and
7246	7246	nurses. (Acts 62nd Leg., R.S., Ch. 868, Secs. 5(d), (e), 16.)
7247	7247	[Sections 1081.061-1081.100 reserved for expansion]
7248	7248	SUBCHAPTER C. POWERS AND DUTIES
7249	7249	Sec. 1081.101. DISTRICT RESPONSIBILITY. The district has
7250	7250	full responsibility for operating all hospital facilities for
7251	7251	providing hospital care for the district's needy inhabitants.
7252	7252	(Acts 62nd Leg., R.S., Ch. 868, Sec. 19 (part).)
7253	7253	Sec. 1081.102. RESTRICTION ON POLITICAL SUBDIVISION
7254	7254	TAXATION AND DEBT. A political subdivision located within the
7255	7255	district may not impose a tax or issue bonds or other obligations
7256	7256	for hospital purposes or to provide medical care for the district's
7257	7257	inhabitants. (Acts 62nd Leg., R.S., Ch. 868, Sec. 19 (part).)
7258	7258	Sec. 1081.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
7259	7259	The board shall manage, control, and administer the hospital system
7260	7260	and the district's money and resources. (Acts 62nd Leg., R.S., Ch.
7261	7261	868, Sec. 5(a) (part).)
7262	7262	Sec. 1081.104. HOSPITAL SYSTEM. (a) The district shall
7263	7263	provide for the establishment of a hospital system by:
7264	7264	(1) purchasing, constructing, acquiring, repairing,
7265	7265	or renovating buildings and equipment;
7266	7266	(2) equipping the buildings; and
7267	7267	(3) administering the buildings and equipment for
7268	7268	hospital purposes.
7269	7269	(b) The hospital system may include:
7270	7270	(1) residential care of the sick and injured;
7271	7271	(2) outpatient clinics;
7272	7272	(3) dispensaries;
7273	7273	(4) nursing home facilities;
7274	7274	(5) necessary nurses;
7275	7275	(6) training centers;
7276	7276	(7) blood banks;
7277	7277	(8) community mental health centers;
7278	7278	(9) research centers or laboratories; and
7279	7279	(10) any other facility the board considers necessary
7280	7280	for hospital care. (Acts 62nd Leg., R.S., Ch. 868, Secs. 2 (part),
7281	7281	10(a) (part).)
7282	7282	Sec. 1081.105. RULES. The board may adopt rules governing
7283	7283	the operation of the hospital, the hospital system, and the
7284	7284	district's staff and employees. (Acts 62nd Leg., R.S., Ch. 868,
7285	7285	Sec. 5(b) (part).)
7286	7286	Sec. 1081.106. PURCHASING AND ACCOUNTING PROCEDURES. The
7287	7287	board may prescribe:
7288	7288	(1) the method and manner of making purchases and
7289	7289	expenditures by and for the district; and
7290	7290	(2) all accounting and control procedures. (Acts 62nd
7291	7291	Leg., R.S., Ch. 868, Sec. 10(d) (part).)
7292	7292	Sec. 1081.107. DISTRICT PROPERTY, FACILITIES, AND
7293	7293	EQUIPMENT. (a) The board shall determine the type, number, and
7294	7294	location of buildings required to maintain an adequate hospital
7295	7295	system.
7296	7296	(b) The board may lease all or part of the district's
7297	7297	buildings and other facilities on terms considered to be in the best
7298	7298	interest of the district's inhabitants. The term of the lease may
7299	7299	not exceed 25 years.
7300	7300	(c) The district may acquire equipment for use in the
7301	7301	district's hospital system and mortgage or pledge the property as
7302	7302	security for the payment of the purchase price. A contract entered
7303	7303	into under this subsection must provide that the entire obligation
7304	7304	be retired not later than the fifth anniversary of the date of the
7305	7305	contract.
7306	7306	(d) The district may sell or otherwise dispose of any
7307	7307	property, including equipment, on terms the board finds are in the
7308	7308	best interest of the district's inhabitants. (Acts 62nd Leg.,
7309	7309	R.S., Ch. 868, Secs. 10(a) (part), (b) (part), (c), (d) (part).)
7310	7310	Sec. 1081.108. EMINENT DOMAIN. (a) The district may
7311	7311	exercise the power of eminent domain to acquire a fee simple or
7312	7312	other interest in any type of property located in district
7313	7313	territory if the interest is necessary or convenient for the
7314	7314	district to exercise a power, right, or privilege conferred by this
7315	7315	chapter.
7316	7316	(b) The district must exercise the power of eminent domain
7317	7317	in the manner provided by Chapter 21, Property Code, except the
7318	7318	district is not required to deposit in the trial court money or a
7319	7319	bond as provided by Section 21.021(a), Property Code.
7320	7320	(c) In a condemnation proceeding brought by the district,
7321	7321	the district is not required to:
7322	7322	(1) pay in advance or provide a bond or other security
7323	7323	for costs in the trial court;
7324	7324	(2) provide a bond for the issuance of a temporary
7325	7325	restraining order or a temporary injunction; or
7326	7326	(3) provide a bond for costs or a supersedeas bond on
7327	7327	an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 868,
7328	7328	Sec. 14.)
7329	7329	Sec. 1081.109. GIFTS AND ENDOWMENTS. The board may accept
7330	7330	for the district a gift or endowment to be held in trust and
7331	7331	administered by the board for the purposes and under the
7332	7332	directions, limitations, or other provisions prescribed in writing
7333	7333	by the donor that are not inconsistent with the proper management
7334	7334	and objectives of the district. (Acts 62nd Leg., R.S., Ch. 868,
7335	7335	Sec. 18.)
7336	7336	Sec. 1081.110. CONSTRUCTION CONTRACTS. A construction
7337	7337	contract that requires the expenditure of more than the amount
7338	7338	provided by Section 271.024, Local Government Code, may be entered
7339	7339	into only after competitive bidding as provided by Subchapter B,
7340	7340	Chapter 271, Local Government Code. (Acts 62nd Leg., R.S., Ch. 868,
7341	7341	Sec. 10(d) (part).)
7342	7342	Sec. 1081.111. OPERATING AND MANAGEMENT CONTRACTS. The
7343	7343	board may enter into an operating or management contract relating
7344	7344	to a district facility. (Acts 62nd Leg., R.S., Ch. 868, Sec. 10(b)
7345	7345	(part).)
7346	7346	Sec. 1081.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
7347	7347	HOSPITALIZATION. (a) The board may contract with a county or
7348	7348	municipality located outside the district's boundaries for the
7349	7349	hospitalization of a sick or injured person of that county or
7350	7350	municipality.
7351	7351	(b) The board may contract with this state or a federal
7352	7352	agency for the hospital treatment of a sick or injured person.
7353	7353	(Acts 62nd Leg., R.S., Ch. 868, Sec. 5(f) (part).)
7354	7354	Sec. 1081.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
7355	7355	INVESTIGATORY AND OTHER SERVICES. The board may contract with a
7356	7356	political subdivision or governmental agency for the district to
7357	7357	provide investigatory or other services for the hospitalization
7358	7358	needs of district inhabitants. (Acts 62nd Leg., R.S., Ch. 868, Sec.
7359	7359	5(f) (part).)
7360	7360	Sec. 1081.114. CARE AND TREATMENT FOR INDIGENT. The
7361	7361	district shall provide health care and treatment to indigent
7362	7362	persons in accordance with policies and procedures adopted by the
7363	7363	board. (Acts 62nd Leg., R.S., Ch. 868, Sec. 17.)
7364	7364	Sec. 1081.115. AUTHORITY TO SUE AND BE SUED. The district,
7365	7365	through the board, may sue and be sued. (Acts 62nd Leg., R.S., Ch.
7366	7366	868, Sec. 5(b) (part).)
7367	7367	[Sections 1081.116-1081.150 reserved for expansion]
7368	7368	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7369	7369	Sec. 1081.151. BUDGET. (a) The chief executive officer
7370	7370	shall prepare an annual budget for approval by the board.
7371	7371	(b) The proposed budget must contain a complete financial
7372	7372	statement of:
7373	7373	(1) the outstanding obligations of the district;
7374	7374	(2) the cash on hand in each district fund;
7375	7375	(3) the money received by the district from all
7376	7376	sources during the previous year;
7377	7377	(4) the money available to the district from all
7378	7378	sources during the ensuing year;
7379	7379	(5) the balances expected at the end of the year in
7380	7380	which the budget is being prepared;
7381	7381	(6) the estimated revenue and balances available to
7382	7382	cover the proposed budget; and
7383	7383	(7) the estimated tax rate required. (Acts 62nd Leg.,
7384	7384	R.S., Ch. 868, Sec. 6(b).)
7385	7385	Sec. 1081.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
7386	7386	The board shall hold a public hearing on the proposed annual budget.
7387	7387	(b) The board shall publish notice of the hearing in
7388	7388	accordance with Chapter 551, Government Code.
7389	7389	(c) Any district resident is entitled to be present and be
7390	7390	heard at the hearing.
7391	7391	(d) At the conclusion of the hearing, the board shall adopt
7392	7392	a budget by acting on the budget proposed by the chief executive
7393	7393	officer. The board may make any changes in the proposed budget that
7394	7394	the board judges to be in the interest of the taxpayers and that the
7395	7395	law warrants. (Acts 62nd Leg., R.S., Ch. 868, Sec. 6(c) (part).)
7396	7396	Sec. 1081.153. AMENDMENTS TO BUDGET. The budget may be
7397	7397	amended as required by circumstances. The board must approve all
7398	7398	amendments. (Acts 62nd Leg., R.S., Ch. 868, Sec. 6(c) (part).)
7399	7399	Sec. 1081.154. RESTRICTION ON EXPENDITURES. Money may be
7400	7400	spent only for an expense included in the budget or an amendment to
7401	7401	the budget. (Acts 62nd Leg., R.S., Ch. 868, Sec. 6(c) (part).)
7402	7402	Sec. 1081.155. FISCAL YEAR. (a) The district operates
7403	7403	according to a fiscal year established by the board.
7404	7404	(b) The fiscal year may not be changed:
7405	7405	(1) if revenue bonds of the district are outstanding;
7406	7406	or
7407	7407	(2) more than once in a 24-month period. (Acts 62nd
7408	7408	Leg., R.S., Ch. 868, Sec. 6(a) (part).)
7409	7409	Sec. 1081.156. AUDIT. The board shall have an audit made of
7410	7410	the district's financial condition. (Acts 62nd Leg., R.S., Ch.
7411	7411	868, Sec. 6(a) (part).)
7412	7412	Sec. 1081.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
7413	7413	The audit and other district records shall be open to inspection at
7414	7414	the district's principal office. (Acts 62nd Leg., R.S., Ch. 868,
7415	7415	Sec. 6(a) (part).)
7416	7416	Sec. 1081.158. FINANCIAL REPORT. As soon as practicable
7417	7417	after the close of each fiscal year, the chief executive officer
7418	7418	shall prepare for the board:
7419	7419	(1) a complete sworn statement of all district money;
7420	7420	and
7421	7421	(2) a complete account of the disbursements of that
7422	7422	money. (Acts 62nd Leg., R.S., Ch. 868, Sec. 6(c) (part).)
7423	7423	Sec. 1081.159. DEPOSITORY. (a) The board shall select one
7424	7424	or more banks inside or outside the district to serve as a
7425	7425	depository for district money.
7426	7426	(b) District money, other than money invested as provided by
7427	7427	Section 1081.160(b), and money transmitted to a bank for payment of
7428	7428	bonds or obligations issued or assumed by the district, shall be
7429	7429	deposited as received with the depository bank and shall remain on
7430	7430	deposit.
7431	7431	(c) This chapter, including Subsection (b), does not limit
7432	7432	the power of the board to place a part of district money on time
7433	7433	deposit or to purchase certificates of deposit. (Acts 62nd Leg.,
7434	7434	R.S., Ch. 868, Sec. 11.)
7435	7435	Sec. 1081.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
7436	7436	Except as otherwise provided by Section 1081.107(c) and Subchapter
7437	7437	E, the district may not incur an obligation payable from district
7438	7438	revenue other than the revenue on hand or to be on hand in the
7439	7439	current and following district fiscal year.
7440	7440	(b) The board may invest operating, depreciation, or
7441	7441	building reserves only in funds or securities specified by Chapter
7442	7442	2256, Government Code. (Acts 62nd Leg., R.S., Ch. 868, Secs. 5(a)
7443	7443	(part), 10(d) (part).)
7444	7444	[Sections 1081.161-1081.200 reserved for expansion]
7445	7445	SUBCHAPTER E. BONDS
7446	7446	Sec. 1081.201. GENERAL OBLIGATION BONDS. The board may
7447	7447	issue and sell general obligation bonds in the name and on the faith
7448	7448	and credit of the district for any purpose relating to:
7449	7449	(1) the purchase, construction, acquisition, repair,
7450	7450	or renovation of buildings or improvements; and
7451	7451	(2) equipping buildings or improvements for hospital
7452	7452	purposes. (Acts 62nd Leg., R.S., Ch. 868, Sec. 7(a).)
7453	7453	Sec. 1081.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
7454	7454	the time general obligation bonds are issued by the district under
7455	7455	Section 1081.201, the board shall impose an ad valorem tax at a rate
7456	7456	sufficient to create an interest and sinking fund to pay the
7457	7457	principal of and interest on the bonds as the bonds mature.
7458	7458	(b) The tax required by this section together with any other
7459	7459	ad valorem tax the district imposes may not in any year exceed 75
7460	7460	cents on each $100 valuation of all taxable property in the
7461	7461	district. (Acts 62nd Leg., R.S., Ch. 868, Sec. 7(b) (part).)
7462	7462	Sec. 1081.203. GENERAL OBLIGATION BOND ELECTION. (a) The
7463	7463	district may issue general obligation bonds only if the bonds are
7464	7464	authorized by a majority of the district voters voting at an
7465	7465	election held for that purpose.
7466	7466	(b) The order and publication of notice for the bond
7467	7467	election must be provided in accordance with Chapter 1251,
7468	7468	Government Code. (Acts 62nd Leg., R.S., Ch. 868, Sec. 7(c) (part).)
7469	7469	Sec. 1081.204. REVENUE BONDS. (a) The board may issue
7470	7470	revenue bonds to:
7471	7471	(1) purchase, construct, acquire, repair, renovate,
7472	7472	or equip buildings or improvements for hospital purposes; or
7473	7473	(2) acquire sites to be used for hospital purposes.
7474	7474	(b) The bonds must be payable from and secured by a pledge of
7475	7475	all or part of the revenue derived from the operation of the
7476	7476	district's hospitals.
7477	7477	(c) The bonds may be additionally secured by a mortgage or
7478	7478	deed of trust lien on all or part of district property.
7479	7479	(d) The bonds must be issued in the manner and in accordance
7480	7480	with the procedures and requirements prescribed by Sections
7481	7481	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
7482	7482	and Safety Code, for issuance of revenue bonds by a county hospital
7483	7483	authority. (Acts 62nd Leg., R.S., Ch. 868, Sec. 9 (part).)
7484	7484	Sec. 1081.205. MATURITY OF BONDS. District bonds must
7485	7485	mature not later than 40 years after the date of issuance. (Acts
7486	7486	62nd Leg., R.S., Ch. 868, Sec. 7(e) (part).)
7487	7487	Sec. 1081.206. EXECUTION OF BONDS. (a) The board president
7488	7488	shall execute the district's bonds in the district's name.
7489	7489	(b) The board secretary shall countersign the bonds in the
7490	7490	manner provided by Chapter 618, Government Code. (Acts 62nd Leg.,
7491	7491	R.S., Ch. 868, Sec. 7(e) (part).)
7492	7492	Sec. 1081.207. BONDS EXEMPT FROM TAXATION. The following
7493	7493	are exempt from taxation by this state or a political subdivision of
7494	7494	this state:
7495	7495	(1) bonds issued by the district;
7496	7496	(2) the transfer and issuance of the bonds; and
7497	7497	(3) profits made in the sale of bonds. (Acts 62nd
7498	7498	Leg., R.S., Ch. 868, Sec. 21 (part).)
7499	7499	[Sections 1081.208-1081.250 reserved for expansion]
7500	7500	SUBCHAPTER F. TAXES
7501	7501	Sec. 1081.251. IMPOSITION OF AD VALOREM TAX. (a) The board
7502	7502	shall impose a tax on all property in the district subject to
7503	7503	district taxation.
7504	7504	(b) The board shall impose the tax to pay:
7505	7505	(1) indebtedness issued or assumed by the district;
7506	7506	and
7507	7507	(2) the maintenance and operating expenses of the
7508	7508	district.
7509	7509	(c) The board may not impose the tax to pay the principal of
7510	7510	or interest on revenue bonds issued under Section 1081.204. (Acts
7511	7511	62nd Leg., R.S., Ch. 868, Secs. 7(b) (part), 12 (part), 15(b).)
7512	7512	Sec. 1081.252. TAX RATE. (a) The board may impose the tax
7513	7513	at a rate not to exceed 75 cents on each $100 valuation of all
7514	7514	taxable property in the district.
7515	7515	(b) In setting the tax rate, the board shall consider the
7516	7516	income of the district from sources other than taxation. (Acts 62nd
7517	7517	Leg., R.S., Ch. 868, Secs. 7(b) (part), 12 (part), 15(a).)
7518	7518	Sec. 1081.253. TAX ASSESSOR-COLLECTOR. The board may
7519	7519	provide for the appointment of a tax assessor-collector for the
7520	7520	district or may contract for the assessment and collection of taxes
7521	7521	as provided by the Tax Code. (Acts 62nd Leg., R.S., Ch. 868, Sec.
7522	7522	15(d).)
7523	7523	[Sections 1081.254-1081.300 reserved for expansion]
7524	7524	SUBCHAPTER G. DISSOLUTION
7525	7525	Sec. 1081.301. DISSOLUTION; ELECTION. (a) The district
7526	7526	may be dissolved only on approval of a majority of the registered
7527	7527	district voters voting in an election held for that purpose.
7528	7528	(b) The board may order an election on the question of
7529	7529	dissolving the district and disposing of the district's assets and
7530	7530	obligations.
7531	7531	(c) The board shall order an election if the board receives
7532	7532	a petition requesting an election that is signed by at least 15
7533	7533	percent of the registered voters in the district.
7534	7534	(d) The election shall be held not later than the 60th day
7535	7535	after the date the election is ordered.
7536	7536	(e) The order calling the election must state:
7537	7537	(1) the nature of the election, including the
7538	7538	proposition to appear on the ballot;
7539	7539	(2) the date of the election;
7540	7540	(3) the hours during which the polls will be open; and
7541	7541	(4) the location of the polling places.
7542	7542	(f) Section 41.001(a), Election Code, does not apply to an
7543	7543	election ordered under this section. (Acts 62nd Leg., R.S., Ch.
7544	7544	868, Secs. 19A(a), (b), (c), (d).)
7545	7545	Sec. 1081.302. NOTICE OF ELECTION. (a) The board shall
7546	7546	give notice of an election under this subchapter by publishing once
7547	7547	a week for two consecutive weeks a substantial copy of the election
7548	7548	order in a newspaper with general circulation in the district.
7549	7549	(b) The first publication of notice must appear not later
7550	7550	than the 35th day before the date set for the election. (Acts 62nd
7551	7551	Leg., R.S., Ch. 868, Sec. 19A(e).)
7552	7552	Sec. 1081.303. BALLOT. The ballot for an election under
7553	7553	this subchapter must be printed to permit voting for or against the
7554	7554	proposition: "The dissolution of the Nocona Hospital District."
7555	7555	(Acts 62nd Leg., R.S., Ch. 868, Sec. 19A(f).)
7556	7556	Sec. 1081.304. ELECTION RESULTS. (a) If a majority of the
7557	7557	votes in an election under this subchapter favor dissolution, the
7558	7558	board shall find that the district is dissolved.
7559	7559	(b) If a majority of the votes in the election do not favor
7560	7560	dissolution, the board shall continue to administer the district
7561	7561	and another election on the question of dissolution may not be held
7562	7562	before the first anniversary of the date of the most recent election
7563	7563	to dissolve the district. (Acts 62nd Leg., R.S., Ch. 868, Sec.
7564	7564	19A(g).)
7565	7565	Sec. 1081.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
7566	7566	If a majority of the votes in the election held under this
7567	7567	subchapter favor dissolution, the board shall:
7568	7568	(1) transfer the land, buildings, improvements,
7569	7569	equipment, and other assets that belong to the district to Montague
7570	7570	County or another governmental entity in Montague County; or
7571	7571	(2) administer the property, assets, and debts until
7572	7572	all money has been disposed of and all district debts have been paid
7573	7573	or settled.
7574	7574	(b) If the district makes the transfer under Subsection
7575	7575	(a)(1), the county or entity assumes all debts and obligations of
7576	7576	the district at the time of the transfer, and the district is
7577	7577	dissolved.
7578	7578	(c) If Subsection (a)(1) does not apply and the board
7579	7579	administers the property, assets, and debts of the district under
7580	7580	Subsection (a)(2), the district is dissolved when all the money has
7581	7581	been disposed of and all district debts have been paid or settled.
7582	7582	(Acts 62nd Leg., R.S., Ch. 868, Secs. 19A(h), (i), (j).)
7583	7583	Sec. 1081.306. IMPOSITION OF TAX AND RETURN OF SURPLUS. (a)
7584	7584	After the board finds that the district is dissolved, the board
7585	7585	shall:
7586	7586	(1) determine any debt owed by the district; and
7587	7587	(2) impose on the property included on the district's
7588	7588	tax roll a tax that is in proportion of any debt to the property
7589	7589	value.
7590	7590	(b) On the payment of all outstanding debts and obligations
7591	7591	of the district, the board shall order the secretary to return to
7592	7592	each district taxpayer the taxpayer's pro rata share of all unused
7593	7593	tax money.
7594	7594	(c) A taxpayer may request that the taxpayer's share of
7595	7595	surplus tax money be credited to the taxpayer's county taxes. If a
7596	7596	taxpayer requests the credit, the board shall direct the secretary
7597	7597	to transmit the money to the county tax assessor-collector. (Acts
7598	7598	62nd Leg., R.S., Ch. 868, Secs. 19A(k), (l), (m).)
7599	7599	Sec. 1081.307. REPORT; DISSOLUTION ORDER. (a) After the
7600	7600	district has paid all district debts and has disposed of all
7601	7601	district money and other assets as prescribed by this subchapter,
7602	7602	the board shall file a written report with the Commissioners Court
7603	7603	of Montague County summarizing the board's actions in dissolving
7604	7604	the district.
7605	7605	(b) Not later than the 10th day after the date the
7606	7606	Commissioners Court of Montague County receives the report and
7607	7607	determines that the requirements of this subchapter have been
7608	7608	fulfilled, the commissioners court shall enter an order dissolving
7609	7609	the district and releasing the board from any further duty or
7610	7610	obligation. (Acts 62nd Leg., R.S., Ch. 868, Secs. 19A(n), (o).)
7611	7611	CHAPTER 1082. NOLAN COUNTY HOSPITAL DISTRICT
7612	7612	SUBCHAPTER A. GENERAL PROVISIONS
7613	7613	Sec. 1082.001. DEFINITIONS
7614	7614	Sec. 1082.002. AUTHORITY FOR OPERATION
7615	7615	Sec. 1082.003. ESSENTIAL PUBLIC FUNCTION
7616	7616	Sec. 1082.004. DISTRICT TERRITORY
7617	7617	Sec. 1082.005. DISTRICT SUPPORT AND MAINTENANCE NOT
7618	7618	STATE OBLIGATION
7619	7619	Sec. 1082.006. RESTRICTION ON STATE FINANCIAL
7620	7620	ASSISTANCE
7621	7621	[Sections 1082.007-1082.050 reserved for expansion]
7622	7622	SUBCHAPTER B. DISTRICT ADMINISTRATION
7623	7623	Sec. 1082.051. BOARD ELECTION; TERMS
7624	7624	Sec. 1082.052. NOTICE OF ELECTION
7625	7625	Sec. 1082.053. BALLOT PETITION
7626	7626	Sec. 1082.054. QUALIFICATIONS FOR OFFICE
7627	7627	Sec. 1082.055. BOARD VACANCY
7628	7628	Sec. 1082.056. OFFICERS
7629	7629	Sec. 1082.057. COMPENSATION; EXPENSES
7630	7630	Sec. 1082.058. VOTING REQUIREMENT
7631	7631	Sec. 1082.059. DISTRICT ADMINISTRATOR
7632	7632	Sec. 1082.060. GENERAL DUTIES OF DISTRICT
7633	7633	ADMINISTRATOR
7634	7634	Sec. 1082.061. ASSISTANT DISTRICT ADMINISTRATOR;
7635	7635	ATTORNEY
7636	7636	Sec. 1082.062. APPOINTMENT OF STAFF AND EMPLOYEES
7637	7637	Sec. 1082.063. RETIREMENT BENEFITS
7638	7638	[Sections 1082.064-1082.100 reserved for expansion]
7639	7639	SUBCHAPTER C. POWERS AND DUTIES
7640	7640	Sec. 1082.101. DISTRICT RESPONSIBILITY
7641	7641	Sec. 1082.102. RESTRICTION ON GOVERNMENTAL ENTITY
7642	7642	TAXATION AND DEBT
7643	7643	Sec. 1082.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
7644	7644	Sec. 1082.104. RULES
7645	7645	Sec. 1082.105. PURCHASING AND ACCOUNTING PROCEDURES
7646	7646	Sec. 1082.106. DISTRICT PROPERTY, FACILITIES, AND
7647	7647	EQUIPMENT
7648	7648	Sec. 1082.107. EMINENT DOMAIN
7649	7649	Sec. 1082.108. COST OF RELOCATING OR ALTERING PROPERTY
7650	7650	Sec. 1082.109. GIFTS AND ENDOWMENTS
7651	7651	Sec. 1082.110. CONSTRUCTION CONTRACTS
7652	7652	Sec. 1082.111. OPERATING AND MANAGEMENT CONTRACTS
7653	7653	Sec. 1082.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
7654	7654	FOR SERVICES
7655	7655	Sec. 1082.113. PAYMENT FOR TREATMENT; PROCEDURES
7656	7656	Sec. 1082.114. REIMBURSEMENT FOR SERVICES
7657	7657	Sec. 1082.115. AUTHORITY TO SUE AND BE SUED
7658	7658	[Sections 1082.116-1082.150 reserved for expansion]
7659	7659	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7660	7660	Sec. 1082.151. BUDGET
7661	7661	Sec. 1082.152. NOTICE; HEARING; ADOPTION OF BUDGET
7662	7662	Sec. 1082.153. AMENDMENTS TO BUDGET
7663	7663	Sec. 1082.154. RESTRICTION ON EXPENDITURES
7664	7664	Sec. 1082.155. FISCAL YEAR
7665	7665	Sec. 1082.156. ANNUAL AUDIT
7666	7666	Sec. 1082.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
7667	7667	RECORDS
7668	7668	Sec. 1082.158. FINANCIAL REPORT
7669	7669	Sec. 1082.159. DEPOSITORY
7670	7670	Sec. 1082.160. SPENDING AND INVESTMENT RESTRICTIONS
7671	7671	[Sections 1082.161-1082.200 reserved for expansion]
7672	7672	SUBCHAPTER E. BONDS
7673	7673	Sec. 1082.201. GENERAL OBLIGATION BONDS
7674	7674	Sec. 1082.202. TAX TO PAY GENERAL OBLIGATION BONDS
7675	7675	Sec. 1082.203. GENERAL OBLIGATION BOND ELECTION
7676	7676	Sec. 1082.204. REVENUE BONDS
7677	7677	Sec. 1082.205. REFUNDING BONDS
7678	7678	Sec. 1082.206. MATURITY OF BONDS
7679	7679	Sec. 1082.207. EXECUTION OF BONDS
7680	7680	Sec. 1082.208. BONDS EXEMPT FROM TAXATION
7681	7681	[Sections 1082.209-1082.250 reserved for expansion]
7682	7682	SUBCHAPTER F. TAXES
7683	7683	Sec. 1082.251. IMPOSITION OF AD VALOREM TAX
7684	7684	Sec. 1082.252. TAX RATE
7685	7685	Sec. 1082.253. TAX ASSESSOR-COLLECTOR
7686	7686	CHAPTER 1082. NOLAN COUNTY HOSPITAL DISTRICT
7687	7687	SUBCHAPTER A. GENERAL PROVISIONS
7688	7688	Sec. 1082.001. DEFINITIONS. In this chapter:
7689	7689	(1) "Board" means the board of directors of the
7690	7690	district.
7691	7691	(2) "Director" means a member of the board.
7692	7692	(3) "District" means the Nolan County Hospital
7693	7693	District. (Acts 71st Leg., R.S., Ch. 8, Sec. 1.01.)
7694	7694	Sec. 1082.002. AUTHORITY FOR OPERATION. The Nolan County
7695	7695	Hospital District operates and is financed as provided by Section
7696	7696	9, Article IX, Texas Constitution, and by this chapter. (Acts 71st
7697	7697	Leg., R.S., Ch. 8, Sec. 1.02.)
7698	7698	Sec. 1082.003. ESSENTIAL PUBLIC FUNCTION. The district is
7699	7699	a public entity performing an essential public function. (Acts
7700	7700	71st Leg., R.S., Ch. 8, Sec. 7.11 (part).)
7701	7701	Sec. 1082.004. DISTRICT TERRITORY. The boundaries of the
7702	7702	district are coextensive with the boundaries of Nolan County,
7703	7703	Texas. (Acts 71st Leg., R.S., Ch. 8, Sec. 1.03.)
7704	7704	Sec. 1082.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
7705	7705	OBLIGATION. The state may not become obligated for the support or
7706	7706	maintenance of the district. (Acts 71st Leg., R.S., Ch. 8, Sec.
7707	7707	9.01 (part).)
7708	7708	Sec. 1082.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
7709	7709	The legislature may not make a direct appropriation for the
7710	7710	construction, maintenance, or improvement of a district facility.
7711	7711	(Acts 71st Leg., R.S., Ch. 8, Sec. 9.01 (part).)
7712	7712	[Sections 1082.007-1082.050 reserved for expansion]
7713	7713	SUBCHAPTER B. DISTRICT ADMINISTRATION
7714	7714	Sec. 1082.051. BOARD ELECTION; TERMS. (a) The district is
7715	7715	governed by a board of not fewer than seven or more than nine
7716	7716	directors, as determined by the board.
7717	7717	(b) As determined by the board, the directors are elected
7718	7718	from:
7719	7719	(1) the district at large;
7720	7720	(2) single-member districts; or
7721	7721	(3) any combination of single-member districts and
7722	7722	at-large positions.
7723	7723	(c) At an election for directors in which at least two
7724	7724	directors are to be elected at large, the appropriate number of
7725	7725	candidates receiving the highest number of votes are elected. An
7726	7726	election for at-large directors may not be by place or numbered
7727	7727	post.
7728	7728	(d) Unless four-year terms are established under Section
7729	7729	285.081, Health and Safety Code:
7730	7730	(1) directors serve two-year terms; and
7731	7731	(2) an election shall be held each year to elect the
7732	7732	appropriate number of directors. (Acts 71st Leg., R.S., Ch. 8,
7733	7733	Secs. 4.01(a), 4.03(a) (part), (b), (d) (part).)
7734	7734	Sec. 1082.052. NOTICE OF ELECTION. Not later than the 35th
7735	7735	day before the date of an election of directors, notice of the
7736	7736	election shall be published one time in a newspaper with general
7737	7737	circulation in the district. (Acts 71st Leg., R.S., Ch. 8, Sec.
7738	7738	4.04 (part).)
7739	7739	Sec. 1082.053. BALLOT PETITION. A person seeking to have
7740	7740	the person's name printed on the ballot as a candidate for director
7741	7741	must file with the board secretary a petition requesting that
7742	7742	action. The petition must:
7743	7743	(1) be signed by at least 10 registered voters of the
7744	7744	district, as determined by the most recent official list of
7745	7745	registered voters, who:
7746	7746	(A) reside in the appropriate single-member
7747	7747	district, if the person seeks to become a candidate to represent a
7748	7748	single-member district; or
7749	7749	(B) reside anywhere in the district, if the
7750	7750	person seeks to become a candidate to represent the district at
7751	7751	large;
7752	7752	(2) be filed not later than the 31st day before the
7753	7753	date of the election; and
7754	7754	(3) specify the single-member district the person
7755	7755	seeks to represent or specify that the candidate seeks to represent
7756	7756	the district at large. (Acts 71st Leg., R.S., Ch. 8, Sec. 4.05.)
7757	7757	Sec. 1082.054. QUALIFICATIONS FOR OFFICE. (a) To be
7758	7758	eligible to be a candidate for or to serve as a director, a person
7759	7759	must be:
7760	7760	(1) a resident of the district; and
7761	7761	(2) a qualified voter.
7762	7762	(b) A person who is elected from a single-member district or
7763	7763	who is appointed to fill a vacancy for a single-member district must
7764	7764	reside in that single-member district.
7765	7765	(c) A district employee may not serve as a director. (Acts
7766	7766	71st Leg., R.S., Ch. 8, Secs. 4.03 (part), 4.06.)
7767	7767	Sec. 1082.055. BOARD VACANCY. If a vacancy occurs in the
7768	7768	office of director, the remaining directors shall appoint a
7769	7769	director for the unexpired term. (Acts 71st Leg., R.S., Ch. 8, Sec.
7770	7770	4.07.)
7771	7771	Sec. 1082.056. OFFICERS. (a) The board shall elect a
7772	7772	president and a vice president from among its members.
7773	7773	(b) The board shall appoint a secretary, who need not be a
7774	7774	director.
7775	7775	(c) Each officer of the board serves for a term of one year.
7776	7776	(d) The board shall fill a vacancy in a board office for the
7777	7777	unexpired term. (Acts 71st Leg., R.S., Ch. 8, Secs. 4.08, 4.09.)
7778	7778	Sec. 1082.057. COMPENSATION; EXPENSES. A director or
7779	7779	officer serves without compensation but may be reimbursed for
7780	7780	actual expenses incurred in the performance of official duties.
7781	7781	The expenses must be:
7782	7782	(1) reported in the district's records; and
7783	7783	(2) approved by the board. (Acts 71st Leg., R.S., Ch.
7784	7784	8, Sec. 4.10.)
7785	7785	Sec. 1082.058. VOTING REQUIREMENT. A concurrence of a
7786	7786	majority of the directors voting is necessary in any matter
7787	7787	relating to district business. (Acts 71st Leg., R.S., Ch. 8, Sec.
7788	7788	4.11.)
7789	7789	Sec. 1082.059. DISTRICT ADMINISTRATOR. (a) The board may
7790	7790	appoint a qualified person as district administrator.
7791	7791	(b) The district administrator serves at the will of the
7792	7792	board and is entitled to the compensation determined by the board.
7793	7793	(c) Before assuming the duties of district administrator,
7794	7794	the administrator must execute a bond in an amount determined by the
7795	7795	board of not less than $5,000 that is:
7796	7796	(1) payable to the district; and
7797	7797	(2) conditioned on the faithful performance of the
7798	7798	administrator's duties under this chapter.
7799	7799	(d) The board may pay for the bond with district money.
7800	7800	(Acts 71st Leg., R.S., Ch. 8, Secs. 4.12(a) (part), (b) (part), (c)
7801	7801	(part), (d).)
7802	7802	Sec. 1082.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
7803	7803	Subject to the limitations prescribed by the board, the district
7804	7804	administrator shall:
7805	7805	(1) supervise the work and activities of the district;
7806	7806	and
7807	7807	(2) direct the general affairs of the district. (Acts
7808	7808	71st Leg., R.S., Ch. 8, Sec. 4.15.)
7809	7809	Sec. 1082.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
7810	7810	(a) The board may appoint qualified persons as:
7811	7811	(1) the assistant district administrator; and
7812	7812	(2) the attorney for the district.
7813	7813	(b) The assistant district administrator and the attorney
7814	7814	for the district serve at the will of the board and are entitled to
7815	7815	the compensation determined by the board. (Acts 71st Leg., R.S.,
7816	7816	Ch. 8, Secs. 4.12(a) (part), (b) (part), (c) (part).)
7817	7817	Sec. 1082.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
7818	7818	board may appoint to the staff any doctors the board considers
7819	7819	necessary for the efficient operation of the district and may make
7820	7820	temporary appointments as considered necessary.
7821	7821	(b) The district may employ technicians, nurses, fiscal
7822	7822	agents, accountants, architects, additional attorneys, and other
7823	7823	necessary employees.
7824	7824	(c) The board may delegate to the district administrator the
7825	7825	authority to employ persons for the district. (Acts 71st Leg.,
7826	7826	R.S., Ch. 8, Secs. 4.13, 4.14.)
7827	7827	Sec. 1082.063. RETIREMENT BENEFITS. The board may provide
7828	7828	retirement benefits for district employees by:
7829	7829	(1) establishing or administering a retirement
7830	7830	program; or
7831	7831	(2) participating in:
7832	7832	(A) the Texas County and District Retirement
7833	7833	System; or
7834	7834	(B) another statewide retirement system in which
7835	7835	the district is eligible to participate. (Acts 71st Leg., R.S., Ch.
7836	7836	8, Sec. 4.16.)
7837	7837	[Sections 1082.064-1082.100 reserved for expansion]
7838	7838	SUBCHAPTER C. POWERS AND DUTIES
7839	7839	Sec. 1082.101. DISTRICT RESPONSIBILITY. The district has
7840	7840	full responsibility for:
7841	7841	(1) operating hospital facilities; and
7842	7842	(2) providing medical and hospital care for the
7843	7843	district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 8, Sec.
7844	7844	5.02 (part).)
7845	7845	Sec. 1082.102. RESTRICTION ON GOVERNMENTAL ENTITY TAXATION
7846	7846	AND DEBT. Nolan County, the City of Sweetwater, or any other
7847	7847	governmental entity in which the district is located may not impose
7848	7848	a tax or issue bonds or other obligations for hospital purposes or
7849	7849	to provide medical care for district residents. (Acts 71st Leg.,
7850	7850	R.S., Ch. 8, Sec. 5.01(c).)
7851	7851	Sec. 1082.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
7852	7852	The board shall manage, control, and administer the hospital system
7853	7853	and the district's money and resources. (Acts 71st Leg., R.S., Ch.
7854	7854	8, Sec. 5.03.)
7855	7855	Sec. 1082.104. RULES. The board may adopt rules governing:
7856	7856	(1) the operation of the hospital and hospital system;
7857	7857	and
7858	7858	(2) the duties, functions, and responsibilities of
7859	7859	district staff and employees. (Acts 71st Leg., R.S., Ch. 8, Sec.
7860	7860	5.04.)
7861	7861	Sec. 1082.105. PURCHASING AND ACCOUNTING PROCEDURES. The
7862	7862	board may prescribe:
7863	7863	(1) the method of making purchases and expenditures by
7864	7864	and for the district; and
7865	7865	(2) accounting and control procedures for the
7866	7866	district. (Acts 71st Leg., R.S., Ch. 8, Sec. 5.05.)
7867	7867	Sec. 1082.106. DISTRICT PROPERTY, FACILITIES, AND
7868	7868	EQUIPMENT. (a) The board shall determine:
7869	7869	(1) the type, number, and location of buildings
7870	7870	required to maintain an adequate hospital system; and
7871	7871	(2) the type of equipment necessary for hospital care.
7872	7872	(b) The board may:
7873	7873	(1) acquire property, including facilities and
7874	7874	equipment, for the district for use in the hospital system; and
7875	7875	(2) mortgage or pledge the property as security for
7876	7876	the payment of the purchase price.
7877	7877	(c) The board may lease hospital facilities for the
7878	7878	district.
7879	7879	(d) The board may sell or otherwise dispose of property,
7880	7880	including facilities or equipment, for the district. (Acts 71st
7881	7881	Leg., R.S., Ch. 8, Sec. 5.06.)
7882	7882	Sec. 1082.107. EMINENT DOMAIN. (a) The district may
7883	7883	exercise the power of eminent domain to acquire a fee simple or
7884	7884	other interest in property located in district territory if the
7885	7885	interest is necessary to exercise a right or authority conferred by
7886	7886	this chapter.
7887	7887	(b) The district must exercise the power of eminent domain
7888	7888	in the manner provided by Chapter 21, Property Code, except the
7889	7889	district is not required to deposit in the trial court money or a
7890	7890	bond as provided by Section 21.021(a), Property Code.
7891	7891	(c) In a condemnation proceeding brought by the district,
7892	7892	the district is not required to:
7893	7893	(1) pay in advance or provide a bond or other security
7894	7894	for costs in the trial court;
7895	7895	(2) provide a bond for the issuance of a temporary
7896	7896	restraining order or a temporary injunction; or
7897	7897	(3) provide a bond for costs or a supersedeas bond on
7898	7898	an appeal or petition for review. (Acts 71st Leg., R.S., Ch. 8,
7899	7899	Sec. 5.09.)
7900	7900	Sec. 1082.108. COST OF RELOCATING OR ALTERING PROPERTY. In
7901	7901	exercising the power of eminent domain, if the board requires
7902	7902	relocating, raising, lowering, rerouting, changing the grade, or
7903	7903	altering the construction of any railroad, highway, pipeline, or
7904	7904	electric transmission and electric distribution, telegraph, or
7905	7905	telephone line, conduit, pole, or facility, the district must bear
7906	7906	the actual cost of relocating, raising, lowering, rerouting,
7907	7907	changing the grade, or altering the construction to provide
7908	7908	comparable replacement without enhancement of facilities, after
7909	7909	deducting the net salvage value derived from the old facility.
7910	7910	(Acts 71st Leg., R.S., Ch. 8, Sec. 5.10.)
7911	7911	Sec. 1082.109. GIFTS AND ENDOWMENTS. The board may accept
7912	7912	for the district a gift or endowment to be held in trust for any
7913	7913	purpose and under any direction, limitation, or other provision
7914	7914	prescribed in writing by the donor that is consistent with the
7915	7915	proper management of the district. (Acts 71st Leg., R.S., Ch. 8,
7916	7916	Sec. 5.14.)
7917	7917	Sec. 1082.110. CONSTRUCTION CONTRACTS. (a) The board may
7918	7918	enter into construction contracts for the district.
7919	7919	(b) The board may enter into a construction contract that
7920	7920	involves the expenditure of more than the amount provided by
7921	7921	Section 271.024, Local Government Code, only after competitive
7922	7922	bidding as provided by Subchapter B, Chapter 271, Local Government
7923	7923	Code. (Acts 71st Leg., R.S., Ch. 8, Sec. 5.07(a).)
7924	7924	Sec. 1082.111. OPERATING AND MANAGEMENT CONTRACTS. The
7925	7925	board may enter into an operating or management contract relating
7926	7926	to a hospital facility for the district. (Acts 71st Leg., R.S., Ch.
7927	7927	8, Sec. 5.08.)
7928	7928	Sec. 1082.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
7929	7929	SERVICES. The board may contract with a political subdivision of
7930	7930	this state or with a state or federal agency for the district to:
7931	7931	(1) furnish a mobile emergency medical service; or
7932	7932	(2) provide for the investigatory or welfare needs of
7933	7933	district inhabitants. (Acts 71st Leg., R.S., Ch. 8, Sec. 5.13.)
7934	7934	Sec. 1082.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
7935	7935	When a patient who resides in the district is admitted to a district
7936	7936	facility, the district administrator may have an inquiry made into
7937	7937	the financial circumstances of:
7938	7938	(1) the patient; or
7939	7939	(2) a relative of the patient who is legally
7940	7940	responsible for the patient's support.
7941	7941	(b) The district without charge shall provide to a patient
7942	7942	who resides in the district the care and treatment that the patient
7943	7943	or a relative of the patient who is legally responsible for the
7944	7944	patient's support cannot pay.
7945	7945	(c) On determining that the patient or a relative legally
7946	7946	responsible for the patient's support can pay for all or part of the
7947	7947	care and treatment provided by the district, the district
7948	7948	administrator shall report that determination to the board, and the
7949	7949	board shall issue an order directing the patient or the relative to
7950	7950	pay the district a specified amount each week. The amount must be
7951	7951	based on the individual's ability to pay.
7952	7952	(d) The district administrator may collect money owed to the
7953	7953	district from the estate of the patient or from that of a relative
7954	7954	legally responsible for the patient's support in the manner
7955	7955	provided by law for collection of expenses of the last illness of a
7956	7956	deceased person.
7957	7957	(e) If there is a dispute relating to an individual's
7958	7958	ability to pay or if the district administrator has any doubt
7959	7959	concerning an individual's ability to pay, the board shall:
7960	7960	(1) call witnesses;
7961	7961	(2) hear and resolve the question; and
7962	7962	(3) issue a final order.
7963	7963	(f) A final order of the board may be appealed to a district
7964	7964	court in Nolan County. The substantial evidence rule applies to the
7965	7965	appeal. (Acts 71st Leg., R.S., Ch. 8, Secs. 5.11(a), (c), (d), (e),
7966	7966	(f).)
7967	7967	Sec. 1082.114. REIMBURSEMENT FOR SERVICES. (a) The board
7968	7968	shall require a county, municipality, or public hospital located
7969	7969	outside the district to reimburse the district for the district's
7970	7970	care and treatment of a sick or injured person of that county,
7971	7971	municipality, or public hospital as provided by Chapter 61, Health
7972	7972	and Safety Code.
7973	7973	(b) The board shall require the sheriff of Nolan County or
7974	7974	the police chief of the City of Sweetwater, as appropriate, to
7975	7975	reimburse the district for the district's care and treatment of a
7976	7976	person who is confined in a jail facility of Nolan County or the
7977	7977	City of Sweetwater, as appropriate, and is not a district resident.
7978	7978	(c) The board may contract with the state or federal
7979	7979	government for that government to reimburse the district for
7980	7980	treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch.
7981	7981	8, Sec. 5.12.)
7982	7982	Sec. 1082.115. AUTHORITY TO SUE AND BE SUED. The board may
7983	7983	sue and be sued on behalf of the district. (Acts 71st Leg., R.S.,
7984	7984	Ch. 8, Sec. 5.15.)
7985	7985	[Sections 1082.116-1082.150 reserved for expansion]
7986	7986	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7987	7987	Sec. 1082.151. BUDGET. (a) The district administrator
7988	7988	shall prepare a proposed annual budget for the district.
7989	7989	(b) The proposed budget must contain a complete financial
7990	7990	statement, including a statement of:
7991	7991	(1) the outstanding obligations of the district;
7992	7992	(2) the amount of cash on hand to the credit of each
7993	7993	district fund;
7994	7994	(3) the amount of money received by the district from
7995	7995	all sources during the previous year;
7996	7996	(4) the amount of money available to the district from
7997	7997	all sources during the ensuing year;
7998	7998	(5) the amount of the balances expected at the end of
7999	7999	the year in which the budget is being prepared;
8000	8000	(6) the estimated amount of revenue and balances
8001	8001	available to cover the proposed budget; and
8002	8002	(7) the estimated tax rate to be required. (Acts 71st
8003	8003	Leg., R.S., Ch. 8, Sec. 6.04.)
8004	8004	Sec. 1082.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
8005	8005	The board shall hold a public hearing on the proposed annual budget.
8006	8006	(b) The board shall publish notice of the hearing in a
8007	8007	newspaper of general circulation in the district not later than the
8008	8008	10th day before the date of the hearing.
8009	8009	(c) Any district resident is entitled to be present and
8010	8010	participate at the hearing.
8011	8011	(d) At the conclusion of the hearing, the board shall adopt
8012	8012	a budget by acting on the budget proposed by the district
8013	8013	administrator. The board may make any changes in the proposed
8014	8014	budget that the board judges to be in the interests of the
8015	8015	taxpayers.
8016	8016	(e) The budget is effective only after adoption by the
8017	8017	board. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.05.)
8018	8018	Sec. 1082.153. AMENDMENTS TO BUDGET. After the annual
8019	8019	budget is adopted, the budget may be amended on the board's
8020	8020	approval. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.06.)
8021	8021	Sec. 1082.154. RESTRICTION ON EXPENDITURES. Money may be
8022	8022	spent only for an expense included in the budget or an amendment to
8023	8023	the budget. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.07.)
8024	8024	Sec. 1082.155. FISCAL YEAR. (a) The district operates
8025	8025	according to a fiscal year established by the board.
8026	8026	(b) The fiscal year may not be changed:
8027	8027	(1) during a period that revenue bonds of the district
8028	8028	are outstanding; or
8029	8029	(2) more than once in a 24-month period. (Acts 71st
8030	8030	Leg., R.S., Ch. 8, Sec. 6.01.)
8031	8031	Sec. 1082.156. ANNUAL AUDIT. The board annually shall have
8032	8032	an audit made of the district's financial condition. (Acts 71st
8033	8033	Leg., R.S., Ch. 8, Sec. 6.02.)
8034	8034	Sec. 1082.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
8035	8035	RECORDS. The annual audit and other district records are open to
8036	8036	inspection during regular business hours at the district's
8037	8037	principal office. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.03.)
8038	8038	Sec. 1082.158. FINANCIAL REPORT. As soon as practicable
8039	8039	after the close of the fiscal year, the district administrator
8040	8040	shall prepare for the board:
8041	8041	(1) a sworn statement of the amount of district money;
8042	8042	and
8043	8043	(2) an account of the disbursements of that money.
8044	8044	(Acts 71st Leg., R.S., Ch. 8, Sec. 6.08.)
8045	8045	Sec. 1082.159. DEPOSITORY. (a) The board shall select at
8046	8046	least one bank to serve as a depository for district money.
8047	8047	(b) District money, other than money invested as provided by
8048	8048	Section 1082.160(b) and money transmitted to a bank of payment as a
8049	8049	trustee for bonds or obligations issued or assumed by the district,
8050	8050	shall be deposited as received with the depository bank and shall
8051	8051	remain on deposit. This subsection does not limit the power of the
8052	8052	board to place a portion of district money on time deposit or to
8053	8053	purchase certificates of deposit.
8054	8054	(c) The district may not deposit money with a bank in an
8055	8055	amount that exceeds the maximum amount secured by the Federal
8056	8056	Deposit Insurance Corporation unless the bank first executes a bond
8057	8057	or other security in an amount sufficient to secure from loss the
8058	8058	district money that exceeds the amount secured by the Federal
8059	8059	Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 8, Sec.
8060	8060	6.10.)
8061	8061	Sec. 1082.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
8062	8062	Except as provided by Sections 1082.110, 1082.201, 1082.204, and
8063	8063	1082.205, the district may not incur a debt payable from district
8064	8064	revenue other than the revenue on hand or to be on hand in the
8065	8065	current and immediately following district fiscal years.
8066	8066	(b) The board may invest operating, depreciation, or
8067	8067	building reserves only in funds or securities specified by Chapter
8068	8068	2256, Government Code. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.09.)
8069	8069	[Sections 1082.161-1082.200 reserved for expansion]
8070	8070	SUBCHAPTER E. BONDS
8071	8071	Sec. 1082.201. GENERAL OBLIGATION BONDS. The board may
8072	8072	issue and sell general obligation bonds authorized by an election
8073	8073	in the name and on the faith and credit of the district to:
8074	8074	(1) purchase, construct, acquire, repair, or renovate
8075	8075	buildings or improvements; or
8076	8076	(2) equip buildings or improvements for hospital
8077	8077	purposes. (Acts 71st Leg., R.S., Ch. 8, Sec. 7.01.)
8078	8078	Sec. 1082.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
8079	8079	the time general obligation bonds are issued by the district under
8080	8080	Section 1082.201, the board shall impose an ad valorem tax at a rate
8081	8081	sufficient to create an interest and sinking fund to pay the
8082	8082	principal of and interest on the bonds as the bonds mature.
8083	8083	(b) The tax required by this section together with any other
8084	8084	ad valorem tax the district imposes may not in any year exceed the
8085	8085	limit approved by the voters at the election authorizing the
8086	8086	imposition of the tax. (Acts 71st Leg., R.S., Ch. 8, Sec. 7.02.)
8087	8087	Sec. 1082.203. GENERAL OBLIGATION BOND ELECTION. (a) The
8088	8088	district may issue general obligation bonds only if the bonds are
8089	8089	authorized by a majority of the district voters voting at an
8090	8090	election held for that purpose.
8091	8091	(b) The board may order a bond election.
8092	8092	(c) The order calling the election must specify:
8093	8093	(1) the nature and date of the election;
8094	8094	(2) the hours during which the polls will be open;
8095	8095	(3) the location of the polling places;
8096	8096	(4) the amount of the bonds to be authorized; and
8097	8097	(5) the maximum maturity of the bonds.
8098	8098	(d) Notice of a bond election shall be given as provided by
8099	8099	Section 1251.003, Government Code.
8100	8100	(e) The board shall declare the results of the election.
8101	8101	(Acts 71st Leg., R.S., Ch. 8, Sec. 7.03.)
8102	8102	Sec. 1082.204. REVENUE BONDS. (a) The board may issue
8103	8103	revenue bonds to:
8104	8104	(1) purchase, construct, acquire, repair, equip, or
8105	8105	renovate buildings or improvements for hospital purposes; or
8106	8106	(2) acquire sites to be used for hospital purposes.
8107	8107	(b) The bonds must be payable from and secured by a pledge of
8108	8108	all or part of the revenue derived from the operation of the
8109	8109	district's hospital system.
8110	8110	(c) The bonds may be additionally secured by a mortgage or
8111	8111	deed of trust lien on all or part of district property.
8112	8112	(d) The bonds must be issued in the manner provided by
8113	8113	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
8114	8114	Health and Safety Code, for issuance of revenue bonds by a county
8115	8115	hospital authority. (Acts 71st Leg., R.S., Ch. 8, Sec. 7.04.)
8116	8116	Sec. 1082.205. REFUNDING BONDS. (a) The board may issue
8117	8117	refunding bonds to refund outstanding indebtedness issued or
8118	8118	assumed by the district.
8119	8119	(b) Refunding bonds may be:
8120	8120	(1) sold, with the proceeds of the refunding bonds
8121	8121	applied to the payment of the outstanding indebtedness; or
8122	8122	(2) exchanged wholly or partly for not less than a
8123	8123	similar principal amount of outstanding indebtedness. (Acts 71st
8124	8124	Leg., R.S., Ch. 8, Secs. 7.05(a) (part), (c) (part).)
8125	8125	Sec. 1082.206. MATURITY OF BONDS. District bonds must
8126	8126	mature not later than 40 years after the date of issuance. (Acts
8127	8127	71st Leg., R.S., Ch. 8, Sec. 7.06 (part).)
8128	8128	Sec. 1082.207. EXECUTION OF BONDS. (a) The board president
8129	8129	shall execute the district's bonds in the district's name.
8130	8130	(b) The board secretary shall countersign the bonds in the
8131	8131	manner provided by Chapter 618, Government Code. (Acts 71st Leg.,
8132	8132	R.S., Ch. 8, Sec. 7.07.)
8133	8133	Sec. 1082.208. BONDS EXEMPT FROM TAXATION. The following
8134	8134	are exempt from taxation by this state or a political subdivision of
8135	8135	this state:
8136	8136	(1) bonds issued by the district;
8137	8137	(2) any transaction relating to the bonds; and
8138	8138	(3) profits made in the sale of the bonds. (Acts 71st
8139	8139	Leg., R.S., Ch. 8, Sec. 7.11 (part).)
8140	8140	[Sections 1082.209-1082.250 reserved for expansion]
8141	8141	SUBCHAPTER F. TAXES
8142	8142	Sec. 1082.251. IMPOSITION OF AD VALOREM TAX. (a) The board
8143	8143	may impose a tax on all property in the district subject to district
8144	8144	taxation.
8145	8145	(b) The tax may be used to pay:
8146	8146	(1) indebtedness issued or assumed by the district;
8147	8147	and
8148	8148	(2) the maintenance and operating expenses of the
8149	8149	district.
8150	8150	(c) The district may not impose a tax to pay the principal of
8151	8151	or interest on revenue bonds issued under this chapter. (Acts 71st
8152	8152	Leg., R.S., Ch. 8, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
8153	8153	Sec. 1082.252. TAX RATE. (a) The board may impose the tax
8154	8154	at a rate not to exceed the limit approved by the voters at the
8155	8155	election authorizing the imposition of the tax.
8156	8156	(b) The tax rate for all purposes may not exceed 75 cents on
8157	8157	each $100 valuation of all taxable property in the district.
8158	8158	(c) In setting the tax rate, the board shall consider the
8159	8159	income of the district from sources other than taxation. (Acts 71st
8160	8160	Leg., R.S., Ch. 8, Secs. 8.01(a) (part), (b), 8.03 (part).)
8161	8161	Sec. 1082.253. TAX ASSESSOR-COLLECTOR. The board may
8162	8162	provide for the appointment of a tax assessor-collector for the
8163	8163	district or may contract for the assessment and collection of taxes
8164	8164	as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 8, Sec.
8165	8165	8.04(b).)
8166	8166	CHAPTER 1083. NORTH WHEELER COUNTY HOSPITAL DISTRICT
8167	8167	SUBCHAPTER A. GENERAL PROVISIONS
8168	8168	Sec. 1083.001. DEFINITIONS
8169	8169	Sec. 1083.002. AUTHORITY FOR CREATION
8170	8170	Sec. 1083.003. ESSENTIAL PUBLIC FUNCTION
8171	8171	Sec. 1083.004. DISTRICT TERRITORY
8172	8172	Sec. 1083.005. DISTRICT SUPPORT AND MAINTENANCE NOT
8173	8173	STATE OBLIGATION
8174	8174	Sec. 1083.006. RESTRICTION ON STATE FINANCIAL
8175	8175	ASSISTANCE
8176	8176	[Sections 1083.007-1083.050 reserved for expansion]
8177	8177	SUBCHAPTER B. DISTRICT ADMINISTRATION
8178	8178	Sec. 1083.051. BOARD ELECTION; TERM
8179	8179	Sec. 1083.052. NOTICE OF ELECTION
8180	8180	Sec. 1083.053. BALLOT PETITION
8181	8181	Sec. 1083.054. QUALIFICATIONS FOR OFFICE
8182	8182	Sec. 1083.055. BOND; RECORD OF BOND AND OATH OR
8183	8183	AFFIRMATION OF OFFICE
8184	8184	Sec. 1083.056. BOARD VACANCY
8185	8185	Sec. 1083.057. OFFICERS
8186	8186	Sec. 1083.058. COMPENSATION
8187	8187	Sec. 1083.059. VOTING REQUIREMENT
8188	8188	Sec. 1083.060. DISTRICT ADMINISTRATOR; ASSISTANT
8189	8189	ADMINISTRATOR
8190	8190	Sec. 1083.061. GENERAL DUTIES OF DISTRICT
8191	8191	ADMINISTRATOR
8192	8192	Sec. 1083.062. EMPLOYEES
8193	8193	Sec. 1083.063. RETIREMENT PROGRAM
8194	8194	[Sections 1083.064-1083.100 reserved for expansion]
8195	8195	SUBCHAPTER C. POWERS AND DUTIES
8196	8196	Sec. 1083.101. DISTRICT RESPONSIBILITY
8197	8197	Sec. 1083.102. RESTRICTION ON POLITICAL SUBDIVISION
8198	8198	TAXATION AND DEBT
8199	8199	Sec. 1083.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
8200	8200	Sec. 1083.104. HOSPITAL SYSTEM
8201	8201	Sec. 1083.105. RULES
8202	8202	Sec. 1083.106. PURCHASING AND ACCOUNTING PROCEDURES
8203	8203	Sec. 1083.107. EMINENT DOMAIN
8204	8204	Sec. 1083.108. GIFTS AND ENDOWMENTS
8205	8205	Sec. 1083.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
8206	8206	FOR CARE AND TREATMENT
8207	8207	Sec. 1083.110. PAYMENT FOR TREATMENT; PROCEDURES
8208	8208	Sec. 1083.111. AUTHORITY TO SUE AND BE SUED
8209	8209	[Sections 1083.112-1083.150 reserved for expansion]
8210	8210	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
8211	8211	Sec. 1083.151. BUDGET
8212	8212	Sec. 1083.152. FISCAL YEAR
8213	8213	Sec. 1083.153. AUDIT
8214	8214	Sec. 1083.154. FINANCIAL REPORT
8215	8215	Sec. 1083.155. DEPOSITORY
8216	8216	[Sections 1083.156-1083.200 reserved for expansion]
8217	8217	SUBCHAPTER E. BONDS
8218	8218	Sec. 1083.201. GENERAL OBLIGATION BONDS
8219	8219	Sec. 1083.202. TAX TO PAY GENERAL OBLIGATION BONDS
8220	8220	Sec. 1083.203. GENERAL OBLIGATION BOND ELECTION
8221	8221	Sec. 1083.204. EXECUTION OF GENERAL OBLIGATION BONDS
8222	8222	Sec. 1083.205. REFUNDING BONDS
8223	8223	Sec. 1083.206. BONDS EXEMPT FROM TAXATION
8224	8224	[Sections 1083.207-1083.250 reserved for expansion]
8225	8225	SUBCHAPTER F. TAXES
8226	8226	Sec. 1083.251. IMPOSITION OF AD VALOREM TAX
8227	8227	Sec. 1083.252. TAX RATE
8228	8228	Sec. 1083.253. TAX ASSESSOR-COLLECTOR
8229	8229	CHAPTER 1083. NORTH WHEELER COUNTY HOSPITAL DISTRICT
8230	8230	SUBCHAPTER A. GENERAL PROVISIONS
8231	8231	Sec. 1083.001. DEFINITIONS. In this chapter:
8232	8232	(1) "Board" means the board of directors of the
8233	8233	district.
8234	8234	(2) "Director" means a member of the board.
8235	8235	(3) "District" means the North Wheeler County Hospital
8236	8236	District. (New.)
8237	8237	Sec. 1083.002. AUTHORITY FOR CREATION. The North Wheeler
8238	8238	County Hospital District is created under the authority of Section
8239	8239	9, Article IX, Texas Constitution, and has the rights, powers, and
8240	8240	duties prescribed by this chapter. (Acts 58th Leg., R.S., Ch. 260,
8241	8241	Sec. 1 (part).)
8242	8242	Sec. 1083.003. ESSENTIAL PUBLIC FUNCTION. The district
8243	8243	performs an essential public function in carrying out the purposes
8244	8244	of this chapter. (Acts 58th Leg., R.S., Ch. 260, Sec. 8 (part).)
8245	8245	Sec. 1083.004. DISTRICT TERRITORY. The boundaries of the
8246	8246	district are coextensive with the boundaries of County
8247	8247	Commissioners Precincts 1 and 2 of Wheeler County, Texas, as those
8248	8248	boundaries existed on January 1, 1963. (Acts 58th Leg., R.S., Ch.
8249	8249	260, Sec. 1 (part).)
8250	8250	Sec. 1083.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
8251	8251	OBLIGATION. The support and maintenance of the district may not
8252	8252	become a charge against or obligation of this state. (Acts 58th
8253	8253	Leg., R.S., Ch. 260, Sec. 18 (part).)
8254	8254	Sec. 1083.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
8255	8255	The legislature may not make a direct appropriation for the
8256	8256	construction, maintenance, or improvement of a district facility.
8257	8257	(Acts 58th Leg., R.S., Ch. 260, Sec. 18 (part).)
8258	8258	[Sections 1083.007-1083.050 reserved for expansion]
8259	8259	SUBCHAPTER B. DISTRICT ADMINISTRATION
8260	8260	Sec. 1083.051. BOARD ELECTION; TERM. (a) The district is
8261	8261	governed by a board of five directors elected from single-member
8262	8262	voting precincts.
8263	8263	(b) Unless four-year terms are established under Section
8264	8264	285.081, Health and Safety Code:
8265	8265	(1) directors serve staggered two-year terms; and
8266	8266	(2) a directors' election shall be held each year on
8267	8267	the date that the election of public school trustees is held. (Acts
8268	8268	58th Leg., R.S., Ch. 260, Sec. 4 (part).)
8269	8269	Sec. 1083.052. NOTICE OF ELECTION. At least 10 days before
8270	8270	the date of a directors' election, notice of the election shall be
8271	8271	published one time in a newspaper of general circulation in Wheeler
8272	8272	County. (Acts 58th Leg., R.S., Ch. 260, Sec. 4 (part).)
8273	8273	Sec. 1083.053. BALLOT PETITION. A person seeking to have
8274	8274	the person's name printed on the ballot as a candidate for director
8275	8275	must file with the board secretary a petition requesting that
8276	8276	action. The petition must be:
8277	8277	(1) signed by not fewer than five registered voters
8278	8278	who reside in the voting precinct the candidate seeks to represent;
8279	8279	and
8280	8280	(2) filed at least 25 days before the date of the
8281	8281	election. (Acts 58th Leg., R.S., Ch. 260, Sec. 4 (part).)
8282	8282	Sec. 1083.054. QUALIFICATIONS FOR OFFICE. A person may not
8283	8283	be elected or appointed as a director unless the person:
8284	8284	(1) is a resident of the voting precinct the person is
8285	8285	elected or appointed to represent;
8286	8286	(2) owns property in the district subject to taxation;
8287	8287	and
8288	8288	(3) is more than 18 years of age at the time of
8289	8289	election or appointment. (Acts 58th Leg., R.S., Ch. 260, Sec. 4
8290	8290	(part).)
8291	8291	Sec. 1083.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
8292	8292	OF OFFICE. (a) Each director shall execute a good and sufficient
8293	8293	commercial bond for $1,000 that is:
8294	8294	(1) payable to the district; and
8295	8295	(2) conditioned on the faithful performance of the
8296	8296	director's duties.
8297	8297	(b) The district shall pay for a director's bond.
8298	8298	(c) Each director's bond and constitutional oath or
8299	8299	affirmation of office shall be deposited with the district's
8300	8300	depository bank for safekeeping. (Acts 58th Leg., R.S., Ch. 260,
8301	8301	Sec. 4 (part).)
8302	8302	Sec. 1083.056. BOARD VACANCY. (a) If a vacancy occurs in
8303	8303	the office of director, the remaining directors shall appoint a
8304	8304	director for the unexpired term.
8305	8305	(b) If the number of directors is reduced to fewer than
8306	8306	three for any reason, the remaining directors shall immediately
8307	8307	call a special election to fill the vacancies. If the remaining
8308	8308	directors do not call the election, a district court, on
8309	8309	application of a district voter or taxpayer, may order the
8310	8310	directors to hold the election. (Acts 58th Leg., R.S., Ch. 260,
8311	8311	Sec. 4 (part).)
8312	8312	Sec. 1083.057. OFFICERS. The board shall elect from among
8313	8313	its members a president, a vice president, and a secretary. (Acts
8314	8314	58th Leg., R.S., Ch. 260, Sec. 4 (part).)
8315	8315	Sec. 1083.058. COMPENSATION. A director serves without
8316	8316	compensation. (Acts 58th Leg., R.S., Ch. 260, Sec. 4 (part).)
8317	8317	Sec. 1083.059. VOTING REQUIREMENT. A concurrence of three
8318	8318	directors is sufficient in any matter relating to district
8319	8319	business. (Acts 58th Leg., R.S., Ch. 260, Sec. 4 (part).)
8320	8320	Sec. 1083.060. DISTRICT ADMINISTRATOR; ASSISTANT
8321	8321	ADMINISTRATOR. (a) The board shall appoint a qualified person as
8322	8322	district administrator.
8323	8323	(b) The board may appoint an assistant administrator.
8324	8324	(c) The district administrator and any assistant
8325	8325	administrator serve at the will of the board and are entitled to the
8326	8326	compensation determined by the board.
8327	8327	(d) On assuming the duties of district administrator, the
8328	8328	administrator shall execute a bond payable to the district in an
8329	8329	amount set by the board of not less than $10,000 that:
8330	8330	(1) is conditioned on the administrator performing the
8331	8331	administrator's duties; and
8332	8332	(2) contains other conditions the board may require.
8333	8333	(Acts 58th Leg., R.S., Ch. 260, Sec. 5 (part).)
8334	8334	Sec. 1083.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
8335	8335	Subject to the limitations prescribed by the board, the district
8336	8336	administrator shall:
8337	8337	(1) supervise the work and activities of the district;
8338	8338	and
8339	8339	(2) direct the affairs of the district. (Acts 58th
8340	8340	Leg., R.S., Ch. 260, Sec. 5 (part).)
8341	8341	Sec. 1083.062. EMPLOYEES. The board may employ any doctors,
8342	8342	technicians, nurses, and other employees as considered necessary
8343	8343	for the efficient operation of the district or may provide that the
8344	8344	district administrator has the authority to employ those persons.
8345	8345	(Acts 58th Leg., R.S., Ch. 260, Sec. 5 (part).)
8346	8346	Sec. 1083.063. RETIREMENT PROGRAM. The board may enter into
8347	8347	any contract or agreement with this state or the federal government
8348	8348	that is required to establish or continue a retirement program for
8349	8349	the benefit of the district's employees. (Acts 58th Leg., R.S., Ch.
8350	8350	260, Sec. 5 (part).)
8351	8351	[Sections 1083.064-1083.100 reserved for expansion]
8352	8352	SUBCHAPTER C. POWERS AND DUTIES
8353	8353	Sec. 1083.101. DISTRICT RESPONSIBILITY. The district has
8354	8354	full responsibility for:
8355	8355	(1) operating all hospital facilities for providing
8356	8356	medical and hospital care of indigent persons; and
8357	8357	(2) providing medical and hospital care for the
8358	8358	district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 260,
8359	8359	Secs. 2 (part), 17 (part).)
8360	8360	Sec. 1083.102. RESTRICTION ON POLITICAL SUBDIVISION
8361	8361	TAXATION AND DEBT. Wheeler County or another political
8362	8362	subdivision, other than the district, may not impose a tax or issue
8363	8363	bonds or other obligations for hospital purposes for medical
8364	8364	treatment of indigent persons in the district. (Acts 58th Leg.,
8365	8365	R.S., Ch. 260, Sec. 17 (part).)
8366	8366	Sec. 1083.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
8367	8367	The board shall manage, control, and administer the district's
8368	8368	hospitals and hospital system. (Acts 58th Leg., R.S., Ch. 260, Sec.
8369	8369	5 (part).)
8370	8370	Sec. 1083.104. HOSPITAL SYSTEM. The district shall provide
8371	8371	for:
8372	8372	(1) the establishment of a hospital or hospital system
8373	8373	in the district by:
8374	8374	(A) purchasing, constructing, acquiring,
8375	8375	repairing, or renovating buildings and improvements; and
8376	8376	(B) equipping the buildings and improvements;
8377	8377	and
8378	8378	(2) the administration of the hospital system for
8379	8379	hospital purposes. (Acts 58th Leg., R.S., Ch. 260, Sec. 2 (part).)
8380	8380	Sec. 1083.105. RULES. The board may adopt rules for the
8381	8381	operation of the district and as required to administer this
8382	8382	chapter. (Acts 58th Leg., R.S., Ch. 260, Secs. 5 (part), 9 (part).)
8383	8383	Sec. 1083.106. PURCHASING AND ACCOUNTING PROCEDURES. The
8384	8384	board may prescribe:
8385	8385	(1) the method and manner of making purchases and
8386	8386	expenditures by and for the district; and
8387	8387	(2) all accounting and control procedures. (Acts 58th
8388	8388	Leg., R.S., Ch. 260, Sec. 9 (part).)
8389	8389	Sec. 1083.107. EMINENT DOMAIN. (a) The district may
8390	8390	exercise the power of eminent domain to acquire a fee simple or
8391	8391	other interest in any type of property located in district
8392	8392	territory if the interest is necessary or convenient for the
8393	8393	district to exercise a power, right, or privilege conferred by this
8394	8394	chapter.
8395	8395	(b) The district must exercise the power of eminent domain
8396	8396	in the manner provided by Chapter 21, Property Code. (Acts 58th
8397	8397	Leg., R.S., Ch. 260, Sec. 12.)
8398	8398	Sec. 1083.108. GIFTS AND ENDOWMENTS. The board may accept
8399	8399	for the district a gift or endowment to be held in trust and
8400	8400	administered by the board for the purposes and under the
8401	8401	directions, limitations, or other provisions prescribed in writing
8402	8402	by the donor that are not inconsistent with the proper management
8403	8403	and objectives of the district. (Acts 58th Leg., R.S., Ch. 260,
8404	8404	Sec. 15.)
8405	8405	Sec. 1083.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
8406	8406	CARE AND TREATMENT. (a) The board may contract with a county or
8407	8407	municipality located outside Wheeler County for the care and
8408	8408	treatment of a sick or injured person of that county or
8409	8409	municipality.
8410	8410	(b) The board may contract with this state or a federal
8411	8411	agency for the treatment of a sick or injured person for whom this
8412	8412	state or the federal government is responsible. (Acts 58th Leg.,
8413	8413	R.S., Ch. 260, Sec. 5 (part).)
8414	8414	Sec. 1083.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) When
8415	8415	a patient who resides in the district is admitted to a district
8416	8416	facility, the district administrator shall have an inquiry made
8417	8417	into the circumstances of:
8418	8418	(1) the patient; and
8419	8419	(2) the patient's relatives who are legally liable for
8420	8420	the patient's support.
8421	8421	(b) If the district administrator determines that the
8422	8422	patient or those relatives cannot pay all or part of the costs of
8423	8423	the care and treatment in the hospital, the amount of the costs that
8424	8424	cannot be paid becomes a charge against the district.
8425	8425	(c) If the district administrator determines that the
8426	8426	patient or those relatives can pay for all or part of the costs of
8427	8427	the patient's care and treatment, the patient or those relatives
8428	8428	shall be ordered to pay the district a specified amount each week
8429	8429	for the patient's support. The amount ordered must be proportionate
8430	8430	to the person's financial ability and may not exceed the actual per
8431	8431	capita cost of maintenance.
8432	8432	(d) The district administrator may collect the amount from
8433	8433	the estate of the patient, or from any relative who is legally
8434	8434	liable for the patient's support, in the manner provided by law for
8435	8435	the collection of expenses of the last illness of a deceased person.
8436	8436	(e) If there is a dispute as to the ability to pay, or doubt
8437	8437	in the mind of the district administrator, the board shall hold a
8438	8438	hearing and, after calling witnesses, shall:
8439	8439	(1) resolve the dispute or doubt; and
8440	8440	(2) issue any appropriate orders. (Acts 58th Leg.,
8441	8441	R.S., Ch. 260, Sec. 14.)
8442	8442	Sec. 1083.111. AUTHORITY TO SUE AND BE SUED. The district,
8443	8443	through the board, may sue and be sued. (Acts 58th Leg., R.S., Ch.
8444	8444	260, Sec. 5 (part).)
8445	8445	[Sections 1083.112-1083.150 reserved for expansion]
8446	8446	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
8447	8447	Sec. 1083.151. BUDGET. (a) The district administrator
8448	8448	shall prepare an annual budget for approval by the board. The budget
8449	8449	must be for the fiscal year prescribed by Section 1083.152.
8450	8450	(b) Not later than August 31 of each year, the board shall
8451	8451	publish notice of a public hearing on the proposed budget. The
8452	8452	notice must be published in a newspaper of general circulation in
8453	8453	Wheeler County at least 10 days before the date of the hearing.
8454	8454	(Acts 58th Leg., R.S., Ch. 260, Secs. 6 (part), 16.)
8455	8455	Sec. 1083.152. FISCAL YEAR. The district operates on a
8456	8456	fiscal year that begins on October 1 and ends on September 30.
8457	8457	(Acts 58th Leg., R.S., Ch. 260, Sec. 6 (part).)
8458	8458	Sec. 1083.153. AUDIT. (a) The district shall have an audit
8459	8459	made of the district's financial condition.
8460	8460	(b) The audit shall be open to inspection at all times at the
8461	8461	district's principal office. (Acts 58th Leg., R.S., Ch. 260, Sec. 6
8462	8462	(part).)
8463	8463	Sec. 1083.154. FINANCIAL REPORT. As soon as practicable
8464	8464	after the close of each fiscal year, the district administrator
8465	8465	shall prepare for the board:
8466	8466	(1) a complete sworn statement of all district money;
8467	8467	and
8468	8468	(2) a complete account of the disbursements of that
8469	8469	money. (Acts 58th Leg., R.S., Ch. 260, Sec. 6 (part).)
8470	8470	Sec. 1083.155. DEPOSITORY. (a) The board shall select one
8471	8471	or more banks in Wheeler County to serve as a depository for
8472	8472	district money.
8473	8473	(b) District money shall be immediately deposited on
8474	8474	receipt with a depository bank, except that sufficient money must
8475	8475	be remitted to an appropriate bank to pay the principal of and
8476	8476	interest on the district's outstanding bonds or other obligations
8477	8477	on or before the maturity date of the principal and interest.
8478	8478	(c) To the extent that money in a depository bank is not
8479	8479	insured by the Federal Deposit Insurance Corporation, the money
8480	8480	must be secured in the manner provided by law for the security of
8481	8481	county funds.
8482	8482	(d) Membership on the district's board of an officer or
8483	8483	director of a bank does not disqualify the bank from being selected
8484	8484	as a depository bank. (Acts 58th Leg., R.S., Ch. 260, Sec. 10.)
8485	8485	[Sections 1083.156-1083.200 reserved for expansion]
8486	8486	SUBCHAPTER E. BONDS
8487	8487	Sec. 1083.201. GENERAL OBLIGATION BONDS. (a) The board may
8488	8488	issue and sell general obligation bonds in the name and on the faith
8489	8489	and credit of the district for any purpose related to the purchase,
8490	8490	construction, acquisition, repair, or renovation of buildings or
8491	8491	improvements, and equipping buildings or improvements for a
8492	8492	hospital and the hospital system, as determined by the board.
8493	8493	(b) The board shall issue the bonds in compliance with the
8494	8494	applicable provisions of Subtitles A and C, Title 9, Government
8495	8495	Code. (Acts 58th Leg., R.S., Ch. 260, Sec. 7 (part).)
8496	8496	Sec. 1083.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
8497	8497	the time general obligation bonds are issued by the district under
8498	8498	Section 1083.201, the board shall impose an ad valorem tax at a rate
8499	8499	sufficient to create an interest and sinking fund and to pay the
8500	8500	principal of and interest on the bonds as the bonds mature.
8501	8501	(b) The tax required by this section together with any other
8502	8502	ad valorem tax the district imposes may not in any year exceed 75
8503	8503	cents on each $100 valuation of taxable property in the district.
8504	8504	(Acts 58th Leg., R.S., Ch. 260, Sec. 7 (part).)
8505	8505	Sec. 1083.203. GENERAL OBLIGATION BOND ELECTION. (a) The
8506	8506	district may issue general obligation bonds only if the bonds are
8507	8507	authorized by a majority of the district voters voting at an
8508	8508	election held for that purpose.
8509	8509	(b) The board shall call the election. The election must be
8510	8510	held in accordance with Chapter 1251, Government Code.
8511	8511	(c) The bond election order must specify:
8512	8512	(1) the date of the election;
8513	8513	(2) the location of the polling places;
8514	8514	(3) the presiding election officers;
8515	8515	(4) the amount of the bonds to be authorized;
8516	8516	(5) the maximum maturity of the bonds; and
8517	8517	(6) the maximum interest rate of the bonds. (Acts 58th
8518	8518	Leg., R.S., Ch. 260, Sec. 7 (part).)
8519	8519	Sec. 1083.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
8520	8520	board president shall execute the general obligation bonds in the
8521	8521	district's name, and the board secretary shall attest the bonds as
8522	8522	provided by Chapter 618, Government Code. (Acts 58th Leg., R.S.,
8523	8523	Ch. 260, Sec. 7 (part).)
8524	8524	Sec. 1083.205. REFUNDING BONDS. (a) The board may, without
8525	8525	an election, issue refunding bonds to refund any bonds issued by the
8526	8526	district.
8527	8527	(b) A refunding bond may be:
8528	8528	(1) sold, with the proceeds of the refunding bond
8529	8529	applied to the payment of the outstanding bonds; or
8530	8530	(2) exchanged wholly or partly for not less than a
8531	8531	similar principal amount of the outstanding bonds. (Acts 58th
8532	8532	Leg., R.S., Ch. 260, Sec. 7 (part).)
8533	8533	Sec. 1083.206. BONDS EXEMPT FROM TAXATION. The following
8534	8534	are exempt from taxation by this state or a political subdivision of
8535	8535	this state:
8536	8536	(1) bonds issued by the district;
8537	8537	(2) the transfer and issuance of the bonds; and
8538	8538	(3) profits made in the sale of the bonds. (Acts 58th
8539	8539	Leg., R.S., Ch. 260, Sec. 8 (part).)
8540	8540	[Sections 1083.207-1083.250 reserved for expansion]
8541	8541	SUBCHAPTER F. TAXES
8542	8542	Sec. 1083.251. IMPOSITION OF AD VALOREM TAX. (a) The
8543	8543	district may impose a tax on all property in the district subject to
8544	8544	district taxation.
8545	8545	(b) The tax may be used:
8546	8546	(1) to meet the requirements of district bonds; and
8547	8547	(2) for the district's maintenance and operating
8548	8548	expenses. (Acts 58th Leg., R.S., Ch. 260, Sec. 3 (part).)
8549	8549	Sec. 1083.252. TAX RATE. The district may impose the tax at
8550	8550	a rate not to exceed 75 cents on each $100 valuation of taxable
8551	8551	property in the district. (Acts 58th Leg., R.S., Ch. 260, Sec. 3
8552	8552	(part).)
8553	8553	Sec. 1083.253. TAX ASSESSOR-COLLECTOR. The tax
8554	8554	assessor-collector of Wheeler County shall assess and collect taxes
8555	8555	imposed by the district. (Acts 58th Leg., R.S., Ch. 260, Sec. 13
8556	8556	(part).)
8557	8557	CHAPTER 1084. PALO PINTO COUNTY
8558	8558	HOSPITAL DISTRICT
8559	8559	SUBCHAPTER A. GENERAL PROVISIONS
8560	8560	Sec. 1084.001. DEFINITIONS
8561	8561	Sec. 1084.002. AUTHORITY FOR OPERATION
8562	8562	Sec. 1084.003. POLITICAL SUBDIVISION
8563	8563	Sec. 1084.004. DISTRICT TERRITORY
8564	8564	Sec. 1084.005. CORRECTION OF INVALID PROCEDURES
8565	8565	[Sections 1084.006-1084.050 reserved for expansion]
8566	8566	SUBCHAPTER B. DISTRICT ADMINISTRATION
8567	8567	Sec. 1084.051. BOARD ELECTION; TERM
8568	8568	Sec. 1084.052. NOTICE OF ELECTION
8569	8569	Sec. 1084.053. QUALIFICATIONS FOR OFFICE
8570	8570	Sec. 1084.054. GROUNDS FOR REMOVAL
8571	8571	Sec. 1084.055. BOND; RECORD OF BOND AND OATH OR
8572	8572	AFFIRMATION
8573	8573	Sec. 1084.056. BOARD VACANCY
8574	8574	Sec. 1084.057. DIRECTOR RIGHTS AND RESPONSIBILITIES
8575	8575	Sec. 1084.058. OFFICERS
8576	8576	Sec. 1084.059. COMPENSATION; EXPENSES
8577	8577	Sec. 1084.060. VOTING REQUIREMENT
8578	8578	Sec. 1084.061. DISTRICT ADMINISTRATOR; ASSISTANT
8579	8579	ADMINISTRATOR
8580	8580	Sec. 1084.062. GENERAL DUTIES OF DISTRICT
8581	8581	ADMINISTRATOR
8582	8582	Sec. 1084.063. ELECTION OF CHIEF OF STAFF
8583	8583	Sec. 1084.064. APPOINTMENT AND RECRUITMENT OF STAFF
8584	8584	AND EMPLOYEES
8585	8585	Sec. 1084.065. PERSONNEL CONTRACTS
8586	8586	Sec. 1084.066. EDUCATIONAL PROGRAMS; COURSES
8587	8587	Sec. 1084.067. RETIREMENT BENEFITS
8588	8588	Sec. 1084.068. MAINTENANCE OF RECORDS; PUBLIC
8589	8589	INSPECTION
8590	8590	[Sections 1084.069-1084.100 reserved for expansion]
8591	8591	SUBCHAPTER C. POWERS AND DUTIES
8592	8592	Sec. 1084.101. DISTRICT RESPONSIBILITY
8593	8593	Sec. 1084.102. RESTRICTION ON COUNTY OR MUNICIPALITY
8594	8594	TAXATION
8595	8595	Sec. 1084.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
8596	8596	Sec. 1084.104. RULES
8597	8597	Sec. 1084.105. DISTRICT PROPERTY, FACILITIES, AND
8598	8598	EQUIPMENT
8599	8599	Sec. 1084.106. EMINENT DOMAIN
8600	8600	Sec. 1084.107. GIFTS AND ENDOWMENTS
8601	8601	Sec. 1084.108. CONTRACTS WITH GOVERNMENTAL ENTITIES
8602	8602	FOR CARE AND TREATMENT
8603	8603	Sec. 1084.109. PAYMENT FOR TREATMENT; PROCEDURES
8604	8604	Sec. 1084.110. NONPROFIT CORPORATION
8605	8605	Sec. 1084.111. AUTHORITY TO SUE AND BE SUED
8606	8606	Sec. 1084.112. INSPECTIONS
8607	8607	[Sections 1084.113-1084.150 reserved for expansion]
8608	8608	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
8609	8609	Sec. 1084.151. BUDGET
8610	8610	Sec. 1084.152. NOTICE; HEARING; ADOPTION OF BUDGET
8611	8611	Sec. 1084.153. AMENDMENTS TO BUDGET
8612	8612	Sec. 1084.154. FISCAL YEAR
8613	8613	Sec. 1084.155. ANNUAL AUDIT
8614	8614	Sec. 1084.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
8615	8615	RECORDS
8616	8616	Sec. 1084.157. DEPOSITORY OR TREASURER
8617	8617	Sec. 1084.158. GENERAL AUTHORITY TO BORROW MONEY;
8618	8618	SECURITY
8619	8619	Sec. 1084.159. AUTHORITY TO BORROW MONEY IN EMERGENCY;
8620	8620	SECURITY
8621	8621	[Sections 1084.160-1084.200 reserved for expansion]
8622	8622	SUBCHAPTER E. BONDS
8623	8623	Sec. 1084.201. GENERAL OBLIGATION BONDS
8624	8624	Sec. 1084.202. TAX TO PAY GENERAL OBLIGATION BONDS
8625	8625	Sec. 1084.203. ELECTION FOR GENERAL OBLIGATION BONDS
8626	8626	Sec. 1084.204. REVENUE BONDS
8627	8627	Sec. 1084.205. EXECUTION OF BONDS
8628	8628	[Sections 1084.206-1084.250 reserved for expansion]
8629	8629	SUBCHAPTER F. TAXES
8630	8630	Sec. 1084.251. IMPOSITION OF AD VALOREM TAX
8631	8631	Sec. 1084.252. TAX RATE
8632	8632	Sec. 1084.253. TAX ASSESSOR-COLLECTOR
8633	8633	[Sections 1084.254-1084.300 reserved for expansion]
8634	8634	SUBCHAPTER G. DISSOLUTION
8635	8635	Sec. 1084.301. DISSOLUTION; ELECTION
8636	8636	Sec. 1084.302. NOTICE OF ELECTION
8637	8637	Sec. 1084.303. BALLOT
8638	8638	Sec. 1084.304. ELECTION RESULTS
8639	8639	Sec. 1084.305. TRANSFER, SALE, OR ADMINISTRATION OF
8640	8640	ASSETS
8641	8641	Sec. 1084.306. SALE OR TRANSFER OF ASSETS AND
8642	8642	LIABILITIES
8643	8643	Sec. 1084.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
8644	8644	TAXES
8645	8645	Sec. 1084.308. REPORT; DISSOLUTION ORDER
8646	8646	CHAPTER 1084. PALO PINTO COUNTY
8647	8647	HOSPITAL DISTRICT
8648	8648	SUBCHAPTER A. GENERAL PROVISIONS
8649	8649	Sec. 1084.001. DEFINITIONS. In this chapter:
8650	8650	(1) "Board" means the board of directors of the
8651	8651	district.
8652	8652	(2) "Director" means a member of the board.
8653	8653	(3) "District" means the Palo Pinto County Hospital
8654	8654	District. (New.)
8655	8655	Sec. 1084.002. AUTHORITY FOR OPERATION. The Palo Pinto
8656	8656	County Hospital District operates in accordance with Section 9,
8657	8657	Article IX, Texas Constitution. (Acts 59th Leg., R.S., Ch. 84, Sec.
8658	8658	1 (part).)
8659	8659	Sec. 1084.003. POLITICAL SUBDIVISION. The district is a
8660	8660	political subdivision of this state. (Acts 59th Leg., R.S., Ch. 84,
8661	8661	Sec. 16 (part).)
8662	8662	Sec. 1084.004. DISTRICT TERRITORY. The boundaries of the
8663	8663	district are coextensive with the boundaries of Palo Pinto County,
8664	8664	Texas. (Acts 59th Leg., R.S., Ch. 84, Sec. 1 (part).)
8665	8665	Sec. 1084.005. CORRECTION OF INVALID PROCEDURES. If a
8666	8666	court holds that any procedure under this chapter violates the
8667	8667	constitution of this state or of the United States, the district by
8668	8668	resolution may provide an alternative procedure that conforms with
8669	8669	the constitution. (Acts 59th Leg., R.S., Ch. 84, Sec. 17 (part).)
8670	8670	[Sections 1084.006-1084.050 reserved for expansion]
8671	8671	SUBCHAPTER B. DISTRICT ADMINISTRATION
8672	8672	Sec. 1084.051. BOARD ELECTION; TERM. (a) The district is
8673	8673	governed by a board of seven directors as follows:
8674	8674	(1) six directors elected by place; and
8675	8675	(2) the chief of staff elected by the medical staff
8676	8676	under Section 1084.063.
8677	8677	(b) Unless four-year terms are established under Section
8678	8678	285.081, Health and Safety Code, the directors elected to the board
8679	8679	serve staggered two-year terms as follows:
8680	8680	(1) directors for places 1, 2, and 3 are elected on the
8681	8681	uniform election date in May of each odd-numbered year; and
8682	8682	(2) directors for places 4, 5, and 6 are elected on the
8683	8683	uniform election date in May of each even-numbered year. (Acts 59th
8684	8684	Leg., R.S., Ch. 84, Secs. 4(a) (part), (d) (part).)
8685	8685	Sec. 1084.052. NOTICE OF ELECTION. Notice of each
8686	8686	directors' election shall be published in a newspaper of general
8687	8687	circulation in Palo Pinto County in accordance with Chapter 4,
8688	8688	Election Code. (Acts 59th Leg., R.S., Ch. 84, Sec. 4(d) (part).)
8689	8689	Sec. 1084.053. QUALIFICATIONS FOR OFFICE. (a) A person may
8690	8690	not be elected or appointed to an elected position on the board
8691	8691	unless the person is:
8692	8692	(1) a resident of the district; and
8693	8693	(2) a qualified voter.
8694	8694	(b) In addition to the requirements prescribed by
8695	8695	Subsection (a), a person is not eligible to serve as a director if
8696	8696	the person:
8697	8697	(1) directly or indirectly has an ownership or
8698	8698	investment interest in a health care facility located in Palo Pinto
8699	8699	County; or
8700	8700	(2) directly or in conjunction with another person or
8701	8701	entity has an ownership interest in another business or entity
8702	8702	that:
8703	8703	(A) is related to health care; and
8704	8704	(B) provides a good or service to the area served
8705	8705	by the district that is the same as or substantially similar to a
8706	8706	good or service provided by the district.
8707	8707	(c) Subsection (b) does not apply to:
8708	8708	(1) an ownership or investment interest in publicly
8709	8709	available shares of a registered investment company, such as a
8710	8710	mutual fund, that owns publicly traded equity securities or debt
8711	8711	obligations issued by:
8712	8712	(A) a health care facility;
8713	8713	(B) a business or entity described by Subsection
8714	8714	(b); or
8715	8715	(C) an entity that owns the health care facility,
8716	8716	business, or entity; or
8717	8717	(2) a physician's ownership interest in the
8718	8718	physician's own medical practice. (Acts 59th Leg., R.S., Ch. 84,
8719	8719	Secs. 4(a) (part), (a-1), (a-2).)
8720	8720	Sec. 1084.054. GROUNDS FOR REMOVAL. (a) It is a ground for
8721	8721	removal from the board that a director violates a prohibition
8722	8722	established by Section 1084.053(b). A director may be removed for
8723	8723	the violation in accordance with the procedures provided by
8724	8724	Subchapter B, Chapter 87, Local Government Code, for removing a
8725	8725	county official.
8726	8726	(b) The validity of a board action is not affected by the
8727	8727	fact that the action is taken when a ground for removal of a
8728	8728	director exists. (Acts 59th Leg., R.S., Ch. 84, Secs. 4(a-3),
8729	8729	(a-4), (a-5).)
8730	8730	Sec. 1084.055. BOND; RECORD OF BOND AND OATH OR
8731	8731	AFFIRMATION. (a) Each director shall execute a good and sufficient
8732	8732	bond for $5,000 that is:
8733	8733	(1) payable to the district; and
8734	8734	(2) conditioned on the faithful performance of the
8735	8735	director's duties.
8736	8736	(b) Each director's bond and the constitutional oath or
8737	8737	affirmation of office shall be deposited with the district's
8738	8738	depository bank for safekeeping. (Acts 59th Leg., R.S., Ch. 84,
8739	8739	Sec. 4(b) (part).)
8740	8740	Sec. 1084.056. BOARD VACANCY. (a) If a vacancy occurs in
8741	8741	the office of elected director, the remaining directors by majority
8742	8742	vote shall appoint a director for the unexpired term.
8743	8743	(b) If the number of directors is reduced to fewer than four
8744	8744	for any reason, the remaining directors shall immediately call a
8745	8745	special election to fill the vacancies of the elected positions. If
8746	8746	the remaining directors do not call the election, a district court,
8747	8747	on application of a district voter or taxpayer, may order the
8748	8748	directors to hold the election. (Acts 59th Leg., R.S., Ch. 84, Sec.
8749	8749	4(c) (part).)
8750	8750	Sec. 1084.057. DIRECTOR RIGHTS AND RESPONSIBILITIES. All
8751	8751	directors have the same rights and responsibilities with regard to
8752	8752	voting and other matters. (Acts 59th Leg., R.S., Ch. 84, Sec. 4(a)
8753	8753	(part).)
8754	8754	Sec. 1084.058. OFFICERS. (a) The board shall elect a
8755	8755	president, vice president, and secretary from among its members.
8756	8756	(b) Each officer of the board serves for a term of one year
8757	8757	and may serve successive terms. (Acts 59th Leg., R.S., Ch. 84, Sec.
8758	8758	4(c) (part).)
8759	8759	Sec. 1084.059. COMPENSATION; EXPENSES. A director serves
8760	8760	without compensation but may be reimbursed for actual expenses
8761	8761	incurred in the performance of official duties on approval of the
8762	8762	expenses by the entire board as reported in the board minutes. (Acts
8763	8763	59th Leg., R.S., Ch. 84, Sec. 4(e).)
8764	8764	Sec. 1084.060. VOTING REQUIREMENT. A concurrence of four
8765	8765	directors is sufficient in any matter relating to district
8766	8766	business. (Acts 59th Leg., R.S., Ch. 84, Sec. 4(c) (part).)
8767	8767	Sec. 1084.061. DISTRICT ADMINISTRATOR; ASSISTANT
8768	8768	ADMINISTRATOR. (a) The board may appoint a qualified person as
8769	8769	district administrator.
8770	8770	(b) The board may appoint an assistant administrator.
8771	8771	(c) The district administrator and any assistant
8772	8772	administrator serve at the will of the board and are entitled to the
8773	8773	compensation determined by the board.
8774	8774	(d) On assuming the duties of district administrator, the
8775	8775	administrator shall execute a bond payable to the district in an
8776	8776	amount set by the board of not less than $5,000 that:
8777	8777	(1) is conditioned on the administrator performing the
8778	8778	administrator's duties; and
8779	8779	(2) contains other conditions the board may require.
8780	8780	(e) The board may pay for the bond with district money.
8781	8781	(Acts 59th Leg., R.S., Ch. 84, Sec. 7(b) (part).)
8782	8782	Sec. 1084.062. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
8783	8783	Subject to any limitations prescribed by the board, the district
8784	8784	administrator shall:
8785	8785	(1) supervise the work and activities of the district;
8786	8786	and
8787	8787	(2) direct the affairs of the district. (Acts 59th
8788	8788	Leg., R.S., Ch. 84, Sec. 7(b) (part).)
8789	8789	Sec. 1084.063. ELECTION OF CHIEF OF STAFF. At least once
8790	8790	every two years, the medical staff of the hospital system owned and
8791	8791	operated by the district shall elect a chief of staff. (Acts 59th
8792	8792	Leg., R.S., Ch. 84, Sec. 4(a) (part).)
8793	8793	Sec. 1084.064. APPOINTMENT AND RECRUITMENT OF STAFF AND
8794	8794	EMPLOYEES. (a) The board may provide that the district
8795	8795	administrator has the authority to employ or appoint to the staff
8796	8796	doctors, nurses, technicians, and any other employees as necessary
8797	8797	for the efficient operation of the district.
8798	8798	(b) The board may spend district money, enter into
8799	8799	agreements, and take other necessary action to recruit physicians
8800	8800	and other persons to serve as medical staff members or district
8801	8801	employees, including:
8802	8802	(1) advertising and marketing;
8803	8803	(2) paying travel, recruitment, and relocation
8804	8804	expenses;
8805	8805	(3) providing a loan or scholarship to a physician or a
8806	8806	person who:
8807	8807	(A) is currently enrolled in health care
8808	8808	education courses at an institution of higher education; and
8809	8809	(B) contractually agrees to become a district
8810	8810	employee or medical staff member; or
8811	8811	(4) paying the tuition or other expenses of a
8812	8812	full-time medical student or other student in a health occupation
8813	8813	who:
8814	8814	(A) is enrolled in and is in good standing at an
8815	8815	accredited medical school, college, or university; and
8816	8816	(B) contractually agrees to become a district
8817	8817	employee or independent contractor in return for that assistance.
8818	8818	(Acts 59th Leg., R.S., Ch. 84, Secs. 7(b) (part), (g).)
8819	8819	Sec. 1084.065. PERSONNEL CONTRACTS. (a) The board may
8820	8820	contract to provide administrative and other personnel for the
8821	8821	operation of the hospital facilities.
8822	8822	(b) The term of a contract may not exceed 25 years. (Acts
8823	8823	59th Leg., R.S., Ch. 84, Sec. 7(e) (part).)
8824	8824	Sec. 1084.066. EDUCATIONAL PROGRAMS; COURSES. The board
8825	8825	may provide or contract for the provision of educational programs
8826	8826	or courses for district employees and medical staff. (Acts 59th
8827	8827	Leg., R.S., Ch. 84, Sec. 7(i).)
8828	8828	Sec. 1084.067. RETIREMENT BENEFITS. The board may provide
8829	8829	retirement benefits for district employees by:
8830	8830	(1) establishing or administering a retirement
8831	8831	program; or
8832	8832	(2) participating in a statewide retirement system in
8833	8833	which the district is eligible to participate. (Acts 59th Leg.,
8834	8834	R.S., Ch. 84, Sec. 7(f).)
8835	8835	Sec. 1084.068. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
8836	8836	Except as provided by Section 1084.055, all district records,
8837	8837	including books, accounts, notices, minutes, and all other matters
8838	8838	of the district and the operation of its facilities, shall be:
8839	8839	(1) maintained at the district office; and
8840	8840	(2) open to public inspection at the district office
8841	8841	at all reasonable hours. (Acts 59th Leg., R.S., Ch. 84, Sec. 7(l).)
8842	8842	[Sections 1084.069-1084.100 reserved for expansion]
8843	8843	SUBCHAPTER C. POWERS AND DUTIES
8844	8844	Sec. 1084.101. DISTRICT RESPONSIBILITY. The district has
8845	8845	full responsibility for providing medical and hospital care for the
8846	8846	district's needy and indigent residents. (Acts 59th Leg., R.S.,
8847	8847	Ch. 84, Secs. 2 (part), 12 (part).)
8848	8848	Sec. 1084.102. RESTRICTION ON COUNTY OR MUNICIPALITY
8849	8849	TAXATION. Palo Pinto County or a municipality in the district may
8850	8850	not impose a tax on property in the district for hospital purposes.
8851	8851	(Acts 59th Leg., R.S., Ch. 84, Sec. 12 (part).)
8852	8852	Sec. 1084.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
8853	8853	The board shall manage, control, and administer the district's
8854	8854	hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 84, Sec.
8855	8855	7(a) (part).)
8856	8856	Sec. 1084.104. RULES. (a) The board may adopt rules
8857	8857	governing the operation of the district, including district
8858	8858	facilities.
8859	8859	(b) On approval by the board, the rules may be published in
8860	8860	booklet form at district expense and made available to any taxpayer
8861	8861	on request. (Acts 59th Leg., R.S., Ch. 84, Sec. 7(m).)
8862	8862	Sec. 1084.105. DISTRICT PROPERTY, FACILITIES, AND
8863	8863	EQUIPMENT. (a) The board may:
8864	8864	(1) purchase or lease property, including facilities
8865	8865	or equipment, for the district to use in the hospital system; and
8866	8866	(2) mortgage or pledge the property as security for
8867	8867	the payment of the purchase price.
8868	8868	(b) The board may lease district hospital facilities to
8869	8869	individuals, corporations, or other legal entities.
8870	8870	(c) The board may sell or otherwise dispose of the
8871	8871	district's property, including facilities or equipment. (Acts 59th
8872	8872	Leg., R.S., Ch. 84, Secs. 7(d), (e) (part).)
8873	8873	Sec. 1084.106. EMINENT DOMAIN. (a) The district may
8874	8874	exercise the power of eminent domain to acquire a fee simple or
8875	8875	other interest in any type of property, real, personal, or mixed,
8876	8876	located in district territory, if the interest is necessary or
8877	8877	convenient for the district to exercise a right, power, privilege,
8878	8878	or function conferred on the district by this chapter.
8879	8879	(b) The district must exercise the power of eminent domain
8880	8880	in the manner provided by Chapter 21, Property Code, except the
8881	8881	district is not required to deposit in the trial court money or a
8882	8882	bond as provided by Section 21.021, Property Code.
8883	8883	(c) In a condemnation proceeding brought by the district,
8884	8884	the district is not required to:
8885	8885	(1) pay in advance or provide a bond or other security
8886	8886	for costs in the trial court;
8887	8887	(2) provide a bond for the issuance of a temporary
8888	8888	restraining order or a temporary injunction; or
8889	8889	(3) provide a bond for costs or a supersedeas bond on
8890	8890	an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 84,
8891	8891	Sec. 9.)
8892	8892	Sec. 1084.107. GIFTS AND ENDOWMENTS. The board may accept
8893	8893	for the district a gift or endowment to be held in trust and
8894	8894	administered by the board for the purposes and under the
8895	8895	directions, limitations, or provisions prescribed in writing by the
8896	8896	donor that are not inconsistent with the proper management and
8897	8897	objectives of the district. (Acts 59th Leg., R.S., Ch. 84, Sec.
8898	8898	14.)
8899	8899	Sec. 1084.108. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
8900	8900	CARE AND TREATMENT. (a) The board may contract with a county or
8901	8901	municipality located outside the district's boundaries for the care
8902	8902	and treatment of a sick or injured person of that county or
8903	8903	municipality.
8904	8904	(b) The board may contract with this state or a federal
8905	8905	agency for the treatment of a sick or injured person. (Acts 59th
8906	8906	Leg., R.S., Ch. 84, Sec. 7(c).)
8907	8907	Sec. 1084.109. PAYMENT FOR TREATMENT; PROCEDURES. (a)
8908	8908	When a patient who resides in the district is admitted to a district
8909	8909	facility, the district administrator may have an inquiry made into
8910	8910	the circumstances of:
8911	8911	(1) the patient; and
8912	8912	(2) the patient's relatives who are legally liable for
8913	8913	the patient's support.
8914	8914	(b) If the district administrator determines that the
8915	8915	patient or those relatives cannot pay all or part of the costs of
8916	8916	the care and treatment in the hospital, the amount of the costs that
8917	8917	cannot be paid becomes a charge against the district.
8918	8918	(c) If the district administrator determines that the
8919	8919	patient or those relatives are liable to pay for all or part of the
8920	8920	costs of the patient's care and treatment, the patient or those
8921	8921	relatives shall be ordered to pay the district a specified amount
8922	8922	each week for the patient's support. The amount ordered must be
8923	8923	proportionate to the person's financial ability.
8924	8924	(d) The district may collect the amount from the estate of
8925	8925	the patient, or from any relative who is legally liable for the
8926	8926	patient's support, in the manner provided by law for the collection
8927	8927	of expenses of the last illness of a deceased person.
8928	8928	(e) The board may institute a suit to collect an amount owed
8929	8929	to the district by a patient who has not been determined to be
8930	8930	unable to pay under this section.
8931	8931	(f) If there is a dispute as to the ability to pay, or doubt
8932	8932	in the mind of the district administrator, the board shall hold a
8933	8933	hearing and, after calling witnesses, shall:
8934	8934	(1) resolve the dispute or doubt; and
8935	8935	(2) issue an appropriate order. (Acts 59th Leg.,
8936	8936	R.S., Ch. 84, Secs. 7(j), 13.)
8937	8937	Sec. 1084.110. NONPROFIT CORPORATION. (a) The district
8938	8938	may create and sponsor a nonprofit corporation under the Business
8939	8939	Organizations Code and may contribute money to or solicit money for
8940	8940	the corporation.
8941	8941	(b) The corporation may use district money, other than money
8942	8942	the corporation pays to the district, only to provide health care or
8943	8943	other services the district is authorized to provide under this
8944	8944	chapter.
8945	8945	(c) The corporation may invest the corporation's money in
8946	8946	any manner in which the district may invest the district's money,
8947	8947	including investing money as authorized by Chapter 2256, Government
8948	8948	Code.
8949	8949	(d) The board shall establish controls to ensure that the
8950	8950	corporation uses its money as required by this section. (Acts 59th
8951	8951	Leg., R.S., Ch. 84, Sec. 7(k).)
8952	8952	Sec. 1084.111. AUTHORITY TO SUE AND BE SUED. As a
8953	8953	governmental agency, the district, through the board, may sue and
8954	8954	be sued in the district's own name in any court of this state. (Acts
8955	8955	59th Leg., R.S., Ch. 84, Secs. 7(a) (part), 16 (part).)
8956	8956	Sec. 1084.112. INSPECTIONS. The district is subject to
8957	8957	inspection by any authorized representative of this state. A
8958	8958	district officer or employee shall:
8959	8959	(1) admit the representative into any district
8960	8960	facility; and
8961	8961	(2) provide the representative with access on demand
8962	8962	to any record, report, book, paper, or account relating to the
8963	8963	district. (Acts 59th Leg., R.S., Ch. 84, Sec. 11.)
8964	8964	[Sections 1084.113-1084.150 reserved for expansion]
8965	8965	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
8966	8966	Sec. 1084.151. BUDGET. The district administrator shall
8967	8967	prepare an annual budget for approval by the board. (Acts 59th
8968	8968	Leg., R.S., Ch. 84, Sec. 8(b) (part).)
8969	8969	Sec. 1084.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
8970	8970	The board shall hold a public hearing on the proposed budget.
8971	8971	(b) Notice of the hearing must be published at least once in
8972	8972	a newspaper of general circulation in the district not later than
8973	8973	the 10th day before the date of the hearing.
8974	8974	(c) Any district resident is entitled to:
8975	8975	(1) appear at the time and place designated in the
8976	8976	notice; and
8977	8977	(2) be heard regarding any item included in the
8978	8978	proposed budget.
8979	8979	(d) The annual budget is effective only after adoption by
8980	8980	the board. (Acts 59th Leg., R.S., Ch. 84, Sec. 8(b) (part).)
8981	8981	Sec. 1084.153. AMENDMENTS TO BUDGET. After the annual
8982	8982	budget is adopted, the budget may be amended on the board's
8983	8983	approval. (Acts 59th Leg., R.S., Ch. 84, Sec. 8(b) (part).)
8984	8984	Sec. 1084.154. FISCAL YEAR. (a) The district operates
8985	8985	according to a fiscal year established by the board.
8986	8986	(b) The fiscal year may not be changed:
8987	8987	(1) during a period that revenue bonds of the district
8988	8988	are outstanding; or
8989	8989	(2) more than once in a 24-month period. (Acts 59th
8990	8990	Leg., R.S., Ch. 84, Sec. 8(a) (part).)
8991	8991	Sec. 1084.155. ANNUAL AUDIT. The board annually shall have
8992	8992	an independent audit made of the district's books and records.
8993	8993	(Acts 59th Leg., R.S., Ch. 84, Sec. 8(a) (part).)
8994	8994	Sec. 1084.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
8995	8995	RECORDS. The annual audit and other district records are open to
8996	8996	inspection at the district's office. (Acts 59th Leg., R.S., Ch. 84,
8997	8997	Sec. 8(a) (part).)
8998	8998	Sec. 1084.157. DEPOSITORY OR TREASURER. (a) The board by
8999	8999	resolution shall designate a bank to serve as the district's
9000	9000	depository or treasurer.
9001	9001	(b) All district money shall be secured in the manner
9002	9002	provided for securing county funds. (Acts 59th Leg., R.S., Ch. 84,
9003	9003	Sec. 10.)
9004	9004	Sec. 1084.158. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
9005	9005	(a) The board may borrow money at a rate not to exceed the maximum
9006	9006	annual percentage rate allowed by law for district obligations at
9007	9007	the time the loan is made.
9008	9008	(b) To secure a loan, the board may pledge:
9009	9009	(1) district revenue that is not pledged to pay the
9010	9010	district's bonded indebtedness;
9011	9011	(2) a district tax to be imposed by the district during
9012	9012	the 12-month period following the date of the pledge that is not
9013	9013	pledged to pay the principal of or interest on district bonds; or
9014	9014	(3) district bonds that have been authorized but not
9015	9015	sold.
9016	9016	(c) A loan for which taxes or bonds are pledged must mature
9017	9017	not later than the first anniversary of the date the loan is made. A
9018	9018	loan for which district revenue is pledged must mature not later
9019	9019	than the fifth anniversary of the date the loan is made. (Acts 59th
9020	9020	Leg., R.S., Ch. 84, Sec. 6B.)
9021	9021	Sec. 1084.159. AUTHORITY TO BORROW MONEY IN EMERGENCY;
9022	9022	SECURITY. (a) If money is not available to meet an authorized
9023	9023	obligation of the district, the board shall adopt an order
9024	9024	declaring an emergency. After the order is adopted, the board may
9025	9025	borrow money on district notes at a rate not to exceed 12 percent a
9026	9026	year to meet the obligation.
9027	9027	(b) To secure the loan, the board may pledge:
9028	9028	(1) district revenue that is not pledged to pay the
9029	9029	district's bonded indebtedness;
9030	9030	(2) a district tax that is to be imposed not later than
9031	9031	the first anniversary of the date of the loan and that is not
9032	9032	pledged to pay the principal of or interest on district bonds; or
9033	9033	(3) district bonds that have been authorized but not
9034	9034	sold.
9035	9035	(c) A loan for which taxes or bonds are pledged must mature
9036	9036	not later than the first anniversary of the date the loan is made. A
9037	9037	loan for which district revenue is pledged must mature not later
9038	9038	than the fifth anniversary of the date the loan is made.
9039	9039	(d) The board may spend money obtained from a loan under
9040	9040	this section only to meet the obligation that made the loan
9041	9041	necessary. The board may spend money obtained from any taxes or
9042	9042	bonds used to secure the loan only for the purpose for which the
9043	9043	taxes were imposed or the bonds were authorized. (Acts 59th Leg.,
9044	9044	R.S., Ch. 84, Sec. 6A.)
9045	9045	[Sections 1084.160-1084.200 reserved for expansion]
9046	9046	SUBCHAPTER E. BONDS
9047	9047	Sec. 1084.201. GENERAL OBLIGATION BONDS. The board may
9048	9048	issue and sell general obligation bonds authorized by an election
9049	9049	in the name and on the faith and credit of the district, to:
9050	9050	(1) purchase, construct, acquire, repair, or renovate
9051	9051	buildings or improvements;
9052	9052	(2) equip buildings or improvements for hospital
9053	9053	purposes; and
9054	9054	(3) acquire sites to be used for district purposes.
9055	9055	(Acts 59th Leg., R.S., Ch. 84, Sec. 6(a) (part).)
9056	9056	Sec. 1084.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
9057	9057	the time general obligation bonds are issued by the district under
9058	9058	Section 1084.201, the board shall impose an ad valorem tax at a rate
9059	9059	sufficient to create an interest and sinking fund to pay the
9060	9060	principal of and interest on the bonds as the bonds mature.
9061	9061	(b) The tax required by this section together with any other
9062	9062	ad valorem tax the district imposes may not in any year exceed 75
9063	9063	cents on each $100 valuation of all taxable property in the
9064	9064	district. (Acts 59th Leg., R.S., Ch. 84, Sec. 6(a) (part).)
9065	9065	Sec. 1084.203. ELECTION FOR GENERAL OBLIGATION BONDS. (a)
9066	9066	The district may issue general obligation bonds only if the bonds
9067	9067	are authorized by a majority of the district voters voting at an
9068	9068	election held for that purpose.
9069	9069	(b) The board may order the election on its own motion.
9070	9070	(c) The election shall be conducted in accordance with
9071	9071	Chapter 1251, Government Code. (Acts 59th Leg., R.S., Ch. 84, Sec.
9072	9072	6(c).)
9073	9073	Sec. 1084.204. REVENUE BONDS. (a) The board may issue and
9074	9074	sell revenue bonds in the name and on the faith and credit of the
9075	9075	district to purchase, construct, acquire, repair, renovate, or
9076	9076	equip buildings or improvements for district purposes.
9077	9077	(b) The bonds must be payable from and secured by a pledge of
9078	9078	all or part of the revenue derived from the operation of the
9079	9079	district's hospital system.
9080	9080	(c) The bonds may be additionally secured by a mortgage or
9081	9081	deed of trust on all or part of district property.
9082	9082	(d) The bonds must be issued in the manner provided by
9083	9083	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
9084	9084	Health and Safety Code, for the issuance of revenue bonds by a
9085	9085	county hospital authority. (Acts 59th Leg., R.S., Ch. 84, Sec.
9086	9086	6(e).)
9087	9087	Sec. 1084.205. EXECUTION OF BONDS. (a) The board president
9088	9088	shall execute district bonds in the district's name.
9089	9089	(b) The board secretary shall countersign the bonds. (Acts
9090	9090	59th Leg., R.S., Ch. 84, Sec. 6(b) (part).)
9091	9091	[Sections 1084.206-1084.250 reserved for expansion]
9092	9092	SUBCHAPTER F. TAXES
9093	9093	Sec. 1084.251. IMPOSITION OF AD VALOREM TAX. (a) The board
9094	9094	shall impose a tax on all property in the district subject to
9095	9095	district taxation.
9096	9096	(b) The board shall impose the tax to:
9097	9097	(1) pay the interest on and create a sinking fund for
9098	9098	bonds or other obligations issued or assumed by the district for
9099	9099	hospital purposes;
9100	9100	(2) provide for the operation and maintenance of the
9101	9101	district and hospital system;
9102	9102	(3) make improvements and additions to the hospital
9103	9103	system; and
9104	9104	(4) acquire necessary sites for the hospital system by
9105	9105	purchase, lease, or condemnation. (Acts 59th Leg., R.S., Ch. 84,
9106	9106	Sec. 5(a) (part).)
9107	9107	Sec. 1084.252. TAX RATE. The board may impose the tax at a
9108	9108	rate not to exceed 75 cents on each $100 valuation of all taxable
9109	9109	property in the district. (Acts 59th Leg., R.S., Ch. 84, Sec. 5(a)
9110	9110	(part).)
9111	9111	Sec. 1084.253. TAX ASSESSOR-COLLECTOR. The board may
9112	9112	provide for the appointment of a tax assessor-collector for the
9113	9113	district or may contract for the assessment and collection of taxes
9114	9114	as provided by the Tax Code. (Acts 59th Leg., R.S., Ch. 84, Sec.
9115	9115	5(b) (part).)
9116	9116	[Sections 1084.254-1084.300 reserved for expansion]
9117	9117	SUBCHAPTER G. DISSOLUTION
9118	9118	Sec. 1084.301. DISSOLUTION; ELECTION. (a) The district
9119	9119	may be dissolved only on approval of a majority of the district
9120	9120	voters voting in an election held for that purpose.
9121	9121	(b) The board may order an election on the question of
9122	9122	dissolving the district and disposing of the district's assets and
9123	9123	obligations.
9124	9124	(c) The board shall order an election if the board receives
9125	9125	a petition requesting an election that is signed by at least 15
9126	9126	percent of the registered voters of the district.
9127	9127	(d) The order calling the election must state:
9128	9128	(1) the nature of the election, including the
9129	9129	proposition to appear on the ballot;
9130	9130	(2) the date of the election;
9131	9131	(3) the hours during which the polls will be open; and
9132	9132	(4) the location of the polling places.
9133	9133	(e) Section 41.001(a), Election Code, does not apply to an
9134	9134	election ordered under this section. (Acts 59th Leg., R.S., Ch. 84,
9135	9135	Secs. 16A(a), (b), (c) (part).)
9136	9136	Sec. 1084.302. NOTICE OF ELECTION. (a) The board shall
9137	9137	give notice of an election under this subchapter by publishing once
9138	9138	a week for two consecutive weeks a substantial copy of the election
9139	9139	order in a newspaper with general circulation in the district.
9140	9140	(b) The first publication of the notice must appear not
9141	9141	later than the 35th day before the date set for the election. (Acts
9142	9142	59th Leg., R.S., Ch. 84, Sec. 16A(d) (part).)
9143	9143	Sec. 1084.303. BALLOT. The ballot for an election under
9144	9144	this subchapter must be printed to permit voting for or against the
9145	9145	proposition: "The dissolution of the Palo Pinto County Hospital
9146	9146	District." (Acts 59th Leg., R.S., Ch. 84, Sec. 16A(d) (part).)
9147	9147	Sec. 1084.304. ELECTION RESULTS. (a) If a majority of the
9148	9148	votes in an election under this subchapter favor dissolution, the
9149	9149	board shall find that the district is dissolved.
9150	9150	(b) If a majority of the votes in the election do not favor
9151	9151	dissolution, the board shall continue to administer the district
9152	9152	and another election on the question of dissolution may not be held
9153	9153	before the first anniversary of the date of the most recent election
9154	9154	to dissolve the district. (Acts 59th Leg., R.S., Ch. 84, Sec.
9155	9155	16A(e).)
9156	9156	Sec. 1084.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS.
9157	9157	(a) If a majority of the votes in an election held under this
9158	9158	subchapter favor dissolution, the board shall:
9159	9159	(1) transfer the land, buildings, improvements,
9160	9160	equipment, and other assets that belong to the district to a county
9161	9161	or to another governmental entity in Palo Pinto County;
9162	9162	(2) sell the assets and liabilities to another person;
9163	9163	or
9164	9164	(3) administer the property, assets, and debts until
9165	9165	all money has been disposed of and all district debts have been paid
9166	9166	or settled.
9167	9167	(b) If the board makes the transfer under Subsection (a)(1),
9168	9168	the county or entity assumes all debts and obligations of the
9169	9169	district at the time of the transfer, and the district is dissolved.
9170	9170	(c) If Subsections (a)(1) and (2) do not apply and the board
9171	9171	administers the property, assets, and debts of the district under
9172	9172	Subsection (a)(3), the district is dissolved when all money has
9173	9173	been disposed of and all district debts have been paid or settled.
9174	9174	(Acts 59th Leg., R.S., Ch. 84, Secs. 16A(f), (g), (m) (part).)
9175	9175	Sec. 1084.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
9176	9176	(a) The dissolution of the district and the sale or transfer of the
9177	9177	district's assets and liabilities to another person may not
9178	9178	contravene a trust indenture or bond resolution relating to the
9179	9179	district's outstanding bonds. The dissolution and sale or transfer
9180	9180	does not diminish or impair the rights of a holder of an outstanding
9181	9181	bond, warrant, or other obligation of the district.
9182	9182	(b) The sale or transfer of the district's assets and
9183	9183	liabilities must satisfy the debt and bond obligations of the
9184	9184	district in a manner that protects the interests of district
9185	9185	residents, including the residents' collective property rights in
9186	9186	the district's assets.
9187	9187	(c) The district may not transfer or dispose of the
9188	9188	district's assets except for due compensation unless:
9189	9189	(1) the transfer is made to another governmental
9190	9190	entity that serves the district; and
9191	9191	(2) the transferred assets are to be used for the
9192	9192	benefit of the district's residents.
9193	9193	(d) A grant from federal funds is an obligation to be repaid
9194	9194	in satisfaction. (Acts 59th Leg., R.S., Ch. 84, Secs. 16A(m)
9195	9195	(part), (n).)
9196	9196	Sec. 1084.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
9197	9197	TAXES. (a) After the board finds that the district is dissolved,
9198	9198	the board shall:
9199	9199	(1) determine the debt owed by the district; and
9200	9200	(2) impose on the property included on the district's
9201	9201	tax rolls a tax that is in proportion of the debt to the property
9202	9202	value.
9203	9203	(b) On the payment of all outstanding debts and obligations
9204	9204	of the district, the board shall order the secretary to return to
9205	9205	each district taxpayer the taxpayer's pro rata share of all unused
9206	9206	tax money.
9207	9207	(c) A taxpayer may request that the taxpayer's share of
9208	9208	surplus tax money be credited to the taxpayer's county taxes. If a
9209	9209	taxpayer requests the credit, the board shall direct the secretary
9210	9210	to transmit the money to the county tax assessor-collector. (Acts
9211	9211	59th Leg., R.S., Ch. 84, Secs. 16A(h), (i), (j).)
9212	9212	Sec. 1084.308. REPORT; DISSOLUTION ORDER. (a) After the
9213	9213	district has paid all district debts and has disposed of all
9214	9214	district money and other assets as prescribed by this subchapter,
9215	9215	the board shall file a written report with the Commissioners Court
9216	9216	of Palo Pinto County summarizing the board's actions in dissolving
9217	9217	the district.
9218	9218	(b) Not later than the 10th day after the date the
9219	9219	Commissioners Court of Palo Pinto County receives the report and
9220	9220	determines that the requirements of this subchapter have been
9221	9221	fulfilled, the commissioners court shall enter an order dissolving
9222	9222	the district and releasing the board from any further duty or
9223	9223	obligation. (Acts 59th Leg., R.S., Ch. 84, Secs. 16A(k), (l).)
9224	9224	CHAPTER 1085. PARKER COUNTY HOSPITAL DISTRICT
9225	9225	SUBCHAPTER A. GENERAL PROVISIONS
9226	9226	Sec. 1085.001. DEFINITIONS
9227	9227	Sec. 1085.002. AUTHORITY FOR CREATION
9228	9228	Sec. 1085.003. ESSENTIAL PUBLIC FUNCTION
9229	9229	Sec. 1085.004. DISTRICT TERRITORY
9230	9230	Sec. 1085.005. DISTRICT SUPPORT AND MAINTENANCE NOT
9231	9231	STATE OBLIGATION
9232	9232	Sec. 1085.006. RESTRICTION ON STATE FINANCIAL
9233	9233	ASSISTANCE
9234	9234	[Sections 1085.007-1085.050 reserved for expansion]
9235	9235	SUBCHAPTER B. DISTRICT ADMINISTRATION
9236	9236	Sec. 1085.051. BOARD ELECTION; TERM
9237	9237	Sec. 1085.052. NOTICE OF ELECTION
9238	9238	Sec. 1085.053. BALLOT PETITION
9239	9239	Sec. 1085.054. BOARD VACANCY
9240	9240	Sec. 1085.055. OFFICERS
9241	9241	Sec. 1085.056. DISTRICT ADMINISTRATOR; ASSISTANT
9242	9242	ADMINISTRATOR
9243	9243	Sec. 1085.057. GENERAL DUTIES OF DISTRICT
9244	9244	ADMINISTRATOR
9245	9245	Sec. 1085.058. APPOINTMENT OF STAFF AND EMPLOYEES
9246	9246	Sec. 1085.059. RETIREMENT PROGRAM
9247	9247	Sec. 1085.060. LEGAL COUNSEL
9248	9248	[Sections 1085.061-1085.100 reserved for expansion]
9249	9249	SUBCHAPTER C. POWERS AND DUTIES
9250	9250	Sec. 1085.101. DISTRICT RESPONSIBILITY
9251	9251	Sec. 1085.102. RESTRICTION ON POLITICAL SUBDIVISION
9252	9252	TAXATION AND DEBT
9253	9253	Sec. 1085.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
9254	9254	Sec. 1085.104. HOSPITAL SYSTEM
9255	9255	Sec. 1085.105. RULES
9256	9256	Sec. 1085.106. PURCHASING AND ACCOUNTING PROCEDURES
9257	9257	Sec. 1085.107. DISTRICT PROPERTY, FACILITIES, AND
9258	9258	EQUIPMENT
9259	9259	Sec. 1085.108. EMINENT DOMAIN
9260	9260	Sec. 1085.109. GIFTS AND ENDOWMENTS
9261	9261	Sec. 1085.110. CONTRACTS WITH GOVERNMENTAL ENTITIES
9262	9262	FOR CARE AND TREATMENT
9263	9263	Sec. 1085.111. PAYMENT FOR TREATMENT; PROCEDURES
9264	9264	[Sections 1085.112-1085.150 reserved for expansion]
9265	9265	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9266	9266	Sec. 1085.151. BUDGET
9267	9267	Sec. 1085.152. NOTICE; HEARING; APPROVAL OF BUDGET
9268	9268	Sec. 1085.153. AMENDMENTS TO BUDGET
9269	9269	Sec. 1085.154. RESTRICTION ON EXPENDITURES
9270	9270	Sec. 1085.155. FISCAL YEAR
9271	9271	Sec. 1085.156. AUDIT
9272	9272	Sec. 1085.157. FINANCIAL REPORT
9273	9273	Sec. 1085.158. DEPOSITORY
9274	9274	Sec. 1085.159. AUTHORITY TO BORROW MONEY
9275	9275	[Sections 1085.160-1085.200 reserved for expansion]
9276	9276	SUBCHAPTER E. BONDS
9277	9277	Sec. 1085.201. GENERAL OBLIGATION BONDS
9278	9278	Sec. 1085.202. TAX TO PAY GENERAL OBLIGATION BONDS
9279	9279	Sec. 1085.203. GENERAL OBLIGATION BOND ELECTION
9280	9280	Sec. 1085.204. EXECUTION OF GENERAL OBLIGATION BONDS
9281	9281	Sec. 1085.205. REFUNDING BONDS
9282	9282	Sec. 1085.206. BONDS EXEMPT FROM TAXATION
9283	9283	[Sections 1085.207-1085.250 reserved for expansion]
9284	9284	SUBCHAPTER F. GENERAL TAX PROVISIONS
9285	9285	Sec. 1085.251. IMPOSITION OF AD VALOREM TAX
9286	9286	Sec. 1085.252. TAX RATE
9287	9287	Sec. 1085.253. ELECTION TO INCREASE MAXIMUM TAX RATE
9288	9288	Sec. 1085.254. TAX ASSESSOR-COLLECTOR
9289	9289	[Sections 1085.255-1085.300 reserved for expansion]
9290	9290	SUBCHAPTER G. SALES AND USE TAX
9291	9291	Sec. 1085.301. DEFINITION: TAXABLE ITEM
9292	9292	Sec. 1085.302. SALES AND USE TAX AUTHORIZED
9293	9293	Sec. 1085.303. SALES TAX
9294	9294	Sec. 1085.304. USE TAX
9295	9295	Sec. 1085.305. CONSIDERATION OF TAX RATE
9296	9296	Sec. 1085.306. APPLICABILITY OF TAX CODE
9297	9297	Sec. 1085.307. REPEAL OF TAX
9298	9298	CHAPTER 1085. PARKER COUNTY HOSPITAL DISTRICT
9299	9299	SUBCHAPTER A. GENERAL PROVISIONS
9300	9300	Sec. 1085.001. DEFINITIONS. In this chapter:
9301	9301	(1) "Board" means the board of directors of the
9302	9302	district.
9303	9303	(2) "Director" means a member of the board.
9304	9304	(3) "District" means the Parker County Hospital
9305	9305	District. (New.)
9306	9306	Sec. 1085.002. AUTHORITY FOR CREATION. The Parker County
9307	9307	Hospital District is created under the authority of Section 9,
9308	9308	Article IX, Texas Constitution, and has the rights, powers, and
9309	9309	duties prescribed by this chapter. (Acts 59th Leg., R.S., Ch. 35,
9310	9310	Sec. 1 (part).)
9311	9311	Sec. 1085.003. ESSENTIAL PUBLIC FUNCTION. The district
9312	9312	performs an essential public function in carrying out the purposes
9313	9313	of this chapter. (Acts 59th Leg., R.S., Ch. 35, Sec. 10 (part).)
9314	9314	Sec. 1085.004. DISTRICT TERRITORY. The boundaries of the
9315	9315	district are coextensive with the boundaries of Parker County,
9316	9316	Texas. (Acts 59th Leg., R.S., Ch. 35, Sec. 1 (part).)
9317	9317	Sec. 1085.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
9318	9318	OBLIGATION. The support and maintenance of the district may not
9319	9319	become a charge against or obligation of this state. (Acts 59th
9320	9320	Leg., R.S., Ch. 35, Sec. 21 (part).)
9321	9321	Sec. 1085.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
9322	9322	The legislature may not make a direct appropriation for the
9323	9323	construction, maintenance, or improvement of a district facility.
9324	9324	(Acts 59th Leg., R.S., Ch. 35, Sec. 21 (part).)
9325	9325	[Sections 1085.007-1085.050 reserved for expansion]
9326	9326	SUBCHAPTER B. DISTRICT ADMINISTRATION
9327	9327	Sec. 1085.051. BOARD ELECTION; TERM. (a) The board
9328	9328	consists of seven directors elected as follows:
9329	9329	(1) one director elected from each commissioners
9330	9330	precinct of Parker County; and
9331	9331	(2) three directors elected from the district at
9332	9332	large.
9333	9333	(b) The board shall declare the results of the election.
9334	9334	(c) Directors serve staggered two-year terms unless
9335	9335	four-year terms are established under Section 285.081, Health and
9336	9336	Safety Code. (Acts 59th Leg., R.S., Ch. 35, Secs. 4A(a), (b)
9337	9337	(part), 4B(b), (d).)
9338	9338	Sec. 1085.052. NOTICE OF ELECTION. At least 60 days before
9339	9339	the date of an election of directors, the board shall publish notice
9340	9340	of the election one time in a newspaper of general circulation in
9341	9341	the district. The notice must state the purpose of the election and
9342	9342	the election date. (Acts 59th Leg., R.S., Ch. 35, Secs. 4A(b)
9343	9343	(part), 4B(b).)
9344	9344	Sec. 1085.053. BALLOT PETITION. A person who wants to have
9345	9345	the person's name printed on the ballot as a candidate for director
9346	9346	must file with the board secretary a petition requesting that
9347	9347	action. The petition must:
9348	9348	(1) be signed by at least 10 registered voters who
9349	9349	reside in the district;
9350	9350	(2) be filed at least 31 days before the date of the
9351	9351	election; and
9352	9352	(3) specify the county commissioners precinct the
9353	9353	candidate wants to represent or specify that the candidate wants to
9354	9354	represent the district at large. (Acts 59th Leg., R.S., Ch. 35,
9355	9355	Secs. 4A(c) (part), 4B(c).)
9356	9356	Sec. 1085.054. BOARD VACANCY. If a vacancy occurs in the
9357	9357	office of director, the remaining directors shall appoint a
9358	9358	director for the unexpired term. (Acts 59th Leg., R.S., Ch. 35,
9359	9359	Sec. 4A(h).)
9360	9360	Sec. 1085.055. OFFICERS. (a) The board shall elect a
9361	9361	president, vice president, and secretary from among its members.
9362	9362	(b) Each officer of the board serves for a term of one year.
9363	9363	(Acts 59th Leg., R.S., Ch. 35, Sec. 4A(g).)
9364	9364	Sec. 1085.056. DISTRICT ADMINISTRATOR; ASSISTANT
9365	9365	ADMINISTRATOR. (a) The board may appoint and employ a qualified
9366	9366	person as district administrator.
9367	9367	(b) The board may appoint and employ an assistant
9368	9368	administrator.
9369	9369	(c) The district administrator and any assistant
9370	9370	administrator serve at the will of the board and are entitled to the
9371	9371	compensation determined by the board.
9372	9372	(d) On assuming the duties of district administrator, the
9373	9373	administrator shall execute a bond payable to the district in an
9374	9374	amount set by the board of not less than $5,000 that:
9375	9375	(1) is conditioned on the administrator performing the
9376	9376	administrator's duties; and
9377	9377	(2) contains any other condition the board may
9378	9378	require. (Acts 59th Leg., R.S., Ch. 35, Sec. 5 (part).)
9379	9379	Sec. 1085.057. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
9380	9380	Subject to the limitations prescribed by the board, the district
9381	9381	administrator shall:
9382	9382	(1) supervise the work and activities of the district;
9383	9383	and
9384	9384	(2) direct the affairs of the district. (Acts 59th
9385	9385	Leg., R.S., Ch. 35, Sec. 5 (part).)
9386	9386	Sec. 1085.058. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
9387	9387	board may appoint to the staff any physicians and employ any
9388	9388	technicians, nurses, and other employees the board considers
9389	9389	necessary for the efficient operation of the district.
9390	9390	(b) The board may provide that the district administrator
9391	9391	has the authority to hire district employees, including technicians
9392	9392	and nurses. (Acts 59th Leg., R.S., Ch. 35, Sec. 5 (part).)
9393	9393	Sec. 1085.059. RETIREMENT PROGRAM. The board may enter
9394	9394	into a contract or agreement with this state or the federal
9395	9395	government as required to establish or continue a retirement
9396	9396	program for the benefit of the district's employees. (Acts 59th
9397	9397	Leg., R.S., Ch. 35, Sec. 5 (part).)
9398	9398	Sec. 1085.060. LEGAL COUNSEL. (a) The appropriate county,
9399	9399	district, or criminal district attorney charged with representing
9400	9400	Parker County in civil matters shall represent the district in all
9401	9401	legal matters.
9402	9402	(b) The district shall contribute sufficient money to the
9403	9403	Parker County general fund for the account designated for the
9404	9404	appropriate attorney described in Subsection (a) to pay all
9405	9405	additional salaries and expenses incurred by the attorney in
9406	9406	performing the duties required by the district.
9407	9407	(c) The board may employ additional legal counsel the board
9408	9408	considers advisable. (Acts 59th Leg., R.S., Ch. 35, Sec. 17.)
9409	9409	[Sections 1085.061-1085.100 reserved for expansion]
9410	9410	SUBCHAPTER C. POWERS AND DUTIES
9411	9411	Sec. 1085.101. DISTRICT RESPONSIBILITY. The district has
9412	9412	full responsibility for:
9413	9413	(1) operating all hospital facilities for providing
9414	9414	medical and hospital care of indigent persons in the district; and
9415	9415	(2) providing medical and hospital care for the
9416	9416	district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 35, Secs.
9417	9417	2 (part), 20 (part).)
9418	9418	Sec. 1085.102. RESTRICTION ON POLITICAL SUBDIVISION
9419	9419	TAXATION AND DEBT. Parker County or a municipality in Parker County
9420	9420	may not impose a tax or issue bonds or other obligations for
9421	9421	hospital purposes or for medical treatment of indigent persons in
9422	9422	the district. (Acts 59th Leg., R.S., Ch. 35, Sec. 20 (part).)
9423	9423	Sec. 1085.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
9424	9424	The board shall manage, control, and administer the district's
9425	9425	hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 35, Sec.
9426	9426	5 (part).)
9427	9427	Sec. 1085.104. HOSPITAL SYSTEM. The district shall provide
9428	9428	for:
9429	9429	(1) the establishment of a hospital system by:
9430	9430	(A) purchasing, constructing, acquiring,
9431	9431	repairing, or renovating buildings and equipment; and
9432	9432	(B) equipping the buildings; and
9433	9433	(2) the administration of the hospital system for
9434	9434	hospital purposes. (Acts 59th Leg., R.S., Ch. 35, Sec. 2 (part).)
9435	9435	Sec. 1085.105. RULES. The board may adopt rules as required
9436	9436	to administer this chapter. (Acts 59th Leg., R.S., Ch. 35, Sec. 11
9437	9437	(part).)
9438	9438	Sec. 1085.106. PURCHASING AND ACCOUNTING PROCEDURES. The
9439	9439	board may prescribe:
9440	9440	(1) the method and manner of making purchases and
9441	9441	expenditures by and for the district; and
9442	9442	(2) all accounting and control procedures. (Acts 59th
9443	9443	Leg., R.S., Ch. 35, Sec. 11 (part).)
9444	9444	Sec. 1085.107. DISTRICT PROPERTY, FACILITIES, AND
9445	9445	EQUIPMENT. (a) The board shall determine the type, number, and
9446	9446	location of buildings required to maintain an adequate hospital
9447	9447	system.
9448	9448	(b) The board may construct, purchase, acquire, lease, add
9449	9449	to, maintain, operate, develop, regulate, sell, and convey all
9450	9450	land, property, property rights, equipment, hospital facilities,
9451	9451	and systems for the maintenance of hospitals, buildings, clinics,
9452	9452	structures, and any other facilities. (Acts 59th Leg., R.S., Ch.
9453	9453	35, Secs. 5 (part), 9.)
9454	9454	Sec. 1085.108. EMINENT DOMAIN. (a) The district may:
9455	9455	(1) condemn and purchase all land, property, property
9456	9456	rights, equipment, hospital facilities, and systems for the
9457	9457	maintenance of hospitals, buildings, clinics, structures, and any
9458	9458	other facilities; and
9459	9459	(2) exercise the power of eminent domain to effect a
9460	9460	purpose described by Subdivision (1), or for acquiring or damaging
9461	9461	any land or property, including any kind of property appurtenant to
9462	9462	that land or property.
9463	9463	(b) The board must institute and exercise the power of
9464	9464	eminent domain under a resolution adopted by the board and in the
9465	9465	manner and by the procedure provided by Chapter 21, Property Code.
9466	9466	(Acts 59th Leg., R.S., Ch. 35, Sec. 5 (part).)
9467	9467	Sec. 1085.109. GIFTS AND ENDOWMENTS. The board may accept
9468	9468	for the district a gift or endowment to be held in trust and
9469	9469	administered by the board for the purposes and under the
9470	9470	directions, limitations, or other provisions prescribed in writing
9471	9471	by the donor that are not inconsistent with the proper management
9472	9472	and objectives of the district. (Acts 59th Leg., R.S., Ch. 35, Sec.
9473	9473	19.)
9474	9474	Sec. 1085.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
9475	9475	CARE AND TREATMENT. (a) The board may contract with a county or a
9476	9476	municipality located outside the district's boundaries for the care
9477	9477	and treatment of a sick or injured person of that county or
9478	9478	municipality.
9479	9479	(b) The board may contract with this state or a federal
9480	9480	agency for the treatment of a sick or injured person for whom this
9481	9481	state or the federal government is responsible. (Acts 59th Leg.,
9482	9482	R.S., Ch. 35, Sec. 5 (part).)
9483	9483	Sec. 1085.111. PAYMENT FOR TREATMENT; PROCEDURES. (a)
9484	9484	When a patient who resides in the district is admitted to a district
9485	9485	facility, the district administrator shall have an inquiry made
9486	9486	into the circumstances of:
9487	9487	(1) the patient; and
9488	9488	(2) the patient's relatives who are legally liable for
9489	9489	the patient's support.
9490	9490	(b) If the district administrator determines that the
9491	9491	patient or those relatives cannot pay all or part of the costs of
9492	9492	the care and treatment in the hospital, the amount of the costs that
9493	9493	cannot be paid becomes a charge against the district.
9494	9494	(c) If the district administrator determines that the
9495	9495	patient or those relatives can pay for all or part of the costs of
9496	9496	the patient's care and treatment, the patient or those relatives
9497	9497	shall be ordered to pay the district a specified amount each week
9498	9498	for the patient's support. The amount ordered must be
9499	9499	proportionate to the person's financial ability and may not exceed
9500	9500	the actual per capita cost of maintenance.
9501	9501	(d) The district administrator may collect the amount from
9502	9502	the estate of the patient, or from any relative who is legally
9503	9503	liable for the patient's support, in the manner provided by law for
9504	9504	the collection of expenses of the last illness of a deceased person.
9505	9505	(e) If there is a dispute as to the ability to pay, or doubt
9506	9506	in the mind of the district administrator, the board shall hold a
9507	9507	hearing and, after calling witnesses, shall:
9508	9508	(1) resolve the dispute or doubt; and
9509	9509	(2) issue any appropriate orders.
9510	9510	(f) A final order of the board may be appealed to the
9511	9511	district court. The substantial evidence rule applies to the
9512	9512	appeal. (Acts 59th Leg., R.S., Ch. 35, Sec. 18.)
9513	9513	[Sections 1085.112-1085.150 reserved for expansion]
9514	9514	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9515	9515	Sec. 1085.151. BUDGET. The district administrator shall
9516	9516	prepare an annual budget for approval by the board. (Acts 59th
9517	9517	Leg., R.S., Ch. 35, Sec. 6 (part).)
9518	9518	Sec. 1085.152. NOTICE; HEARING; APPROVAL OF BUDGET. (a)
9519	9519	The board shall hold a public hearing on the proposed annual budget.
9520	9520	(b) Notice of the hearing must be published one time at
9521	9521	least 10 days before the date of the hearing.
9522	9522	(c) The board must approve the annual budget. (Acts 59th
9523	9523	Leg., R.S., Ch. 35, Sec. 6 (part).)
9524	9524	Sec. 1085.153. AMENDMENTS TO BUDGET. The budget may be
9525	9525	amended as required by circumstances. The board must approve all
9526	9526	amendments. (Acts 59th Leg., R.S., Ch. 35, Sec. 6 (part).)
9527	9527	Sec. 1085.154. RESTRICTION ON EXPENDITURES. Money may be
9528	9528	spent only for an expense included in the budget or an amendment to
9529	9529	the budget. (Acts 59th Leg., R.S., Ch. 35, Sec. 6 (part).)
9530	9530	Sec. 1085.155. FISCAL YEAR. The district operates
9531	9531	according to a fiscal year that begins on October 1 and ends on
9532	9532	September 30. (Acts 59th Leg., R.S., Ch. 35, Sec. 6 (part).)
9533	9533	Sec. 1085.156. AUDIT. (a) The district shall have an audit
9534	9534	made of the district's financial condition.
9535	9535	(b) The audit shall be open to inspection at all times at the
9536	9536	district's principal office. (Acts 59th Leg., R.S., Ch. 35, Sec. 6
9537	9537	(part).)
9538	9538	Sec. 1085.157. FINANCIAL REPORT. As soon as practicable
9539	9539	after the close of each fiscal year, the district administrator
9540	9540	shall prepare for the board:
9541	9541	(1) a complete sworn statement of all district money;
9542	9542	and
9543	9543	(2) a complete account of the disbursements of that
9544	9544	money. (Acts 59th Leg., R.S., Ch. 35, Sec. 6 (part).)
9545	9545	Sec. 1085.158. DEPOSITORY. (a) The board shall select one
9546	9546	or more financial institutions to serve as a depository for
9547	9547	district money.
9548	9548	(b) District money shall be immediately deposited on
9549	9549	receipt with a depository institution, except that sufficient money
9550	9550	must be remitted to the institution designated for the payment of
9551	9551	principal of and interest on the district's outstanding bonds or
9552	9552	other obligations assumed by the district in time for the
9553	9553	institution to make that payment on or before the maturity date of
9554	9554	the principal and interest.
9555	9555	(c) To the extent that money in a depository institution is
9556	9556	not insured by the Federal Deposit Insurance Corporation, the money
9557	9557	must be secured in the manner provided by law for the security of
9558	9558	county funds.
9559	9559	(d) Membership on the district's board of an officer or
9560	9560	director of a financial institution does not disqualify the
9561	9561	institution from being designated as a depository. (Acts 59th
9562	9562	Leg., R.S., Ch. 35, Sec. 12.)
9563	9563	Sec. 1085.159. AUTHORITY TO BORROW MONEY. The board may
9564	9564	contract indebtedness or borrow money for district purposes on the
9565	9565	credit of the district or secured by revenues of district hospitals
9566	9566	and the hospital system. (Acts 59th Leg., R.S., Ch. 35, Sec. 5
9567	9567	(part).)
9568	9568	[Sections 1085.160-1085.200 reserved for expansion]
9569	9569	SUBCHAPTER E. BONDS
9570	9570	Sec. 1085.201. GENERAL OBLIGATION BONDS. The board may
9571	9571	issue and sell general obligation bonds in the name and on the faith
9572	9572	and credit of the district for any purpose related to the purchase,
9573	9573	construction, acquisition, repair, or renovation of improvements
9574	9574	and equipping improvements for hospitals and the hospital system,
9575	9575	as determined by the board. (Acts 59th Leg., R.S., Ch. 35, Secs. 5
9576	9576	(part), 7 (part).)
9577	9577	Sec. 1085.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
9578	9578	the time general obligation bonds are issued under Section
9579	9579	1085.201, the board shall impose an ad valorem tax at a rate
9580	9580	sufficient to create an interest and sinking fund and to pay the
9581	9581	principal of and interest on the bonds as the bonds mature.
9582	9582	(b) The tax required by this section together with any other
9583	9583	ad valorem tax the district imposes may not in any year exceed the
9584	9584	lesser of:
9585	9585	(1) the maximum tax rate approved by district voters;
9586	9586	or
9587	9587	(2) 75 cents on each $100 valuation of all taxable
9588	9588	property in the district. (Acts 59th Leg., R.S., Ch. 35, Sec. 7
9589	9589	(part).)
9590	9590	Sec. 1085.203. GENERAL OBLIGATION BOND ELECTION. (a) The
9591	9591	board may issue general obligation bonds only if the bonds are
9592	9592	authorized by a majority of the district voters voting at an
9593	9593	election held for that purpose.
9594	9594	(b) The board shall call the election. The election must be
9595	9595	held in accordance with Chapter 1251, Government Code.
9596	9596	(c) The bond election order must specify:
9597	9597	(1) the date of the election;
9598	9598	(2) the location of the polling places;
9599	9599	(3) the presiding election officers;
9600	9600	(4) the amount of the bonds to be authorized;
9601	9601	(5) the maximum interest rate of the bonds; and
9602	9602	(6) the maximum maturity of the bonds. (Acts 59th
9603	9603	Leg., R.S., Ch. 35, Sec. 7 (part).)
9604	9604	Sec. 1085.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
9605	9605	board president shall execute the general obligation bonds in the
9606	9606	district's name and the board secretary shall attest the bonds as
9607	9607	provided by Chapter 618, Government Code. (Acts 59th Leg., R.S.,
9608	9608	Ch. 35, Sec. 7 (part).)
9609	9609	Sec. 1085.205. REFUNDING BONDS. (a) The board may, without
9610	9610	an election, issue refunding bonds to refund any bonds issued or
9611	9611	assumed by the district.
9612	9612	(b) A refunding bond may be:
9613	9613	(1) sold, with the proceeds of the refunding bond
9614	9614	applied to the payment of outstanding bonds; or
9615	9615	(2) exchanged wholly or partly for not less than a
9616	9616	similar principal amount of the outstanding bonds. (Acts 59th
9617	9617	Leg., R.S., Ch. 35, Sec. 7 (part).)
9618	9618	Sec. 1085.206. BONDS EXEMPT FROM TAXATION. The following
9619	9619	are exempt from taxation by this state or a political subdivision of
9620	9620	this state:
9621	9621	(1) bonds issued by the district;
9622	9622	(2) the transfer and issuance of the bonds; and
9623	9623	(3) profits made in the sale of the bonds. (Acts 59th
9624	9624	Leg., R.S., Ch. 35, Sec. 10 (part).)
9625	9625	[Sections 1085.207-1085.250 reserved for expansion]
9626	9626	SUBCHAPTER F. GENERAL TAX PROVISIONS
9627	9627	Sec. 1085.251. IMPOSITION OF AD VALOREM TAX. (a) The board
9628	9628	shall impose a tax on all property in the district subject to
9629	9629	district taxation.
9630	9630	(b) The board shall impose the tax to pay:
9631	9631	(1) indebtedness issued or assumed by the district;
9632	9632	and
9633	9633	(2) the maintenance and operating expenses of the
9634	9634	district. (Acts 59th Leg., R.S., Ch. 35, Secs. 13 (part), 16
9635	9635	(part).)
9636	9636	Sec. 1085.252. TAX RATE. (a) The board may impose the tax
9637	9637	at a rate not to exceed the lesser of:
9638	9638	(1) the maximum tax rate approved by district voters;
9639	9639	or
9640	9640	(2) 75 cents on each $100 valuation of all taxable
9641	9641	property in the district.
9642	9642	(b) In setting the tax rate, the board shall consider the
9643	9643	income of the district from sources other than taxation. (Acts 59th
9644	9644	Leg., R.S., Ch. 35, Secs. 3 (part), 13 (part).)
9645	9645	Sec. 1085.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a)
9646	9646	The board may order an election to increase the district's maximum
9647	9647	tax rate to a rate not to exceed 75 cents on each $100 valuation of
9648	9648	taxable property in the district.
9649	9649	(b) The maximum tax rate may not be increased unless the
9650	9650	increase is approved by a majority of the district voters voting in
9651	9651	an election held for that purpose.
9652	9652	(c) An election held under this section must be ordered and
9653	9653	notice must be given in the manner provided for a bond election
9654	9654	under Subchapter E. (Acts 59th Leg., R.S., Ch. 35, Sec. 3 (part).)
9655	9655	Sec. 1085.254. TAX ASSESSOR-COLLECTOR. The tax
9656	9656	assessor-collector of Parker County shall assess and collect taxes
9657	9657	imposed by the district. (Acts 59th Leg., R.S., Ch. 35, Sec. 16
9658	9658	(part).)
9659	9659	[Sections 1085.255-1085.300 reserved for expansion]
9660	9660	SUBCHAPTER G. SALES AND USE TAX
9661	9661	Sec. 1085.301. DEFINITION: TAXABLE ITEM. (a) In this
9662	9662	subchapter, "taxable item" includes only an item that is subject to
9663	9663	a sales and use tax that might also be imposed by Parker County in
9664	9664	the district. The term does not include an item that is not subject
9665	9665	to a sales and use tax imposed by Parker County in the district.
9666	9666	(b) A change in the taxable status of an item for purposes of
9667	9667	a sales and use tax imposed by Parker County results in the same
9668	9668	change in the taxable status of the item for purposes of the tax
9669	9669	imposed by the district. (Acts 59th Leg., R.S., Ch. 35, Sec. 13A(b)
9670	9670	(part).)
9671	9671	Sec. 1085.302. SALES AND USE TAX AUTHORIZED. The district
9672	9672	may adopt a sales and use tax for the benefit of the district if the
9673	9673	tax is approved by a majority of the voters of the district voting
9674	9674	at an election held for that purpose. (Acts 59th Leg., R.S., Ch.
9675	9675	35, Sec. 13A(a) (part).)
9676	9676	Sec. 1085.303. SALES TAX. (a) If the district adopts the
9677	9677	tax under Section 1085.302, a tax is imposed on the receipts from
9678	9678	the sale at retail of taxable items in the district.
9679	9679	(b) The rate of the tax imposed under Subsection (a) is
9680	9680	one-half of one percent. (Acts 59th Leg., R.S., Ch. 35, Sec. 13A(b)
9681	9681	(part).)
9682	9682	Sec. 1085.304. USE TAX. (a) If the district adopts the tax
9683	9683	under Section 1085.302, an excise tax is imposed on the use,
9684	9684	storage, or other consumption in the district of taxable items
9685	9685	purchased, leased, or rented from a retailer during the period that
9686	9686	the tax is effective in the district.
9687	9687	(b) The rate of the excise tax is the same as the rate of the
9688	9688	sales tax portion of the sales and use tax and is applied to the
9689	9689	sales price of the taxable items. (Acts 59th Leg., R.S., Ch. 35,
9690	9690	Sec. 13A(b) (part).)
9691	9691	Sec. 1085.305. CONSIDERATION OF TAX RATE. The rate of the
9692	9692	sales and use tax imposed by the district under this subchapter is
9693	9693	not counted in determining the limitation prescribed by law on
9694	9694	local sales and use taxes imposed by a municipality or county in the
9695	9695	district. (Acts 59th Leg., R.S., Ch. 35, Sec. 13A(a) (part).)
9696	9696	Sec. 1085.306. APPLICABILITY OF TAX CODE. (a) Except as
9697	9697	provided by Subsection (b) and Section 1085.307, Chapter 323, Tax
9698	9698	Code, governs:
9699	9699	(1) an election to approve the adoption of the sales
9700	9700	and use tax under this subchapter; and
9701	9701	(2) the imposition, computation, administration,
9702	9702	governance, use, and repeal of the tax.
9703	9703	(b) The following sections of the Tax Code do not apply to
9704	9704	the sales and use tax under this subchapter:
9705	9705	(1) Sections 323.101(d) and (e); and
9706	9706	(2) Section 323.209.
9707	9707	(c) In determining procedures under Chapter 323, Tax Code:
9708	9708	(1) a reference in that chapter to "the county" means
9709	9709	the district; and
9710	9710	(2) a reference to the "commissioners court" means the
9711	9711	board. (Acts 59th Leg., R.S., Ch. 35, Sec. 13A(c).)
9712	9712	Sec. 1085.307. REPEAL OF TAX. (a) If the district adopts
9713	9713	the tax under Section 1085.302, the county clerk of Parker County
9714	9714	shall place on the ballot a proposition on the question of repealing
9715	9715	the tax if the county clerk receives a petition requesting the
9716	9716	repeal that is signed by a number of registered voters of the
9717	9717	district equal to at least 10 percent of the total number of votes
9718	9718	cast in the most recent election at which the adoption of the tax
9719	9719	was approved.
9720	9720	(b) The county clerk shall place the proposition on the
9721	9721	ballot at the first November uniform election date that occurs at
9722	9722	least 121 days after the date the county clerk receives the
9723	9723	petition.
9724	9724	(c) If a majority of the voters voting in the election to
9725	9725	repeal the tax approve the repeal, the repeal of the tax takes
9726	9726	effect on the January 1 following the election. (Acts 59th Leg.,
9727	9727	R.S., Ch. 35, Sec. 13A(d).)
9728	9728	CHAPTER 1088. REAGAN HOSPITAL DISTRICT OF REAGAN
9729	9729	COUNTY, TEXAS
9730	9730	SUBCHAPTER A. GENERAL PROVISIONS
9731	9731	Sec. 1088.001. DEFINITIONS
9732	9732	Sec. 1088.002. AUTHORITY FOR CREATION
9733	9733	Sec. 1088.003. ESSENTIAL PUBLIC FUNCTION
9734	9734	Sec. 1088.004. DISTRICT TERRITORY
9735	9735	Sec. 1088.005. CORRECTION OF INVALID PROCEDURES
9736	9736	Sec. 1088.006. DISTRICT SUPPORT AND MAINTENANCE NOT
9737	9737	STATE OBLIGATION
9738	9738	Sec. 1088.007. RESTRICTION ON STATE FINANCIAL
9739	9739	ASSISTANCE
9740	9740	[Sections 1088.008-1088.050 reserved for expansion]
9741	9741	SUBCHAPTER B. DISTRICT ADMINISTRATION
9742	9742	Sec. 1088.051. BOARD ELECTION; TERMS
9743	9743	Sec. 1088.052. NOTICE OF ELECTION
9744	9744	Sec. 1088.053. QUALIFICATIONS FOR OFFICE
9745	9745	Sec. 1088.054. BOARD VACANCY
9746	9746	Sec. 1088.055. OFFICERS
9747	9747	Sec. 1088.056. VOTING REQUIREMENT
9748	9748	Sec. 1088.057. DIRECTOR PARTICIPATION IN GROUP HEALTH
9749	9749	INSURANCE
9750	9750	Sec. 1088.058. DISTRICT ADMINISTRATOR; ASSISTANT
9751	9751	DISTRICT ADMINISTRATORS
9752	9752	Sec. 1088.059. GENERAL DUTIES OF DISTRICT
9753	9753	ADMINISTRATOR
9754	9754	Sec. 1088.060. APPOINTMENT AND DISMISSAL OF STAFF AND
9755	9755	EMPLOYEES; CONTRACT WITH DOCTORS
9756	9756	Sec. 1088.061. RECRUITMENT OF MEDICAL STAFF AND
9757	9757	EMPLOYEES
9758	9758	Sec. 1088.062. EDUCATIONAL PROGRAMS; COURSES
9759	9759	Sec. 1088.063. SENIORITY; RETIREMENT BENEFITS
9760	9760	[Sections 1088.064-1088.100 reserved for expansion]
9761	9761	SUBCHAPTER C. POWERS AND DUTIES
9762	9762	Sec. 1088.101. DISTRICT RESPONSIBILITY
9763	9763	Sec. 1088.102. RESTRICTION ON POLITICAL SUBDIVISION
9764	9764	TAXATION AND DEBT
9765	9765	Sec. 1088.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
9766	9766	Sec. 1088.104. HOSPITAL SYSTEM
9767	9767	Sec. 1088.105. RULES
9768	9768	Sec. 1088.106. PURCHASING AND ACCOUNTING PROCEDURES
9769	9769	Sec. 1088.107. DISTRICT PROPERTY, FACILITIES, AND
9770	9770	EQUIPMENT
9771	9771	Sec. 1088.108. EMINENT DOMAIN
9772	9772	Sec. 1088.109. COST OF RELOCATING OR ALTERING PROPERTY
9773	9773	Sec. 1088.110. GIFTS AND ENDOWMENTS
9774	9774	Sec. 1088.111. CONSTRUCTION CONTRACTS
9775	9775	Sec. 1088.112. OPERATING AND MANAGEMENT CONTRACTS
9776	9776	Sec. 1088.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
9777	9777	FOR HOSPITAL TREATMENT
9778	9778	Sec. 1088.114. CONTRACTS WITH GOVERNMENTAL ENTITIES
9779	9779	FOR INVESTIGATORY OR OTHER SERVICES
9780	9780	Sec. 1088.115. PAYMENT FOR TREATMENT; PROCEDURES
9781	9781	Sec. 1088.116. NONPROFIT CORPORATION
9782	9782	Sec. 1088.117. AUTHORITY TO SUE AND BE SUED
9783	9783	[Sections 1088.118-1088.150 reserved for expansion]
9784	9784	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9785	9785	Sec. 1088.151. BUDGET
9786	9786	Sec. 1088.152. NOTICE; HEARING; ADOPTION OF BUDGET
9787	9787	Sec. 1088.153. AMENDMENTS TO BUDGET
9788	9788	Sec. 1088.154. RESTRICTION ON EXPENDITURES
9789	9789	Sec. 1088.155. FISCAL YEAR
9790	9790	Sec. 1088.156. ANNUAL AUDIT
9791	9791	Sec. 1088.157. INSPECTION OF AUDIT AND DISTRICT
9792	9792	RECORDS
9793	9793	Sec. 1088.158. FINANCIAL REPORT
9794	9794	Sec. 1088.159. DEPOSITORY
9795	9795	Sec. 1088.160. SPENDING AND INVESTMENT RESTRICTIONS
9796	9796	[Sections 1088.161-1088.200 reserved for expansion]
9797	9797	SUBCHAPTER E. BONDS
9798	9798	Sec. 1088.201. GENERAL OBLIGATION BONDS
9799	9799	Sec. 1088.202. TAX TO PAY GENERAL OBLIGATION BONDS
9800	9800	Sec. 1088.203. GENERAL OBLIGATION BOND ELECTION
9801	9801	Sec. 1088.204. MATURITY OF GENERAL OBLIGATION BONDS
9802	9802	Sec. 1088.205. EXECUTION OF GENERAL OBLIGATION BONDS
9803	9803	Sec. 1088.206. REVENUE BONDS
9804	9804	Sec. 1088.207. BONDS EXEMPT FROM TAXATION
9805	9805	[Sections 1088.208-1088.250 reserved for expansion]
9806	9806	SUBCHAPTER F. TAXES
9807	9807	Sec. 1088.251. IMPOSITION OF AD VALOREM TAX
9808	9808	Sec. 1088.252. TAX RATE
9809	9809	Sec. 1088.253. TAX ASSESSOR-COLLECTOR
9810	9810	[Sections 1088.254-1088.300 reserved for expansion]
9811	9811	SUBCHAPTER G. DISSOLUTION
9812	9812	Sec. 1088.301. DISSOLUTION; ELECTION
9813	9813	Sec. 1088.302. NOTICE OF ELECTION
9814	9814	Sec. 1088.303. BALLOT
9815	9815	Sec. 1088.304. ELECTION RESULTS
9816	9816	Sec. 1088.305. TRANSFER, SALE, OR ADMINISTRATION OF
9817	9817	ASSETS
9818	9818	Sec. 1088.306. SALE OR TRANSFER OF ASSETS AND
9819	9819	LIABILITIES
9820	9820	Sec. 1088.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
9821	9821	TAXES
9822	9822	Sec. 1088.308. REPORT; DISSOLUTION ORDER
9823	9823	CHAPTER 1088. REAGAN HOSPITAL DISTRICT OF REAGAN
9824	9824	COUNTY, TEXAS
9825	9825	SUBCHAPTER A. GENERAL PROVISIONS
9826	9826	Sec. 1088.001. DEFINITIONS. In this chapter:
9827	9827	(1) "Board" means the board of directors of the
9828	9828	district.
9829	9829	(2) "Director" means a member of the board.
9830	9830	(3) "District" means the Reagan Hospital District of
9831	9831	Reagan County, Texas. (New.)
9832	9832	Sec. 1088.002. AUTHORITY FOR CREATION. The Reagan Hospital
9833	9833	District of Reagan County, Texas, is created under the authority of
9834	9834	Section 9, Article IX, Texas Constitution. (Acts 65th Leg., R.S.,
9835	9835	Ch. 29, Sec. 1.)
9836	9836	Sec. 1088.003. ESSENTIAL PUBLIC FUNCTION. The district
9837	9837	performs an essential public function in carrying out the purposes
9838	9838	of this chapter. (Acts 65th Leg., R.S., Ch. 29, Sec. 22 (part).)
9839	9839	Sec. 1088.004. DISTRICT TERRITORY. The boundaries of the
9840	9840	district are coextensive with the boundaries of the Reagan County
9841	9841	Independent School District of Reagan County, as those boundaries
9842	9842	existed on March 24, 1977. (Acts 65th Leg., R.S., Ch. 29, Sec. 2.)
9843	9843	Sec. 1088.005. CORRECTION OF INVALID PROCEDURES. If a
9844	9844	court holds that any procedure under this chapter violates the
9845	9845	constitution of this state or of the United States, the district by
9846	9846	resolution may provide an alternative procedure that conforms with
9847	9847	the constitution. (Acts 65th Leg., R.S., Ch. 29, Sec. 23 (part).)
9848	9848	Sec. 1088.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
9849	9849	OBLIGATION. The support and maintenance of the district may not
9850	9850	become a charge against or obligation of this state. (Acts 65th
9851	9851	Leg., R.S., Ch. 29, Sec. 21 (part).)
9852	9852	Sec. 1088.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
9853	9853	The legislature may not make a direct appropriation for the
9854	9854	construction, maintenance, or improvement of a district facility.
9855	9855	(Acts 65th Leg., R.S., Ch. 29, Sec. 21 (part).)
9856	9856	[Sections 1088.008-1088.050 reserved for expansion]
9857	9857	SUBCHAPTER B. DISTRICT ADMINISTRATION
9858	9858	Sec. 1088.051. BOARD ELECTION; TERMS. (a) The board
9859	9859	consists of six directors elected as follows:
9860	9860	(1) one director elected from each commissioners
9861	9861	precinct of Reagan County; and
9862	9862	(2) two directors elected from the district at large.
9863	9863	(b) A redistricting or other change in the boundaries of the
9864	9864	commissioners precincts of Reagan County does not affect the
9865	9865	service or term of a director in office when the change occurs. The
9866	9866	change in the commissioners precincts applies to each election of
9867	9867	directors occurring after the change takes effect as the terms of
9868	9868	directors then in office expire.
9869	9869	(c) Directors serve staggered three-year terms.
9870	9870	(d) An election shall be held on the uniform election date
9871	9871	in May of each year to elect the appropriate number of directors.
9872	9872	(Acts 65th Leg., R.S., Ch. 29, Secs. 5(a) (part), (b), (e) (part).)
9873	9873	Sec. 1088.052. NOTICE OF ELECTION. Notice of an election of
9874	9874	directors shall be published one time in a newspaper of general
9875	9875	circulation in the district in accordance with Chapter 4, Election
9876	9876	Code. (Acts 65th Leg., R.S., Ch. 29, Sec. 5(e) (part).)
9877	9877	Sec. 1088.053. QUALIFICATIONS FOR OFFICE. (a) A person may
9878	9878	not be elected or appointed as a director unless the person is:
9879	9879	(1) a resident of the district; and
9880	9880	(2) a qualified voter.
9881	9881	(b) A director elected from a commissioners precinct is not
9882	9882	required to be a resident of that commissioners precinct. (Acts
9883	9883	65th Leg., R.S., Ch. 29, Secs. 5(a) (part), (c).)
9884	9884	Sec. 1088.054. BOARD VACANCY. (a) If a vacancy occurs in
9885	9885	the office of director, the remaining directors shall appoint a
9886	9886	director to hold office for the remainder of the unexpired term.
9887	9887	(b) If the number of directors is reduced to fewer than
9888	9888	five, the remaining directors shall immediately call a special
9889	9889	election to fill the vacancies. If the remaining directors do not
9890	9890	call the election, a district court, on application of a district
9891	9891	resident, shall order the election. (Acts 65th Leg., R.S., Ch. 29,
9892	9892	Sec. 5(d) (part).)
9893	9893	Sec. 1088.055. OFFICERS. (a) The board shall elect:
9894	9894	(1) a president and a vice president from among its
9895	9895	members; and
9896	9896	(2) a secretary, who need not be a director.
9897	9897	(b) Each officer of the board serves for a term of one year.
9898	9898	(c) The board by vote shall fill a vacancy in a board office
9899	9899	for the unexpired term. (Acts 65th Leg., R.S., Ch. 29, Sec. 5(d)
9900	9900	(part).)
9901	9901	Sec. 1088.056. VOTING REQUIREMENT. A concurrence of four
9902	9902	directors is sufficient in any matter relating to district
9903	9903	business. (Acts 65th Leg., R.S., Ch. 29, Sec. 5(d) (part).)
9904	9904	Sec. 1088.057. DIRECTOR PARTICIPATION IN GROUP HEALTH
9905	9905	INSURANCE. The directors may participate in any group health
9906	9906	insurance plan sponsored by the district for district employees.
9907	9907	(Acts 65th Leg., R.S., Ch. 29, Sec. 6(n).)
9908	9908	Sec. 1088.058. DISTRICT ADMINISTRATOR; ASSISTANT DISTRICT
9909	9909	ADMINISTRATORS. (a) The board may appoint a qualified person as
9910	9910	district administrator.
9911	9911	(b) The board may appoint assistant administrators.
9912	9912	(c) The district administrator and any assistant
9913	9913	administrator serve at the will of the board and are entitled to the
9914	9914	compensation determined by the board.
9915	9915	(d) On assuming the duties of district administrator, the
9916	9916	administrator shall execute a bond payable to the district in an
9917	9917	amount set by the board of not less than $5,000 that:
9918	9918	(1) is conditioned on the administrator performing the
9919	9919	administrator's duties; and
9920	9920	(2) contains other conditions the board may require.
9921	9921	(e) The board may pay for the bond with district money.
9922	9922	(Acts 65th Leg., R.S., Ch. 29, Sec. 6(d) (part).)
9923	9923	Sec. 1088.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
9924	9924	Subject to the limitations prescribed by the board, the district
9925	9925	administrator shall:
9926	9926	(1) supervise the work and activities of the district;
9927	9927	and
9928	9928	(2) direct the affairs of the district. (Acts 65th
9929	9929	Leg., R.S., Ch. 29, Sec. 6(d) (part).)
9930	9930	Sec. 1088.060. APPOINTMENT AND DISMISSAL OF STAFF AND
9931	9931	EMPLOYEES; CONTRACT WITH DOCTORS. (a) The board may appoint to or
9932	9932	dismiss from the staff or contract with any doctors the board
9933	9933	considers necessary for the efficient operation of the district and
9934	9934	may make temporary appointments as necessary.
9935	9935	(b) The district may employ fiscal agents, accountants,
9936	9936	architects, and attorneys the board considers proper.
9937	9937	(c) The board may delegate to the district administrator the
9938	9938	authority to hire district employees, including technicians and
9939	9939	nurses. (Acts 65th Leg., R.S., Ch. 29, Secs. 6(e), (f), 17.)
9940	9940	Sec. 1088.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
9941	9941	The board may spend district money, enter into agreements, and take
9942	9942	other necessary action to recruit physicians and other persons to
9943	9943	serve as medical staff members or district employees, including:
9944	9944	(1) advertising and marketing;
9945	9945	(2) paying travel, recruitment, and relocation
9946	9946	expenses;
9947	9947	(3) providing a loan or scholarship to a physician or a
9948	9948	person who:
9949	9949	(A) is currently enrolled in health care
9950	9950	education courses at an institution of higher education; and
9951	9951	(B) contractually agrees to become a district
9952	9952	employee or medical staff member; or
9953	9953	(4) paying the tuition or other expenses of a
9954	9954	full-time medical student or other student in a health occupation
9955	9955	who:
9956	9956	(A) is enrolled in and is in good standing at an
9957	9957	accredited medical school, college, or university; and
9958	9958	(B) contractually agrees to become a district
9959	9959	employee or independent contractor in return for that assistance.
9960	9960	(Acts 65th Leg., R.S., Ch. 29, Sec. 6(i).)
9961	9961	Sec. 1088.062. EDUCATIONAL PROGRAMS; COURSES. The board
9962	9962	may provide or contract for the provision of educational programs
9963	9963	or courses for district employees and medical staff. (Acts 65th
9964	9964	Leg., R.S., Ch. 29, Sec. 6(k).)
9965	9965	Sec. 1088.063. SENIORITY; RETIREMENT BENEFITS. (a) The
9966	9966	board may:
9967	9967	(1) adopt rules related to the seniority of district
9968	9968	employees; and
9969	9969	(2) establish or administer a retirement program or
9970	9970	elect to participate in any statewide retirement program in which
9971	9971	the district is eligible to participate.
9972	9972	(b) The district may give effect to previous years of
9973	9973	service for district employees continuously employed in the
9974	9974	operation or management of the hospital facilities acquired from
9975	9975	the county or a municipality when the district was created. (Acts
9976	9976	65th Leg., R.S., Ch. 29, Secs. 6(b), (c) (part).)
9977	9977	[Sections 1088.064-1088.100 reserved for expansion]
9978	9978	SUBCHAPTER C. POWERS AND DUTIES
9979	9979	Sec. 1088.101. DISTRICT RESPONSIBILITY. (a) The district
9980	9980	has full responsibility for providing hospital care for the
9981	9981	district's indigent residents.
9982	9982	(b) The district shall provide all necessary hospital and
9983	9983	medical care for the district's needy inhabitants. (Acts 65th
9984	9984	Leg., R.S., Ch. 29, Secs. 3(a) (part), 20 (part).)
9985	9985	Sec. 1088.102. RESTRICTION ON POLITICAL SUBDIVISION
9986	9986	TAXATION AND DEBT. A political subdivision of this state, other
9987	9987	than the district, may not impose a tax or issue bonds or other
9988	9988	obligations for hospital purposes or to provide hospital service or
9989	9989	medical care in the district. (Acts 65th Leg., R.S., Ch. 29, Secs.
9990	9990	3(a) (part), 20 (part).)
9991	9991	Sec. 1088.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
9992	9992	The board shall manage, control, and administer the hospital system
9993	9993	and the district's money and resources. (Acts 65th Leg., R.S., Ch.
9994	9994	29, Sec. 6(a) (part).)
9995	9995	Sec. 1088.104. HOSPITAL SYSTEM. (a) The district has the
9996	9996	responsibility to establish a hospital or hospital system within
9997	9997	its boundaries to provide hospital and medical care to the
9998	9998	district's residents.
9999	9999	(b) The district shall provide for:
10000	10000	(1) the establishment of a hospital system by:
10001	10001	(A) purchasing, constructing, acquiring,
10002	10002	repairing, or renovating buildings and equipment; and
10003	10003	(B) equipping the buildings; and
10004	10004	(2) the administration of the hospital system for
10005	10005	hospital purposes and medical purposes.
10006	10006	(c) The hospital system may include:
10007	10007	(1) facilities for domiciliary care of the sick,
10008	10008	injured, or geriatric;
10009	10009	(2) outpatient clinics;
10010	10010	(3) dispensaries;
10011	10011	(4) convalescent home facilities;
10012	10012	(5) necessary nurses;
10013	10013	(6) domiciliaries and training centers;
10014	10014	(7) blood banks;
10015	10015	(8) community mental health centers;
10016	10016	(9) research centers or laboratories; and
10017	10017	(10) any other facilities the board considers
10018	10018	necessary for medical and hospital care. (Acts 65th Leg., R.S., Ch.
10019	10019	29, Secs. 3(a) (part), (b) (part), 10 (part).)
10020	10020	Sec. 1088.105. RULES. The board may adopt rules governing
10021	10021	the operation of the hospital, the hospital system, and the
10022	10022	district's staff and employees. (Acts 65th Leg., R.S., Ch. 29, Sec.
10023	10023	6(c) (part).)
10024	10024	Sec. 1088.106. PURCHASING AND ACCOUNTING PROCEDURES. The
10025	10025	board may prescribe:
10026	10026	(1) the method and manner of making purchases and
10027	10027	expenditures by and for the district; and
10028	10028	(2) all accounting and control procedures. (Acts 65th
10029	10029	Leg., R.S., Ch. 29, Sec. 11 (part).)
10030	10030	Sec. 1088.107. DISTRICT PROPERTY, FACILITIES, AND
10031	10031	EQUIPMENT. (a) The board shall determine the type, number, and
10032	10032	location of buildings required to maintain an adequate hospital
10033	10033	system.
10034	10034	(b) The board may:
10035	10035	(1) purchase or lease property, including facilities
10036	10036	or equipment, for the district to use in the hospital system; and
10037	10037	(2) mortgage or pledge the property as security for
10038	10038	the payment of the purchase price.
10039	10039	(c) The board may lease all or part of the district's
10040	10040	buildings and other facilities on terms considered to be in the best
10041	10041	interest of the district's inhabitants. The term of the lease may
10042	10042	not exceed 25 years.
10043	10043	(d) The district may acquire equipment for use in the
10044	10044	district's hospital system and mortgage or pledge the property as
10045	10045	security for the payment of the purchase price. A contract entered
10046	10046	into under this subsection must provide that the entire obligation
10047	10047	be retired not later than the fifth anniversary of the date of the
10048	10048	contract.
10049	10049	(e) The district may sell or otherwise dispose of any
10050	10050	property, including equipment, on terms the board finds are in the
10051	10051	best interest of the district's inhabitants. (Acts 65th Leg.,
10052	10052	R.S., Ch. 29, Secs. 6(h), 10 (part), 11 (part).)
10053	10053	Sec. 1088.108. EMINENT DOMAIN. (a) The district may
10054	10054	exercise the power of eminent domain to acquire a fee simple or
10055	10055	other interest in any type of property located in district
10056	10056	territory if the interest is necessary or convenient for the
10057	10057	district to exercise a power, right, or privilege conferred by this
10058	10058	chapter.
10059	10059	(b) The district must exercise the power of eminent domain
10060	10060	in the manner provided by Chapter 21, Property Code, except the
10061	10061	district is not required to deposit in the trial court money or a
10062	10062	bond as provided by Section 21.021, Property Code.
10063	10063	(c) In a condemnation proceeding brought by the district,
10064	10064	the district is not required to:
10065	10065	(1) pay in advance or provide a bond or other security
10066	10066	for costs in the trial court;
10067	10067	(2) provide a bond for the issuance of a temporary
10068	10068	restraining order or a temporary injunction; or
10069	10069	(3) provide a bond for costs or a supersedeas bond on
10070	10070	an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 29,
10071	10071	Sec. 15(a).)
10072	10072	Sec. 1088.109. COST OF RELOCATING OR ALTERING PROPERTY. In
10073	10073	exercising the power of eminent domain, if the board requires
10074	10074	relocating, raising, lowering, rerouting, changing the grade of, or
10075	10075	altering the construction of any railroad, electric transmission
10076	10076	and distribution, telegraph or telephone line, conduit, pole, or
10077	10077	facility, or pipeline, the district must bear the actual cost of
10078	10078	relocating, raising, lowering, rerouting, changing the grade, or
10079	10079	altering the construction to provide comparable replacement
10080	10080	without enhancement of facilities, after deducting the net salvage
10081	10081	value derived from the old facility. (Acts 65th Leg., R.S., Ch. 29,
10082	10082	Sec. 15(b).)
10083	10083	Sec. 1088.110. GIFTS AND ENDOWMENTS. The board may accept
10084	10084	for the district a gift or endowment to be held in trust and
10085	10085	administered by the board for the purposes and under the
10086	10086	directions, limitations, or other provisions prescribed in writing
10087	10087	by the donor that are not inconsistent with the proper management
10088	10088	and objectives of the district. (Acts 65th Leg., R.S., Ch. 29, Sec.
10089	10089	19.)
10090	10090	Sec. 1088.111. CONSTRUCTION CONTRACTS. A construction
10091	10091	contract in excess of the amount provided by Section 271.024, Local
10092	10092	Government Code, may be made only after competitive bidding as
10093	10093	provided by Subchapter B, Chapter 271, Local Government Code.
10094	10094	(Acts 65th Leg., R.S., Ch. 29, Sec. 11 (part).)
10095	10095	Sec. 1088.112. OPERATING AND MANAGEMENT CONTRACTS. The
10096	10096	board may enter into an operating or management contract relating
10097	10097	to a district facility. (Acts 65th Leg., R.S., Ch. 29, Sec. 10
10098	10098	(part).)
10099	10099	Sec. 1088.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
10100	10100	HOSPITAL TREATMENT. (a) The board may contract with a county or
10101	10101	municipality located outside the district's boundaries for the
10102	10102	hospitalization and treatment of a sick or injured person of that
10103	10103	county or municipality.
10104	10104	(b) The board may contract with this state or a federal
10105	10105	agency for the hospital treatment of a sick or injured person.
10106	10106	(Acts 65th Leg., R.S., Ch. 29, Sec. 6(g) (part).)
10107	10107	Sec. 1088.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
10108	10108	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
10109	10109	political subdivision or governmental agency for the district to
10110	10110	provide investigatory or other services for the medical, hospital,
10111	10111	or welfare needs of district inhabitants. (Acts 65th Leg., R.S.,
10112	10112	Ch. 29, Sec. 6(g) (part).)
10113	10113	Sec. 1088.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
10114	10114	When a patient who resides in the district is admitted to a district
10115	10115	hospital facility, the district administrator may have an inquiry
10116	10116	made into the financial circumstances of:
10117	10117	(1) the patient; and
10118	10118	(2) relatives of the patient who are legally liable
10119	10119	for the patient's support.
10120	10120	(b) If the district administrator determines that the
10121	10121	patient or relatives cannot pay all or part of the costs of the
10122	10122	patient's care and treatment in the hospital, the amount of the
10123	10123	costs that cannot be paid becomes a charge against the district.
10124	10124	(c) If the district administrator determines that the
10125	10125	patient or relatives can pay for all or part of the costs of the care
10126	10126	and treatment, as determined by the district's indigent health care
10127	10127	policy, the patient or relatives shall be ordered to pay the
10128	10128	district a specified amount each week for the patient's care and
10129	10129	support. The amount ordered must be proportionate to the person's
10130	10130	financial ability.
10131	10131	(d) The district administrator may collect the amount from
10132	10132	the patient's estate, or from any relative who is legally liable for
10133	10133	the patient's support, in the manner provided by law for the
10134	10134	collection of expenses of the last illness of a deceased person.
10135	10135	(e) The board may institute a suit to collect an amount owed
10136	10136	to the district by a patient who has not been determined to be
10137	10137	unable to pay under this section.
10138	10138	(f) If there is a dispute as to the ability to pay, or doubt
10139	10139	in the mind of the district administrator concerning the ability to
10140	10140	pay, the board shall hold a hearing and, after calling witnesses,
10141	10141	shall determine the issue. (Acts 65th Leg., R.S., Ch. 29, Secs.
10142	10142	6(l), 18.)
10143	10143	Sec. 1088.116. NONPROFIT CORPORATION. (a) The district
10144	10144	may create and sponsor a nonprofit corporation under the Business
10145	10145	Organizations Code and may contribute money to or solicit money for
10146	10146	the corporation.
10147	10147	(b) The corporation may use its money only to provide health
10148	10148	care or other services the district is authorized to provide under
10149	10149	this chapter.
10150	10150	(c) The corporation may invest the corporation's money in
10151	10151	any manner in which the district may invest the district's money,
10152	10152	including investing money as authorized by Chapter 2256, Government
10153	10153	Code.
10154	10154	(d) The board shall establish controls to ensure that the
10155	10155	corporation uses its money as required by this section. (Acts 65th
10156	10156	Leg., R.S., Ch. 29, Sec. 6(m).)
10157	10157	Sec. 1088.117. AUTHORITY TO SUE AND BE SUED. The district,
10158	10158	through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
10159	10159	29, Sec. 6(c) (part).)
10160	10160	[Sections 1088.118-1088.150 reserved for expansion]
10161	10161	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10162	10162	Sec. 1088.151. BUDGET. (a) The district administrator
10163	10163	shall prepare an annual budget for approval by the board.
10164	10164	(b) The proposed budget must contain a complete financial
10165	10165	statement of:
10166	10166	(1) the outstanding obligations of the district;
10167	10167	(2) the cash on hand in each district fund;
10168	10168	(3) the money received by the district from all
10169	10169	sources during the previous year;
10170	10170	(4) the money available to the district from all
10171	10171	sources during the ensuing year;
10172	10172	(5) the balances expected at the end of the year in
10173	10173	which the budget is being prepared;
10174	10174	(6) the estimated revenue and balances available to
10175	10175	cover the proposed budget;
10176	10176	(7) the estimated tax rate required; and
10177	10177	(8) the proposed expenditures and disbursements and
10178	10178	the estimated receipts and collections for the following fiscal
10179	10179	year. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(c) (part).)
10180	10180	Sec. 1088.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
10181	10181	The board shall hold a public hearing on the proposed annual budget.
10182	10182	(b) At least 10 days before the date of the hearing, notice
10183	10183	of the hearing shall be published one time in a newspaper of general
10184	10184	circulation in the district.
10185	10185	(c) Any district resident is entitled to be present and
10186	10186	participate at the hearing.
10187	10187	(d) At the conclusion of the hearing, the board shall adopt
10188	10188	a budget by acting on the budget proposed by the district
10189	10189	administrator. The board may make any changes in the proposed
10190	10190	budget that the board judges to be in the interest of the taxpayers
10191	10191	and that the law warrants. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(c)
10192	10192	(part).)
10193	10193	Sec. 1088.153. AMENDMENTS TO BUDGET. The budget may be
10194	10194	amended as required by circumstances. The board must approve all
10195	10195	amendments. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(c) (part).)
10196	10196	Sec. 1088.154. RESTRICTION ON EXPENDITURES. Money may be
10197	10197	spent only for an expense included in the budget or an amendment to
10198	10198	the budget. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(c) (part).)
10199	10199	Sec. 1088.155. FISCAL YEAR. (a) The district operates
10200	10200	according to a fiscal year established by the board.
10201	10201	(b) The fiscal year may not be changed:
10202	10202	(1) during a period that revenue bonds of the district
10203	10203	are outstanding; or
10204	10204	(2) more than once in a 24-month period. (Acts 65th
10205	10205	Leg., R.S., Ch. 29, Sec. 7(a).)
10206	10206	Sec. 1088.156. ANNUAL AUDIT. The board annually shall have
10207	10207	an independent audit made of the district's books and records.
10208	10208	(Acts 65th Leg., R.S., Ch. 29, Sec. 7(b) (part).)
10209	10209	Sec. 1088.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
10210	10210	The annual audit and other district records shall be open to
10211	10211	inspection at the district's principal office. (Acts 65th Leg.,
10212	10212	R.S., Ch. 29, Sec. 7(b) (part).)
10213	10213	Sec. 1088.158. FINANCIAL REPORT. As soon as practicable
10214	10214	after the close of each fiscal year, the district administrator
10215	10215	shall prepare for the board:
10216	10216	(1) a complete sworn statement of all district money;
10217	10217	and
10218	10218	(2) a complete account of the disbursements of that
10219	10219	money. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(d).)
10220	10220	Sec. 1088.159. DEPOSITORY. (a) The board shall select one
10221	10221	or more banks to serve as a depository for district money.
10222	10222	(b) District money, other than money invested as provided by
10223	10223	Section 1088.160(b) and money transmitted to a bank for payment of
10224	10224	bonds or obligations issued by the district, shall be deposited as
10225	10225	received with the depository bank and shall remain on deposit.
10226	10226	(c) This chapter, including Subsection (b), does not limit
10227	10227	the power of the board to place a part of district money on time
10228	10228	deposit or to purchase certificates of deposit.
10229	10229	(d) The district may not deposit money with a bank in an
10230	10230	amount that exceeds the maximum amount secured by the Federal
10231	10231	Deposit Insurance Corporation unless the bank first executes
10232	10232	treasury bonds in an amount sufficient to secure from loss the
10233	10233	district money that exceeds the amount secured by the Federal
10234	10234	Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch. 29, Sec.
10235	10235	12.)
10236	10236	Sec. 1088.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
10237	10237	Except as otherwise provided by this chapter, the district may not
10238	10238	incur an obligation payable from district revenue other than the
10239	10239	revenue on hand or to be on hand in the current and following
10240	10240	district fiscal years.
10241	10241	(b) The board may invest operating, depreciation, or
10242	10242	building reserves only in funds or securities specified by Chapter
10243	10243	2256, Government Code. (Acts 65th Leg., R.S., Ch. 29, Secs. 6(a)
10244	10244	(part), 11 (part).)
10245	10245	[Sections 1088.161-1088.200 reserved for expansion]
10246	10246	SUBCHAPTER E. BONDS
10247	10247	Sec. 1088.201. GENERAL OBLIGATION BONDS. The board may
10248	10248	issue and sell general obligation bonds authorized by an election
10249	10249	in the name and on the faith and credit of the district to:
10250	10250	(1) purchase, construct, acquire, repair, or renovate
10251	10251	buildings or improvements;
10252	10252	(2) equip the buildings or improvements; and
10253	10253	(3) acquire sites to be used for district purposes.
10254	10254	(Acts 65th Leg., R.S., Ch. 29, Sec. 8(a) (part).)
10255	10255	Sec. 1088.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
10256	10256	the time general obligation bonds are issued by the district under
10257	10257	Section 1088.201, the board shall impose an ad valorem tax at a rate
10258	10258	sufficient to create an interest and sinking fund to pay the
10259	10259	principal of and interest on the bonds as the bonds mature.
10260	10260	(b) The tax required by this section together with any other
10261	10261	ad valorem tax the district imposes may not in any year exceed 75
10262	10262	cents on each $100 valuation of taxable property in the district.
10263	10263	(Acts 65th Leg., R.S., Ch. 29, Sec. 8(a) (part).)
10264	10264	Sec. 1088.203. GENERAL OBLIGATION BOND ELECTION. (a) The
10265	10265	district may issue general obligation bonds only if the bonds are
10266	10266	authorized by a majority of the district voters voting at an
10267	10267	election called for that purpose.
10268	10268	(b) The election shall be conducted in accordance with
10269	10269	Chapter 1251, Government Code. (Acts 65th Leg., R.S., Ch. 29, Sec.
10270	10270	8(a) (part).)
10271	10271	Sec. 1088.204. MATURITY OF GENERAL OBLIGATION BONDS.
10272	10272	District bonds must mature not later than 40 years after the date of
10273	10273	issuance. (Acts 65th Leg., R.S., Ch. 29, Sec. 8(d) (part).)
10274	10274	Sec. 1088.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
10275	10275	The board president shall execute the district's bonds in the
10276	10276	district's name.
10277	10277	(b) The board secretary shall countersign the bonds in the
10278	10278	manner provided by Chapter 618, Government Code. (Acts 65th Leg.,
10279	10279	R.S., Ch. 29, Sec. 8(d) (part).)
10280	10280	Sec. 1088.206. REVENUE BONDS. (a) The board may issue
10281	10281	revenue bonds to:
10282	10282	(1) purchase, construct, acquire, repair, equip, or
10283	10283	renovate buildings or improvements for district purposes; or
10284	10284	(2) acquire sites for those buildings or improvements.
10285	10285	(b) The bonds must be payable from and secured by a pledge of
10286	10286	all or part of district revenue derived from the operation of the
10287	10287	district's hospital system.
10288	10288	(c) The bonds may be additionally secured by a mortgage or
10289	10289	deed of trust lien on all or part of district property.
10290	10290	(d) The bonds must be issued in the manner and in accordance
10291	10291	with the procedures and requirements prescribed by Sections
10292	10292	264.042, 264.043, 264.044, 264.046, 264.047, 264.048, and 264.049,
10293	10293	Health and Safety Code, for issuance of revenue bonds by a county
10294	10294	hospital authority. (Acts 65th Leg., R.S., Ch. 29, Sec. 9 (part).)
10295	10295	Sec. 1088.207. BONDS EXEMPT FROM TAXATION. The following
10296	10296	are exempt from taxation by this state or a political subdivision of
10297	10297	this state:
10298	10298	(1) bonds issued or assumed by the district;
10299	10299	(2) the transfer and issuance of the bonds; and
10300	10300	(3) profits made in the sale of the bonds. (Acts 65th
10301	10301	Leg., R.S., Ch. 29, Sec. 22 (part).)
10302	10302	[Sections 1088.208-1088.250 reserved for expansion]
10303	10303	SUBCHAPTER F. TAXES
10304	10304	Sec. 1088.251. IMPOSITION OF AD VALOREM TAX. (a) The board
10305	10305	shall impose a tax on all property in the district subject to
10306	10306	district taxation.
10307	10307	(b) The board shall impose the tax to:
10308	10308	(1) pay the indebtedness issued or assumed by the
10309	10309	district;
10310	10310	(2) provide for the operation and maintenance of the
10311	10311	district and hospital system;
10312	10312	(3) make improvements and additions to the hospital
10313	10313	system; and
10314	10314	(4) acquire necessary sites for those improvements and
10315	10315	additions by purchase, lease, or condemnation.
10316	10316	(c) The board may not impose a tax to pay the principal of or
10317	10317	interest on revenue bonds. (Acts 65th Leg., R.S., Ch. 29, Secs.
10318	10318	4(b) (part), 13(a) (part).)
10319	10319	Sec. 1088.252. TAX RATE. (a) The board may impose the tax
10320	10320	at a rate not to exceed 75 cents on each $100 valuation of taxable
10321	10321	property in the district.
10322	10322	(b) In setting the tax rate, the board shall consider the
10323	10323	income of the district from sources other than taxation. (Acts 65th
10324	10324	Leg., R.S., Ch. 29, Secs. 4(b) (part), 13(a) (part), (b) (part).)
10325	10325	Sec. 1088.253. TAX ASSESSOR-COLLECTOR. The board may
10326	10326	provide for the appointment of a tax assessor-collector for the
10327	10327	district or may contract for the assessment and collection of taxes
10328	10328	as provided by the Tax Code. (Acts 65th Leg., R.S., Ch. 29, Sec. 16
10329	10329	(part).)
10330	10330	[Sections 1088.254-1088.300 reserved for expansion]
10331	10331	SUBCHAPTER G. DISSOLUTION
10332	10332	Sec. 1088.301. DISSOLUTION; ELECTION. (a) The district
10333	10333	may be dissolved only on approval of a majority of the district
10334	10334	voters voting in an election held for that purpose.
10335	10335	(b) The board may order an election on the question of
10336	10336	dissolving the district and disposing of the district's assets and
10337	10337	obligations.
10338	10338	(c) The board shall order an election if the board receives
10339	10339	a petition requesting an election that is signed by at least 15
10340	10340	percent of the registered voters of the district.
10341	10341	(d) The order calling the election must state:
10342	10342	(1) the nature of the election, including the
10343	10343	proposition to appear on the ballot;
10344	10344	(2) the date of the election;
10345	10345	(3) the hours during which the polls will be open; and
10346	10346	(4) the location of the polling places.
10347	10347	(e) Section 41.001(a), Election Code, does not apply to an
10348	10348	election ordered under this section. (Acts 65th Leg., R.S., Ch. 29,
10349	10349	Secs. 18A(a), (b), (c) (part).)
10350	10350	Sec. 1088.302. NOTICE OF ELECTION. (a) The board shall
10351	10351	give notice of an election under this subchapter by publishing once
10352	10352	a week for two consecutive weeks a substantial copy of the election
10353	10353	order in a newspaper with general circulation in the district.
10354	10354	(b) The first publication of the notice must appear not
10355	10355	later than the 35th day before the date set for the election. (Acts
10356	10356	65th Leg., R.S., Ch. 29, Sec. 18A(d) (part).)
10357	10357	Sec. 1088.303. BALLOT. The ballot for an election under
10358	10358	this subchapter must be printed to permit voting for or against the
10359	10359	proposition: "The dissolution of the Reagan Hospital District of
10360	10360	Reagan County, Texas." (Acts 65th Leg., R.S., Ch. 29, Sec. 18A(d)
10361	10361	(part).)
10362	10362	Sec. 1088.304. ELECTION RESULTS. (a) If a majority of the
10363	10363	votes in an election under this subchapter favor dissolution, the
10364	10364	board shall find that the district is dissolved.
10365	10365	(b) If a majority of the votes in the election do not favor
10366	10366	dissolution, the board shall continue to administer the district
10367	10367	and another election on the question of dissolution may not be held
10368	10368	before the first anniversary of the date of the most recent election
10369	10369	to dissolve the district. (Acts 65th Leg., R.S., Ch. 29, Sec.
10370	10370	18A(e).)
10371	10371	Sec. 1088.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS.
10372	10372	(a) If a majority of the votes in an election held under this
10373	10373	subchapter favor dissolution, the board shall:
10374	10374	(1) transfer the land, buildings, improvements,
10375	10375	equipment, and other assets that belong to the district to Reagan
10376	10376	County or to another governmental entity in Reagan County;
10377	10377	(2) sell the assets and liabilities to another person;
10378	10378	or
10379	10379	(3) administer the property, assets, and debts until
10380	10380	all money has been disposed of and all district debts have been paid
10381	10381	or settled.
10382	10382	(b) If the board makes the transfer under Subsection (a)(1),
10383	10383	the county or entity assumes all debts and obligations of the
10384	10384	district at the time of the transfer, and the district is dissolved.
10385	10385	(c) If the board does not make the transfer under Subsection
10386	10386	(a)(1), the board shall sell the assets and liabilities to another
10387	10387	person under Subsection (a)(2) or administer the property, assets,
10388	10388	and debts of the district under Subsection (a)(3), and the district
10389	10389	is dissolved when all money has been disposed of and all district
10390	10390	debts have been paid or settled. (Acts 65th Leg., R.S., Ch. 29,
10391	10391	Secs. 18A(f), (g), (m) (part).)
10392	10392	Sec. 1088.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
10393	10393	(a) The dissolution of the district and the sale or transfer of the
10394	10394	district's assets and liabilities to another person may not
10395	10395	contravene a trust indenture or bond resolution relating to the
10396	10396	district's outstanding bonds. The dissolution and sale or transfer
10397	10397	does not diminish or impair the rights of a holder of an outstanding
10398	10398	bond, warrant, or other obligation of the district.
10399	10399	(b) The sale or transfer of the district's assets and
10400	10400	liabilities must satisfy the debt and bond obligations of the
10401	10401	district in a manner that protects the interests of district
10402	10402	residents, including the residents' collective property rights in
10403	10403	the district's assets.
10404	10404	(c) The district may not transfer or dispose of the
10405	10405	district's assets except for due compensation unless:
10406	10406	(1) the transfer is made to another governmental
10407	10407	entity that serves the district; and
10408	10408	(2) the transferred assets are to be used for the
10409	10409	benefit of the district's residents.
10410	10410	(d) A grant from federal funds is an obligation to be repaid
10411	10411	in satisfaction. (Acts 65th Leg., R.S., Ch. 29, Secs. 18A(m)
10412	10412	(part), (n).)
10413	10413	Sec. 1088.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
10414	10414	TAXES. (a) After the board finds that the district is dissolved,
10415	10415	the board shall:
10416	10416	(1) determine the debt owed by the district; and
10417	10417	(2) impose on the property included in the district's
10418	10418	tax rolls a tax that is in proportion of the debt to the property
10419	10419	value.
10420	10420	(b) On the payment of all outstanding debts and obligations
10421	10421	of the district, the board shall order the secretary to return to
10422	10422	each district taxpayer the taxpayer's pro rata share of all unused
10423	10423	tax money.
10424	10424	(c) A taxpayer may request that the taxpayer's share of
10425	10425	surplus tax money be credited to the taxpayer's county taxes. If a
10426	10426	taxpayer requests the credit, the board shall direct the secretary
10427	10427	to transmit the money to the county tax assessor-collector. (Acts
10428	10428	65th Leg., R.S., Ch. 29, Secs. 18A(h), (i), (j).)
10429	10429	Sec. 1088.308. REPORT; DISSOLUTION ORDER. (a) After the
10430	10430	district has paid all district debts and has disposed of all
10431	10431	district money and other assets as prescribed by this subchapter,
10432	10432	the board shall file a written report with the Commissioners Court
10433	10433	of Reagan County summarizing the board's actions in dissolving the
10434	10434	district.
10435	10435	(b) Not later than the 10th day after the date the
10436	10436	Commissioners Court of Reagan County receives the report and
10437	10437	determines that the requirements of this subchapter have been
10438	10438	fulfilled, the commissioners court shall enter an order dissolving
10439	10439	the district and releasing the board from any further duty or
10440	10440	obligation. (Acts 65th Leg., R.S., Ch. 29, Secs. 18A(k), (l).)
10441	10441	CHAPTER 1089. REEVES COUNTY HOSPITAL DISTRICT
10442	10442	SUBCHAPTER A. GENERAL PROVISIONS
10443	10443	Sec. 1089.001. DEFINITIONS
10444	10444	Sec. 1089.002. AUTHORITY FOR OPERATION
10445	10445	Sec. 1089.003. ESSENTIAL PUBLIC FUNCTION
10446	10446	Sec. 1089.004. DISTRICT TERRITORY
10447	10447	Sec. 1089.005. DISTRICT SUPPORT AND MAINTENANCE NOT
10448	10448	STATE OBLIGATION
10449	10449	Sec. 1089.006. RESTRICTION ON STATE FINANCIAL
10450	10450	ASSISTANCE
10451	10451	[Sections 1089.007-1089.050 reserved for expansion]
10452	10452	SUBCHAPTER B. DISTRICT ADMINISTRATION
10453	10453	Sec. 1089.051. BOARD ELECTION; TERM
10454	10454	Sec. 1089.052. NOTICE OF ELECTION
10455	10455	Sec. 1089.053. QUALIFICATIONS FOR OFFICE
10456	10456	Sec. 1089.054. BOND; RECORD OF BOND
10457	10457	Sec. 1089.055. BOARD VACANCY
10458	10458	Sec. 1089.056. OFFICERS
10459	10459	Sec. 1089.057. COMPENSATION; EXPENSES
10460	10460	Sec. 1089.058. VOTING REQUIREMENT
10461	10461	Sec. 1089.059. DISTRICT ADMINISTRATOR
10462	10462	Sec. 1089.060. GENERAL DUTIES OF DISTRICT
10463	10463	ADMINISTRATOR
10464	10464	Sec. 1089.061. ASSISTANT DISTRICT ADMINISTRATOR;
10465	10465	ATTORNEY
10466	10466	Sec. 1089.062. APPOINTMENT OF STAFF AND EMPLOYEES
10467	10467	Sec. 1089.063. RETIREMENT BENEFITS
10468	10468	[Sections 1089.064-1089.100 reserved for expansion]
10469	10469	SUBCHAPTER C. POWERS AND DUTIES
10470	10470	Sec. 1089.101. DISTRICT RESPONSIBILITY
10471	10471	Sec. 1089.102. RESTRICTION ON COUNTY TAXATION AND DEBT
10472	10472	Sec. 1089.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
10473	10473	Sec. 1089.104. RULES
10474	10474	Sec. 1089.105. PURCHASING AND ACCOUNTING PROCEDURES
10475	10475	Sec. 1089.106. MOBILE EMERGENCY MEDICAL SERVICE
10476	10476	Sec. 1089.107. DISTRICT PROPERTY, FACILITIES, AND
10477	10477	EQUIPMENT
10478	10478	Sec. 1089.108. EMINENT DOMAIN
10479	10479	Sec. 1089.109. COST OF RELOCATING OR ALTERING PROPERTY
10480	10480	Sec. 1089.110. GIFTS AND ENDOWMENTS
10481	10481	Sec. 1089.111. CONSTRUCTION CONTRACTS
10482	10482	Sec. 1089.112. OPERATING AND MANAGEMENT CONTRACTS
10483	10483	Sec. 1089.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
10484	10484	FOR SERVICES
10485	10485	Sec. 1089.114. PAYMENT FOR TREATMENT; PROCEDURES
10486	10486	Sec. 1089.115. REIMBURSEMENT FOR SERVICES
10487	10487	Sec. 1089.116. AUTHORITY TO SUE AND BE SUED
10488	10488	[Sections 1089.117-1089.150 reserved for expansion]
10489	10489	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10490	10490	Sec. 1089.151. BUDGET
10491	10491	Sec. 1089.152. NOTICE; HEARING; ADOPTION OF BUDGET
10492	10492	Sec. 1089.153. AMENDMENT OF BUDGET
10493	10493	Sec. 1089.154. RESTRICTION ON EXPENDITURES
10494	10494	Sec. 1089.155. FISCAL YEAR
10495	10495	Sec. 1089.156. ANNUAL AUDIT
10496	10496	Sec. 1089.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
10497	10497	RECORDS
10498	10498	Sec. 1089.158. FINANCIAL REPORT
10499	10499	Sec. 1089.159. DEPOSITORY
10500	10500	Sec. 1089.160. SPENDING AND INVESTMENT RESTRICTIONS
10501	10501	[Sections 1089.161-1089.200 reserved for expansion]
10502	10502	SUBCHAPTER E. BONDS
10503	10503	Sec. 1089.201. GENERAL OBLIGATION BONDS
10504	10504	Sec. 1089.202. TAX TO PAY GENERAL OBLIGATION BONDS
10505	10505	Sec. 1089.203. GENERAL OBLIGATION BOND ELECTION
10506	10506	Sec. 1089.204. REVENUE BONDS
10507	10507	Sec. 1089.205. REFUNDING BONDS
10508	10508	Sec. 1089.206. MATURITY OF BONDS
10509	10509	Sec. 1089.207. EXECUTION OF BONDS
10510	10510	Sec. 1089.208. BONDS EXEMPT FROM TAXATION
10511	10511	[Sections 1089.209-1089.250 reserved for expansion]
10512	10512	SUBCHAPTER F. TAXES
10513	10513	Sec. 1089.251. IMPOSITION OF AD VALOREM TAX
10514	10514	Sec. 1089.252. TAX RATE
10515	10515	Sec. 1089.253. CONTRACT FOR TAX ASSESSMENT AND
10516	10516	COLLECTION
10517	10517	CHAPTER 1089. REEVES COUNTY HOSPITAL DISTRICT
10518	10518	SUBCHAPTER A. GENERAL PROVISIONS
10519	10519	Sec. 1089.001. DEFINITIONS. In this chapter:
10520	10520	(1) "Board" means the board of directors of the
10521	10521	district.
10522	10522	(2) "Director" means a member of the board.
10523	10523	(3) "District" means the Reeves County Hospital
10524	10524	District. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 1.01.)
10525	10525	Sec. 1089.002. AUTHORITY FOR OPERATION. The Reeves County
10526	10526	Hospital District operates and is financed as provided by Section
10527	10527	9, Article IX, Texas Constitution, and by this chapter. (Acts 70th
10528	10528	Leg., 2nd C.S., Ch. 11, Sec. 1.02.)
10529	10529	Sec. 1089.003. ESSENTIAL PUBLIC FUNCTION. The district is
10530	10530	a public entity performing an essential public function. (Acts
10531	10531	70th Leg., 2nd C.S., Ch. 11, Sec. 7.11 (part).)
10532	10532	Sec. 1089.004. DISTRICT TERRITORY. The boundaries of the
10533	10533	district are coextensive with the boundaries of Reeves County.
10534	10534	(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 1.03.)
10535	10535	Sec. 1089.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
10536	10536	OBLIGATION. This state may not become obligated for the support or
10537	10537	maintenance of the district. (Acts 70th Leg., 2nd C.S., Ch. 11,
10538	10538	Sec. 17.01 (part).)
10539	10539	Sec. 1089.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
10540	10540	The legislature may not make a direct appropriation for the
10541	10541	construction, maintenance, or improvement of a district facility.
10542	10542	(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 17.01 (part).)
10543	10543	[Sections 1089.007-1089.050 reserved for expansion]
10544	10544	SUBCHAPTER B. DISTRICT ADMINISTRATION
10545	10545	Sec. 1089.051. BOARD ELECTION; TERM. (a) The district is
10546	10546	governed by a board of five directors.
10547	10547	(b) One director is elected from each commissioners
10548	10548	precinct and one director is elected from the district at large.
10549	10549	(c) Unless four-year terms are established under Section
10550	10550	285.081, Health and Safety Code:
10551	10551	(1) directors serve staggered two-year terms; and
10552	10552	(2) an election shall be held on the uniform election
10553	10553	date in May of each year to elect the appropriate number of
10554	10554	directors. (Acts 70th Leg., 2nd C.S., Ch. 11, Secs. 4.01(a),
10555	10555	4.03(a), (d).)
10556	10556	Sec. 1089.052. NOTICE OF ELECTION. At least 35 days before
10557	10557	the date of an election of directors, notice of the election shall
10558	10558	be published one time in a newspaper with general circulation in the
10559	10559	district. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 4.04.)
10560	10560	Sec. 1089.053. QUALIFICATIONS FOR OFFICE. (a) To be
10561	10561	eligible to be a candidate for or to serve as a director, a person
10562	10562	must be:
10563	10563	(1) a resident of the district; and
10564	10564	(2) a qualified voter.
10565	10565	(b) A person who is elected from a commissioners precinct or
10566	10566	who is appointed to fill a vacancy for a commissioners precinct must
10567	10567	be a resident of that commissioners precinct.
10568	10568	(c) A district employee may not serve as a director. (Acts
10569	10569	70th Leg., 2nd C.S., Ch. 11, Sec. 4.06.)
10570	10570	Sec. 1089.054. BOND; RECORD OF BOND. (a) Before assuming
10571	10571	the duties of office, each director must execute a bond for $5,000
10572	10572	that is:
10573	10573	(1) payable to the district; and
10574	10574	(2) conditioned on the faithful performance of the
10575	10575	director's duties.
10576	10576	(b) The board may pay for a director's bond with district
10577	10577	money.
10578	10578	(c) The bond shall be kept in the permanent records of the
10579	10579	district. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 4.07.)
10580	10580	Sec. 1089.055. BOARD VACANCY. If a vacancy occurs in the
10581	10581	office of director, the remaining directors shall appoint a
10582	10582	director for the unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 11,
10583	10583	Sec. 4.08.)
10584	10584	Sec. 1089.056. OFFICERS. (a) The board shall elect a
10585	10585	president and a vice president from among its members.
10586	10586	(b) The board shall appoint a secretary, who need not be a
10587	10587	director.
10588	10588	(c) Each officer of the board serves for a term of one year.
10589	10589	(d) The board shall fill a vacancy in a board office for the
10590	10590	unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 11, Secs. 4.09,
10591	10591	4.10.)
10592	10592	Sec. 1089.057. COMPENSATION; EXPENSES. A director or
10593	10593	officer serves without compensation but may be reimbursed for
10594	10594	actual expenses incurred in the performance of official duties.
10595	10595	The expenses must be:
10596	10596	(1) reported in the district's records; and
10597	10597	(2) approved by the board. (Acts 70th Leg., 2nd C.S.,
10598	10598	Ch. 11, Sec. 4.11.)
10599	10599	Sec. 1089.058. VOTING REQUIREMENT. A concurrence of a
10600	10600	majority of the directors voting is necessary in any matter
10601	10601	relating to district business. (Acts 70th Leg., 2nd C.S., Ch. 11,
10602	10602	Sec. 4.12.)
10603	10603	Sec. 1089.059. DISTRICT ADMINISTRATOR. (a) The board may
10604	10604	appoint a qualified person as district administrator.
10605	10605	(b) The district administrator serves at the will of the
10606	10606	board and is entitled to the compensation determined by the board.
10607	10607	(c) Before assuming the duties of district administrator,
10608	10608	the administrator must execute a bond in the amount determined by
10609	10609	the board of not less than $5,000 that is:
10610	10610	(1) payable to the district; and
10611	10611	(2) conditioned on the faithful performance of the
10612	10612	administrator's duties under this chapter.
10613	10613	(d) The board may pay for the bond with district money.
10614	10614	(Acts 70th Leg., 2nd C.S., Ch. 11, Secs. 4.13(a) (part), (b) (part),
10615	10615	(c) (part), (d).)
10616	10616	Sec. 1089.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
10617	10617	Subject to the limitations prescribed by the board, the district
10618	10618	administrator shall:
10619	10619	(1) supervise the work and activities of the district;
10620	10620	and
10621	10621	(2) direct the general affairs of the district. (Acts
10622	10622	70th Leg., 2nd C.S., Ch. 11, Sec. 4.16.)
10623	10623	Sec. 1089.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
10624	10624	(a) The board may appoint qualified persons as:
10625	10625	(1) the assistant district administrator; and
10626	10626	(2) the attorney for the district.
10627	10627	(b) The assistant district administrator and the attorney
10628	10628	for the district serve at the will of the board and are entitled to
10629	10629	the compensation determined by the board. (Acts 70th Leg., 2nd
10630	10630	C.S., Ch. 11, Secs. 4.13(a) (part), (b) (part), (c) (part).)
10631	10631	Sec. 1089.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
10632	10632	board may appoint to the staff any doctors the board considers
10633	10633	necessary for the efficient operation of the district and may make
10634	10634	temporary appointments as necessary.
10635	10635	(b) The district may employ technicians, nurses, fiscal
10636	10636	agents, accountants, architects, additional attorneys, and other
10637	10637	necessary employees.
10638	10638	(c) The board may delegate to the district administrator the
10639	10639	authority to employ persons for the district. (Acts 70th Leg., 2nd
10640	10640	C.S., Ch. 11, Secs. 4.14, 4.15.)
10641	10641	Sec. 1089.063. RETIREMENT BENEFITS. The board may provide
10642	10642	retirement benefits for district employees by:
10643	10643	(1) establishing or administering a retirement
10644	10644	program; or
10645	10645	(2) participating in:
10646	10646	(A) the Texas County and District Retirement
10647	10647	System; or
10648	10648	(B) another statewide retirement system in which
10649	10649	the district is eligible to participate. (Acts 70th Leg., 2nd C.S.,
10650	10650	Ch. 11, Sec. 4.17.)
10651	10651	[Sections 1089.064-1089.100 reserved for expansion]
10652	10652	SUBCHAPTER C. POWERS AND DUTIES
10653	10653	Sec. 1089.101. DISTRICT RESPONSIBILITY. The district has
10654	10654	full responsibility for:
10655	10655	(1) operating hospital facilities; and
10656	10656	(2) providing medical and hospital care for the
10657	10657	district's needy inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 11,
10658	10658	Sec. 5.02 (part).)
10659	10659	Sec. 1089.102. RESTRICTION ON COUNTY TAXATION AND DEBT.
10660	10660	Reeves County may not impose a tax or issue bonds or other
10661	10661	obligations for hospital purposes or to provide medical care for
10662	10662	district residents. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
10663	10663	5.01(b).)
10664	10664	Sec. 1089.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
10665	10665	The board shall manage, control, and administer the hospital system
10666	10666	and the district's money and resources. (Acts 70th Leg., 2nd C.S.,
10667	10667	Ch. 11, Sec. 5.03.)
10668	10668	Sec. 1089.104. RULES. The board may adopt rules governing:
10669	10669	(1) the operation of the hospital and hospital system;
10670	10670	and
10671	10671	(2) the duties, functions, and responsibilities of the
10672	10672	district staff and employees. (Acts 70th Leg., 2nd C.S., Ch. 11,
10673	10673	Sec. 5.04.)
10674	10674	Sec. 1089.105. PURCHASING AND ACCOUNTING PROCEDURES. The
10675	10675	board may prescribe:
10676	10676	(1) the method of making purchases and expenditures by
10677	10677	and for the district; and
10678	10678	(2) accounting and control procedures for the
10679	10679	district. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 5.05.)
10680	10680	Sec. 1089.106. MOBILE EMERGENCY MEDICAL SERVICE. The
10681	10681	district may operate or provide for the operation of a mobile
10682	10682	emergency medical service. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
10683	10683	5.02 (part).)
10684	10684	Sec. 1089.107. DISTRICT PROPERTY, FACILITIES, AND
10685	10685	EQUIPMENT. (a) The board shall determine:
10686	10686	(1) the type, number, and location of buildings
10687	10687	required to maintain an adequate hospital system; and
10688	10688	(2) the type of equipment necessary for hospital care.
10689	10689	(b) The board may:
10690	10690	(1) acquire property, including facilities and
10691	10691	equipment, for the district for use in the hospital system; and
10692	10692	(2) mortgage or pledge the property as security for
10693	10693	the payment of the purchase price.
10694	10694	(c) The board may lease hospital facilities for the
10695	10695	district.
10696	10696	(d) The board may sell or otherwise dispose of the property,
10697	10697	including facilities or equipment, for the district. (Acts 70th
10698	10698	Leg., 2nd C.S., Ch. 11, Sec. 5.06.)
10699	10699	Sec. 1089.108. EMINENT DOMAIN. (a) The district may
10700	10700	exercise the power of eminent domain to acquire a fee simple or
10701	10701	other interest in property located in district territory if the
10702	10702	property interest is necessary for the district to exercise a right
10703	10703	or authority conferred by this chapter.
10704	10704	(b) The district may exercise the power of eminent domain in
10705	10705	the manner provided by Chapter 21, Property Code, except that the
10706	10706	district is not required to deposit in the trial court money or a
10707	10707	bond as provided by Section 21.021(a), Property Code.
10708	10708	(c) In a condemnation proceeding brought by the district,
10709	10709	the district is not required to:
10710	10710	(1) pay in advance or provide a bond or other security
10711	10711	for costs in the trial court;
10712	10712	(2) provide a bond for the issuance of a temporary
10713	10713	restraining order or a temporary injunction; or
10714	10714	(3) provide a bond for costs or a supersedeas bond on
10715	10715	an appeal or petition for review. (Acts 70th Leg., 2nd C.S., Ch.
10716	10716	11, Sec. 5.09.)
10717	10717	Sec. 1089.109. COST OF RELOCATING OR ALTERING PROPERTY. In
10718	10718	exercising the power of eminent domain, if the board requires
10719	10719	relocating, raising, lowering, rerouting, changing the grade of, or
10720	10720	altering the construction of any railroad, highway, pipeline,
10721	10721	electric transmission and electric distribution, telegraph, or
10722	10722	telephone line, conduit, pole, or facility, the district must bear
10723	10723	the actual cost of relocating, raising, lowering, rerouting,
10724	10724	changing the grade, or altering the construction to provide
10725	10725	comparable replacement, without enhancement of facilities, after
10726	10726	deducting the net salvage value derived from the old facility.
10727	10727	(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 5.10.)
10728	10728	Sec. 1089.110. GIFTS AND ENDOWMENTS. The board may accept
10729	10729	for the district a gift or endowment to be held in trust for any
10730	10730	purpose and under any direction, limitation, or other provision
10731	10731	prescribed in writing by the donor that is consistent with the
10732	10732	proper management of the district. (Acts 70th Leg., 2nd C.S., Ch.
10733	10733	11, Sec. 5.14.)
10734	10734	Sec. 1089.111. CONSTRUCTION CONTRACTS. (a) The board may
10735	10735	enter into construction contracts for the district.
10736	10736	(b) The board may enter into a construction contract that
10737	10737	involves an expenditure of more than the amount prescribed by
10738	10738	Section 271.024, Local Government Code, only after competitive
10739	10739	bidding as provided by Subchapter B, Chapter 271, Local Government
10740	10740	Code. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 5.07(a).)
10741	10741	Sec. 1089.112. OPERATING AND MANAGEMENT CONTRACTS. The
10742	10742	board may enter into an operating or management contract relating
10743	10743	to a hospital facility for the district. (Acts 70th Leg., 2nd C.S.,
10744	10744	Ch. 11, Sec. 5.08.)
10745	10745	Sec. 1089.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
10746	10746	SERVICES. The board may contract with a political subdivision of
10747	10747	this state or with a state or federal agency for the district to:
10748	10748	(1) furnish a mobile emergency medical service; or
10749	10749	(2) provide for the investigatory or welfare needs of
10750	10750	district inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
10751	10751	5.13.)
10752	10752	Sec. 1089.114. PAYMENT FOR TREATMENT; PROCEDURES. (a) The
10753	10753	district administrator may have an inquiry made into the financial
10754	10754	circumstances of:
10755	10755	(1) a person who resides in the district and is
10756	10756	admitted as a patient to a district facility; and
10757	10757	(2) a relative of the patient who is legally
10758	10758	responsible for the patient's support.
10759	10759	(b) To the extent that the patient or a relative of the
10760	10760	patient who is legally responsible for the patient's support cannot
10761	10761	pay for care and treatment provided by the district, the district
10762	10762	shall supply the care and treatment without charging the patient or
10763	10763	the patient's relative.
10764	10764	(c) On determining that the patient or a relative legally
10765	10765	responsible for the patient's support can pay for all or part of the
10766	10766	care and treatment provided by the district, the district
10767	10767	administrator shall report that determination to the board and the
10768	10768	board shall issue an order directing the patient or the relative to
10769	10769	pay the district a specified amount each week. The amount must be
10770	10770	based on the individual's ability to pay.
10771	10771	(d) The district administrator may collect the money owed to
10772	10772	the district from the patient's estate or from that of a relative
10773	10773	legally responsible for the patient's support in the manner
10774	10774	provided by law for collection of expenses in the last illness of a
10775	10775	deceased person.
10776	10776	(e) If there is a dispute relating to a person's ability to
10777	10777	pay or if the district administrator has any doubt concerning a
10778	10778	person's ability to pay, the board shall:
10779	10779	(1) call witnesses;
10780	10780	(2) hear and resolve the question; and
10781	10781	(3) issue a final order.
10782	10782	(f) The final order of the board may be appealed to a
10783	10783	district court in Reeves County. The substantial evidence rule
10784	10784	applies to the appeal. (Acts 70th Leg., 2nd C.S., Ch. 11, Secs.
10785	10785	5.11(b), (c), (d), (e), (f).)
10786	10786	Sec. 1089.115. REIMBURSEMENT FOR SERVICES. (a) The board
10787	10787	shall require a county, municipality, or public hospital located
10788	10788	outside the district to reimburse the district for the district's
10789	10789	care and treatment of a sick or injured person of that county,
10790	10790	municipality, or public hospital as provided by Chapter 61, Health
10791	10791	and Safety Code.
10792	10792	(b) The board shall require the sheriff of Reeves County to
10793	10793	reimburse the district for the district's care and treatment of a
10794	10794	person who is confined in a jail facility of Reeves County and is
10795	10795	not a district resident.
10796	10796	(c) On behalf of the district, the board may contract with
10797	10797	the state or federal government for that government to reimburse
10798	10798	the district for treatment of a sick or injured person. (Acts 70th
10799	10799	Leg., 2nd C.S., Ch. 11, Sec. 5.12.)
10800	10800	Sec. 1089.116. AUTHORITY TO SUE AND BE SUED. The board may
10801	10801	sue and be sued on behalf of the district. (Acts 70th Leg., 2nd
10802	10802	C.S., Ch. 11, Sec. 5.15.)
10803	10803	[Sections 1089.117-1089.150 reserved for expansion]
10804	10804	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10805	10805	Sec. 1089.151. BUDGET. (a) The district administrator
10806	10806	shall prepare a proposed annual budget for the district.
10807	10807	(b) The proposed budget must contain a complete financial
10808	10808	statement, including a statement of:
10809	10809	(1) the outstanding obligations of the district;
10810	10810	(2) the amount of cash on hand in each district fund;
10811	10811	(3) the amount of money received by the district from
10812	10812	all sources during the previous year;
10813	10813	(4) the amount of money available to the district from
10814	10814	all sources during the ensuing year;
10815	10815	(5) the amount of the balances expected at the end of
10816	10816	the year in which the budget is being prepared;
10817	10817	(6) the estimated amount of revenue and balances
10818	10818	available to cover the proposed budget; and
10819	10819	(7) the estimated tax rate required. (Acts 70th Leg.,
10820	10820	2nd C.S., Ch. 11, Sec. 6.04.)
10821	10821	Sec. 1089.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
10822	10822	The board shall hold a public hearing on the proposed annual budget.
10823	10823	(b) The board shall publish notice of the hearing in a
10824	10824	newspaper with general circulation in the district not later than
10825	10825	the 10th day before the date of the hearing.
10826	10826	(c) Any district resident is entitled to be present and
10827	10827	participate at the hearing.
10828	10828	(d) At the conclusion of the hearing, the board shall adopt
10829	10829	a budget by acting on the budget proposed by the district
10830	10830	administrator. The board may make any changes in the proposed
10831	10831	budget that the board judges to be in the interests of the
10832	10832	taxpayers.
10833	10833	(e) The budget is effective only after adoption by the
10834	10834	board. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.05.)
10835	10835	Sec. 1089.153. AMENDMENT OF BUDGET. After the annual
10836	10836	budget is adopted, the budget may be amended on the board's
10837	10837	approval. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.06.)
10838	10838	Sec. 1089.154. RESTRICTION ON EXPENDITURES. Money may be
10839	10839	spent only for an expense included in the budget or an amendment to
10840	10840	the budget. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.07.)
10841	10841	Sec. 1089.155. FISCAL YEAR. (a) The district operates
10842	10842	according to a fiscal year established by the board.
10843	10843	(b) The fiscal year may not be changed:
10844	10844	(1) during a period that revenue bonds of the district
10845	10845	are outstanding; or
10846	10846	(2) more than once in a 24-month period. (Acts 70th
10847	10847	Leg., 2nd C.S., Ch. 11, Sec. 6.01.)
10848	10848	Sec. 1089.156. ANNUAL AUDIT. The board annually shall have
10849	10849	an audit made of the district's financial condition. (Acts 70th
10850	10850	Leg., 2nd C.S., Ch. 11, Sec. 6.02.)
10851	10851	Sec. 1089.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
10852	10852	RECORDS. The annual audit and other district records shall be open
10853	10853	to inspection during regular business hours at the district's
10854	10854	principal office. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.03.)
10855	10855	Sec. 1089.158. FINANCIAL REPORT. As soon as practicable
10856	10856	after the close of the fiscal year, the district administrator
10857	10857	shall prepare for the board:
10858	10858	(1) a sworn statement of the amount of district money;
10859	10859	and
10860	10860	(2) an account of the disbursements of that money.
10861	10861	(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.08.)
10862	10862	Sec. 1089.159. DEPOSITORY. (a) The board shall select at
10863	10863	least one bank to serve as a depository for district money.
10864	10864	(b) District money, other than money invested as provided by
10865	10865	Section 1089.160(b) and money transmitted to a bank for payment of
10866	10866	bonds or obligations issued or assumed by the district, shall be
10867	10867	deposited as received with the depository bank and must remain on
10868	10868	deposit. This subsection does not limit the power of the board to
10869	10869	place a part of district money on time deposit or to purchase
10870	10870	certificates of deposit.
10871	10871	(c) The district may not deposit money with a bank in an
10872	10872	amount that exceeds the maximum amount secured by the Federal
10873	10873	Deposit Insurance Corporation unless the bank first executes a bond
10874	10874	or other security in an amount sufficient to secure from loss the
10875	10875	district money that exceeds the amount secured by the Federal
10876	10876	Deposit Insurance Corporation. (Acts 70th Leg., 2nd C.S., Ch. 11,
10877	10877	Sec. 6.10.)
10878	10878	Sec. 1089.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
10879	10879	Except as provided by Sections 1089.111, 1089.201, 1089.204, and
10880	10880	1089.205, the district may not incur a debt payable from district
10881	10881	revenue other than the revenue on hand or to be on hand in the
10882	10882	current and the immediately following district fiscal years.
10883	10883	(b) The board may invest operating, depreciation, or
10884	10884	building reserves only in funds or securities specified by Chapter
10885	10885	2256, Government Code. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
10886	10886	6.09.)
10887	10887	[Sections 1089.161-1089.200 reserved for expansion]
10888	10888	SUBCHAPTER E. BONDS
10889	10889	Sec. 1089.201. GENERAL OBLIGATION BONDS. If authorized by
10890	10890	an election, the board may issue and sell general obligation bonds
10891	10891	in the name and on the faith and credit of the district to:
10892	10892	(1) purchase, construct, acquire, repair, or renovate
10893	10893	buildings or improvements;
10894	10894	(2) equip buildings or improvements for hospital
10895	10895	purposes; or
10896	10896	(3) acquire and operate a mobile emergency medical
10897	10897	service. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 7.01.)
10898	10898	Sec. 1089.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
10899	10899	the time general obligation bonds are issued by the district under
10900	10900	Section 1089.201, the board shall impose an ad valorem tax at a rate
10901	10901	sufficient to create an interest and sinking fund to pay the
10902	10902	principal of and interest on the bonds as the bonds mature.
10903	10903	(b) The tax required by this section together with any other
10904	10904	ad valorem tax the district imposes may not in any year exceed the
10905	10905	limit approved by the voters at the election authorizing the
10906	10906	imposition of the tax. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
10907	10907	7.02.)
10908	10908	Sec. 1089.203. GENERAL OBLIGATION BOND ELECTION. (a) The
10909	10909	district may issue general obligation bonds only if the bonds are
10910	10910	authorized by a majority of the district voters voting at an
10911	10911	election held for that purpose.
10912	10912	(b) The board may order a bond election.
10913	10913	(c) The order calling the election must specify:
10914	10914	(1) the nature and date of the election;
10915	10915	(2) the hours during which the polls will be open;
10916	10916	(3) the location of the polling places;
10917	10917	(4) the amount of the bonds to be authorized; and
10918	10918	(5) the maximum maturity of the bonds.
10919	10919	(d) Notice of a bond election shall be given as provided by
10920	10920	Section 1251.003, Government Code.
10921	10921	(e) The board shall declare the results of the election.
10922	10922	(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 7.03.)
10923	10923	Sec. 1089.204. REVENUE BONDS. (a) The board may issue
10924	10924	revenue bonds to:
10925	10925	(1) purchase, construct, acquire, repair, renovate,
10926	10926	or equip buildings or improvements for hospital purposes;
10927	10927	(2) acquire sites to be used for hospital purposes; or
10928	10928	(3) acquire and operate a mobile emergency medical
10929	10929	service to assist the district in carrying out its hospital
10930	10930	purposes.
10931	10931	(b) The bonds must be payable from and secured by a pledge of
10932	10932	all or part of the revenue derived from the operation of the
10933	10933	district's hospital system.
10934	10934	(c) The bonds may be additionally secured by a mortgage or
10935	10935	deed of trust lien on all or part of district property.
10936	10936	(d) The bonds must be issued in the manner provided by
10937	10937	Sections 264.042, 264.043, and 264.046-264.049, Health and Safety
10938	10938	Code, for issuance of revenue bonds by a county hospital authority.
10939	10939	(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 7.04.)
10940	10940	Sec. 1089.205. REFUNDING BONDS. (a) The board may issue
10941	10941	refunding bonds to refund an outstanding indebtedness issued or
10942	10942	assumed by the district.
10943	10943	(b) Refunding bonds may be:
10944	10944	(1) sold, with the proceeds of the refunding bonds
10945	10945	applied to the payment of the outstanding indebtedness; or
10946	10946	(2) exchanged wholly or partly for not less than a
10947	10947	similar principal amount of outstanding indebtedness. (Acts 70th
10948	10948	Leg., 2nd C.S., Ch. 11, Secs. 7.05(a), (c) (part).)
10949	10949	Sec. 1089.206. MATURITY OF BONDS. District bonds must
10950	10950	mature not later than 50 years after the date of issuance. (Acts
10951	10951	70th Leg., 2nd C.S., Ch. 11, Sec. 7.06 (part).)
10952	10952	Sec. 1089.207. EXECUTION OF BONDS. (a) The board president
10953	10953	shall execute district bonds in the district's name.
10954	10954	(b) The board secretary shall countersign the bonds in the
10955	10955	manner provided by Chapter 618, Government Code. (Acts 70th Leg.,
10956	10956	2nd C.S., Ch. 11, Sec. 7.07.)
10957	10957	Sec. 1089.208. BONDS EXEMPT FROM TAXATION. The following
10958	10958	are exempt from taxation by this state or a political subdivision of
10959	10959	this state:
10960	10960	(1) bonds issued by the district;
10961	10961	(2) any transaction relating to the bonds; and
10962	10962	(3) profits made in the sale of the bonds. (Acts 70th
10963	10963	Leg., 2nd C.S., Ch. 11, Sec. 7.11 (part).)
10964	10964	[Sections 1089.209-1089.250 reserved for expansion]
10965	10965	SUBCHAPTER F. TAXES
10966	10966	Sec. 1089.251. IMPOSITION OF AD VALOREM TAX. (a) The board
10967	10967	may impose a tax on all property in the district subject to district
10968	10968	taxation.
10969	10969	(b) The tax may be used to pay:
10970	10970	(1) indebtedness issued or assumed by the district;
10971	10971	and
10972	10972	(2) the maintenance and operating expenses of the
10973	10973	district.
10974	10974	(c) The district may not impose a tax to pay the principal of
10975	10975	or interest on revenue bonds issued under this chapter. (Acts 70th
10976	10976	Leg., 2nd C.S., Ch. 11, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
10977	10977	Sec. 1089.252. TAX RATE. (a) The board may impose the tax
10978	10978	at a rate not to exceed the limit approved by the voters at the
10979	10979	election authorizing the imposition of the tax.
10980	10980	(b) The tax rate for all purposes may not exceed 75 cents on
10981	10981	each $100 valuation of all taxable property in the district.
10982	10982	(c) In setting the tax rate, the board shall consider the
10983	10983	income of the district from sources other than taxation. (Acts 70th
10984	10984	Leg., 2nd C.S., Ch. 11, Secs. 8.01(a) (part), (b), 8.03 (part).)
10985	10985	Sec. 1089.253. CONTRACT FOR TAX ASSESSMENT AND COLLECTION.
10986	10986	The board shall contract for the assessment and collection of taxes
10987	10987	as provided by the Tax Code. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
10988	10988	8.04(b).)
10989	10989	CHAPTER 1090. REFUGIO COUNTY
10990	10990	MEMORIAL HOSPITAL DISTRICT
10991	10991	SUBCHAPTER A. GENERAL PROVISIONS
10992	10992	Sec. 1090.001. DEFINITIONS
10993	10993	Sec. 1090.002. AUTHORITY FOR OPERATION
10994	10994	Sec. 1090.003. ESSENTIAL PUBLIC FUNCTION
10995	10995	Sec. 1090.004. DISTRICT TERRITORY
10996	10996	Sec. 1090.005. CORRECTION OF INVALID PROCEDURES
10997	10997	Sec. 1090.006. DISTRICT SUPPORT AND MAINTENANCE NOT
10998	10998	STATE OBLIGATION
10999	10999	Sec. 1090.007. RESTRICTION ON STATE FINANCIAL
11000	11000	ASSISTANCE
11001	11001	[Sections 1090.008-1090.050 reserved for expansion]
11002	11002	SUBCHAPTER B. DISTRICT ADMINISTRATION
11003	11003	Sec. 1090.051. BOARD ELECTION; TERM
11004	11004	Sec. 1090.052. NOTICE OF ELECTION
11005	11005	Sec. 1090.053. QUALIFICATIONS FOR OFFICE
11006	11006	Sec. 1090.054. BOARD VACANCY
11007	11007	Sec. 1090.055. OFFICERS
11008	11008	Sec. 1090.056. COMPENSATION; EXPENSES
11009	11009	Sec. 1090.057. VOTING REQUIREMENT
11010	11010	Sec. 1090.058. INSURANCE FOR DIRECTORS AND OFFICERS
11011	11011	Sec. 1090.059. DISTRICT ADMINISTRATOR; ASSISTANT
11012	11012	ADMINISTRATOR
11013	11013	Sec. 1090.060. GENERAL DUTIES OF DISTRICT
11014	11014	ADMINISTRATOR
11015	11015	Sec. 1090.061. APPOINTMENT AND RECRUITMENT OF STAFF
11016	11016	AND EMPLOYEES
11017	11017	Sec. 1090.062. HEALTH EDUCATION
11018	11018	Sec. 1090.063. RETIREMENT BENEFITS
11019	11019	[Sections 1090.064-1090.100 reserved for expansion]
11020	11020	SUBCHAPTER C. POWERS AND DUTIES
11021	11021	Sec. 1090.101. DISTRICT RESPONSIBILITY
11022	11022	Sec. 1090.102. RESTRICTION ON POLITICAL SUBDIVISION
11023	11023	TAXATION AND DEBT
11024	11024	Sec. 1090.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
11025	11025	Sec. 1090.104. HOSPITAL SYSTEM
11026	11026	Sec. 1090.105. RULES
11027	11027	Sec. 1090.106. PURCHASING AND ACCOUNTING PROCEDURES
11028	11028	Sec. 1090.107. DISTRICT PROPERTY, FACILITIES, AND
11029	11029	EQUIPMENT
11030	11030	Sec. 1090.108. EMINENT DOMAIN
11031	11031	Sec. 1090.109. COST OF RELOCATING OR ALTERING PROPERTY
11032	11032	Sec. 1090.110. GIFTS AND ENDOWMENTS
11033	11033	Sec. 1090.111. CONSTRUCTION CONTRACTS
11034	11034	Sec. 1090.112. OPERATING AND MANAGEMENT CONTRACTS
11035	11035	Sec. 1090.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
11036	11036	FOR CARE AND TREATMENT
11037	11037	Sec. 1090.114. CONTRACTS WITH GOVERNMENTAL ENTITIES
11038	11038	FOR INVESTIGATORY OR OTHER SERVICES
11039	11039	Sec. 1090.115. PAYMENT FOR TREATMENT; PROCEDURES
11040	11040	Sec. 1090.116. AUTHORITY TO SUE AND BE SUED
11041	11041	[Sections 1090.117-1090.150 reserved for expansion]
11042	11042	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11043	11043	Sec. 1090.151. BUDGET
11044	11044	Sec. 1090.152. NOTICE; HEARING; ADOPTION OF BUDGET
11045	11045	Sec. 1090.153. AMENDMENTS TO BUDGET
11046	11046	Sec. 1090.154. RESTRICTION ON EXPENDITURES
11047	11047	Sec. 1090.155. FISCAL YEAR
11048	11048	Sec. 1090.156. AUDIT
11049	11049	Sec. 1090.157. INSPECTION OF AUDIT AND DISTRICT
11050	11050	RECORDS
11051	11051	Sec. 1090.158. FINANCIAL REPORT
11052	11052	Sec. 1090.159. DEPOSITORY
11053	11053	Sec. 1090.160. SPENDING RESTRICTIONS
11054	11054	Sec. 1090.161. AUTHORITY TO BORROW MONEY; SECURITY
11055	11055	[Sections 1090.162-1090.200 reserved for expansion]
11056	11056	SUBCHAPTER E. BONDS
11057	11057	Sec. 1090.201. GENERAL OBLIGATION BONDS
11058	11058	Sec. 1090.202. TAX TO PAY GENERAL OBLIGATION BONDS
11059	11059	Sec. 1090.203. GENERAL OBLIGATION BOND ELECTION
11060	11060	Sec. 1090.204. MATURITY OF GENERAL OBLIGATION BONDS
11061	11061	Sec. 1090.205. EXECUTION OF GENERAL OBLIGATION BONDS
11062	11062	Sec. 1090.206. REVENUE BONDS
11063	11063	Sec. 1090.207. REFUNDING BONDS
11064	11064	Sec. 1090.208. BONDS EXEMPT FROM TAXATION
11065	11065	[Sections 1090.209-1090.250 reserved for expansion]
11066	11066	SUBCHAPTER F. TAXES
11067	11067	Sec. 1090.251. IMPOSITION OF AD VALOREM TAX
11068	11068	Sec. 1090.252. TAX RATE
11069	11069	Sec. 1090.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
11070	11070	ASSESSOR-COLLECTOR
11071	11071	Sec. 1090.254. ASSESSMENT AND COLLECTION BY DISTRICT
11072	11072	TAX ASSESSOR-COLLECTOR
11073	11073	[Sections 1090.255-1090.300 reserved for expansion]
11074	11074	SUBCHAPTER G. DISSOLUTION
11075	11075	Sec. 1090.301. DISSOLUTION; ELECTION
11076	11076	Sec. 1090.302. NOTICE OF ELECTION ON DISSOLUTION
11077	11077	Sec. 1090.303. BALLOT
11078	11078	Sec. 1090.304. ELECTION RESULTS
11079	11079	Sec. 1090.305. TRANSFER OF ASSETS AND LIABILITIES
11080	11080	CHAPTER 1090. REFUGIO COUNTY
11081	11081	MEMORIAL HOSPITAL DISTRICT
11082	11082	SUBCHAPTER A. GENERAL PROVISIONS
11083	11083	Sec. 1090.001. DEFINITIONS. In this chapter:
11084	11084	(1) "Board" means the board of directors of the
11085	11085	district.
11086	11086	(2) "Director" means a member of the board.
11087	11087	(3) "District" means the Refugio County Memorial
11088	11088	Hospital District. (New.)
11089	11089	Sec. 1090.002. AUTHORITY FOR OPERATION. The Refugio County
11090	11090	Memorial Hospital District operates and is administered and
11091	11091	financed in accordance with Section 9, Article IX, Texas
11092	11092	Constitution, and has the rights, powers, and duties provided by
11093	11093	this chapter. (Acts 65th Leg., R.S., Ch. 6, Sec. 1 (part).)
11094	11094	Sec. 1090.003. ESSENTIAL PUBLIC FUNCTION. The district
11095	11095	performs an essential public function in carrying out the purposes
11096	11096	of this chapter. (Acts 65th Leg., R.S., Ch. 6, Sec. 22 (part).)
11097	11097	Sec. 1090.004. DISTRICT TERRITORY. The boundaries of the
11098	11098	district are coextensive with the boundaries of Refugio County.
11099	11099	(Acts 65th Leg., R.S., Ch. 6, Sec. 1 (part).)
11100	11100	Sec. 1090.005. CORRECTION OF INVALID PROCEDURES. If a
11101	11101	court holds that any procedure under this chapter violates the
11102	11102	constitution of this state or of the United States, the district by
11103	11103	resolution may provide an alternative procedure that conforms with
11104	11104	the constitution. (Acts 65th Leg., R.S., Ch. 6, Sec. 23 (part).)
11105	11105	Sec. 1090.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
11106	11106	OBLIGATION. The support and maintenance of the district may not
11107	11107	become a charge against or obligation of this state. (Acts 65th
11108	11108	Leg., R.S., Ch. 6, Sec. 21 (part).)
11109	11109	Sec. 1090.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
11110	11110	The legislature may not make a direct appropriation for the
11111	11111	construction, maintenance, or improvement of a district facility.
11112	11112	(Acts 65th Leg., R.S., Ch. 6, Sec. 21 (part).)
11113	11113	[Sections 1090.008-1090.050 reserved for expansion]
11114	11114	SUBCHAPTER B. DISTRICT ADMINISTRATION
11115	11115	Sec. 1090.051. BOARD ELECTION; TERM. (a) The board
11116	11116	consists of seven directors elected from the district at large by
11117	11117	place.
11118	11118	(b) Directors serve staggered two-year terms unless
11119	11119	four-year terms are established under Section 285.081, Health and
11120	11120	Safety Code. (Acts 65th Leg., R.S., Ch. 6, Sec. 4(c) (part).)
11121	11121	Sec. 1090.052. NOTICE OF ELECTION. At least 10 days before
11122	11122	the date of an election of directors, notice of the election shall
11123	11123	be published one time in a newspaper of general circulation in
11124	11124	Refugio County. (Acts 65th Leg., R.S., Ch. 6, Sec. 4(c) (part).)
11125	11125	Sec. 1090.053. QUALIFICATIONS FOR OFFICE. (a) A person may
11126	11126	not be elected or appointed as a director unless the person is:
11127	11127	(1) a resident of the district;
11128	11128	(2) a qualified voter; and
11129	11129	(3) a freeholder.
11130	11130	(b) A person is not eligible to serve as a director if the
11131	11131	person is:
11132	11132	(1) the district administrator; or
11133	11133	(2) a district employee. (Acts 65th Leg., R.S., Ch. 6,
11134	11134	Sec. 4(d).)
11135	11135	Sec. 1090.054. BOARD VACANCY. If a vacancy occurs in the
11136	11136	office of director, the remaining directors shall appoint a
11137	11137	director for the unexpired term. (Acts 65th Leg., R.S., Ch. 6, Sec.
11138	11138	4(c) (part).)
11139	11139	Sec. 1090.055. OFFICERS. (a) The board shall elect:
11140	11140	(1) a president and a vice president from among its
11141	11141	members; and
11142	11142	(2) a secretary, who need not be a director.
11143	11143	(b) Each officer of the board serves for a term of one year.
11144	11144	(c) The board shall fill a vacancy in a board office for the
11145	11145	unexpired term. (Acts 65th Leg., R.S., Ch. 6, Sec. 4(e) (part).)
11146	11146	Sec. 1090.056. COMPENSATION; EXPENSES. A director or
11147	11147	officer serves without compensation but may be reimbursed for
11148	11148	actual expenses incurred in the performance of official duties.
11149	11149	The expenses must be:
11150	11150	(1) reported in the district's records; and
11151	11151	(2) approved by the board. (Acts 65th Leg., R.S., Ch.
11152	11152	6, Sec. 4(e) (part).)
11153	11153	Sec. 1090.057. VOTING REQUIREMENT. A concurrence of four
11154	11154	directors is sufficient in any matter relating to district
11155	11155	business. (Acts 65th Leg., R.S., Ch. 6, Sec. 4(e) (part).)
11156	11156	Sec. 1090.058. INSURANCE FOR DIRECTORS AND OFFICERS.
11157	11157	Directors and officers may be included in the same insurance plan
11158	11158	provided to district employees. (Acts 65th Leg., R.S., Ch. 6, Sec.
11159	11159	4(e) (part).)
11160	11160	Sec. 1090.059. DISTRICT ADMINISTRATOR; ASSISTANT
11161	11161	ADMINISTRATOR. (a) The board shall appoint a qualified person as
11162	11162	district administrator.
11163	11163	(b) The board may appoint an assistant administrator.
11164	11164	(c) The district administrator and any assistant
11165	11165	administrator serve at the will of the board and are entitled to the
11166	11166	compensation determined by the board.
11167	11167	(d) On assuming the duties of district administrator, the
11168	11168	administrator shall execute a bond payable to the district in an
11169	11169	amount set by the board of not less than $5,000 that:
11170	11170	(1) is conditioned on the administrator performing the
11171	11171	administrator's duties; and
11172	11172	(2) contains other conditions the board may require.
11173	11173	(Acts 65th Leg., R.S., Ch. 6, Sec. 5 (part).)
11174	11174	Sec. 1090.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
11175	11175	Subject to the limitations prescribed by the board, the district
11176	11176	administrator shall:
11177	11177	(1) supervise the work and activities of the district;
11178	11178	and
11179	11179	(2) direct the affairs of the district. (Acts 65th
11180	11180	Leg., R.S., Ch. 6, Sec. 5 (part).)
11181	11181	Sec. 1090.061. APPOINTMENT AND RECRUITMENT OF STAFF AND
11182	11182	EMPLOYEES. (a) The board may appoint to the medical staff any
11183	11183	physicians the board considers necessary and may make temporary
11184	11184	appointments as warranted.
11185	11185	(b) The district may employ fiscal agents, accountants,
11186	11186	architects, and attorneys the board considers proper.
11187	11187	(c) The board may delegate to the district administrator the
11188	11188	authority to hire district employees, including technicians and
11189	11189	nurses.
11190	11190	(d) The board may spend district money to recruit to the
11191	11191	hospital staff any physicians that are required to meet the medical
11192	11192	needs of district residents. (Acts 65th Leg., R.S., Ch. 6, Secs. 5
11193	11193	(part), 11(b) (part), 17.)
11194	11194	Sec. 1090.062. HEALTH EDUCATION. The board may use
11195	11195	district money to provide scholarships and student loans for the
11196	11196	education of county residents in health care-related fields. (Acts
11197	11197	65th Leg., R.S., Ch. 6, Sec. 11(b) (part).)
11198	11198	Sec. 1090.063. RETIREMENT BENEFITS. The board may provide
11199	11199	retirement benefits for district employees by:
11200	11200	(1) establishing or administering a retirement
11201	11201	program; or
11202	11202	(2) participating in:
11203	11203	(A) the Texas County and District Retirement
11204	11204	System; or
11205	11205	(B) another statewide retirement system in which
11206	11206	the district is eligible to participate. (Acts 65th Leg., R.S., Ch.
11207	11207	6, Sec. 6.)
11208	11208	[Sections 1090.064-1090.100 reserved for expansion]
11209	11209	SUBCHAPTER C. POWERS AND DUTIES
11210	11210	Sec. 1090.101. DISTRICT RESPONSIBILITY. The district has
11211	11211	full responsibility for operating all hospital facilities for
11212	11212	providing medical and hospital care for the district's needy
11213	11213	inhabitants. (Acts 65th Leg., R.S., Ch. 6, Sec. 20(a) (part).)
11214	11214	Sec. 1090.102. RESTRICTION ON POLITICAL SUBDIVISION
11215	11215	TAXATION AND DEBT. Refugio County or any municipality or nonprofit
11216	11216	hospital in the district may not impose a tax or issue bonds or
11217	11217	other obligations for hospital purposes or to provide medical care.
11218	11218	(Acts 65th Leg., R.S., Ch. 6, Sec. 20(a) (part).)
11219	11219	Sec. 1090.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
11220	11220	The board shall manage, control, and administer the hospital system
11221	11221	and the district's money and resources. (Acts 65th Leg., R.S., Ch.
11222	11222	6, Sec. 5 (part).)
11223	11223	Sec. 1090.104. HOSPITAL SYSTEM. (a) The district shall
11224	11224	provide for the establishment and administration for hospital
11225	11225	purposes of a hospital system by:
11226	11226	(1) purchasing, constructing, acquiring by gift or
11227	11227	otherwise, repairing, or renovating buildings and equipment; and
11228	11228	(2) equipping the buildings.
11229	11229	(b) The hospital system may include:
11230	11230	(1) facilities for domiciliary care and treatment of
11231	11231	the sick, injured, or geriatric;
11232	11232	(2) outpatient clinics;
11233	11233	(3) dispensaries;
11234	11234	(4) convalescent home facilities;
11235	11235	(5) necessary nurses;
11236	11236	(6) domiciliaries and training centers;
11237	11237	(7) blood banks;
11238	11238	(8) community mental health centers;
11239	11239	(9) research centers or laboratories; and
11240	11240	(10) any other facilities the board considers
11241	11241	necessary for hospital care. (Acts 65th Leg., R.S., Ch. 6, Secs. 2
11242	11242	(part), 11(a) (part).)
11243	11243	Sec. 1090.105. RULES. The board may adopt rules governing
11244	11244	the operation of the hospital, the hospital system, and the
11245	11245	district's staff and employees. (Acts 65th Leg., R.S., Ch. 6, Sec.
11246	11246	5 (part).)
11247	11247	Sec. 1090.106. PURCHASING AND ACCOUNTING PROCEDURES. The
11248	11248	board may prescribe:
11249	11249	(1) the method and manner of making purchases and
11250	11250	expenditures by and for the district; and
11251	11251	(2) all accounting and control procedures. (Acts 65th
11252	11252	Leg., R.S., Ch. 6, Sec. 11(b) (part).)
11253	11253	Sec. 1090.107. DISTRICT PROPERTY, FACILITIES, AND
11254	11254	EQUIPMENT. (a) The board shall determine the type, number, and
11255	11255	location of buildings required to maintain an adequate hospital
11256	11256	system.
11257	11257	(b) The board may lease all or part of the district's
11258	11258	buildings and other facilities on terms considered to be in the best
11259	11259	interest of the district's inhabitants. The term of the lease may
11260	11260	not exceed 25 years.
11261	11261	(c) The district may acquire equipment for use in the
11262	11262	district's hospital system and mortgage or pledge the property as
11263	11263	security for the payment of the purchase price. A contract entered
11264	11264	into under this subsection must provide that the entire obligation
11265	11265	be retired not later than the fifth anniversary of the date of the
11266	11266	contract.
11267	11267	(d) The district may sell or otherwise dispose of any
11268	11268	property, including equipment, on terms the board finds are in the
11269	11269	best interest of the district's inhabitants. (Acts 65th Leg.,
11270	11270	R.S., Ch. 6, Secs. 11(a) (part), (b) (part).)
11271	11271	Sec. 1090.108. EMINENT DOMAIN. (a) The district may
11272	11272	exercise the power of eminent domain to acquire a fee simple or
11273	11273	other interest in any type of property located in district
11274	11274	territory if the interest is necessary or convenient for the
11275	11275	district to exercise a power, right, or privilege conferred by this
11276	11276	chapter.
11277	11277	(b) The district must exercise the power of eminent domain
11278	11278	in the manner provided by Chapter 21, Property Code, except the
11279	11279	district is not required to deposit in the trial court money or a
11280	11280	bond as provided by Section 21.021(a), Property Code.
11281	11281	(c) In a condemnation proceeding brought by the district,
11282	11282	the district is not required to:
11283	11283	(1) pay in advance or provide a bond or other security
11284	11284	for costs in the trial court;
11285	11285	(2) provide a bond for the issuance of a temporary
11286	11286	restraining order or a temporary injunction; or
11287	11287	(3) provide a bond for costs or a supersedeas bond on
11288	11288	an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 6,
11289	11289	Sec. 15(a).)
11290	11290	Sec. 1090.109. COST OF RELOCATING OR ALTERING PROPERTY. In
11291	11291	exercising the power of eminent domain, if the board requires
11292	11292	relocating, raising, lowering, rerouting, changing the grade, or
11293	11293	altering the construction of any railroad, electric transmission,
11294	11294	telegraph or telephone line, conduit, pole, or facility, or
11295	11295	pipeline, the board must bear the actual cost of relocating,
11296	11296	raising, lowering, rerouting, changing the grade, or altering the
11297	11297	construction to provide comparable replacement without enhancement
11298	11298	of facilities, after deducting the net salvage value derived from
11299	11299	the old facility. (Acts 65th Leg., R.S., Ch. 6, Sec. 15(b).)
11300	11300	Sec. 1090.110. GIFTS AND ENDOWMENTS. The board may accept
11301	11301	for the district a gift or endowment to be held in trust and
11302	11302	administered by the board for the purposes and under the
11303	11303	directions, limitations, or other provisions prescribed in writing
11304	11304	by the donor that are not inconsistent with the proper management
11305	11305	and objectives of the district. (Acts 65th Leg., R.S., Ch. 6, Sec.
11306	11306	19.)
11307	11307	Sec. 1090.111. CONSTRUCTION CONTRACTS. A construction
11308	11308	contract that involves the expenditure of more than $10,000 may be
11309	11309	made only after advertising in the manner provided by Chapter 252
11310	11310	and Subchapter C, Chapter 262, Local Government Code. (Acts 65th
11311	11311	Leg., R.S., Ch. 6, Sec. 11(b) (part).)
11312	11312	Sec. 1090.112. OPERATING AND MANAGEMENT CONTRACTS. The
11313	11313	board may enter into an operating or management contract relating
11314	11314	to a district facility. (Acts 65th Leg., R.S., Ch. 6, Sec. 11(a)
11315	11315	(part).)
11316	11316	Sec. 1090.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
11317	11317	CARE AND TREATMENT. (a) The board may contract with a county or
11318	11318	municipality located outside the district's boundaries to
11319	11319	reimburse the district for the care and treatment of a sick or
11320	11320	injured person of that county or municipality.
11321	11321	(b) The board may contract with this state or a federal
11322	11322	agency for reimbursement for the treatment of a sick or injured
11323	11323	person. (Acts 65th Leg., R.S., Ch. 6, Sec. 5 (part).)
11324	11324	Sec. 1090.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
11325	11325	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
11326	11326	political subdivision or governmental agency for the district to
11327	11327	provide investigatory or other services for the medical, hospital,
11328	11328	or welfare needs of district inhabitants. (Acts 65th Leg., R.S.,
11329	11329	Ch. 6, Sec. 5 (part).)
11330	11330	Sec. 1090.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
11331	11331	When a patient who resides in the district is admitted to a district
11332	11332	facility, the district administrator may have an inquiry made into
11333	11333	the circumstances of:
11334	11334	(1) the patient; and
11335	11335	(2) the patient's relatives who are legally liable for
11336	11336	the patient's support.
11337	11337	(b) If the district administrator determines that the
11338	11338	patient or those relatives cannot pay all or part of the costs of
11339	11339	the care and treatment in the hospital, the amount of the costs that
11340	11340	cannot be paid becomes a charge against the district.
11341	11341	(c) If the district administrator determines that the
11342	11342	patient or those relatives can pay for all or part of the costs of
11343	11343	the patient's care and treatment, the patient or those relatives
11344	11344	shall be ordered to pay the district a specified amount each week
11345	11345	for the patient's care and support. The amount ordered must be
11346	11346	proportionate to the person's financial ability.
11347	11347	(d) The district administrator may collect the amount from
11348	11348	the patient's estate, or from any relative who is legally liable for
11349	11349	the patient's support, in the manner provided by law for the
11350	11350	collection of expenses of the last illness of a deceased person.
11351	11351	(e) If there is a dispute as to the ability to pay, or doubt
11352	11352	in the mind of the district administrator, the board shall hold a
11353	11353	hearing and, after calling witnesses, shall:
11354	11354	(1) resolve the dispute or doubt; and
11355	11355	(2) issue any appropriate orders.
11356	11356	(f) A final order of the board may be appealed to the
11357	11357	district court. The substantial evidence rule applies to the
11358	11358	appeal. (Acts 65th Leg., R.S., Ch. 6, Sec. 18.)
11359	11359	Sec. 1090.116. AUTHORITY TO SUE AND BE SUED. The district,
11360	11360	through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
11361	11361	6, Sec. 5 (part).)
11362	11362	[Sections 1090.117-1090.150 reserved for expansion]
11363	11363	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11364	11364	Sec. 1090.151. BUDGET. (a) The district administrator
11365	11365	shall prepare an annual budget for approval by the board.
11366	11366	(b) The proposed budget must contain a complete financial
11367	11367	statement of:
11368	11368	(1) the outstanding obligations of the district;
11369	11369	(2) the cash on hand in each district fund;
11370	11370	(3) the money received by the district from all
11371	11371	sources during the previous year;
11372	11372	(4) the money available to the district from all
11373	11373	sources during the ensuing year;
11374	11374	(5) the balances expected at the end of the year in
11375	11375	which the budget is being prepared;
11376	11376	(6) the estimated revenue and balances available to
11377	11377	cover the proposed budget; and
11378	11378	(7) the estimated tax rate required. (Acts 65th Leg.,
11379	11379	R.S., Ch. 6, Sec. 7 (part).)
11380	11380	Sec. 1090.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
11381	11381	The board shall hold a public hearing on the proposed annual budget.
11382	11382	(b) Notice of the hearing must be published one time at
11383	11383	least 10 days before the date of the hearing.
11384	11384	(c) Any district resident is entitled to be present and
11385	11385	participate at the hearing.
11386	11386	(d) At the conclusion of the hearing, the board shall adopt
11387	11387	a budget by acting on the budget proposed by the district
11388	11388	administrator. The board may make any changes in the proposed
11389	11389	budget that the board judges to be in the interests of the taxpayers
11390	11390	and that the law warrants. (Acts 65th Leg., R.S., Ch. 6, Sec. 7
11391	11391	(part).)
11392	11392	Sec. 1090.153. AMENDMENTS TO BUDGET. The budget may be
11393	11393	amended as required by circumstances. The board must approve all
11394	11394	amendments. (Acts 65th Leg., R.S., Ch. 6, Sec. 7 (part).)
11395	11395	Sec. 1090.154. RESTRICTION ON EXPENDITURES. Money may be
11396	11396	spent only for an expense included in the budget or an amendment to
11397	11397	the budget. (Acts 65th Leg., R.S., Ch. 6, Sec. 7 (part).)
11398	11398	Sec. 1090.155. FISCAL YEAR. (a) The district operates
11399	11399	according to a fiscal year established by the board.
11400	11400	(b) The fiscal year may not be changed:
11401	11401	(1) during a period that revenue bonds of the district
11402	11402	are outstanding; or
11403	11403	(2) more than once in a 24-month period. (Acts 65th
11404	11404	Leg., R.S., Ch. 6, Sec. 7 (part).)
11405	11405	Sec. 1090.156. AUDIT. The board shall have an audit made of
11406	11406	the district's financial condition. (Acts 65th Leg., R.S., Ch. 6,
11407	11407	Sec. 7 (part).)
11408	11408	Sec. 1090.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
11409	11409	The audit and other district records shall be open to inspection at
11410	11410	the district's principal office. (Acts 65th Leg., R.S., Ch. 6, Sec.
11411	11411	7 (part).)
11412	11412	Sec. 1090.158. FINANCIAL REPORT. As soon as practicable
11413	11413	after the close of each fiscal year, the district administrator
11414	11414	shall prepare for the board:
11415	11415	(1) a complete sworn statement of all district money;
11416	11416	and
11417	11417	(2) a complete account of the disbursements of that
11418	11418	money. (Acts 65th Leg., R.S., Ch. 6, Sec. 7 (part).)
11419	11419	Sec. 1090.159. DEPOSITORY. (a) The board shall select one
11420	11420	or more financial institutions to serve as a depository for
11421	11421	district money.
11422	11422	(b) District money, other than money transmitted to a bank
11423	11423	for payment of bonds or obligations issued by the district, shall be
11424	11424	deposited as received with the depository bank and shall remain on
11425	11425	deposit.
11426	11426	(c) This chapter, including Subsection (b), does not limit
11427	11427	the power of the board to place a part of district money on time
11428	11428	deposit or to purchase certificates of deposit.
11429	11429	(d) The district may not deposit money with a bank in an
11430	11430	amount that exceeds the maximum amount secured by the Federal
11431	11431	Deposit Insurance Corporation unless the bank first executes a bond
11432	11432	or other security in an amount sufficient to secure from loss the
11433	11433	district money that exceeds the amount secured by the Federal
11434	11434	Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch. 6, Sec.
11435	11435	12.)
11436	11436	Sec. 1090.160. SPENDING RESTRICTIONS. Except as otherwise
11437	11437	provided by Section 1090.107(c) and by Subchapter E, the district
11438	11438	may not incur an obligation payable from district revenue other
11439	11439	than the revenue on hand or to be on hand in the current and
11440	11440	following district fiscal years. (Acts 65th Leg., R.S., Ch. 6, Sec.
11441	11441	11(b) (part).)
11442	11442	Sec. 1090.161. AUTHORITY TO BORROW MONEY; SECURITY. (a)
11443	11443	The board may borrow money at a rate of not more than 10 percent a
11444	11444	year on district notes to pay the obligations if the board declares
11445	11445	that money is not available to meet authorized district
11446	11446	obligations, which creates an emergency.
11447	11447	(b) To secure a loan, the board may pledge:
11448	11448	(1) district revenue that is not pledged to pay the
11449	11449	district's bonded indebtedness;
11450	11450	(2) a district tax to be imposed by the district in the
11451	11451	next 12-month period that is not pledged to pay the principal of or
11452	11452	interest on district bonds; or
11453	11453	(3) district bonds that have been authorized but not
11454	11454	sold.
11455	11455	(c) A loan for which taxes or bonds are pledged must mature
11456	11456	not later than the first anniversary of the date the loan is made. A
11457	11457	loan for which district revenue is pledged must mature not later
11458	11458	than the fifth anniversary of the date the loan is made.
11459	11459	(d) Money obtained from a loan under this section may be
11460	11460	spent only for:
11461	11461	(1) a purpose for which the board declared an
11462	11462	emergency; and
11463	11463	(2) the purposes for which the taxes were imposed or
11464	11464	the bonds were authorized, if district taxes or bonds are pledged to
11465	11465	pay the loan. (Acts 65th Leg., R.S., Ch. 6, Sec. 10A.)
11466	11466	[Sections 1090.162-1090.200 reserved for expansion]
11467	11467	SUBCHAPTER E. BONDS
11468	11468	Sec. 1090.201. GENERAL OBLIGATION BONDS. The board may
11469	11469	issue and sell general obligation bonds in the name and on the faith
11470	11470	and credit of the district for any purpose relating to:
11471	11471	(1) the purchase, construction, acquisition, repair,
11472	11472	or renovation of buildings or improvements; and
11473	11473	(2) equipping buildings or improvements for hospital
11474	11474	purposes. (Acts 65th Leg., R.S., Ch. 6, Sec. 8(a) (part).)
11475	11475	Sec. 1090.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
11476	11476	the time general obligation bonds are issued by the district under
11477	11477	Section 1090.201, the board shall impose an ad valorem tax at a rate
11478	11478	sufficient to create an interest and sinking fund to pay the
11479	11479	principal of and interest on the bonds as the bonds mature.
11480	11480	(b) The tax required by this section together with any other
11481	11481	ad valorem tax the district imposes may not in any year exceed 75
11482	11482	cents on each $100 valuation of all taxable property in the
11483	11483	district. (Acts 65th Leg., R.S., Ch. 6, Sec. 8(a) (part).)
11484	11484	Sec. 1090.203. GENERAL OBLIGATION BOND ELECTION. (a) The
11485	11485	district may issue general obligation bonds only if the bonds are
11486	11486	authorized by a majority of the district voters.
11487	11487	(b) The order calling the election shall provide for clerks
11488	11488	as in county elections and must specify:
11489	11489	(1) the date of the election;
11490	11490	(2) the location of the polling places;
11491	11491	(3) the presiding and alternate election judges for
11492	11492	each polling place;
11493	11493	(4) the amount of the bonds to be authorized; and
11494	11494	(5) the maximum maturity of the bonds.
11495	11495	(c) Notice of a bond election shall be given as provided by
11496	11496	Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 6,
11497	11497	Sec. 8(a) (part).)
11498	11498	Sec. 1090.204. MATURITY OF GENERAL OBLIGATION BONDS.
11499	11499	District general obligation bonds must mature not later than 40
11500	11500	years after the date of issuance. (Acts 65th Leg., R.S., Ch. 6,
11501	11501	Sec. 8(c) (part).)
11502	11502	Sec. 1090.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
11503	11503	The board president shall execute the general obligation bonds in
11504	11504	the district's name.
11505	11505	(b) The board secretary shall countersign the bonds in the
11506	11506	manner provided by Chapter 618, Government Code. (Acts 65th Leg.,
11507	11507	R.S., Ch. 6, Sec. 8(c) (part).)
11508	11508	Sec. 1090.206. REVENUE BONDS. (a) The board may issue
11509	11509	revenue bonds to:
11510	11510	(1) purchase, construct, acquire, repair, renovate,
11511	11511	or equip buildings or improvements for hospital purposes; or
11512	11512	(2) acquire sites to be used for hospital purposes.
11513	11513	(b) The bonds must be payable from and secured by a pledge of
11514	11514	all or part of the revenue derived from the operation of the
11515	11515	district's hospitals.
11516	11516	(c) The bonds may be additionally secured by a mortgage or
11517	11517	deed of trust lien on all or part of district property.
11518	11518	(d) The bonds must be issued in the manner and in accordance
11519	11519	with the procedures and requirements prescribed by Sections
11520	11520	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
11521	11521	and Safety Code, for issuance of revenue bonds by a county hospital
11522	11522	authority. (Acts 65th Leg., R.S., Ch. 6, Sec. 10 (part).)
11523	11523	Sec. 1090.207. REFUNDING BONDS. (a) The board may, without
11524	11524	an election, issue refunding bonds to refund outstanding
11525	11525	indebtedness issued by the district.
11526	11526	(b) A refunding bond may be:
11527	11527	(1) sold, with the proceeds of the refunding bonds
11528	11528	applied to the payment of the outstanding indebtedness; or
11529	11529	(2) exchanged wholly or partly for not less than a
11530	11530	similar principal amount of outstanding indebtedness. (Acts 65th
11531	11531	Leg., R.S., Ch. 6, Secs. 8(a) (part), (b) (part), 10 (part).)
11532	11532	Sec. 1090.208. BONDS EXEMPT FROM TAXATION. The following
11533	11533	are exempt from taxation by this state or a political subdivision of
11534	11534	this state:
11535	11535	(1) bonds issued by the district;
11536	11536	(2) the transfer and issuance of the bonds; or
11537	11537	(3) profits made in the sale of the bonds. (Acts 65th
11538	11538	Leg., R.S., Ch. 6, Sec. 22 (part).)
11539	11539	[Sections 1090.209-1090.250 reserved for expansion]
11540	11540	SUBCHAPTER F. TAXES
11541	11541	Sec. 1090.251. IMPOSITION OF AD VALOREM TAX. (a) The board
11542	11542	shall impose a tax on all property in the district subject to
11543	11543	district taxation.
11544	11544	(b) The board shall impose the tax to pay:
11545	11545	(1) indebtedness issued by the district; and
11546	11546	(2) the maintenance and operating expenses of the
11547	11547	district.
11548	11548	(c) The board may not impose a tax to pay the principal of or
11549	11549	interest on revenue bonds issued under this chapter. (Acts 65th
11550	11550	Leg., R.S., Ch. 6, Secs. 13 (part), 16(a) (part).)
11551	11551	Sec. 1090.252. TAX RATE. (a) The board may impose the tax
11552	11552	at a rate not to exceed 75 cents on each $100 valuation of taxable
11553	11553	property in the district.
11554	11554	(b) In setting the tax rate, the board shall consider the
11555	11555	income of the district from sources other than taxation. (Acts 65th
11556	11556	Leg., R.S., Ch. 6, Secs. 3(b) (part), 13 (part).)
11557	11557	Sec. 1090.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
11558	11558	ASSESSOR-COLLECTOR. (a) This section applies unless the board
11559	11559	elects to have taxes assessed and collected under Section 1090.254.
11560	11560	(b) The tax assessor-collector of Refugio County shall
11561	11561	assess and collect taxes imposed by the district. (Acts 65th Leg.,
11562	11562	R.S., Ch. 6, Secs. 16(a) (part), (b) (part).)
11563	11563	Sec. 1090.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
11564	11564	ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
11565	11565	assessed and collected by a tax assessor-collector appointed by the
11566	11566	board. An election under this subsection must be made by December 1
11567	11567	and governs the manner in which taxes are assessed and collected,
11568	11568	until changed by a similar resolution.
11569	11569	(b) The district tax assessor-collector must:
11570	11570	(1) reside in the district; and
11571	11571	(2) own real property subject to district taxation.
11572	11572	(c) The board shall set for the district tax
11573	11573	assessor-collector:
11574	11574	(1) the term of employment; and
11575	11575	(2) compensation. (Acts 65th Leg., R.S., Ch. 6, Secs.
11576	11576	16(a) (part), (c) (part).)
11577	11577	[Sections 1090.255-1090.300 reserved for expansion]
11578	11578	SUBCHAPTER G. DISSOLUTION
11579	11579	Sec. 1090.301. DISSOLUTION; ELECTION. (a) The district
11580	11580	may be dissolved as provided by this subchapter.
11581	11581	(b) The district may be dissolved and the district's assets
11582	11582	or facilities may be acquired by Refugio County only on approval of
11583	11583	a majority of district voters who vote on the question of the
11584	11584	district's dissolution and transfer of assets and facilities at an
11585	11585	election.
11586	11586	(c) The board shall order the election if the board receives
11587	11587	a petition calling for submission of the question that is signed by
11588	11588	at least 15 percent of the district's registered voters. Each voter
11589	11589	signing the petition must write next to the voter's name the date of
11590	11590	the voter's signature.
11591	11591	(d) The petition must be filed within 45 days of the
11592	11592	earliest date on which a voter signed the petition.
11593	11593	(e) The board shall order the question of the district's
11594	11594	dissolution submitted at the first directors' election held after
11595	11595	the date the board receives a petition under Subsection (d) that
11596	11596	occurs after the time required by Section 3.005, Election Code.
11597	11597	(Acts 65th Leg., R.S., Ch. 6, Secs. 26(a), (c) (part).)
11598	11598	Sec. 1090.302. NOTICE OF ELECTION ON DISSOLUTION. Notice
11599	11599	of a directors' election at which the question of the district's
11600	11600	dissolution will be submitted to the voters must include notice
11601	11601	that the question of dissolution and the transfer of hospital
11602	11602	facilities to and the assumption of debts and bond obligations by
11603	11603	Refugio County will be submitted at the election. (Acts 65th Leg.,
11604	11604	R.S., Ch. 6, Sec. 26(c) (part).)
11605	11605	Sec. 1090.303. BALLOT. Beneath the names of the candidates
11606	11606	for director of the district, the ballot for an election under this
11607	11607	subchapter must provide for voting for or against the following
11608	11608	proposition: "The dissolution of the Refugio County Memorial
11609	11609	Hospital District and the transfer of the existing hospital
11610	11610	facilities to and the assumption of the debts and bond obligations
11611	11611	by Refugio County." (Acts 65th Leg., R.S., Ch. 6, Sec. 26(d).)
11612	11612	Sec. 1090.304. ELECTION RESULTS. (a) If a majority of the
11613	11613	votes in an election under this subchapter favor dissolution, the
11614	11614	board shall find that the proposition was approved and shall
11615	11615	declare the district dissolved.
11616	11616	(b) If a majority of the votes in the election do not favor
11617	11617	dissolution, the board shall find that the proposition was not
11618	11618	approved and shall declare that the district will continue to
11619	11619	operate. Another election on the question of dissolution may not be
11620	11620	held within 48 months after the anniversary of the date of any
11621	11621	preceding election held for the same purpose. (Acts 65th Leg.,
11622	11622	R.S., Ch. 6, Secs. 26(e) (part), (f).)
11623	11623	Sec. 1090.305. TRANSFER OF ASSETS AND LIABILITIES. If the
11624	11624	proposition for the dissolution of the district and the transfer of
11625	11625	the existing hospital facilities to and the assumption of the debts
11626	11626	and bond obligations by Refugio County is approved as provided by
11627	11627	this subchapter:
11628	11628	(1) the land, buildings, improvements, and equipment
11629	11629	that are part of the hospital or hospital system owned by the
11630	11630	district shall be transferred to Refugio County;
11631	11631	(2) any debts and bond obligations of the district
11632	11632	shall be assumed by Refugio County; and
11633	11633	(3) the Refugio County Commissioners Court shall
11634	11634	provide for:
11635	11635	(A) establishing and administering a hospital
11636	11636	system by purchasing, constructing, acquiring by gift or otherwise,
11637	11637	repairing, or renovating buildings and equipment; and
11638	11638	(B) equipping the hospital system. (Acts 65th
11639	11639	Leg., R.S., Ch. 6, Sec. 26(b).)
11640	11640	CHAPTER 1091. RICE HOSPITAL DISTRICT
11641	11641	SUBCHAPTER A. GENERAL PROVISIONS
11642	11642	Sec. 1091.001. DEFINITIONS
11643	11643	Sec. 1091.002. AUTHORITY FOR OPERATION
11644	11644	Sec. 1091.003. ESSENTIAL PUBLIC FUNCTION
11645	11645	Sec. 1091.004. DISTRICT TERRITORY
11646	11646	Sec. 1091.005. DISTRICT SUPPORT OR MAINTENANCE NOT
11647	11647	STATE OBLIGATION
11648	11648	Sec. 1091.006. RESTRICTION ON STATE FINANCIAL
11649	11649	ASSISTANCE
11650	11650	[Sections 1091.007-1091.050 reserved for expansion]
11651	11651	SUBCHAPTER B. DISTRICT ADMINISTRATION
11652	11652	Sec. 1091.051. BOARD ELECTION; TERM
11653	11653	Sec. 1091.052. NOTICE OF ELECTION
11654	11654	Sec. 1091.053. BALLOT PETITION
11655	11655	Sec. 1091.054. QUALIFICATIONS FOR OFFICE
11656	11656	Sec. 1091.055. BOND; RECORD OF BOND
11657	11657	Sec. 1091.056. BOARD VACANCY
11658	11658	Sec. 1091.057. OFFICERS
11659	11659	Sec. 1091.058. COMPENSATION; EXPENSES
11660	11660	Sec. 1091.059. VOTING REQUIREMENT
11661	11661	Sec. 1091.060. DISTRICT ADMINISTRATOR
11662	11662	Sec. 1091.061. GENERAL DUTIES OF DISTRICT
11663	11663	ADMINISTRATOR
11664	11664	Sec. 1091.062. ASSISTANT DISTRICT ADMINISTRATOR;
11665	11665	ATTORNEY
11666	11666	Sec. 1091.063. APPOINTMENT AND RECRUITMENT OF STAFF
11667	11667	AND EMPLOYEES
11668	11668	Sec. 1091.064. RETIREMENT BENEFITS
11669	11669	[Sections 1091.065-1091.100 reserved for expansion]
11670	11670	SUBCHAPTER C. POWERS AND DUTIES
11671	11671	Sec. 1091.101. DISTRICT RESPONSIBILITY
11672	11672	Sec. 1091.102. MANAGEMENT, CONTROL, AND ADMINISTRATION
11673	11673	Sec. 1091.103. RULES
11674	11674	Sec. 1091.104. PURCHASING AND ACCOUNTING PROCEDURES
11675	11675	Sec. 1091.105. DISTRICT PROPERTY, FACILITIES, AND
11676	11676	EQUIPMENT
11677	11677	Sec. 1091.106. EMINENT DOMAIN
11678	11678	Sec. 1091.107. COST OF RELOCATING OR ALTERING PROPERTY
11679	11679	Sec. 1091.108. GIFTS AND ENDOWMENTS
11680	11680	Sec. 1091.109. CONSTRUCTION CONTRACTS
11681	11681	Sec. 1091.110. OPERATING AND MANAGEMENT CONTRACTS
11682	11682	Sec. 1091.111. CONTRACTS FOR SERVICES
11683	11683	Sec. 1091.112. PROVISION OF CERTAIN HEALTH SERVICES
11684	11684	Sec. 1091.113. PAYMENT FOR TREATMENT; PROCEDURES
11685	11685	Sec. 1091.114. REIMBURSEMENT FOR SERVICES
11686	11686	Sec. 1091.115. AUTHORITY TO SUE AND BE SUED
11687	11687	[Sections 1091.116-1091.150 reserved for expansion]
11688	11688	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11689	11689	Sec. 1091.151. BUDGET
11690	11690	Sec. 1091.152. NOTICE; HEARING; ADOPTION OF BUDGET
11691	11691	Sec. 1091.153. AMENDMENTS TO BUDGET
11692	11692	Sec. 1091.154. FISCAL YEAR
11693	11693	Sec. 1091.155. ANNUAL AUDIT
11694	11694	Sec. 1091.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
11695	11695	RECORDS
11696	11696	Sec. 1091.157. FINANCIAL REPORT
11697	11697	Sec. 1091.158. SHORT-TERM FINANCING
11698	11698	Sec. 1091.159. DEPOSITORY
11699	11699	Sec. 1091.160. SPENDING AND INVESTMENT RESTRICTIONS
11700	11700	[Sections 1091.161-1091.200 reserved for expansion]
11701	11701	SUBCHAPTER E. BONDS
11702	11702	Sec. 1091.201. GENERAL OBLIGATION BONDS
11703	11703	Sec. 1091.202. TAX TO PAY GENERAL OBLIGATION BONDS
11704	11704	Sec. 1091.203. GENERAL OBLIGATION BOND ELECTION
11705	11705	Sec. 1091.204. REVENUE BONDS
11706	11706	Sec. 1091.205. REFUNDING BONDS
11707	11707	Sec. 1091.206. MATURITY OF BONDS
11708	11708	Sec. 1091.207. EXECUTION OF BONDS
11709	11709	Sec. 1091.208. BONDS EXEMPT FROM TAXATION
11710	11710	[Sections 1091.209-1091.250 reserved for expansion]
11711	11711	SUBCHAPTER F. TAXES
11712	11712	Sec. 1091.251. IMPOSITION OF AD VALOREM TAX
11713	11713	Sec. 1091.252. TAX RATE
11714	11714	Sec. 1091.253. TAX ASSESSOR-COLLECTOR
11715	11715	[Sections 1091.254-1091.300 reserved for expansion]
11716	11716	SUBCHAPTER G. DISSOLUTION
11717	11717	Sec. 1091.301. DISSOLUTION; ELECTION
11718	11718	Sec. 1091.302. NOTICE OF ELECTION
11719	11719	Sec. 1091.303. BALLOT
11720	11720	Sec. 1091.304. ELECTION RESULTS
11721	11721	Sec. 1091.305. SALE OR TRANSFER OF ASSETS AND
11722	11722	LIABILITIES
11723	11723	CHAPTER 1091. RICE HOSPITAL DISTRICT
11724	11724	SUBCHAPTER A. GENERAL PROVISIONS
11725	11725	Sec. 1091.001. DEFINITIONS. In this chapter:
11726	11726	(1) "Board" means the board of directors of the
11727	11727	district.
11728	11728	(2) "Director" means a member of the board.
11729	11729	(3) "District" means the Rice Hospital District.
11730	11730	(Acts 71st Leg., R.S., Ch. 199, Sec. 1.01.)
11731	11731	Sec. 1091.002. AUTHORITY FOR OPERATION. The Rice Hospital
11732	11732	District operates and is financed as provided by Section 9, Article
11733	11733	IX, Texas Constitution, and by this chapter. (Acts 71st Leg., R.S.,
11734	11734	Ch. 199, Sec. 1.02.)
11735	11735	Sec. 1091.003. ESSENTIAL PUBLIC FUNCTION. The district is
11736	11736	a public entity performing an essential public function. (Acts
11737	11737	71st Leg., R.S., Ch. 199, Sec. 7.11 (part).)
11738	11738	Sec. 1091.004. DISTRICT TERRITORY. The boundaries of the
11739	11739	district are coextensive with the boundaries of Rice Consolidated
11740	11740	Independent School District of Colorado County, Texas, as those
11741	11741	boundaries existed on May 26, 1989. (Acts 71st Leg., R.S., Ch. 199,
11742	11742	Sec. 1.03.)
11743	11743	Sec. 1091.005. DISTRICT SUPPORT OR MAINTENANCE NOT STATE
11744	11744	OBLIGATION. The state may not become obligated for the support or
11745	11745	maintenance of the district. (Acts 71st Leg., R.S., Ch. 199, Sec.
11746	11746	10.01 (part).)
11747	11747	Sec. 1091.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
11748	11748	The legislature may not make a direct appropriation for the
11749	11749	construction, maintenance, or improvement of a district facility.
11750	11750	(Acts 71st Leg., R.S., Ch. 199, Sec. 10.01 (part).)
11751	11751	[Sections 1091.007-1091.050 reserved for expansion]
11752	11752	SUBCHAPTER B. DISTRICT ADMINISTRATION
11753	11753	Sec. 1091.051. BOARD ELECTION; TERM. (a) The district is
11754	11754	governed by a board of nine directors elected from the district at
11755	11755	large.
11756	11756	(b) Unless four-year terms are established under Section
11757	11757	285.081, Health and Safety Code:
11758	11758	(1) directors serve staggered two-year terms; and
11759	11759	(2) an election shall be held on the uniform election
11760	11760	date in May of each year to elect the appropriate number of
11761	11761	directors. (Acts 71st Leg., R.S., Ch. 199, Secs. 4.01(a), 4.03(a),
11762	11762	(c) (part).)
11763	11763	Sec. 1091.052. NOTICE OF ELECTION. At least 35 days before
11764	11764	the date of an election of directors, notice of the election shall
11765	11765	be published one time in a newspaper with general circulation in the
11766	11766	district. (Acts 71st Leg., R.S., Ch. 199, Sec. 4.04.)
11767	11767	Sec. 1091.053. BALLOT PETITION. A person seeking to have
11768	11768	the person's name printed on the ballot as a candidate for director
11769	11769	must file with the board secretary a petition requesting that
11770	11770	action. The petition must be:
11771	11771	(1) signed by at least 10 registered voters of the
11772	11772	district as determined by the most recent official list of
11773	11773	registered voters; and
11774	11774	(2) filed not later than the 31st day before the date
11775	11775	of the election. (Acts 71st Leg., R.S., Ch. 199, Sec. 4.05.)
11776	11776	Sec. 1091.054. QUALIFICATIONS FOR OFFICE. (a) To be
11777	11777	eligible to be a candidate for or to serve as a director, a person
11778	11778	must be:
11779	11779	(1) a resident of the district; and
11780	11780	(2) a qualified voter.
11781	11781	(b) A district employee may not serve as a director. (Acts
11782	11782	71st Leg., R.S., Ch. 199, Sec. 4.06.)
11783	11783	Sec. 1091.055. BOND; RECORD OF BOND. (a) Before assuming
11784	11784	the duties of office, each director must execute a bond for $5,000
11785	11785	that is:
11786	11786	(1) payable to the district; and
11787	11787	(2) conditioned on the faithful performance of the
11788	11788	director's duties.
11789	11789	(b) The board may pay for directors' bonds with district
11790	11790	money.
11791	11791	(c) Each director's bond shall be kept in the district's
11792	11792	permanent records. (Acts 71st Leg., R.S., Ch. 199, Sec. 4.07.)
11793	11793	Sec. 1091.056. BOARD VACANCY. If a vacancy occurs in the
11794	11794	office of director, the remaining directors shall appoint a
11795	11795	director for the unexpired term. (Acts 71st Leg., R.S., Ch. 199,
11796	11796	Sec. 4.08.)
11797	11797	Sec. 1091.057. OFFICERS. (a) The board shall elect a
11798	11798	president and a vice president from among its members.
11799	11799	(b) The board shall appoint a secretary, who need not be a
11800	11800	director.
11801	11801	(c) Each officer of the board serves for a term of one year.
11802	11802	(d) The board shall fill a vacancy in a board office for the
11803	11803	unexpired term. (Acts 71st Leg., R.S., Ch. 199, Secs. 4.09, 4.10.)
11804	11804	Sec. 1091.058. COMPENSATION; EXPENSES. A director or
11805	11805	officer serves without compensation but may be reimbursed for
11806	11806	actual expenses incurred in the performance of official duties.
11807	11807	The expenses must be:
11808	11808	(1) reported in the district's records; and
11809	11809	(2) approved by the board. (Acts 71st Leg., R.S., Ch.
11810	11810	199, Sec. 4.11.)
11811	11811	Sec. 1091.059. VOTING REQUIREMENT. A concurrence of a
11812	11812	majority of the directors voting is necessary in any matter
11813	11813	relating to district business. (Acts 71st Leg., R.S., Ch. 199, Sec.
11814	11814	4.12.)
11815	11815	Sec. 1091.060. DISTRICT ADMINISTRATOR. (a) The board may
11816	11816	appoint a qualified person as district administrator.
11817	11817	(b) The district administrator serves at the will of the
11818	11818	board and is entitled to compensation as determined by the board.
11819	11819	(c) Before assuming the duties of district administrator,
11820	11820	the administrator must execute a bond in an amount determined by the
11821	11821	board of not less than $5,000 that is:
11822	11822	(1) payable to the district; and
11823	11823	(2) conditioned on the faithful performance of the
11824	11824	administrator's duties under this chapter.
11825	11825	(d) The board may pay for the bond with district money.
11826	11826	(Acts 71st Leg., R.S., Ch. 199, Secs. 4.13(a) (part), (b) (part),
11827	11827	(c) (part), (d).)
11828	11828	Sec. 1091.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
11829	11829	Subject to the limitations prescribed by the board, the district
11830	11830	administrator shall:
11831	11831	(1) supervise the work and activities of the district;
11832	11832	and
11833	11833	(2) direct the general affairs of the district. (Acts
11834	11834	71st Leg., R.S., Ch. 199, Sec. 4.16.)
11835	11835	Sec. 1091.062. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
11836	11836	(a) The board may appoint qualified persons as:
11837	11837	(1) the assistant district administrator; and
11838	11838	(2) the attorney for the district.
11839	11839	(b) The assistant district administrator and the attorney
11840	11840	for the district serve at the will of the board and are entitled to
11841	11841	compensation as determined by the board. (Acts 71st Leg., R.S., Ch.
11842	11842	199, Secs. 4.13(a) (part), (b) (part), (c) (part).)
11843	11843	Sec. 1091.063. APPOINTMENT AND RECRUITMENT OF STAFF AND
11844	11844	EMPLOYEES. (a) The board may:
11845	11845	(1) appoint to the staff any doctors whose appointment
11846	11846	the board considers necessary for the efficient operation of the
11847	11847	district;
11848	11848	(2) make temporary appointments as the board considers
11849	11849	necessary; and
11850	11850	(3) after due process remove from the medical staff
11851	11851	any doctor whose removal the board considers necessary for the
11852	11852	efficient operation of the district.
11853	11853	(b) The district may employ technicians, nurses, fiscal
11854	11854	agents, accountants, architects, additional attorneys, and other
11855	11855	necessary employees.
11856	11856	(c) The board may delegate to the district administrator the
11857	11857	authority to employ persons for the district.
11858	11858	(d) Except as prohibited by applicable law, the board may
11859	11859	spend money to recruit physicians, nurses, and other personnel.
11860	11860	(Acts 71st Leg., R.S., Ch. 199, Secs. 4.14, 4.15, 5.04(c).)
11861	11861	Sec. 1091.064. RETIREMENT BENEFITS. The board may provide
11862	11862	retirement benefits for district employees by:
11863	11863	(1) establishing or administering a retirement
11864	11864	program; or
11865	11865	(2) participating in:
11866	11866	(A) the Texas County and District Retirement
11867	11867	System; or
11868	11868	(B) another statewide retirement system in which
11869	11869	the district is eligible to participate. (Acts 71st Leg., R.S., Ch.
11870	11870	199, Sec. 4.17.)
11871	11871	[Sections 1091.065-1091.100 reserved for expansion]
11872	11872	SUBCHAPTER C. POWERS AND DUTIES
11873	11873	Sec. 1091.101. DISTRICT RESPONSIBILITY. The district has
11874	11874	full responsibility for:
11875	11875	(1) operating hospital facilities; and
11876	11876	(2) providing medical and hospital care for the
11877	11877	district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 199, Sec.
11878	11878	5.01 (part).)
11879	11879	Sec. 1091.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
11880	11880	The board shall manage, control, and administer the hospital system
11881	11881	and the money and resources of the district. (Acts 71st Leg., R.S.,
11882	11882	Ch. 199, Sec. 5.02.)
11883	11883	Sec. 1091.103. RULES. The board may adopt rules governing:
11884	11884	(1) the operation of the hospital and hospital system;
11885	11885	and
11886	11886	(2) the duties, functions, and responsibilities of
11887	11887	district staff and employees. (Acts 71st Leg., R.S., Ch. 199, Sec.
11888	11888	5.03.)
11889	11889	Sec. 1091.104. PURCHASING AND ACCOUNTING PROCEDURES. The
11890	11890	board may prescribe:
11891	11891	(1) the method of making purchases and expenditures by
11892	11892	and for the district; and
11893	11893	(2) accounting and control procedures for the
11894	11894	district. (Acts 71st Leg., R.S., Ch. 199, Secs. 5.04(a), (b).)
11895	11895	Sec. 1091.105. DISTRICT PROPERTY, FACILITIES, AND
11896	11896	EQUIPMENT. (a) The board shall determine:
11897	11897	(1) the type, number, and location of buildings
11898	11898	required to maintain an adequate hospital system; and
11899	11899	(2) the type of equipment necessary for hospital care.
11900	11900	(b) The board may:
11901	11901	(1) acquire property, including facilities and
11902	11902	equipment, for the district for use in the hospital system; and
11903	11903	(2) mortgage or pledge the property as security for
11904	11904	payment of the purchase price.
11905	11905	(c) The board may lease hospital facilities for the
11906	11906	district.
11907	11907	(d) The board may sell or otherwise dispose of property,
11908	11908	including facilities or equipment, for the district. (Acts 71st
11909	11909	Leg., R.S., Ch. 199, Sec. 5.05.)
11910	11910	Sec. 1091.106. EMINENT DOMAIN. (a) The district may
11911	11911	exercise the power of eminent domain to acquire a fee simple or
11912	11912	other interest in property located in district territory if the
11913	11913	interest is necessary for the district to exercise a right or
11914	11914	authority conferred by this chapter.
11915	11915	(b) The district must exercise the power of eminent domain
11916	11916	in the manner provided by Chapter 21, Property Code, except the
11917	11917	district is not required to deposit in the trial court money or a
11918	11918	bond as provided by Section 21.021(a), Property Code.
11919	11919	(c) In a condemnation proceeding brought by the district,
11920	11920	the district is not required to:
11921	11921	(1) pay in advance or provide a bond or other security
11922	11922	for costs in the trial court;
11923	11923	(2) provide a bond for the issuance of a temporary
11924	11924	restraining order or a temporary injunction; or
11925	11925	(3) provide a bond for costs or a supersedeas bond on
11926	11926	an appeal or petition for review. (Acts 71st Leg., R.S., Ch. 199,
11927	11927	Sec. 5.08.)
11928	11928	Sec. 1091.107. COST OF RELOCATING OR ALTERING PROPERTY. In
11929	11929	exercising the power of eminent domain, if the board requires
11930	11930	relocating, raising, lowering, rerouting, changing the grade of, or
11931	11931	altering the construction of any railroad, highway, pipeline, or
11932	11932	electric transmission and electric distribution, telegraph, or
11933	11933	telephone line, conduit, pole, or facility, the district must bear
11934	11934	the actual cost of relocating, raising, lowering, rerouting,
11935	11935	changing the grade, or altering the construction to provide
11936	11936	comparable replacement, without enhancement of facilities, after
11937	11937	deducting the net salvage value derived from the old facility.
11938	11938	(Acts 71st Leg., R.S., Ch. 199, Sec. 5.09.)
11939	11939	Sec. 1091.108. GIFTS AND ENDOWMENTS. The board may accept
11940	11940	for the district a gift or endowment to be held in trust for any
11941	11941	purpose and under any direction, limitation, or other provision
11942	11942	prescribed in writing by the donor that is consistent with the
11943	11943	proper management of the district. (Acts 71st Leg., R.S., Ch. 199,
11944	11944	Sec. 5.13.)
11945	11945	Sec. 1091.109. CONSTRUCTION CONTRACTS. (a) The board may
11946	11946	enter into construction contracts for the district.
11947	11947	(b) The board may enter into a construction contract that
11948	11948	involves the expenditure of more than the amount provided by
11949	11949	Section 271.024, Local Government Code, only after competitive
11950	11950	bidding as provided by Subchapter B, Chapter 271, Local Government
11951	11951	Code. (Acts 71st Leg., R.S., Ch. 199, Sec. 5.06(a).)
11952	11952	Sec. 1091.110. OPERATING AND MANAGEMENT CONTRACTS. The
11953	11953	board may enter into an operating or management contract for the
11954	11954	district relating to a hospital facility. (Acts 71st Leg., R.S.,
11955	11955	Ch. 199, Sec. 5.07.)
11956	11956	Sec. 1091.111. CONTRACTS FOR SERVICES. (a) The board may
11957	11957	contract with a public or private hospital, a political subdivision
11958	11958	of this state, or a state or federal agency for the district to
11959	11959	provide a mobile emergency medical service or other health care
11960	11960	services needed to provide for the investigatory or welfare needs
11961	11961	of district inhabitants.
11962	11962	(b) The board may contract with any person to receive or
11963	11963	supply the services the board considers necessary for the effective
11964	11964	operation of the district. (Acts 71st Leg., R.S., Ch. 199, Sec.
11965	11965	5.12.)
11966	11966	Sec. 1091.112. PROVISION OF CERTAIN HEALTH SERVICES. The
11967	11967	district may:
11968	11968	(1) operate or provide for the operation of a mobile
11969	11969	emergency medical service; and
11970	11970	(2) operate or provide for home health services,
11971	11971	long-term care, skilled nursing care, intermediate nursing care,
11972	11972	hospice care, or any other reasonable or appropriate medical care
11973	11973	or medical services. (Acts 71st Leg., R.S., Ch. 199, Sec. 5.01
11974	11974	(part).)
11975	11975	Sec. 1091.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) If
11976	11976	an individual who resides in the district is admitted as a patient
11977	11977	to a district facility, the district administrator may have an
11978	11978	inquiry made into the financial circumstances of:
11979	11979	(1) the patient; and
11980	11980	(2) a relative of the patient who is legally
11981	11981	responsible for the patient's support.
11982	11982	(b) To the extent that the patient or a relative of the
11983	11983	patient who is legally responsible for the patient's support cannot
11984	11984	pay for care and treatment provided by the district, the district
11985	11985	shall supply the care and treatment without charging the patient or
11986	11986	the patient's relative.
11987	11987	(c) On determining that the patient or a relative legally
11988	11988	responsible for the patient's support can pay for all or part of the
11989	11989	care and treatment provided by the district, the district
11990	11990	administrator shall report that determination to the board, and the
11991	11991	board shall issue an order directing the patient or the relative to
11992	11992	pay the district a specified amount each week. The amount must be
11993	11993	based on the individual's ability to pay.
11994	11994	(d) The district administrator may collect money owed to the
11995	11995	district from the patient's estate or from that of a relative
11996	11996	legally responsible for the patient's support in the manner
11997	11997	provided by law for the collection of expenses in the last illness
11998	11998	of a deceased person.
11999	11999	(e) If there is a dispute relating to an individual's
12000	12000	ability to pay or if the district administrator has any doubt
12001	12001	concerning an individual's ability to pay, the board shall:
12002	12002	(1) call witnesses;
12003	12003	(2) hear and resolve the question; and
12004	12004	(3) issue a final order.
12005	12005	(f) A final order of the board may be appealed only to a
12006	12006	district court in Colorado County. The substantial evidence rule
12007	12007	applies to the appeal. (Acts 71st Leg., R.S., Ch. 199, Secs.
12008	12008	5.10(b), (c), (d), (e), (f).)
12009	12009	Sec. 1091.114. REIMBURSEMENT FOR SERVICES. (a) The board
12010	12010	shall require a county, municipality, or public hospital located
12011	12011	outside the district to reimburse the district for the district's
12012	12012	care and treatment of a sick or injured person of that county,
12013	12013	municipality, or public hospital, as provided by Chapter 61, Health
12014	12014	and Safety Code.
12015	12015	(b) The board shall require the sheriff of Colorado County
12016	12016	or the police chief of the City of Eagle Lake, as applicable, to
12017	12017	reimburse the district for the district's care and treatment of a
12018	12018	person who is confined in a jail facility of Colorado County or the
12019	12019	City of Eagle Lake and is not a district resident.
12020	12020	(c) The board may contract with the state or federal
12021	12021	government for that government to reimburse the district for
12022	12022	treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch.
12023	12023	199, Sec. 5.11.)
12024	12024	Sec. 1091.115. AUTHORITY TO SUE AND BE SUED. The board may
12025	12025	sue and be sued on behalf of the district. (Acts 71st Leg., R.S.,
12026	12026	Ch. 199, Sec. 5.14.)
12027	12027	[Sections 1091.116-1091.150 reserved for expansion]
12028	12028	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12029	12029	Sec. 1091.151. BUDGET. (a) The district administrator
12030	12030	shall prepare a proposed annual budget for the district.
12031	12031	(b) The proposed budget must contain a complete financial
12032	12032	statement, including a statement of:
12033	12033	(1) the outstanding obligations of the district;
12034	12034	(2) the amount of cash on hand to the credit of each
12035	12035	district fund;
12036	12036	(3) the amount of money received by the district from
12037	12037	all sources during the previous year;
12038	12038	(4) the amount of money available to the district from
12039	12039	all sources during the ensuing year;
12040	12040	(5) the amount of the balances expected at the end of
12041	12041	the year in which the budget is being prepared;
12042	12042	(6) the estimated amount of revenue and balances
12043	12043	available to cover the proposed budget; and
12044	12044	(7) the estimated tax rate to be required. (Acts 71st
12045	12045	Leg., R.S., Ch. 199, Sec. 6.04.)
12046	12046	Sec. 1091.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
12047	12047	The board shall hold a public hearing on the proposed annual budget.
12048	12048	(b) Not later than the 10th day before the date of the
12049	12049	hearing the board shall publish notice of the hearing in a newspaper
12050	12050	of general circulation in the district.
12051	12051	(c) Any district resident is entitled to be present and
12052	12052	participate at the hearing.
12053	12053	(d) At the conclusion of the hearing, the board shall adopt
12054	12054	a budget by acting on the budget proposed by the district
12055	12055	administrator. The board may make any changes in the proposed
12056	12056	budget that the board judges to be in the interests of the
12057	12057	taxpayers.
12058	12058	(e) The budget is effective only after adoption by the
12059	12059	board. (Acts 71st Leg., R.S., Ch. 199, Sec. 6.05.)
12060	12060	Sec. 1091.153. AMENDMENTS TO BUDGET. After the annual
12061	12061	budget is adopted, the budget may be amended on the board's
12062	12062	approval. (Acts 71st Leg., R.S., Ch. 199, Sec. 6.06.)
12063	12063	Sec. 1091.154. FISCAL YEAR. (a) The district operates
12064	12064	according to a fiscal year established by the board.
12065	12065	(b) The fiscal year may not be changed:
12066	12066	(1) during a period that revenue bonds of the district
12067	12067	are outstanding; or
12068	12068	(2) more than once in a 24-month period. (Acts 71st
12069	12069	Leg., R.S., Ch. 199, Sec. 6.01.)
12070	12070	Sec. 1091.155. ANNUAL AUDIT. The board annually shall have
12071	12071	an audit made of the district's financial condition. (Acts 71st
12072	12072	Leg., R.S., Ch. 199, Sec. 6.02.)
12073	12073	Sec. 1091.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
12074	12074	RECORDS. The annual audit and other district records are open to
12075	12075	inspection during regular business hours at the district's
12076	12076	principal office. (Acts 71st Leg., R.S., Ch. 199, Sec. 6.03.)
12077	12077	Sec. 1091.157. FINANCIAL REPORT. As soon as practicable
12078	12078	after the close of the fiscal year, the district administrator
12079	12079	shall prepare for the board:
12080	12080	(1) a sworn statement of the amount of district money;
12081	12081	and
12082	12082	(2) an account of the disbursements of that money.
12083	12083	(Acts 71st Leg., R.S., Ch. 199, Sec. 6.08.)
12084	12084	Sec. 1091.158. SHORT-TERM FINANCING. The district may
12085	12085	borrow money through short-term financing. (Acts 71st Leg., R.S.,
12086	12086	Ch. 199, Sec. 6.07.)
12087	12087	Sec. 1091.159. DEPOSITORY. (a) The board shall select at
12088	12088	least one bank to serve as a depository for district money.
12089	12089	(b) District money, other than money invested as provided by
12090	12090	Section 1091.160(b) and money transmitted to a bank for payment of
12091	12091	bonds or obligations issued or assumed by the district, shall be
12092	12092	deposited as received with the depository bank and must remain on
12093	12093	deposit. This subsection does not limit the power of the board to
12094	12094	place a part of district money on time deposit or to purchase
12095	12095	certificates of deposit.
12096	12096	(c) The district may not deposit money with a bank in an
12097	12097	amount that exceeds the maximum amount secured by the Federal
12098	12098	Deposit Insurance Corporation unless the bank first executes a bond
12099	12099	or other security in an amount sufficient to secure from loss the
12100	12100	district money that exceeds the amount secured by the Federal
12101	12101	Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 199,
12102	12102	Sec. 6.10.)
12103	12103	Sec. 1091.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
12104	12104	Except as provided by Sections 1091.109, 1091.201, 1091.204, and
12105	12105	1091.205, the district may not incur a debt payable from district
12106	12106	revenue other than the revenue on hand or to be on hand in the
12107	12107	current fiscal year and the immediately following fiscal year of
12108	12108	the district.
12109	12109	(b) The board may invest operating, depreciation, or
12110	12110	building reserves only in funds or securities specified by Chapter
12111	12111	2256, Government Code. (Acts 71st Leg., R.S., Ch. 199, Sec. 6.09.)
12112	12112	[Sections 1091.161-1091.200 reserved for expansion]
12113	12113	SUBCHAPTER E. BONDS
12114	12114	Sec. 1091.201. GENERAL OBLIGATION BONDS. If authorized by
12115	12115	an election, the board may issue and sell general obligation bonds
12116	12116	in the name and on the faith and credit of the district to:
12117	12117	(1) purchase, construct, acquire, repair, or renovate
12118	12118	buildings or improvements;
12119	12119	(2) equip buildings or improvements for hospital
12120	12120	purposes; or
12121	12121	(3) acquire and operate a mobile emergency medical
12122	12122	service. (Acts 71st Leg., R.S., Ch. 199, Sec. 7.01.)
12123	12123	Sec. 1091.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
12124	12124	the time general obligation bonds are issued by the district under
12125	12125	Section 1091.201, the board shall impose an ad valorem tax at a rate
12126	12126	sufficient to create an interest and sinking fund to pay the
12127	12127	principal of and interest on the bonds as the bonds mature.
12128	12128	(b) The tax required by this section together with any other
12129	12129	ad valorem tax the district imposes may not in any year exceed the
12130	12130	limit approved by the voters at the election authorizing the
12131	12131	imposition of the tax. (Acts 71st Leg., R.S., Ch. 199, Sec. 7.02.)
12132	12132	Sec. 1091.203. GENERAL OBLIGATION BOND ELECTION. (a) The
12133	12133	district may issue general obligation bonds only if the bonds are
12134	12134	authorized by a majority of the district voters voting at an
12135	12135	election held for that purpose.
12136	12136	(b) The board may order a bond election. The order calling
12137	12137	the election must specify:
12138	12138	(1) the nature and date of the election;
12139	12139	(2) the hours during which the polls will be open;
12140	12140	(3) the location of the polling places;
12141	12141	(4) the amount of the bonds to be authorized; and
12142	12142	(5) the maximum maturity of the bonds.
12143	12143	(c) Notice of a bond election shall be given as provided by
12144	12144	Section 1251.003, Government Code.
12145	12145	(d) The board shall declare the results of the election.
12146	12146	(Acts 71st Leg., R.S., Ch. 199, Sec. 7.03.)
12147	12147	Sec. 1091.204. REVENUE BONDS. (a) The board may issue
12148	12148	revenue bonds to:
12149	12149	(1) purchase, construct, acquire, repair, equip, or
12150	12150	renovate buildings or improvements for hospital purposes;
12151	12151	(2) acquire sites to be used for hospital purposes; or
12152	12152	(3) acquire and operate a mobile emergency medical
12153	12153	service to assist the district in carrying out its hospital
12154	12154	purposes.
12155	12155	(b) The bonds must be payable from and secured by a pledge of
12156	12156	all or part of the revenue derived from the operation of the
12157	12157	district's hospital system.
12158	12158	(c) The bonds may be additionally secured by a mortgage or
12159	12159	deed of trust lien on all or part of district property.
12160	12160	(d) The bonds must be issued in the manner provided by
12161	12161	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
12162	12162	Health and Safety Code, for issuance of revenue bonds by a county
12163	12163	hospital authority. (Acts 71st Leg., R.S., Ch. 199, Sec. 7.04.)
12164	12164	Sec. 1091.205. REFUNDING BONDS. (a) The board may issue
12165	12165	refunding bonds to refund outstanding indebtedness issued or
12166	12166	assumed by the district.
12167	12167	(b) Refunding bonds may be:
12168	12168	(1) sold, with the proceeds of the refunding bonds
12169	12169	applied to the payment of the outstanding indebtedness; or
12170	12170	(2) exchanged wholly or partly for not less than a
12171	12171	similar principal amount of outstanding indebtedness. (Acts 71st
12172	12172	Leg., R.S., Ch. 199, Secs. 7.05(a), (c) (part).)
12173	12173	Sec. 1091.206. MATURITY OF BONDS. District bonds must
12174	12174	mature not later than 50 years after the date of issuance. (Acts
12175	12175	71st Leg., R.S., Ch. 199, Sec. 7.06 (part).)
12176	12176	Sec. 1091.207. EXECUTION OF BONDS. (a) The board president
12177	12177	shall execute the district's bonds in the district's name.
12178	12178	(b) The board secretary shall countersign the bonds in the
12179	12179	manner provided by Chapter 618, Government Code. (Acts 71st Leg.,
12180	12180	R.S., Ch. 199, Sec. 7.07.)
12181	12181	Sec. 1091.208. BONDS EXEMPT FROM TAXATION. The following
12182	12182	are exempt from taxation by this state or a political subdivision of
12183	12183	this state:
12184	12184	(1) bonds issued by the district;
12185	12185	(2) any transaction relating to the bonds; and
12186	12186	(3) profits made in the sale of the bonds. (Acts 71st
12187	12187	Leg., R.S., Ch. 199, Sec. 7.11 (part).)
12188	12188	[Sections 1091.209-1091.250 reserved for expansion]
12189	12189	SUBCHAPTER F. TAXES
12190	12190	Sec. 1091.251. IMPOSITION OF AD VALOREM TAX. (a) The board
12191	12191	may impose a tax on all property in the district subject to district
12192	12192	taxation.
12193	12193	(b) The tax may be used to pay:
12194	12194	(1) indebtedness issued or assumed by the district;
12195	12195	and
12196	12196	(2) the maintenance and operating expenses of the
12197	12197	district. (Acts 71st Leg., R.S., Ch. 199, Secs. 8.01(a) (part),
12198	12198	(c), 8.02(b).)
12199	12199	Sec. 1091.252. TAX RATE. (a) The board may impose the tax
12200	12200	at a rate not to exceed the limit approved by the voters at the
12201	12201	election authorizing the imposition of the tax.
12202	12202	(b) The tax rate for all purposes may not exceed 75 cents on
12203	12203	each $100 valuation of all taxable property in the district.
12204	12204	(c) In setting the tax rate, the board shall consider the
12205	12205	income of the district from sources other than taxation. (Acts 71st
12206	12206	Leg., R.S., Ch. 199, Secs. 8.01(a) (part), (b), 8.03 (part).)
12207	12207	Sec. 1091.253. TAX ASSESSOR-COLLECTOR. The board may
12208	12208	provide for the appointment of a tax assessor-collector for the
12209	12209	district or may contract for the assessment and collection of taxes
12210	12210	as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 199, Sec.
12211	12211	8.04(b).)
12212	12212	[Sections 1091.254-1091.300 reserved for expansion]
12213	12213	SUBCHAPTER G. DISSOLUTION
12214	12214	Sec. 1091.301. DISSOLUTION; ELECTION. (a) The district
12215	12215	may be dissolved and the district's assets and liabilities sold or
12216	12216	transferred to another person only on approval of a majority of the
12217	12217	district voters voting in an election held for that purpose.
12218	12218	(b) A majority of the directors of the district may order an
12219	12219	election on the question of dissolution of the district and the
12220	12220	transfer of the district's assets and liabilities.
12221	12221	(c) The board shall order an election under this section if
12222	12222	the board receives a petition requesting an election that is signed
12223	12223	by at least 300 registered district voters according to the most
12224	12224	recent official list of registered voters. The board shall call the
12225	12225	election not later than the 60th day after the date the petition is
12226	12226	presented to the district.
12227	12227	(d) An order calling an election under this section must
12228	12228	state:
12229	12229	(1) the nature of the election, including the
12230	12230	proposition to appear on the ballot;
12231	12231	(2) the date of the election;
12232	12232	(3) the hours during which the polls will be open; and
12233	12233	(4) the location of the polling places.
12234	12234	(e) Section 41.001(a), Election Code, does not apply to an
12235	12235	election ordered under this section. (Acts 71st Leg., R.S., Ch.
12236	12236	199, Secs. 9.01, 9.02, 9.03, 9.05(b).)
12237	12237	Sec. 1091.302. NOTICE OF ELECTION. (a) The board shall
12238	12238	give notice of an election under this subchapter by publishing once
12239	12239	a week for two consecutive weeks a substantial copy of the election
12240	12240	order in a newspaper with general circulation in the district.
12241	12241	(b) The first publication of the notice must appear at least
12242	12242	35 days before the date set for the election. (Acts 71st Leg.,
12243	12243	R.S., Ch. 199, Sec. 9.04.)
12244	12244	Sec. 1091.303. BALLOT. The ballot for an election under
12245	12245	this subchapter must be printed to permit voting for or against the
12246	12246	proposition: "The dissolution of the Rice Hospital District and
12247	12247	the sale or transfer of its assets and liabilities in the following
12248	12248	manner: ____________ (insert provisions for transfer)." (Acts
12249	12249	71st Leg., R.S., Ch. 199, Sec. 9.06.)
12250	12250	Sec. 1091.304. ELECTION RESULTS. (a) If the board finds
12251	12251	that the election results favor the proposition to dissolve the
12252	12252	district, the board shall:
12253	12253	(1) issue an order declaring the district dissolved;
12254	12254	and
12255	12255	(2) proceed with the sale or transfer of the district's
12256	12256	assets and liabilities according to the plan proposed on the
12257	12257	ballot.
12258	12258	(b) If the board finds that the election results do not
12259	12259	favor the proposition to dissolve the district, another dissolution
12260	12260	election may not be held before the first anniversary of the date of
12261	12261	the election in which the voters disapproved the proposition.
12262	12262	(Acts 71st Leg., R.S., Ch. 199, Secs. 9.07(b), (c).)
12263	12263	Sec. 1091.305. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
12264	12264	(a) Notwithstanding any other provision of this subchapter, the
12265	12265	district may not be dissolved unless the board provides for the sale
12266	12266	or transfer of the district's assets and liabilities to another
12267	12267	person.
12268	12268	(b) The dissolution of the district and the sale or transfer
12269	12269	of the district's assets or liabilities may not:
12270	12270	(1) contravene a trust indenture or bond resolution
12271	12271	relating to the district's outstanding bonds; or
12272	12272	(2) diminish or impair the rights of a holder of an
12273	12273	outstanding bond, warrant, or other obligation of the district.
12274	12274	(c) The sale or transfer of the district's assets and
12275	12275	liabilities must satisfy the debt and bond obligations of the
12276	12276	district in a manner that protects the interests of district
12277	12277	citizens, including the citizens' collective property rights in the
12278	12278	district's assets.
12279	12279	(d) The district may transfer or sell the district's assets
12280	12280	only for due compensation, unless the transfer is made to another
12281	12281	governmental agency embracing the district and using the
12282	12282	transferred assets for the benefit of the citizens formerly in the
12283	12283	district.
12284	12284	(e) A grant from federal funds is an obligation to be repaid
12285	12285	in satisfaction. (Acts 71st Leg., R.S., Ch. 199, Sec. 9.08.)
12286	12286	CHAPTER 1092. SABINE COUNTY HOSPITAL DISTRICT OF SABINE COUNTY, TEXAS
12287	12287	TEXAS
12288	12288	SUBCHAPTER A. GENERAL PROVISIONS
12289	12289	Sec. 1092.001. DEFINITIONS
12290	12290	Sec. 1092.002. AUTHORITY FOR CREATION
12291	12291	Sec. 1092.003. DISTRICT TERRITORY
12292	12292	Sec. 1092.004. DISTRICT SUPPORT AND MAINTENANCE NOT
12293	12293	STATE OBLIGATION
12294	12294	Sec. 1092.005. RESTRICTION ON STATE FINANCIAL
12295	12295	ASSISTANCE
12296	12296	[Sections 1092.006-1092.050 reserved for expansion]
12297	12297	SUBCHAPTER B. DISTRICT ADMINISTRATION
12298	12298	Sec. 1092.051. BOARD ELECTION; TERM
12299	12299	Sec. 1092.052. QUALIFICATIONS FOR OFFICE
12300	12300	Sec. 1092.053. BOND; RECORD OF BOND AND OATH OR
12301	12301	AFFIRMATION OF OFFICE
12302	12302	Sec. 1092.054. BOARD VACANCY
12303	12303	Sec. 1092.055. OFFICERS
12304	12304	Sec. 1092.056. COMPENSATION; EXPENSES
12305	12305	Sec. 1092.057. DISTRICT ADMINISTRATOR
12306	12306	Sec. 1092.058. EMPLOYEES
12307	12307	Sec. 1092.059. MAINTENANCE OF RECORDS; PUBLIC
12308	12308	INSPECTION
12309	12309	[Sections 1092.060-1092.100 reserved for expansion]
12310	12310	SUBCHAPTER C. POWERS AND DUTIES
12311	12311	Sec. 1092.101. DISTRICT RESPONSIBILITY
12312	12312	Sec. 1092.102. RESTRICTION ON POLITICAL SUBDIVISION
12313	12313	TAXATION AND DEBT
12314	12314	Sec. 1092.103. MANAGEMENT AND CONTROL OF DISTRICT
12315	12315	Sec. 1092.104. HOSPITAL SYSTEM
12316	12316	Sec. 1092.105. RULES
12317	12317	Sec. 1092.106. PURCHASING AND ACCOUNTING PROCEDURES
12318	12318	Sec. 1092.107. EMINENT DOMAIN
12319	12319	Sec. 1092.108. GIFTS AND ENDOWMENTS
12320	12320	Sec. 1092.109. CONTRACTS FOR HOSPITAL AND MEDICAL CARE
12321	12321	Sec. 1092.110. PAYMENT FOR TREATMENT; PROCEDURES
12322	12322	[Sections 1092.111-1092.150 reserved for expansion]
12323	12323	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12324	12324	Sec. 1092.151. BUDGET
12325	12325	Sec. 1092.152. PROPOSED BUDGET: NOTICE AND HEARING
12326	12326	Sec. 1092.153. FISCAL YEAR
12327	12327	Sec. 1092.154. ANNUAL AUDIT
12328	12328	Sec. 1092.155. DEPOSITORY
12329	12329	[Sections 1092.156-1092.200 reserved for expansion]
12330	12330	SUBCHAPTER E. BONDS
12331	12331	Sec. 1092.201. BONDS
12332	12332	Sec. 1092.202. TAX TO PAY BONDS
12333	12333	Sec. 1092.203. BOND ELECTION
12334	12334	Sec. 1092.204. MATURITY OF BONDS
12335	12335	Sec. 1092.205. EXECUTION OF BONDS
12336	12336	[Sections 1092.206-1092.250 reserved for expansion]
12337	12337	SUBCHAPTER F. TAXES
12338	12338	Sec. 1092.251. IMPOSITION OF AD VALOREM TAX
12339	12339	Sec. 1092.252. TAX RATE
12340	12340	Sec. 1092.253. TAX ASSESSOR-COLLECTOR
12341	12341	CHAPTER 1092. SABINE COUNTY HOSPITAL DISTRICT OF SABINE COUNTY,
12342	12342	TEXAS
12343	12343	SUBCHAPTER A. GENERAL PROVISIONS
12344	12344	Sec. 1092.001. DEFINITIONS. In this chapter:
12345	12345	(1) "Board" means the board of directors of the
12346	12346	district.
12347	12347	(2) "Director" means a member of the board.
12348	12348	(3) "District" means the Sabine County Hospital
12349	12349	District of Sabine County, Texas. (New.)
12350	12350	Sec. 1092.002. AUTHORITY FOR CREATION. The Sabine County
12351	12351	Hospital District of Sabine County, Texas, is created under the
12352	12352	authority of Section 9, Article IX, Texas Constitution. (Acts 64th
12353	12353	Leg., R.S., Ch. 565, Sec. 1.)
12354	12354	Sec. 1092.003. DISTRICT TERRITORY. The boundaries of the
12355	12355	district are coextensive with the boundaries of Sabine County,
12356	12356	Texas. (Acts 64th Leg., R.S., Ch. 565, Sec. 2.)
12357	12357	Sec. 1092.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
12358	12358	OBLIGATION. The support and maintenance of the district's hospital
12359	12359	system and any indebtedness incurred by the district under this
12360	12360	chapter may not become a charge against or obligation of this state.
12361	12361	(Acts 64th Leg., R.S., Ch. 565, Sec. 18 (part).)
12362	12362	Sec. 1092.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
12363	12363	The legislature may not make a direct appropriation for the
12364	12364	construction, maintenance, or improvement of a district facility.
12365	12365	(Acts 64th Leg., R.S., Ch. 565, Sec. 18 (part).)
12366	12366	[Sections 1092.006-1092.050 reserved for expansion]
12367	12367	SUBCHAPTER B. DISTRICT ADMINISTRATION
12368	12368	Sec. 1092.051. BOARD ELECTION; TERM. (a) The board
12369	12369	consists of five directors.
12370	12370	(b) One director is elected from each county commissioners
12371	12371	precinct and one director is elected from the district at large.
12372	12372	(c) Unless four-year terms are established under Section
12373	12373	285.081, Health and Safety Code:
12374	12374	(1) directors serve staggered two-year terms;
12375	12375	(2) a directors' election shall be held each year to
12376	12376	elect the appropriate number of directors; and
12377	12377	(3) the terms of directors elected from county
12378	12378	commissioners precincts one and three expire in even-numbered years
12379	12379	and the terms of directors elected from county commissioners
12380	12380	precincts two and four and from the district at large expire in
12381	12381	odd-numbered years. (Acts 64th Leg., R.S., Ch. 565, Secs. 5(a),
12382	12382	(e), (f) (part), (g).)
12383	12383	Sec. 1092.052. QUALIFICATIONS FOR OFFICE. To qualify for
12384	12384	election to the board, a person must:
12385	12385	(1) be at least 21 years of age;
12386	12386	(2) have been a resident of the district for at least
12387	12387	two years;
12388	12388	(3) have been a resident of the county commissioners
12389	12389	precinct for at least six months if the person seeks to represent a
12390	12390	county commissioners precinct position; and
12391	12391	(4) be a qualified voter of the district. (Acts 64th
12392	12392	Leg., R.S., Ch. 565, Sec. 5(b).)
12393	12393	Sec. 1092.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
12394	12394	OF OFFICE. (a) Each director shall qualify for office by executing
12395	12395	a good and sufficient commercial bond for $1,000 that is:
12396	12396	(1) payable to the district; and
12397	12397	(2) conditioned on the faithful performance of the
12398	12398	director's duties.
12399	12399	(b) The district shall pay for a director's bond.
12400	12400	(c) Each director's bond and constitutional oath or
12401	12401	affirmation of office shall be deposited with the district's
12402	12402	depository for safekeeping. (Acts 64th Leg., R.S., Ch. 565, Sec.
12403	12403	6(a).)
12404	12404	Sec. 1092.054. BOARD VACANCY. If a vacancy occurs in the
12405	12405	office of director, a majority of the directors shall appoint a
12406	12406	director for the unexpired term. (Acts 64th Leg., R.S., Ch. 565,
12407	12407	Sec. 5(h).)
12408	12408	Sec. 1092.055. OFFICERS. The board shall elect from among
12409	12409	its members a president, a secretary, and a treasurer at the first
12410	12410	board meeting held after a directors' election. (Acts 64th Leg.,
12411	12411	R.S., Ch. 565, Sec. 6(b).)
12412	12412	Sec. 1092.056. COMPENSATION; EXPENSES. A director serves
12413	12413	without compensation but is entitled to reimbursement for necessary
12414	12414	expenses incurred in the performance of official duties. (Acts
12415	12415	64th Leg., R.S., Ch. 565, Sec. 6(c).)
12416	12416	Sec. 1092.057. DISTRICT ADMINISTRATOR. (a) The board may
12417	12417	employ a district administrator to manage the operations of the
12418	12418	hospital system.
12419	12419	(b) The district administrator may employ necessary
12420	12420	personnel to perform the services provided by the hospital system.
12421	12421	(Acts 64th Leg., R.S., Ch. 565, Sec. 12(e) (part).)
12422	12422	Sec. 1092.058. EMPLOYEES. The board may employ an
12423	12423	attorney, a general manager, a bookkeeper, an architect, and other
12424	12424	employees necessary for the efficient operation of the district.
12425	12425	(Acts 64th Leg., R.S., Ch. 565, Sec. 12(e) (part).)
12426	12426	Sec. 1092.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
12427	12427	The board shall:
12428	12428	(1) maintain all district records, including books,
12429	12429	accounts, notices, minutes, and other matters of the district and
12430	12430	its operations, at the district office; and
12431	12431	(2) make those records available for public inspection
12432	12432	at reasonable times. (Acts 64th Leg., R.S., Ch. 565, Sec. 12(b).)
12433	12433	[Sections 1092.060-1092.100 reserved for expansion]
12434	12434	SUBCHAPTER C. POWERS AND DUTIES
12435	12435	Sec. 1092.101. DISTRICT RESPONSIBILITY. The district shall
12436	12436	provide all necessary hospital and medical care for the district's
12437	12437	needy inhabitants. (Acts 64th Leg., R.S., Ch. 565, Sec. 3 (part).)
12438	12438	Sec. 1092.102. RESTRICTION ON POLITICAL SUBDIVISION
12439	12439	TAXATION AND DEBT. A political subdivision of this state, other
12440	12440	than the district, may not impose a tax or issue bonds or other
12441	12441	obligations to provide hospital service or medical care in the
12442	12442	district. (Acts 64th Leg., R.S., Ch. 565, Sec. 3 (part).)
12443	12443	Sec. 1092.103. MANAGEMENT AND CONTROL OF DISTRICT. The
12444	12444	board has full power to manage and control the district. (Acts 64th
12445	12445	Leg., R.S., Ch. 565, Sec. 12(a) (part).)
12446	12446	Sec. 1092.104. HOSPITAL SYSTEM. The district has the
12447	12447	responsibility to establish a hospital or hospital system within
12448	12448	its boundaries to provide hospital and medical care to the
12449	12449	district's residents. (Acts 64th Leg., R.S., Ch. 565, Sec. 3
12450	12450	(part).)
12451	12451	Sec. 1092.105. RULES. (a) The board shall adopt rules for
12452	12452	the efficient operation of the district, including district
12453	12453	facilities.
12454	12454	(b) The board shall:
12455	12455	(1) publish the rules in book form; and
12456	12456	(2) provide copies to interested persons on request at
12457	12457	district expense. (Acts 64th Leg., R.S., Ch. 565, Sec. 12(c).)
12458	12458	Sec. 1092.106. PURCHASING AND ACCOUNTING PROCEDURES. The
12459	12459	board may prescribe the method of making purchases and expenditures
12460	12460	and the manner of accounting and control used by the district.
12461	12461	(Acts 64th Leg., R.S., Ch. 565, Sec. 12(e) (part).)
12462	12462	Sec. 1092.107. EMINENT DOMAIN. (a) The district may
12463	12463	exercise the power of eminent domain to acquire a fee simple or
12464	12464	other interest in real, personal, or mixed property located in
12465	12465	district territory if the interest is necessary or convenient for
12466	12466	the district to exercise a power or duty conferred on the district
12467	12467	by this chapter.
12468	12468	(b) The district must exercise the power of eminent domain
12469	12469	in the manner provided by Chapter 21, Property Code, except the
12470	12470	district is not required to deposit in the trial court money or a
12471	12471	bond as provided by Section 21.021(a), Property Code.
12472	12472	(c) In a condemnation proceeding, the district is not
12473	12473	required to:
12474	12474	(1) pay in advance or provide a bond or other security
12475	12475	for costs in the trial court; or
12476	12476	(2) provide a bond for costs or a supersedeas bond on
12477	12477	an appeal or petition for review. (Acts 64th Leg., R.S., Ch. 565,
12478	12478	Sec. 15.)
12479	12479	Sec. 1092.108. GIFTS AND ENDOWMENTS. The board may accept
12480	12480	for the district a gift or endowment to be held in trust and
12481	12481	administered by the board under the directions, limitations, or
12482	12482	other provisions prescribed in writing by the donor that are not
12483	12483	inconsistent with the proper management of the district. (Acts
12484	12484	64th Leg., R.S., Ch. 565, Sec. 12(f).)
12485	12485	Sec. 1092.109. CONTRACTS FOR HOSPITAL AND MEDICAL CARE.
12486	12486	The board may contract with another political subdivision to
12487	12487	provide hospital and medical care for needy persons who reside
12488	12488	outside the district. (Acts 64th Leg., R.S., Ch. 565, Sec. 12(g).)
12489	12489	Sec. 1092.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) A
12490	12490	person who resides in the district is entitled to receive necessary
12491	12491	medical and hospital care regardless of whether the person has the
12492	12492	ability to pay for the care and may apply to receive this care
12493	12493	without cost.
12494	12494	(b) The board or the district administrator shall employ a
12495	12495	person to investigate the ability of the patient and any relative
12496	12496	who is liable for the patient's support to pay for the medical and
12497	12497	hospital care received by the patient.
12498	12498	(c) If the investigator determines that the patient or
12499	12499	relative legally liable for the patient's support cannot pay all or
12500	12500	part of the costs of the patient's care, the expense of the care
12501	12501	becomes a charge against the district.
12502	12502	(d) If the patient or a relative legally liable for the
12503	12503	patient's support can pay for all or part of the costs of the
12504	12504	patient's care, the board shall order the patient or relative to pay
12505	12505	the treasurer each week an amount specified in the order, which must
12506	12506	be proportionate to the person's ability to pay.
12507	12507	(e) The district may collect the amount from the patient's
12508	12508	estate, or from any relative who is liable for the patient's
12509	12509	support, in the manner provided by law for the collection of
12510	12510	expenses of the last illness of a deceased person.
12511	12511	(f) If there is a dispute as to the ability to pay, or doubt
12512	12512	in the mind of the investigator, the board shall hold a hearing and,
12513	12513	after calling witnesses, shall:
12514	12514	(1) determine the question; and
12515	12515	(2) make the proper order based on the board's
12516	12516	findings.
12517	12517	(g) A party to the hearing who is not satisfied with the
12518	12518	result of the order may appeal to the district court. The appeal is
12519	12519	de novo. (Acts 64th Leg., R.S., Ch. 565, Sec. 14.)
12520	12520	[Sections 1092.111-1092.150 reserved for expansion]
12521	12521	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12522	12522	Sec. 1092.151. BUDGET. The board shall prepare a budget
12523	12523	that includes:
12524	12524	(1) proposed expenditures and disbursements;
12525	12525	(2) estimated receipts and collections for the next
12526	12526	fiscal year; and
12527	12527	(3) the amount of taxes required to be imposed to meet
12528	12528	the proposed budget. (Acts 64th Leg., R.S., Ch. 565, Sec. 13(b).)
12529	12529	Sec. 1092.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
12530	12530	The board shall hold a public hearing on the proposed budget.
12531	12531	(b) Notice of the hearing must be published at least once in
12532	12532	a newspaper of general circulation in the district not later than
12533	12533	the 11th day before the date of the hearing.
12534	12534	(c) Any person who owns taxable property in the district and
12535	12535	has duly rendered that property for taxation is entitled to:
12536	12536	(1) appear at the hearing; and
12537	12537	(2) be heard regarding any item in the proposed
12538	12538	budget. (Acts 64th Leg., R.S., Ch. 565, Secs. 13(c), (d).)
12539	12539	Sec. 1092.153. FISCAL YEAR. The district's fiscal year is
12540	12540	from January 1 to December 31. (Acts 64th Leg., R.S., Ch. 565, Sec.
12541	12541	13(a).)
12542	12542	Sec. 1092.154. ANNUAL AUDIT. (a) The board annually shall
12543	12543	require an independent audit of the district's books and records.
12544	12544	(b) Not later than December 1 of each year, the board shall
12545	12545	file a copy of the audit with:
12546	12546	(1) the comptroller; and
12547	12547	(2) the district. (Acts 64th Leg., R.S., Ch. 565, Sec.
12548	12548	12(d).)
12549	12549	Sec. 1092.155. DEPOSITORY. (a) The board by resolution
12550	12550	shall designate a bank in Sabine County as the district's
12551	12551	depository. A designated bank serves for two years and until a
12552	12552	successor is designated.
12553	12553	(b) All district money shall be deposited in the depository
12554	12554	and secured in the manner provided for securing county funds. (Acts
12555	12555	64th Leg., R.S., Ch. 565, Sec. 16.)
12556	12556	[Sections 1092.156-1092.200 reserved for expansion]
12557	12557	SUBCHAPTER E. BONDS
12558	12558	Sec. 1092.201. BONDS. The district may issue bonds to:
12559	12559	(1) purchase, construct, acquire, repair, or renovate
12560	12560	buildings and improvements; and
12561	12561	(2) equip buildings for hospital purposes. (Acts 64th
12562	12562	Leg., R.S., Ch. 565, Secs. 9(a) (part), 10(a) (part).)
12563	12563	Sec. 1092.202. TAX TO PAY BONDS. The board may issue bonds
12564	12564	under Section 1092.201 only if the board imposes an ad valorem tax
12565	12565	at a rate sufficient to create an interest and sinking fund to pay
12566	12566	the principal of and interest on the bonds as the bonds mature.
12567	12567	(Acts 64th Leg., R.S., Ch. 565, Sec. 10(c).)
12568	12568	Sec. 1092.203. BOND ELECTION. (a) The board may issue
12569	12569	bonds under Section 1092.201 only if the bonds are authorized by a
12570	12570	majority of qualified voters voting in an election held for that
12571	12571	purpose. The total face value of the bonds may not exceed the
12572	12572	amount specified in the election order.
12573	12573	(b) The board may order a bond election at any time.
12574	12574	(c) The order calling the election must include:
12575	12575	(1) the time of the election;
12576	12576	(2) the location of the polling places;
12577	12577	(3) the form of the ballots;
12578	12578	(4) the presiding judge for each polling place;
12579	12579	(5) the purpose of the bond issuance;
12580	12580	(6) the amount of the bonds to be authorized;
12581	12581	(7) the maximum interest rate of the bonds; and
12582	12582	(8) the maximum maturity date of the bonds.
12583	12583	(d) A substantial copy of the election order shall be
12584	12584	published in a newspaper of general circulation in the district
12585	12585	once a week for two consecutive weeks before the date of the
12586	12586	election. The first notice must be published not later than the
12587	12587	15th day before the date of the election.
12588	12588	(e) A copy of the election results must be filed with the
12589	12589	county clerk and become a public record. (Acts 64th Leg., R.S., Ch.
12590	12590	565, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d), 10(a)
12591	12591	(part).)
12592	12592	Sec. 1092.204. MATURITY OF BONDS. District bonds must
12593	12593	mature not later than 40 years after the date of issuance. (Acts
12594	12594	64th Leg., R.S., Ch. 565, Sec. 9(c).)
12595	12595	Sec. 1092.205. EXECUTION OF BONDS. (a) The board president
12596	12596	shall execute the district's bonds in the district's name.
12597	12597	(b) The board secretary shall countersign the bonds. (Acts
12598	12598	64th Leg., R.S., Ch. 565, Sec. 10(b) (part).)
12599	12599	[Sections 1092.206-1092.250 reserved for expansion]
12600	12600	SUBCHAPTER F. TAXES
12601	12601	Sec. 1092.251. IMPOSITION OF AD VALOREM TAX. (a) The board
12602	12602	shall impose a tax on all property in the district subject to
12603	12603	district taxation.
12604	12604	(b) The tax may be used only to:
12605	12605	(1) pay the interest on and create a sinking fund for
12606	12606	bonds issued under this chapter;
12607	12607	(2) provide for the operation and maintenance of the
12608	12608	district and hospital system;
12609	12609	(3) make improvements and additions to the hospital
12610	12610	system; or
12611	12611	(4) acquire sites for additions to the hospital
12612	12612	system. (Acts 64th Leg., R.S., Ch. 565, Secs. 8(a) (part), (c).)
12613	12613	Sec. 1092.252. TAX RATE. The board may impose the tax at a
12614	12614	rate not to exceed 75 cents on each $100 valuation. (Acts 64th
12615	12615	Leg., R.S., Ch. 565, Sec. 8(a) (part).)
12616	12616	Sec. 1092.253. TAX ASSESSOR-COLLECTOR. The Sabine County
12617	12617	tax assessor-collector shall collect taxes for the district. (Acts
12618	12618	64th Leg., R.S., Ch. 565, Sec. 8(d) (part).)
12619	12619	CHAPTER 1093. SAN AUGUSTINE CITY-COUNTY HOSPITAL DISTRICT
12620	12620	SUBCHAPTER A. GENERAL PROVISIONS
12621	12621	Sec. 1093.001. DEFINITIONS
12622	12622	Sec. 1093.002. AUTHORITY FOR OPERATION
12623	12623	Sec. 1093.003. ESSENTIAL PUBLIC FUNCTION
12624	12624	Sec. 1093.004. DISTRICT TERRITORY
12625	12625	Sec. 1093.005. CORRECTION OF INVALID PROCEDURES
12626	12626	Sec. 1093.006. DISTRICT SUPPORT AND MAINTENANCE NOT
12627	12627	STATE OBLIGATION
12628	12628	Sec. 1093.007. RESTRICTION ON STATE FINANCIAL
12629	12629	ASSISTANCE
12630	12630	[Sections 1093.008-1093.050 reserved for expansion]
12631	12631	SUBCHAPTER B. DISTRICT ADMINISTRATION
12632	12632	Sec. 1093.051. BOARD APPOINTMENT; TERM
12633	12633	Sec. 1093.052. QUALIFICATIONS FOR OFFICE
12634	12634	Sec. 1093.053. BOND
12635	12635	Sec. 1093.054. BOARD VACANCY
12636	12636	Sec. 1093.055. OFFICERS
12637	12637	Sec. 1093.056. COMPENSATION; EXPENSES
12638	12638	Sec. 1093.057. VOTING REQUIREMENT
12639	12639	Sec. 1093.058. DISTRICT ADMINISTRATOR; ASSISTANT
12640	12640	ADMINISTRATOR
12641	12641	Sec. 1093.059. GENERAL DUTIES OF DISTRICT
12642	12642	ADMINISTRATOR
12643	12643	Sec. 1093.060. APPOINTMENT AND DISMISSAL OF STAFF AND
12644	12644	EMPLOYEES
12645	12645	Sec. 1093.061. SENIORITY; RETIREMENT BENEFITS
12646	12646	[Sections 1093.062-1093.100 reserved for expansion]
12647	12647	SUBCHAPTER C. POWERS AND DUTIES
12648	12648	Sec. 1093.101. DISTRICT RESPONSIBILITY
12649	12649	Sec. 1093.102. RESTRICTION ON POLITICAL SUBDIVISION
12650	12650	TAXATION AND DEBT
12651	12651	Sec. 1093.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
12652	12652	Sec. 1093.104. HOSPITAL SYSTEM
12653	12653	Sec. 1093.105. RULES
12654	12654	Sec. 1093.106. PURCHASING AND ACCOUNTING PROCEDURES
12655	12655	Sec. 1093.107. DISTRICT PROPERTY, FACILITIES, AND
12656	12656	EQUIPMENT
12657	12657	Sec. 1093.108. EMINENT DOMAIN
12658	12658	Sec. 1093.109. GIFTS AND ENDOWMENTS
12659	12659	Sec. 1093.110. CONSTRUCTION OR PURCHASE CONTRACTS
12660	12660	Sec. 1093.111. OPERATING AND MANAGEMENT CONTRACTS
12661	12661	Sec. 1093.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
12662	12662	FOR CARE AND TREATMENT
12663	12663	Sec. 1093.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
12664	12664	FOR INVESTIGATORY OR OTHER SERVICES
12665	12665	Sec. 1093.114. PAYMENT FOR TREATMENT; PROCEDURES
12666	12666	Sec. 1093.115. AUTHORITY TO SUE AND BE SUED
12667	12667	[Sections 1093.116-1093.150 reserved for expansion]
12668	12668	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12669	12669	Sec. 1093.151. BUDGET
12670	12670	Sec. 1093.152. NOTICE; HEARING; ADOPTION OF BUDGET
12671	12671	Sec. 1093.153. AMENDMENTS TO BUDGET
12672	12672	Sec. 1093.154. RESTRICTION ON EXPENDITURES
12673	12673	Sec. 1093.155. FISCAL YEAR
12674	12674	Sec. 1093.156. AUDIT
12675	12675	Sec. 1093.157. INSPECTION OF AUDIT AND DISTRICT
12676	12676	RECORDS
12677	12677	Sec. 1093.158. FINANCIAL REPORT
12678	12678	Sec. 1093.159. DEPOSITORY
12679	12679	Sec. 1093.160. SPENDING AND INVESTMENT RESTRICTIONS
12680	12680	[Sections 1093.161-1093.200 reserved for expansion]
12681	12681	SUBCHAPTER E. BONDS
12682	12682	Sec. 1093.201. GENERAL OBLIGATION BONDS
12683	12683	Sec. 1093.202. TAX TO PAY GENERAL OBLIGATION BONDS
12684	12684	Sec. 1093.203. GENERAL OBLIGATION BOND ELECTION
12685	12685	Sec. 1093.204. MATURITY OF GENERAL OBLIGATION BONDS
12686	12686	Sec. 1093.205. EXECUTION OF GENERAL OBLIGATION BONDS
12687	12687	Sec. 1093.206. REVENUE BONDS
12688	12688	Sec. 1093.207. REFUNDING BONDS
12689	12689	Sec. 1093.208. BONDS EXEMPT FROM TAXATION
12690	12690	[Sections 1093.209-1093.250 reserved for expansion]
12691	12691	SUBCHAPTER F. TAXES
12692	12692	Sec. 1093.251. IMPOSITION OF AD VALOREM TAX
12693	12693	Sec. 1093.252. TAX RATE
12694	12694	Sec. 1093.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
12695	12695	ASSESSOR-COLLECTOR
12696	12696	Sec. 1093.254. ASSESSMENT AND COLLECTION BY DISTRICT
12697	12697	TAX ASSESSOR-COLLECTOR
12698	12698	CHAPTER 1093. SAN AUGUSTINE CITY-COUNTY HOSPITAL DISTRICT
12699	12699	SUBCHAPTER A. GENERAL PROVISIONS
12700	12700	Sec. 1093.001. DEFINITIONS. In this chapter:
12701	12701	(1) "Board" means the board of directors of the
12702	12702	district.
12703	12703	(2) "Director" means a member of the board.
12704	12704	(3) "District" means the San Augustine City-County
12705	12705	Hospital District. (New.)
12706	12706	Sec. 1093.002. AUTHORITY FOR OPERATION. The San Augustine
12707	12707	City-County Hospital District operates in accordance with and has
12708	12708	the rights, powers, and duties provided by Section 9, Article IX,
12709	12709	Texas Constitution, and by this chapter. (Acts 62nd Leg., R.S., Ch.
12710	12710	5, Sec. 1 (part).)
12711	12711	Sec. 1093.003. ESSENTIAL PUBLIC FUNCTION. The district
12712	12712	performs an essential public function in carrying out the purposes
12713	12713	of this chapter. (Acts 62nd Leg., R.S., Ch. 5, Sec. 21 (part).)
12714	12714	Sec. 1093.004. DISTRICT TERRITORY. The boundaries of the
12715	12715	district are coextensive with the boundaries of San Augustine
12716	12716	County, Texas. (Acts 62nd Leg., R.S., Ch. 5, Sec. 1 (part).)
12717	12717	Sec. 1093.005. CORRECTION OF INVALID PROCEDURES. If a
12718	12718	court holds that any procedure under this chapter violates the
12719	12719	constitution of this state or of the United States, the district by
12720	12720	resolution may provide an alternative procedure that conforms with
12721	12721	the constitution. (Acts 62nd Leg., R.S., Ch. 5, Sec. 22 (part).)
12722	12722	Sec. 1093.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
12723	12723	OBLIGATION. The support and maintenance of the district may not
12724	12724	become a charge against or obligation of this state. (Acts 62nd
12725	12725	Leg., R.S., Ch. 5, Sec. 20 (part).)
12726	12726	Sec. 1093.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
12727	12727	The legislature may not make a direct appropriation for
12728	12728	construction, maintenance, or improvement of a district facility.
12729	12729	(Acts 62nd Leg., R.S., Ch. 5, Sec. 20 (part).)
12730	12730	[Sections 1093.008-1093.050 reserved for expansion]
12731	12731	SUBCHAPTER B. DISTRICT ADMINISTRATION
12732	12732	Sec. 1093.051. BOARD APPOINTMENT; TERM. (a) The board
12733	12733	consists of seven directors appointed as follows:
12734	12734	(1) three directors appointed by the governing body of
12735	12735	the City of San Augustine;
12736	12736	(2) three directors appointed by the Commissioners
12737	12737	Court of San Augustine County; and
12738	12738	(3) one director jointly appointed by the City of San
12739	12739	Augustine and the Commissioners Court of San Augustine County.
12740	12740	(b) Directors serve staggered two-year terms. (Acts 62nd
12741	12741	Leg., R.S., Ch. 5, Sec. 3(d) (part).)
12742	12742	Sec. 1093.052. QUALIFICATIONS FOR OFFICE. (a) A person may
12743	12743	not be appointed as a director unless the person is:
12744	12744	(1) a resident of the district;
12745	12745	(2) a freeholder; and
12746	12746	(3) a qualified voter.
12747	12747	(b) A person is not eligible to serve as a director if the
12748	12748	person is:
12749	12749	(1) the district administrator;
12750	12750	(2) a district employee; or
12751	12751	(3) a member of the hospital staff. (Acts 62nd Leg.,
12752	12752	R.S., Ch. 5, Sec. 3(e).)
12753	12753	Sec. 1093.053. BOND. (a) Each director shall execute a
12754	12754	good and sufficient bond for $1,000 that is:
12755	12755	(1) payable to the district; and
12756	12756	(2) conditioned on the faithful performance of the
12757	12757	director's duties.
12758	12758	(b) The district shall pay for the directors' bonds. (Acts
12759	12759	62nd Leg., R.S., Ch. 5, Sec. 3(d) (part).)
12760	12760	Sec. 1093.054. BOARD VACANCY. If a director resigns or
12761	12761	dies, the body that appointed the resigning or deceased director
12762	12762	shall fill the vacancy for the unexpired term. (Acts 62nd Leg.,
12763	12763	R.S., Ch. 5, Sec. 3(d) (part).)
12764	12764	Sec. 1093.055. OFFICERS. (a) The board shall elect:
12765	12765	(1) a president and a vice president from among its
12766	12766	members; and
12767	12767	(2) a secretary, who need not be a director.
12768	12768	(b) Each officer of the board serves for a term of one year.
12769	12769	(c) The board shall fill a vacancy in a board office for the
12770	12770	unexpired term. (Acts 62nd Leg., R.S., Ch. 5, Sec. 3(f) (part).)
12771	12771	Sec. 1093.056. COMPENSATION; EXPENSES. A director or
12772	12772	officer serves without compensation but may be reimbursed for
12773	12773	actual expenses incurred in the performance of official duties.
12774	12774	The expenses must be:
12775	12775	(1) reported in the district's records; and
12776	12776	(2) approved by the board. (Acts 62nd Leg., R.S., Ch.
12777	12777	5, Sec. 3(f) (part).)
12778	12778	Sec. 1093.057. VOTING REQUIREMENT. A concurrence of four
12779	12779	directors is sufficient in any matter relating to district
12780	12780	business. (Acts 62nd Leg., R.S., Ch. 5, Sec. 3(f) (part).)
12781	12781	Sec. 1093.058. DISTRICT ADMINISTRATOR; ASSISTANT
12782	12782	ADMINISTRATOR. (a) The board may appoint a qualified person as a
12783	12783	district administrator.
12784	12784	(b) The board may appoint one or more assistant
12785	12785	administrators.
12786	12786	(c) The district administrator and any assistant
12787	12787	administrator serve at the will of the board and are entitled to the
12788	12788	compensation determined by the board.
12789	12789	(d) On assuming the duties of district administrator, the
12790	12790	administrator shall execute a bond payable to the district in an
12791	12791	amount set by the board of not less than $5,000 that:
12792	12792	(1) is conditioned on the administrator performing the
12793	12793	administrator's duties; and
12794	12794	(2) contains other conditions the board may require.
12795	12795	(Acts 62nd Leg., R.S., Ch. 5, Sec. 5 (part).)
12796	12796	Sec. 1093.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
12797	12797	Subject to the limitations prescribed by the board, the district
12798	12798	administrator shall:
12799	12799	(1) supervise the work and activities of the district;
12800	12800	and
12801	12801	(2) direct the affairs of the district. (Acts 62nd
12802	12802	Leg., R.S., Ch. 5, Sec. 5 (part).)
12803	12803	Sec. 1093.060. APPOINTMENT AND DISMISSAL OF STAFF AND
12804	12804	EMPLOYEES. (a) The board may appoint to or dismiss from the staff
12805	12805	any doctors the board considers necessary for the efficient
12806	12806	operation of the district and may make temporary appointments as
12807	12807	warranted.
12808	12808	(b) The district may employ fiscal agents, accountants,
12809	12809	architects, and attorneys the board considers proper.
12810	12810	(c) The board may delegate to the district administrator the
12811	12811	authority to hire district employees, including technicians and
12812	12812	nurses. (Acts 62nd Leg., R.S., Ch. 5, Secs. 5 (part), 16.)
12813	12813	Sec. 1093.061. SENIORITY; RETIREMENT BENEFITS. The board
12814	12814	may:
12815	12815	(1) adopt rules related to the seniority of district
12816	12816	employees, including rules for a retirement plan based on
12817	12817	seniority; and
12818	12818	(2) give effect to previous years of service for
12819	12819	district employees continuously employed in the operation or
12820	12820	management of hospital facilities:
12821	12821	(A) constructed by the district; or
12822	12822	(B) acquired by the district, including
12823	12823	facilities acquired when the district was created. (Acts 62nd
12824	12824	Leg., R.S., Ch. 5, Sec. 5 (part).)
12825	12825	[Sections 1093.062-1093.100 reserved for expansion]
12826	12826	SUBCHAPTER C. POWERS AND DUTIES
12827	12827	Sec. 1093.101. DISTRICT RESPONSIBILITY. The district has
12828	12828	full responsibility for:
12829	12829	(1) providing medical and hospital care for the
12830	12830	district's needy residents; and
12831	12831	(2) operating all hospital facilities for providing
12832	12832	medical and hospital care for the district's needy inhabitants.
12833	12833	(Acts 62nd Leg., R.S., Ch. 5, Secs. 4(a) (part), 19 (part).)
12834	12834	Sec. 1093.102. RESTRICTION ON POLITICAL SUBDIVISION
12835	12835	TAXATION AND DEBT. A political subdivision located within the
12836	12836	district or that has the same boundaries as the district may not
12837	12837	impose a tax on district residents or issue bonds or other
12838	12838	obligations for hospital purposes or to provide medical care.
12839	12839	(Acts 62nd Leg., R.S., Ch. 5, Sec. 19 (part).)
12840	12840	Sec. 1093.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
12841	12841	The board shall manage, control, and administer the hospital system
12842	12842	and the district's money and resources. (Acts 62nd Leg., R.S., Ch.
12843	12843	5, Sec. 5 (part).)
12844	12844	Sec. 1093.104. HOSPITAL SYSTEM. (a) The district shall
12845	12845	provide for the establishment of a hospital system by:
12846	12846	(1) purchasing, constructing, acquiring, repairing,
12847	12847	or renovating buildings and equipment;
12848	12848	(2) equipping the buildings; and
12849	12849	(3) administering the buildings and equipment for
12850	12850	hospital purposes.
12851	12851	(b) The hospital system may include:
12852	12852	(1) facilities for domiciliary care of the sick,
12853	12853	injured, or geriatric;
12854	12854	(2) facilities for outpatient clinics;
12855	12855	(3) dispensaries;
12856	12856	(4) convalescent home facilities;
12857	12857	(5) necessary nurses' domiciliaries and training
12858	12858	centers;
12859	12859	(6) blood banks;
12860	12860	(7) community mental health centers;
12861	12861	(8) research centers or laboratories; and
12862	12862	(9) any other facilities the board considers necessary
12863	12863	for hospital care. (Acts 62nd Leg., R.S., Ch. 5, Secs. 2 (part), 10
12864	12864	(part).)
12865	12865	Sec. 1093.105. RULES. The board may adopt rules governing
12866	12866	the operation of the hospital, the hospital system, and the
12867	12867	district's staff and employees. (Acts 62nd Leg., R.S., Ch. 5, Sec.
12868	12868	5 (part).)
12869	12869	Sec. 1093.106. PURCHASING AND ACCOUNTING PROCEDURES. The
12870	12870	board may prescribe:
12871	12871	(1) the method and manner of making purchases and
12872	12872	expenditures by and for the district; and
12873	12873	(2) all accounting and control procedures. (Acts 62nd
12874	12874	Leg., R.S., Ch. 5, Sec. 11 (part).)
12875	12875	Sec. 1093.107. DISTRICT PROPERTY, FACILITIES, AND
12876	12876	EQUIPMENT. (a) The board shall determine the type, number, and
12877	12877	location of buildings required to maintain an adequate hospital
12878	12878	system.
12879	12879	(b) The board may lease all or part of the district's
12880	12880	buildings or other facilities on terms considered to be in the best
12881	12881	interest of the district's inhabitants. The term of the lease may
12882	12882	not exceed 25 years.
12883	12883	(c) The district may acquire equipment for use in the
12884	12884	district's hospital system and mortgage or pledge the property as
12885	12885	security for the payment of the purchase price. A contract entered
12886	12886	into under this subsection must provide that the entire obligation
12887	12887	be retired not later than the fifth anniversary of the date of the
12888	12888	contract.
12889	12889	(d) The district may sell or otherwise dispose of any
12890	12890	property, including equipment, on terms the board finds are in the
12891	12891	best interest of the district's inhabitants. (Acts 62nd Leg.,
12892	12892	R.S., Ch. 5, Secs. 10 (part), 11 (part).)
12893	12893	Sec. 1093.108. EMINENT DOMAIN. (a) The district may
12894	12894	exercise the power of eminent domain to acquire a fee simple or
12895	12895	other interest in any type of property located in district
12896	12896	territory if the interest is necessary for the district to exercise
12897	12897	a power, right, or privilege conferred by this chapter.
12898	12898	(b) The district must exercise the power of eminent domain
12899	12899	in the manner provided by Chapter 21, Property Code, except the
12900	12900	district is not required to deposit in the trial court money or a
12901	12901	bond as provided by Section 21.021(a), Property Code.
12902	12902	(c) In a condemnation proceeding brought by the district,
12903	12903	the district is not required to:
12904	12904	(1) pay in advance or provide a bond or other security
12905	12905	for costs in the trial court;
12906	12906	(2) provide a bond for the issuance of a temporary
12907	12907	restraining order or a temporary injunction; or
12908	12908	(3) provide a bond for costs or a supersedeas bond on
12909	12909	an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 5,
12910	12910	Sec. 15.)
12911	12911	Sec. 1093.109. GIFTS AND ENDOWMENTS. The board may accept
12912	12912	for the district a gift or endowment to be held in trust and
12913	12913	administered by the board for the purposes and under the
12914	12914	directions, limitations, or other provisions prescribed in writing
12915	12915	by the donor that are not inconsistent with the proper management
12916	12916	and objectives of the district. (Acts 62nd Leg., R.S., Ch. 5, Sec.
12917	12917	18.)
12918	12918	Sec. 1093.110. CONSTRUCTION OR PURCHASE CONTRACTS. A
12919	12919	construction or purchase contract that involves the expenditure of
12920	12920	more than $2,000 may be made only after advertising in the manner
12921	12921	provided by Chapter 252 and Subchapter C, Chapter 262, Local
12922	12922	Government Code. (Acts 62nd Leg., R.S., Ch. 5, Sec. 11 (part).)
12923	12923	Sec. 1093.111. OPERATING AND MANAGEMENT CONTRACTS. The
12924	12924	board may enter into an operating or management contract relating
12925	12925	to a district facility. (Acts 62nd Leg., R.S., Ch. 5, Sec. 10
12926	12926	(part).)
12927	12927	Sec. 1093.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
12928	12928	CARE AND TREATMENT. (a) The board may contract with a county or
12929	12929	municipality located outside the district's boundaries for the
12930	12930	hospitalization of a sick or injured person of that county or
12931	12931	municipality.
12932	12932	(b) The board may contract with this state or a federal
12933	12933	agency for the hospital treatment of a sick or injured person.
12934	12934	(Acts 62nd Leg., R.S., Ch. 5, Sec. 5 (part).)
12935	12935	Sec. 1093.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
12936	12936	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
12937	12937	political subdivision or governmental agency for the district to
12938	12938	provide investigatory or other services for the hospital or welfare
12939	12939	needs of district inhabitants. (Acts 62nd Leg., R.S., Ch. 5, Sec. 5
12940	12940	(part).)
12941	12941	Sec. 1093.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
12942	12942	When a patient who resides in the district is admitted to a district
12943	12943	facility, the district administrator may have an inquiry made into
12944	12944	the circumstances of:
12945	12945	(1) the patient; and
12946	12946	(2) the patient's relatives who are legally liable for
12947	12947	the patient's support.
12948	12948	(b) If the district administrator determines that the
12949	12949	patient or those relatives can pay for all or part of the costs of
12950	12950	the patient's care and treatment, the patient or those relatives
12951	12951	shall be ordered to pay the district a specified amount each day or
12952	12952	week for the patient's care and support. The amount ordered must be
12953	12953	proportionate to the person's financial ability.
12954	12954	(c) The district administrator may collect the amount from
12955	12955	the patient's estate, or from any relative who is legally liable for
12956	12956	the patient's support, in the manner provided by law for the
12957	12957	collection of expenses of the last illness of a deceased person.
12958	12958	(Acts 62nd Leg., R.S., Ch. 5, Sec. 17.)
12959	12959	Sec. 1093.115. AUTHORITY TO SUE AND BE SUED. (a) The
12960	12960	district, through the board, may sue and be sued.
12961	12961	(b) The district is entitled to all causes of action and
12962	12962	defenses to which similar authorities are entitled. (Acts 62nd
12963	12963	Leg., R.S., Ch. 5, Sec. 5 (part).)
12964	12964	[Sections 1093.116-1093.150 reserved for expansion]
12965	12965	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12966	12966	Sec. 1093.151. BUDGET. (a) The district administrator
12967	12967	shall prepare an annual budget for approval by the board.
12968	12968	(b) The proposed budget must contain a complete financial
12969	12969	statement of:
12970	12970	(1) the outstanding obligations of the district;
12971	12971	(2) the cash on hand in each district fund;
12972	12972	(3) the money received by the district from all
12973	12973	sources during the previous year;
12974	12974	(4) the money available to the district from all
12975	12975	sources during the ensuing year;
12976	12976	(5) the balances expected at the end of the year in
12977	12977	which the budget is being prepared;
12978	12978	(6) the estimated revenue and balances available to
12979	12979	cover the proposed budget;
12980	12980	(7) the estimated tax rate required; and
12981	12981	(8) the proposed expenditures and disbursements and
12982	12982	the estimated receipts and collections for the following fiscal
12983	12983	year. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
12984	12984	Sec. 1093.152. NOTICE; HEARING; ADOPTION OF BUDGET.
12985	12985	(a) The board shall hold a public hearing on the proposed annual
12986	12986	budget.
12987	12987	(b) At least 10 days before the date of the hearing, notice
12988	12988	of the hearing shall be published one time in a newspaper or
12989	12989	newspapers that individually or collectively have general
12990	12990	circulation in the district.
12991	12991	(c) Any property taxpayer of the district is entitled to be
12992	12992	present and participate at the hearing.
12993	12993	(d) At the conclusion of the hearing, the board shall adopt
12994	12994	a budget by acting on the budget proposed by the district
12995	12995	administrator. The board may make any changes in the proposed
12996	12996	budget that the board judges to be in the interests of the taxpayers
12997	12997	and that the law warrants. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6
12998	12998	(part).)
12999	12999	Sec. 1093.153. AMENDMENTS TO BUDGET. The budget may be
13000	13000	amended as required by circumstances. The board must approve all
13001	13001	amendments. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
13002	13002	Sec. 1093.154. RESTRICTION ON EXPENDITURES. Money may be
13003	13003	spent only for an expense included in the budget or an amendment to
13004	13004	the budget. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
13005	13005	Sec. 1093.155. FISCAL YEAR. The district operates
13006	13006	according to a fiscal year that begins on July 1 and ends on June 30.
13007	13007	(Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
13008	13008	Sec. 1093.156. AUDIT. (a) The district shall have an
13009	13009	independent audit made of the district's financial condition for
13010	13010	the fiscal year.
13011	13011	(b) As soon as the audit is completed, the audit shall be
13012	13012	filed at the district's office. (Acts 62nd Leg., R.S., Ch. 5, Sec.
13013	13013	6 (part).)
13014	13014	Sec. 1093.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
13015	13015	The audit and other district records shall be open to inspection at
13016	13016	the district's principal office. (Acts 62nd Leg., R.S., Ch. 5, Sec.
13017	13017	6 (part).)
13018	13018	Sec. 1093.158. FINANCIAL REPORT. As soon as practicable
13019	13019	after the close of each fiscal year, the district administrator
13020	13020	shall prepare for the board:
13021	13021	(1) a complete sworn statement of all district money;
13022	13022	and
13023	13023	(2) a complete account of the disbursements of that
13024	13024	money. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
13025	13025	Sec. 1093.159. DEPOSITORY. (a) The board shall select one
13026	13026	or more banks in the district to serve as a depository for district
13027	13027	money.
13028	13028	(b) District money, other than money invested as provided by
13029	13029	Section 1093.160, and money transmitted to a bank for payment of
13030	13030	bonds or obligations issued by the district, shall be deposited as
13031	13031	received with the depository bank and shall remain on deposit.
13032	13032	(c) This chapter, including Subsection (b), does not limit
13033	13033	the power of the board to place a part of district money on time
13034	13034	deposit or to purchase certificates of deposit. (Acts 62nd Leg.,
13035	13035	R.S., Ch. 5, Sec. 12.)
13036	13036	Sec. 1093.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
13037	13037	Except as otherwise provided by Section 1093.107(c) and by
13038	13038	Subchapter E, the district may not incur an obligation payable from
13039	13039	district revenue other than the revenue on hand or to be on hand in
13040	13040	the current and following district fiscal years.
13041	13041	(b) The board may invest operating, depreciation, or
13042	13042	building reserves only in funds or securities specified by Chapter
13043	13043	2256, Government Code. (Acts 62nd Leg., R.S., Ch. 5, Secs. 5
13044	13044	(part), 11 (part).)
13045	13045	[Sections 1093.161-1093.200 reserved for expansion]
13046	13046	SUBCHAPTER E. BONDS
13047	13047	Sec. 1093.201. GENERAL OBLIGATION BONDS. The board may
13048	13048	issue and sell general obligation bonds in the name and on the faith
13049	13049	and credit of the district for any purpose relating to:
13050	13050	(1) the purchase, construction, acquisition, repair,
13051	13051	or renovation of buildings or improvements; and
13052	13052	(2) the equipment of buildings and improvements for
13053	13053	hospital purposes. (Acts 62nd Leg., R.S., Ch. 5, Sec. 7(a) (part).)
13054	13054	Sec. 1093.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
13055	13055	the time general obligation bonds are issued under Section
13056	13056	1093.201, the board shall impose an ad valorem tax at a rate
13057	13057	sufficient to create an interest and sinking fund to pay the
13058	13058	principal of and interest on the bonds as the bonds mature.
13059	13059	(b) The tax required by this section together with any other
13060	13060	ad valorem tax the district imposes may not in any year exceed the
13061	13061	tax rate approved by the voters at the election authorizing the
13062	13062	imposition of the tax. (Acts 62nd Leg., R.S., Ch. 5, Sec. 7(a)
13063	13063	(part).)
13064	13064	Sec. 1093.203. GENERAL OBLIGATION BOND ELECTION. (a) The
13065	13065	district may issue general obligation bonds only if the bonds are
13066	13066	authorized by a majority of the district voters voting at an
13067	13067	election held for that purpose.
13068	13068	(b) The order calling the election shall provide for clerks
13069	13069	as in county elections and must specify:
13070	13070	(1) the date of the election;
13071	13071	(2) the location of the polling places;
13072	13072	(3) the presiding and alternate election judges for
13073	13073	each polling place;
13074	13074	(4) the amount of the bonds to be authorized; and
13075	13075	(5) the maximum interest rate of the bonds.
13076	13076	(c) Notice of a bond election shall be given as provided by
13077	13077	Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 5,
13078	13078	Sec. 7(a) (part).)
13079	13079	Sec. 1093.204. MATURITY OF GENERAL OBLIGATION BONDS.
13080	13080	District general obligation bonds must mature not later than 40
13081	13081	years after the date of issuance. (Acts 62nd Leg., R.S., Ch. 5,
13082	13082	Sec. 7(d) (part).)
13083	13083	Sec. 1093.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
13084	13084	The board president shall execute the general obligation bonds in
13085	13085	the district's name.
13086	13086	(b) The board secretary shall countersign the bonds in the
13087	13087	manner provided by Chapter 618, Government Code. (Acts 62nd Leg.,
13088	13088	R.S., Ch. 5, Sec. 7(d) (part).)
13089	13089	Sec. 1093.206. REVENUE BONDS. (a) The board may issue
13090	13090	revenue bonds to:
13091	13091	(1) purchase, construct, acquire, repair, renovate,
13092	13092	or equip buildings or improvements for hospital purposes; or
13093	13093	(2) acquire sites to be used for hospital purposes.
13094	13094	(b) The bonds must be payable from and secured by a pledge of
13095	13095	all or part of the revenue derived from the operation of the
13096	13096	district's hospitals.
13097	13097	(c) The bonds may be additionally secured by a mortgage or
13098	13098	deed of trust lien on all or part of district property.
13099	13099	(d) The bonds must be issued in the manner and in accordance
13100	13100	with the procedures and requirements prescribed by Sections
13101	13101	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
13102	13102	and Safety Code, for issuance of revenue bonds by a county hospital
13103	13103	authority. (Acts 62nd Leg., R.S., Ch. 5, Sec. 8 (part).)
13104	13104	Sec. 1093.207. REFUNDING BONDS. (a) The board may, without
13105	13105	an election, issue refunding bonds to refund outstanding
13106	13106	indebtedness issued by the district.
13107	13107	(b) A refunding bond may be:
13108	13108	(1) sold, with the proceeds of the refunding bond
13109	13109	applied to the payment of the indebtedness to be refunded; or
13110	13110	(2) exchanged wholly or partly for not less than a
13111	13111	similar principal amount of outstanding indebtedness. (Acts 62nd
13112	13112	Leg., R.S., Ch. 5, Secs. 7(a) (part), (c) (part), 8 (part).)
13113	13113	Sec. 1093.208. BONDS EXEMPT FROM TAXATION. The following
13114	13114	are exempt from taxation by this state or a political subdivision of
13115	13115	this state:
13116	13116	(1) bonds issued by the district;
13117	13117	(2) the transfer and issuance of the bonds; or
13118	13118	(3) profits made in the sale of the bonds. (Acts 62nd
13119	13119	Leg., R.S., Ch. 5, Sec. 21 (part).)
13120	13120	[Sections 1093.209-1093.250 reserved for expansion]
13121	13121	SUBCHAPTER F. TAXES
13122	13122	Sec. 1093.251. IMPOSITION OF AD VALOREM TAX. (a) The board
13123	13123	shall impose a tax on all property in the district subject to
13124	13124	district taxation.
13125	13125	(b) The board shall impose the tax to:
13126	13126	(1) pay the interest on and create a sinking fund for
13127	13127	bonds or other obligations issued or assumed by the district for
13128	13128	hospital purposes;
13129	13129	(2) provide for the operation and maintenance of the
13130	13130	district and hospital system;
13131	13131	(3) make improvements and additions to the hospital
13132	13132	system; and
13133	13133	(4) acquire necessary sites for the hospital system by
13134	13134	purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 5,
13135	13135	Secs. 4(b) (part), 13 (part).)
13136	13136	Sec. 1093.252. TAX RATE. (a) The board may impose the tax
13137	13137	at a rate not to exceed 75 cents on each $100 valuation of taxable
13138	13138	property in the district.
13139	13139	(b) In setting the tax rate, the board shall consider the
13140	13140	income of the district from sources other than taxation. (Acts 62nd
13141	13141	Leg., R.S., Ch. 5, Secs. 4(b) (part), 13 (part).)
13142	13142	Sec. 1093.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
13143	13143	ASSESSOR-COLLECTOR. (a) This section applies unless the board by
13144	13144	majority vote elects to have taxes assessed and collected under
13145	13145	Section 1093.254.
13146	13146	(b) The tax assessor-collector of San Augustine County
13147	13147	shall assess and collect taxes imposed by the district. (Acts 62nd
13148	13148	Leg., R.S., Ch. 5, Sec. 14 (part).)
13149	13149	Sec. 1093.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
13150	13150	ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
13151	13151	assessed and collected by a tax assessor-collector appointed by the
13152	13152	board. An election under this subsection must be made by December 1
13153	13153	and governs the manner in which taxes are assessed and collected,
13154	13154	until changed by a similar resolution.
13155	13155	(b) The district tax assessor-collector must:
13156	13156	(1) reside in the district; and
13157	13157	(2) own real property subject to district taxation.
13158	13158	(c) The board shall set for the district tax
13159	13159	assessor-collector:
13160	13160	(1) the term of employment; and
13161	13161	(2) compensation. (Acts 62nd Leg., R.S., Ch. 5, Sec.
13162	13162	14 (part).)
13163	13163	CHAPTER 1094. SEMINOLE HOSPITAL DISTRICT OF GAINES COUNTY, TEXAS
13164	13164	SUBCHAPTER A. GENERAL PROVISIONS
13165	13165	Sec. 1094.001. DEFINITIONS
13166	13166	Sec. 1094.002. AUTHORITY FOR CREATION
13167	13167	Sec. 1094.003. ESSENTIAL PUBLIC FUNCTION
13168	13168	Sec. 1094.004. DISTRICT TERRITORY
13169	13169	Sec. 1094.005. CORRECTION OF INVALID PROCEDURES
13170	13170	Sec. 1094.006. DISTRICT SUPPORT AND MAINTENANCE NOT
13171	13171	STATE OBLIGATION
13172	13172	Sec. 1094.007. RESTRICTION ON STATE FINANCIAL
13173	13173	ASSISTANCE
13174	13174	[Sections 1094.008-1094.050 reserved for expansion]
13175	13175	SUBCHAPTER B. DISTRICT ADMINISTRATION
13176	13176	Sec. 1094.051. BOARD ELECTION; TERM
13177	13177	Sec. 1094.052. NOTICE OF ELECTION
13178	13178	Sec. 1094.053. BALLOT PETITION
13179	13179	Sec. 1094.054. QUALIFICATIONS FOR OFFICE
13180	13180	Sec. 1094.055. BOARD VACANCY
13181	13181	Sec. 1094.056. OFFICERS
13182	13182	Sec. 1094.057. VOTING REQUIREMENT
13183	13183	Sec. 1094.058. DISTRICT ADMINISTRATOR; ASSISTANT
13184	13184	ADMINISTRATOR
13185	13185	Sec. 1094.059. GENERAL DUTIES OF DISTRICT
13186	13186	ADMINISTRATOR
13187	13187	Sec. 1094.060. APPOINTMENT AND DISMISSAL OF STAFF AND
13188	13188	EMPLOYEES
13189	13189	Sec. 1094.061. SENIORITY; RETIREMENT BENEFITS
13190	13190	[Sections 1094.062-1094.100 reserved for expansion]
13191	13191	SUBCHAPTER C. POWERS AND DUTIES
13192	13192	Sec. 1094.101. DISTRICT RESPONSIBILITY
13193	13193	Sec. 1094.102. RESTRICTION ON POLITICAL SUBDIVISION
13194	13194	TAXATION AND DEBT
13195	13195	Sec. 1094.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
13196	13196	Sec. 1094.104. HOSPITAL SYSTEM
13197	13197	Sec. 1094.105. RULES
13198	13198	Sec. 1094.106. PURCHASING AND ACCOUNTING PROCEDURES
13199	13199	Sec. 1094.107. DISTRICT PROPERTY, FACILITIES, AND
13200	13200	EQUIPMENT
13201	13201	Sec. 1094.108. EMINENT DOMAIN
13202	13202	Sec. 1094.109. GIFTS AND ENDOWMENTS
13203	13203	Sec. 1094.110. CONSTRUCTION OR PURCHASE CONTRACTS
13204	13204	Sec. 1094.111. OPERATING AND MANAGEMENT CONTRACTS
13205	13205	Sec. 1094.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
13206	13206	FOR HOSPITALIZATION
13207	13207	Sec. 1094.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
13208	13208	FOR INVESTIGATORY OR OTHER SERVICES
13209	13209	Sec. 1094.114. PAYMENT FOR TREATMENT; PROCEDURES
13210	13210	Sec. 1094.115. AUTHORITY TO SUE AND BE SUED
13211	13211	[Sections 1094.116-1094.150 reserved for expansion]
13212	13212	SUBCHAPTER D. CHANGE IN BOUNDARIES
13213	13213	Sec. 1094.151. ELECTION ON EXPANSION OF BOUNDARIES
13214	13214	Sec. 1094.152. BALLOT
13215	13215	Sec. 1094.153. ELECTION RESULTS
13216	13216	[Sections 1094.154-1094.200 reserved for expansion]
13217	13217	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
13218	13218	Sec. 1094.201. BUDGET
13219	13219	Sec. 1094.202. NOTICE; HEARING; ADOPTION OF BUDGET
13220	13220	Sec. 1094.203. AMENDMENTS TO BUDGET
13221	13221	Sec. 1094.204. RESTRICTION ON EXPENDITURES
13222	13222	Sec. 1094.205. FISCAL YEAR
13223	13223	Sec. 1094.206. AUDIT
13224	13224	Sec. 1094.207. INSPECTION OF AUDIT AND DISTRICT
13225	13225	RECORDS
13226	13226	Sec. 1094.208. FINANCIAL REPORT
13227	13227	Sec. 1094.209. DEPOSITORY
13228	13228	Sec. 1094.210. SPENDING AND INVESTMENT RESTRICTIONS
13229	13229	[Sections 1094.211-1094.250 reserved for expansion]
13230	13230	SUBCHAPTER F. BONDS
13231	13231	Sec. 1094.251. GENERAL OBLIGATION BONDS
13232	13232	Sec. 1094.252. TAX TO PAY GENERAL OBLIGATION BONDS
13233	13233	Sec. 1094.253. GENERAL OBLIGATION BOND ELECTION
13234	13234	Sec. 1094.254. MATURITY OF GENERAL OBLIGATION BONDS
13235	13235	Sec. 1094.255. EXECUTION OF GENERAL OBLIGATION BONDS
13236	13236	Sec. 1094.256. REVENUE BONDS
13237	13237	Sec. 1094.257. REFUNDING BONDS
13238	13238	Sec. 1094.258. BONDS EXEMPT FROM TAXATION
13239	13239	[Sections 1094.259-1094.300 reserved for expansion]
13240	13240	SUBCHAPTER G. TAXES
13241	13241	Sec. 1094.301. IMPOSITION OF AD VALOREM TAX
13242	13242	Sec. 1094.302. TAX RATE
13243	13243	Sec. 1094.303. ASSESSMENT AND COLLECTION BY COUNTY TAX
13244	13244	ASSESSOR-COLLECTOR
13245	13245	Sec. 1094.304. ASSESSMENT AND COLLECTION BY DISTRICT
13246	13246	TAX ASSESSOR-COLLECTOR
13247	13247	CHAPTER 1094. SEMINOLE HOSPITAL DISTRICT OF GAINES COUNTY, TEXAS
13248	13248	SUBCHAPTER A. GENERAL PROVISIONS
13249	13249	Sec. 1094.001. DEFINITIONS. In this chapter:
13250	13250	(1) "Board" means the board of directors of the
13251	13251	district.
13252	13252	(2) "Director" means a member of the board.
13253	13253	(3) "District" means the Seminole Hospital District of
13254	13254	Gaines County, Texas. (New.)
13255	13255	Sec. 1094.002. AUTHORITY FOR CREATION. The Seminole
13256	13256	Hospital District of Gaines County, Texas, is created under the
13257	13257	authority of Section 9, Article IX, Texas Constitution. (Acts 62nd
13258	13258	Leg., R.S., Ch. 102, Sec. 1.)
13259	13259	Sec. 1094.003. ESSENTIAL PUBLIC FUNCTION. The district
13260	13260	performs an essential public function in carrying out the purposes
13261	13261	of this chapter. (Acts 62nd Leg., R.S., Ch. 102, Sec. 22 (part).)
13262	13262	Sec. 1094.004. DISTRICT TERRITORY. The district is
13263	13263	composed of the territory in the boundaries of the Seminole Common
13264	13264	Consolidated School District No. 1 located in Gaines County as
13265	13265	those boundaries existed on April 29, 1971, unless the district's
13266	13266	boundaries are expanded under Subchapter D. (Acts 62nd Leg., R.S.,
13267	13267	Ch. 102, Sec. 2.)
13268	13268	Sec. 1094.005. CORRECTION OF INVALID PROCEDURES. If a
13269	13269	court holds that any procedure under this chapter violates the
13270	13270	constitution of this state or of the United States, the district by
13271	13271	resolution may provide an alternative procedure that conforms with
13272	13272	the constitution. (Acts 62nd Leg., R.S., Ch. 102, Sec. 23 (part).)
13273	13273	Sec. 1094.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
13274	13274	OBLIGATION. The support and maintenance of the district may not
13275	13275	become a charge against or obligation of this state. (Acts 62nd
13276	13276	Leg., R.S., Ch. 102, Sec. 21 (part).)
13277	13277	Sec. 1094.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
13278	13278	The legislature may not make a direct appropriation for the
13279	13279	construction, maintenance, or improvement of a district facility.
13280	13280	(Acts 62nd Leg., R.S., Ch. 102, Sec. 21 (part).)
13281	13281	[Sections 1094.008-1094.050 reserved for expansion]
13282	13282	SUBCHAPTER B. DISTRICT ADMINISTRATION
13283	13283	Sec. 1094.051. BOARD ELECTION; TERM. (a) The board
13284	13284	consists of seven directors elected from the district at large.
13285	13285	(b) Unless four-year terms are established under Section
13286	13286	285.081, Health and Safety Code, directors serve staggered two-year
13287	13287	terms. (Acts 62nd Leg., R.S., Ch. 102, Secs. 5(a) (part), (b)
13288	13288	(part).)
13289	13289	Sec. 1094.052. NOTICE OF ELECTION. At least 10 days before
13290	13290	the date of an election of directors, notice of the election shall
13291	13291	be published one time in a newspaper of general circulation in
13292	13292	Gaines County. (Acts 62nd Leg., R.S., Ch. 102, Sec. 5(e) (part).)
13293	13293	Sec. 1094.053. BALLOT PETITION. A person who wants to have
13294	13294	the person's name printed on the ballot as a candidate for director
13295	13295	must file with the board secretary a petition requesting that
13296	13296	action. The petition must be:
13297	13297	(1) signed by at least 25 voters; and
13298	13298	(2) filed at least 25 days before the date of the
13299	13299	election. (Acts 62nd Leg., R.S., Ch. 102, Sec. 5(e) (part).)
13300	13300	Sec. 1094.054. QUALIFICATIONS FOR OFFICE. A person may not
13301	13301	be elected or appointed as a director unless the person:
13302	13302	(1) is a resident of the district;
13303	13303	(2) owns property in the district subject to taxation;
13304	13304	and
13305	13305	(3) is more than 18 years of age at the time of the
13306	13306	election or appointment. (Acts 62nd Leg., R.S., Ch. 102, Sec.
13307	13307	5(c).)
13308	13308	Sec. 1094.055. BOARD VACANCY. (a) If a vacancy occurs in
13309	13309	the office of director, the remaining directors shall appoint a
13310	13310	director for the unexpired term.
13311	13311	(b) If the number of directors is reduced to fewer than five
13312	13312	for any reason, the remaining directors shall immediately call a
13313	13313	special election to fill the vacancies. If the remaining directors
13314	13314	do not call the election, a district court, on application of a
13315	13315	district voter or taxpayer, may order the directors to hold the
13316	13316	election. (Acts 62nd Leg., R.S., Ch. 102, Sec. 5(d) (part).)
13317	13317	Sec. 1094.056. OFFICERS. The board shall elect:
13318	13318	(1) a president and a vice president from among its
13319	13319	members; and
13320	13320	(2) a secretary, who need not be a director. (Acts
13321	13321	62nd Leg., R.S., Ch. 102, Sec. 5(d) (part).)
13322	13322	Sec. 1094.057. VOTING REQUIREMENT. A concurrence of four
13323	13323	directors is sufficient in any matter relating to district
13324	13324	business. (Acts 62nd Leg., R.S., Ch. 102, Sec. 5(d) (part).)
13325	13325	Sec. 1094.058. DISTRICT ADMINISTRATOR; ASSISTANT
13326	13326	ADMINISTRATOR. (a) The board may appoint a qualified person as
13327	13327	district administrator.
13328	13328	(b) The board may appoint one or more assistant
13329	13329	administrators.
13330	13330	(c) The district administrator and any assistant
13331	13331	administrator serve at the will of the board and are entitled to the
13332	13332	compensation determined by the board.
13333	13333	(d) On assuming the duties of district administrator, the
13334	13334	administrator shall execute a bond payable to the district in an
13335	13335	amount set by the board of not less than $5,000 that:
13336	13336	(1) is conditioned on the administrator performing the
13337	13337	administrator's duties; and
13338	13338	(2) contains other conditions the board may require.
13339	13339	(Acts 62nd Leg., R.S., Ch. 102, Sec. 6 (part).)
13340	13340	Sec. 1094.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
13341	13341	Subject to the limitations prescribed by the board, the district
13342	13342	administrator shall:
13343	13343	(1) supervise the work and activities of the district;
13344	13344	and
13345	13345	(2) direct the affairs of the district. (Acts 62nd
13346	13346	Leg., R.S., Ch. 102, Sec. 6 (part).)
13347	13347	Sec. 1094.060. APPOINTMENT AND DISMISSAL OF STAFF AND
13348	13348	EMPLOYEES. (a) The board may appoint to or dismiss from the staff
13349	13349	any doctors as the board considers necessary for the efficient
13350	13350	operation of the district and may make temporary appointments as
13351	13351	warranted.
13352	13352	(b) The district may employ fiscal agents, accountants,
13353	13353	architects, and attorneys the board considers proper.
13354	13354	(c) The board may delegate to the district administrator the
13355	13355	authority to hire district employees, including technicians and
13356	13356	nurses. (Acts 62nd Leg., R.S., Ch. 102, Secs. 6 (part), 17.)
13357	13357	Sec. 1094.061. SENIORITY; RETIREMENT BENEFITS. The board
13358	13358	may:
13359	13359	(1) adopt rules related to the seniority of district
13360	13360	employees, including rules for a retirement plan based on
13361	13361	seniority; and
13362	13362	(2) give effect to previous years of service for
13363	13363	district employees continuously employed in the operation or
13364	13364	management of hospital facilities:
13365	13365	(A) constructed by the district; or
13366	13366	(B) acquired by the district, including
13367	13367	facilities acquired when the district was created. (Acts 62nd
13368	13368	Leg., R.S., Ch. 102, Sec. 6 (part).)
13369	13369	[Sections 1094.062-1094.100 reserved for expansion]
13370	13370	SUBCHAPTER C. POWERS AND DUTIES
13371	13371	Sec. 1094.101. DISTRICT RESPONSIBILITY. (a) The district
13372	13372	has full responsibility for providing hospital care for the
13373	13373	district's indigent residents.
13374	13374	(b) The district shall provide all necessary hospital and
13375	13375	medical care for the district's needy inhabitants. (Acts 62nd
13376	13376	Leg., R.S., Ch. 102, Secs. 3(a) (part), 20 (part).)
13377	13377	Sec. 1094.102. RESTRICTION ON POLITICAL SUBDIVISION
13378	13378	TAXATION AND DEBT. A political subdivision of this state, other
13379	13379	than the district, may not impose a tax or issue bonds or other
13380	13380	obligations for hospital purposes or to provide medical care in the
13381	13381	district. (Acts 62nd Leg., R.S., Ch. 102, Secs. 3(a) (part), 20
13382	13382	(part).)
13383	13383	Sec. 1094.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
13384	13384	The board shall manage, control, and administer the hospital system
13385	13385	and the district's money and resources. (Acts 62nd Leg., R.S., Ch.
13386	13386	102, Sec. 6 (part).)
13387	13387	Sec. 1094.104. HOSPITAL SYSTEM. (a) The district has the
13388	13388	responsibility to establish a hospital or hospital system within
13389	13389	its boundaries to provide hospital and medical care to the
13390	13390	district's residents.
13391	13391	(b) The district shall provide for:
13392	13392	(1) the establishment of a hospital system by:
13393	13393	(A) purchasing, constructing, acquiring,
13394	13394	repairing, or renovating buildings and equipment; and
13395	13395	(B) equipping the buildings; and
13396	13396	(2) the administration of the hospital system for
13397	13397	hospital and medical care purposes.
13398	13398	(c) The hospital system may include:
13399	13399	(1) facilities for domiciliary care of the sick,
13400	13400	injured, or geriatric;
13401	13401	(2) facilities for outpatient clinics;
13402	13402	(3) dispensaries;
13403	13403	(4) convalescent home facilities;
13404	13404	(5) necessary nurses domiciliaries and training
13405	13405	centers;
13406	13406	(6) blood banks;
13407	13407	(7) community mental health centers;
13408	13408	(8) research centers or laboratories; and
13409	13409	(9) any other facilities the board considers necessary
13410	13410	for medical and hospital care. (Acts 62nd Leg., R.S., Ch. 102,
13411	13411	Secs. 3(a) (part), (b) (part), 10 (part).)
13412	13412	Sec. 1094.105. RULES. The board may adopt rules governing
13413	13413	the operation of the hospital, the hospital system, and the
13414	13414	district's staff and employees. (Acts 62nd Leg., R.S., Ch. 102,
13415	13415	Sec. 6 (part).)
13416	13416	Sec. 1094.106. PURCHASING AND ACCOUNTING PROCEDURES. The
13417	13417	board may prescribe:
13418	13418	(1) the method and manner of making purchases and
13419	13419	expenditures by and for the district; and
13420	13420	(2) all accounting and control procedures. (Acts 62nd
13421	13421	Leg., R.S., Ch. 102, Sec. 11 (part).)
13422	13422	Sec. 1094.107. DISTRICT PROPERTY, FACILITIES, AND
13423	13423	EQUIPMENT. (a) The board shall determine the type, number, and
13424	13424	location of buildings required to maintain an adequate hospital
13425	13425	system.
13426	13426	(b) The board may lease all or part of the district's
13427	13427	buildings and other facilities on terms considered to be in the best
13428	13428	interest of the district's inhabitants. The term of the lease may
13429	13429	not exceed 25 years.
13430	13430	(c) The district may acquire equipment for use in the
13431	13431	district's hospital system and mortgage or pledge the property as
13432	13432	security for the payment of the purchase price. A contract entered
13433	13433	into under this subsection must provide that the entire obligation
13434	13434	be retired not later than the fifth anniversary of the date of the
13435	13435	contract.
13436	13436	(d) The district may sell or otherwise dispose of any
13437	13437	property, including equipment, on terms the board finds are in the
13438	13438	best interest of the district's inhabitants. (Acts 62nd Leg.,
13439	13439	R.S., Ch. 102, Secs. 10 (part), 11 (part).)
13440	13440	Sec. 1094.108. EMINENT DOMAIN. (a) The district may
13441	13441	exercise the power of eminent domain to acquire a fee simple or
13442	13442	other interest in any type of property located in district
13443	13443	territory if the interest is necessary for the district to exercise
13444	13444	a power, right, or privilege conferred by this chapter.
13445	13445	(b) The district must exercise the power of eminent domain
13446	13446	in the manner provided by Chapter 21, Property Code, except the
13447	13447	district is not required to deposit in the trial court money or a
13448	13448	bond as provided by Section 21.021(a), Property Code.
13449	13449	(c) In a condemnation proceeding brought by the district,
13450	13450	the district is not required to:
13451	13451	(1) pay in advance or provide a bond or other security
13452	13452	for costs in the trial court;
13453	13453	(2) provide a bond for the issuance of a temporary
13454	13454	restraining order or a temporary injunction; or
13455	13455	(3) provide a bond for costs or a supersedeas bond on
13456	13456	an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 102,
13457	13457	Sec. 15.)
13458	13458	Sec. 1094.109. GIFTS AND ENDOWMENTS. The board may accept
13459	13459	for the district a gift or endowment to be held in trust and
13460	13460	administered by the board for the purposes and under the
13461	13461	directions, limitations, or other provisions prescribed in writing
13462	13462	by the donor that are not inconsistent with the proper management
13463	13463	and objectives of the district. (Acts 62nd Leg., R.S., Ch. 102,
13464	13464	Sec. 19.)
13465	13465	Sec. 1094.110. CONSTRUCTION OR PURCHASE CONTRACTS. A
13466	13466	construction or purchase contract that involves the expenditure of
13467	13467	more than $2,000 may be made only after advertising in the manner
13468	13468	provided by Chapter 252 and Subchapter C, Chapter 262, Local
13469	13469	Government Code. (Acts 62nd Leg., R.S., Ch. 102, Sec. 11 (part).)
13470	13470	Sec. 1094.111. OPERATING AND MANAGEMENT CONTRACTS. The
13471	13471	board may enter into an operating or management contract relating
13472	13472	to a district facility. (Acts 62nd Leg., R.S., Ch. 102, Sec. 10
13473	13473	(part).)
13474	13474	Sec. 1094.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
13475	13475	HOSPITALIZATION. (a) The board may contract with a county or
13476	13476	municipality located outside the district's boundaries for the
13477	13477	hospitalization of a sick or injured person of that county or
13478	13478	municipality.
13479	13479	(b) The board may contract with this state or a federal
13480	13480	agency for the hospital treatment of a sick or injured person.
13481	13481	(Acts 62nd Leg., R.S., Ch. 102, Sec. 6 (part).)
13482	13482	Sec. 1094.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
13483	13483	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
13484	13484	political subdivision or governmental agency for the district to
13485	13485	provide investigatory and other services for the hospital or
13486	13486	welfare needs of district inhabitants. (Acts 62nd Leg., R.S., Ch.
13487	13487	102, Sec. 6 (part).)
13488	13488	Sec. 1094.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
13489	13489	When a patient who resides in the district is admitted to a district
13490	13490	facility, the district administrator may have an inquiry made into
13491	13491	the circumstances of:
13492	13492	(1) the patient; and
13493	13493	(2) the patient's relatives who are legally liable for
13494	13494	the patient's support.
13495	13495	(b) If the district administrator determines that the
13496	13496	patient or those relatives cannot pay all or part of the costs of
13497	13497	the care and treatment in the hospital, the amount of the costs that
13498	13498	cannot be paid becomes a charge against the district.
13499	13499	(c) If the district administrator determines that the
13500	13500	patient or those relatives can pay for all or part of the costs of
13501	13501	the patient's care and treatment, the patient or those relatives
13502	13502	shall be ordered to pay the district a specified amount each week
13503	13503	for the patient's care and support. The amount ordered must be
13504	13504	proportionate to the person's financial ability.
13505	13505	(d) The district administrator may collect the amount from
13506	13506	the patient's estate, or from any relative who is legally liable for
13507	13507	the patient's support, in the manner provided by law for the
13508	13508	collection of expenses of the last illness of a deceased person.
13509	13509	(e) If there is a dispute as to the ability to pay, or doubt
13510	13510	in the mind of the district administrator, the board shall hold a
13511	13511	hearing and, after calling witnesses, shall:
13512	13512	(1) resolve the dispute or doubt; and
13513	13513	(2) issue any appropriate orders.
13514	13514	(f) The final order of the board may be appealed to the
13515	13515	district court. The substantial evidence rule applies to the
13516	13516	appeal. (Acts 62nd Leg., R.S., Ch. 102, Sec. 18.)
13517	13517	Sec. 1094.115. AUTHORITY TO SUE AND BE SUED. (a) The
13518	13518	district, through the board, may sue and be sued.
13519	13519	(b) The district is entitled to all causes of action and
13520	13520	defenses to which similar authorities are entitled. (Acts 62nd
13521	13521	Leg., R.S., Ch. 102, Sec. 6 (part).)
13522	13522	[Sections 1094.116-1094.150 reserved for expansion]
13523	13523	SUBCHAPTER D. CHANGE IN BOUNDARIES
13524	13524	Sec. 1094.151. ELECTION ON EXPANSION OF BOUNDARIES. (a)
13525	13525	On presentation of a petition for an election signed by at least 50
13526	13526	registered voters of Gaines County who do not reside within the
13527	13527	district's boundaries, the board shall order an election on the
13528	13528	questions of:
13529	13529	(1) expanding the district's boundaries to include the
13530	13530	entire county;
13531	13531	(2) the assumption of a proportionate share of
13532	13532	district debts; and
13533	13533	(3) the imposition of taxes in the territory to be
13534	13534	added to the district.
13535	13535	(b) The board shall order the election not later than the
13536	13536	60th day after the date on which the petition is presented to the
13537	13537	board.
13538	13538	(c) The election in the district and the election in the
13539	13539	territory to be added must be held on the same day.
13540	13540	(d) Section 41.001(a), Election Code, does not apply to an
13541	13541	election ordered under this section. (Acts 62nd Leg., R.S., Ch.
13542	13542	102, Secs. 2A(a), (b), (e), (f).)
13543	13543	Sec. 1094.152. BALLOT. The ballot for the election shall be
13544	13544	printed to permit voting for or against the proposition: "Expanding
13545	13545	the Seminole Hospital District to include all of Gaines County, the
13546	13546	assumption by the additional territory of its proportionate share
13547	13547	of the district's outstanding debts, and the levy of a tax not to
13548	13548	exceed 75 cents on each $100 of valuation on all taxable property in
13549	13549	the expanded area of the district." (Acts 62nd Leg., R.S., Ch. 102,
13550	13550	Sec. 2A(c).)
13551	13551	Sec. 1094.153. ELECTION RESULTS. The district may not be
13552	13552	expanded unless the proposition under Section 1094.152 is approved
13553	13553	by a majority of the voters at an election held in the district and
13554	13554	by a majority of the voters at a separate election held in the
13555	13555	territory to be added. (Acts 62nd Leg., R.S., Ch. 102, Sec. 2A(d).)
13556	13556	[Sections 1094.154-1094.200 reserved for expansion]
13557	13557	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
13558	13558	Sec. 1094.201. BUDGET. (a) The district administrator
13559	13559	shall prepare an annual budget for approval by the board.
13560	13560	(b) The proposed budget must contain a complete financial
13561	13561	statement of:
13562	13562	(1) the outstanding obligations of the district;
13563	13563	(2) the cash on hand in each district fund;
13564	13564	(3) the money received by the district from all
13565	13565	sources during the previous year;
13566	13566	(4) the money available to the district from all
13567	13567	sources during the ensuing year;
13568	13568	(5) the balances expected at the end of the year in
13569	13569	which the budget is being prepared;
13570	13570	(6) the estimated revenue and balances available to
13571	13571	cover the proposed budget;
13572	13572	(7) the estimated tax rate required; and
13573	13573	(8) the proposed expenditures and disbursements and
13574	13574	the estimated receipts and collections for the following fiscal
13575	13575	year. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
13576	13576	Sec. 1094.202. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
13577	13577	The board shall hold a public hearing on the proposed annual budget.
13578	13578	(b) At least 10 days before the date of the hearing, notice
13579	13579	of the hearing shall be published one time in a newspaper or
13580	13580	newspapers that individually or collectively have general
13581	13581	circulation in the district.
13582	13582	(c) Any property taxpayer of the district is entitled to be
13583	13583	present and participate at the hearing.
13584	13584	(d) At the conclusion of the hearing, the board shall adopt
13585	13585	a budget by acting on the budget proposed by the district
13586	13586	administrator. The board may make any changes in the proposed
13587	13587	budget that the board judges to be in the interest of the taxpayers
13588	13588	and that the law warrants. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7
13589	13589	(part).)
13590	13590	Sec. 1094.203. AMENDMENTS TO BUDGET. The budget may be
13591	13591	amended as required by circumstances. The board must approve all
13592	13592	amendments. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
13593	13593	Sec. 1094.204. RESTRICTION ON EXPENDITURES. Money may be
13594	13594	spent only for an expense included in the budget or an amendment to
13595	13595	the budget. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
13596	13596	Sec. 1094.205. FISCAL YEAR. The district operates
13597	13597	according to a fiscal year that begins on October 1 and ends on
13598	13598	September 30. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
13599	13599	Sec. 1094.206. AUDIT. (a) The district shall have an
13600	13600	independent audit made of the district's financial condition for
13601	13601	the fiscal year.
13602	13602	(b) As soon as the audit is completed, the audit shall be
13603	13603	filed at the district's office. (Acts 62nd Leg., R.S., Ch. 102,
13604	13604	Sec. 7 (part).)
13605	13605	Sec. 1094.207. INSPECTION OF AUDIT AND DISTRICT RECORDS.
13606	13606	The audit and other district records shall be open to inspection at
13607	13607	the district's principal office. (Acts 62nd Leg., R.S., Ch. 102,
13608	13608	Sec. 7 (part).)
13609	13609	Sec. 1094.208. FINANCIAL REPORT. As soon as practicable
13610	13610	after the close of each fiscal year, the district administrator
13611	13611	shall prepare for the board:
13612	13612	(1) a complete sworn statement of all district money;
13613	13613	and
13614	13614	(2) a complete account of the disbursements of that
13615	13615	money. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
13616	13616	Sec. 1094.209. DEPOSITORY. (a) The board shall select one
13617	13617	or more banks in the district to serve as a depository for district
13618	13618	money.
13619	13619	(b) District money, other than money invested as provided by
13620	13620	Section 1094.210(b), and money transmitted to a bank for payment of
13621	13621	bonds or obligations issued by the district, shall be deposited as
13622	13622	received with the depository bank and shall remain on deposit.
13623	13623	(c) This chapter, including Subsection (b), does not limit
13624	13624	the power of the board to place a part of district money on time
13625	13625	deposit or to purchase certificates of deposit. (Acts 62nd Leg.,
13626	13626	R.S., Ch. 102, Sec. 12.)
13627	13627	Sec. 1094.210. SPENDING AND INVESTMENT RESTRICTIONS. (a)
13628	13628	Except as otherwise provided by Section 1094.107(c) and Subchapter
13629	13629	F, the district may not incur an obligation payable from district
13630	13630	revenue other than the revenue on hand or to be on hand in the
13631	13631	current and following district fiscal years.
13632	13632	(b) The board may invest operating, depreciation, or
13633	13633	building reserves only in funds or securities specified by Chapter
13634	13634	2256, Government Code. (Acts 62nd Leg., R.S., Ch. 102, Secs. 6
13635	13635	(part), 11 (part).)
13636	13636	[Sections 1094.211-1094.250 reserved for expansion]
13637	13637	SUBCHAPTER F. BONDS
13638	13638	Sec. 1094.251. GENERAL OBLIGATION BONDS. The board may
13639	13639	issue and sell general obligation bonds in the name and on the faith
13640	13640	and credit of the district for any purpose relating to:
13641	13641	(1) the purchase, construction, acquisition, repair,
13642	13642	or renovation of buildings or improvements; and
13643	13643	(2) equipping buildings or improvements for hospital
13644	13644	purposes. (Acts 62nd Leg., R.S., Ch. 102, Sec. 8(a) (part).)
13645	13645	Sec. 1094.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
13646	13646	the time general obligation bonds are issued by the district under
13647	13647	Section 1094.251, the board shall impose an ad valorem tax at a rate
13648	13648	sufficient to create an interest and sinking fund to pay the
13649	13649	principal of and interest on the bonds as the bonds mature.
13650	13650	(b) The tax required by this section together with any other
13651	13651	ad valorem tax the district imposes may not in any year exceed the
13652	13652	tax rate approved by the voters at the election authorizing the
13653	13653	imposition of the tax. (Acts 62nd Leg., R.S., Ch. 102, Sec. 8(a)
13654	13654	(part).)
13655	13655	Sec. 1094.253. GENERAL OBLIGATION BOND ELECTION. (a) The
13656	13656	district may issue general obligation bonds only if the bonds are
13657	13657	authorized by a majority of the district voters voting at an
13658	13658	election held for that purpose.
13659	13659	(b) The order calling the election shall provide for clerks
13660	13660	as in county elections and must specify:
13661	13661	(1) the date of the election;
13662	13662	(2) the location of the polling places;
13663	13663	(3) the presiding and alternate election judges for
13664	13664	each polling place;
13665	13665	(4) the amount of the bonds to be authorized; and
13666	13666	(5) the maximum interest rate of the bonds.
13667	13667	(c) Notice of a bond election shall be given as provided by
13668	13668	Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 102,
13669	13669	Sec. 8(a) (part).)
13670	13670	Sec. 1094.254. MATURITY OF GENERAL OBLIGATION BONDS.
13671	13671	District general obligation bonds must mature not later than 40
13672	13672	years after the date of issuance. (Acts 62nd Leg., R.S., Ch. 102,
13673	13673	Sec. 8(d) (part).)
13674	13674	Sec. 1094.255. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
13675	13675	The board president shall execute the general obligation bonds in
13676	13676	the district's name.
13677	13677	(b) The board secretary shall countersign the bonds in the
13678	13678	manner provided by Chapter 618, Government Code. (Acts 62nd Leg.,
13679	13679	R.S., Ch. 102, Sec. 8(d) (part).)
13680	13680	Sec. 1094.256. REVENUE BONDS. (a) The board may issue
13681	13681	revenue bonds to:
13682	13682	(1) purchase, construct, acquire, repair, renovate,
13683	13683	or equip buildings or improvements for hospital purposes; or
13684	13684	(2) acquire sites to be used for hospital purposes.
13685	13685	(b) The bonds must be payable from and secured by a pledge of
13686	13686	all or part of the revenue derived from the operation of the
13687	13687	district's hospitals.
13688	13688	(c) The bonds may be additionally secured by a mortgage or
13689	13689	deed of trust lien on all or part of district property.
13690	13690	(d) The bonds must be issued in the manner and in accordance
13691	13691	with the procedures and requirements prescribed by Sections
13692	13692	264.042, 264.043, and 264.046-264.049, Health and Safety Code, for
13693	13693	issuance of revenue bonds by a county hospital authority. (Acts
13694	13694	62nd Leg., R.S., Ch. 102, Sec. 9 (part).)
13695	13695	Sec. 1094.257. REFUNDING BONDS. (a) The board may, without
13696	13696	an election, issue refunding bonds to refund outstanding
13697	13697	indebtedness issued or assumed by the district.
13698	13698	(b) A refunding bond may be:
13699	13699	(1) sold, with the proceeds of the refunding bond
13700	13700	applied to the payment of the indebtedness to be refunded; or
13701	13701	(2) exchanged wholly or partly for not less than a
13702	13702	similar principal amount of outstanding indebtedness. (Acts 62nd
13703	13703	Leg., R.S., Ch. 102, Secs. 8(a) (part), (c) (part), 9 (part).)
13704	13704	Sec. 1094.258. BONDS EXEMPT FROM TAXATION. The following
13705	13705	are exempt from taxation by this state or a political subdivision of
13706	13706	this state:
13707	13707	(1) bonds issued or assumed by the district;
13708	13708	(2) the transfer and issuance of the bonds; and
13709	13709	(3) profits made in the sale of the bonds. (Acts 62nd
13710	13710	Leg., R.S., Ch.102, Sec. 22 (part).)
13711	13711	[Sections 1094.259-1094.300 reserved for expansion]
13712	13712	SUBCHAPTER G. TAXES
13713	13713	Sec. 1094.301. IMPOSITION OF AD VALOREM TAX. (a) The board
13714	13714	shall impose a tax on all property in the district subject to
13715	13715	district taxation.
13716	13716	(b) The board shall impose the tax to:
13717	13717	(1) pay the interest on and create a sinking fund for
13718	13718	bonds or other obligations issued or assumed by the district for
13719	13719	hospital purposes;
13720	13720	(2) provide for the operation and maintenance of the
13721	13721	district and hospital system;
13722	13722	(3) make improvements and additions to the hospital
13723	13723	system; and
13724	13724	(4) acquire necessary sites for the hospital system by
13725	13725	purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 102,
13726	13726	Secs. 4(b) (part), 13(a) (part).)
13727	13727	Sec. 1094.302. TAX RATE. (a) The board may impose the tax
13728	13728	at a rate not to exceed 75 cents on each $100 valuation of taxable
13729	13729	property in the district.
13730	13730	(b) In setting the tax rate, the board shall consider the
13731	13731	income of the district from sources other than taxation. (Acts 62nd
13732	13732	Leg., R.S., Ch. 102, Secs. 4(b) (part), 13(a) (part), (b) (part).)
13733	13733	Sec. 1094.303. ASSESSMENT AND COLLECTION BY COUNTY TAX
13734	13734	ASSESSOR-COLLECTOR. (a) This section applies unless the board
13735	13735	elects to have taxes assessed and collected under Section 1094.304.
13736	13736	(b) The tax assessor-collector of Gaines County shall
13737	13737	assess and collect taxes imposed by the district. (Acts 62nd Leg.,
13738	13738	R.S., Ch. 102, Secs. 16(a) (part), (b) (part).)
13739	13739	Sec. 1094.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX
13740	13740	ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
13741	13741	assessed and collected by a tax assessor-collector appointed by the
13742	13742	board. An election under this subsection must be made by December 1
13743	13743	and governs the manner in which taxes are assessed and collected,
13744	13744	until changed by a similar resolution.
13745	13745	(b) The district tax assessor-collector must:
13746	13746	(1) reside in the district; and
13747	13747	(2) own real property subject to district taxation.
13748	13748	(c) The board shall set for the district tax
13749	13749	assessor-collector:
13750	13750	(1) the term of employment; and
13751	13751	(2) compensation. (Acts 62nd Leg., R.S., Ch. 102,
13752	13752	Secs. 16(a) (part), (c) (part).)
13753	13753	CHAPTER 1095. SHACKELFORD COUNTY HOSPITAL DISTRICT
13754	13754	SUBCHAPTER A. GENERAL PROVISIONS
13755	13755	Sec. 1095.001. DEFINITIONS
13756	13756	Sec. 1095.002. AUTHORITY FOR OPERATION
13757	13757	Sec. 1095.003. ESSENTIAL PUBLIC FUNCTION
13758	13758	Sec. 1095.004. DISTRICT TERRITORY
13759	13759	Sec. 1095.005. DISTRICT SUPPORT AND MAINTENANCE NOT
13760	13760	STATE OBLIGATION
13761	13761	Sec. 1095.006. RESTRICTION ON STATE FINANCIAL
13762	13762	ASSISTANCE
13763	13763	[Sections 1095.007-1095.050 reserved for expansion]
13764	13764	SUBCHAPTER B. DISTRICT ADMINISTRATION
13765	13765	Sec. 1095.051. BOARD ELECTION; TERM
13766	13766	Sec. 1095.052. NOTICE OF ELECTION
13767	13767	Sec. 1095.053. BALLOT PETITION
13768	13768	Sec. 1095.054. QUALIFICATIONS FOR OFFICE
13769	13769	Sec. 1095.055. BOARD VACANCY
13770	13770	Sec. 1095.056. OFFICERS
13771	13771	Sec. 1095.057. COMPENSATION; EXPENSES
13772	13772	Sec. 1095.058. VOTING REQUIREMENT
13773	13773	Sec. 1095.059. DISTRICT ADMINISTRATOR; ASSISTANT
13774	13774	ADMINISTRATOR
13775	13775	Sec. 1095.060. GENERAL DUTIES OF DISTRICT
13776	13776	ADMINISTRATOR
13777	13777	Sec. 1095.061. APPOINTMENT OF STAFF AND EMPLOYEES
13778	13778	[Sections 1095.062-1095.100 reserved for expansion]
13779	13779	SUBCHAPTER C. POWERS AND DUTIES
13780	13780	Sec. 1095.101. DISTRICT RESPONSIBILITY
13781	13781	Sec. 1095.102. RESTRICTION ON POLITICAL SUBDIVISION
13782	13782	TAXATION AND DEBT
13783	13783	Sec. 1095.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
13784	13784	Sec. 1095.104. HOSPITAL SYSTEM
13785	13785	Sec. 1095.105. RULES
13786	13786	Sec. 1095.106. PURCHASING AND ACCOUNTING PROCEDURES
13787	13787	Sec. 1095.107. DISTRICT PROPERTY, FACILITIES, AND
13788	13788	EQUIPMENT
13789	13789	Sec. 1095.108. EMINENT DOMAIN
13790	13790	Sec. 1095.109. COST OF RELOCATING OR ALTERING PROPERTY
13791	13791	Sec. 1095.110. GIFTS AND ENDOWMENTS
13792	13792	Sec. 1095.111. CONSTRUCTION CONTRACTS
13793	13793	Sec. 1095.112. OPERATING AND MANAGEMENT CONTRACTS
13794	13794	Sec. 1095.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
13795	13795	FOR CARE AND TREATMENT
13796	13796	Sec. 1095.114. CONTRACTS WITH GOVERNMENTAL ENTITIES
13797	13797	FOR INVESTIGATORY OR OTHER SERVICES
13798	13798	Sec. 1095.115. PAYMENT FOR TREATMENT; PROCEDURES
13799	13799	Sec. 1095.116. AUTHORITY TO SUE AND BE SUED
13800	13800	Sec. 1095.117. ELECTION DATE
13801	13801	[Sections 1095.118-1095.150 reserved for expansion]
13802	13802	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
13803	13803	Sec. 1095.151. BUDGET
13804	13804	Sec. 1095.152. NOTICE; HEARING; ADOPTION OF BUDGET
13805	13805	Sec. 1095.153. AMENDMENTS TO BUDGET
13806	13806	Sec. 1095.154. RESTRICTION ON EXPENDITURES
13807	13807	Sec. 1095.155. FISCAL YEAR
13808	13808	Sec. 1095.156. ANNUAL AUDIT
13809	13809	Sec. 1095.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
13810	13810	RECORDS
13811	13811	Sec. 1095.158. FINANCIAL REPORT
13812	13812	Sec. 1095.159. DEPOSITORY
13813	13813	Sec. 1095.160. SPENDING AND INVESTMENT RESTRICTIONS
13814	13814	[Sections 1095.161-1095.200 reserved for expansion]
13815	13815	SUBCHAPTER E. BONDS
13816	13816	Sec. 1095.201. GENERAL OBLIGATION BONDS
13817	13817	Sec. 1095.202. TAX TO PAY GENERAL OBLIGATION BONDS
13818	13818	Sec. 1095.203. GENERAL OBLIGATION BOND ELECTION
13819	13819	Sec. 1095.204. MATURITY OF GENERAL OBLIGATION BONDS
13820	13820	Sec. 1095.205. EXECUTION OF GENERAL OBLIGATION BONDS
13821	13821	Sec. 1095.206. REVENUE BONDS
13822	13822	Sec. 1095.207. REFUNDING BONDS
13823	13823	Sec. 1095.208. BONDS EXEMPT FROM TAXATION
13824	13824	[Sections 1095.209-1095.250 reserved for expansion]
13825	13825	SUBCHAPTER F. TAXES
13826	13826	Sec. 1095.251. IMPOSITION OF AD VALOREM TAX
13827	13827	Sec. 1095.252. TAX RATE
13828	13828	Sec. 1095.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
13829	13829	ASSESSOR-COLLECTOR
13830	13830	Sec. 1095.254. ASSESSMENT AND COLLECTION BY DISTRICT
13831	13831	TAX ASSESSOR-COLLECTOR
13832	13832	CHAPTER 1095. SHACKELFORD COUNTY HOSPITAL DISTRICT
13833	13833	SUBCHAPTER A. GENERAL PROVISIONS
13834	13834	Sec. 1095.001. DEFINITIONS. In this chapter:
13835	13835	(1) "Board" means the board of directors of the
13836	13836	district.
13837	13837	(2) "Director" means a member of the board.
13838	13838	(3) "District" means the Shackelford County Hospital
13839	13839	District. (New.)
13840	13840	Sec. 1095.002. AUTHORITY FOR OPERATION. The Shackelford
13841	13841	County Hospital District operates and is administered and financed
13842	13842	in accordance with Section 9, Article IX, Texas Constitution, and
13843	13843	has the rights, powers, and duties provided by this chapter. (Acts
13844	13844	65th Leg., R.S., Ch. 140, Sec. 1 (part).)
13845	13845	Sec. 1095.003. ESSENTIAL PUBLIC FUNCTION. The district
13846	13846	performs an essential public function in carrying out the purposes
13847	13847	of this chapter. (Acts 65th Leg., R.S., Ch. 140, Sec. 21 (part).)
13848	13848	Sec. 1095.004. DISTRICT TERRITORY. The boundaries of the
13849	13849	district are coextensive with the boundaries of Shackelford County,
13850	13850	Texas. (Acts 65th Leg., R.S., Ch. 140, Sec. 1 (part).)
13851	13851	Sec. 1095.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
13852	13852	OBLIGATION. The support and maintenance of the district may not
13853	13853	become a charge against or obligation of this state. (Acts 65th
13854	13854	Leg., R.S., Ch. 140, Sec. 20 (part).)
13855	13855	Sec. 1095.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
13856	13856	The legislature may not make a direct appropriation for the
13857	13857	construction, maintenance, or improvement of a district facility.
13858	13858	(Acts 65th Leg., R.S., Ch. 140, Sec. 20 (part).)
13859	13859	[Sections 1095.007-1095.050 reserved for expansion]
13860	13860	SUBCHAPTER B. DISTRICT ADMINISTRATION
13861	13861	Sec. 1095.051. BOARD ELECTION; TERM. (a) The board
13862	13862	consists of seven directors elected from the district at large.
13863	13863	(b) Unless four-year terms are established under Section
13864	13864	285.081, Health and Safety Code:
13865	13865	(1) directors serve staggered two-year terms; and
13866	13866	(2) a directors' election shall be held on the uniform
13867	13867	election date in May of each year. (Acts 65th Leg., R.S., Ch. 140,
13868	13868	Sec. 4(c) (part).)
13869	13869	Sec. 1095.052. NOTICE OF ELECTION. At least 30 days before
13870	13870	the date of an election of directors, notice of the election shall
13871	13871	be published one time in a newspaper or newspapers that
13872	13872	individually or collectively have general circulation in the
13873	13873	district. (Acts 65th Leg., R.S., Ch. 140, Sec. 4(c) (part).)
13874	13874	Sec. 1095.053. BALLOT PETITION. A person who wants to have
13875	13875	the person's name printed on the ballot as a candidate for director
13876	13876	must file with the board secretary a petition requesting that
13877	13877	action. The petition must be:
13878	13878	(1) signed by at least 10 voters; and
13879	13879	(2) filed at least 30 days before the date of the
13880	13880	election. (Acts 65th Leg., R.S., Ch. 140, Sec. 4(c) (part).)
13881	13881	Sec. 1095.054. QUALIFICATIONS FOR OFFICE. (a) A person may
13882	13882	not be elected or appointed as a director unless the person is:
13883	13883	(1) a resident of the district; and
13884	13884	(2) a qualified voter.
13885	13885	(b) A person is not eligible to serve as a director if the
13886	13886	person is:
13887	13887	(1) the district administrator; or
13888	13888	(2) a district employee. (Acts 65th Leg., R.S., Ch.
13889	13889	140, Sec. 4(d).)
13890	13890	Sec. 1095.055. BOARD VACANCY. If a vacancy occurs in the
13891	13891	office of director, the remaining directors shall appoint a
13892	13892	director for the unexpired term. (Acts 65th Leg., R.S., Ch. 140,
13893	13893	Sec. 4(c) (part).)
13894	13894	Sec. 1095.056. OFFICERS. (a) The board shall elect:
13895	13895	(1) a president and a vice president from among its
13896	13896	members; and
13897	13897	(2) a secretary, who need not be a director.
13898	13898	(b) Each officer of the board serves for a term of one year.
13899	13899	(c) The board shall fill a vacancy in a board office for the
13900	13900	unexpired term. (Acts 65th Leg., R.S., Ch. 140, Sec. 4(e) (part).)
13901	13901	Sec. 1095.057. COMPENSATION; EXPENSES. A director or
13902	13902	officer serves without compensation but may be reimbursed for
13903	13903	actual expenses incurred in the performance of official duties.
13904	13904	The expenses must be:
13905	13905	(1) reported in the district's records; and
13906	13906	(2) approved by the board. (Acts 65th Leg., R.S., Ch.
13907	13907	140, Sec. 4(e) (part).)
13908	13908	Sec. 1095.058. VOTING REQUIREMENT. A concurrence of four
13909	13909	directors is sufficient in any matter relating to district
13910	13910	business. (Acts 65th Leg., R.S., Ch. 140, Sec. 4(e) (part).)
13911	13911	Sec. 1095.059. DISTRICT ADMINISTRATOR; ASSISTANT
13912	13912	ADMINISTRATOR. (a) The board shall appoint a qualified person as
13913	13913	district administrator.
13914	13914	(b) The board may appoint an assistant administrator.
13915	13915	(c) The district administrator and any assistant
13916	13916	administrator serve at the will of the board and are entitled to the
13917	13917	compensation determined by the board.
13918	13918	(d) On assuming the duties of district administrator, the
13919	13919	administrator shall execute a bond payable to the district in an
13920	13920	amount set by the board of not less than $5,000 that:
13921	13921	(1) is conditioned on the administrator performing the
13922	13922	administrator's duties; and
13923	13923	(2) contains other conditions the board may require.
13924	13924	(Acts 65th Leg., R.S., Ch. 140, Sec. 5 (part).)
13925	13925	Sec. 1095.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
13926	13926	Subject to the limitations prescribed by the board, the district
13927	13927	administrator shall:
13928	13928	(1) supervise the work and activities of the district;
13929	13929	and
13930	13930	(2) direct the affairs of the district. (Acts 65th
13931	13931	Leg., R.S., Ch. 140, Sec. 5 (part).)
13932	13932	Sec. 1095.061. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
13933	13933	board may appoint to the staff any doctors as the board considers
13934	13934	necessary for the efficient operation of the district and may make
13935	13935	temporary appointments as warranted.
13936	13936	(b) The district may employ fiscal agents, accountants,
13937	13937	architects, and additional attorneys as the board considers proper.
13938	13938	(c) The board may delegate to the district administrator the
13939	13939	authority to hire district employees, including technicians and
13940	13940	nurses. (Acts 65th Leg., R.S., Ch. 140, Secs. 5 (part), 16.)
13941	13941	[Sections 1095.062-1095.100 reserved for expansion]
13942	13942	SUBCHAPTER C. POWERS AND DUTIES
13943	13943	Sec. 1095.101. DISTRICT RESPONSIBILITY. The district has
13944	13944	full responsibility for operating all hospital facilities for
13945	13945	providing medical and hospital care for the district's needy
13946	13946	inhabitants. (Acts 65th Leg., R.S., Ch. 140, Sec. 19 (part).)
13947	13947	Sec. 1095.102. RESTRICTION ON POLITICAL SUBDIVISION
13948	13948	TAXATION AND DEBT. A political subdivision located wholly or
13949	13949	partly within the district may not impose a tax or issue bonds or
13950	13950	other obligations for hospital purposes or to provide medical care
13951	13951	for district residents. (Acts 65th Leg., R.S., Ch. 140, Sec. 19
13952	13952	(part).)
13953	13953	Sec. 1095.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
13954	13954	The board shall manage, control, and administer the hospital system
13955	13955	and the district's money and resources. (Acts 65th Leg., R.S., Ch.
13956	13956	140, Sec. 5 (part).)
13957	13957	Sec. 1095.104. HOSPITAL SYSTEM. (a) The district shall
13958	13958	provide for:
13959	13959	(1) the establishment of a hospital system by:
13960	13960	(A) purchasing, constructing, acquiring,
13961	13961	repairing, or renovating buildings and equipment; and
13962	13962	(B) equipping the buildings; and
13963	13963	(2) the administration of the system for hospital
13964	13964	purposes.
13965	13965	(b) The hospital system may include any facilities the board
13966	13966	considers necessary for hospital care. (Acts 65th Leg., R.S., Ch.
13967	13967	140, Secs. 2 (part), 10(a) (part).)
13968	13968	Sec. 1095.105. RULES. The board may adopt rules governing
13969	13969	the operation of the hospital, the hospital system, and the
13970	13970	district's staff and employees. (Acts 65th Leg., R.S., Ch. 140,
13971	13971	Sec. 5 (part).)
13972	13972	Sec. 1095.106. PURCHASING AND ACCOUNTING PROCEDURES. The
13973	13973	board may prescribe:
13974	13974	(1) the method and manner of making purchases and
13975	13975	expenditures by and for the district; and
13976	13976	(2) all accounting and control procedures. (Acts 65th
13977	13977	Leg., R.S., Ch. 140, Sec. 10(b) (part).)
13978	13978	Sec. 1095.107. DISTRICT PROPERTY, FACILITIES, AND
13979	13979	EQUIPMENT. (a) The board shall determine the type, number, and
13980	13980	location of buildings required to maintain an adequate hospital
13981	13981	system.
13982	13982	(b) The board may lease all or part of the district's
13983	13983	buildings and other facilities on terms considered to be in the best
13984	13984	interest of the district's inhabitants.
13985	13985	(c) The district may acquire equipment for use in the
13986	13986	district's hospital system and mortgage or pledge the property as
13987	13987	security for the payment of the purchase price.
13988	13988	(d) The district may sell or otherwise dispose of any
13989	13989	property, including equipment, on terms the board finds are in the
13990	13990	best interest of the district's inhabitants. (Acts 65th Leg.,
13991	13991	R.S., Ch. 140, Secs. 10(a) (part), (b) (part).)
13992	13992	Sec. 1095.108. EMINENT DOMAIN. (a) The district may
13993	13993	exercise the power of eminent domain to acquire a fee simple or
13994	13994	other interest in any type of property located in district
13995	13995	territory if the interest is necessary or convenient for the
13996	13996	district to exercise a power, right, or privilege conferred by this
13997	13997	chapter.
13998	13998	(b) The district must exercise the power of eminent domain
13999	13999	in the manner provided by Chapter 21, Property Code, except the
14000	14000	district is not required to deposit in the trial court money or a
14001	14001	bond as provided by Section 21.021(a), Property Code.
14002	14002	(c) In a condemnation proceeding brought by the district,
14003	14003	the district is not required to:
14004	14004	(1) pay in advance or provide a bond or other security
14005	14005	for costs in the trial court;
14006	14006	(2) provide a bond for the issuance of a temporary
14007	14007	restraining order or a temporary injunction; or
14008	14008	(3) provide a bond for costs or a supersedeas bond on
14009	14009	an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 140,
14010	14010	Sec. 14(a).)
14011	14011	Sec. 1095.109. COST OF RELOCATING OR ALTERING PROPERTY. In
14012	14012	exercising the power of eminent domain, if the board requires
14013	14013	relocating, raising, lowering, rerouting, changing the grade of, or
14014	14014	altering the construction of any railroad, electric transmission,
14015	14015	telegraph or telephone line, conduit, pole, or facility, or
14016	14016	pipeline, the board must bear the actual cost of relocating,
14017	14017	raising, lowering, rerouting, changing the grade, or altering the
14018	14018	construction to provide comparable replacement without enhancement
14019	14019	of facilities, after deducting the net salvage value derived from
14020	14020	the old facility. (Acts 65th Leg., R.S., Ch. 140, Sec. 14(b).)
14021	14021	Sec. 1095.110. GIFTS AND ENDOWMENTS. The board may accept
14022	14022	for the district a gift or endowment to be held in trust and
14023	14023	administered by the board for the purposes and under the
14024	14024	directions, limitations, or other provisions prescribed in writing
14025	14025	by the donor that are not inconsistent with the proper management
14026	14026	and objectives of the district. (Acts 65th Leg., R.S., Ch. 140,
14027	14027	Sec. 18.)
14028	14028	Sec. 1095.111. CONSTRUCTION CONTRACTS. A construction
14029	14029	contract that involves the expenditure of more than $10,000 may be
14030	14030	made only after advertising in the manner provided by Chapter 252
14031	14031	and Subchapter C, Chapter 262, Local Government Code. (Acts 65th
14032	14032	Leg., R.S., Ch. 140, Sec. 10(b) (part).)
14033	14033	Sec. 1095.112. OPERATING AND MANAGEMENT CONTRACTS. The
14034	14034	board may enter into an operating or management contract relating
14035	14035	to a district facility. (Acts 65th Leg., R.S., Ch. 140, Sec. 10(a)
14036	14036	(part).)
14037	14037	Sec. 1095.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
14038	14038	CARE AND TREATMENT. (a) The board may contract with a county or
14039	14039	municipality located outside the district's boundaries for the care
14040	14040	and treatment of a sick or injured person of that county or
14041	14041	municipality.
14042	14042	(b) The board may contract with this state or a federal
14043	14043	agency for the treatment of a sick or injured person. (Acts 65th
14044	14044	Leg., R.S., Ch. 140, Sec. 5 (part).)
14045	14045	Sec. 1095.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
14046	14046	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
14047	14047	political subdivision or governmental agency for the district to
14048	14048	provide investigatory or other services for the medical, hospital,
14049	14049	or welfare needs of district inhabitants. (Acts 65th Leg., R.S.,
14050	14050	Ch. 140, Sec. 5 (part).)
14051	14051	Sec. 1095.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
14052	14052	When a patient who resides in the district is admitted to a district
14053	14053	facility, the district administrator may have an inquiry made into
14054	14054	the circumstances of:
14055	14055	(1) the patient; and
14056	14056	(2) the patient's relatives who are legally liable for
14057	14057	the patient's support.
14058	14058	(b) If the district administrator determines that the
14059	14059	patient or those relatives cannot pay all or part of the costs of
14060	14060	the care and treatment in the hospital, the amount of the costs that
14061	14061	cannot be paid becomes a charge against the district.
14062	14062	(c) If the district administrator determines that the
14063	14063	patient or those relatives can pay for all or part of the costs of
14064	14064	the patient's care and treatment, the patient or those relatives
14065	14065	shall be ordered to pay the district a specified amount each week
14066	14066	for the patient's care and support. The amount ordered must be
14067	14067	proportionate to the person's financial ability.
14068	14068	(d) The district administrator may collect the amount from
14069	14069	the estate of the patient, or from any relative who is legally
14070	14070	liable for the patient's support, in the manner provided by law for
14071	14071	the collection of expenses of the last illness of a deceased person.
14072	14072	(e) If there is a dispute as to the ability to pay, or doubt
14073	14073	in the mind of the district administrator, the board shall hold a
14074	14074	hearing and, after calling witnesses, shall:
14075	14075	(1) resolve the dispute; and
14076	14076	(2) issue any appropriate orders.
14077	14077	(f) A final order of the board may be appealed to the
14078	14078	district court. The substantial evidence rule applies to the
14079	14079	appeal. (Acts 65th Leg., R.S., Ch. 140, Sec. 17.)
14080	14080	Sec. 1095.116. AUTHORITY TO SUE AND BE SUED. The district,
14081	14081	through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
14082	14082	140, Sec. 5 (part).)
14083	14083	Sec. 1095.117. ELECTION DATE. Notwithstanding Section
14084	14084	41.001(a), Election Code, the board may choose the date for an
14085	14085	election held under this chapter other than a directors' election
14086	14086	under Section 1095.051. (Acts 65th Leg., R.S., Ch. 140, Sec. 3(e).)
14087	14087	[Sections 1095.118-1095.150 reserved for expansion]
14088	14088	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
14089	14089	Sec. 1095.151. BUDGET. (a) The district administrator
14090	14090	shall prepare an annual budget for approval by the board.
14091	14091	(b) The proposed budget must contain a complete financial
14092	14092	statement of:
14093	14093	(1) the outstanding obligations of the district;
14094	14094	(2) the cash on hand in each district fund;
14095	14095	(3) the money received by the district from all
14096	14096	sources during the previous year;
14097	14097	(4) the money available to the district from all
14098	14098	sources during the ensuing year;
14099	14099	(5) the balances expected at the end of the year in
14100	14100	which the budget is being prepared;
14101	14101	(6) the estimated revenue and balances available to
14102	14102	cover the proposed budget; and
14103	14103	(7) the estimated tax rate required. (Acts 65th Leg.,
14104	14104	R.S., Ch. 140, Sec. 6 (part).)
14105	14105	Sec. 1095.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
14106	14106	The board shall hold a public hearing on the proposed annual budget.
14107	14107	(b) Notice of the hearing must be published one time at
14108	14108	least 10 days before the date of the hearing.
14109	14109	(c) Any district resident is entitled to be present and
14110	14110	participate at the hearing.
14111	14111	(d) At the conclusion of the hearing, the board shall adopt
14112	14112	a budget by acting on the budget proposed by the district
14113	14113	administrator. The board may make any changes in the proposed
14114	14114	budget that the board judges to be in the interests of the taxpayers
14115	14115	and that the law warrants. (Acts 65th Leg., R.S., Ch. 140, Sec. 6
14116	14116	(part).)
14117	14117	Sec. 1095.153. AMENDMENTS TO BUDGET. The budget may be
14118	14118	amended as required by circumstances. The board must approve all
14119	14119	amendments. (Acts 65th Leg., R.S., Ch. 140, Sec. 6 (part).)
14120	14120	Sec. 1095.154. RESTRICTION ON EXPENDITURES. Money may be
14121	14121	spent only for an expense included in the budget or an amendment to
14122	14122	the budget. (Acts 65th Leg., R.S., Ch. 140, Sec. 6 (part).)
14123	14123	Sec. 1095.155. FISCAL YEAR. (a) The district operates
14124	14124	according to a fiscal year established by the board.
14125	14125	(b) The fiscal year may not be changed:
14126	14126	(1) during a period that district revenue bonds are
14127	14127	outstanding; or
14128	14128	(2) more than once in a 24-month period. (Acts 65th
14129	14129	Leg., R.S., Ch. 140, Sec. 6 (part).)
14130	14130	Sec. 1095.156. ANNUAL AUDIT. The board annually shall have
14131	14131	an audit made of the district's financial condition. (Acts 65th
14132	14132	Leg., R.S., Ch. 140, Sec. 6 (part).)
14133	14133	Sec. 1095.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
14134	14134	RECORDS. The annual audit and other district records shall be open
14135	14135	to inspection at the district's principal office. (Acts 65th Leg.,
14136	14136	R.S., Ch. 140, Sec. 6 (part).)
14137	14137	Sec. 1095.158. FINANCIAL REPORT. As soon as practicable
14138	14138	after the close of each fiscal year, the district administrator
14139	14139	shall prepare for the board:
14140	14140	(1) a complete sworn statement of all district money;
14141	14141	and
14142	14142	(2) a complete account of the disbursements of that
14143	14143	money. (Acts 65th Leg., R.S., Ch. 140, Sec. 6 (part).)
14144	14144	Sec. 1095.159. DEPOSITORY. (a) The board shall select one
14145	14145	or more banks inside or outside the district to serve as a
14146	14146	depository for district money.
14147	14147	(b) District money, other than money invested as provided by
14148	14148	Section 1095.160(b), and money transmitted to a bank for payment of
14149	14149	bonds or obligations issued or assumed by the district, shall be
14150	14150	deposited as received with the depository bank and shall remain on
14151	14151	deposit.
14152	14152	(c) This chapter, including Subsection (b), does not limit
14153	14153	the power of the board to place a part of district money on time
14154	14154	deposit or to purchase certificates of deposit.
14155	14155	(d) The district may not deposit money with a bank in an
14156	14156	amount that exceeds the maximum amount secured by the Federal
14157	14157	Deposit Insurance Corporation unless the bank first executes a bond
14158	14158	or other security in an amount sufficient to secure from loss the
14159	14159	district money that exceeds the amount secured by the Federal
14160	14160	Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch. 140,
14161	14161	Sec. 11.)
14162	14162	Sec. 1095.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
14163	14163	Except as otherwise provided by Section 1095.107(c) and by
14164	14164	Subchapter E, the district may not incur an obligation payable from
14165	14165	district revenue other than the revenue on hand or to be on hand in
14166	14166	the current and following district fiscal years.
14167	14167	(b) The board may invest operating, depreciation, or
14168	14168	building reserves only in funds or securities specified by Chapter
14169	14169	2256, Government Code. (Acts 65th Leg., R.S., Ch. 140, Secs. 5
14170	14170	(part), 10(b) (part).)
14171	14171	[Sections 1095.161-1095.200 reserved for expansion]
14172	14172	SUBCHAPTER E. BONDS
14173	14173	Sec. 1095.201. GENERAL OBLIGATION BONDS. The board may
14174	14174	issue and sell general obligation bonds in the name and on the faith
14175	14175	and credit of the district for any purpose relating to:
14176	14176	(1) the purchase, construction, acquisition, repair,
14177	14177	or renovation of buildings or improvements; and
14178	14178	(2) equipping buildings or improvements for hospital
14179	14179	purposes. (Acts 65th Leg., R.S., Ch. 140, Sec. 7(a) (part).)
14180	14180	Sec. 1095.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
14181	14181	the time general obligation bonds are issued by the district under
14182	14182	Section 1095.201, the board shall impose an ad valorem tax at a rate
14183	14183	sufficient to create an interest and sinking fund to pay the
14184	14184	principal of and interest on the bonds as the bonds mature.
14185	14185	(b) The tax required by this section together with any other
14186	14186	ad valorem tax the district imposes may not in any year exceed 75
14187	14187	cents on each $100 valuation of all taxable property in the
14188	14188	district. (Acts 65th Leg., R.S., Ch. 140, Sec. 7(a) (part).)
14189	14189	Sec. 1095.203. GENERAL OBLIGATION BOND ELECTION. (a) The
14190	14190	district may issue general obligation bonds only if the bonds are
14191	14191	authorized by a majority of the district voters.
14192	14192	(b) The order calling the election shall provide for clerks
14193	14193	as in county elections and must specify:
14194	14194	(1) the date of the election;
14195	14195	(2) the location of the polling places;
14196	14196	(3) the presiding and alternate election judges for
14197	14197	each polling place;
14198	14198	(4) the amount of the bonds to be authorized; and
14199	14199	(5) the maximum maturity of the bonds.
14200	14200	(c) Notice of a bond election shall be given as provided by
14201	14201	Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 140,
14202	14202	Sec. 7(a) (part).)
14203	14203	Sec. 1095.204. MATURITY OF GENERAL OBLIGATION BONDS.
14204	14204	District general obligation bonds must mature not later than 40
14205	14205	years after the date of issuance. (Acts 65th Leg., R.S., Ch. 140,
14206	14206	Sec. 7(c) (part).)
14207	14207	Sec. 1095.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
14208	14208	The board president shall execute the general obligation bonds in
14209	14209	the district's name.
14210	14210	(b) The board secretary shall countersign the bonds in the
14211	14211	manner provided by Chapter 618, Government Code. (Acts 65th Leg.,
14212	14212	R.S., Ch. 140, Sec. 7(c) (part).)
14213	14213	Sec. 1095.206. REVENUE BONDS. (a) The board may issue
14214	14214	revenue bonds to:
14215	14215	(1) purchase, construct, acquire, repair, renovate,
14216	14216	or equip buildings or improvements for hospital purposes; or
14217	14217	(2) acquire sites to be used for hospital purposes.
14218	14218	(b) The bonds must be payable from and secured by a pledge of
14219	14219	all or part of the revenue derived from the operation of the
14220	14220	district's hospitals.
14221	14221	(c) The bonds may be additionally secured by a mortgage or
14222	14222	deed of trust lien on all or part of district property.
14223	14223	(d) The bonds must be issued in the manner and in accordance
14224	14224	with the procedures and requirements prescribed by Sections
14225	14225	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
14226	14226	and Safety Code, for issuance of revenue bonds by a county hospital
14227	14227	authority. (Acts 65th Leg., R.S., Ch. 140, Sec. 9 (part).)
14228	14228	Sec. 1095.207. REFUNDING BONDS. (a) The board may, without
14229	14229	an election, issue refunding bonds to refund outstanding
14230	14230	indebtedness issued or assumed by the district.
14231	14231	(b) A refunding bond may be:
14232	14232	(1) sold, with the proceeds of the refunding bond
14233	14233	applied to the payment of the outstanding indebtedness; or
14234	14234	(2) exchanged wholly or partly for not less than a
14235	14235	similar principal amount of outstanding indebtedness. (Acts 65th
14236	14236	Leg., R.S., Ch. 140, Secs. 7(a) (part), (b) (part), 9 (part).)
14237	14237	Sec. 1095.208. BONDS EXEMPT FROM TAXATION. The following
14238	14238	are exempt from taxation by this state or a political subdivision of
14239	14239	this state:
14240	14240	(1) bonds issued by the district;
14241	14241	(2) the transfer and issuance of the bonds; and
14242	14242	(3) profits made in the sale of the bonds. (Acts 65th
14243	14243	Leg., R.S., Ch. 140, Sec. 21 (part).)
14244	14244	[Sections 1095.209-1095.250 reserved for expansion]
14245	14245	SUBCHAPTER F. TAXES
14246	14246	Sec. 1095.251. IMPOSITION OF AD VALOREM TAX. (a) The board
14247	14247	shall impose a tax on all property in the district subject to
14248	14248	district taxation.
14249	14249	(b) The board shall impose the tax to pay:
14250	14250	(1) indebtedness issued or assumed by the district;
14251	14251	and
14252	14252	(2) the maintenance and operating expenses of the
14253	14253	district.
14254	14254	(c) The board may not impose a tax to pay the principal of or
14255	14255	interest on revenue bonds issued under this chapter. (Acts 65th
14256	14256	Leg., R.S., Ch. 140, Secs. 12(a) (part), 15(a) (part).)
14257	14257	Sec. 1095.252. TAX RATE. (a) The board may impose the tax
14258	14258	at a rate not to exceed 75 cents on each $100 valuation of taxable
14259	14259	property in the district.
14260	14260	(b) In setting the tax rate, the board shall consider the
14261	14261	income of the district from sources other than taxation. (Acts 65th
14262	14262	Leg., R.S., Ch. 140, Secs. 3(b) (part), 12(a) (part), (b) (part).)
14263	14263	Sec. 1095.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
14264	14264	ASSESSOR-COLLECTOR. (a) This section applies unless the board
14265	14265	elects to have taxes assessed and collected under Section 1095.254.
14266	14266	(b) The tax assessor-collector of Shackelford County shall
14267	14267	assess and collect taxes imposed by the district. (Acts 65th Leg.,
14268	14268	R.S., Ch. 140, Secs. 15(a) (part), (b) (part).)
14269	14269	Sec. 1095.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
14270	14270	ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
14271	14271	assessed and collected by a tax assessor-collector appointed by the
14272	14272	board. An election under this subsection must be made by December 1
14273	14273	and governs the manner in which taxes are assessed and collected,
14274	14274	until changed by a similar resolution.
14275	14275	(b) The district tax assessor-collector must reside in the
14276	14276	district.
14277	14277	(c) The board shall set for the district tax
14278	14278	assessor-collector:
14279	14279	(1) the term of employment; and
14280	14280	(2) compensation. (Acts 65th Leg., R.S., Ch. 140,
14281	14281	Secs. 15(a) (part), (c) (part).)
14282	14282	CHAPTER 1097. SOUTH WHEELER COUNTY HOSPITAL DISTRICT
14283	14283	SUBCHAPTER A. GENERAL PROVISIONS
14284	14284	Sec. 1097.001. DEFINITIONS
14285	14285	Sec. 1097.002. AUTHORITY FOR CREATION
14286	14286	Sec. 1097.003. ESSENTIAL PUBLIC FUNCTION
14287	14287	Sec. 1097.004. DISTRICT TERRITORY
14288	14288	Sec. 1097.005. DISTRICT SUPPORT AND MAINTENANCE NOT
14289	14289	STATE OBLIGATION
14290	14290	Sec. 1097.006. RESTRICTION ON STATE FINANCIAL
14291	14291	ASSISTANCE
14292	14292	[Sections 1097.007-1097.050 reserved for expansion]
14293	14293	SUBCHAPTER B. DISTRICT ADMINISTRATION
14294	14294	Sec. 1097.051. BOARD ELECTION; TERM
14295	14295	Sec. 1097.052. NOTICE OF ELECTION
14296	14296	Sec. 1097.053. BALLOT PETITION
14297	14297	Sec. 1097.054. QUALIFICATIONS FOR OFFICE
14298	14298	Sec. 1097.055. BOND; RECORD OF BOND AND OATH OR
14299	14299	AFFIRMATION OF OFFICE
14300	14300	Sec. 1097.056. BOARD VACANCY
14301	14301	Sec. 1097.057. OFFICERS
14302	14302	Sec. 1097.058. VOTING REQUIREMENT
14303	14303	Sec. 1097.059. DISTRICT ADMINISTRATOR; ASSISTANT
14304	14304	ADMINISTRATOR
14305	14305	Sec. 1097.060. GENERAL DUTIES OF DISTRICT
14306	14306	ADMINISTRATOR
14307	14307	Sec. 1097.061. EMPLOYEES
14308	14308	Sec. 1097.062. RETIREMENT PROGRAM
14309	14309	[Sections 1097.063-1097.100 reserved for expansion]
14310	14310	SUBCHAPTER C. POWERS AND DUTIES
14311	14311	Sec. 1097.101. DISTRICT RESPONSIBILITY
14312	14312	Sec. 1097.102. RESTRICTION ON POLITICAL SUBDIVISION
14313	14313	TAXATION AND DEBT
14314	14314	Sec. 1097.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
14315	14315	Sec. 1097.104. HOSPITAL SYSTEM
14316	14316	Sec. 1097.105. RULES
14317	14317	Sec. 1097.106. PURCHASING AND ACCOUNTING PROCEDURES
14318	14318	Sec. 1097.107. EMINENT DOMAIN
14319	14319	Sec. 1097.108. GIFTS AND ENDOWMENTS
14320	14320	Sec. 1097.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
14321	14321	FOR CARE AND TREATMENT
14322	14322	Sec. 1097.110. PAYMENT FOR TREATMENT; PROCEDURES
14323	14323	Sec. 1097.111. AUTHORITY TO SUE AND BE SUED
14324	14324	[Sections 1097.112-1097.150 reserved for expansion]
14325	14325	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
14326	14326	Sec. 1097.151. BUDGET
14327	14327	Sec. 1097.152. FISCAL YEAR
14328	14328	Sec. 1097.153. AUDIT
14329	14329	Sec. 1097.154. FINANCIAL REPORT
14330	14330	Sec. 1097.155. DEPOSITORY
14331	14331	[Sections 1097.156-1097.200 reserved for expansion]
14332	14332	SUBCHAPTER E. BONDS
14333	14333	Sec. 1097.201. GENERAL OBLIGATION BONDS
14334	14334	Sec. 1097.202. TAX TO PAY GENERAL OBLIGATION BONDS
14335	14335	Sec. 1097.203. GENERAL OBLIGATION BOND ELECTION
14336	14336	Sec. 1097.204. EXECUTION OF GENERAL OBLIGATION BONDS
14337	14337	Sec. 1097.205. REFUNDING BONDS
14338	14338	Sec. 1097.206. BONDS EXEMPT FROM TAXATION
14339	14339	[Sections 1097.207-1097.250 reserved for expansion]
14340	14340	SUBCHAPTER F. TAXES
14341	14341	Sec. 1097.251. IMPOSITION OF AD VALOREM TAX
14342	14342	Sec. 1097.252. TAX RATE
14343	14343	Sec. 1097.253. TAX ASSESSOR-COLLECTOR
14344	14344	CHAPTER 1097. SOUTH WHEELER COUNTY HOSPITAL DISTRICT
14345	14345	SUBCHAPTER A. GENERAL PROVISIONS
14346	14346	Sec. 1097.001. DEFINITIONS. In this chapter:
14347	14347	(1) "Board" means the board of directors of the
14348	14348	district.
14349	14349	(2) "Director" means a member of the board.
14350	14350	(3) "District" means the South Wheeler County Hospital
14351	14351	District. (New.)
14352	14352	Sec. 1097.002. AUTHORITY FOR CREATION. The South Wheeler
14353	14353	County Hospital District is created under the authority of Section
14354	14354	9, Article IX, Texas Constitution, and has the rights, powers, and
14355	14355	duties prescribed by this chapter. (Acts 58th Leg., R.S., Ch. 261,
14356	14356	Sec. 1 (part).)
14357	14357	Sec. 1097.003. ESSENTIAL PUBLIC FUNCTION. The district
14358	14358	performs an essential public function in carrying out the purposes
14359	14359	of this chapter. (Acts 58th Leg., R.S., Ch. 261, Sec. 10 (part).)
14360	14360	Sec. 1097.004. DISTRICT TERRITORY. The boundaries of the
14361	14361	district are coextensive with the boundaries of County
14362	14362	Commissioners Precincts 3 and 4 of Wheeler County, Texas, as those
14363	14363	boundaries existed on January 1, 1963. (Acts 58th Leg., R.S., Ch.
14364	14364	261, Sec. 1 (part).)
14365	14365	Sec. 1097.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
14366	14366	OBLIGATION. The support and maintenance of the district may not
14367	14367	become a charge against or obligation of this state. (Acts 58th
14368	14368	Leg., R.S., Ch. 261, Sec. 20 (part).)
14369	14369	Sec. 1097.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
14370	14370	The legislature may not make a direct appropriation for the
14371	14371	construction, maintenance, or improvement of a district facility.
14372	14372	(Acts 58th Leg., R.S., Ch. 261, Sec. 20 (part).)
14373	14373	[Sections 1097.007-1097.050 reserved for expansion]
14374	14374	SUBCHAPTER B. DISTRICT ADMINISTRATION
14375	14375	Sec. 1097.051. BOARD ELECTION; TERM. (a) The board
14376	14376	consists of seven directors elected as follows:
14377	14377	(1) two directors elected from County Commissioners
14378	14378	Precinct 3 by the voters of that precinct;
14379	14379	(2) two directors elected from County Commissioners
14380	14380	Precinct 4 by the voters of that precinct; and
14381	14381	(3) three directors elected from the district at large
14382	14382	by the voters of the entire district.
14383	14383	(b) Directors serve staggered two-year terms unless
14384	14384	four-year terms are established under Section 285.081, Health and
14385	14385	Safety Code. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
14386	14386	Sec. 1097.052. NOTICE OF ELECTION. At least 10 days before
14387	14387	the date of an election of directors, notice of the election shall
14388	14388	be published one time in a newspaper of general circulation in
14389	14389	Wheeler County. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
14390	14390	Sec. 1097.053. BALLOT PETITION. A person who wants to have
14391	14391	the person's name printed on the ballot as a candidate for director
14392	14392	must file with the board secretary a petition requesting that
14393	14393	action. The petition must be:
14394	14394	(1) signed by not fewer than 10 registered voters; and
14395	14395	(2) filed at least 25 days before the date of the
14396	14396	election. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
14397	14397	Sec. 1097.054. QUALIFICATIONS FOR OFFICE. (a) A person may
14398	14398	not be elected or appointed as a director unless the person:
14399	14399	(1) is a resident of the district;
14400	14400	(2) owns property in the district subject to taxation;
14401	14401	and
14402	14402	(3) is more than 18 years of age at the time of
14403	14403	election or appointment.
14404	14404	(b) A person may not be elected to represent a particular
14405	14405	county commissioners precinct unless the person is a resident of
14406	14406	that precinct. (Acts 58th Leg., R.S., Ch. 281, Sec. 4 (part).)
14407	14407	Sec. 1097.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
14408	14408	OF OFFICE. (a) Each director shall execute a good and sufficient
14409	14409	bond for $1,000 that is:
14410	14410	(1) payable to the district; and
14411	14411	(2) conditioned on the faithful performance of the
14412	14412	director's duties.
14413	14413	(b) Each director's bond and constitutional oath or
14414	14414	affirmation of office shall be deposited with the district's
14415	14415	depository bank for safekeeping. (Acts 58th Leg., R.S., Ch. 261,
14416	14416	Sec. 4 (part).)
14417	14417	Sec. 1097.056. BOARD VACANCY. (a) If a vacancy occurs in
14418	14418	the office of director, the remaining directors shall appoint a
14419	14419	director for the unexpired term.
14420	14420	(b) If the number of directors is reduced to fewer than four
14421	14421	for any reason, the remaining directors shall immediately call a
14422	14422	special election to fill the vacancies. If the remaining directors
14423	14423	do not call the election, a district court, on application of a
14424	14424	district voter or taxpayer, may order the directors to hold the
14425	14425	election. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
14426	14426	Sec. 1097.057. OFFICERS. The board shall elect from among
14427	14427	its members a president, a vice president, and a secretary. (Acts
14428	14428	58th Leg., R.S., Ch. 261, Sec. 4 (part).)
14429	14429	Sec. 1097.058. VOTING REQUIREMENT. A concurrence of four
14430	14430	directors is sufficient in any matter relating to district
14431	14431	business. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
14432	14432	Sec. 1097.059. DISTRICT ADMINISTRATOR; ASSISTANT
14433	14433	ADMINISTRATOR. (a) The board shall appoint a qualified person as
14434	14434	district administrator.
14435	14435	(b) The board may appoint an assistant administrator.
14436	14436	(c) The district administrator and any assistant
14437	14437	administrator serve at the will of the board and are entitled to the
14438	14438	compensation determined by the board.
14439	14439	(d) On assuming the duties of district administrator, the
14440	14440	administrator shall execute a bond payable to the district in an
14441	14441	amount set by the board of not less than $10,000 that:
14442	14442	(1) is conditioned on the administrator performing the
14443	14443	administrator's duties; and
14444	14444	(2) contains other conditions the board may require.
14445	14445	(Acts 58th Leg., R.S., Ch. 261, Sec. 5 (part).)
14446	14446	Sec. 1097.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
14447	14447	Subject to the limitations prescribed by the board, the district
14448	14448	administrator shall:
14449	14449	(1) supervise the work and activities of the district;
14450	14450	and
14451	14451	(2) direct the affairs of the district. (Acts 58th
14452	14452	Leg., R.S., Ch. 261, Sec. 5 (part).)
14453	14453	Sec. 1097.061. EMPLOYEES. The board may employ any
14454	14454	doctors, technicians, nurses, and other employees as considered
14455	14455	necessary for the efficient operation of the district or may
14456	14456	provide that the district administrator has the authority to employ
14457	14457	those persons. (Acts 58th Leg., R.S., Ch. 261, Sec. 5 (part).)
14458	14458	Sec. 1097.062. RETIREMENT PROGRAM. The board may contract
14459	14459	with this state or the federal government to establish or continue a
14460	14460	retirement program for the benefit of the district's employees.
14461	14461	(Acts 58th Leg., R.S., Ch. 261, Sec. 5 (part).)
14462	14462	[Sections 1097.063-1097.100 reserved for expansion]
14463	14463	SUBCHAPTER C. POWERS AND DUTIES
14464	14464	Sec. 1097.101. DISTRICT RESPONSIBILITY. The district has
14465	14465	full responsibility for:
14466	14466	(1) operating all hospital facilities for providing
14467	14467	medical and hospital care of indigent persons; and
14468	14468	(2) providing medical and hospital care for the
14469	14469	district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 261,
14470	14470	Secs. 2 (part), 19 (part).)
14471	14471	Sec. 1097.102. RESTRICTION ON POLITICAL SUBDIVISION
14472	14472	TAXATION AND DEBT. A political subdivision located within the
14473	14473	district may not impose a tax or issue bonds or other obligations
14474	14474	for hospital purposes for medical treatment of indigent persons.
14475	14475	(Acts 58th Leg., R.S., Ch. 261, Sec. 19 (part).)
14476	14476	Sec. 1097.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
14477	14477	The board shall manage, control, and administer the district's
14478	14478	hospitals and hospital system. (Acts 58th Leg., R.S., Ch. 261, Sec.
14479	14479	5 (part).)
14480	14480	Sec. 1097.104. HOSPITAL SYSTEM. The district shall provide
14481	14481	for the establishment of a hospital system by:
14482	14482	(1) purchasing, constructing, acquiring, repairing,
14483	14483	or renovating buildings and equipment;
14484	14484	(2) equipping the buildings; and
14485	14485	(3) administering the buildings and equipment for
14486	14486	hospital purposes. (Acts 58th Leg., R.S., Ch. 261, Sec. 2 (part).)
14487	14487	Sec. 1097.105. RULES. The board may adopt rules for the
14488	14488	operation of the district and as required to administer this
14489	14489	chapter. (Acts 58th Leg., R.S., Ch. 261, Secs. 5 (part), 11
14490	14490	(part).)
14491	14491	Sec. 1097.106. PURCHASING AND ACCOUNTING PROCEDURES. The
14492	14492	board may prescribe:
14493	14493	(1) the method and manner of making purchases and
14494	14494	expenditures by and for the district; and
14495	14495	(2) all accounting and control procedures. (Acts 58th
14496	14496	Leg., R.S., Ch. 261, Sec. 11 (part).)
14497	14497	Sec. 1097.107. EMINENT DOMAIN. (a) The district may
14498	14498	exercise the power of eminent domain to acquire a fee simple or
14499	14499	other interest in any type of property located in district
14500	14500	territory if the interest is necessary or convenient for the
14501	14501	district to exercise a power, right, or privilege conferred by this
14502	14502	chapter.
14503	14503	(b) The district must exercise the power of eminent domain
14504	14504	in the manner provided by Chapter 21, Property Code. (Acts 58th
14505	14505	Leg., R.S., Ch. 261, Sec. 14.)
14506	14506	Sec. 1097.108. GIFTS AND ENDOWMENTS. The board may accept
14507	14507	for the district a gift or endowment to be held in trust and
14508	14508	administered by the board for the purposes and under the
14509	14509	directions, limitations, or other provisions prescribed in writing
14510	14510	by the donor that are not inconsistent with the proper management
14511	14511	and objectives of the district. (Acts 58th Leg., R.S., Ch. 261,
14512	14512	Sec. 17.)
14513	14513	Sec. 1097.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
14514	14514	CARE AND TREATMENT. (a) The board may contract with a county or
14515	14515	municipality located outside the district for the care and
14516	14516	treatment of a sick or injured person of that county or
14517	14517	municipality.
14518	14518	(b) The board may contract with this state or a federal
14519	14519	agency for the treatment of a sick or injured person for whom this
14520	14520	state or the federal government is responsible. (Acts 58th Leg.,
14521	14521	R.S., Ch. 261, Sec. 5 (part).)
14522	14522	Sec. 1097.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
14523	14523	When a patient who resides in the district is admitted to a district
14524	14524	facility, the district administrator shall have an inquiry made
14525	14525	into the circumstances of:
14526	14526	(1) the patient; and
14527	14527	(2) the patient's relatives who are legally liable for
14528	14528	the patient's support.
14529	14529	(b) If the district administrator determines that the
14530	14530	patient or those relatives cannot pay all or part of the costs of
14531	14531	the care and treatment in the hospital, the amount of the costs that
14532	14532	cannot be paid becomes a charge against the district.
14533	14533	(c) If the district administrator determines that the
14534	14534	patient or those relatives can pay for all or part of the costs of
14535	14535	the patient's care and treatment, the patient or those relatives
14536	14536	shall be ordered to pay the district a specified amount each week
14537	14537	for the patient's support. The amount ordered must be
14538	14538	proportionate to the person's financial ability and may not exceed
14539	14539	the actual per capita cost of maintenance.
14540	14540	(d) The district administrator may collect the amount from
14541	14541	the patient's estate, or from any relative who is legally liable for
14542	14542	the patient's support, in the manner provided by law for the
14543	14543	collection of expenses of the last illness of a deceased person.
14544	14544	(e) If there is a dispute as to the ability to pay, or doubt
14545	14545	in the mind of the district administrator, the board shall hold a
14546	14546	hearing and, after calling witnesses, shall:
14547	14547	(1) resolve the dispute or doubt; and
14548	14548	(2) issue any appropriate orders. (Acts 58th Leg.,
14549	14549	R.S., Ch. 261, Sec. 16.)
14550	14550	Sec. 1097.111. AUTHORITY TO SUE AND BE SUED. The district,
14551	14551	through the board, may sue and be sued. (Acts 58th Leg., R.S., Ch.
14552	14552	261, Sec. 5 (part).)
14553	14553	[Sections 1097.112-1097.150 reserved for expansion]
14554	14554	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
14555	14555	Sec. 1097.151. BUDGET. (a) The district administrator
14556	14556	shall prepare an annual budget for approval by the board. The
14557	14557	budget must be for the fiscal year prescribed by Section 1097.152.
14558	14558	(b) Not later than August 31 of each year, the board shall
14559	14559	publish notice of a public hearing on the proposed budget. The
14560	14560	notice must be published in a newspaper of general circulation in
14561	14561	the district at least 10 days before the date of the hearing. (Acts
14562	14562	58th Leg., R.S., Ch. 261, Secs. 6 (part), 18.)
14563	14563	Sec. 1097.152. FISCAL YEAR. The district operates on a
14564	14564	fiscal year that begins on October 1 and ends on September 30.
14565	14565	(Acts 58th Leg., R.S., Ch. 261, Sec. 6 (part).)
14566	14566	Sec. 1097.153. AUDIT. (a) The district shall have an audit
14567	14567	made of the district's financial condition.
14568	14568	(b) The audit shall be open to inspection at all times at the
14569	14569	district's principal office. (Acts 58th Leg., R.S., Ch. 261, Sec. 6
14570	14570	(part).)
14571	14571	Sec. 1097.154. FINANCIAL REPORT. As soon as practicable
14572	14572	after the close of each fiscal year, the district administrator
14573	14573	shall prepare for the board:
14574	14574	(1) a complete sworn statement of all district money;
14575	14575	and
14576	14576	(2) a complete account of the disbursements of that
14577	14577	money. (Acts 58th Leg., R.S., Ch. 261, Sec. 6 (part).)
14578	14578	Sec. 1097.155. DEPOSITORY. (a) The board shall select one
14579	14579	or more banks in the district to serve as a depository for district
14580	14580	money.
14581	14581	(b) District money shall be immediately deposited on
14582	14582	receipt with a depository bank, except that sufficient money must
14583	14583	be remitted to an appropriate bank to pay the principal of and
14584	14584	interest on the district's outstanding bonds or other obligations
14585	14585	on or before the maturity date of the principal and interest.
14586	14586	(c) To the extent that money in a depository bank is not
14587	14587	insured by the Federal Deposit Insurance Corporation, the money
14588	14588	must be secured in the manner provided by law for the security of
14589	14589	county funds.
14590	14590	(d) Membership on the district's board of an officer or
14591	14591	director of a bank does not disqualify the bank from being selected
14592	14592	as a depository bank. (Acts 58th Leg., R.S., Ch. 261, Sec. 12.)
14593	14593	[Sections 1097.156-1097.200 reserved for expansion]
14594	14594	SUBCHAPTER E. BONDS
14595	14595	Sec. 1097.201. GENERAL OBLIGATION BONDS. (a) The board may
14596	14596	issue and sell general obligation bonds in the name and on the faith
14597	14597	and credit of the district for any purpose related to the purchase,
14598	14598	construction, acquisition, repair, or renovation of buildings or
14599	14599	improvements, and equipping buildings or improvements for a
14600	14600	hospital and the hospital system, as determined by the board.
14601	14601	(b) The board shall issue the bonds in compliance with the
14602	14602	applicable provisions of Subtitles A and C, Title 9, Government
14603	14603	Code. (Acts 58th Leg., R.S., Ch. 261, Sec. 9 (part).)
14604	14604	Sec. 1097.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
14605	14605	the time general obligation bonds are issued under Section
14606	14606	1097.201, the board shall impose an ad valorem tax at a rate
14607	14607	sufficient to create an interest and sinking fund and to pay the
14608	14608	principal of and interest on the bonds as the bonds mature.
14609	14609	(b) The tax required by this section together with any other
14610	14610	tax the district imposes may not in any year exceed 75 cents on each
14611	14611	$100 valuation of taxable property in the district. (Acts 58th
14612	14612	Leg., R.S., Ch. 261, Sec. 9 (part).)
14613	14613	Sec. 1097.203. GENERAL OBLIGATION BOND ELECTION. (a) The
14614	14614	district may issue general obligation bonds only if the bonds are
14615	14615	authorized by a majority of the district voters voting at an
14616	14616	election held for that purpose.
14617	14617	(b) The board shall call the election. The election must be
14618	14618	held in accordance with Chapter 1251, Government Code.
14619	14619	(c) The bond election order must specify:
14620	14620	(1) the date of the election;
14621	14621	(2) the location of the polling places;
14622	14622	(3) the presiding election officers;
14623	14623	(4) the amount of the bonds to be authorized;
14624	14624	(5) the maximum maturity of the bonds; and
14625	14625	(6) the maximum interest rate of the bonds. (Acts 58th
14626	14626	Leg., R.S., Ch. 261, Sec. 9 (part).)
14627	14627	Sec. 1097.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
14628	14628	The board president shall execute the general obligation bonds in
14629	14629	the district's name.
14630	14630	(b) The board secretary shall attest the bonds. (Acts 58th
14631	14631	Leg., R.S., Ch. 261, Sec. 9 (part).)
14632	14632	Sec. 1097.205. REFUNDING BONDS. (a) The board may, without
14633	14633	an election, issue refunding bonds to refund any bond or other
14634	14634	refundable indebtedness issued or assumed by the district.
14635	14635	(b) A refunding bond may be:
14636	14636	(1) sold, with the proceeds of the refunding bond
14637	14637	applied to the payment of the outstanding bonds or other refundable
14638	14638	indebtedness; or
14639	14639	(2) exchanged wholly or partly for not less than a
14640	14640	similar principal amount of the outstanding bonds or other
14641	14641	refundable indebtedness. (Acts 58th Leg., R.S., Ch. 261, Sec. 9
14642	14642	(part).)
14643	14643	Sec. 1097.206. BONDS EXEMPT FROM TAXATION. The following
14644	14644	are exempt from taxation by this state or a political subdivision of
14645	14645	this state:
14646	14646	(1) bonds issued by the district;
14647	14647	(2) the transfer and issuance of the bonds; and
14648	14648	(3) profits made in the sale of the bonds. (Acts 58th
14649	14649	Leg., R.S., Ch. 261, Sec. 10 (part).)
14650	14650	[Sections 1097.207-1097.250 reserved for expansion]
14651	14651	SUBCHAPTER F. TAXES
14652	14652	Sec. 1097.251. IMPOSITION OF AD VALOREM TAX. (a) The
14653	14653	district may impose a tax on all property in the district subject to
14654	14654	district taxation.
14655	14655	(b) The tax may be used to meet the requirements of:
14656	14656	(1) district bonds;
14657	14657	(2) indebtedness assumed by the district; and
14658	14658	(3) district maintenance and operating expenses.
14659	14659	(Acts 58th Leg., R.S., Ch. 261, Sec. 3 (part).)
14660	14660	Sec. 1097.252. TAX RATE. The district may impose the tax at
14661	14661	a rate not to exceed 75 cents on each $100 valuation of taxable
14662	14662	property in the district. (Acts 58th Leg., R.S., Ch. 261, Sec. 3
14663	14663	(part).)
14664	14664	Sec. 1097.253. TAX ASSESSOR-COLLECTOR. The tax
14665	14665	assessor-collector of Wheeler County shall assess and collect taxes
14666	14666	imposed by the district. (Acts 58th Leg., R.S., Ch. 261, Sec. 15
14667	14667	(part).)
14668	14668	SECTION 1.02. Subtitle C, Title 4, Special District Local
14669	14669	Laws Code, is amended by adding Chapter 3854 to read as follows:
14670	14670	CHAPTER 3854. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1
14671	14671	SUBCHAPTER A. GENERAL PROVISIONS
14672	14672	Sec. 3854.001. DEFINITIONS
14673	14673	Sec. 3854.002. NATURE OF DISTRICT
14674	14674	Sec. 3854.003. PURPOSE; DECLARATION OF INTENT
14675	14675	Sec. 3854.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
14676	14676	Sec. 3854.005. EFFECT OF DISTRICT CREATION ON
14677	14677	MUNICIPAL POWERS
14678	14678	Sec. 3854.006. TORT CLAIMS
14679	14679	Sec. 3854.007. LIBERAL CONSTRUCTION OF CHAPTER
14680	14680	[Sections 3854.008-3854.050 reserved for expansion]
14681	14681	SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATION
14682	14682	Sec. 3854.051. DISTRICT TERRITORY
14683	14683	Sec. 3854.052. ANNEXATION OR EXCLUSION OF TERRITORY BY
14684	14684	DISTRICT; MUNICIPAL CONSENT
14685	14685	Sec. 3854.053. ANNEXATION OF DISTRICT TERRITORY BY
14686	14686	MUNICIPALITY
14687	14687	[Sections 3854.054-3854.100 reserved for expansion]
14688	14688	SUBCHAPTER C. BOARD OF DIRECTORS
14689	14689	Sec. 3854.101. GOVERNING BODY; TERMS
14690	14690	Sec. 3854.102. APPLICABLE LAW
14691	14691	Sec. 3854.103. DIRECTOR DISTRICTS
14692	14692	Sec. 3854.104. APPOINTMENT OF DIRECTORS
14693	14693	Sec. 3854.105. QUALIFICATIONS
14694	14694	Sec. 3854.106. VOTING; ACTIONS
14695	14695	Sec. 3854.107. VACANCY
14696	14696	[Sections 3854.108-3854.150 reserved for expansion]
14697	14697	SUBCHAPTER D. POWERS AND DUTIES
14698	14698	Sec. 3854.151. GENERAL POWERS
14699	14699	Sec. 3854.152. ELECTIONS
14700	14700	Sec. 3854.153. AUTHORITY TO ACQUIRE INTEREST IN LAND
14701	14701	Sec. 3854.154. EXPENSES AND LIABILITY FOR CERTAIN
14702	14702	ACTIONS AFFECTING PROPERTY
14703	14703	Sec. 3854.155. SECURITY SERVICES
14704	14704	Sec. 3854.156. COMPETITIVE BIDDING
14705	14705	Sec. 3854.157. DISTRICT NAME CHANGE
14706	14706	Sec. 3854.158. OWNING OR OPERATING AIRPORT PROHIBITED
14707	14707	[Sections 3854.159-3854.200 reserved for expansion]
14708	14708	SUBCHAPTER E. FINANCIAL PROVISIONS
14709	14709	Sec. 3854.201. DISBURSEMENTS OR TRANSFERS OF MONEY
14710	14710	Sec. 3854.202. TAX AND BOND ELECTIONS
14711	14711	Sec. 3854.203. MAINTENANCE AND OPERATION TAX
14712	14712	Sec. 3854.204. ASSESSMENTS; LIENS FOR ASSESSMENTS
14713	14713	Sec. 3854.205. FINANCING IMPROVEMENT PROJECTS OR
14714	14714	SERVICES
14715	14715	Sec. 3854.206. IMPACT FEES
14716	14716	Sec. 3854.207. CERTAIN RESIDENTIAL PROPERTY EXEMPT
14717	14717	Sec. 3854.208. BONDS AND OTHER OBLIGATIONS
14718	14718	Sec. 3854.209. APPROVAL OF BONDS
14719	14719	[Sections 3854.210-3854.250 reserved for expansion]
14720	14720	SUBCHAPTER F. DISSOLUTION
14721	14721	Sec. 3854.251. DISSOLUTION OF DISTRICT
14722	14722	CHAPTER 3854. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1
14723	14723	SUBCHAPTER A. GENERAL PROVISIONS
14724	14724	Sec. 3854.001. DEFINITIONS. In this chapter:
14725	14725	(1) "Board" means the board of directors of the
14726	14726	district.
14727	14727	(2) "Director" means a board member.
14728	14728	(3) "District" means the Chambers County Improvement
14729	14729	District No. 1.
14730	14730	(4) "Extraterritorial jurisdiction" has the meaning
14731	14731	assigned by Section 42.021, Local Government Code. (Acts 73rd
14732	14732	Leg., R.S., Ch. 566, Sec. 2; New.)
14733	14733	Sec. 3854.002. NATURE OF DISTRICT. A special district
14734	14734	known as the "Chambers County Improvement District No. 1" is a
14735	14735	political subdivision of this state. (Acts 73rd Leg., R.S., Ch.
14736	14736	566, Sec. 1(a).)
14737	14737	Sec. 3854.003. PURPOSE; DECLARATION OF INTENT. (a) The
14738	14738	creation of the district is essential to accomplish the purposes of
14739	14739	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
14740	14740	Texas Constitution, and to accomplish the other purposes of this
14741	14741	chapter. The legislature intends that by creating the district the
14742	14742	legislature has established a program to accomplish the public
14743	14743	purposes set out in Section 52-a, Article III, Texas Constitution.
14744	14744	(b) The creation of the district is necessary to:
14745	14745	(1) diversify the economy of the state;
14746	14746	(2) promote, develop, expand, encourage, and maintain
14747	14747	employment, commerce, economic development, and the public
14748	14748	welfare;
14749	14749	(3) promote the control, treatment, storage, and
14750	14750	distribution of water;
14751	14751	(4) protect, preserve, and restore the sanitary
14752	14752	conditions of water;
14753	14753	(5) promote the transportation of agricultural,
14754	14754	industrial, and commercial products;
14755	14755	(6) promote the health, safety, and general welfare
14756	14756	of:
14757	14757	(A) property owners, residents, employers, and
14758	14758	employees in the district; and
14759	14759	(B) the public;
14760	14760	(7) promote the improvement of rivers, bays, creeks,
14761	14761	streams, and canals to permit or to aid navigation and commerce; and
14762	14762	(8) promote the construction, maintenance, and
14763	14763	operation of streets, roads, highways, turnpikes, and railroads in
14764	14764	the greater Cedar Crossing area of Chambers County. (Acts 73rd
14765	14765	Leg., R.S., Ch. 566, Secs. 1(c), (d), (g).)
14766	14766	Sec. 3854.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
14767	14767	The district is created to serve a public use and benefit.
14768	14768	(b) All land and other property included in the district
14769	14769	will benefit from the improvements and services to be provided by
14770	14770	the district under powers conferred by Sections 52 and 52-a,
14771	14771	Article III, and Section 59, Article XVI, Texas Constitution, and
14772	14772	other powers granted under this chapter.
14773	14773	(c) The district will provide needed funding in the greater
14774	14774	Cedar Crossing area to preserve, maintain, and enhance the economic
14775	14775	health and vitality of the area as a community and a business and
14776	14776	industrial center.
14777	14777	(d) The district will not act as the agent or
14778	14778	instrumentality of any private interest even though the district
14779	14779	will benefit many private interests, as well as the public. (Acts
14780	14780	73rd Leg., R.S., Ch. 566, Secs. 1(e), (f), (h).)
14781	14781	Sec. 3854.005. EFFECT OF DISTRICT CREATION ON MUNICIPAL
14782	14782	POWERS. (a) The creation of the district does not:
14783	14783	(1) affect the power of a municipality in whose
14784	14784	extraterritorial jurisdiction the district or a part of the
14785	14785	district lies to designate all or part of the district as an
14786	14786	industrial district;
14787	14787	(2) limit a power under Chapter 42, Local Government
14788	14788	Code, of a municipality described by Subdivision (1); or
14789	14789	(3) affect the power of a municipality to provide
14790	14790	municipal services to any area in the municipality or the
14791	14791	municipality's extraterritorial jurisdiction that is in the
14792	14792	district.
14793	14793	(b) A municipality described by Subsection (a)(3) has the
14794	14794	same power to extend or provide municipal services after the
14795	14795	creation of the district as the municipality had before the
14796	14796	district's creation. (Acts 73rd Leg., R.S., Ch. 566, Sec. 9
14797	14797	(part).)
14798	14798	Sec. 3854.006. TORT CLAIMS. (a) The district is a
14799	14799	governmental unit for the purposes of Chapter 101, Civil Practice
14800	14800	and Remedies Code.
14801	14801	(b) The operations of the district are essential
14802	14802	governmental functions for all purposes and not proprietary
14803	14803	functions. (Acts 73rd Leg., R.S., Ch. 566, Sec. 7.)
14804	14804	Sec. 3854.007. LIBERAL CONSTRUCTION OF CHAPTER. This
14805	14805	chapter shall be liberally construed in conformance with the
14806	14806	legislative findings and purposes stated in this chapter. (Acts
14807	14807	73rd Leg., R.S., Ch. 566, Sec. 1(i).)
14808	14808	[Sections 3854.008-3854.050 reserved for expansion]
14809	14809	SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATION
14810	14810	Sec. 3854.051. DISTRICT TERRITORY. (a) The district is
14811	14811	composed of the territory described by Section 3, Chapter 566, Acts
14812	14812	of the 73rd Legislature, Regular Session, 1993, as that territory
14813	14813	may have been modified under:
14814	14814	(1) Subchapter J, Chapter 49, Water Code; or
14815	14815	(2) other law.
14816	14816	(b) The boundaries and field notes of the district form a
14817	14817	closure. A mistake made in the field notes or in copying the field
14818	14818	notes in the legislative process does not affect:
14819	14819	(1) the district's organization, existence, or
14820	14820	validity;
14821	14821	(2) the district's right to issue any type of bond or
14822	14822	to issue or enter into another type of obligation for a purpose for
14823	14823	which the district is created;
14824	14824	(3) the district's right to levy or collect an
14825	14825	assessment or tax; or
14826	14826	(4) the legality or operation of the district or the
14827	14827	district's governing body. (Acts 73rd Leg., R.S., Ch. 566, Sec. 4;
14828	14828	New.)
14829	14829	Sec. 3854.052. ANNEXATION OR EXCLUSION OF TERRITORY BY
14830	14830	DISTRICT; MUNICIPAL CONSENT. (a) The district may annex land to
14831	14831	and exclude land from the district as provided by Subchapter J,
14832	14832	Chapter 49, Water Code.
14833	14833	(b) The district may not annex land in a municipality's
14834	14834	extraterritorial jurisdiction unless the municipality consents to
14835	14835	the annexation. (Acts 73rd Leg., R.S., Ch. 566, Sec. 8.)
14836	14836	Sec. 3854.053. ANNEXATION OF DISTRICT TERRITORY BY
14837	14837	MUNICIPALITY. (a) Notwithstanding Chapter 43, Local Government
14838	14838	Code, a municipality in whose extraterritorial jurisdiction the
14839	14839	district is located may annex all or part of the district.
14840	14840	Annexation does not result in a total or partial dissolution of the
14841	14841	district or an assumption by the annexing municipality of any of the
14842	14842	district's obligations or indebtedness.
14843	14843	(b) A municipal annexation of all or part of the district
14844	14844	has no effect on the validity of the district, and the district
14845	14845	shall continue to exist and exercise the powers granted by this
14846	14846	chapter. (Acts 73rd Leg., R.S., Ch. 566, Sec. 9 (part).)
14847	14847	[Sections 3854.054-3854.100 reserved for expansion]
14848	14848	SUBCHAPTER C. BOARD OF DIRECTORS
14849	14849	Sec. 3854.101. GOVERNING BODY; TERMS. (a) The district is
14850	14850	governed by a board of seven directors.
14851	14851	(b) Directors serve staggered four-year terms. (Acts 73rd
14852	14852	Leg., R.S., Ch. 566, Secs. 5(a), (b) (part).)
14853	14853	Sec. 3854.102. APPLICABLE LAW. The board is governed by
14854	14854	Subchapter D, Chapter 375, Local Government Code, to the extent
14855	14855	that the subchapter does not conflict with this chapter. (Acts 73rd
14856	14856	Leg., R.S., Ch. 566, Sec. 5(f) (part).)
14857	14857	Sec. 3854.103. DIRECTOR DISTRICTS. (a) Each position on
14858	14858	the board represents a separate area of the district known as a
14859	14859	director district.
14860	14860	(b) All land in the district must be in a director district.
14861	14861	(c) Director districts may not overlap.
14862	14862	(d) The board may establish new boundaries for a director
14863	14863	district if it is necessary to provide a reasonable balance in the
14864	14864	board representation between acreage, value, improvements, and
14865	14865	interests of the property owners in the district. (Acts 73rd Leg.,
14866	14866	R.S., Ch. 566, Sec. 5(g) (part).)
14867	14867	Sec. 3854.104. APPOINTMENT OF DIRECTORS. The Commissioners
14868	14868	Court of Chambers County shall appoint a director to represent a
14869	14869	director district in the manner provided by Section 375.064, Local
14870	14870	Government Code, from a list of candidates recommended by the board
14871	14871	in the manner provided by that section. (Acts 73rd Leg., R.S., Ch.
14872	14872	566, Secs. 5(b) (part), (e) (part).)
14873	14873	Sec. 3854.105. QUALIFICATIONS. (a) Each director shall
14874	14874	qualify for office as required by Subchapter D, Chapter 375, Local
14875	14875	Government Code.
14876	14876	(b) Each director shall meet the qualifications provided by
14877	14877	Section 375.063, Local Government Code, for the area in the
14878	14878	director district that the director represents.
14879	14879	(c) A person may not be appointed as a director or continue
14880	14880	to serve as a director unless the person satisfies the requirements
14881	14881	provided by Section 375.063, Local Government Code, for the area in
14882	14882	the director district that the person is appointed to represent.
14883	14883	(Acts 73rd Leg., R.S., Ch. 566, Sec. 5(e) (part).)
14884	14884	Sec. 3854.106. VOTING; ACTIONS. (a) Directors may vote on
14885	14885	any matter authorized by Subchapter D, Chapter 375, Local
14886	14886	Government Code.
14887	14887	(b) The board may take action only if the action is approved
14888	14888	in the manner prescribed by Subchapter D, Chapter 375, Local
14889	14889	Government Code. (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(f) (part).)
14890	14890	Sec. 3854.107. VACANCY. The remaining directors shall fill
14891	14891	a vacancy in the office of director for the remainder of the
14892	14892	unexpired term. (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(b) (part).)
14893	14893	[Sections 3854.108-3854.150 reserved for expansion]
14894	14894	SUBCHAPTER D. POWERS AND DUTIES
14895	14895	Sec. 3854.151. GENERAL POWERS. The district has:
14896	14896	(1) all the rights, powers, and privileges conferred
14897	14897	by the general law of this state applicable to districts created
14898	14898	under:
14899	14899	(A) Chapter 375, Local Government Code;
14900	14900	(B) Chapter 623, Acts of the 67th Legislature,
14901	14901	Regular Session, 1981 (Article 6550c, Vernon's Texas Civil
14902	14902	Statutes);
14903	14903	(C) Chapter 441, Transportation Code; and
14904	14904	(D) Chapter 54, Water Code;
14905	14905	(2) the rights, powers, and privileges granted to
14906	14906	districts by:
14907	14907	(A) Subchapters E and M, Chapter 60, Water Code;
14908	14908	and
14909	14909	(B) Section 61.116, Water Code; and
14910	14910	(3) all the powers granted to municipal management
14911	14911	districts under Sections 375.092 and 375.111, Local Government
14912	14912	Code, to provide any services or for any project the district is
14913	14913	authorized to acquire, construct, or improve under this chapter.
14914	14914	(Acts 73rd Leg., R.S., Ch. 566, Sec. 6(a) (part).)
14915	14915	Sec. 3854.152. ELECTIONS. The district shall hold
14916	14916	elections as provided by Subchapter L, Chapter 375, Local
14917	14917	Government Code. (Acts 73rd Leg., R.S., Ch. 566, Sec. 11 (part).)
14918	14918	Sec. 3854.153. AUTHORITY TO ACQUIRE INTEREST IN LAND. The
14919	14919	district may acquire any interest in land in accordance with
14920	14920	Chapter 54, Water Code. (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(a)
14921	14921	(part).)
14922	14922	Sec. 3854.154. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
14923	14923	AFFECTING PROPERTY. If the district, in exercising a power
14924	14924	conferred by this chapter, requires a relocation, adjustment,
14925	14925	raising, lowering, rerouting, or changing the grade of or altering
14926	14926	the construction of any street, alley, highway, overpass,
14927	14927	underpass, road, railroad track, bridge, facility, or property,
14928	14928	electric line, conduit, facility, or property, telephone or
14929	14929	telegraph line, conduit, facility, or property, gas transmission or
14930	14930	distribution pipe, pipeline, main, facility, or property, water,
14931	14931	sanitary sewer or storm sewer pipe, pipeline, main, facility, or
14932	14932	property, cable television line, cable, conduit, facility, or
14933	14933	property, or other pipeline or facility or property relating to the
14934	14934	pipeline, that relocation, adjustment, raising, lowering,
14935	14935	rerouting, changing of grade, or altering of construction must be
14936	14936	accomplished at the sole cost and expense of the district, and
14937	14937	damages that are suffered by owners of the property or facilities
14938	14938	shall be borne by the district. (Acts 73rd Leg., R.S., Ch. 566,
14939	14939	Sec. 6(c).)
14940	14940	Sec. 3854.155. SECURITY SERVICES. To protect the public
14941	14941	interest, the district may contract with a private entity or a
14942	14942	municipality, county, or other political subdivision for services
14943	14943	for the security and protection of residents and property in the
14944	14944	district. (Acts 73rd Leg., R.S., Ch. 566, Sec. 15.)
14945	14945	Sec. 3854.156. COMPETITIVE BIDDING. The district shall
14946	14946	contract for services, improvements, or the purchase of materials,
14947	14947	machinery, equipment, supplies, or other property of more than
14948	14948	$25,000 as provided by Section 375.221, Local Government Code.
14949	14949	(Acts 73rd Leg., R.S., Ch. 566, Sec. 16.)
14950	14950	Sec. 3854.157. DISTRICT NAME CHANGE. The board by
14951	14951	resolution may change the name of the district. The name must
14952	14952	describe the district's location and principal powers. (Acts 73rd
14953	14953	Leg., R.S., Ch. 566, Sec. 1(b).)
14954	14954	Sec. 3854.158. OWNING OR OPERATING AIRPORT PROHIBITED. The
14955	14955	district may not own or operate an airport. (Acts 73rd Leg., R.S.,
14956	14956	Ch. 566, Sec. 6(d).)
14957	14957	[Sections 3854.159-3854.200 reserved for expansion]
14958	14958	SUBCHAPTER E. FINANCIAL PROVISIONS
14959	14959	Sec. 3854.201. DISBURSEMENTS OR TRANSFERS OF MONEY. The
14960	14960	board by resolution shall establish the number of director
14961	14961	signatures or the procedure required for all disbursements or
14962	14962	transfers of the district's money. (Acts 73rd Leg., R.S., Ch. 566,
14963	14963	Sec. 6(e).)
14964	14964	Sec. 3854.202. TAX AND BOND ELECTIONS. (a) The district
14965	14965	shall hold an election in the manner provided by Subchapter L,
14966	14966	Chapter 375, Local Government Code, to obtain voter approval for
14967	14967	the district to impose a maintenance tax or issue bonds payable from
14968	14968	ad valorem taxes or assessments.
14969	14969	(b) The board may submit multiple purposes in a single
14970	14970	proposition at an election. (Acts 73rd Leg., R.S., Ch. 566, Sec. 11
14971	14971	(part).)
14972	14972	Sec. 3854.203. MAINTENANCE AND OPERATION TAX. (a) If
14973	14973	authorized at an election held in accordance with Section 3854.202,
14974	14974	the district may impose an annual ad valorem tax on taxable property
14975	14975	in the district for:
14976	14976	(1) the maintenance, operation, and upkeep of the
14977	14977	district and the improvements constructed or acquired by the
14978	14978	district; and
14979	14979	(2) the provision of services to industrial and
14980	14980	commercial businesses and residents and property owners.
14981	14981	(b) The board shall determine the tax rate. (Acts 73rd
14982	14982	Leg., R.S., Ch. 566, Sec. 13.)
14983	14983	Sec. 3854.204. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
14984	14984	The board may levy and collect an assessment under Subchapter F,
14985	14985	Chapter 375, Local Government Code, for any authorized purpose only
14986	14986	if the assessment does not conflict with this chapter.
14987	14987	(b) An assessment or reassessment by the district,
14988	14988	penalties and interest on an assessment or reassessment, an expense
14989	14989	of collection, and reasonable attorney's fees incurred by the
14990	14990	district:
14991	14991	(1) are a first and prior lien against the property
14992	14992	assessed;
14993	14993	(2) are superior to any other lien or claim other than
14994	14994	a lien or claim for county, school district, or municipal ad valorem
14995	14995	taxes; and
14996	14996	(3) are the personal liability of and a charge against
14997	14997	the owners of the property even if the owners are not named in the
14998	14998	assessment proceedings.
14999	14999	(c) The lien is effective from the date of the board's
15000	15000	resolution levying the assessment until the date the assessment is
15001	15001	paid. The board may enforce the lien in the same manner that the
15002	15002	board may enforce an ad valorem tax lien against real property.
15003	15003	(Acts 73rd Leg., R.S., Ch. 566, Secs. 10(a) (part), (c).)
15004	15004	Sec. 3854.205. FINANCING IMPROVEMENT PROJECTS OR SERVICES.
15005	15005	(a) The district may finance the cost of any authorized improvement
15006	15006	project or service in the manner provided by any law that applies to
15007	15007	the district.
15008	15008	(b) A petition under Section 375.114, Local Government
15009	15009	Code, is not required for the board to levy a tax, assessment, or
15010	15010	impact fee to finance improvement projects and services under this
15011	15011	chapter. (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(b).)
15012	15012	Sec. 3854.206. IMPACT FEES. Except as provided by Section
15013	15013	3854.207, the district may impose an impact fee for an authorized
15014	15014	purpose as provided by Subchapter G, Chapter 375, Local Government
15015	15015	Code. (Acts 73rd Leg., R.S., Ch. 566, Sec. 12 (part).)
15016	15016	Sec. 3854.207. CERTAIN RESIDENTIAL PROPERTY EXEMPT. The
15017	15017	district may not impose an impact fee or assessment on a
15018	15018	single-family residential property or a residential duplex,
15019	15019	triplex, fourplex, or condominium. (Acts 73rd Leg., R.S., Ch. 566,
15020	15020	Sec. 12 (part).)
15021	15021	Sec. 3854.208. BONDS AND OTHER OBLIGATIONS. (a) The
15022	15022	district may issue bonds or other obligations secured by and
15023	15023	payable wholly or partly from ad valorem taxes, assessments, impact
15024	15024	fees, revenue, grants, or other money of the district, or any
15025	15025	combination of those sources of money, to pay for any authorized
15026	15026	purpose of the district.
15027	15027	(b) In exercising the district's borrowing power, the
15028	15028	district may issue a bond or other obligation in the form of a bond,
15029	15029	note, certificate of participation or other instrument evidencing a
15030	15030	proportionate interest in payments to be made by the district, or
15031	15031	other type of obligation. (Acts 73rd Leg., R.S., Ch. 566, Secs.
15032	15032	6(a) (part), 10(a) (part).)
15033	15033	Sec. 3854.209. APPROVAL OF BONDS. (a) No approval is
15034	15034	required for bonds issued by the district other than:
15035	15035	(1) the approval of the attorney general as provided
15036	15036	by Section 375.205, Local Government Code; and
15037	15037	(2) the approval of the Texas Commission on
15038	15038	Environmental Quality if the bonds are issued for a purpose that
15039	15039	Section 375.208, Local Government Code, requires to be approved by
15040	15040	the commission.
15041	15041	(b) Except as provided by Subsection (c), the district may
15042	15042	not issue bonds payable from an ad valorem tax imposed over the
15043	15043	entire district in an amount more than the greater of:
15044	15044	(1) $50 million; or
15045	15045	(2) 10 percent of the assessed value of the taxable
15046	15046	property in the entire district as shown on the most recent
15047	15047	certified tax rolls of the county central appraisal district.
15048	15048	(c) If the Texas Commission on Environmental Quality
15049	15049	approves the feasibility of district bonds described by Subsection
15050	15050	(b), the limit on the amount of bonds to be issued is the amount set
15051	15051	by the commission.
15052	15052	(d) Subsection (b) does not limit the district's authority
15053	15053	to issue bonds that are not payable from ad valorem taxes imposed
15054	15054	over the entire district. (Acts 73rd Leg., R.S., Ch. 566, Secs.
15055	15055	10(b), (d).)
15056	15056	[Sections 3854.210-3854.250 reserved for expansion]
15057	15057	SUBCHAPTER F. DISSOLUTION
15058	15058	Sec. 3854.251. DISSOLUTION OF DISTRICT. The district may
15059	15059	be dissolved as provided by Section 375.261 or 375.262, Local
15060	15060	Government Code. If the district is dissolved, the district shall
15061	15061	remain in existence solely for the purpose of discharging its bonds
15062	15062	or other obligations according to their terms. (Acts 73rd Leg.,
15063	15063	R.S., Ch. 566, Sec. 14.)
15064	15064	SECTION 1.03. Subtitle A, Title 6, Special District Local
15065	15065	Laws Code, is amended by adding Chapter 6604 to read as follows:
15066	15066	CHAPTER 6604. FORT BEND COUNTY DRAINAGE DISTRICT
15067	15067	SUBCHAPTER A. GENERAL PROVISIONS
15068	15068	Sec. 6604.001. DEFINITIONS
15069	15069	Sec. 6604.002. NATURE OF DISTRICT
15070	15070	Sec. 6604.003. DISTRICT TERRITORY
15071	15071	[Sections 6604.004-6604.050 reserved for expansion]
15072	15072	SUBCHAPTER B. DISTRICT ADMINISTRATION
15073	15073	Sec. 6604.051. GOVERNING BODY
15074	15074	Sec. 6604.052. DUTIES OF COUNTY OFFICIALS IN
15075	15075	OFFICERS, EMPLOYEES, AND AGENTS
15076	15076	[Sections 6604.053-6604.100 reserved for expansion]
15077	15077	SUBCHAPTER C. POWERS AND DUTIES
15078	15078	Sec. 6604.101. GENERAL POWERS
15079	15079	Sec. 6604.102. ACQUISITION OF PROPERTY; EMINENT DOMAIN
15080	15080	Sec. 6604.103. DISPOSAL OR LEASE OF DISTRICT PROPERTY
15081	15081	Sec. 6604.104. GENERAL RECLAMATION AND DRAINAGE POWERS
15082	15082	Sec. 6604.105. ARRANGEMENTS WITH UNITED STATES
15083	15083	Sec. 6604.106. CONTRACTS AND COOPERATION WITH STATE
15084	15084	AND POLITICAL SUBDIVISIONS
15085	15085	Sec. 6604.107. CONSTRUCTION ON PUBLIC LAND
15086	15086	[Sections 6604.108-6604.150 reserved for expansion]
15087	15087	SUBCHAPTER D. TAXES
15088	15088	Sec. 6604.151. AD VALOREM TAX FOR MAINTENANCE AND
15089	15089	OPERATIONS
15090	15090	Sec. 6604.152. TAX ASSESSOR-COLLECTOR
15091	15091	[Sections 6604.153-6604.200 reserved for expansion]
15092	15092	SUBCHAPTER E. BONDS
15093	15093	Sec. 6604.201. AUTHORITY TO ISSUE BONDS
15094	15094	Sec. 6604.202. LIMITATION ON DEBT
15095	15095	Sec. 6604.203. FORM OF BONDS
15096	15096	Sec. 6604.204. MATURITY
15097	15097	Sec. 6604.205. ELECTION FOR BONDS PAYABLE FROM TAXES
15098	15098	Sec. 6604.206. ISSUANCE OF CERTAIN TIME WARRANTS
15099	15099	PROHIBITED
15100	15100	CHAPTER 6604. FORT BEND COUNTY DRAINAGE DISTRICT
15101	15101	SUBCHAPTER A. GENERAL PROVISIONS
15102	15102	Sec. 6604.001. DEFINITIONS. In this chapter:
15103	15103	(1) "Commissioners court" means the Commissioners
15104	15104	Court of Fort Bend County.
15105	15105	(2) "District" means the Fort Bend County Drainage
15106	15106	District. (Acts 51st Leg., R.S., Ch. 303, Sec. 1 (part); New.)
15107	15107	Sec. 6604.002. NATURE OF DISTRICT. (a) The district is
15108	15108	created under Section 59, Article XVI, Texas Constitution, for the
15109	15109	reclamation and drainage of the district's overflowed lands and
15110	15110	other lands needing drainage.
15111	15111	(b) The creation of the district is essential to accomplish
15112	15112	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
15113	15113	51st Leg., R.S., Ch. 303, Sec. 1 (part).)
15114	15114	Sec. 6604.003. DISTRICT TERRITORY. Unless the district
15115	15115	territory has been modified under Subchapter J, Chapter 49, Water
15116	15116	Code, or other law, the boundaries of the district are coextensive
15117	15117	with the boundaries of Fort Bend County. (Acts 51st Leg., R.S., Ch.
15118	15118	303, Sec. 1 (part); New.)
15119	15119	[Sections 6604.004-6604.050 reserved for expansion]
15120	15120	SUBCHAPTER B. DISTRICT ADMINISTRATION
15121	15121	Sec. 6604.051. GOVERNING BODY. (a) The commissioners
15122	15122	court is the governing body of the district and the agency through
15123	15123	which the management and control of the district is administered.
15124	15124	(b) The commissioners court may perform any act necessary to
15125	15125	carry out the purposes of this chapter. (Acts 51st Leg., R.S., Ch.
15126	15126	303, Sec. 2 (part).)
15127	15127	Sec. 6604.052. DUTIES OF COUNTY OFFICIALS IN CONNECTION
15128	15128	WITH DISTRICT; DISTRICT OFFICERS, EMPLOYEES, AND AGENTS. (a) The
15129	15129	county judge, county commissioners, county tax assessor-collector,
15130	15130	county treasurer, and county depository of Fort Bend County shall
15131	15131	perform all duties in connection with the district that are
15132	15132	required by law in connection with official matters for Fort Bend
15133	15133	County.
15134	15134	(b) The county auditor of Fort Bend County is the auditor
15135	15135	for the district.
15136	15136	(c) The commissioners court may employ a general manager for
15137	15137	the district and any other agents, attorneys, engineers, and
15138	15138	employees considered necessary in connection with the purposes of
15139	15139	this chapter. All compensation for a person employed under this
15140	15140	subsection may be payable from funds created under this chapter for
15141	15141	the maintenance and operation of the district.
15142	15142	(d) The commissioners court shall require the county tax
15143	15143	assessor-collector, the county treasurer, and any other officers
15144	15144	and employees, as designated by the commissioners court, to post
15145	15145	bonds that are:
15146	15146	(1) payable to the district in amounts determined by
15147	15147	the commissioners court; and
15148	15148	(2) conditioned on:
15149	15149	(A) the faithful performance of their duties; and
15150	15150	(B) paying over and accounting for all money and
15151	15151	other things of value that belong to the district and come into
15152	15152	their possession.
15153	15153	(e) A bond required under Subsection (d) must be executed by
15154	15154	a surety company authorized to do business in this state and is
15155	15155	subject to the approval of the commissioners court. The district
15156	15156	shall pay the premiums on the bond. (Acts 51st Leg., R.S., Ch. 303,
15157	15157	Sec. 3(B).)
15158	15158	[Sections 6604.053-6604.100 reserved for expansion]
15159	15159	SUBCHAPTER C. POWERS AND DUTIES
15160	15160	Sec. 6604.101. GENERAL POWERS. (a) The district has the
15161	15161	powers of government and the authority to exercise the rights,
15162	15162	privileges, and functions provided by this chapter.
15163	15163	(b) The district may perform any act necessary or proper to
15164	15164	carry out a district purpose. (Acts 51st Leg., R.S., Ch. 303, Secs.
15165	15165	1 (part), 3(A) (part).)
15166	15166	Sec. 6604.102. ACQUISITION OF PROPERTY; EMINENT DOMAIN.
15167	15167	(a) The district:
15168	15168	(1) by gift, devise, purchase, lease, or exercise of
15169	15169	the power of eminent domain, may acquire inside the district an
15170	15170	easement, right-of-way, or other property needed to carry on the
15171	15171	work of the district; and
15172	15172	(2) by exercise of the power of eminent domain or
15173	15173	otherwise, may acquire outside the district an easement or
15174	15174	right-of-way.
15175	15175	(b) Before the district acquires by exercise of the power of
15176	15176	eminent domain an easement or right-of-way outside the district,
15177	15177	the acquisition must be unanimously approved by the entire
15178	15178	commissioners court of the county in which the easement or
15179	15179	right-of-way is located.
15180	15180	(c) The district must exercise the power of eminent domain
15181	15181	in the manner provided by Chapter 21, Property Code. (Acts 51st
15182	15182	Leg., R.S., Ch. 303, Sec. 3(A) (part).)
15183	15183	Sec. 6604.103. DISPOSAL OR LEASE OF DISTRICT PROPERTY. (a)
15184	15184	The district may dispose of property or a property right that is not
15185	15185	needed for a district purpose.
15186	15186	(b) The district may lease property or a property right for
15187	15187	a purpose that does not interfere with the district's use of the
15188	15188	property. (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A) (part).)
15189	15189	Sec. 6604.104. GENERAL RECLAMATION AND DRAINAGE POWERS.
15190	15190	The district may:
15191	15191	(1) devise plans and construct works to reclaim land
15192	15192	in the district;
15193	15193	(2) provide drainage facilities for reclamation and
15194	15194	drainage of the overflowed land and other land in the district that
15195	15195	needs drainage;
15196	15196	(3) acquire or construct outside the district
15197	15197	properties or facilities that in the judgment of the commissioners
15198	15198	court are necessary to facilitate drainage and reclamation of land
15199	15199	in the district;
15200	15200	(4) remove natural or artificial obstructions from
15201	15201	streams or watercourses; and
15202	15202	(5) clean, straighten, widen, or maintain streams,
15203	15203	watercourses, or drainage ditches. (Acts 51st Leg., R.S., Ch. 303,
15204	15204	Sec. 3(A) (part).)
15205	15205	Sec. 6604.105. ARRANGEMENTS WITH UNITED STATES. (a) The
15206	15206	district may cooperate with, contract with, or receive a grant,
15207	15207	loan, or advancement from the United States to exercise a district
15208	15208	power or to further a district purpose.
15209	15209	(b) The district may contribute to the United States in
15210	15210	connection with any project that is undertaken by the United States
15211	15211	and affects or relates to a district purpose. (Acts 51st Leg.,
15212	15212	R.S., Ch. 303, Sec. 3(A) (part).)
15213	15213	Sec. 6604.106. CONTRACTS AND COOPERATION WITH STATE AND
15214	15214	POLITICAL SUBDIVISIONS. The district may cooperate and contract
15215	15215	with this state or a political subdivision of this state to carry
15216	15216	out a district purpose. (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A)
15217	15217	(part).)
15218	15218	Sec. 6604.107. CONSTRUCTION ON PUBLIC LAND. (a) The
15219	15219	district may construct works, ditches, canals, or other
15220	15220	improvements over, across, or along:
15221	15221	(1) a public stream, road, or highway; or
15222	15222	(2) land belonging to this state.
15223	15223	(b) A plan for an improvement under Subsection (a) on a
15224	15224	state highway is subject to the approval of the Texas Department of
15225	15225	Transportation.
15226	15226	(c) A plan for an improvement under Subsection (a) on Texas
15227	15227	Department of Criminal Justice land is subject to the approval of
15228	15228	the Texas Board of Criminal Justice. (Acts 51st Leg., R.S., Ch.
15229	15229	303, Sec. 3(A) (part).)
15230	15230	[Sections 6604.108-6604.150 reserved for expansion]
15231	15231	SUBCHAPTER D. TAXES
15232	15232	Sec. 6604.151. AD VALOREM TAX FOR MAINTENANCE AND
15233	15233	OPERATIONS. (a) The commissioners court may impose a tax at a rate
15234	15234	not to exceed 25 cents on each $100 valuation of taxable property in
15235	15235	the district to pay the cost of maintaining district property and
15236	15236	operating the district.
15237	15237	(b) The commissioners court may not impose the tax until the
15238	15238	tax is authorized at an election:
15239	15239	(1) called for that purpose by the commissioners court
15240	15240	in the manner provided by Section 6604.205; and
15241	15241	(2) at which a majority of the voters voting at the
15242	15242	election vote in favor of the imposition of the tax. (Acts 51st
15243	15243	Leg., R.S., Ch. 303, Sec. 5 (part).)
15244	15244	Sec. 6604.152. TAX ASSESSOR-COLLECTOR. The county tax
15245	15245	assessor-collector of Fort Bend County is the tax
15246	15246	assessor-collector for the district. (Acts 51st Leg., R.S., Ch.
15247	15247	303, Sec. 5 (part).)
15248	15248	[Sections 6604.153-6604.200 reserved for expansion]
15249	15249	SUBCHAPTER E. BONDS
15250	15250	Sec. 6604.201. AUTHORITY TO ISSUE BONDS. The commissioners
15251	15251	court may:
15252	15252	(1) issue district bonds to finance carrying out any
15253	15253	power or purpose granted by this chapter to the district; and
15254	15254	(2) provide for the payment of the interest on the
15255	15255	bonds as it accrues and for a sinking fund for the redemption of the
15256	15256	bonds as they mature by imposing a tax on all taxable property in
15257	15257	the district, as shown by the most recent certified appraisal roll
15258	15258	of the district, at a rate sufficient for that purpose. (Acts 51st
15259	15259	Leg., R.S., Ch. 303, Sec. 4(A) (part).)
15260	15260	Sec. 6604.202. LIMITATION ON DEBT. The total principal
15261	15261	amount of bonds issued under Section 6604.201 that the district may
15262	15262	have outstanding at any time may not exceed five percent of the
15263	15263	assessed value of all taxable property in the district as shown by
15264	15264	the most recent appraisal roll of the district. (Acts 51st Leg.,
15265	15265	R.S., Ch. 303, Sec. 4(A) (part).)
15266	15266	Sec. 6604.203. FORM OF BONDS. (a) A district bond issued
15267	15267	under this chapter must be:
15268	15268	(1) issued in the name of the district;
15269	15269	(2) signed by the county judge of Fort Bend County; and
15270	15270	(3) attested by the county clerk of Fort Bend County.
15271	15271	(b) If the bond is issued with one or more interest coupons,
15272	15272	the coupons must be signed by the county judge and the county clerk
15273	15273	of Fort Bend County. (Acts 51st Leg., R.S., Ch. 303, Sec. 4(B)
15274	15274	(part).)
15275	15275	Sec. 6604.204. MATURITY. District bonds issued under
15276	15276	Section 6604.201 must mature not later than 30 years after their
15277	15277	date of issuance. (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A)
15278	15278	(part).)
15279	15279	Sec. 6604.205. ELECTION FOR BONDS PAYABLE FROM TAXES. (a)
15280	15280	The commissioners court may not issue district bonds under Section
15281	15281	6604.201 until the issuance of the bonds and the imposition of taxes
15282	15282	to pay the principal of and interest on the bonds are authorized by
15283	15283	a majority of the voters voting at an election called for that
15284	15284	purpose.
15285	15285	(b) The proposition for the issuance of district bonds may
15286	15286	be submitted at any time the commissioners court considers proper.
15287	15287	(c) Chapter 1251, Government Code, applies to a district
15288	15288	bond election except to the extent of any conflict with this
15289	15289	chapter.
15290	15290	(d) If a majority of the voters voting at a district bond
15291	15291	election vote in favor of the issuance of bonds and the imposition
15292	15292	of taxes, the commissioners court may:
15293	15293	(1) issue, sell, and deliver the bonds;
15294	15294	(2) receive, use, and apply the proceeds for district
15295	15295	purposes; and
15296	15296	(3) impose taxes on all property subject to taxation
15297	15297	in the district. (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)
15298	15298	Sec. 6604.206. ISSUANCE OF CERTAIN TIME WARRANTS
15299	15299	PROHIBITED. The district may not issue time warrants payable from
15300	15300	taxes. (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)
15301	15301	SECTION 1.04. Subtitle F, Title 6, Special District Local
15302	15302	Laws Code, is amended by adding Chapters 8215, 8219, 8220, 8229,
15303	15303	8230, 8243, 8246, 8259, 8260, 8262, 8271, 8272, 8273, 8274, 8275,
15304	15304	8276, 8277, 8278, 8279, 8280, 8281, 8282, 8283, 8284, 8285, 8286,
15305	15305	8287, 8288, 8289, 8290, 8291, 8292, 8293, 8302, and 8303 to read as
15306	15306	follows:
15307	15307	CHAPTER 8215. JACKRABBIT ROAD PUBLIC UTILITY DISTRICT
15308	15308	SUBCHAPTER A. GENERAL PROVISIONS
15309	15309	Sec. 8215.001. DEFINITIONS
15310	15310	Sec. 8215.002. NATURE OF DISTRICT
15311	15311	Sec. 8215.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
15312	15312	Sec. 8215.004. DISTRICT TERRITORY
15313	15313	[Sections 8215.005-8215.050 reserved for expansion]
15314	15314	SUBCHAPTER B. BOARD OF DIRECTORS
15315	15315	Sec. 8215.051. COMPOSITION OF BOARD
15316	15316	[Sections 8215.052-8215.100 reserved for expansion]
15317	15317	SUBCHAPTER C. POWERS AND DUTIES
15318	15318	Sec. 8215.101. MUNICIPAL UTILITY DISTRICT POWERS
15319	15319	CHAPTER 8215. JACKRABBIT ROAD PUBLIC UTILITY DISTRICT
15320	15320	SUBCHAPTER A. GENERAL PROVISIONS
15321	15321	Sec. 8215.001. DEFINITIONS. In this chapter:
15322	15322	(1) "Board" means the district's board of directors.
15323	15323	(2) "Director" means a member of the board.
15324	15324	(3) "District" means the Jackrabbit Road Public
15325	15325	Utility District. (Acts 62nd Leg., R.S., Ch. 675, Sec. 1 (part);
15326	15326	New.)
15327	15327	Sec. 8215.002. NATURE OF DISTRICT. The district is a
15328	15328	conservation and reclamation district in Harris County created
15329	15329	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
15330	15330	Leg., R.S., Ch. 675, Sec. 1 (part).)
15331	15331	Sec. 8215.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
15332	15332	The district is created to serve a public use and benefit.
15333	15333	(b) All land and other property included in the boundaries
15334	15334	of the district will benefit from the works and projects
15335	15335	accomplished by the district under the powers conferred by Section
15336	15336	59, Article XVI, Texas Constitution.
15337	15337	(c) The creation of the district is essential to accomplish
15338	15338	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
15339	15339	62nd Leg., R.S., Ch. 675, Secs. 1 (part), 3.)
15340	15340	Sec. 8215.004. DISTRICT TERRITORY. (a) The district is
15341	15341	composed of the territory described by Section 4, Chapter 675, Acts
15342	15342	of the 62nd Legislature, Regular Session, 1971, as that territory
15343	15343	may have been modified under:
15344	15344	(1) Subchapter H, Chapter 54, Water Code;
15345	15345	(2) Subchapter J, Chapter 49, Water Code; or
15346	15346	(3) other law.
15347	15347	(b) The boundaries and field notes of the district form a
15348	15348	closure. A mistake in copying the field notes in the legislative
15349	15349	process or another mistake in the field notes does not affect:
15350	15350	(1) the district's organization, existence, or
15351	15351	validity;
15352	15352	(2) the district's right to issue any type of bonds for
15353	15353	a purpose for which the district is created or to pay the principal
15354	15354	of and interest on the bonds;
15355	15355	(3) the district's right to impose a tax; or
15356	15356	(4) the legality or operation of the district or its
15357	15357	governing body. (Acts 62nd Leg., R.S., Ch. 675, Sec. 2; New.)
15358	15358	[Sections 8215.005-8215.050 reserved for expansion]
15359	15359	SUBCHAPTER B. BOARD OF DIRECTORS
15360	15360	Sec. 8215.051. COMPOSITION OF BOARD. The board of
15361	15361	directors is composed of five elected directors. (Acts 62nd Leg.,
15362	15362	R.S., Ch. 675, Sec. 6 (part).)
15363	15363	[Sections 8215.052-8215.100 reserved for expansion]
15364	15364	SUBCHAPTER C. POWERS AND DUTIES
15365	15365	Sec. 8215.101. MUNICIPAL UTILITY DISTRICT POWERS. The
15366	15366	district has the rights, powers, privileges, and functions
15367	15367	conferred by general law applicable to a municipal utility
15368	15368	district, including Chapters 49 and 54, Water Code. (Acts 62nd
15369	15369	Leg., R.S., Ch. 675, Sec. 5 (part); New.)
15370	15370	CHAPTER 8219. KLEIN PUBLIC UTILITY DISTRICT
15371	15371	SUBCHAPTER A. GENERAL PROVISIONS
15372	15372	Sec. 8219.001. DEFINITIONS
15373	15373	Sec. 8219.002. NATURE OF DISTRICT
15374	15374	Sec. 8219.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
15375	15375	Sec. 8219.004. DISTRICT TERRITORY
15376	15376	[Sections 8219.005-8219.050 reserved for expansion]
15377	15377	SUBCHAPTER B. BOARD OF DIRECTORS
15378	15378	Sec. 8219.051. COMPOSITION OF BOARD
15379	15379	[Sections 8219.052-8219.100 reserved for expansion]
15380	15380	SUBCHAPTER C. POWERS AND DUTIES
15381	15381	Sec. 8219.101. MUNICIPAL UTILITY DISTRICT POWERS
15382	15382	CHAPTER 8219. KLEIN PUBLIC UTILITY DISTRICT
15383	15383	SUBCHAPTER A. GENERAL PROVISIONS
15384	15384	Sec. 8219.001. DEFINITIONS. In this chapter:
15385	15385	(1) "Board" means the district's board of directors.
15386	15386	(2) "Director" means a member of the board.
15387	15387	(3) "District" means the Klein Public Utility
15388	15388	District. (Acts 62nd Leg., R.S., Ch. 411, Sec. 1 (part); New.)
15389	15389	Sec. 8219.002. NATURE OF DISTRICT. The district is a
15390	15390	conservation and reclamation district in Harris County created
15391	15391	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
15392	15392	Leg., R.S., Ch. 411, Sec. 1 (part).)
15393	15393	Sec. 8219.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
15394	15394	The district is created to serve a public use and benefit.
15395	15395	(b) All land and other property included in the boundaries
15396	15396	of the district will benefit from the works and projects
15397	15397	accomplished by the district under the powers conferred by Section
15398	15398	59, Article XVI, Texas Constitution.
15399	15399	(c) The creation of the district is essential to accomplish
15400	15400	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
15401	15401	62nd Leg., R.S., Ch. 411, Secs. 1 (part), 3.)
15402	15402	Sec. 8219.004. DISTRICT TERRITORY. (a) The district is
15403	15403	composed of the territory described by Section 4, Chapter 411, Acts
15404	15404	of the 62nd Legislature, Regular Session, 1971, as that territory
15405	15405	may have been modified under:
15406	15406	(1) Subchapter H, Chapter 54, Water Code;
15407	15407	(2) Subchapter J, Chapter 49, Water Code; or
15408	15408	(3) other law.
15409	15409	(b) The boundaries and field notes of the district form a
15410	15410	closure. A mistake in copying the field notes in the legislative
15411	15411	process or another mistake in the field notes does not affect:
15412	15412	(1) the district's organization, existence, or
15413	15413	validity;
15414	15414	(2) the district's right to issue any type of bond for
15415	15415	a purpose for which the district is created or to pay the principal
15416	15416	of and interest on the bond;
15417	15417	(3) the district's right to impose a tax; or
15418	15418	(4) the legality or operation of the district or its
15419	15419	governing body. (Acts 62nd Leg., R.S., Ch. 411, Sec. 2; New.)
15420	15420	[Sections 8219.005-8219.050 reserved for expansion]
15421	15421	SUBCHAPTER B. BOARD OF DIRECTORS
15422	15422	Sec. 8219.051. COMPOSITION OF BOARD. The board of
15423	15423	directors is composed of five elected directors. (Acts 62nd Leg.,
15424	15424	R.S., Ch. 411, Sec. 6 (part).)
15425	15425	[Sections 8219.052-8219.100 reserved for expansion]
15426	15426	SUBCHAPTER C. POWERS AND DUTIES
15427	15427	Sec. 8219.101. MUNICIPAL UTILITY DISTRICT POWERS. The
15428	15428	district has the rights, powers, privileges, and functions
15429	15429	conferred by general law applicable to a municipal utility
15430	15430	district, including Chapters 49 and 54, Water Code. (Acts 62nd
15431	15431	Leg., R.S., Ch. 411, Sec. 5 (part); New.)
15432	15432	CHAPTER 8220. LAKE FOREST UTILITY
15433	15433	DISTRICT
15434	15434	SUBCHAPTER A. GENERAL PROVISIONS
15435	15435	Sec. 8220.001. DEFINITIONS
15436	15436	Sec. 8220.002. NATURE OF DISTRICT
15437	15437	Sec. 8220.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
15438	15438	Sec. 8220.004. DISTRICT TERRITORY
15439	15439	[Sections 8220.005-8220.050 reserved for expansion]
15440	15440	SUBCHAPTER B. BOARD OF DIRECTORS
15441	15441	Sec. 8220.051. COMPOSITION OF BOARD
15442	15442	[Sections 8220.052-8220.100 reserved for expansion]
15443	15443	SUBCHAPTER C. POWERS AND DUTIES
15444	15444	Sec. 8220.101. MUNICIPAL UTILITY DISTRICT POWERS
15445	15445	CHAPTER 8220. LAKE FOREST UTILITY
15446	15446	DISTRICT
15447	15447	SUBCHAPTER A. GENERAL PROVISIONS
15448	15448	Sec. 8220.001. DEFINITIONS. In this chapter:
15449	15449	(1) "Board" means the district's board of directors.
15450	15450	(2) "Director" means a member of the board.
15451	15451	(3) "District" means the Lake Forest Utility District.
15452	15452	(Acts 62nd Leg., R.S., Ch. 579, Sec. 1 (part); New.)
15453	15453	Sec. 8220.002. NATURE OF DISTRICT. The district is a
15454	15454	conservation and reclamation district in Harris County created
15455	15455	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
15456	15456	Leg., R.S., Ch. 579, Sec. 1 (part).)
15457	15457	Sec. 8220.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
15458	15458	The district is created to serve a public use and benefit.
15459	15459	(b) All land and other property included in the boundaries
15460	15460	of the district will benefit from the works and projects
15461	15461	accomplished by the district under the powers conferred by Section
15462	15462	59, Article XVI, Texas Constitution.
15463	15463	(c) The creation of the district is essential to accomplish
15464	15464	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
15465	15465	62nd Leg., R.S., Ch. 579, Secs. 1 (part), 3.)
15466	15466	Sec. 8220.004. DISTRICT TERRITORY. (a) The district is
15467	15467	composed of the territory described by Section 4, Chapter 579, Acts
15468	15468	of the 62nd Legislature, Regular Session, 1971, as that territory
15469	15469	may have been modified under:
15470	15470	(1) Subchapter H, Chapter 54, Water Code;
15471	15471	(2) Subchapter J, Chapter 49, Water Code; or
15472	15472	(3) other law.
15473	15473	(b) The boundaries and field notes of the district form a
15474	15474	closure. A mistake in copying the field notes in the legislative
15475	15475	process or another mistake in the field notes does not affect:
15476	15476	(1) the district's organization, existence, or
15477	15477	validity;
15478	15478	(2) the district's right to issue any type of bond for
15479	15479	a purpose for which the district is created or to pay the principal
15480	15480	of and interest on the bond;
15481	15481	(3) the district's right to impose a tax; or
15482	15482	(4) the legality or operation of the district or its
15483	15483	governing body. (Acts 62nd Leg., R.S., Ch. 579, Sec. 2; New.)
15484	15484	[Sections 8220.005-8220.050 reserved for expansion]
15485	15485	SUBCHAPTER B. BOARD OF DIRECTORS
15486	15486	Sec. 8220.051. COMPOSITION OF BOARD. The board of
15487	15487	directors is composed of five elected directors. (Acts 62nd Leg.,
15488	15488	R.S., Ch. 579, Sec. 6 (part).)
15489	15489	[Sections 8220.052-8220.100 reserved for expansion]
15490	15490	SUBCHAPTER C. POWERS AND DUTIES
15491	15491	Sec. 8220.101. MUNICIPAL UTILITY DISTRICT POWERS. The
15492	15492	district has the rights, powers, privileges, and functions
15493	15493	conferred by general law applicable to a municipal utility
15494	15494	district, including Chapters 49 and 54, Water Code. (Acts 62nd
15495	15495	Leg., R.S., Ch. 579, Sec. 5 (part); New.)
15496	15496	CHAPTER 8229. LUCE BAYOU PUBLIC UTILITY DISTRICT
15497	15497	SUBCHAPTER A. GENERAL PROVISIONS
15498	15498	Sec. 8229.001. DEFINITIONS
15499	15499	Sec. 8229.002. NATURE OF DISTRICT
15500	15500	Sec. 8229.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
15501	15501	Sec. 8229.004. DISTRICT TERRITORY
15502	15502	[Sections 8229.005-8229.050 reserved for expansion]
15503	15503	SUBCHAPTER B. BOARD OF DIRECTORS
15504	15504	Sec. 8229.051. COMPOSITION OF BOARD
15505	15505	[Sections 8229.052-8229.100 reserved for expansion]
15506	15506	SUBCHAPTER C. POWERS AND DUTIES
15507	15507	Sec. 8229.101. MUNICIPAL UTILITY DISTRICT POWERS
15508	15508	CHAPTER 8229. LUCE BAYOU PUBLIC UTILITY DISTRICT
15509	15509	SUBCHAPTER A. GENERAL PROVISIONS
15510	15510	Sec. 8229.001. DEFINITIONS. In this chapter:
15511	15511	(1) "Board" means the district's board of directors.
15512	15512	(2) "Director" means a member of the board.
15513	15513	(3) "District" means the Luce Bayou Public Utility
15514	15514	District. (Acts 62nd Leg., R.S., Ch. 554, Sec. 1 (part); New.)
15515	15515	Sec. 8229.002. NATURE OF DISTRICT. The district is a
15516	15516	conservation and reclamation district in Harris County created
15517	15517	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
15518	15518	R.S., Ch. 554, Sec. 1 (part).)
15519	15519	Sec. 8229.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
15520	15520	The district is created to serve a public use and benefit.
15521	15521	(b) All land and other property included in the boundaries
15522	15522	of the district will benefit from the works and projects
15523	15523	accomplished by the district under the powers conferred by Section
15524	15524	59, Article XVI, Texas Constitution.
15525	15525	(c) The creation of the district is essential to accomplish
15526	15526	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
15527	15527	62nd Leg., R.S., Ch. 554, Secs. 1 (part), 3.)
15528	15528	Sec. 8229.004. DISTRICT TERRITORY. (a) The district is
15529	15529	composed of the territory described by Section 4, Chapter 554, Acts
15530	15530	of the 62nd Legislature, Regular Session, 1971, as that territory
15531	15531	may have been modified under:
15532	15532	(1) Subchapter H, Chapter 54, Water Code;
15533	15533	(2) Subchapter J, Chapter 49, Water Code; or
15534	15534	(3) other law.
15535	15535	(b) The boundaries and field notes of the district form a
15536	15536	closure. A mistake in copying the field notes in the legislative
15537	15537	process or another mistake in the field notes does not affect:
15538	15538	(1) the district's organization, existence, or
15539	15539	validity;
15540	15540	(2) the district's right to issue any type of bond for
15541	15541	a purpose for which the district is created or to pay the principal
15542	15542	of and interest on the bond;
15543	15543	(3) the district's right to impose a tax; or
15544	15544	(4) the legality or operation of the district or its
15545	15545	governing body. (Acts 62nd Leg., R.S., Ch. 554, Sec. 2; New.)
15546	15546	[Sections 8229.005-8229.050 reserved for expansion]
15547	15547	SUBCHAPTER B. BOARD OF DIRECTORS
15548	15548	Sec. 8229.051. COMPOSITION OF BOARD. The board of
15549	15549	directors is composed of five elected directors. (Acts 62nd Leg.,
15550	15550	R.S., Ch. 554, Sec. 6 (part).)
15551	15551	[Sections 8229.052-8229.100 reserved for expansion]
15552	15552	SUBCHAPTER C. POWERS AND DUTIES
15553	15553	Sec. 8229.101. MUNICIPAL UTILITY DISTRICT POWERS. The
15554	15554	district has the rights, powers, privileges, and functions
15555	15555	conferred by general law applicable to a municipal utility
15556	15556	district, including Chapters 49 and 54, Water Code. (Acts 62nd
15557	15557	Leg., R.S., Ch. 554, Sec. 5 (part); New.)
15558	15558	CHAPTER 8230. LUMBERTON MUNICIPAL UTILITY DISTRICT
15559	15559	SUBCHAPTER A. GENERAL PROVISIONS
15560	15560	Sec. 8230.001. DEFINITIONS
15561	15561	Sec. 8230.002. NATURE OF DISTRICT
15562	15562	Sec. 8230.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
15563	15563	Sec. 8230.004. DISTRICT TERRITORY
15564	15564	Sec. 8230.005. CERTAIN LAWS INAPPLICABLE TO CREATION OF DISTRICT
15565	15565	[Sections 8230.006-8230.050 reserved for expansion]
15566	15566	SUBCHAPTER B. BOARD OF DIRECTORS
15567	15567	Sec. 8230.051. COMPOSITION OF BOARD
15568	15568	[Sections 8230.052-8230.100 reserved for expansion]
15569	15569	SUBCHAPTER C. POWERS AND DUTIES
15570	15570	Sec. 8230.101. MUNICIPAL UTILITY DISTRICT POWERS
15571	15571	CHAPTER 8230. LUMBERTON MUNICIPAL UTILITY DISTRICT
15572	15572	SUBCHAPTER A. GENERAL PROVISIONS
15573	15573	Sec. 8230.001. DEFINITIONS. In this chapter:
15574	15574	(1) "Board" means the district's board of directors.
15575	15575	(2) "Director" means a member of the board.
15576	15576	(3) "District" means the Lumberton Municipal Utility
15577	15577	District. (Acts 63rd Leg., R.S., Ch. 388, Sec. 1 (part); New.)
15578	15578	Sec. 8230.002. NATURE OF DISTRICT. The district is a
15579	15579	conservation and reclamation district in Hardin County created
15580	15580	under Section 59, Article XVI, Texas Constitution. (Acts 63rd Leg.,
15581	15581	R.S., Ch. 388, Sec. 1 (part).)
15582	15582	Sec. 8230.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
15583	15583	The district is created to serve a public use and benefit.
15584	15584	(b) All land and other property included in the boundaries
15585	15585	of the district will benefit from the works and projects
15586	15586	accomplished by the district under the powers conferred by Section
15587	15587	59, Article XVI, Texas Constitution.
15588	15588	(c) The creation of the district is essential to accomplish
15589	15589	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
15590	15590	63rd Leg., R.S., Ch. 388, Secs. 1 (part), 4.)
15591	15591	Sec. 8230.004. DISTRICT TERRITORY. (a) The district is
15592	15592	composed of the territory described by Section 2, Chapter 388, Acts
15593	15593	of the 63rd Legislature, Regular Session, 1973, as that territory
15594	15594	may have been modified under:
15595	15595	(1) Subchapter H, Chapter 54, Water Code;
15596	15596	(2) Subchapter J, Chapter 49, Water Code; or
15597	15597	(3) other law.
15598	15598	(b) The boundaries and field notes of the district form a
15599	15599	closure. A mistake in copying the field notes in the legislative
15600	15600	process or another mistake in the field notes does not affect:
15601	15601	(1) the district's organization, existence, or
15602	15602	validity;
15603	15603	(2) the district's right to issue any type of bond for
15604	15604	a purpose for which the district is created or to pay the principal
15605	15605	of and interest on the bond;
15606	15606	(3) the district's right to impose a tax; or
15607	15607	(4) the legality or operation of the district or its
15608	15608	governing body. (Acts 63rd Leg., R.S., Ch. 388, Sec. 3; New.)
15609	15609	Sec. 8230.005. CERTAIN LAWS INAPPLICABLE TO CREATION OF
15610	15610	DISTRICT. The district was created notwithstanding any provision of
15611	15611	Section 212.003, Local Government Code, Chapter 42 or 43, Local
15612	15612	Government Code, or Section 54.016, Water Code, and to the extent of
15613	15613	the creation of the district only, those provisions shall have no
15614	15614	application. (Acts 63rd Leg., R.S., Ch. 388, Sec. 8.)
15615	15615	[Sections 8230.006-8230.050 reserved for expansion]
15616	15616	SUBCHAPTER B. BOARD OF DIRECTORS
15617	15617	Sec. 8230.051. COMPOSITION OF BOARD. The board of
15618	15618	directors is composed of five elected directors. (Acts 63rd Leg.,
15619	15619	R.S., Ch. 388, Sec. 7 (part).)
15620	15620	[Sections 8230.052-8230.100 reserved for expansion]
15621	15621	SUBCHAPTER C. POWERS AND DUTIES
15622	15622	Sec. 8230.101. MUNICIPAL UTILITY DISTRICT POWERS. The
15623	15623	district has the rights, powers, privileges, and functions
15624	15624	conferred and imposed by general law applicable to a municipal
15625	15625	utility district created under Section 59, Article XVI, Texas
15626	15626	Constitution, including Chapters 49 and 54, Water Code. (Acts 63rd
15627	15627	Leg., R.S., Ch. 388, Sec. 5 (part); New.)
15628	15628	CHAPTER 8243. LANNIUS MUNICIPAL UTILITY DISTRICT
15629	15629	SUBCHAPTER A. GENERAL PROVISIONS
15630	15630	Sec. 8243.001. DEFINITIONS
15631	15631	Sec. 8243.002. NATURE OF DISTRICT
15632	15632	Sec. 8243.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
15633	15633	Sec. 8243.004. DISTRICT TERRITORY
15634	15634	[Sections 8243.005-8243.050 reserved for expansion]
15635	15635	SUBCHAPTER B. BOARD OF DIRECTORS
15636	15636	Sec. 8243.051. COMPOSITION OF BOARD
15637	15637	[Sections 8243.052-8243.100 reserved for expansion]
15638	15638	SUBCHAPTER C. POWERS
15639	15639	Sec. 8243.101. MUNICIPAL UTILITY DISTRICT POWERS
15640	15640	Sec. 8243.102. WATER AND SEWER SYSTEMS
15641	15641	CHAPTER 8243. LANNIUS MUNICIPAL UTILITY DISTRICT
15642	15642	SUBCHAPTER A. GENERAL PROVISIONS
15643	15643	Sec. 8243.001. DEFINITIONS. In this chapter:
15644	15644	(1) "Board" means the district's board of directors.
15645	15645	(2) "Director" means a member of the board.
15646	15646	(3) "District" means the Lannius Municipal Utility
15647	15647	District. (Acts 63rd Leg., R.S., Ch. 620, Sec. 1 (part); New.)
15648	15648	Sec. 8243.002. NATURE OF DISTRICT. The district is a
15649	15649	conservation and reclamation district in Fannin County created
15650	15650	under Section 59, Article XVI, Texas Constitution. (Acts 63rd
15651	15651	Leg., R.S., Ch. 620, Sec. 1 (part).)
15652	15652	Sec. 8243.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
15653	15653	The district is created to serve a public use and benefit.
15654	15654	(b) All land and other property included in the boundaries
15655	15655	of the district will benefit from the works and projects
15656	15656	accomplished by the district under the powers conferred by Section
15657	15657	59, Article XVI, Texas Constitution.
15658	15658	(c) The creation of the district is essential to accomplish
15659	15659	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
15660	15660	63rd Leg., R.S., Ch. 620, Secs. 1 (part), 4.)
15661	15661	Sec. 8243.004. DISTRICT TERRITORY. (a) The district is
15662	15662	composed of the territory described by Section 2, Chapter 620, Acts
15663	15663	of the 63rd Legislature, Regular Session, 1973, as that territory
15664	15664	may have been modified under:
15665	15665	(1) Subchapter H, Chapter 54, Water Code;
15666	15666	(2) Subchapter J, Chapter 49, Water Code; or
15667	15667	(3) other law.
15668	15668	(b) The boundaries and field notes of the district form a
15669	15669	closure. A mistake in copying the field notes in the legislative
15670	15670	process or another mistake in the field notes does not affect:
15671	15671	(1) the district's organization, existence, or
15672	15672	validity;
15673	15673	(2) the district's right to issue any type of bond for
15674	15674	a purpose for which the district is created or to pay the principal
15675	15675	of and interest on the bond;
15676	15676	(3) the district's right to impose a tax; or
15677	15677	(4) the legality or operation of the district or its
15678	15678	governing body. (Acts 63rd Leg., R.S., Ch. 620, Sec. 3; New.)
15679	15679	[Sections 8243.005-8243.050 reserved for expansion]
15680	15680	SUBCHAPTER B. BOARD OF DIRECTORS
15681	15681	Sec. 8243.051. COMPOSITION OF BOARD. The board of
15682	15682	directors is composed of five elected directors. (Acts 63rd Leg.,
15683	15683	R.S., Ch. 620, Sec. 7 (part).)
15684	15684	[Sections 8243.052-8243.100 reserved for expansion]
15685	15685	SUBCHAPTER C. POWERS
15686	15686	Sec. 8243.101. MUNICIPAL UTILITY DISTRICT POWERS. The
15687	15687	district has the rights, powers, privileges, and functions
15688	15688	conferred and imposed by general law applicable to a municipal
15689	15689	utility district created under Section 59, Article XVI, Texas
15690	15690	Constitution, including Chapters 49 and 54, Water Code. (Acts 63rd
15691	15691	Leg., R.S., Ch. 620, Sec. 5 (part).)
15692	15692	Sec. 8243.102. WATER AND SEWER SYSTEMS. The district may:
15693	15693	(1) acquire an existing water system that serves all
15694	15694	or part of the district territory; or
15695	15695	(2) enter into a contract with the owner of a system
15696	15696	described by Subdivision (1) under which the owner agrees:
15697	15697	(A) to operate and maintain all or part of the
15698	15698	district's facilities;
15699	15699	(B) to provide billing for utility service
15700	15700	supplied by district facilities;
15701	15701	(C) not to provide water service to a customer
15702	15702	who is subject to the sanitary sewer service supplied by district
15703	15703	facilities but who has not paid for that sewer service; and
15704	15704	(D) to any other agreement required to assure
15705	15705	adequate maintenance of district facilities and provide money to
15706	15706	pay district obligations. (Acts 63rd Leg., R.S., Ch. 620, Sec. 6.)
15707	15707	CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3
15708	15708	SUBCHAPTER A. GENERAL PROVISIONS
15709	15709	Sec. 8246.001. DEFINITIONS
15710	15710	Sec. 8246.002. NATURE OF DISTRICT
15711	15711	Sec. 8246.003. DISTRICT TERRITORY
15712	15712	[Sections 8246.004-8246.050 reserved for expansion]
15713	15713	SUBCHAPTER B. BOARD OF DIRECTORS
15714	15714	Sec. 8246.051. COMPOSITION OF BOARD
15715	15715	Sec. 8246.052. DIRECTOR'S BOND; TREASURER'S BOND
15716	15716	Sec. 8246.053. OFFICIAL ACTIONS; QUORUM
15717	15717	Sec. 8246.054. BOARD MEETINGS
15718	15718	Sec. 8246.055. BOARD COMPENSATION FOR ATTENDING
15719	15719	MEETINGS
15720	15720	Sec. 8246.056. OFFICERS
15721	15721	[Sections 8246.057-8246.100 reserved for expansion]
15722	15722	SUBCHAPTER C. GENERAL POWERS AND DUTIES
15723	15723	Sec. 8246.101. MUNICIPAL UTILITY DISTRICT POWERS;
15724	15724	GENERAL POWERS
15725	15725	Sec. 8246.102. EMINENT DOMAIN
15726	15726	Sec. 8246.103. CONTRACTS AND WARRANTS
15727	15727	[Sections 8246.104-8246.150 reserved for expansion]
15728	15728	SUBCHAPTER D. FLOOD CONTROL
15729	15729	Sec. 8246.151. FLOOD CONTROL POWERS AND DUTIES
15730	15730	Sec. 8246.152. EASEMENT OVER AND RELOCATION OF ROADS
15731	15731	Sec. 8246.153. MAINTENANCE OF FEDERAL FLOOD CONTROL
15732	15732	PROJECTS
15733	15733	[Sections 8246.154-8246.200 reserved for expansion]
15734	15734	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
15735	15735	Sec. 8246.201. PETITION AND ELECTION AUTHORIZING AD
15736	15736	VALOREM TAX; TAX LIMIT
15737	15737	Sec. 8246.202. NOTICE FOR AND MANNER OF HOLDING AD
15738	15738	VALOREM TAX ELECTION
15739	15739	Sec. 8246.203. TAX LAWS APPLICABLE
15740	15740	[Sections 8246.204-8246.250 reserved for expansion]
15741	15741	SUBCHAPTER F. BONDS
15742	15742	Sec. 8246.251. PETITION FOR BOND ELECTION
15743	15743	Sec. 8246.252. DATE AND NOTICE OF PETITION HEARING
15744	15744	Sec. 8246.253. HEARING AND DETERMINATION ON PETITION
15745	15745	Sec. 8246.254. ELECTION FOR, ISSUANCE OF, AND SALE OF
15746	15746	BONDS
15747	15747	CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3
15748	15748	SUBCHAPTER A. GENERAL PROVISIONS
15749	15749	Sec. 8246.001. DEFINITIONS. In this chapter:
15750	15750	(1) "Board" means the district's board of directors.
15751	15751	(2) "Director" means a member of the board.
15752	15752	(3) "District" means the Lavaca County Flood Control
15753	15753	District No. 3.
15754	15754	(4) "President" means the president of the board.
15755	15755	(5) "Secretary" means the secretary of the board.
15756	15756	(Acts 56th Leg., R.S., Ch. 95, Secs. 1 (part), 4 (part); New.)
15757	15757	Sec. 8246.002. NATURE OF DISTRICT. (a) The district is a
15758	15758	municipal utility district and a conservation and reclamation
15759	15759	district as provided by this chapter.
15760	15760	(b) The creation of the district is essential to accomplish
15761	15761	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
15762	15762	56th Leg., R.S., Ch. 95, Sec. 1 (part); New.)
15763	15763	Sec. 8246.003. DISTRICT TERRITORY. The district is composed
15764	15764	of the territory described by Section 1, Chapter 95, Acts of the
15765	15765	56th Legislature, Regular Session, 1959, as that territory may have
15766	15766	been modified under:
15767	15767	(1) Subchapter H, Chapter 54, Water Code;
15768	15768	(2) Subchapter J, Chapter 49, Water Code; or
15769	15769	(3) other law. (New.)
15770	15770	[Sections 8246.004-8246.050 reserved for expansion]
15771	15771	SUBCHAPTER B. BOARD OF DIRECTORS
15772	15772	Sec. 8246.051. COMPOSITION OF BOARD. The board is composed
15773	15773	of five elected directors who serve staggered terms. (New.)
15774	15774	Sec. 8246.052. DIRECTOR'S BOND; TREASURER'S BOND. (a) Each
15775	15775	director shall give bond in the amount of $1,000 for the faithful
15776	15776	performance of the director's duties.
15777	15777	(b) The treasurer of the district shall give bond in the
15778	15778	amount of $2,500 for the faithful performance of the treasurer's
15779	15779	duties. (Acts 56th Leg., R.S., Ch. 95, Sec. 5 (part).)
15780	15780	Sec. 8246.053. OFFICIAL ACTIONS; QUORUM. (a) The board
15781	15781	shall perform official actions by resolution.
15782	15782	(b) Two-thirds of the board constitutes a quorum for the
15783	15783	transaction of any business of the district.
15784	15784	(c) A majority vote of those present is sufficient in any
15785	15785	official action, including final passage and enactment of a
15786	15786	resolution. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(a) (part).)
15787	15787	Sec. 8246.054. BOARD MEETINGS. (a) The board shall hold
15788	15788	regular meetings at least once every three months. The dates of
15789	15789	regular meetings must be established in the district's bylaws or by
15790	15790	resolution.
15791	15791	(b) The president or any three directors may call a special
15792	15792	meeting as necessary to administer district business. At least
15793	15793	five days before the date of a special meeting, the secretary must
15794	15794	mail notice of the meeting to the address each director filed with
15795	15795	the secretary. A director may waive in writing notices of special
15796	15796	meetings. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(b) (part).)
15797	15797	Sec. 8246.055. BOARD COMPENSATION FOR ATTENDING MEETINGS.
15798	15798	Unless the board by resolution increases the fee to an amount
15799	15799	authorized by Section 49.060, Water Code:
15800	15800	(1) each director is entitled to receive a fee of $20
15801	15801	for attending each board meeting; and
15802	15802	(2) a director may not be paid more than $40 for
15803	15803	meetings held in one calendar month. (Acts 56th Leg., R.S., Ch. 95,
15804	15804	Sec. 6(b) (part); New.)
15805	15805	Sec. 8246.056. OFFICERS. (a) The president shall perform
15806	15806	those functions that are customarily incident to the office of
15807	15807	president.
15808	15808	(b) The vice president shall act as president in case of the
15809	15809	inability, absence, or failure of the president to act.
15810	15810	(c) The secretary may be a director or an individual who is
15811	15811	not a director. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(c) (part).)
15812	15812	[Sections 8246.057-8246.100 reserved for expansion]
15813	15813	SUBCHAPTER C. GENERAL POWERS AND DUTIES
15814	15814	Sec. 8246.101. MUNICIPAL UTILITY DISTRICT POWERS; GENERAL
15815	15815	POWERS. (a) The district has and may exercise the powers,
15816	15816	functions, duties, and privileges provided by general law
15817	15817	applicable to a municipal utility district, including those
15818	15818	conferred by Chapters 49 and 54, Water Code.
15819	15819	(b) The district may exercise the rights, privileges, and
15820	15820	functions provided by this chapter. (Acts 56th Leg., R.S., Ch. 95,
15821	15821	Sec. 1 (part); New.)
15822	15822	Sec. 8246.102. EMINENT DOMAIN. The district may exercise
15823	15823	the power of eminent domain inside district boundaries to acquire
15824	15824	property of any kind, or an interest in property, necessary or
15825	15825	convenient for the district to exercise a right, power, privilege,
15826	15826	or function conferred on the district by this chapter. (Acts 56th
15827	15827	Leg., R.S., Ch. 95, Sec. 8 (part).)
15828	15828	Sec. 8246.103. CONTRACTS AND WARRANTS. The district may
15829	15829	enter into contracts and issue warrants payable from current funds
15830	15830	under the applicable provisions of Chapter 252, Local Government
15831	15831	Code, that relate to a municipality with a population of less than
15832	15832	5,000, to the extent those provisions are not in conflict with this
15833	15833	chapter. (Acts 56th Leg., R.S., Ch. 95, Sec. 13.)
15834	15834	[Sections 8246.104-8246.150 reserved for expansion]
15835	15835	SUBCHAPTER D. FLOOD CONTROL
15836	15836	Sec. 8246.151. FLOOD CONTROL POWERS AND DUTIES. The
15837	15837	district may:
15838	15838	(1) exercise a power, right, privilege, or function
15839	15839	conferred by general law on a flood control district created under
15840	15840	Section 59, Article XVI, Texas Constitution, as applicable to
15841	15841	Lavaca County and essential to the flood control project;
15842	15842	(2) devise plans and construct works to lessen and
15843	15843	control floods;
15844	15844	(3) reclaim land in the district;
15845	15845	(4) prevent the deposit of silt in navigable streams;
15846	15846	(5) remove natural or artificial obstructions from
15847	15847	streams and other watercourses;
15848	15848	(6) regulate the flow of surface and floodwaters;
15849	15849	(7) provide drainage essential to the flood control
15850	15850	project;
15851	15851	(8) acquire, by gift, devise, purchase, or
15852	15852	condemnation, land, a right or interest in land, or any other
15853	15853	character of property needed to carry on the work of flood control;
15854	15854	(9) sell, trade, or otherwise dispose of land or other
15855	15855	property, or a right in the property, no longer needed for the flood
15856	15856	control project or flood control purposes;
15857	15857	(10) use the bed and banks of a bayou, river, or stream
15858	15858	in the district, subject to the concurrence of the Texas Commission
15859	15859	on Environmental Quality;
15860	15860	(11) authorize its officers, employees, or agents to
15861	15861	enter any land in the district to make or examine a survey in
15862	15862	connection with a flood control plan or project or for any other
15863	15863	authorized purpose;
15864	15864	(12) overflow or inundate any public land or public
15865	15865	property, and require the relocation of a road or highway, in the
15866	15866	manner and to the extent permitted to a district organized under
15867	15867	general law under Section 59, Article XVI, Texas Constitution,
15868	15868	subject to the concurrence of the state agency with jurisdiction
15869	15869	over the land or property or the Texas Transportation Commission,
15870	15870	as applicable;
15871	15871	(13) appoint a flood control manager and any agents or
15872	15872	employees of the county as necessary for flood control purposes,
15873	15873	including an engineer and counsel, prescribe their duties, and set
15874	15874	the amounts of their bonds and compensation;
15875	15875	(14) cooperate or contract with the United States to
15876	15876	receive and use money from a grant, loan, or advancement to exercise
15877	15877	a power or further a purpose under this chapter;
15878	15878	(15) contribute to the United States in connection
15879	15879	with any project undertaken by the United States that affects or
15880	15880	relates to flood control in Lavaca County;
15881	15881	(16) cooperate or contract with an agency or political
15882	15882	subdivision of this state, including a municipality in Lavaca
15883	15883	County, in relation to:
15884	15884	(A) a survey;
15885	15885	(B) the acquisition of land or a right-of-way; or
15886	15886	(C) the construction, maintenance, or financing
15887	15887	of all or part of a project in connection with any matter within the
15888	15888	scope of this chapter;
15889	15889	(17) contract with an agency or political subdivision
15890	15890	of this state, including a municipality in Lavaca County, for the
15891	15891	imposition of taxes on behalf of and for the benefit of the
15892	15892	district;
15893	15893	(18) sue and be sued under the laws of this state; and
15894	15894	(19) perform any act necessary or proper to carry out
15895	15895	the powers described by this section or Section 8246.152. (Acts
15896	15896	56th Leg., R.S., Ch. 95, Sec. 2 (part).)
15897	15897	Sec. 8246.152. EASEMENT OVER AND RELOCATION OF ROADS. The
15898	15898	district has a right-of-way and easement over and across a road or
15899	15899	highway of this state or a subdivision of this state for the
15900	15900	construction or maintenance of a district flood control project,
15901	15901	subject to the concurrence of the Texas Transportation Commission
15902	15902	if the project requires the relocation or bridging of a state
15903	15903	highway. (Acts 56th Leg., R.S., Ch. 95, Sec. 2 (part).)
15904	15904	Sec. 8246.153. MAINTENANCE OF FEDERAL FLOOD CONTROL
15905	15905	PROJECTS. The district is entitled to maintain a flood control
15906	15906	project constructed in Lavaca County by the United States if the
15907	15907	project:
15908	15908	(1) extends wholly or partly into the district or is
15909	15909	within five miles of the boundaries of the district; and
15910	15910	(2) is considered by the board to protect property in
15911	15911	the district. (Acts 56th Leg., R.S., Ch. 95, Sec. 2a.)
15912	15912	[Sections 8246.154-8246.200 reserved for expansion]
15913	15913	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
15914	15914	Sec. 8246.201. PETITION AND ELECTION AUTHORIZING AD VALOREM
15915	15915	TAX; TAX LIMIT. (a) The board may impose on all taxable property in
15916	15916	the district an annual tax at a rate not to exceed 15 cents on the
15917	15917	$100 valuation.
15918	15918	(b) Before an election is held on the ad valorem tax
15919	15919	proposition, a petition for the tax must be presented to the board.
15920	15920	The petition must be signed by 10 percent of the registered voters
15921	15921	who own taxable property in the district.
15922	15922	(c) The petition, election order, and notice of the election
15923	15923	must state:
15924	15924	(1) the specific tax rate to be voted on or that the
15925	15925	rate may not exceed the limit under Subsection (a); and
15926	15926	(2) one or more of the purposes authorized by this
15927	15927	chapter for which the tax money may be spent.
15928	15928	(d) The total amount of all taxes imposed by the district
15929	15929	for all purposes may not exceed 15 cents on the $100 valuation.
15930	15930	(Acts 56th Leg., R.S., Ch. 95, Secs. 9(a), (b), 11.)
15931	15931	Sec. 8246.202. NOTICE FOR AND MANNER OF HOLDING AD VALOREM
15932	15932	TAX ELECTION. (a) Notice of an election under Section 8246.201
15933	15933	must be published once each week for two weeks in a newspaper that
15934	15934	is published in Lavaca County and has general circulation in the
15935	15935	district.
15936	15936	(b) The date of the first publication of notice must be not
15937	15937	less than 20 days and not more than 30 days before the date of the
15938	15938	election.
15939	15939	(c) The presiding judge for each voting place shall appoint
15940	15940	the necessary judges and clerks to assist the presiding judge in
15941	15941	holding the election. (Acts 56th Leg., R.S., Ch. 95, Sec. 3(a)
15942	15942	(part).)
15943	15943	Sec. 8246.203. TAX LAWS APPLICABLE. The laws of this state
15944	15944	relating to the imposition of ad valorem taxes and collection of
15945	15945	delinquent taxes by a water control and improvement district apply
15946	15946	to the district. (Acts 56th Leg., R.S., Ch. 95, Sec. 12.)
15947	15947	[Sections 8246.204-8246.250 reserved for expansion]
15948	15948	SUBCHAPTER F. BONDS
15949	15949	Sec. 8246.251. PETITION FOR BOND ELECTION. (a) A petition
15950	15950	requesting an election on the proposition of the issuance of bonds
15951	15951	for any purpose authorized in this chapter may be presented to the
15952	15952	board.
15953	15953	(b) The petition must be signed by at least 50 registered,
15954	15954	property tax paying voters residing in the district.
15955	15955	(c) The petition must state:
15956	15956	(1) the amount of bonds to be voted on;
15957	15957	(2) the general nature of the work to be done;
15958	15958	(3) the necessity for and feasibility of the work;
15959	15959	(4) the estimated cost; and
15960	15960	(5) the operating costs. (Acts 56th Leg., R.S., Ch.
15961	15961	95, Sec. 14.)
15962	15962	Sec. 8246.252. DATE AND NOTICE OF PETITION HEARING. (a) The
15963	15963	board shall set a date for a public hearing on the petition that is
15964	15964	not more than 30 days after the date the petition is filed with the
15965	15965	board.
15966	15966	(b) Notice of the hearing must be published once a week for
15967	15967	two consecutive weeks in a newspaper of general circulation in the
15968	15968	district. The first publication of notice must be not less than 20
15969	15969	days before the date of the hearing.
15970	15970	(c) The secretary shall post or cause to be posted for at
15971	15971	least 15 days before the date of the hearing a copy of the notice at
15972	15972	the courthouse door of Lavaca County and at three other public
15973	15973	places in the district that will give reasonable notice throughout
15974	15974	the district. (Acts 56th Leg., R.S., Ch. 95, Sec. 15.)
15975	15975	Sec. 8246.253. HEARING AND DETERMINATION ON PETITION. (a)
15976	15976	The board shall consider and determine all matters brought before
15977	15977	the board at the hearing.
15978	15978	(b) If the board determines that the proposed improvements
15979	15979	are feasible and practicable and a benefit to the public, the board
15980	15980	shall grant the petition and order the requested election. If the
15981	15981	board refuses the petition, the board's reasons must be stated in
15982	15982	the minutes of the board. The board's decision is final. (Acts
15983	15983	56th Leg., R.S., Ch. 95, Sec. 16.)
15984	15984	Sec. 8246.254. ELECTION FOR, ISSUANCE OF, AND SALE OF
15985	15985	BONDS. (a) Except as provided by this section, the election for,
15986	15986	issuance of, and sale of district bonds are governed by the
15987	15987	provisions of Chapters 1201, 1207, 1251, and 1431, Government Code,
15988	15988	that pertain to the election for, issuance of, and sale of bonds by
15989	15989	counties.
15990	15990	(b) As determined by the board, district bonds mature
15991	15991	serially not later than 30 years after the date of their issuance.
15992	15992	(c) District bonds may be sold only by sealed competitive
15993	15993	bids to the highest bidder.
15994	15994	(d) Notice of a proposed sale must be published in a
15995	15995	financial publication of general circulation in this state once a
15996	15996	week for two consecutive weeks. The date of the first publication
15997	15997	must be at least 15 days before the date of the proposed sale.
15998	15998	(e) District bonds must be signed by the president and
15999	15999	attested by the secretary. (Acts 56th Leg., R.S., Ch. 95, Sec. 17.)
16000	16000	CHAPTER 8259. LONGHORN TOWN UTILITY DISTRICT
16001	16001	SUBCHAPTER A. GENERAL PROVISIONS
16002	16002	Sec. 8259.001. DEFINITIONS
16003	16003	Sec. 8259.002. NATURE OF DISTRICT
16004	16004	Sec. 8259.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
16005	16005	Sec. 8259.004. DISTRICT TERRITORY
16006	16006	[Sections 8259.005-8259.050 reserved for expansion]
16007	16007	SUBCHAPTER B. BOARD OF DIRECTORS
16008	16008	Sec. 8259.051. COMPOSITION OF BOARD
16009	16009	[Sections 8259.052-8259.100 reserved for expansion]
16010	16010	SUBCHAPTER C. POWERS AND DUTIES
16011	16011	Sec. 8259.101. MUNICIPAL UTILITY DISTRICT POWERS
16012	16012	CHAPTER 8259. LONGHORN TOWN UTILITY DISTRICT
16013	16013	SUBCHAPTER A. GENERAL PROVISIONS
16014	16014	Sec. 8259.001. DEFINITIONS. In this chapter:
16015	16015	(1) "Board" means the district's board of directors.
16016	16016	(2) "Director" means a member of the board.
16017	16017	(3) "District" means the Longhorn Town Utility
16018	16018	District of Harris County, Texas. (Acts 62nd Leg., R.S., Ch. 659,
16019	16019	Sec. 1 (part); New.)
16020	16020	Sec. 8259.002. NATURE OF DISTRICT. The district is a
16021	16021	conservation and reclamation district in Harris County created
16022	16022	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
16023	16023	R.S., Ch. 659, Sec. 1 (part).)
16024	16024	Sec. 8259.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
16025	16025	The district is created to serve a public use and benefit.
16026	16026	(b) All land and other property included in the boundaries
16027	16027	of the district will benefit from the works and projects
16028	16028	accomplished by the district under the powers conferred by Section
16029	16029	59, Article XVI, Texas Constitution.
16030	16030	(c) The creation of the district is essential to accomplish
16031	16031	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
16032	16032	62nd Leg., R.S., Ch. 659, Secs. 1 (part), 3.)
16033	16033	Sec. 8259.004. DISTRICT TERRITORY. (a) The district is
16034	16034	composed of the territory described by Section 4, Chapter 659, Acts
16035	16035	of the 62nd Legislature, Regular Session, 1971, as that territory
16036	16036	may have been modified under:
16037	16037	(1) Subchapter H, Chapter 54, Water Code;
16038	16038	(2) Subchapter J, Chapter 49, Water Code; or
16039	16039	(3) other law.
16040	16040	(b) The boundaries and field notes of the district form a
16041	16041	closure. A mistake in copying the field notes in the legislative
16042	16042	process or another mistake in the field notes does not affect:
16043	16043	(1) the district's organization, existence, or
16044	16044	validity;
16045	16045	(2) the district's right to issue any type of bonds for
16046	16046	a purpose for which the district is created or to pay the principal
16047	16047	of and interest on the bonds;
16048	16048	(3) the district's right to impose a tax; or
16049	16049	(4) the legality or operation of the district or its
16050	16050	governing body. (Acts 62nd Leg., R.S., Ch. 659, Sec. 2; New.)
16051	16051	[Sections 8259.005-8259.050 reserved for expansion]
16052	16052	SUBCHAPTER B. BOARD OF DIRECTORS
16053	16053	Sec. 8259.051. COMPOSITION OF BOARD. The board of
16054	16054	directors is composed of five elected directors. (Acts 62nd Leg.,
16055	16055	R.S., Ch. 659, Sec. 6 (part).)
16056	16056	[Sections 8259.052-8259.100 reserved for expansion]
16057	16057	SUBCHAPTER C. POWERS AND DUTIES
16058	16058	Sec. 8259.101. MUNICIPAL UTILITY DISTRICT POWERS. The
16059	16059	district has the rights, powers, privileges, and functions
16060	16060	conferred by general law applicable to a municipal utility
16061	16061	district, including Chapters 49 and 54, Water Code. (Acts 62nd
16062	16062	Leg., R.S., Ch. 659, Sec. 5 (part); New.)
16063	16063	CHAPTER 8260. LOUETTA NORTH PUBLIC UTILITY DISTRICT
16064	16064	SUBCHAPTER A. GENERAL PROVISIONS
16065	16065	Sec. 8260.001. DEFINITIONS
16066	16066	Sec. 8260.002. NATURE OF DISTRICT
16067	16067	Sec. 8260.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
16068	16068	Sec. 8260.004. DISTRICT TERRITORY
16069	16069	[Sections 8260.005-8260.050 reserved for expansion]
16070	16070	SUBCHAPTER B. BOARD OF DIRECTORS
16071	16071	Sec. 8260.051. COMPOSITION OF BOARD
16072	16072	[Sections 8260.052-8260.100 reserved for expansion]
16073	16073	SUBCHAPTER C. POWERS AND DUTIES
16074	16074	Sec. 8260.101. MUNICIPAL UTILITY DISTRICT POWERS
16075	16075	CHAPTER 8260. LOUETTA NORTH PUBLIC UTILITY DISTRICT
16076	16076	SUBCHAPTER A. GENERAL PROVISIONS
16077	16077	Sec. 8260.001. DEFINITIONS. In this chapter:
16078	16078	(1) "Board" means the district's board of directors.
16079	16079	(2) "Director" means a member of the board.
16080	16080	(3) "District" means the Louetta North Public Utility
16081	16081	District. (Acts 62nd Leg., R.S., Ch. 685, Sec. 1 (part); New.)
16082	16082	Sec. 8260.002. NATURE OF DISTRICT. The district is a
16083	16083	conservation and reclamation district in Harris County created
16084	16084	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
16085	16085	R.S., Ch. 685, Sec. 1 (part).)
16086	16086	Sec. 8260.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
16087	16087	The district is created to serve a public use and benefit.
16088	16088	(b) All land and other property included in the boundaries
16089	16089	of the district will benefit from the works and projects
16090	16090	accomplished by the district under the powers conferred by Section
16091	16091	59, Article XVI, Texas Constitution.
16092	16092	(c) The creation of the district is essential to accomplish
16093	16093	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
16094	16094	62nd Leg., R.S., Ch. 685, Secs. 1 (part), 3.)
16095	16095	Sec. 8260.004. DISTRICT TERRITORY. (a) The district is
16096	16096	composed of the territory described by Section 4, Chapter 685, Acts
16097	16097	of the 62nd Legislature, Regular Session, 1971, as that territory
16098	16098	may have been modified under:
16099	16099	(1) Subchapter H, Chapter 54, Water Code;
16100	16100	(2) Subchapter J, Chapter 49, Water Code; or
16101	16101	(3) other law.
16102	16102	(b) The boundaries and field notes of the district form a
16103	16103	closure. A mistake in copying the field notes in the legislative
16104	16104	process or another mistake in the field notes does not affect:
16105	16105	(1) the district's organization, existence, or
16106	16106	validity;
16107	16107	(2) the district's right to issue any type of bond for
16108	16108	a purpose for which the district is created or to pay the principal
16109	16109	of and interest on the bond;
16110	16110	(3) the district's right to impose a tax; or
16111	16111	(4) the legality or operation of the district or its
16112	16112	governing body. (Acts 62nd Leg., R.S., Ch. 685, Sec. 2; New.)
16113	16113	[Sections 8260.005-8260.050 reserved for expansion]
16114	16114	SUBCHAPTER B. BOARD OF DIRECTORS
16115	16115	Sec. 8260.051. COMPOSITION OF BOARD. The board of
16116	16116	directors is composed of five elected directors. (Acts 62nd Leg.,
16117	16117	R.S., Ch. 685, Sec. 6 (part).)
16118	16118	[Sections 8260.052-8260.100 reserved for expansion]
16119	16119	SUBCHAPTER C. POWERS AND DUTIES
16120	16120	Sec. 8260.101. MUNICIPAL UTILITY DISTRICT POWERS. The
16121	16121	district has the rights, powers, privileges, and functions
16122	16122	conferred by general law applicable to a municipal utility
16123	16123	district, including Chapters 49 and 54, Water Code. (Acts 62nd
16124	16124	Leg., R.S., Ch. 685, Sec. 5 (part); New.)
16125	16125	CHAPTER 8262. LOUETTA ROAD UTILITY DISTRICT
16126	16126	SUBCHAPTER A. GENERAL PROVISIONS
16127	16127	Sec. 8262.001. DEFINITIONS
16128	16128	Sec. 8262.002. NATURE OF DISTRICT
16129	16129	Sec. 8262.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
16130	16130	Sec. 8262.004. DISTRICT TERRITORY
16131	16131	Sec. 8262.005. EXPANSION OF DISTRICT
16132	16132	Sec. 8262.006. STATE POLICY REGARDING WASTE DISPOSAL
16133	16133	[Sections 8262.007-8262.050 reserved for expansion]
16134	16134	SUBCHAPTER B. DISTRICT ADMINISTRATION
16135	16135	Sec. 8262.051. COMPOSITION OF BOARD
16136	16136	Sec. 8262.052. DIRECTOR'S BOND
16137	16137	Sec. 8262.053. ABSENCE OR INACTION OF BOARD PRESIDENT
16138	16138	Sec. 8262.054. DISTRICT OFFICE
16139	16139	[Sections 8262.055-8262.100 reserved for expansion]
16140	16140	SUBCHAPTER C. POWERS AND DUTIES
16141	16141	Sec. 8262.101. MUNICIPAL UTILITY DISTRICT POWERS
16142	16142	Sec. 8262.102. ADDITIONAL POWERS
16143	16143	Sec. 8262.103. EMINENT DOMAIN
16144	16144	Sec. 8262.104. COST OF RELOCATING OR ALTERING PROPERTY
16145	16145	Sec. 8262.105. CONTRACT FOR PURCHASE OF WATER, SEWER,
16146	16146	REQUIRED
16147	16147	Sec. 8262.106. NOTICE OF ELECTION
16148	16148	Sec. 8262.107. DISTRICT RULES
16149	16149	[Sections 8262.108-8262.150 reserved for expansion]
16150	16150	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
16151	16151	Sec. 8262.151. TAX METHOD
16152	16152	Sec. 8262.152. DISTRICT ACCOUNTS
16153	16153	Sec. 8262.153. COPY OF AUDIT REPORT
16154	16154	Sec. 8262.154. PAYMENT OF TAX OR ASSESSMENT NOT
16155	16155	REQUIRED
16156	16156	Sec. 8262.155. DEPOSITORY
16157	16157	[Sections 8262.156-8262.200 reserved for expansion]
16158	16158	SUBCHAPTER E. BONDS
16159	16159	Sec. 8262.201. LOST OR MUTILATED BONDS
16160	16160	Sec. 8262.202. USE OF BOND PROCEEDS DURING
16161	16161	CONSTRUCTION
16162	16162	Sec. 8262.203. REFUNDING BONDS
16163	16163	CHAPTER 8262. LOUETTA ROAD UTILITY DISTRICT
16164	16164	SUBCHAPTER A. GENERAL PROVISIONS
16165	16165	Sec. 8262.001. DEFINITIONS. In this chapter:
16166	16166	(1) "Board" means the board of directors of the
16167	16167	district.
16168	16168	(2) "Director" means a member of the board.
16169	16169	(3) "District" means the Louetta Road Utility
16170	16170	District. (Acts 61st Leg., R.S., Ch. 749, Sec. 1 (part); New.)
16171	16171	Sec. 8262.002. NATURE OF DISTRICT. The district is a
16172	16172	municipal utility district and a conservation and reclamation
16173	16173	district in Harris County created under Section 59, Article XVI,
16174	16174	Texas Constitution. (Acts 61st Leg., R.S., Ch. 749, Sec. 1 (part);
16175	16175	New.)
16176	16176	Sec. 8262.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
16177	16177	The district is created to serve a public use and benefit.
16178	16178	(b) All land and other property included in the boundaries
16179	16179	of the district will benefit from the works and projects
16180	16180	accomplished by the district under the powers conferred by Section
16181	16181	59, Article XVI, Texas Constitution.
16182	16182	(c) The creation of the district is essential to accomplish
16183	16183	the purposes of Section 59, Article XVI, Texas Constitution.
16184	16184	(d) The accomplishment of the purposes stated in this
16185	16185	chapter is for the benefit of the people of this state and for the
16186	16186	improvement of their property and industries. The district in
16187	16187	carrying out the purposes of this chapter will be performing an
16188	16188	essential public function under the Texas Constitution. (Acts 61st
16189	16189	Leg., R.S., Ch. 749, Secs. 1 (part), 4, 24 (part).)
16190	16190	Sec. 8262.004. DISTRICT TERRITORY. (a) The district is
16191	16191	composed of the territory described by Section 2, Chapter 749, Acts
16192	16192	of the 61st Legislature, Regular Session, 1969, as that territory
16193	16193	may have been modified under:
16194	16194	(1) Subchapter H, Chapter 54, Water Code;
16195	16195	(2) Subchapter J, Chapter 49, Water Code;
16196	16196	(3) Section 9, Chapter 749, Acts of the 61st
16197	16197	Legislature, Regular Session, 1969; or
16198	16198	(4) other law.
16199	16199	(b) The boundaries and field notes of the district form a
16200	16200	closure. A mistake in copying the field notes in the legislative
16201	16201	process or another mistake in the field notes does not affect:
16202	16202	(1) the district's organization, existence, or
16203	16203	validity;
16204	16204	(2) the district's right to issue any type of bond for
16205	16205	a purpose for which the district is created or to pay the principal
16206	16206	of and interest on the bond;
16207	16207	(3) the district's right to impose a tax; or
16208	16208	(4) the legality or operation of the district or the
16209	16209	board. (Acts 61st Leg., R.S., Ch. 749, Sec. 3; New.)
16210	16210	Sec. 8262.005. EXPANSION OF DISTRICT. (a) If land is
16211	16211	annexed by the district under Section 49.301, Water Code, the board
16212	16212	may require the petitioners to:
16213	16213	(1) assume the petitioners' pro rata share of the voted
16214	16214	but unissued bonds of the district; and
16215	16215	(2) authorize the board to impose a tax on the
16216	16216	petitioners' property to pay for the bonds after the bonds have been
16217	16217	issued.
16218	16218	(b) If land is annexed by the district under Section 49.302,
16219	16219	Water Code, the board may submit to the voters of the area to be
16220	16220	annexed a proposition on the question of the assumption by the area
16221	16221	to be annexed of its part of the voted but not yet issued or sold tax
16222	16222	or tax-revenue bonds of the district and the imposition of an ad
16223	16223	valorem tax on taxable property in the area to be annexed along with
16224	16224	a tax in the rest of the district for the payment of the bonds.
16225	16225	(c) If the petitioners consent or if the election results
16226	16226	favorably, the district may issue its voted but unissued tax or
16227	16227	tax-revenue bonds regardless of changes to district boundaries
16228	16228	since the original voting or authorization of the bonds. (Acts 61st
16229	16229	Leg., R.S., Ch. 749, Sec. 9.)
16230	16230	Sec. 8262.006. STATE POLICY REGARDING WASTE DISPOSAL. The
16231	16231	district's powers and duties are subject to the state policy of
16232	16232	encouraging the development and use of integrated area-wide waste
16233	16233	collection, treatment, and disposal systems to serve the waste
16234	16234	disposal needs of this state's residents, if integrated systems can
16235	16235	reasonably be provided for an area, so as to avoid the economic
16236	16236	burden on residents and the effect on state water quality caused by
16237	16237	the construction and operation of numerous small waste collection,
16238	16238	treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
16239	16239	749, Sec. 5 (part).)
16240	16240	[Sections 8262.007-8262.050 reserved for expansion]
16241	16241	SUBCHAPTER B. DISTRICT ADMINISTRATION
16242	16242	Sec. 8262.051. COMPOSITION OF BOARD. The board consists of
16243	16243	five elected directors. (Acts 61st Leg., R.S., Ch. 749, Sec. 10
16244	16244	(part).)
16245	16245	Sec. 8262.052. DIRECTOR'S BOND. Each director shall
16246	16246	qualify by giving bond in the amount of $5,000 for the faithful
16247	16247	performance of the director's duties. (Acts 61st Leg., R.S., Ch.
16248	16248	749, Sec. 10 (part).)
16249	16249	Sec. 8262.053. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
16250	16250	When the board president is absent or fails or declines to act, the
16251	16251	board vice president shall perform all duties and exercise all
16252	16252	power this chapter or general law gives the president.
16253	16253	(b) If the board president is absent from a board meeting:
16254	16254	(1) the board vice president may sign an order or other
16255	16255	action adopted at the meeting; or
16256	16256	(2) the board may authorize the president to sign the
16257	16257	order or implement the action. (Acts 61st Leg., R.S., Ch. 749, Sec.
16258	16258	10 (part).)
16259	16259	Sec. 8262.054. DISTRICT OFFICE. (a) Except as provided by
16260	16260	this section, the board shall designate, establish, and maintain a
16261	16261	district office as provided by Section 49.062, Water Code.
16262	16262	(b) The board may establish a second district office outside
16263	16263	the district. If the board establishes a second district office,
16264	16264	the board shall give notice of the location of that office by:
16265	16265	(1) filing a copy of the board resolution that
16266	16266	establishes the location of the office:
16267	16267	(A) with the Texas Commission on Environmental
16268	16268	Quality; and
16269	16269	(B) in the municipal utility district records of
16270	16270	each county in which the district is located; and
16271	16271	(2) publishing notice of the location of the office in
16272	16272	a newspaper of general circulation in each county in which the
16273	16273	district is located.
16274	16274	(c) A district office that is a private residence, office,
16275	16275	or dwelling is a public place for matters relating to the district's
16276	16276	business.
16277	16277	(d) The board shall provide notice of any change in the
16278	16278	location of the district office outside the district in the manner
16279	16279	required by Subsection (b). (Acts 61st Leg., R.S., Ch. 749, Sec.
16280	16280	15.)
16281	16281	[Sections 8262.055-8262.100 reserved for expansion]
16282	16282	SUBCHAPTER C. POWERS AND DUTIES
16283	16283	Sec. 8262.101. MUNICIPAL UTILITY DISTRICT POWERS. The
16284	16284	district has all of the rights, powers, privileges, and functions
16285	16285	conferred and imposed by the general law of this state relating to
16286	16286	municipal utility districts created under Section 59, Article XVI,
16287	16287	Texas Constitution, including those conferred by Chapters 49 and
16288	16288	54, Water Code. (Acts 61st Leg., R.S., Ch. 749, Sec. 5 (part).)
16289	16289	Sec. 8262.102. ADDITIONAL POWERS. (a) The district may:
16290	16290	(1) make, purchase, construct, lease, or otherwise
16291	16291	acquire property, works, facilities, existing improvements, or
16292	16292	improvements to be made, constructed, or acquired that are:
16293	16293	(A) inside or outside the district's boundaries;
16294	16294	and
16295	16295	(B) necessary to carry out the powers granted by
16296	16296	this chapter or general law; or
16297	16297	(2) enter into a contract with a person on terms the
16298	16298	board considers desirable, fair, and advantageous for:
16299	16299	(A) the purchase or sale of water;
16300	16300	(B) the transportation, treatment, and disposal
16301	16301	of the domestic, industrial, or communal wastes of the district or
16302	16302	others;
16303	16303	(C) the continuing and orderly development of
16304	16304	land and property in the district through the purchase,
16305	16305	construction, or installation of facilities, works, or
16306	16306	improvements that the district is otherwise authorized to do or
16307	16307	perform so that, to the greatest extent reasonably possible,
16308	16308	considering sound engineering and economic practices, all of the
16309	16309	land and property may ultimately receive the services of the
16310	16310	facilities, works, or improvements; and
16311	16311	(D) the performance of any of the powers granted
16312	16312	by this chapter or general law.
16313	16313	(b) A contract under Subsection (a)(2) may not have a
16314	16314	duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 749,
16315	16315	Sec. 5 (part).)
16316	16316	Sec. 8262.103. EMINENT DOMAIN. The district may exercise
16317	16317	the power of eminent domain only:
16318	16318	(1) in a county in which the district is located; and
16319	16319	(2) when necessary to carry out the purposes for which
16320	16320	the district was created. (Acts 61st Leg., R.S., Ch. 749, Sec. 13
16321	16321	(part).)
16322	16322	Sec. 8262.104. COST OF RELOCATING OR ALTERING PROPERTY.
16323	16323	(a) In this section, "sole expense" means the actual cost of
16324	16324	relocating, raising, lowering, rerouting, changing the grade of, or
16325	16325	altering the construction of a facility described by Subsection (b)
16326	16326	in providing comparable replacement without enhancement of the
16327	16327	facility, after deducting from that cost the net salvage value of
16328	16328	the old facility.
16329	16329	(b) If the district's exercise of the power of eminent
16330	16330	domain, the power of relocation, or any other power conferred by
16331	16331	this chapter makes necessary the relocation, raising, rerouting,
16332	16332	changing the grade, or alteration of the construction of a highway,
16333	16333	a railroad, an electric transmission line, a telegraph or telephone
16334	16334	property or facility, or a pipeline, the necessary action shall be
16335	16335	accomplished at the sole expense of the district. (Acts 61st Leg.,
16336	16336	R.S., Ch. 749, Sec. 13 (part).)
16337	16337	Sec. 8262.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR
16338	16338	DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district and a
16339	16339	political subdivision may enter into a contract for water, sewer,
16340	16340	or drainage services or any combination of those services without
16341	16341	the necessity of an election by any contracting party to approve the
16342	16342	contract.
16343	16343	(b) The district may pay for an obligation incurred by such
16344	16344	a contract by issuing bonds that, if otherwise necessary, have been
16345	16345	approved by the voters in the manner provided by this chapter.
16346	16346	(c) The district may deliver the district's bonds to the
16347	16347	United States or an agency or instrumentality of the United States,
16348	16348	or to this state or an agency or instrumentality of this state, that
16349	16349	entered into a contract with the district. (Acts 61st Leg., R.S.,
16350	16350	Ch. 749, Sec. 5 (part).)
16351	16351	Sec. 8262.106. NOTICE OF ELECTION. The board president or
16352	16352	secretary may give notice of an election. (Acts 61st Leg., R.S.,
16353	16353	Ch. 749, Sec. 19.)
16354	16354	Sec. 8262.107. DISTRICT RULES. The district shall adopt
16355	16355	and enforce reasonable and effective rules to secure and maintain
16356	16356	safe, sanitary, and adequate plumbing installations, connections,
16357	16357	and appurtenances as subsidiary parts of the district's sewerage
16358	16358	system to preserve the quality of water within or controlled by the
16359	16359	district. (Acts 61st Leg., R.S., Ch. 749, Sec. 16.)
16360	16360	[Sections 8262.108-8262.150 reserved for expansion]
16361	16361	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
16362	16362	Sec. 8262.151. TAX METHOD. (a) The district shall use the
16363	16363	ad valorem plan of taxation.
16364	16364	(b) The board is not required to call or hold a hearing on
16365	16365	the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 749,
16366	16366	Sec. 8.)
16367	16367	Sec. 8262.152. DISTRICT ACCOUNTS. The district shall keep
16368	16368	a complete system of the district's accounts. (Acts 61st Leg.,
16369	16369	R.S., Ch. 749, Sec. 14 (part).)
16370	16370	Sec. 8262.153. COPY OF AUDIT REPORT. A copy of the audit
16371	16371	report prepared under Subchapter G, Chapter 49, Water Code, shall
16372	16372	be delivered:
16373	16373	(1) to each director; and
16374	16374	(2) to a holder of at least 25 percent of the
16375	16375	outstanding bonds of the district, on request. (Acts 61st Leg.,
16376	16376	R.S., Ch. 749, Sec. 14 (part); New.)
16377	16377	Sec. 8262.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
16378	16378	The district is not required to pay a tax or assessment on:
16379	16379	(1) district property; or
16380	16380	(2) a purchase made by the district. (Acts 61st Leg.,
16381	16381	R.S., Ch. 749, Sec. 24 (part).)
16382	16382	Sec. 8262.155. DEPOSITORY. (a) The board shall select one
16383	16383	or more banks in this state to act as depository for the district's
16384	16384	money.
16385	16385	(b) To the extent that money in the depository bank is not
16386	16386	insured by the Federal Deposit Insurance Corporation, the money
16387	16387	must be secured in the manner provided by law for the security of
16388	16388	county funds.
16389	16389	(c) A director may be a shareholder in a bank that is a
16390	16390	depository of district money. (Acts 61st Leg., R.S., Ch. 749, Sec.
16391	16391	14 (part).)
16392	16392	[Sections 8262.156-8262.200 reserved for expansion]
16393	16393	SUBCHAPTER E. BONDS
16394	16394	Sec. 8262.201. LOST OR MUTILATED BONDS. A trust indenture
16395	16395	securing bonds issued under this chapter may provide for the
16396	16396	issuance of bonds to replace lost or mutilated bonds. (Acts 61st
16397	16397	Leg., R.S., Ch. 749, Sec. 12 (part).)
16398	16398	Sec. 8262.202. USE OF BOND PROCEEDS DURING CONSTRUCTION.
16399	16399	(a) The district may appropriate or set aside out of the proceeds
16400	16400	from the sale of any bonds issued under this chapter an amount for
16401	16401	the payment of interest, administrative, and operating expenses
16402	16402	expected to accrue during a period of construction, as may be
16403	16403	provided in the bond orders or resolutions.
16404	16404	(b) For purposes of this section, the period of construction
16405	16405	may not exceed three years. (Acts 61st Leg., R.S., Ch. 749, Sec. 12
16406	16406	(part).)
16407	16407	Sec. 8262.203. REFUNDING BONDS. (a) By order or resolution
16408	16408	adopted by the board, the district may issue revenue refunding
16409	16409	bonds or tax-revenue refunding bonds to refund revenue bonds or
16410	16410	tax-revenue bonds, whether original bonds or refunding bonds,
16411	16411	previously issued by the district.
16412	16412	(b) The comptroller shall register the refunding bonds on
16413	16413	the surrender and cancellation of the bonds to be refunded.
16414	16414	(c) Instead of issuing bonds to be registered on the
16415	16415	surrender and cancellation of the bonds to be refunded, the
16416	16416	district, in the order or resolution authorizing the issuance of
16417	16417	the refunding bonds, may provide for the sale of the refunding bonds
16418	16418	and the deposit of the proceeds in the place or places where the
16419	16419	bonds to be refunded are payable. In that case, the refunding bonds
16420	16420	may be issued if an amount sufficient to pay the principal of and
16421	16421	interest on the bonds to be refunded to their maturity dates, or to
16422	16422	their option dates if according to their terms the bonds have been
16423	16423	called for payment before maturity, has been deposited in the place
16424	16424	or places where the bonds to be refunded are payable, and the
16425	16425	comptroller shall register the refunding bonds without the
16426	16426	surrender and cancellation of the bonds to be refunded. (Acts 61st
16427	16427	Leg., R.S., Ch. 749, Sec. 12 (part).)
16428	16428	CHAPTER 8271. LANGHAM CREEK UTILITY DISTRICT
16429	16429	SUBCHAPTER A. GENERAL PROVISIONS
16430	16430	Sec. 8271.001. DEFINITIONS
16431	16431	Sec. 8271.002. NATURE OF DISTRICT
16432	16432	Sec. 8271.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
16433	16433	Sec. 8271.004. DISTRICT TERRITORY
16434	16434	Sec. 8271.005. EXPANSION OF DISTRICT
16435	16435	Sec. 8271.006. STATE POLICY REGARDING WASTE DISPOSAL
16436	16436	[Sections 8271.007-8271.050 reserved for expansion]
16437	16437	SUBCHAPTER B. DISTRICT ADMINISTRATION
16438	16438	Sec. 8271.051. COMPOSITION OF BOARD
16439	16439	Sec. 8271.052. DIRECTOR'S BOND
16440	16440	Sec. 8271.053. ABSENCE OR INACTION OF BOARD PRESIDENT
16441	16441	Sec. 8271.054. DISTRICT OFFICE
16442	16442	[Sections 8271.055-8271.100 reserved for expansion]
16443	16443	SUBCHAPTER C. POWERS AND DUTIES
16444	16444	Sec. 8271.101. MUNICIPAL UTILITY DISTRICT POWERS
16445	16445	Sec. 8271.102. ADDITIONAL POWERS
16446	16446	Sec. 8271.103. EMINENT DOMAIN
16447	16447	Sec. 8271.104. COST OF RELOCATING OR ALTERING PROPERTY
16448	16448	Sec. 8271.105. CONTRACT FOR PURCHASE OF WATER, SEWER,
16449	16449	REQUIRED
16450	16450	Sec. 8271.106. NOTICE OF ELECTION
16451	16451	Sec. 8271.107. DISTRICT RULES
16452	16452	[Sections 8271.108-8271.150 reserved for expansion]
16453	16453	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
16454	16454	Sec. 8271.151. TAX METHOD
16455	16455	Sec. 8271.152. DISTRICT ACCOUNTS
16456	16456	Sec. 8271.153. COPY OF AUDIT REPORT
16457	16457	Sec. 8271.154. PAYMENT OF TAX OR ASSESSMENT NOT
16458	16458	REQUIRED
16459	16459	Sec. 8271.155. DEPOSITORY
16460	16460	[Sections 8271.156-8271.200 reserved for expansion]
16461	16461	SUBCHAPTER E. BONDS
16462	16462	Sec. 8271.201. LOST OR MUTILATED BONDS
16463	16463	Sec. 8271.202. USE OF BOND PROCEEDS DURING
16464	16464	CONSTRUCTION
16465	16465	Sec. 8271.203. REFUNDING BONDS
16466	16466	CHAPTER 8271. LANGHAM CREEK UTILITY DISTRICT
16467	16467	SUBCHAPTER A. GENERAL PROVISIONS
16468	16468	Sec. 8271.001. DEFINITIONS. In this chapter:
16469	16469	(1) "Board" means the board of directors of the
16470	16470	district.
16471	16471	(2) "Director" means a member of the board.
16472	16472	(3) "District" means the Langham Creek Utility
16473	16473	District. (Acts 61st Leg., R.S., Ch. 306, Sec. 1 (part); New.)
16474	16474	Sec. 8271.002. NATURE OF DISTRICT. The district is a
16475	16475	municipal utility district and a conservation and reclamation
16476	16476	district in Harris County created under Section 59, Article XVI,
16477	16477	Texas Constitution. (Acts 61st Leg., R.S., Ch. 306, Sec. 1 (part);
16478	16478	New.)
16479	16479	Sec. 8271.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
16480	16480	The district is created to serve a public use and benefit.
16481	16481	(b) All land and other property included in the boundaries
16482	16482	of the district will benefit from the works and projects
16483	16483	accomplished by the district under the powers conferred by Section
16484	16484	59, Article XVI, Texas Constitution.
16485	16485	(c) The creation of the district is essential to accomplish
16486	16486	the purposes of Section 59, Article XVI, Texas Constitution.
16487	16487	(d) The accomplishment of the purposes stated in this
16488	16488	chapter is for the benefit of the people of this state and for the
16489	16489	improvement of their property and industries. The district in
16490	16490	carrying out the purposes of this chapter will be performing an
16491	16491	essential public function under the Texas Constitution. (Acts 61st
16492	16492	Leg., R.S., Ch. 306, Secs. 1 (part), 4, 24 (part).)
16493	16493	Sec. 8271.004. DISTRICT TERRITORY. (a) The district is
16494	16494	composed of the territory described by Section 2, Chapter 306, Acts
16495	16495	of the 61st Legislature, Regular Session, 1969, as that territory
16496	16496	may have been modified under:
16497	16497	(1) Subchapter H, Chapter 54, Water Code;
16498	16498	(2) Subchapter J, Chapter 49, Water Code;
16499	16499	(3) Section 9, Chapter 306, Acts of the 61st
16500	16500	Legislature, Regular Session, 1969; or
16501	16501	(4) other law.
16502	16502	(b) The boundaries and field notes of the district form a
16503	16503	closure. A mistake in copying the field notes in the legislative
16504	16504	process or another mistake in the field notes does not affect:
16505	16505	(1) the district's organization, existence, or
16506	16506	validity;
16507	16507	(2) the district's right to issue any type of bonds for
16508	16508	a purpose for which the district is created or to pay the principal
16509	16509	of and interest on the bonds;
16510	16510	(3) the district's right to impose a tax; or
16511	16511	(4) the legality or operation of the district or the
16512	16512	board. (Acts 61st Leg., R.S., Ch. 306, Sec. 3; New.)
16513	16513	Sec. 8271.005. EXPANSION OF DISTRICT. (a) If land is
16514	16514	annexed by the district under Section 49.301, Water Code, the board
16515	16515	may require the petitioners to:
16516	16516	(1) assume the petitioners' pro rata share of the voted
16517	16517	but unissued bonds of the district; and
16518	16518	(2) authorize the board to impose a tax on the
16519	16519	petitioners' property to pay for the bonds after the bonds have been
16520	16520	issued.
16521	16521	(b) If land is annexed by the district under Section 49.302,
16522	16522	Water Code, the board may submit to the voters of the area to be
16523	16523	annexed a proposition on the question of the assumption by the area
16524	16524	to be annexed of its part of the voted but not yet issued or sold tax
16525	16525	or tax-revenue bonds of the district and the imposition of an ad
16526	16526	valorem tax on taxable property in the area to be annexed along with
16527	16527	a tax in the rest of the district for the payment of the bonds.
16528	16528	(c) If the petitioners consent or if the election results
16529	16529	favorably, the district may issue its voted but unissued tax or
16530	16530	tax-revenue bonds regardless of changes to district boundaries
16531	16531	since the original voting or authorization of the bonds. (Acts 61st
16532	16532	Leg., R.S., Ch. 306, Sec. 9.)
16533	16533	Sec. 8271.006. STATE POLICY REGARDING WASTE DISPOSAL. The
16534	16534	district's powers and duties are subject to the state policy of
16535	16535	encouraging the development and use of integrated area-wide waste
16536	16536	collection, treatment, and disposal systems to serve the waste
16537	16537	disposal needs of this state's residents, if integrated systems can
16538	16538	reasonably be provided for an area, so as to avoid the economic
16539	16539	burden on residents and the effect on state water quality caused by
16540	16540	the construction and operation of numerous small waste collection,
16541	16541	treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
16542	16542	306, Sec. 5 (part).)
16543	16543	[Sections 8271.007-8271.050 reserved for expansion]
16544	16544	SUBCHAPTER B. DISTRICT ADMINISTRATION
16545	16545	Sec. 8271.051. COMPOSITION OF BOARD. The board consists of
16546	16546	five elected directors. (Acts 61st Leg., R.S., Ch. 306, Sec. 10
16547	16547	(part).)
16548	16548	Sec. 8271.052. DIRECTOR'S BOND. Each director shall
16549	16549	qualify by giving bond in the amount of $5,000 for the faithful
16550	16550	performance of the director's duties. (Acts 61st Leg., R.S., Ch.
16551	16551	306, Sec. 10 (part).)
16552	16552	Sec. 8271.053. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
16553	16553	When the board president is absent or fails or declines to act, the
16554	16554	board vice president shall perform all duties and exercise all
16555	16555	power this chapter or general law gives the president.
16556	16556	(b) If the board president is absent from a board meeting:
16557	16557	(1) the board vice president may sign an order or other
16558	16558	action adopted at the meeting; or
16559	16559	(2) the board may authorize the president to sign the
16560	16560	order or implement the action. (Acts 61st Leg., R.S., Ch. 306, Sec.
16561	16561	10 (part).)
16562	16562	Sec. 8271.054. DISTRICT OFFICE. (a) Except as provided by
16563	16563	this section, the board shall designate, establish, and maintain a
16564	16564	district office as provided by Section 49.062, Water Code.
16565	16565	(b) The board may establish a second district office outside
16566	16566	the district. If the board establishes a second district office,
16567	16567	the board shall give notice of the location of that office by:
16568	16568	(1) filing a copy of the board resolution that
16569	16569	establishes the location of the office:
16570	16570	(A) with the Texas Commission on Environmental
16571	16571	Quality; and
16572	16572	(B) in the municipal utility district records of
16573	16573	each county in which the district is located; and
16574	16574	(2) publishing notice of the location of the office in
16575	16575	a newspaper of general circulation in each county in which the
16576	16576	district is located.
16577	16577	(c) A district office that is a private residence, office,
16578	16578	or dwelling is a public place for matters relating to the district's
16579	16579	business.
16580	16580	(d) The board shall provide notice of any change in the
16581	16581	location of the district office outside the district in the manner
16582	16582	required by Subsection (b). (Acts 61st Leg., R.S., Ch. 306, Sec.
16583	16583	15.)
16584	16584	[Sections 8271.055-8271.100 reserved for expansion]
16585	16585	SUBCHAPTER C. POWERS AND DUTIES
16586	16586	Sec. 8271.101. MUNICIPAL UTILITY DISTRICT POWERS. The
16587	16587	district has all of the rights, powers, privileges, and functions
16588	16588	conferred and imposed by the general law of this state relating to
16589	16589	municipal utility districts created under Section 59, Article XVI,
16590	16590	Texas Constitution, including those conferred by Chapters 49 and
16591	16591	54, Water Code. (Acts 61st Leg., R.S., Ch. 306, Sec. 5 (part).)
16592	16592	Sec. 8271.102. ADDITIONAL POWERS. (a) The district may:
16593	16593	(1) make, purchase, construct, lease, or otherwise
16594	16594	acquire property, works, facilities, existing improvements, or
16595	16595	improvements to be made, constructed, or acquired that are:
16596	16596	(A) inside or outside the district's boundaries;
16597	16597	and
16598	16598	(B) necessary to carry out the powers granted by
16599	16599	this chapter or general law; or
16600	16600	(2) enter into a contract with a person on terms the
16601	16601	board considers desirable, fair, and advantageous for:
16602	16602	(A) the purchase or sale of water;
16603	16603	(B) the transportation, treatment, and disposal
16604	16604	of the domestic, industrial, or communal wastes of the district or
16605	16605	others;
16606	16606	(C) the continuing and orderly development of
16607	16607	land and property in the district through the purchase,
16608	16608	construction, or installation of facilities, works, or
16609	16609	improvements that the district is otherwise authorized to do or
16610	16610	perform so that, to the greatest extent reasonably possible,
16611	16611	considering sound engineering and economic practices, all of the
16612	16612	land and property may ultimately receive the services of the
16613	16613	facilities, works, or improvements; and
16614	16614	(D) the performance of any of the powers granted
16615	16615	by this chapter or general law.
16616	16616	(b) A contract under Subsection (a)(2) may not have a
16617	16617	duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 306,
16618	16618	Sec. 5 (part).)
16619	16619	Sec. 8271.103. EMINENT DOMAIN. The district may exercise
16620	16620	the power of eminent domain only:
16621	16621	(1) in a county in which the district is located; and
16622	16622	(2) when necessary to carry out the purposes for which
16623	16623	the district was created. (Acts 61st Leg., R.S., Ch. 306, Sec. 13
16624	16624	(part).)
16625	16625	Sec. 8271.104. COST OF RELOCATING OR ALTERING PROPERTY.
16626	16626	(a) In this section, "sole expense" means the actual cost of
16627	16627	relocating, raising, lowering, rerouting, changing the grade of, or
16628	16628	altering the construction of a facility described by Subsection (b)
16629	16629	in providing comparable replacement without enhancement of the
16630	16630	facility, after deducting from that cost the net salvage value of
16631	16631	the old facility.
16632	16632	(b) If the district's exercise of the power of eminent
16633	16633	domain, the power of relocation, or any other power conferred by
16634	16634	this chapter makes necessary the relocation, raising, rerouting,
16635	16635	changing the grade, or alteration of the construction of a highway,
16636	16636	a railroad, an electric transmission line, a telegraph or telephone
16637	16637	property or facility, or a pipeline, the necessary action shall be
16638	16638	accomplished at the sole expense of the district. (Acts 61st Leg.,
16639	16639	R.S., Ch. 306, Sec. 13 (part).)
16640	16640	Sec. 8271.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR
16641	16641	DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district and a
16642	16642	political subdivision may enter into a contract for water, sewer,
16643	16643	or drainage services or any combination of those services without
16644	16644	the necessity of an election by any contracting party to approve the
16645	16645	contract.
16646	16646	(b) The district may pay for an obligation incurred by such
16647	16647	a contract by issuing bonds that, if otherwise necessary, have been
16648	16648	approved by the voters in the manner provided by this chapter.
16649	16649	(c) The district may deliver the district's bonds to the
16650	16650	United States or an agency or instrumentality of the United States,
16651	16651	or to this state or an agency or instrumentality of this state, that
16652	16652	entered into a contract with the district. (Acts 61st Leg., R.S.,
16653	16653	Ch. 306, Sec. 5 (part).)
16654	16654	Sec. 8271.106. NOTICE OF ELECTION. The board president or
16655	16655	secretary may give notice of an election. (Acts 61st Leg., R.S.,
16656	16656	Ch. 306, Sec. 19.)
16657	16657	Sec. 8271.107. DISTRICT RULES. The district shall adopt
16658	16658	and enforce reasonable and effective rules to secure and maintain
16659	16659	safe, sanitary, and adequate plumbing installations, connections,
16660	16660	and appurtenances as subsidiary parts of the district's sewerage
16661	16661	system to preserve the quality of water within or controlled by the
16662	16662	district. (Acts 61st Leg., R.S., Ch. 306, Sec. 16.)
16663	16663	[Sections 8271.108-8271.150 reserved for expansion]
16664	16664	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
16665	16665	Sec. 8271.151. TAX METHOD. (a) The district shall use the
16666	16666	ad valorem plan of taxation.
16667	16667	(b) The board is not required to call or hold a hearing on
16668	16668	the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 306,
16669	16669	Sec. 8.)
16670	16670	Sec. 8271.152. DISTRICT ACCOUNTS. The district shall keep
16671	16671	a complete system of the district's accounts. (Acts 61st Leg.,
16672	16672	R.S., Ch. 306, Sec. 14 (part).)
16673	16673	Sec. 8271.153. COPY OF AUDIT REPORT. A copy of the audit
16674	16674	report prepared under Subchapter G, Chapter 49, Water Code, shall
16675	16675	be delivered:
16676	16676	(1) to each director; and
16677	16677	(2) to a holder of at least 25 percent of the
16678	16678	outstanding bonds of the district, on request. (Acts 61st Leg.,
16679	16679	R.S., Ch. 306, Sec. 14 (part); New.)
16680	16680	Sec. 8271.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
16681	16681	The district is not required to pay a tax or assessment on:
16682	16682	(1) district property; or
16683	16683	(2) a purchase made by the district. (Acts 61st Leg.,
16684	16684	R.S., Ch. 306, Sec. 24 (part).)
16685	16685	Sec. 8271.155. DEPOSITORY. (a) The board shall select one
16686	16686	or more banks in this state to act as depository for the district's
16687	16687	money.
16688	16688	(b) To the extent that money in the depository bank is not
16689	16689	insured by the Federal Deposit Insurance Corporation, the money
16690	16690	must be secured in the manner provided by law for the security of
16691	16691	county funds.
16692	16692	(c) A director may be a shareholder in a bank that is a
16693	16693	depository of district money. (Acts 61st Leg., R.S., Ch. 306, Sec.
16694	16694	14 (part).)
16695	16695	[Sections 8271.156-8271.200 reserved for expansion]
16696	16696	SUBCHAPTER E. BONDS
16697	16697	Sec. 8271.201. LOST OR MUTILATED BONDS. A trust indenture
16698	16698	securing bonds issued under this chapter may provide for the
16699	16699	issuance of bonds to replace lost or mutilated bonds. (Acts 61st
16700	16700	Leg., R.S., Ch. 306, Sec. 12 (part).)
16701	16701	Sec. 8271.202. USE OF BOND PROCEEDS DURING CONSTRUCTION.
16702	16702	(a) The district may appropriate or set aside out of the proceeds
16703	16703	from the sale of any bonds issued under this chapter an amount for
16704	16704	the payment of interest, administrative, and operating expenses
16705	16705	expected to accrue during a period of construction, as may be
16706	16706	provided in the bond orders or resolutions.
16707	16707	(b) For purposes of this section, the period of construction
16708	16708	may not exceed three years. (Acts 61st Leg., R.S., Ch. 306, Sec. 12
16709	16709	(part).)
16710	16710	Sec. 8271.203. REFUNDING BONDS. (a) By order or resolution
16711	16711	adopted by the board, the district may issue revenue refunding
16712	16712	bonds or tax-revenue refunding bonds to refund revenue bonds or
16713	16713	tax-revenue bonds, whether original bonds or refunding bonds,
16714	16714	previously issued by the district.
16715	16715	(b) The comptroller shall register the refunding bonds on
16716	16716	the surrender and cancellation of the bonds to be refunded.
16717	16717	(c) Instead of issuing bonds to be registered on the
16718	16718	surrender and cancellation of the bonds to be refunded, the
16719	16719	district, in the order or resolution authorizing the issuance of
16720	16720	the refunding bonds, may provide for the sale of the refunding bonds
16721	16721	and the deposit of the proceeds in the place or places where the
16722	16722	bonds to be refunded are payable. In that case, the refunding bonds
16723	16723	may be issued if an amount sufficient to pay the principal of and
16724	16724	interest on the bonds to be refunded to their maturity dates, or to
16725	16725	their option dates if according to their terms the bonds have been
16726	16726	called for payment before maturity, has been deposited in the place
16727	16727	or places where the bonds to be refunded are payable, and the
16728	16728	comptroller shall register the refunding bonds without the
16729	16729	surrender and cancellation of the bonds to be refunded. (Acts 61st
16730	16730	Leg., R.S., Ch. 306, Sec. 12 (part).)
16731	16731	CHAPTER 8272. HARRIS-MONTGOMERY COUNTIES MUNICIPAL
16732	16732	UTILITY DISTRICT NO. 386
16733	16733	SUBCHAPTER A. GENERAL PROVISIONS
16734	16734	Sec. 8272.001. DEFINITION
16735	16735	Sec. 8272.002. NATURE OF DISTRICT
16736	16736	Sec. 8272.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
16737	16737	Sec. 8272.004. DISTRICT TERRITORY
16738	16738	[Sections 8272.005-8272.050 reserved for expansion]
16739	16739	SUBCHAPTER B. BOARD OF DIRECTORS
16740	16740	Sec. 8272.051. COMPOSITION OF BOARD; TERMS
16741	16741	[Sections 8272.052-8272.100 reserved for expansion]
16742	16742	SUBCHAPTER C. POWERS AND DUTIES
16743	16743	Sec. 8272.101. MUNICIPAL UTILITY DISTRICT POWERS
16744	16744	Sec. 8272.102. COMPLIANCE WITH MUNICIPAL CONSENT
16745	16745	ORDINANCES OR RESOLUTIONS
16746	16746	Sec. 8272.103. RELOCATING OR ALTERING PROPERTY; COSTS
16747	16747	Sec. 8272.104. UTILITY PROPERTY EXEMPT FROM IMPACT
16748	16748	FEES AND ASSESSMENTS
16749	16749	CHAPTER 8272. HARRIS-MONTGOMERY COUNTIES MUNICIPAL
16750	16750	UTILITY DISTRICT NO. 386
16751	16751	SUBCHAPTER A. GENERAL PROVISIONS
16752	16752	Sec. 8272.001. DEFINITION. In this chapter, "district"
16753	16753	means the Harris-Montgomery Counties Municipal Utility District
16754	16754	No. 386. (Acts 77th Leg., R.S., Ch. 1381, Sec. 2.)
16755	16755	Sec. 8272.002. NATURE OF DISTRICT. The district is a
16756	16756	conservation and reclamation district created under Section 59,
16757	16757	Article XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1381,
16758	16758	Secs. 1(a) (part), (b) (part).)
16759	16759	Sec. 8272.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
16760	16760	The district is created to serve a public use and benefit.
16761	16761	(b) All land and other property included in the district
16762	16762	will benefit from the works and projects accomplished by the
16763	16763	district under the powers conferred by Section 59, Article XVI,
16764	16764	Texas Constitution.
16765	16765	(c) The creation of the district is essential to accomplish
16766	16766	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
16767	16767	77th Leg., R.S., Ch. 1381, Secs. 1(b) (part), 5.)
16768	16768	Sec. 8272.004. DISTRICT TERRITORY. (a) The district is
16769	16769	composed of the territory described by Section 3, Chapter 1381,
16770	16770	Acts of the 77th Legislature, Regular Session, 2001, as that
16771	16771	territory may have been modified under:
16772	16772	(1) Subchapter H, Chapter 54, Water Code;
16773	16773	(2) Subchapter J, Chapter 49, Water Code; or
16774	16774	(3) other law.
16775	16775	(b) The boundaries and field notes of the district form a
16776	16776	closure. A mistake in the field notes or in copying the field notes
16777	16777	in the legislative process does not affect:
16778	16778	(1) the district's organization, existence, or
16779	16779	validity;
16780	16780	(2) the validity of district bonds, notes, or other
16781	16781	indebtedness;
16782	16782	(3) the district's right to impose a tax; or
16783	16783	(4) the legality or operation of the district or its
16784	16784	governing body. (Acts 77th Leg., R.S., Ch. 1381, Sec. 4; New.)
16785	16785	[Sections 8272.005-8272.050 reserved for expansion]
16786	16786	SUBCHAPTER B. BOARD OF DIRECTORS
16787	16787	Sec. 8272.051. COMPOSITION OF BOARD; TERMS. (a) The
16788	16788	district is governed by a board of five directors.
16789	16789	(b) Directors serve staggered four-year terms. (Acts 77th
16790	16790	Leg., R.S., Ch. 1381, Secs. 8(a), (d).)
16791	16791	[Sections 8272.052-8272.100 reserved for expansion]
16792	16792	SUBCHAPTER C. POWERS AND DUTIES
16793	16793	Sec. 8272.101. MUNICIPAL UTILITY DISTRICT POWERS. The
16794	16794	district has the rights, powers, privileges, functions, and duties
16795	16795	provided by general law applicable to a municipal utility district
16796	16796	created under Section 59, Article XVI, Texas Constitution,
16797	16797	including Chapters 49, 50, and 54, Water Code. (Acts 77th Leg.,
16798	16798	R.S., Ch. 1381, Sec. 6(a) (part).)
16799	16799	Sec. 8272.102. COMPLIANCE WITH MUNICIPAL CONSENT
16800	16800	ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
16801	16801	54.016, Water Code, the district shall comply with all applicable
16802	16802	requirements of any ordinance or resolution adopted by the city
16803	16803	council of the City of Houston, including an ordinance or
16804	16804	resolution adopted before September 1, 2001, that consents to the
16805	16805	creation of the district or to the inclusion of lands in the
16806	16806	district. (Acts 77th Leg., R.S., Ch. 1381, Sec. 12.)
16807	16807	Sec. 8272.103. RELOCATING OR ALTERING PROPERTY; COSTS. (a)
16808	16808	The district may relocate, raise, reroute, change the grade of, or
16809	16809	alter the construction of a highway, railroad, electric
16810	16810	transmission line, telecommunications or other public utility
16811	16811	facility, pipeline, canal, or drainage ditch if considered
16812	16812	necessary by the board of directors.
16813	16813	(b) The district shall pay for any relocation, raising,
16814	16814	rerouting, changing, or altering under this section, unless
16815	16815	otherwise agreed in writing by the interested parties.
16816	16816	(c) If a facility is replaced, the cost of replacement is
16817	16817	limited to an amount equal to the cost of replacing the facility
16818	16818	with a comparable facility, less the replaced facility's net
16819	16819	salvage value. (Acts 77th Leg., R.S., Ch. 1381, Sec. 7.)
16820	16820	Sec. 8272.104. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
16821	16821	ASSESSMENTS. The district may not impose an impact fee or
16822	16822	assessment on the property, including the equipment,
16823	16823	rights-of-way, facilities, or improvements, of:
16824	16824	(1) an electric utility or a power generation company
16825	16825	as defined by Section 31.002, Utilities Code;
16826	16826	(2) a gas utility as defined by Section 101.003 or
16827	16827	121.001, Utilities Code; or
16828	16828	(3) a telecommunications provider as defined by
16829	16829	Section 51.002, Utilities Code. (Acts 77th Leg., R.S., Ch. 1381,
16830	16830	Sec. 6(c).)
16831	16831	CHAPTER 8273. EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT
16832	16832	SUBCHAPTER A. GENERAL PROVISIONS
16833	16833	Sec. 8273.001. DEFINITIONS
16834	16834	Sec. 8273.002. NATURE OF AUTHORITY
16835	16835	Sec. 8273.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
16836	16836	Sec. 8273.004. AUTHORITY TERRITORY
16837	16837	[Sections 8273.005-8273.050 reserved for expansion]
16838	16838	SUBCHAPTER B. BOARD OF DIRECTORS
16839	16839	Sec. 8273.051. COMPOSITION OF BOARD; TERMS
16840	16840	Sec. 8273.052. DIRECTOR'S BOND
16841	16841	Sec. 8273.053. OFFICIAL BOARD ACTIONS
16842	16842	Sec. 8273.054. COMPENSATION
16843	16843	Sec. 8273.055. CHANGING METHOD OF ELECTING DIRECTORS
16844	16844	[Sections 8273.056-8273.100 reserved for expansion]
16845	16845	SUBCHAPTER C. POWERS AND DUTIES
16846	16846	Sec. 8273.101. GENERAL POWERS
16847	16847	Sec. 8273.102. MUNICIPAL UTILITY DISTRICT POWERS
16848	16848	Sec. 8273.103. PERMITS; WATER SUPPLY ACQUISITION
16849	16849	Sec. 8273.104. DOMESTIC, INDUSTRIAL, OR COMMUNAL WASTE
16850	16850	Sec. 8273.105. WATER CONSERVATION PROGRAM
16851	16851	Sec. 8273.106. ADDITIONAL POWERS
16852	16852	Sec. 8273.107. CONSTRUCTION CONTRACTS
16853	16853	CHAPTER 8273. EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT
16854	16854	SUBCHAPTER A. GENERAL PROVISIONS
16855	16855	Sec. 8273.001. DEFINITIONS. In this chapter:
16856	16856	(1) "Authority" means the El Paso County Tornillo
16857	16857	Water Improvement District.
16858	16858	(2) "Board" means the board of directors of the
16859	16859	authority.
16860	16860	(3) "Director" means a member of the board. (Acts 70th
16861	16861	Leg., R.S., Ch. 916, Secs. 1(a) (part), 2; New.)
16862	16862	Sec. 8273.002. NATURE OF AUTHORITY. The authority is a
16863	16863	conservation and reclamation district in El Paso County created
16864	16864	under Section 59, Article XVI, Texas Constitution. (Acts 70th
16865	16865	Leg., R.S., Ch. 916, Sec. 1(a) (part).)
16866	16866	Sec. 8273.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
16867	16867	The authority is created to serve a public use and benefit.
16868	16868	(b) All land and other property included in the boundaries
16869	16869	of the authority will benefit from the works and projects
16870	16870	accomplished by the authority under the powers conferred by Section
16871	16871	59, Article XVI, Texas Constitution.
16872	16872	(c) The creation of the authority is essential to accomplish
16873	16873	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
16874	16874	70th Leg., R.S., Ch. 916, Secs. 1(b), 5.)
16875	16875	Sec. 8273.004. AUTHORITY TERRITORY. (a) The authority is
16876	16876	composed of the territory described by Section 3, Chapter 916, Acts
16877	16877	of the 70th Legislature, Regular Session, 1987, as that territory
16878	16878	may have been modified under:
16879	16879	(1) Subchapter H, Chapter 54, Water Code;
16880	16880	(2) Subchapter J, Chapter 49, Water Code; or
16881	16881	(3) other law.
16882	16882	(b) The boundaries and field notes of the authority form a
16883	16883	closure. A mistake in the field notes or in copying the field notes
16884	16884	in the legislative process does not affect:
16885	16885	(1) the authority's organization, existence, or
16886	16886	validity;
16887	16887	(2) the authority's right to impose a tax; or
16888	16888	(3) the legality or operation of the authority or its
16889	16889	governing body. (Acts 70th Leg., R.S., Ch. 916, Sec. 4; New.)
16890	16890	[Sections 8273.005-8273.050 reserved for expansion]
16891	16891	SUBCHAPTER B. BOARD OF DIRECTORS
16892	16892	Sec. 8273.051. COMPOSITION OF BOARD; TERMS. (a) The
16893	16893	authority is governed by a board of seven directors elected to
16894	16894	numbered places.
16895	16895	(b) Directors serve staggered terms. (Acts 70th Leg., R.S.,
16896	16896	Ch. 916, Secs. 7(a), (b) (part), 9(b).)
16897	16897	Sec. 8273.052. DIRECTOR'S BOND. Each director shall
16898	16898	execute a bond for $5,000 payable to the authority and conditioned
16899	16899	on the faithful performance of the director's duties. (Acts 70th
16900	16900	Leg., R.S., Ch. 916, Sec. 7(g) (part).)
16901	16901	Sec. 8273.053. OFFICIAL BOARD ACTIONS. The affirmative
16902	16902	vote of a majority of the directors is required for any official
16903	16903	board action. (Acts 70th Leg., R.S., Ch. 916, Sec. 7(h) (part).)
16904	16904	Sec. 8273.054. COMPENSATION. Unless the board by
16905	16905	resolution increases the fee to an amount authorized by Section
16906	16906	49.060, Water Code, the authority may provide that each director is
16907	16907	entitled to receive $20 for each day of service necessary to
16908	16908	discharge the director's duties. (Acts 70th Leg., R.S., Ch. 916,
16909	16909	Sec. 7(j) (part); New.)
16910	16910	Sec. 8273.055. CHANGING METHOD OF ELECTING DIRECTORS. If
16911	16911	the board determines that it is in the best interest of the
16912	16912	residents of the authority to change the method by which directors
16913	16913	are elected, the board may adopt any plan of redistricting,
16914	16914	including a plan based on equal geographical areas. (Acts 70th
16915	16915	Leg., R.S., Ch. 916, Sec. 7(i).)
16916	16916	[Sections 8273.056-8273.100 reserved for expansion]
16917	16917	SUBCHAPTER C. POWERS AND DUTIES
16918	16918	Sec. 8273.101. GENERAL POWERS. The authority may perform
16919	16919	any act consistent with the powers granted by this chapter. (Acts
16920	16920	70th Leg., R.S., Ch. 916, Sec. 10(d) (part).)
16921	16921	Sec. 8273.102. MUNICIPAL UTILITY DISTRICT POWERS. The
16922	16922	authority has the rights, powers, privileges, and functions
16923	16923	conferred by the general law applicable to a municipal utility
16924	16924	district created under Section 59, Article XVI, Texas Constitution,
16925	16925	including Chapters 49, 50, and 54, Water Code. (Acts 70th Leg.,
16926	16926	R.S., Ch. 916, Sec. 6(a) (part); New.)
16927	16927	Sec. 8273.103. PERMITS; WATER SUPPLY ACQUISITION. The
16928	16928	authority may:
16929	16929	(1) acquire water appropriation permits, construction
16930	16930	permits, and other permits directly from the Texas Commission on
16931	16931	Environmental Quality or from owners of permits;
16932	16932	(2) acquire water or a water supply from any person,
16933	16933	including a public agency, this state, or the United States;
16934	16934	(3) contract with one or more substantial users of
16935	16935	water to acquire the water supply on an agreed allocation of storage
16936	16936	space between the authority and the user; or
16937	16937	(4) contract independently for the authority's water
16938	16938	supply. (Acts 70th Leg., R.S., Ch. 916, Sec. 10(a) (part).)
16939	16939	Sec. 8273.104. DOMESTIC, INDUSTRIAL, OR COMMUNAL WASTE.
16940	16940	The authority may collect, transport, process, dispose of, and
16941	16941	control all domestic, industrial, or communal waste, whether in
16942	16942	fluid, solid, or composite state. (Acts 70th Leg., R.S., Ch. 916,
16943	16943	Sec. 10(a) (part).)
16944	16944	Sec. 8273.105. WATER CONSERVATION PROGRAM. (a) In this
16945	16945	section, "program of water conservation" means the practices,
16946	16946	techniques, and technologies that will reduce water consumption,
16947	16947	reduce water loss or waste, improve efficiency in water use, or
16948	16948	increase water recycling and reuse so that a water supply is
16949	16949	available for future uses.
16950	16950	(b) The authority shall adopt and implement a program of
16951	16951	water conservation consistent with rules and criteria adopted and
16952	16952	enforced by the Texas Commission on Environmental Quality for
16953	16953	similarly situated districts in the region. (Acts 70th Leg., R.S.,
16954	16954	Ch. 916, Sec. 10(b).)
16955	16955	Sec. 8273.106. ADDITIONAL POWERS. The authority may
16956	16956	purchase, construct, acquire, own, lease, operate, maintain,
16957	16957	repair, improve, and extend, inside or outside the authority's
16958	16958	boundaries, land or an interest in land, any work, improvement,
16959	16959	facility, plant, equipment, or appliance incident, helpful, or
16960	16960	necessary to provide for:
16961	16961	(1) the control, storage, preservation, transmission,
16962	16962	treatment, and distribution and use of storm water, floodwater, the
16963	16963	water of rivers and streams, and groundwater for municipal,
16964	16964	domestic, industrial, and other beneficial uses; and
16965	16965	(2) the collection, transportation, processing,
16966	16966	disposition, and control of domestic, industrial, or commercial
16967	16967	waste. (Acts 70th Leg., R.S., Ch. 916, Sec. 10(c).)
16968	16968	Sec. 8273.107. CONSTRUCTION CONTRACTS. (a) The authority
16969	16969	may award a construction contract that requires an expenditure of
16970	16970	more than $12,500 only after publication of notice to bidders once
16971	16971	each week for two consecutive weeks immediately before awarding the
16972	16972	contract.
16973	16973	(b) The notice must be published in a newspaper with general
16974	16974	circulation in the authority, as designated by the board.
16975	16975	(c) The notice must state:
16976	16976	(1) the time and place for opening the bids;
16977	16977	(2) the general nature of the work to be done or the
16978	16978	material, equipment, or supplies to be purchased; and
16979	16979	(3) the terms on which copies of the plans and
16980	16980	specifications may be obtained.
16981	16981	(d) The authority is not required to advertise work to be
16982	16982	performed in an emergency. (Acts 70th Leg., R.S., Ch. 916, Sec. 11.)
16983	16983	CHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6
16984	16984	SUBCHAPTER A. GENERAL PROVISIONS
16985	16985	Sec. 8274.001. DEFINITIONS
16986	16986	Sec. 8274.002. NATURE OF DISTRICT
16987	16987	Sec. 8274.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
16988	16988	Sec. 8274.004. DISTRICT TERRITORY
16989	16989	Sec. 8274.005. EXPANSION OF DISTRICT
16990	16990	Sec. 8274.006. STATE POLICY REGARDING WASTE DISPOSAL
16991	16991	Sec. 8274.007. LIBERAL CONSTRUCTION OF CHAPTER
16992	16992	[Sections 8274.008-8274.050 reserved for expansion]
16993	16993	SUBCHAPTER B. DISTRICT ADMINISTRATION
16994	16994	Sec. 8274.051. COMPOSITION OF BOARD
16995	16995	Sec. 8274.052. DIRECTOR'S BOND
16996	16996	Sec. 8274.053. ABSENCE OR INACTION OF BOARD PRESIDENT
16997	16997	Sec. 8274.054. DISTRICT OFFICE
16998	16998	[Sections 8274.055-8274.100 reserved for expansion]
16999	16999	SUBCHAPTER C. POWERS AND DUTIES
17000	17000	Sec. 8274.101. MUNICIPAL UTILITY DISTRICT POWERS
17001	17001	Sec. 8274.102. ADDITIONAL POWERS
17002	17002	Sec. 8274.103. EMINENT DOMAIN
17003	17003	Sec. 8274.104. COST OF RELOCATING OR ALTERING PROPERTY
17004	17004	Sec. 8274.105. CONTRACT FOR PURCHASE OF WATER, SEWER,
17005	17005	REQUIRED
17006	17006	Sec. 8274.106. NOTICE OF ELECTION
17007	17007	[Sections 8274.107-8274.150 reserved for expansion]
17008	17008	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
17009	17009	Sec. 8274.151. TAX METHOD
17010	17010	Sec. 8274.152. TAX TO PAY OBLIGATIONS INCURRED UNDER
17011	17011	CONTRACT FOR WATER PURCHASE
17012	17012	Sec. 8274.153. DISTRICT ACCOUNTS
17013	17013	Sec. 8274.154. FISCAL YEAR
17014	17014	Sec. 8274.155. COPY OF AUDIT REPORT
17015	17015	Sec. 8274.156. PAYMENT OF TAX OR ASSESSMENT NOT
17016	17016	REQUIRED
17017	17017	Sec. 8274.157. DEPOSITORY
17018	17018	[Sections 8274.158-8274.200 reserved for expansion]
17019	17019	SUBCHAPTER E. BONDS
17020	17020	Sec. 8274.201. AUTHORITY TO ISSUE BONDS
17021	17021	Sec. 8274.202. USE OF BOND PROCEEDS OUTSIDE DISTRICT
17022	17022	Sec. 8274.203. USE OF BOND PROCEEDS DURING
17023	17023	CONSTRUCTION
17024	17024	Sec. 8274.204. LOST OR MUTILATED BONDS
17025	17025	Sec. 8274.205. REFUNDING BONDS
17026	17026	CHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6
17027	17027	SUBCHAPTER A. GENERAL PROVISIONS
17028	17028	Sec. 8274.001. DEFINITIONS. In this chapter:
17029	17029	(1) "Board" means the board of directors of the
17030	17030	district.
17031	17031	(2) "Director" means a member of the board.
17032	17032	(3) "District" means the Harris County Utility
17033	17033	District No. 6. (Acts 61st Leg., R.S., Ch. 391, Sec. 1 (part);
17034	17034	New.)
17035	17035	Sec. 8274.002. NATURE OF DISTRICT. The district is a
17036	17036	municipal utility district and a conservation and reclamation
17037	17037	district in Harris County created under Section 59, Article XVI,
17038	17038	Texas Constitution. (Acts 61st Leg., R.S., Ch. 391, Sec. 1 (part);
17039	17039	New.)
17040	17040	Sec. 8274.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
17041	17041	The district is created to serve a public use and benefit.
17042	17042	(b) All land and other property included in the boundaries
17043	17043	of the district will benefit from the works and projects
17044	17044	accomplished by the district under the powers conferred by Section
17045	17045	59, Article XVI, Texas Constitution.
17046	17046	(c) The creation of the district is essential to accomplish
17047	17047	the purposes of Section 59, Article XVI, Texas Constitution.
17048	17048	(d) The accomplishment of the purposes stated in this
17049	17049	chapter is for the benefit of the people of this state and for the
17050	17050	improvement of their property and industries. The district in
17051	17051	carrying out the purposes of this chapter will be performing an
17052	17052	essential public function under the Texas Constitution. (Acts 61st
17053	17053	Leg., R.S., Ch. 391, Secs. 1 (part), 4, 24 (part).)
17054	17054	Sec. 8274.004. DISTRICT TERRITORY. (a) The district is
17055	17055	composed of the territory described by Section 2, Chapter 391, Acts
17056	17056	of the 61st Legislature, Regular Session, 1969, as that territory
17057	17057	may have been modified under:
17058	17058	(1) Subchapter H, Chapter 54, Water Code;
17059	17059	(2) Subchapter J, Chapter 49, Water Code;
17060	17060	(3) Section 9, Chapter 391, Acts of the 61st
17061	17061	Legislature, Regular Session, 1969; or
17062	17062	(4) other law.
17063	17063	(b) The boundaries and field notes of the district form a
17064	17064	closure. A mistake in copying the field notes in the legislative
17065	17065	process or another mistake in the field notes does not affect:
17066	17066	(1) the district's organization, existence, or
17067	17067	validity;
17068	17068	(2) the district's right to issue any type of bond for
17069	17069	a purpose for which the district is created or to pay the principal
17070	17070	of and interest on the bond;
17071	17071	(3) the district's right to impose a tax; or
17072	17072	(4) the legality or operation of the district or the
17073	17073	board. (Acts 61st Leg., R.S., Ch. 391, Sec. 3; New.)
17074	17074	Sec. 8274.005. EXPANSION OF DISTRICT. (a) If land is
17075	17075	annexed to the district under Section 49.301, Water Code, the board
17076	17076	may require the petitioners to:
17077	17077	(1) allow the assumption by the area to be annexed of
17078	17078	its pro rata share of the taxes necessary to support voted but
17079	17079	unissued tax or tax-revenue bonds of the district; and
17080	17080	(2) authorize the board to impose a tax on the
17081	17081	petitioners' property to pay for the bonds after the bonds have been
17082	17082	issued.
17083	17083	(b) If land is annexed to the district under Section 49.302,
17084	17084	Water Code, the board may submit to the voters of the area to be
17085	17085	annexed a proposition on the question of the assumption by the area
17086	17086	to be annexed of its pro rata share of the voted but not yet issued
17087	17087	or sold tax or tax-revenue bonds of the district and the imposition
17088	17088	of an ad valorem tax on taxable property in the area to be annexed
17089	17089	along with a tax in the rest of the district for the payment of the
17090	17090	bonds.
17091	17091	(c) If the petitioners consent or if the election results
17092	17092	favorably, the district may issue its voted but unissued tax or
17093	17093	tax-revenue bonds regardless of changes to district boundaries
17094	17094	since the original voting or authorization of the bonds. (Acts 61st
17095	17095	Leg., R.S., Ch. 391, Sec. 9.)
17096	17096	Sec. 8274.006. STATE POLICY REGARDING WASTE DISPOSAL. The
17097	17097	district's powers and functions are subject to the state policy of
17098	17098	encouraging the development and use of integrated area-wide waste
17099	17099	collection, treatment, and disposal systems to serve the waste
17100	17100	disposal needs of this state's residents, if integrated systems can
17101	17101	reasonably be provided for an area, so as to avoid the economic
17102	17102	burden on residents and the effect on state water quality caused by
17103	17103	the construction and operation of numerous small waste collection,
17104	17104	treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
17105	17105	391, Sec. 5.A (part).)
17106	17106	Sec. 8274.007. LIBERAL CONSTRUCTION OF CHAPTER. This
17107	17107	chapter shall be liberally construed to effect the purposes,
17108	17108	powers, rights, and functions stated in this chapter. (Acts 61st
17109	17109	Leg., R.S., Ch. 391, Sec. 25 (part).)
17110	17110	[Sections 8274.008-8274.050 reserved for expansion]
17111	17111	SUBCHAPTER B. DISTRICT ADMINISTRATION
17112	17112	Sec. 8274.051. COMPOSITION OF BOARD. The board consists of
17113	17113	five directors elected by position. (Acts 61st Leg., R.S., Ch. 391,
17114	17114	Sec. 10 (part).)
17115	17115	Sec. 8274.052. DIRECTOR'S BOND. Each director shall
17116	17116	qualify by giving bond in the amount of $5,000 for the faithful
17117	17117	performance of the director's duties. (Acts 61st Leg., R.S., Ch.
17118	17118	391, Sec. 10 (part).)
17119	17119	Sec. 8274.053. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
17120	17120	When the board president is absent or fails or declines to act, the
17121	17121	board vice president shall perform all duties and exercise all
17122	17122	power this chapter or general law gives the president.
17123	17123	(b) If the board president is absent from a board meeting:
17124	17124	(1) the board vice president may sign an order or other
17125	17125	action adopted at the meeting; or
17126	17126	(2) the board may authorize the president to sign the
17127	17127	order or other action. (Acts 61st Leg., R.S., Ch. 391, Sec. 10
17128	17128	(part).)
17129	17129	Sec. 8274.054. DISTRICT OFFICE. (a) Except as provided by
17130	17130	this section, the board shall designate, establish, and maintain a
17131	17131	district office as provided by Section 49.062, Water Code.
17132	17132	(b) The board may establish a second district office outside
17133	17133	the district. If the board establishes a second district office,
17134	17134	the board shall give notice of the location of that office by:
17135	17135	(1) filing a copy of the board resolution that
17136	17136	establishes the location of the office:
17137	17137	(A) with the Texas Commission on Environmental
17138	17138	Quality; and
17139	17139	(B) in the municipal utility district records of
17140	17140	Harris County; and
17141	17141	(2) publishing notice of the location of the office in
17142	17142	a newspaper of general circulation in Harris County.
17143	17143	(c) A district office that is a private residence, office,
17144	17144	or dwelling is a public place for matters relating to the district's
17145	17145	business.
17146	17146	(d) The board shall provide notice of any change in the
17147	17147	location of the district office outside the district in the manner
17148	17148	required by Subsection (b). (Acts 61st Leg., R.S., Ch. 391, Sec.
17149	17149	15.)
17150	17150	[Sections 8274.055-8274.100 reserved for expansion]
17151	17151	SUBCHAPTER C. POWERS AND DUTIES
17152	17152	Sec. 8274.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The
17153	17153	district has all of the rights, powers, privileges, and functions
17154	17154	conferred and imposed by the general law of this state relating to
17155	17155	municipal utility districts created under Section 59, Article XVI,
17156	17156	Texas Constitution, including those conferred by Chapters 49 and
17157	17157	54, Water Code.
17158	17158	(b) The district may exercise inside or outside the
17159	17159	district's boundaries any of the rights or powers granted by this
17160	17160	chapter or under the general law relating to municipal utility
17161	17161	districts, including the provision of water, sanitary sewerage, and
17162	17162	drainage services. (Acts 61st Leg., R.S., Ch. 391, Secs. 5.A
17163	17163	(part), 16 (part).)
17164	17164	Sec. 8274.102. ADDITIONAL POWERS. (a) The district may:
17165	17165	(1) make, purchase, construct, lease, or otherwise
17166	17166	acquire, inside or outside the district's boundaries, property,
17167	17167	works, facilities, or improvements, whether previously existing or
17168	17168	to be made, constructed, or acquired, that are necessary to carry
17169	17169	out the powers granted by this chapter or general law; or
17170	17170	(2) enter into a contract with a person on terms the
17171	17171	board considers desirable, fair, and advantageous for:
17172	17172	(A) the purchase or sale of water;
17173	17173	(B) the transportation, treatment, and disposal
17174	17174	of the domestic, industrial, or communal wastes of the district or
17175	17175	others, including the purposes provided by Chapter 30, Water Code;
17176	17176	(C) the continuing and orderly development of
17177	17177	land and property in the district through the purchase,
17178	17178	construction, or installation of facilities, works, or
17179	17179	improvements that the district is otherwise authorized to do or
17180	17180	perform so that, to the greatest extent reasonably possible,
17181	17181	considering sound engineering and economic practices, all of the
17182	17182	land and property may ultimately receive the services of the
17183	17183	facilities, works, or improvements; and
17184	17184	(D) the performance of any of the powers granted
17185	17185	by this chapter or the general law.
17186	17186	(b) A contract under Subsection (a)(2) may not have a
17187	17187	duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 391,
17188	17188	Sec. 5.B (part).)
17189	17189	Sec. 8274.103. EMINENT DOMAIN. The district may exercise
17190	17190	the power of eminent domain only:
17191	17191	(1) in a county in which the district is located; and
17192	17192	(2) when necessary to carry out the purposes for which
17193	17193	the district was created. (Acts 61st Leg., R.S., Ch. 391, Sec. 13
17194	17194	(part).)
17195	17195	Sec. 8274.104. COST OF RELOCATING OR ALTERING PROPERTY.
17196	17196	(a) In this section, "sole expense" means the actual cost of
17197	17197	relocating, raising, lowering, rerouting, changing the grade of, or
17198	17198	altering the construction of a facility described by Subsection (b)
17199	17199	in providing comparable replacement without enhancement of the
17200	17200	facility, after deducting from that cost the net salvage value of
17201	17201	the old facility.
17202	17202	(b) If the district's exercise of the power of eminent
17203	17203	domain, the power of relocation, or any other power conferred by
17204	17204	this chapter makes necessary the relocation, raising, rerouting,
17205	17205	changing the grade, or alteration of the construction of a highway,
17206	17206	a railroad, an electric transmission line, a telegraph or telephone
17207	17207	property or facility, or a pipeline, the necessary action shall be
17208	17208	accomplished at the sole expense of the district. (Acts 61st Leg.,
17209	17209	R.S., Ch. 391, Sec. 13 (part).)
17210	17210	Sec. 8274.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR
17211	17211	DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district and a
17212	17212	political subdivision may enter into a contract for water, sewer,
17213	17213	or drainage services or any combination of those services without
17214	17214	the necessity of an election by any contracting party to approve the
17215	17215	contract.
17216	17216	(b) The district may pay for an obligation incurred by such
17217	17217	a contract by issuing bonds that, if otherwise necessary, have been
17218	17218	approved by the voters in the manner provided by this chapter.
17219	17219	(c) The district may deliver the district's bonds to the
17220	17220	United States or an agency or instrumentality of the United States,
17221	17221	or this state or an agency or instrumentality of this state, that
17222	17222	entered into a contract with the district. (Acts 61st Leg., R.S.,
17223	17223	Ch. 391, Sec. 5.B (part).)
17224	17224	Sec. 8274.106. NOTICE OF ELECTION. The board president or
17225	17225	secretary may give notice of an election. (Acts 61st Leg., R.S.,
17226	17226	Ch. 391, Sec. 19.)
17227	17227	[Sections 8274.107-8274.150 reserved for expansion]
17228	17228	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
17229	17229	Sec. 8274.151. TAX METHOD. (a) The district shall use the
17230	17230	ad valorem plan of taxation.
17231	17231	(b) The board is not required to call or hold a hearing on
17232	17232	the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 391,
17233	17233	Sec. 8.)
17234	17234	Sec. 8274.152. TAX TO PAY OBLIGATIONS INCURRED UNDER
17235	17235	CONTRACT FOR WATER PURCHASE. (a) If the tax is authorized at an
17236	17236	election held for that purpose in the manner provided by Section
17237	17237	49.107, Water Code, the district may impose a tax and pledge the tax
17238	17238	for the payment of all or part of an obligation incurred under a
17239	17239	contract to purchase water.
17240	17240	(b) The election may be held in conjunction with an election
17241	17241	authorizing tax bonds or authorizing a maintenance tax. (Acts 61st
17242	17242	Leg., R.S., Ch. 391, Sec. 5.B (part).)
17243	17243	Sec. 8274.153. DISTRICT ACCOUNTS. The district shall keep
17244	17244	a complete system of the district's accounts. (Acts 61st Leg.,
17245	17245	R.S., Ch. 391, Sec. 14 (part).)
17246	17246	Sec. 8274.154. FISCAL YEAR. The fiscal year of the district
17247	17247	is from January 1 to December 31 of the same year. (Acts 61st Leg.,
17248	17248	R.S., Ch. 391, Sec. 14 (part).)
17249	17249	Sec. 8274.155. COPY OF AUDIT REPORT. A copy of the audit
17250	17250	report prepared under Subchapter G, Chapter 49, Water Code, shall
17251	17251	be delivered:
17252	17252	(1) to each director; and
17253	17253	(2) to a holder of at least 25 percent of the
17254	17254	outstanding bonds of the district, on request. (Acts 61st Leg.,
17255	17255	R.S., Ch. 391, Sec. 14 (part); New.)
17256	17256	Sec. 8274.156. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
17257	17257	The district is not required to pay a tax or assessment on:
17258	17258	(1) district property; or
17259	17259	(2) a purchase made by the district. (Acts 61st Leg.,
17260	17260	R.S., Ch. 391, Sec. 24 (part).)
17261	17261	Sec. 8274.157. DEPOSITORY. (a) The board shall select one
17262	17262	or more banks in this state to act as depository for the district's
17263	17263	money.
17264	17264	(b) To the extent that money in the depository bank is not
17265	17265	insured by the Federal Deposit Insurance Corporation, the money
17266	17266	must be secured in the manner provided by law for the security of
17267	17267	county funds.
17268	17268	(c) A director may be a shareholder in a bank that is a
17269	17269	depository of district money. (Acts 61st Leg., R.S., Ch. 391, Sec.
17270	17270	14 (part).)
17271	17271	[Sections 8274.158-8274.200 reserved for expansion]
17272	17272	SUBCHAPTER E. BONDS
17273	17273	Sec. 8274.201. AUTHORITY TO ISSUE BONDS. The district may
17274	17274	vote and issue any kind of bonds or issue refunding bonds for
17275	17275	contiguous or noncontiguous areas for any district purpose. (Acts
17276	17276	61st Leg., R.S., Ch. 391, Sec. 16 (part).)
17277	17277	Sec. 8274.202. USE OF BOND PROCEEDS OUTSIDE DISTRICT. The
17278	17278	proceeds from the sale of tax-supported district bonds may not be
17279	17279	spent outside the district unless the expenditure is absolutely
17280	17280	necessary to the operation of the district in the exercise of the
17281	17281	district's rights, powers, privileges, and functions. (Acts 61st
17282	17282	Leg., R.S., Ch. 391, Sec. 16 (part).)
17283	17283	Sec. 8274.203. USE OF BOND PROCEEDS DURING CONSTRUCTION.
17284	17284	(a) The district may appropriate or set aside out of the proceeds
17285	17285	from the sale of any bonds issued under this chapter an amount for
17286	17286	the payment of interest, administrative, and operating expenses
17287	17287	expected to accrue during a period of construction, as may be
17288	17288	provided in the bond orders or resolutions.
17289	17289	(b) For purposes of this section, the period of construction
17290	17290	may not exceed three years. (Acts 61st Leg., R.S., Ch. 391, Sec. 12
17291	17291	(part).)
17292	17292	Sec. 8274.204. LOST OR MUTILATED BONDS. A trust indenture
17293	17293	securing bonds issued under this chapter may provide for the
17294	17294	issuance of bonds to replace lost or mutilated bonds. (Acts 61st
17295	17295	Leg., R.S., Ch. 391, Sec. 12 (part).)
17296	17296	Sec. 8274.205. REFUNDING BONDS. (a) By order or resolution
17297	17297	adopted by the board, the district may issue revenue refunding
17298	17298	bonds or tax-revenue refunding bonds to refund revenue bonds or
17299	17299	tax-revenue bonds, whether original bonds or refunding bonds,
17300	17300	previously issued by the district.
17301	17301	(b) The comptroller shall register the refunding bonds on
17302	17302	the surrender and cancellation of the bonds to be refunded.
17303	17303	(c) Instead of issuing bonds to be registered on the
17304	17304	surrender and cancellation of the bonds to be refunded, the
17305	17305	district, in the order or resolution authorizing the issuance of
17306	17306	the refunding bonds, may provide for the sale of the refunding bonds
17307	17307	and the deposit of the proceeds in the place or places where the
17308	17308	bonds to be refunded are payable. In that case, the refunding bonds
17309	17309	may be issued if an amount sufficient to pay the principal of and
17310	17310	interest on the bonds to be refunded to their maturity dates, or to
17311	17311	their option dates if according to their terms the bonds have been
17312	17312	called for payment before maturity, has been deposited in the place
17313	17313	or places where the bonds to be refunded are payable, and the
17314	17314	comptroller shall register the refunding bonds without the
17315	17315	surrender and cancellation of the bonds to be refunded. (Acts 61st
17316	17316	Leg., R.S., Ch. 391, Sec. 12 (part).)
17317	17317	CHAPTER 8275. HARRIS COUNTY UTILITY DISTRICT NO. 14
17318	17318	SUBCHAPTER A. GENERAL PROVISIONS
17319	17319	Sec. 8275.001. DEFINITIONS
17320	17320	Sec. 8275.002. NATURE OF DISTRICT
17321	17321	Sec. 8275.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
17322	17322	Sec. 8275.004. DISTRICT TERRITORY
17323	17323	[Sections 8275.005-8275.050 reserved for expansion]
17324	17324	SUBCHAPTER B. BOARD OF DIRECTORS
17325	17325	Sec. 8275.051. COMPOSITION OF BOARD
17326	17326	[Sections 8275.052-8275.100 reserved for expansion]
17327	17327	SUBCHAPTER C. POWERS AND DUTIES
17328	17328	Sec. 8275.101. MUNICIPAL UTILITY DISTRICT POWERS
17329	17329	CHAPTER 8275. HARRIS COUNTY UTILITY DISTRICT NO. 14
17330	17330	SUBCHAPTER A. GENERAL PROVISIONS
17331	17331	Sec. 8275.001. DEFINITIONS. In this chapter:
17332	17332	(1) "Board" means the district's board of directors.
17333	17333	(2) "Director" means a member of the board.
17334	17334	(3) "District" means the Harris County Utility
17335	17335	District No. 14. (Acts 62nd Leg., R.S., Ch. 445, Sec. 1 (part);
17336	17336	New.)
17337	17337	Sec. 8275.002. NATURE OF DISTRICT. The district is a
17338	17338	conservation and reclamation district in Harris County created
17339	17339	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
17340	17340	R.S., Ch. 445, Sec. 1 (part).)
17341	17341	Sec. 8275.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
17342	17342	The district is created to serve a public use and benefit.
17343	17343	(b) All land and other property included in the boundaries
17344	17344	of the district will benefit from the works and projects
17345	17345	accomplished by the district under the powers conferred by Section
17346	17346	59, Article XVI, Texas Constitution.
17347	17347	(c) The creation of the district is essential to accomplish
17348	17348	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
17349	17349	62nd Leg., R.S., Ch. 445, Secs. 1 (part), 3.)
17350	17350	Sec. 8275.004. DISTRICT TERRITORY. (a) The district is
17351	17351	composed of the territory described by Section 4, Chapter 445, Acts
17352	17352	of the 62nd Legislature, Regular Session, 1971, as that territory
17353	17353	may have been modified under:
17354	17354	(1) Subchapter H, Chapter 54, Water Code;
17355	17355	(2) Subchapter J, Chapter 49, Water Code; or
17356	17356	(3) other law.
17357	17357	(b) The boundaries and field notes of the district form a
17358	17358	closure. A mistake in copying the field notes in the legislative
17359	17359	process or another mistake in the field notes does not affect:
17360	17360	(1) the district's organization, existence, or
17361	17361	validity;
17362	17362	(2) the district's right to issue any type of bond for
17363	17363	a purpose for which the district is created or to pay the principal
17364	17364	of and interest on the bond;
17365	17365	(3) the district's right to impose a tax; or
17366	17366	(4) the legality or operation of the district or its
17367	17367	governing body. (Acts 62nd Leg., R.S., Ch. 445, Sec. 2; New.)
17368	17368	[Sections 8275.005-8275.050 reserved for expansion]
17369	17369	SUBCHAPTER B. BOARD OF DIRECTORS
17370	17370	Sec. 8275.051. COMPOSITION OF BOARD. The board of
17371	17371	directors is composed of five elected directors. (Acts 62nd Leg.,
17372	17372	R.S., Ch. 445, Sec. 6 (part).)
17373	17373	[Sections 8275.052-8275.100 reserved for expansion]
17374	17374	SUBCHAPTER C. POWERS AND DUTIES
17375	17375	Sec. 8275.101. MUNICIPAL UTILITY DISTRICT POWERS. The
17376	17376	district has the rights, powers, privileges, and functions
17377	17377	conferred by general law applicable to a municipal utility
17378	17378	district, including Chapters 49 and 54, Water Code. (Acts 62nd
17379	17379	Leg., R.S., Ch. 445, Sec. 5 (part); New.)
17380	17380	CHAPTER 8276. HARRIS COUNTY UTILITY DISTRICT NO. 15
17381	17381	SUBCHAPTER A. GENERAL PROVISIONS
17382	17382	Sec. 8276.001. DEFINITIONS
17383	17383	Sec. 8276.002. NATURE OF DISTRICT
17384	17384	Sec. 8276.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
17385	17385	Sec. 8276.004. DISTRICT TERRITORY
17386	17386	[Sections 8276.005-8276.050 reserved for expansion]
17387	17387	SUBCHAPTER B. BOARD OF DIRECTORS
17388	17388	Sec. 8276.051. COMPOSITION OF BOARD
17389	17389	[Sections 8276.052-8276.100 reserved for expansion]
17390	17390	SUBCHAPTER C. POWERS AND DUTIES
17391	17391	Sec. 8276.101. MUNICIPAL UTILITY DISTRICT POWERS
17392	17392	CHAPTER 8276. HARRIS COUNTY UTILITY DISTRICT NO. 15
17393	17393	SUBCHAPTER A. GENERAL PROVISIONS
17394	17394	Sec. 8276.001. DEFINITIONS. In this chapter:
17395	17395	(1) "Board" means the district's board of directors.
17396	17396	(2) "Director" means a member of the board.
17397	17397	(3) "District" means the Harris County Utility
17398	17398	District No. 15. (Acts 62nd Leg., R.S., Ch. 642, Sec. 1 (part);
17399	17399	New.)
17400	17400	Sec. 8276.002. NATURE OF DISTRICT. The district is a
17401	17401	conservation and reclamation district in Harris County created
17402	17402	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
17403	17403	R.S., Ch. 642, Sec. 1 (part).)
17404	17404	Sec. 8276.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
17405	17405	The district is created to serve a public use and benefit.
17406	17406	(b) All land and other property included in the boundaries
17407	17407	of the district will benefit from the works and projects
17408	17408	accomplished by the district under the powers conferred by Section
17409	17409	59, Article XVI, Texas Constitution.
17410	17410	(c) The creation of the district is essential to accomplish
17411	17411	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
17412	17412	62nd Leg., R.S., Ch. 642, Secs. 1 (part), 3.)
17413	17413	Sec. 8276.004. DISTRICT TERRITORY. (a) The district is
17414	17414	composed of the territory described by Section 4, Chapter 642, Acts
17415	17415	of the 62nd Legislature, Regular Session, 1971, as that territory
17416	17416	may have been modified under:
17417	17417	(1) Subchapter H, Chapter 54, Water Code;
17418	17418	(2) Subchapter J, Chapter 49, Water Code; or
17419	17419	(3) other law.
17420	17420	(b) The boundaries and field notes of the district form a
17421	17421	closure. A mistake in copying the field notes in the legislative
17422	17422	process or another mistake in the field notes does not affect:
17423	17423	(1) the district's organization, existence, or
17424	17424	validity;
17425	17425	(2) the district's right to issue any type of bond for
17426	17426	a purpose for which the district is created or to pay the principal
17427	17427	of and interest on the bond;
17428	17428	(3) the district's right to impose a tax; or
17429	17429	(4) the legality or operation of the district or its
17430	17430	governing body. (Acts 62nd Leg., R.S., Ch. 642, Sec. 2; New.)
17431	17431	[Sections 8276.005-8276.050 reserved for expansion]
17432	17432	SUBCHAPTER B. BOARD OF DIRECTORS
17433	17433	Sec. 8276.051. COMPOSITION OF BOARD. The board of
17434	17434	directors is composed of five elected directors. (Acts 62nd Leg.,
17435	17435	R.S., Ch. 642, Sec. 6 (part).)
17436	17436	[Sections 8276.052-8276.100 reserved for expansion]
17437	17437	SUBCHAPTER C. POWERS AND DUTIES
17438	17438	Sec. 8276.101. MUNICIPAL UTILITY DISTRICT POWERS. The
17439	17439	district has the rights, powers, privileges, and functions
17440	17440	conferred by general law applicable to a municipal utility
17441	17441	district, including Chapters 49 and 54, Water Code. (Acts 62nd
17442	17442	Leg., R.S., Ch. 642, Sec. 5 (part); New.)
17443	17443	CHAPTER 8277. HARRIS COUNTY UTILITY DISTRICT NO. 16
17444	17444	SUBCHAPTER A. GENERAL PROVISIONS
17445	17445	Sec. 8277.001. DEFINITIONS
17446	17446	Sec. 8277.002. NATURE OF DISTRICT
17447	17447	Sec. 8277.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
17448	17448	Sec. 8277.004. DISTRICT TERRITORY
17449	17449	[Sections 8277.005-8277.050 reserved for expansion]
17450	17450	SUBCHAPTER B. BOARD OF DIRECTORS
17451	17451	Sec. 8277.051. COMPOSITION OF BOARD
17452	17452	[Sections 8277.052-8277.100 reserved for expansion]
17453	17453	SUBCHAPTER C. POWERS AND DUTIES
17454	17454	Sec. 8277.101. MUNICIPAL UTILITY DISTRICT POWERS
17455	17455	CHAPTER 8277. HARRIS COUNTY UTILITY DISTRICT NO. 16
17456	17456	SUBCHAPTER A. GENERAL PROVISIONS
17457	17457	Sec. 8277.001. DEFINITIONS. In this chapter:
17458	17458	(1) "Board" means the district's board of directors.
17459	17459	(2) "Director" means a member of the board.
17460	17460	(3) "District" means the Harris County Utility
17461	17461	District No. 16. (Acts 62nd Leg., R.S., Ch. 437, Sec. 1 (part);
17462	17462	New.)
17463	17463	Sec. 8277.002. NATURE OF DISTRICT. The district is a
17464	17464	conservation and reclamation district in Harris County created
17465	17465	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
17466	17466	R.S., Ch. 437, Sec. 1 (part).)
17467	17467	Sec. 8277.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
17468	17468	The district is created to serve a public use and benefit.
17469	17469	(b) All land and other property included in the boundaries
17470	17470	of the district will benefit from the works and projects
17471	17471	accomplished by the district under the powers conferred by Section
17472	17472	59, Article XVI, Texas Constitution.
17473	17473	(c) The creation of the district is essential to accomplish
17474	17474	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
17475	17475	62nd Leg., R.S., Ch. 437, Secs. 1 (part), 3.)
17476	17476	Sec. 8277.004. DISTRICT TERRITORY. (a) The district is
17477	17477	composed of the territory described by Section 4, Chapter 437, Acts
17478	17478	of the 62nd Legislature, Regular Session, 1971, as that territory
17479	17479	may have been modified under:
17480	17480	(1) Subchapter H, Chapter 54, Water Code;
17481	17481	(2) Subchapter J, Chapter 49, Water Code; or
17482	17482	(3) other law.
17483	17483	(b) The boundaries and field notes of the district form a
17484	17484	closure. A mistake in copying the field notes in the legislative
17485	17485	process or another mistake in the field notes does not affect:
17486	17486	(1) the district's organization, existence, or
17487	17487	validity;
17488	17488	(2) the district's right to issue any type of bond for
17489	17489	a purpose for which the district is created or to pay the principal
17490	17490	of and interest on the bond;
17491	17491	(3) the district's right to impose a tax; or
17492	17492	(4) the legality or operation of the district or its
17493	17493	governing body. (Acts 62nd Leg., R.S., Ch. 437, Sec. 2; New.)
17494	17494	[Sections 8277.005-8277.050 reserved for expansion]
17495	17495	SUBCHAPTER B. BOARD OF DIRECTORS
17496	17496	Sec. 8277.051. COMPOSITION OF BOARD. The board of
17497	17497	directors is composed of five elected directors. (Acts 62nd Leg.,
17498	17498	R.S., Ch. 437, Sec. 6 (part).)
17499	17499	[Sections 8277.052-8277.100 reserved for expansion]
17500	17500	SUBCHAPTER C. POWERS AND DUTIES
17501	17501	Sec. 8277.101. MUNICIPAL UTILITY DISTRICT POWERS. The
17502	17502	district has the rights, powers, privileges, and functions
17503	17503	conferred by general law applicable to a municipal utility
17504	17504	district, including Chapters 49 and 54, Water Code. (Acts 62nd
17505	17505	Leg., R.S., Ch. 437, Sec. 5 (part); New.)
17506	17506	CHAPTER 8278. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 132 OF HARRIS COUNTY, TEXAS
17507	17507	NO. 132 OF HARRIS COUNTY, TEXAS
17508	17508	SUBCHAPTER A. GENERAL PROVISIONS
17509	17509	Sec. 8278.001. DEFINITIONS
17510	17510	Sec. 8278.002. NATURE OF DISTRICT
17511	17511	Sec. 8278.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
17512	17512	Sec. 8278.004. DISTRICT TERRITORY
17513	17513	Sec. 8278.005. EXPANSION OF DISTRICT
17514	17514	Sec. 8278.006. STATE POLICY REGARDING WASTE DISPOSAL
17515	17515	[Sections 8278.007-8278.050 reserved for expansion]
17516	17516	SUBCHAPTER B. DISTRICT ADMINISTRATION
17517	17517	Sec. 8278.051. COMPOSITION OF BOARD
17518	17518	Sec. 8278.052. APPOINTMENT OF TREASURER
17519	17519	Sec. 8278.053. DIRECTOR'S AND TREASURER'S BONDS
17520	17520	Sec. 8278.054. ABSENCE OR INACTION OF BOARD PRESIDENT
17521	17521	Sec. 8278.055. DISTRICT OFFICE
17522	17522	[Sections 8278.056-8278.100 reserved for expansion]
17523	17523	SUBCHAPTER C. POWERS AND DUTIES
17524	17524	Sec. 8278.101. MUNICIPAL UTILITY DISTRICT POWERS
17525	17525	Sec. 8278.102. ADDITIONAL POWERS
17526	17526	Sec. 8278.103. EMINENT DOMAIN
17527	17527	Sec. 8278.104. COST OF RELOCATING OR ALTERING PROPERTY
17528	17528	Sec. 8278.105. NOTICE OF ELECTION
17529	17529	[Sections 8278.106-8278.150 reserved for expansion]
17530	17530	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
17531	17531	Sec. 8278.151. TAX METHOD
17532	17532	Sec. 8278.152. DISTRICT ACCOUNTS
17533	17533	Sec. 8278.153. FISCAL YEAR
17534	17534	Sec. 8278.154. COPY OF AUDIT REPORT
17535	17535	Sec. 8278.155. PAYMENT OF TAX OR ASSESSMENT NOT
17536	17536	REQUIRED
17537	17537	Sec. 8278.156. DEPOSITORY
17538	17538	[Sections 8278.157-8278.200 reserved for expansion]
17539	17539	SUBCHAPTER E. BONDS
17540	17540	Sec. 8278.201. AUTHORITY TO ISSUE BONDS
17541	17541	Sec. 8278.202. LOST OR MUTILATED BONDS
17542	17542	Sec. 8278.203. USE OF BOND PROCEEDS DURING
17543	17543	CONSTRUCTION
17544	17544	Sec. 8278.204. REFUNDING BONDS
17545	17545	CHAPTER 8278. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
17546	17546	NO. 132 OF HARRIS COUNTY, TEXAS
17547	17547	SUBCHAPTER A. GENERAL PROVISIONS
17548	17548	Sec. 8278.001. DEFINITIONS. In this chapter:
17549	17549	(1) "Board" means the board of directors of the
17550	17550	district.
17551	17551	(2) "Director" means a member of the board.
17552	17552	(3) "District" means the Harris County Water Control
17553	17553	and Improvement District No. 132 of Harris County, Texas. (Acts
17554	17554	61st Leg., R.S., Ch. 144, Sec. 1 (part); New.)
17555	17555	Sec. 8278.002. NATURE OF DISTRICT. The district is a
17556	17556	municipal utility district and a conservation and reclamation
17557	17557	district in Harris County created under Section 59, Article XVI,
17558	17558	Texas Constitution. (Acts 61st Leg., R.S., Ch. 144, Sec. 1 (part);
17559	17559	New.)
17560	17560	Sec. 8278.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
17561	17561	The district is created to serve a public use and benefit.
17562	17562	(b) All land and other property included in the boundaries
17563	17563	of the district will benefit from the works and projects
17564	17564	accomplished by the district under the powers conferred by Section
17565	17565	59, Article XVI, Texas Constitution.
17566	17566	(c) The creation of the district is essential to accomplish
17567	17567	the purposes of Section 59, Article XVI, Texas Constitution.
17568	17568	(d) The accomplishment of the purposes stated in this
17569	17569	chapter is for the benefit of the people of this state and for the
17570	17570	improvement of their property and industries. The district in
17571	17571	carrying out the purposes of this chapter will be performing an
17572	17572	essential public function under the Texas Constitution. (Acts 61st
17573	17573	Leg., R.S., Ch. 144, Secs. 1 (part), 4, 22 (part).)
17574	17574	Sec. 8278.004. DISTRICT TERRITORY. (a) The district is
17575	17575	composed of the territory described by Section 2, Chapter 144, Acts
17576	17576	of the 61st Legislature, Regular Session, 1969, as that territory
17577	17577	may have been modified under:
17578	17578	(1) Subchapter H, Chapter 54, Water Code;
17579	17579	(2) Subchapter J, Chapter 49, Water Code;
17580	17580	(3) Section 9, Chapter 144, Acts of the 61st
17581	17581	Legislature, Regular Session, 1969; or
17582	17582	(4) other law.
17583	17583	(b) The boundaries and field notes of the district form a
17584	17584	closure. A mistake in copying the field notes in the legislative
17585	17585	process or another mistake in the field notes does not affect:
17586	17586	(1) the district's organization, existence, or
17587	17587	validity;
17588	17588	(2) the district's right to issue any type of bond for
17589	17589	a purpose for which the district is created or to pay the principal
17590	17590	of and interest on the bond;
17591	17591	(3) the district's right to impose a tax; or
17592	17592	(4) the legality or operation of the district or the
17593	17593	board. (Acts 61st Leg., R.S., Ch. 144, Sec. 3; New.)
17594	17594	Sec. 8278.005. EXPANSION OF DISTRICT. (a) If land is
17595	17595	annexed to the district under Section 49.301, Water Code, the board
17596	17596	may require the petitioners to:
17597	17597	(1) assume the petitioners' pro rata share of the voted
17598	17598	but unissued bonds of the district; and
17599	17599	(2) authorize the board to impose a tax on the
17600	17600	petitioners' property to pay for the bonds after the bonds have been
17601	17601	issued.
17602	17602	(b) If land is annexed to the district under Section 49.302,
17603	17603	Water Code, the board may submit to the voters of the area to be
17604	17604	annexed a proposition on the question of the assumption by the area
17605	17605	to be annexed of its part of the voted but not yet issued or sold tax
17606	17606	or tax-revenue bonds of the district and the imposition of an ad
17607	17607	valorem tax on taxable property in the area to be annexed along with
17608	17608	a tax in the rest of the district for the payment of the bonds.
17609	17609	(c) If the petitioners consent or if the election results
17610	17610	favorably, the district may issue its voted but unissued tax or
17611	17611	tax-revenue bonds regardless of changes to district boundaries
17612	17612	since the original voting or authorization of the bonds. (Acts 61st
17613	17613	Leg., R.S., Ch. 144, Sec. 9.)
17614	17614	Sec. 8278.006. STATE POLICY REGARDING WASTE DISPOSAL. The
17615	17615	district's powers and duties are subject to the state policy of
17616	17616	encouraging the development and use of integrated area-wide waste
17617	17617	collection, treatment, and disposal systems to serve the waste
17618	17618	disposal needs of this state's residents, if integrated systems can
17619	17619	reasonably be provided for an area, so as to avoid the economic
17620	17620	burden on residents and the effect on state water quality caused by
17621	17621	the construction and operation of numerous small waste collection,
17622	17622	treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
17623	17623	144, Sec. 5 (part).)
17624	17624	[Sections 8278.007-8278.050 reserved for expansion]
17625	17625	SUBCHAPTER B. DISTRICT ADMINISTRATION
17626	17626	Sec. 8278.051. COMPOSITION OF BOARD. The board consists of
17627	17627	five elected directors. (Acts 61st Leg., R.S., Ch. 144, Sec. 10
17628	17628	(part).)
17629	17629	Sec. 8278.052. APPOINTMENT OF TREASURER. The board may
17630	17630	appoint the treasurer. (Acts 61st Leg., R.S., Ch. 144, Sec. 10
17631	17631	(part).)
17632	17632	Sec. 8278.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
17633	17633	director shall qualify by giving bond in the amount of $5,000 for
17634	17634	the faithful performance of the director's duties.
17635	17635	(b) The treasurer shall give bond in the amount required by
17636	17636	the board. The treasurer's bond shall be conditioned on the
17637	17637	treasurer's faithful accounting for all money that comes into the
17638	17638	treasurer's custody as treasurer of the district. (Acts 61st Leg.,
17639	17639	R.S., Ch. 144, Sec. 10 (part).)
17640	17640	Sec. 8278.054. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
17641	17641	When the board president is absent or fails or declines to act, the
17642	17642	board vice president shall perform all duties and exercise all
17643	17643	power this chapter or general law gives the president.
17644	17644	(b) If the board president is absent from a board meeting:
17645	17645	(1) the board vice president may sign an order or other
17646	17646	action adopted at the meeting; or
17647	17647	(2) the board may authorize the president to sign the
17648	17648	order or other action. (Acts 61st Leg., R.S., Ch. 144, Sec. 10
17649	17649	(part).)
17650	17650	Sec. 8278.055. DISTRICT OFFICE. (a) Except as provided by
17651	17651	this section, the board shall designate, establish, and maintain a
17652	17652	district office as provided by Section 49.062, Water Code.
17653	17653	(b) The board may establish a second district office outside
17654	17654	the district. If the board establishes a second district office,
17655	17655	the board shall give notice of the location of that office by:
17656	17656	(1) filing a copy of the board resolution that
17657	17657	establishes the location of the office:
17658	17658	(A) with the Texas Commission on Environmental
17659	17659	Quality; and
17660	17660	(B) in the municipal utility district records of
17661	17661	the county in which the district is located; and
17662	17662	(2) publishing notice of the location of the office in
17663	17663	a newspaper of general circulation in the county in which the
17664	17664	district is located.
17665	17665	(c) A district office that is a private residence, office,
17666	17666	or dwelling is a public place for matters relating to the district's
17667	17667	business.
17668	17668	(d) The board shall provide notice of any change in the
17669	17669	location of the district office outside the district in the manner
17670	17670	required by Subsection (b). (Acts 61st Leg., R.S., Ch. 144, Sec.
17671	17671	15.)
17672	17672	[Sections 8278.056-8278.100 reserved for expansion]
17673	17673	SUBCHAPTER C. POWERS AND DUTIES
17674	17674	Sec. 8278.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The
17675	17675	district has all of the rights, powers, privileges, and functions
17676	17676	conferred and imposed by the general law of this state relating to
17677	17677	municipal utility districts created under Section 59, Article XVI,
17678	17678	Texas Constitution, including those conferred by Chapters 49 and
17679	17679	54, Water Code.
17680	17680	(b) The district may exercise inside or outside the
17681	17681	district's boundaries any of the rights or powers granted by this
17682	17682	chapter or under the general law relating to municipal utility
17683	17683	districts, including the provision of water or sewerage service.
17684	17684	(Acts 61st Leg., R.S., Ch. 144, Secs. 5 (part), 16 (part).)
17685	17685	Sec. 8278.102. ADDITIONAL POWERS. (a) The district may:
17686	17686	(1) make, purchase, construct, lease, or otherwise
17687	17687	acquire property, works, facilities, existing improvements, or
17688	17688	improvements to be made, constructed, or acquired that are:
17689	17689	(A) inside or outside the district's boundaries;
17690	17690	and
17691	17691	(B) necessary or useful to carry out the powers
17692	17692	granted by this chapter or general law; or
17693	17693	(2) enter into a contract with a person on terms the
17694	17694	board considers desirable, fair, and advantageous for:
17695	17695	(A) the purchase or sale of water;
17696	17696	(B) the transportation, treatment, and disposal
17697	17697	of the domestic, industrial, or communal wastes of the district or
17698	17698	others;
17699	17699	(C) the continuing and orderly development of
17700	17700	land and property in the district through the purchase,
17701	17701	construction, or installation of facilities, works, or
17702	17702	improvements that the district is otherwise authorized to do or
17703	17703	perform so that, to the greatest extent reasonably possible,
17704	17704	considering sound engineering and economic practices, all of the
17705	17705	land and property may ultimately receive the services of the
17706	17706	facilities, works, or improvements; and
17707	17707	(D) the performance of any of the powers granted
17708	17708	by this chapter or the general law relating to municipal utility
17709	17709	districts.
17710	17710	(b) A contract under Subsection (a)(2) may not have a
17711	17711	duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 144,
17712	17712	Sec. 5 (part).)
17713	17713	Sec. 8278.103. EMINENT DOMAIN. The district may exercise
17714	17714	the power of eminent domain only in the county in which the district
17715	17715	is located. (Acts 61st Leg., R.S., Ch. 144, Sec. 13 (part).)
17716	17716	Sec. 8278.104. COST OF RELOCATING OR ALTERING PROPERTY.
17717	17717	(a) In this section, "sole expense" means the actual cost of
17718	17718	relocating, raising, lowering, rerouting, changing the grade of, or
17719	17719	altering the construction of a facility described by Subsection (b)
17720	17720	in providing comparable replacement without enhancement of the
17721	17721	facility, after deducting from that cost the net salvage value of
17722	17722	the old facility.
17723	17723	(b) If the district's exercise of the power of eminent
17724	17724	domain makes necessary the relocation, raising, lowering,
17725	17725	rerouting, changing the grade, or alteration of the construction of
17726	17726	a highway, a railroad, an electric transmission line, a telegraph
17727	17727	or telephone property or facility, or a pipeline, the necessary
17728	17728	action shall be accomplished at the sole expense of the district.
17729	17729	(Acts 61st Leg., R.S., Ch. 144, Sec. 13 (part).)
17730	17730	Sec. 8278.105. NOTICE OF ELECTION. The board president or
17731	17731	secretary may give notice of an election. (Acts 61st Leg., R.S.,
17732	17732	Ch. 144, Sec. 19 (part).)
17733	17733	[Sections 8278.106-8278.150 reserved for expansion]
17734	17734	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
17735	17735	Sec. 8278.151. TAX METHOD. (a) The district shall use the
17736	17736	ad valorem plan of taxation.
17737	17737	(b) The board is not required to call or hold a hearing on
17738	17738	the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 144,
17739	17739	Sec. 8.)
17740	17740	Sec. 8278.152. DISTRICT ACCOUNTS. The district shall keep
17741	17741	a complete system of the district's accounts. (Acts 61st Leg.,
17742	17742	R.S., Ch. 144, Sec. 14 (part).)
17743	17743	Sec. 8278.153. FISCAL YEAR. The fiscal year of the district
17744	17744	is from January 1 to December 31 of the same year. (Acts 61st Leg.,
17745	17745	R.S., Ch. 144, Sec. 14 (part).)
17746	17746	Sec. 8278.154. COPY OF AUDIT REPORT. A copy of the audit
17747	17747	report prepared under Subchapter G, Chapter 49, Water Code, shall
17748	17748	be delivered:
17749	17749	(1) to each director; and
17750	17750	(2) to a holder of at least 25 percent of the
17751	17751	outstanding bonds of the district, on request. (Acts 61st Leg.,
17752	17752	R.S., Ch. 144, Sec. 14 (part); New.)
17753	17753	Sec. 8278.155. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
17754	17754	The district is not required to pay a tax or assessment on:
17755	17755	(1) district property; or
17756	17756	(2) a purchase made by the district. (Acts 61st Leg.,
17757	17757	R.S., Ch. 144, Sec. 22 (part).)
17758	17758	Sec. 8278.156. DEPOSITORY. (a) The board shall select one
17759	17759	or more banks in this state to act as depository for the district's
17760	17760	money.
17761	17761	(b) To the extent that money in the depository bank is not
17762	17762	insured by the Federal Deposit Insurance Corporation, the money
17763	17763	must be secured in the manner provided by law for the security of
17764	17764	county funds.
17765	17765	(c) A director may be a shareholder in a bank that is a
17766	17766	depository of district money. (Acts 61st Leg., R.S., Ch. 144, Sec.
17767	17767	14 (part).)
17768	17768	[Sections 8278.157-8278.200 reserved for expansion]
17769	17769	SUBCHAPTER E. BONDS
17770	17770	Sec. 8278.201. AUTHORITY TO ISSUE BONDS. The district may
17771	17771	issue bonds to provide water and sewer service to areas inside or
17772	17772	outside the boundaries of the district, regardless of whether the
17773	17773	areas are contiguous or noncontiguous. (Acts 61st Leg., R.S., Ch.
17774	17774	144, Sec. 16 (part).)
17775	17775	Sec. 8278.202. LOST OR MUTILATED BONDS. A trust indenture
17776	17776	securing bonds issued under this chapter may provide for the
17777	17777	issuance of bonds to replace lost or mutilated bonds. (Acts 61st
17778	17778	Leg., R.S., Ch. 144, Sec. 12 (part).)
17779	17779	Sec. 8278.203. USE OF BOND PROCEEDS DURING CONSTRUCTION.
17780	17780	(a) The district may appropriate or set aside out of the proceeds
17781	17781	from the sale of any bonds issued under this chapter an amount for
17782	17782	the payment of interest, administrative, and operating expenses
17783	17783	expected to accrue during a period of construction, as may be
17784	17784	provided in the bond orders or resolutions.
17785	17785	(b) For purposes of this section, the period of construction
17786	17786	may not exceed three years. (Acts 61st Leg., R.S., Ch. 144, Sec. 12
17787	17787	(part).)
17788	17788	Sec. 8278.204. REFUNDING BONDS. (a) By order or resolution
17789	17789	adopted by the board, the district may issue tax or revenue
17790	17790	refunding bonds or tax-revenue refunding bonds to refund revenue
17791	17791	bonds or tax-revenue bonds, whether original bonds or refunding
17792	17792	bonds, previously issued by the district.
17793	17793	(b) The comptroller shall register the refunding bonds on
17794	17794	the surrender and cancellation of the bonds to be refunded.
17795	17795	(c) Instead of issuing bonds to be registered on the
17796	17796	surrender and cancellation of the bonds to be refunded, the
17797	17797	district, in the order or resolution authorizing the issuance of
17798	17798	the refunding bonds, may provide for the sale of the refunding bonds
17799	17799	and the deposit of the proceeds in the place or places where the
17800	17800	bonds to be refunded are payable. In that case, the refunding bonds
17801	17801	may be issued if an amount sufficient to pay the principal of and
17802	17802	interest on the bonds to be refunded to their maturity dates, or to
17803	17803	their option dates if according to their terms the bonds have been
17804	17804	called for payment before maturity, has been deposited in the place
17805	17805	or places where the bonds to be refunded are payable, and the
17806	17806	comptroller shall register the refunding bonds without the
17807	17807	surrender and cancellation of the bonds to be refunded. (Acts 61st
17808	17808	Leg., R.S., Ch. 144, Sec. 12 (part).)
17809	17809	CHAPTER 8279. HORSEPEN BAYOU MUNICIPAL UTILITY DISTRICT OF
17810	17810	HARRIS COUNTY, TEXAS
17811	17811	SUBCHAPTER A. GENERAL PROVISIONS
17812	17812	Sec. 8279.001. DEFINITIONS
17813	17813	Sec. 8279.002. NATURE OF DISTRICT
17814	17814	Sec. 8279.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
17815	17815	Sec. 8279.004. DISTRICT TERRITORY
17816	17816	Sec. 8279.005. EXPANSION OF DISTRICT
17817	17817	Sec. 8279.006. STATE POLICY REGARDING WASTE DISPOSAL
17818	17818	[Sections 8279.007-8279.050 reserved for expansion]
17819	17819	SUBCHAPTER B. DISTRICT ADMINISTRATION
17820	17820	Sec. 8279.051. COMPOSITION OF BOARD
17821	17821	Sec. 8279.052. APPOINTMENT OF TREASURER
17822	17822	Sec. 8279.053. DIRECTOR'S AND TREASURER'S BONDS
17823	17823	Sec. 8279.054. ABSENCE OR INACTION OF BOARD PRESIDENT
17824	17824	Sec. 8279.055. DISTRICT OFFICE
17825	17825	[Sections 8279.056-8279.100 reserved for expansion]
17826	17826	SUBCHAPTER C. POWERS AND DUTIES
17827	17827	Sec. 8279.101. MUNICIPAL UTILITY DISTRICT POWERS
17828	17828	Sec. 8279.102. ADDITIONAL POWERS
17829	17829	Sec. 8279.103. EMINENT DOMAIN
17830	17830	Sec. 8279.104. COST OF RELOCATING OR ALTERING PROPERTY
17831	17831	Sec. 8279.105. NOTICE OF ELECTION
17832	17832	[Sections 8279.106-8279.150 reserved for expansion]
17833	17833	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
17834	17834	Sec. 8279.151. TAX METHOD
17835	17835	Sec. 8279.152. DISTRICT ACCOUNTS
17836	17836	Sec. 8279.153. COPY OF AUDIT REPORT
17837	17837	Sec. 8279.154. PAYMENT OF TAX OR ASSESSMENT NOT
17838	17838	REQUIRED
17839	17839	Sec. 8279.155. DEPOSITORY
17840	17840	[Sections 8279.156-8279.200 reserved for expansion]
17841	17841	SUBCHAPTER E. BONDS
17842	17842	Sec. 8279.201. AUTHORITY TO ISSUE BONDS
17843	17843	Sec. 8279.202. LOST OR MUTILATED BONDS
17844	17844	Sec. 8279.203. USE OF BOND PROCEEDS DURING
17845	17845	CONSTRUCTION
17846	17846	Sec. 8279.204. REFUNDING BONDS
17847	17847	CHAPTER 8279. HORSEPEN BAYOU MUNICIPAL UTILITY DISTRICT OF
17848	17848	HARRIS COUNTY, TEXAS
17849	17849	SUBCHAPTER A. GENERAL PROVISIONS
17850	17850	Sec. 8279.001. DEFINITIONS. In this chapter:
17851	17851	(1) "Board" means the board of directors of the
17852	17852	district.
17853	17853	(2) "Director" means a member of the board.
17854	17854	(3) "District" means the Horsepen Bayou Municipal
17855	17855	Utility District of Harris County, Texas. (Acts 61st Leg., R.S.,
17856	17856	Ch. 838, Sec. 1 (part); New.)
17857	17857	Sec. 8279.002. NATURE OF DISTRICT. The district is a
17858	17858	municipal utility district and a conservation and reclamation
17859	17859	district in Harris County created under Section 59, Article XVI,
17860	17860	Texas Constitution. (Acts 61st Leg., R.S., Ch. 838, Sec. 1 (part);
17861	17861	New.)
17862	17862	Sec. 8279.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
17863	17863	The district is created to serve a public use and benefit.
17864	17864	(b) All land and other property included in the boundaries
17865	17865	of the district will benefit from the works and projects
17866	17866	accomplished by the district under the powers conferred by Section
17867	17867	59, Article XVI, Texas Constitution.
17868	17868	(c) The creation of the district is essential to accomplish
17869	17869	the purposes of Section 59, Article XVI, Texas Constitution.
17870	17870	(d) The accomplishment of the purposes stated in this
17871	17871	chapter is for the benefit of the people of this state and for the
17872	17872	improvement of their property and industries. The district in
17873	17873	carrying out the purposes of this chapter will be performing an
17874	17874	essential public function under the Texas Constitution. (Acts 61st
17875	17875	Leg., R.S., Ch. 838, Secs. 1 (part), 4, 22 (part).)
17876	17876	Sec. 8279.004. DISTRICT TERRITORY. (a) The district is
17877	17877	composed of the territory described by Section 2, Chapter 838, Acts
17878	17878	of the 61st Legislature, Regular Session, 1969, as that territory
17879	17879	may have been modified under:
17880	17880	(1) Subchapter H, Chapter 54, Water Code;
17881	17881	(2) Subchapter J, Chapter 49, Water Code;
17882	17882	(3) Section 9, Chapter 838, Acts of the 61st
17883	17883	Legislature, Regular Session, 1969; or
17884	17884	(4) other law.
17885	17885	(b) The boundaries and field notes of the district form a
17886	17886	closure. A mistake in copying the field notes in the legislative
17887	17887	process or another mistake in the field notes does not affect:
17888	17888	(1) the district's organization, existence, or
17889	17889	validity;
17890	17890	(2) the district's right to issue any type of bond for
17891	17891	a purpose for which the district is created or to pay the principal
17892	17892	of and interest on the bond;
17893	17893	(3) the district's right to impose a tax; or
17894	17894	(4) the legality or operation of the district or the
17895	17895	board. (Acts 61st Leg., R.S., Ch. 838, Sec. 3; New.)
17896	17896	Sec. 8279.005. EXPANSION OF DISTRICT. (a) If land is
17897	17897	annexed to the district under Section 49.301, Water Code, the board
17898	17898	may require the petitioners to:
17899	17899	(1) assume the petitioners' pro rata share of the voted
17900	17900	but unissued bonds of the district; and
17901	17901	(2) authorize the board to impose a tax on the
17902	17902	petitioners' property to pay for the bonds after the bonds have been
17903	17903	issued.
17904	17904	(b) If land is annexed to the district under Section 49.302,
17905	17905	Water Code, the board may submit to the voters of the area to be
17906	17906	annexed a proposition on the question of the assumption by the area
17907	17907	to be annexed of its part of the voted but not yet issued or sold tax
17908	17908	or tax-revenue bonds of the district and the imposition of an ad
17909	17909	valorem tax on taxable property in the area to be annexed along with
17910	17910	a tax in the rest of the district for the payment of the bonds.
17911	17911	(c) If the petitioners consent or if the election results
17912	17912	favorably, the district may issue its voted but unissued tax or
17913	17913	tax-revenue bonds regardless of changes to district boundaries
17914	17914	since the original voting or authorization of the bonds. (Acts 61st
17915	17915	Leg., R.S., Ch. 838, Sec. 9.)
17916	17916	Sec. 8279.006. STATE POLICY REGARDING WASTE DISPOSAL. The
17917	17917	district's powers and duties are subject to the state policy of
17918	17918	encouraging the development and use of integrated area-wide waste
17919	17919	collection, treatment, and disposal systems to serve the waste
17920	17920	disposal needs of this state's residents, if integrated systems can
17921	17921	reasonably be provided for an area, so as to avoid the economic
17922	17922	burden on residents and the effect on state water quality caused by
17923	17923	the construction and operation of numerous small waste collection,
17924	17924	treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
17925	17925	838, Sec. 5 (part).)
17926	17926	[Sections 8279.007-8279.050 reserved for expansion]
17927	17927	SUBCHAPTER B. DISTRICT ADMINISTRATION
17928	17928	Sec. 8279.051. COMPOSITION OF BOARD. The board consists of
17929	17929	five elected directors. (Acts 61st Leg., R.S., Ch. 838, Sec. 10
17930	17930	(part).)
17931	17931	Sec. 8279.052. APPOINTMENT OF TREASURER. The board may
17932	17932	appoint the treasurer. (Acts 61st Leg., R.S., Ch. 838, Sec. 10
17933	17933	(part).)
17934	17934	Sec. 8279.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
17935	17935	director shall qualify by giving bond in the amount of $5,000 for
17936	17936	the faithful performance of the director's duties.
17937	17937	(b) The treasurer shall give bond in the amount required by
17938	17938	the board. The treasurer's bond shall be conditioned on the
17939	17939	treasurer's faithful accounting for all money that comes into the
17940	17940	treasurer's custody as treasurer of the district. (Acts 61st Leg.,
17941	17941	R.S., Ch. 838, Sec. 10 (part).)
17942	17942	Sec. 8279.054. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
17943	17943	When the board president is absent or fails or declines to act, the
17944	17944	board vice president shall perform all duties and exercise all
17945	17945	power this chapter or general law gives the president.
17946	17946	(b) If the board president is absent from a board meeting:
17947	17947	(1) the board vice president may sign an order or other
17948	17948	action adopted at the meeting; or
17949	17949	(2) the board may authorize the president to sign the
17950	17950	order or other action. (Acts 61st Leg., R.S., Ch. 838, Sec. 10
17951	17951	(part).)
17952	17952	Sec. 8279.055. DISTRICT OFFICE. (a) Except as provided by
17953	17953	this section, the board shall designate, establish, and maintain a
17954	17954	district office as provided by Section 49.062, Water Code.
17955	17955	(b) The board may establish a second district office outside
17956	17956	the district. If the board establishes a second district office,
17957	17957	the board shall give notice of the location of that office by:
17958	17958	(1) filing a copy of the board resolution that
17959	17959	establishes the location of the office:
17960	17960	(A) with the Texas Commission on Environmental
17961	17961	Quality; and
17962	17962	(B) in the municipal utility district records of
17963	17963	the county in which the district is located; and
17964	17964	(2) publishing notice of the location of the office in
17965	17965	a newspaper of general circulation in the county in which the
17966	17966	district is located.
17967	17967	(c) A district office that is a private residence, office,
17968	17968	or dwelling is a public place for matters relating to the district's
17969	17969	business.
17970	17970	(d) The board shall provide notice of any change in the
17971	17971	location of the district office outside the district in the manner
17972	17972	required by Subsection (b). (Acts 61st Leg., R.S., Ch. 838, Sec.
17973	17973	15.)
17974	17974	[Sections 8279.056-8279.100 reserved for expansion]
17975	17975	SUBCHAPTER C. POWERS AND DUTIES
17976	17976	Sec. 8279.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The
17977	17977	district has all of the rights, powers, privileges, and functions
17978	17978	conferred and imposed by the general law of this state relating to
17979	17979	municipal utility districts created under Section 59, Article XVI,
17980	17980	Texas Constitution, including those conferred by Chapters 49 and
17981	17981	54, Water Code.
17982	17982	(b) The district may exercise inside or outside the
17983	17983	district's boundaries any of the rights or powers granted by this
17984	17984	chapter or under the general law relating to municipal utility
17985	17985	districts, including the provision of water or sewerage service.
17986	17986	(Acts 61st Leg., R.S., Ch. 838, Secs. 5 (part), 16 (part).)
17987	17987	Sec. 8279.102. ADDITIONAL POWERS. (a) The district may:
17988	17988	(1) make, purchase, construct, lease, or otherwise
17989	17989	acquire property, works, facilities, existing improvements, or
17990	17990	improvements to be made, constructed, or acquired that are:
17991	17991	(A) inside or outside the district's boundaries;
17992	17992	and
17993	17993	(B) necessary to carry out the powers granted by
17994	17994	this chapter or general law; or
17995	17995	(2) enter into a contract with a person on terms the
17996	17996	board considers desirable, fair, and advantageous for:
17997	17997	(A) the purchase or sale of water;
17998	17998	(B) the transportation, treatment, and disposal
17999	17999	of the domestic, industrial, or communal wastes of the district or
18000	18000	others;
18001	18001	(C) the continuing and orderly development of
18002	18002	land and property in the district through the purchase,
18003	18003	construction, or installation of facilities, works, or
18004	18004	improvements that the district is otherwise authorized to do or
18005	18005	perform so that, to the greatest extent reasonably possible,
18006	18006	considering sound engineering and economic practices, all of the
18007	18007	land and property may ultimately receive the services of the
18008	18008	facilities, works, or improvements; and
18009	18009	(D) the performance of any of the powers granted
18010	18010	by this chapter or the general law relating to municipal utility
18011	18011	districts.
18012	18012	(b) A contract under Subsection (a)(2) may not have a
18013	18013	duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 838,
18014	18014	Sec. 5 (part).)
18015	18015	Sec. 8279.103. EMINENT DOMAIN. The district may exercise
18016	18016	the power of eminent domain only in a county in which the district
18017	18017	is located. (Acts 61st Leg., R.S., Ch. 838, Sec. 13 (part).)
18018	18018	Sec. 8279.104. COST OF RELOCATING OR ALTERING PROPERTY.
18019	18019	(a) In this section, "sole expense" means the actual cost of
18020	18020	relocating, raising, lowering, rerouting, changing the grade of, or
18021	18021	altering the construction of a facility described by Subsection (b)
18022	18022	in providing comparable replacement without enhancement of the
18023	18023	facility, after deducting from that cost the net salvage value of
18024	18024	the old facility.
18025	18025	(b) If the district's exercise of the power of eminent
18026	18026	domain makes necessary the relocation, raising, rerouting,
18027	18027	changing the grade, or alteration of the construction of a highway,
18028	18028	a railroad, an electric transmission line, a telegraph or telephone
18029	18029	property or facility, or a pipeline, the necessary action shall be
18030	18030	accomplished at the sole expense of the district. (Acts 61st Leg.,
18031	18031	R.S., Ch. 838, Sec. 13 (part).)
18032	18032	Sec. 8279.105. NOTICE OF ELECTION. The board president or
18033	18033	secretary may give notice of an election. (Acts 61st Leg., R.S.,
18034	18034	Ch. 838, Sec. 19 (part).)
18035	18035	[Sections 8279.106-8279.150 reserved for expansion]
18036	18036	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
18037	18037	Sec. 8279.151. TAX METHOD. (a) The district shall use the
18038	18038	ad valorem plan of taxation.
18039	18039	(b) The board is not required to call or hold a hearing on
18040	18040	the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 838,
18041	18041	Sec. 8.)
18042	18042	Sec. 8279.152. DISTRICT ACCOUNTS. The district shall keep
18043	18043	a complete system of the district's accounts. (Acts 61st Leg.,
18044	18044	R.S., Ch. 838, Sec. 14 (part).)
18045	18045	Sec. 8279.153. COPY OF AUDIT REPORT. A copy of the audit
18046	18046	report prepared under Subchapter G, Chapter 49, Water Code, shall
18047	18047	be delivered:
18048	18048	(1) to each director; and
18049	18049	(2) to a holder of at least 25 percent of the
18050	18050	outstanding bonds of the district, on request. (Acts 61st Leg.,
18051	18051	R.S., Ch. 838, Sec. 14 (part); New.)
18052	18052	Sec. 8279.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
18053	18053	The district is not required to pay a tax or assessment on:
18054	18054	(1) district property; or
18055	18055	(2) a purchase made by the district. (Acts 61st Leg.,
18056	18056	R.S., Ch. 838, Sec. 22 (part).)
18057	18057	Sec. 8279.155. DEPOSITORY. (a) The board shall select one
18058	18058	or more banks in this state to act as depository for the district's
18059	18059	money.
18060	18060	(b) To the extent that money in the depository bank is not
18061	18061	insured by the Federal Deposit Insurance Corporation, the money
18062	18062	must be secured in the manner provided by law for the security of
18063	18063	county funds.
18064	18064	(c) A director may be a shareholder in a bank that is a
18065	18065	depository of district money. (Acts 61st Leg., R.S., Ch. 838, Sec.
18066	18066	14 (part).)
18067	18067	[Sections 8279.156-8279.200 reserved for expansion]
18068	18068	SUBCHAPTER E. BONDS
18069	18069	Sec. 8279.201. AUTHORITY TO ISSUE BONDS. The district may
18070	18070	issue bonds to provide water and sewer service to areas inside or
18071	18071	outside the boundaries of the district, regardless of whether the
18072	18072	areas are contiguous or noncontiguous. (Acts 61st Leg., R.S., Ch.
18073	18073	838, Sec. 16 (part).)
18074	18074	Sec. 8279.202. LOST OR MUTILATED BONDS. A trust indenture
18075	18075	securing bonds issued under this chapter may provide for the
18076	18076	issuance of bonds to replace lost or mutilated bonds. (Acts 61st
18077	18077	Leg., R.S., Ch. 838, Sec. 12 (part).)
18078	18078	Sec. 8279.203. USE OF BOND PROCEEDS DURING CONSTRUCTION.
18079	18079	(a) The district may appropriate or set aside out of the proceeds
18080	18080	from the sale of any bonds issued under this chapter an amount for
18081	18081	the payment of interest, administrative, and operating expenses
18082	18082	expected to accrue during a period of construction, as may be
18083	18083	provided in the bond orders or resolutions.
18084	18084	(b) For purposes of this section, the period of construction
18085	18085	may not exceed three years. (Acts 61st Leg., R.S., Ch. 838, Sec. 12
18086	18086	(part).)
18087	18087	Sec. 8279.204. REFUNDING BONDS. (a) By order or resolution
18088	18088	adopted by the board, the district may issue revenue refunding
18089	18089	bonds or tax-revenue refunding bonds to refund revenue bonds or
18090	18090	tax-revenue bonds, whether original bonds or refunding bonds,
18091	18091	previously issued by the district.
18092	18092	(b) The comptroller shall register the refunding bonds on
18093	18093	the surrender and cancellation of the bonds to be refunded.
18094	18094	(c) Instead of issuing bonds to be registered on the
18095	18095	surrender and cancellation of the bonds to be refunded, the
18096	18096	district, in the order or resolution authorizing the issuance of
18097	18097	the refunding bonds, may provide for the sale of the refunding bonds
18098	18098	and the deposit of the proceeds in the place or places where the
18099	18099	bonds to be refunded are payable. In that case, the refunding bonds
18100	18100	may be issued if an amount sufficient to pay the principal of and
18101	18101	interest on the bonds to be refunded to their maturity dates, or to
18102	18102	their option dates if according to their terms the bonds have been
18103	18103	called for payment before maturity, has been deposited in the place
18104	18104	or places where the bonds to be refunded are payable, and the
18105	18105	comptroller shall register the refunding bonds without the
18106	18106	surrender and cancellation of the bonds to be refunded. (Acts 61st
18107	18107	Leg., R.S., Ch. 838, Sec. 12 (part).)
18108	18108	CHAPTER 8280. ISAACSON MUNICIPAL UTILITY DISTRICT
18109	18109	SUBCHAPTER A. GENERAL PROVISIONS
18110	18110	Sec. 8280.001. DEFINITIONS
18111	18111	Sec. 8280.002. NATURE OF DISTRICT
18112	18112	Sec. 8280.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
18113	18113	Sec. 8280.004. DISTRICT TERRITORY
18114	18114	[Sections 8280.005-8280.050 reserved for expansion]
18115	18115	SUBCHAPTER B. BOARD OF DIRECTORS
18116	18116	Sec. 8280.051. COMPOSITION OF BOARD; TERMS
18117	18117	[Sections 8280.052-8280.100 reserved for expansion]
18118	18118	SUBCHAPTER C. POWERS AND DUTIES
18119	18119	Sec. 8280.101. MUNICIPAL UTILITY DISTRICT POWERS AND
18120	18120	DUTIES
18121	18121	CHAPTER 8280. ISAACSON MUNICIPAL UTILITY DISTRICT
18122	18122	SUBCHAPTER A. GENERAL PROVISIONS
18123	18123	Sec. 8280.001. DEFINITIONS. In this chapter:
18124	18124	(1) "Board" means the district's board of directors.
18125	18125	(2) "Director" means a member of the board.
18126	18126	(3) "District" means Isaacson Municipal Utility
18127	18127	District. (Acts 71st Leg., R.S., Ch. 741, Sec. 2; New.)
18128	18128	Sec. 8280.002. NATURE OF DISTRICT. The district is a
18129	18129	conservation and reclamation district in Wharton County created
18130	18130	under Section 59, Article XVI, Texas Constitution. (Acts 71st
18131	18131	Leg., R.S., Ch. 741, Secs. 1(a) (part), (b) (part).)
18132	18132	Sec. 8280.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
18133	18133	The district is created to serve a public use and benefit.
18134	18134	(b) All land and other property included in the district
18135	18135	will benefit from the works and projects accomplished by the
18136	18136	district under the powers conferred by Section 59, Article XVI,
18137	18137	Texas Constitution.
18138	18138	(c) The district is essential to accomplish the purposes of
18139	18139	Section 59, Article XVI, Texas Constitution. (Acts 71st Leg.,
18140	18140	R.S., Ch. 741, Secs. 1(b) (part), 5.)
18141	18141	Sec. 8280.004. DISTRICT TERRITORY. (a) The district is
18142	18142	composed of the territory described by Section 3, Acts of the 71st
18143	18143	Legislature, Regular Session, 1989, as that territory may have been
18144	18144	modified under:
18145	18145	(1) Subchapter H, Chapter 54, Water Code;
18146	18146	(2) Subchapter J, Chapter 49, Water Code; or
18147	18147	(3) other law.
18148	18148	(b) The boundaries and field notes of the district form a
18149	18149	closure. A mistake in the field notes or in copying the field notes
18150	18150	in the legislative process does not affect:
18151	18151	(1) the district's organization, existence, or
18152	18152	validity;
18153	18153	(2) the district's right to impose a tax; or
18154	18154	(3) the legality or operation of the district or its
18155	18155	governing body. (Acts 71st Leg., R.S., Ch. 741, Sec. 4; New.)
18156	18156	[Sections 8280.005-8280.050 reserved for expansion]
18157	18157	SUBCHAPTER B. BOARD OF DIRECTORS
18158	18158	Sec. 8280.051. COMPOSITION OF BOARD; TERMS. (a) The
18159	18159	district is governed by a board of five directors.
18160	18160	(b) Directors serve staggered four-year terms. (Acts 71st
18161	18161	Leg., R.S., Ch. 741, Secs. 7(a), (d).)
18162	18162	[Sections 8280.052-8280.100 reserved for expansion]
18163	18163	SUBCHAPTER C. POWERS AND DUTIES
18164	18164	Sec. 8280.101. MUNICIPAL UTILITY DISTRICT POWERS AND
18165	18165	DUTIES. The district has the rights, powers, privileges,
18166	18166	functions, and duties provided by the general law of this state,
18167	18167	including Chapters 49, 50, and 54, Water Code, applicable to a
18168	18168	municipal utility district created under Section 59, Article XVI,
18169	18169	Texas Constitution. (Acts 71st Leg., R.S., Ch. 741, Sec. 6(a)
18170	18170	(part); New.)
18171	18171	CHAPTER 8281. EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT
18172	18172	SUBCHAPTER A. GENERAL PROVISIONS
18173	18173	Sec. 8281.001. DEFINITION
18174	18174	Sec. 8281.002. NATURE OF DISTRICT
18175	18175	Sec. 8281.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
18176	18176	Sec. 8281.004. DISTRICT TERRITORY
18177	18177	[Sections 8281.005-8281.050 reserved for expansion]
18178	18178	SUBCHAPTER B. BOARD OF DIRECTORS
18179	18179	Sec. 8281.051. COMPOSITION OF BOARD
18180	18180	Sec. 8281.052. VACANCIES
18181	18181	[Sections 8281.053-8281.100 reserved for expansion]
18182	18182	SUBCHAPTER C. POWERS AND DUTIES
18183	18183	Sec. 8281.101. MUNICIPAL UTILITY DISTRICT POWERS
18184	18184	Sec. 8281.102. WATER AND SEWER SYSTEMS
18185	18185	Sec. 8281.103. LIMITATION ON PROVIDING WATER TO
18186	18186	CERTAIN USERS
18187	18187	Sec. 8281.104. AGRICULTURAL PRODUCTS
18188	18188	Sec. 8281.105. VOTER APPROVAL OF TAXES REQUIRED
18189	18189	CHAPTER 8281. EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT
18190	18190	SUBCHAPTER A. GENERAL PROVISIONS
18191	18191	Sec. 8281.001. DEFINITION. In this chapter, "district"
18192	18192	means the East Cedar Creek Fresh Water Supply District. (Acts 65th
18193	18193	Leg., R.S., Ch. 696, Sec. 1 (part).)
18194	18194	Sec. 8281.002. NATURE OF DISTRICT. The district is a
18195	18195	conservation and reclamation district in Henderson County created
18196	18196	under Section 59, Article XVI, Texas Constitution. (Acts 65th
18197	18197	Leg., R.S., Ch. 696, Sec. 1 (part).)
18198	18198	Sec. 8281.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
18199	18199	The district is created to serve a public use and benefit.
18200	18200	(b) All land and other property included in the boundaries
18201	18201	of the district will benefit from the works and projects that are to
18202	18202	be accomplished by the district under the powers conferred by
18203	18203	Section 59, Article XVI, Texas Constitution.
18204	18204	(c) The creation of the district is essential to accomplish
18205	18205	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
18206	18206	65th Leg., R.S., Ch. 696, Secs. 1 (part), 4.)
18207	18207	Sec. 8281.004. DISTRICT TERRITORY. (a) The district is
18208	18208	composed of the territory described by Section 2, Chapter 696, Acts
18209	18209	of the 65th Legislature, Regular Session, 1977, as that territory
18210	18210	may have been modified under:
18211	18211	(1) Subchapter H, Chapter 54, Water Code;
18212	18212	(2) Subchapter J, Chapter 49, Water Code; or
18213	18213	(3) other law.
18214	18214	(b) The boundaries and field notes of the district form a
18215	18215	closure. A mistake in copying the field notes in the legislative
18216	18216	process or any other mistake in the field notes does not affect:
18217	18217	(1) the district's organization, existence, or
18218	18218	validity;
18219	18219	(2) the district's right to issue any type of bond for
18220	18220	a purpose for which the district is created or to pay the principal
18221	18221	of and interest on a bond;
18222	18222	(3) the district's right to impose a tax; or
18223	18223	(4) the legality or operation of the district or its
18224	18224	governing body. (Acts 65th Leg., R.S., Ch. 696, Sec. 3; New.)
18225	18225	[Sections 8281.005-8281.050 reserved for expansion]
18226	18226	SUBCHAPTER B. BOARD OF DIRECTORS
18227	18227	Sec. 8281.051. COMPOSITION OF BOARD. The board of
18228	18228	directors of the district is composed of seven elected directors.
18229	18229	(Acts 65th Leg., R.S., Ch. 696, Sec. 7 (part).)
18230	18230	Sec. 8281.052. VACANCIES. The Commissioners Court of
18231	18231	Henderson County shall appoint directors to fill all vacancies on
18232	18232	the board when the number of qualified directors is fewer than four.
18233	18233	(Acts 65th Leg., R.S., Ch. 696, Sec. 7 (part).)
18234	18234	[Sections 8281.053-8281.100 reserved for expansion]
18235	18235	SUBCHAPTER C. POWERS AND DUTIES
18236	18236	Sec. 8281.101. MUNICIPAL UTILITY DISTRICT POWERS. The
18237	18237	district has the rights, powers, privileges, and functions provided
18238	18238	by general law applicable to a municipal utility district created
18239	18239	under Section 59, Article XVI, Texas Constitution, including
18240	18240	Chapters 49 and 54, Water Code. (Acts 65th Leg., R.S., Ch. 696,
18241	18241	Sec. 5 (part); New.)
18242	18242	Sec. 8281.102. WATER AND SEWER SYSTEMS. (a) The district
18243	18243	may acquire, and may improve or extend, any existing water or sewer
18244	18244	system that serves all or part of the district territory or may
18245	18245	construct a water or sewer system to serve the inhabitants of the
18246	18246	county in which the district is located.
18247	18247	(b) A contract to acquire an existing water or sewer
18248	18248	facility may be made on terms approved by the contracting parties.
18249	18249	(Acts 65th Leg., R.S., Ch. 696, Sec. 6 (part).)
18250	18250	Sec. 8281.103. LIMITATION ON PROVIDING WATER TO CERTAIN
18251	18251	USERS. Notwithstanding any other provision of this chapter, the
18252	18252	district may not compete with the City of Mabank in providing water
18253	18253	to household users unless the district receives permission from the
18254	18254	Public Utility Commission of Texas, with the consent of that city.
18255	18255	(Acts 65th Leg., R.S., Ch. 696, Sec. 5A.)
18256	18256	Sec. 8281.104. AGRICULTURAL PRODUCTS. The district may
18257	18257	produce agricultural products other than livestock on property the
18258	18258	district owns or controls and may market those products. (Acts 65th
18259	18259	Leg., R.S., Ch. 696, Sec. 5B.)
18260	18260	Sec. 8281.105. VOTER APPROVAL OF TAXES REQUIRED. The
18261	18261	district may not impose a tax unless the tax has been approved by
18262	18262	the voters at an election called for that purpose. (Acts 65th Leg.,
18263	18263	R.S., Ch. 696, Sec. 6 (part).)
18264	18264	CHAPTER 8282. FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT
18265	18265	SUBCHAPTER A. GENERAL PROVISIONS
18266	18266	Sec. 8282.001. DEFINITIONS
18267	18267	Sec. 8282.002. NATURE OF DISTRICT
18268	18268	Sec. 8282.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
18269	18269	[Sections 8282.004-8282.050 reserved for expansion]
18270	18270	SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS
18271	18271	TO DISTRICT TERRITORY
18272	18272	Sec. 8282.051. DISTRICT TERRITORY
18273	18273	Sec. 8282.052. CITY APPROVAL REQUIRED FOR ANNEXATION
18274	18274	[Sections 8282.053-8282.100 reserved for expansion]
18275	18275	SUBCHAPTER C. DISTRICT ADMINISTRATION
18276	18276	Sec. 8282.101. COMPOSITION OF BOARD; TERMS
18277	18277	Sec. 8282.102. VACANCY
18278	18278	Sec. 8282.103. OFFICERS AND ASSISTANTS
18279	18279	Sec. 8282.104. COMPENSATION
18280	18280	Sec. 8282.105. BOARD PROCEDURES
18281	18281	[Sections 8282.106-8282.150 reserved for expansion]
18282	18282	SUBCHAPTER D. POWERS AND DUTIES
18283	18283	Sec. 8282.151. MUNICIPAL UTILITY DISTRICT POWERS
18284	18284	Sec. 8282.152. AUTHORITY TO CONSTRUCT OR ACQUIRE WORKS
18285	18285	AND FACILITIES
18286	18286	Sec. 8282.153. ROADS
18287	18287	Sec. 8282.154. IMPROVEMENT PROJECTS AND SERVICES
18288	18288	Sec. 8282.155. FIRE DEPARTMENT
18289	18289	Sec. 8282.156. DISTRICT CONTRACTS
18290	18290	Sec. 8282.157. GENERAL CONTRACTING AUTHORITY
18291	18291	Sec. 8282.158. WATER AND SEWER CONTRACTS
18292	18292	Sec. 8282.159. EMINENT DOMAIN
18293	18293	Sec. 8282.160. PROVISION OF WATER AND SEWER SERVICES
18294	18294	BY CITY
18295	18295	Sec. 8282.161. REGULATORY AUTHORITY
18296	18296	Sec. 8282.162. POLICE PROTECTION
18297	18297	Sec. 8282.163. DISTRICT ELECTIONS
18298	18298	Sec. 8282.164. APPLICABILITY OF CITY ORDINANCES,
18299	18299	CODES, RESOLUTIONS, AND RULES
18300	18300	[Sections 8282.165-8282.200 reserved for expansion]
18301	18301	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
18302	18302	Sec. 8282.201. GENERAL FINANCIAL POWERS
18303	18303	Sec. 8282.202. TAX METHOD
18304	18304	Sec. 8282.203. TAX COLLECTOR
18305	18305	Sec. 8282.204. USE OF MAINTENANCE TAX
18306	18306	Sec. 8282.205. DEPOSIT AND SECURITY OF DISTRICT MONEY
18307	18307	Sec. 8282.206. INVESTMENT OF DISTRICT MONEY
18308	18308	[Sections 8282.207-8282.250 reserved for expansion]
18309	18309	SUBCHAPTER F. BONDS
18310	18310	Sec. 8282.251. AUTHORITY TO ISSUE BONDS
18311	18311	Sec. 8282.252. AUTHORITY TO ISSUE BONDS FOR ROADS AND
18312	18312	TURNPIKES
18313	18313	Sec. 8282.253. AUTHORITY TO ISSUE BONDS FOR
18314	18314	IMPROVEMENT PROJECTS OR SERVICES
18315	18315	Sec. 8282.254. OBLIGATIONS
18316	18316	CHAPTER 8282. FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT
18317	18317	SUBCHAPTER A. GENERAL PROVISIONS
18318	18318	Sec. 8282.001. DEFINITIONS. In this chapter:
18319	18319	(1) "Board" means the district's board of directors.
18320	18320	(2) "City" means the city of Mesquite.
18321	18321	(3) "District" means the Falcon's Lair Utility and
18322	18322	Reclamation District. (Acts 69th Leg., R.S., Ch. 935, Secs. 1(a)
18323	18323	(part), 2.)
18324	18324	Sec. 8282.002. NATURE OF DISTRICT. The district is a
18325	18325	conservation and reclamation district created under Section 52,
18326	18326	Article III, and Section 59, Article XVI, Texas Constitution. (Acts
18327	18327	69th Leg., R.S., Ch. 935, Sec. 1(a) (part).)
18328	18328	Sec. 8282.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
18329	18329	The district is created to serve a public use and benefit.
18330	18330	(b) All land and other property included in the boundaries
18331	18331	of the district will benefit from the works and projects
18332	18332	accomplished by the district under the powers conferred by this
18333	18333	chapter.
18334	18334	(c) The creation of the district is essential to accomplish
18335	18335	the purposes of Section 52, Article III, and Section 59, Article
18336	18336	XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch. 935, Secs. 3,
18337	18337	6.)
18338	18338	[Sections 8282.004-8282.050 reserved for expansion]
18339	18339	SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS
18340	18340	TO DISTRICT TERRITORY
18341	18341	Sec. 8282.051. DISTRICT TERRITORY. (a) The district is
18342	18342	composed of the territory described by Section 5(a), Chapter 935,
18343	18343	Acts of the 69th Legislature, Regular Session, 1985, as that
18344	18344	territory may have been modified under:
18345	18345	(1) Subchapter H, Chapter 54, Water Code;
18346	18346	(2) Subchapter J, Chapter 49, Water Code; or
18347	18347	(3) other law.
18348	18348	(b) The boundaries and field notes of the district form a
18349	18349	closure. A mistake in copying the field notes in the legislative
18350	18350	process or another mistake in the field notes does not affect:
18351	18351	(1) the district's organization, existence, or
18352	18352	validity;
18353	18353	(2) the district's right or power to issue bonds for
18354	18354	the purposes for which the district is created or to pay the
18355	18355	principal of and interest on the bonds;
18356	18356	(3) the district's authority to impose a tax;
18357	18357	(4) the validity of any contract, agreement, or
18358	18358	obligation of the district; or
18359	18359	(5) the legality of the operations or proceedings of
18360	18360	the district or the board. (Acts 69th Leg., R.S., Ch. 935, Sec.
18361	18361	5(b); New.)
18362	18362	Sec. 8282.052. CITY APPROVAL REQUIRED FOR ANNEXATION. The
18363	18363	district must secure the approval of the city, in the form of an
18364	18364	ordinance or resolution of the city council of the city, before
18365	18365	final annexation of additional land to the district. (Acts 69th
18366	18366	Leg., R.S., Ch. 935, Sec. 17 (part).)
18367	18367	[Sections 8282.053-8282.100 reserved for expansion]
18368	18368	SUBCHAPTER C. DISTRICT ADMINISTRATION
18369	18369	Sec. 8282.101. COMPOSITION OF BOARD; TERMS. (a) The board
18370	18370	consists of five directors.
18371	18371	(b) Directors serve staggered four-year terms, with the
18372	18372	terms of two or three directors expiring every other year. (Acts
18373	18373	69th Leg., R.S., Ch. 935, Secs. 9(a), (g) (part).)
18374	18374	Sec. 8282.102. VACANCY. (a) Except as provided by
18375	18375	Subsection (b), if a vacancy occurs in the office of director, the
18376	18376	remaining directors shall appoint a person to fill the vacancy
18377	18377	until the next election of directors for the district. If the
18378	18378	vacant position is not regularly scheduled to be filled at that
18379	18379	election, the person elected at that election to fill the vacancy
18380	18380	serves only for the unexpired term.
18381	18381	(b) If the number of qualified directors by reason of
18382	18382	vacancies is fewer than three, the city council of the city, on
18383	18383	petition of the owners of a majority in value of the land in the
18384	18384	district, as shown by the tax rolls of the city, shall appoint the
18385	18385	necessary number of directors to fill all vacancies on the board.
18386	18386	(c) The city may not be found liable for an act relating to a
18387	18387	district obligation or the operation of the district because of the
18388	18388	city's appointment of a director as prescribed by Subsection (b).
18389	18389	(Acts 69th Leg., R.S., Ch. 935, Secs. 9(d), (h).)
18390	18390	Sec. 8282.103. OFFICERS AND ASSISTANTS. (a) The board
18391	18391	shall reorganize and elect officers after each election and at any
18392	18392	other time the board considers appropriate.
18393	18393	(b) The board may designate one or more assistant
18394	18394	secretaries and an assistant treasurer. An assistant secretary or
18395	18395	assistant treasurer is not required to be a director.
18396	18396	(c) The board secretary or one of the assistant secretaries:
18397	18397	(1) shall keep the minutes of the meetings of the board
18398	18398	and all official records of the board; and
18399	18399	(2) may certify as to the accuracy or authenticity of
18400	18400	any actions, proceedings, minutes, or records of the board or of the
18401	18401	district. (Acts 69th Leg., R.S., Ch. 935, Secs. 10(a) (part), (b).)
18402	18402	Sec. 8282.104. COMPENSATION. Unless the board by
18403	18403	resolution increases the fee to an amount authorized by Section
18404	18404	49.060, Water Code, each director is entitled to receive
18405	18405	compensation in an amount not to exceed $50 for each meeting of the
18406	18406	board, as determined by the board. (Acts 69th Leg., R.S., Ch. 935,
18407	18407	Sec. 11 (part).)
18408	18408	Sec. 8282.105. BOARD PROCEDURES. The board shall provide
18409	18409	the method of execution of all contracts, the signing of checks, and
18410	18410	the handling of any other matter approved by the board, as shown in
18411	18411	the district's official minutes. (Acts 69th Leg., R.S., Ch. 935,
18412	18412	Sec. 10(a) (part).)
18413	18413	[Sections 8282.106-8282.150 reserved for expansion]
18414	18414	SUBCHAPTER D. POWERS AND DUTIES
18415	18415	Sec. 8282.151. MUNICIPAL UTILITY DISTRICT POWERS. The
18416	18416	district has the rights, powers, privileges, and functions
18417	18417	conferred, contemplated, and described by Section 59, Article XVI,
18418	18418	Texas Constitution, including the rights, powers, privileges, and
18419	18419	functions conferred by the general law applicable to municipal
18420	18420	utility districts operating under Chapter 54, Water Code. (Acts
18421	18421	69th Leg., R.S., Ch. 935, Sec. 7 (part).)
18422	18422	Sec. 8282.152. AUTHORITY TO CONSTRUCT OR ACQUIRE WORKS AND
18423	18423	FACILITIES. Subject to compliance with applicable codes,
18424	18424	ordinances, resolutions, and rules of the city, the district may
18425	18425	plan, lay out, purchase, construct, acquire, own, operate,
18426	18426	maintain, repair, or improve, inside or outside the boundaries of
18427	18427	the district, any works, improvements, facilities, plants,
18428	18428	equipment, and appliances, including any administrative buildings,
18429	18429	properties, and facilities, any permits, franchises, licenses, or
18430	18430	contract or property rights, and any levees, drains, waterways,
18431	18431	lakes, reservoirs, channels, conduits, sewers, dams, storm water
18432	18432	detention facilities, or other similar facilities and
18433	18433	improvements, whether for municipal, industrial, agricultural,
18434	18434	recreational, conservation, reclamation, or flood control
18435	18435	purposes, that are necessary, helpful, or incidental to the
18436	18436	exercise of any right, power, privilege, or function provided by
18437	18437	this chapter. (Acts 69th Leg., R.S., Ch. 935, Sec. 8(e).)
18438	18438	Sec. 8282.153. ROADS. (a) To the extent authorized by
18439	18439	Section 52, Article III, Texas Constitution, the district may
18440	18440	provide for the construction, maintenance, and operation of a
18441	18441	macadamized, graveled, or paved road or turnpike, or a work,
18442	18442	facility, or improvement in aid of a road or turnpike, inside or
18443	18443	outside the district's boundaries.
18444	18444	(b) Subject to compliance with Sections 8282.252(a) and
18445	18445	(b), the district may issue, sell, and deliver bonds, notes, or
18446	18446	other district obligations for a purpose described by Subsection
18447	18447	(a) and may impose taxes to pay the bonds.
18448	18448	(c) Without the city's consent and approval, the district
18449	18449	may not undertake to construct, maintain, operate, repair,
18450	18450	reconstruct, cross, or intersect any city street or road.
18451	18451	(d) Sections 49.181, 49.182, and 54.5161, Water Code, do not
18452	18452	apply to projects undertaken by the district under this section.
18453	18453	(Acts 69th Leg., R.S., Ch. 935, Secs. 8(b), 19(c) (part).)
18454	18454	Sec. 8282.154. IMPROVEMENT PROJECTS AND SERVICES. (a) The
18455	18455	board may undertake an improvement project or service that confers
18456	18456	a special benefit on all or a definable part of the district.
18457	18457	(b) The board may levy and collect special assessments on
18458	18458	property in the area described by Subsection (a), based on the
18459	18459	benefit conferred by the improvement project or service, to pay all
18460	18460	or part of the cost of the project or service.
18461	18461	(c) An improvement project or service provided by the
18462	18462	district may include the acquisition, construction, or financing of
18463	18463	water, wastewater, or drainage facilities, streets, sidewalks, or
18464	18464	roadways.
18465	18465	(d) Sections 375.113-375.124, Local Government Code, apply
18466	18466	to the financing of an improvement project or service under this
18467	18467	section. (Acts 69th Leg., R.S., Ch. 935, Sec. 20A.)
18468	18468	Sec. 8282.155. FIRE DEPARTMENT. (a) The district may
18469	18469	establish, operate, and maintain a fire department to perform all
18470	18470	firefighting activities in the district and may issue bonds and
18471	18471	impose taxes to pay for the department and the activities, as
18472	18472	authorized by Section 59(f), Article XVI, Texas Constitution, and
18473	18473	Section 49.351, Water Code. For purposes of this chapter, a
18474	18474	reference in Section 49.351, Water Code, to the Texas Commission on
18475	18475	Environmental Quality or the executive director of the commission
18476	18476	means the city council of the city.
18477	18477	(b) The city has the superior right to provide the degree of
18478	18478	firefighting services the city considers to be in the city's best
18479	18479	interests. (Acts 69th Leg., R.S., Ch. 935, Sec. 8(c).)
18480	18480	Sec. 8282.156. DISTRICT CONTRACTS. (a) Except as provided
18481	18481	by this section, a contract for the purchase or construction of
18482	18482	materials, machinery, or other things used to constitute the
18483	18483	district's works, improvements, facilities, plants, equipment, or
18484	18484	appliances must be advertised, let, and awarded as provided by
18485	18485	Section 49.273, Water Code.
18486	18486	(b) If the district determines, after a contract has been
18487	18487	awarded, that additional work is needed or that the character or
18488	18488	type of the work or facilities should be changed, the board may
18489	18489	authorize change orders to the contract on terms the board
18490	18490	approves, provided the change does not increase the total cost of
18491	18491	the contract by more than 25 percent.
18492	18492	(c) The district must seek informal competitive bids or
18493	18493	proposals from at least three bidders if:
18494	18494	(1) the estimated amount of a proposed construction
18495	18495	contract is more than $5,000 but less than $25,000; or
18496	18496	(2) the duration of a proposed construction contract
18497	18497	is more than two years.
18498	18498	(d) A contract must be written and awarded to the lowest and
18499	18499	best bidder. (Acts 69th Leg., R.S., Ch. 935, Sec. 22.)
18500	18500	Sec. 8282.157. GENERAL CONTRACTING AUTHORITY. (a) The
18501	18501	district may contract with the United States, this state or its
18502	18502	agencies, the city, any other public agency or entity, or an
18503	18503	individual, corporation, or other entity for the operation and
18504	18504	maintenance or the construction of any facility or improvement
18505	18505	authorized by this chapter.
18506	18506	(b) A contract that obligates the district to make payments
18507	18507	in whole or in part from ad valorem taxes, other than maintenance
18508	18508	taxes, is subject to approval at an election held under the same
18509	18509	procedures required for the issuance of bonds payable from ad
18510	18510	valorem taxes. (Acts 69th Leg., R.S., Ch. 935, Secs. 23(a), (c).)
18511	18511	Sec. 8282.158. WATER AND SEWER CONTRACTS. (a) The district
18512	18512	and the city may enter into, execute, and perform contracts under
18513	18513	Section 552.014, Local Government Code, as they consider to be
18514	18514	appropriate and mutually advantageous.
18515	18515	(b) A contract under this section may provide for the
18516	18516	district's acquisition for the benefit of the city and the
18517	18517	district's conveyance to the city of, and the city's acceptance and
18518	18518	ownership of and payment for, all or any designated portion of any
18519	18519	of the works, facilities, improvements, equipment, appliances,
18520	18520	properties, and contract rights as provided by Section 552.014,
18521	18521	Local Government Code, that:
18522	18522	(1) the district is authorized under this chapter to
18523	18523	purchase, acquire, construct, own, or improve; and
18524	18524	(2) the city, under its home-rule charter or under
18525	18525	general law, would have been or may be authorized to purchase,
18526	18526	acquire, construct, own, or improve in its own name or behalf.
18527	18527	(Acts 69th Leg., R.S., Ch. 935, Sec. 24.)
18528	18528	Sec. 8282.159. EMINENT DOMAIN. (a) The district may
18529	18529	exercise the power of eminent domain in the manner, with the
18530	18530	privileges, rights, and immunities, and subject to the conditions
18531	18531	and limitations provided by Sections 49.222 and 49.223, Water Code,
18532	18532	to acquire land, an easement, a right-of-way, or other property or
18533	18533	improvement that is or may be needed to carry out the district's
18534	18534	powers, purposes, and functions.
18535	18535	(b) Without the city's advance written consent and
18536	18536	approval, the district may not begin eminent domain proceedings for
18537	18537	a purpose described by Subsection (a).
18538	18538	(c) Without approval by city ordinance or resolution, the
18539	18539	district may not exercise the power of eminent domain to acquire any
18540	18540	land, easement, right-of-way, or other property or improvement
18541	18541	owned by the city or any city agency or instrumentality. (Acts 69th
18542	18542	Leg., R.S., Ch. 935, Sec. 8(d).)
18543	18543	Sec. 8282.160. PROVISION OF WATER AND SEWER SERVICES BY
18544	18544	CITY. (a) Notwithstanding Section 8282.157(a), to the extent that
18545	18545	the city considers practical, the city may provide water supply and
18546	18546	sewer services to residential retail customers in the district and
18547	18547	may provide water supply and wastewater treatment services to the
18548	18548	district, under a mutually agreeable contract or otherwise.
18549	18549	(b) The district is responsible for an off-site extension
18550	18550	that is required to provide water supply and sewer service. (Acts
18551	18551	69th Leg., R.S., Ch. 935, Sec. 23(b).)
18552	18552	Sec. 8282.161. REGULATORY AUTHORITY. (a) With respect to
18553	18553	district property, the district has the regulatory and police power
18554	18554	provided by Chapters 49 and 54, Water Code, except as limited by
18555	18555	this section.
18556	18556	(b) Except with respect to any rules relating to the
18557	18557	operation, use, or occupancy of the lakes, reservoirs, levees,
18558	18558	channels, drains, dams, and contiguous or adjacent facilities
18559	18559	constructed or to be constructed and owned or controlled by the
18560	18560	district, the board may not adopt a rule that includes a penal
18561	18561	provision to be enforced by a district peace officer unless the city
18562	18562	has approved the adoption of the rule. The proposed rule must be
18563	18563	presented to the city for the city's review and approval at least 30
18564	18564	days before the rule's effective date.
18565	18565	(c) The district may not adopt a penal rule that conflicts
18566	18566	or is inconsistent with any ordinance of general applicability in
18567	18567	the city.
18568	18568	(d) The district may not adopt or enforce a rule relating to
18569	18569	the city's streets or roads. (Acts 69th Leg., R.S., Ch. 935, Secs.
18570	18570	26(a), (b), (c), (d); New.)
18571	18571	Sec. 8282.162. POLICE PROTECTION. Except for providing for
18572	18572	the security of lakes, reservoirs, levees, channels, drains, dams,
18573	18573	and contiguous and adjacent facilities, excluding parks and streets
18574	18574	owned or controlled by the district, the district may not provide
18575	18575	peace officers or have responsibility for police protection in the
18576	18576	city's corporate limits. That function is a responsibility of the
18577	18577	city. (Acts 69th Leg., R.S., Ch. 935, Sec. 26(e).)
18578	18578	Sec. 8282.163. DISTRICT ELECTIONS. (a) The board shall
18579	18579	order each election the district is required to hold.
18580	18580	(b) Notice of a district election must be published once a
18581	18581	week for two consecutive weeks in a newspaper with general
18582	18582	circulation in the city, with the first publication occurring at
18583	18583	least 14 days before the date of the election.
18584	18584	(c) A district election held for any purpose may be held
18585	18585	separately or at the same time as an election for another purpose
18586	18586	including a director or maintenance tax election that may be held on
18587	18587	the same day as a bond election or another election. An election
18588	18588	held at the same time as an election for another purpose may be
18589	18589	called by the board in a single election order, and the results may
18590	18590	be canvassed in a single order. (Acts 69th Leg., R.S., Ch. 935,
18591	18591	Secs. 16(a), (c), (d).)
18592	18592	Sec. 8282.164. APPLICABILITY OF CITY ORDINANCES, CODES,
18593	18593	RESOLUTIONS, AND RULES. Except as expressly provided, this chapter
18594	18594	does not exempt the district from the terms of any applicable
18595	18595	ordinances, codes, resolutions, or rules of the city. (Acts 69th
18596	18596	Leg., R.S., Ch. 935, Sec. 27 (part).)
18597	18597	[Sections 8282.165-8282.200 reserved for expansion]
18598	18598	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
18599	18599	Sec. 8282.201. GENERAL FINANCIAL POWERS. The board may:
18600	18600	(1) spend and borrow money;
18601	18601	(2) issue bond anticipation notes and tax anticipation
18602	18602	notes;
18603	18603	(3) impose maintenance taxes; and
18604	18604	(4) carry out all acts and exercise all powers
18605	18605	provided by Subchapter E, Chapter 49, Water Code. (Acts 69th Leg.,
18606	18606	R.S., Ch. 935, Sec. 18.)
18607	18607	Sec. 8282.202. TAX METHOD. (a) The district shall use the
18608	18608	ad valorem plan of taxation.
18609	18609	(b) Subchapter G, Chapter 54, Water Code, applies to all
18610	18610	matters relating to the imposition of district taxes. (Acts 69th
18611	18611	Leg., R.S., Ch. 935, Sec. 21.)
18612	18612	Sec. 8282.203. TAX COLLECTOR. (a) The board shall appoint
18613	18613	a person as tax collector for the district and may appoint deputies
18614	18614	considered necessary.
18615	18615	(b) Each person appointed under this section shall qualify
18616	18616	by executing a bond in the amount of $10,000 payable to the
18617	18617	district, approved by the board, and conditioned on the faithful
18618	18618	performance of the person's duties.
18619	18619	(c) The board shall set the compensation for the tax
18620	18620	collector and any deputy tax collector. (Acts 69th Leg., R.S., Ch.
18621	18621	935, Sec. 14.)
18622	18622	Sec. 8282.204. USE OF MAINTENANCE TAX. (a) The board may
18623	18623	use and pledge the proceeds received from all or any designated
18624	18624	portion of the district's maintenance taxes for any lawful purpose,
18625	18625	other than the payment of the principal of or interest on bonds.
18626	18626	Bonds must be paid from taxes imposed separately to the extent that
18627	18627	those bonds are required to be paid from taxes.
18628	18628	(b) The district may not use maintenance taxes for the
18629	18629	purpose of maintaining, repairing, operating, or improving any of
18630	18630	the works, facilities, and improvements described by Section
18631	18631	8282.153 until the district has complied with Sections 8282.252(a)
18632	18632	and (b). (Acts 69th Leg., R.S., Ch. 935, Sec. 20.)
18633	18633	Sec. 8282.205. DEPOSIT AND SECURITY OF DISTRICT MONEY. (a)
18634	18634	The district's treasurer shall have district money deposited and
18635	18635	invested in the district's depository bank or other banks or
18636	18636	savings associations selected by the district's authorized
18637	18637	investment officers.
18638	18638	(b) To the extent that deposited or invested money is not
18639	18639	insured by the Federal Deposit Insurance Corporation, the money
18640	18640	must be secured in the manner provided by law for the security of
18641	18641	county funds. (Acts 69th Leg., R.S., Ch. 935, Secs. 15(a), (b).)
18642	18642	Sec. 8282.206. INVESTMENT OF DISTRICT MONEY. At the
18643	18643	direction of the board or any other authorized district
18644	18644	representative or investment officer, district money may be
18645	18645	invested in direct or indirect obligations of the United States,
18646	18646	the state, or any political subdivision of the state, or may be
18647	18647	placed in certificates of deposit of state or national banks or
18648	18648	savings and loan associations in this state, if that money is
18649	18649	secured in the manner provided for the security of county funds.
18650	18650	(Acts 69th Leg., R.S., Ch. 935, Sec. 15(c).)
18651	18651	[Sections 8282.207-8282.250 reserved for expansion]
18652	18652	SUBCHAPTER F. BONDS
18653	18653	Sec. 8282.251. AUTHORITY TO ISSUE BONDS. The board may
18654	18654	issue bonds as provided by general law, including Sections
18655	18655	54.501-54.515 and 54.518-54.521, Water Code. (Acts 69th Leg.,
18656	18656	R.S., Ch. 935, Sec. 19(a).)
18657	18657	Sec. 8282.252. AUTHORITY TO ISSUE BONDS FOR ROADS AND
18658	18658	TURNPIKES. (a) The district may not issue bonds for a purpose
18659	18659	described by Section 8282.153 unless the bonds are approved by a
18660	18660	vote of a two-thirds majority of the voters voting in the district
18661	18661	or the territory to be affected by the bonds.
18662	18662	(b) Bonds, notes, or other district obligations issued or
18663	18663	incurred for a purpose described by Section 8282.153 may not exceed
18664	18664	one-fourth of the assessed valuation of the real property of the
18665	18665	district or the territory to be affected by the bonds.
18666	18666	(c) Sections 49.181, 49.182, and 54.5161, Water Code, do not
18667	18667	apply to bonds issued by the district as provided by this section.
18668	18668	(Acts 69th Leg., R.S., Ch. 935, Secs. 19(b), (c) (part).)
18669	18669	Sec. 8282.253. AUTHORITY TO ISSUE BONDS FOR IMPROVEMENT
18670	18670	PROJECTS OR SERVICES. (a) To pay all or part of the costs of an
18671	18671	improvement project or service under Section 8282.154, the board
18672	18672	may issue bonds in one or more series payable from and secured by ad
18673	18673	valorem taxes, assessments, impact fees, revenues, grants, gifts,
18674	18674	contracts, or leases or any combination of those sources of money.
18675	18675	(b) Bonds issued under this section may be liens on all or
18676	18676	part of the revenue derived from improvements authorized under
18677	18677	Section 8282.154, including installment payments of special
18678	18678	assessments or from any other source pledged to their payment.
18679	18679	(c) Sections 375.202-375.206, Local Government Code, apply
18680	18680	to bonds issued under this section. (Acts 69th Leg., R.S., Ch. 935,
18681	18681	Secs. 19(d), (e).)
18682	18682	Sec. 8282.254. OBLIGATIONS. (a) In this section,
18683	18683	"obligation" means a bond, note, lease-purchase agreement, or
18684	18684	installment sale obligation of the district.
18685	18685	(b) The principal amount of the district's obligations that
18686	18686	are payable from assessments imposed by the district may be in an
18687	18687	amount that does not exceed the aggregate appraised value of the
18688	18688	property in the district, as established by an independent
18689	18689	appraisal by a member of the Appraisal Institute.
18690	18690	(c) The appraised value of the property in the district
18691	18691	established for ad valorem tax purposes does not limit the
18692	18692	principal amount of the obligations that may be issued by the
18693	18693	district under Subsection (b).
18694	18694	(d) The city is not required to pay the principal of and
18695	18695	interest on an obligation issued by the district. (Acts 69th Leg.,
18696	18696	R.S., Ch. 935, Sec. 19A.)
18697	18697	CHAPTER 8283. GREATER TEXOMA UTILITY AUTHORITY
18698	18698	SUBCHAPTER A. GENERAL PROVISIONS
18699	18699	Sec. 8283.001. DEFINITIONS
18700	18700	Sec. 8283.002. NATURE OF AUTHORITY
18701	18701	Sec. 8283.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
18702	18702	[Sections 8283.004-8283.050 reserved for expansion]
18703	18703	SUBCHAPTER B. AUTHORITY TERRITORY; ANNEXATION
18704	18704	Sec. 8283.051. AUTHORITY TERRITORY
18705	18705	Sec. 8283.052. ANNEXATION
18706	18706	[Sections 8283.053-8283.100 reserved for expansion]
18707	18707	SUBCHAPTER C. BOARD OF DIRECTORS
18708	18708	Sec. 8283.101. COMPOSITION OF BOARD; TERMS
18709	18709	Sec. 8283.102. APPOINTMENT OF DIRECTORS BY HOME-RULE
18710	18710	MUNICIPALITIES
18711	18711	Sec. 8283.103. APPOINTMENT OF DIRECTORS BY
18712	18712	MUNICIPALITIES
18713	18713	Sec. 8283.104. QUALIFICATIONS FOR OFFICE
18714	18714	Sec. 8283.105. BOARD VACANCY
18715	18715	Sec. 8283.106. REMOVAL FROM OFFICE
18716	18716	Sec. 8283.107. VOTING REQUIREMENT
18717	18717	[Sections 8283.108-8283.150 reserved for expansion]
18718	18718	SUBCHAPTER D. POWERS AND DUTIES
18719	18719	Sec. 8283.151. MUNICIPAL UTILITY DISTRICT POWERS
18720	18720	Sec. 8283.152. ACQUISITION AND USE OF PROPERTY
18721	18721	Sec. 8283.153. WATER RIGHTS
18722	18722	Sec. 8283.154. EMINENT DOMAIN
18723	18723	Sec. 8283.155. GENERAL CONTRACT POWERS
18724	18724	Sec. 8283.156. WATER, SEWER, SOLID WASTE, OR DRAINAGE
18725	18725	CONTRACTS; ELECTION NOT REQUIRED
18726	18726	Sec. 8283.157. TREATMENT OF PAYMENTS UNDER CERTAIN
18727	18727	MUNICIPAL CORPORATION CONTRACTS
18728	18728	Sec. 8283.158. STANDARD SPECIFICATIONS FOR FACILITIES
18729	18729	IN GRAYSON COUNTY
18730	18730	Sec. 8283.159. TAX PROHIBITION
18731	18731	[Sections 8283.160-8283.200 reserved for expansion]
18732	18732	SUBCHAPTER E. BONDS
18733	18733	Sec. 8283.201. REVENUE BONDS
18734	18734	Sec. 8283.202. BONDS FOR CERTAIN FACILITIES
18735	18735	CHAPTER 8283. GREATER TEXOMA UTILITY AUTHORITY
18736	18736	SUBCHAPTER A. GENERAL PROVISIONS
18737	18737	Sec. 8283.001. DEFINITIONS. In this chapter:
18738	18738	(1) "Board" means the board of directors of the
18739	18739	authority.
18740	18740	(2) "Director" means a member of the board.
18741	18741	(3) "Authority" means the Greater Texoma Utility
18742	18742	Authority. (Acts 66th Leg., R.S., Ch. 97, Sec. 1 (part); New.)
18743	18743	Sec. 8283.002. NATURE OF AUTHORITY. (a) The authority is a
18744	18744	conservation and reclamation district created under Section 59,
18745	18745	Article XVI, Texas Constitution.
18746	18746	(b) The authority is a political subdivision of this state.
18747	18747	(Acts 66th Leg., R.S., Ch. 97, Sec. 1 (part).)
18748	18748	Sec. 8283.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
18749	18749	The authority is created to serve a public use and benefit.
18750	18750	(b) All land and other property included in the boundaries
18751	18751	of the authority will benefit from the works and projects
18752	18752	accomplished by the authority under the powers conferred by Section
18753	18753	59, Article XVI, Texas Constitution.
18754	18754	(c) The creation of the authority is essential to accomplish
18755	18755	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
18756	18756	66th Leg., R.S., Ch. 97, Secs. 1 (part), 2(f).)
18757	18757	[Sections 8283.004-8283.050 reserved for expansion]
18758	18758	SUBCHAPTER B. AUTHORITY TERRITORY; ANNEXATION
18759	18759	Sec. 8283.051. AUTHORITY TERRITORY. The authority is
18760	18760	composed of the territory that was included in the corporate
18761	18761	boundaries of the cities of Denison and Sherman on May 2, 1979, as
18762	18762	that territory may have been modified under:
18763	18763	(1) Section 2 or 4, Chapter 97, Acts of the 66th
18764	18764	Legislature, Regular Session, 1979;
18765	18765	(2) Subchapter H, Chapter 54, Water Code;
18766	18766	(3) Subchapter J, Chapter 49, Water Code; or
18767	18767	(4) other law. (Acts 66th Leg., R.S., Ch. 97, Sec.
18768	18768	2(a); New.)
18769	18769	Sec. 8283.052. ANNEXATION. (a) The authority may annex
18770	18770	territory only as specified by this section.
18771	18771	(b) A municipality, by resolution or ordinance adopted by
18772	18772	its governing body, may request that the territory then included in
18773	18773	its corporate limits be annexed to the authority. On receipt of the
18774	18774	request, the board shall proceed in the manner provided by
18775	18775	Subsections (d) and (e).
18776	18776	(c) Territory that is annexed to a municipality after May 2,
18777	18777	1979, or after annexation of the municipality to the authority may
18778	18778	be annexed to the authority if the board determines the annexation
18779	18779	should be considered and proceeds in the manner provided by
18780	18780	Subsections (d) and (e).
18781	18781	(d) Under the circumstances described by this section, the
18782	18782	board shall call and hold a public hearing to determine if the
18783	18783	territory should be annexed. Notice of the hearing must be
18784	18784	published at least:
18785	18785	(1) once in a newspaper of general circulation in the
18786	18786	area of the authority and the territory proposed to be annexed; and
18787	18787	(2) 10 days before the date set for the hearing.
18788	18788	(e) If at the conclusion of the hearing the board finds that
18789	18789	the annexation would be in the best interest of the territory to be
18790	18790	annexed, the area in the authority, and the inhabitants of both, it
18791	18791	shall enter an order to that effect. The order finally annexes the
18792	18792	territory to the authority.
18793	18793	(f) An action to review the annexation of territory to the
18794	18794	authority may be brought in a district court in the county where the
18795	18795	principal office of the authority is located. An annexation may be
18796	18796	set aside for fraud or abuse of discretion. (Acts 66th Leg., R.S.,
18797	18797	Ch. 97, Secs. 2(b), (c), (d), (e).)
18798	18798	[Sections 8283.053-8283.100 reserved for expansion]
18799	18799	SUBCHAPTER C. BOARD OF DIRECTORS
18800	18800	Sec. 8283.101. COMPOSITION OF BOARD; TERMS. (a) The board
18801	18801	consists of at least six and not more than nine directors appointed
18802	18802	as follows:
18803	18803	(1) three directors appointed by the governing body of
18804	18804	the City of Denison;
18805	18805	(2) three directors appointed by the governing body of
18806	18806	the City of Sherman; and
18807	18807	(3) any directors appointed under Sections 8283.102
18808	18808	and 8283.103.
18809	18809	(b) Except for a director appointed under Section 8283.103,
18810	18810	a director serves a two-year term that begins January 1 following
18811	18811	the director's appointment.
18812	18812	(c) A director's term may not be shortened because of the
18813	18813	annexation of a municipality under Section 8283.102 or 8283.103.
18814	18814	(d) The City of Denison or the City of Sherman by ordinance
18815	18815	may provide for staggered terms for directors it appoints, but the
18816	18816	term of an incumbent may not be shortened or be longer than two
18817	18817	years. (Acts 66th Leg., R.S., Ch. 97, Secs. 6(a) (part), (d), (f)
18818	18818	(part).)
18819	18819	Sec. 8283.102. APPOINTMENT OF DIRECTORS BY HOME-RULE
18820	18820	MUNICIPALITIES. (a) If a home-rule municipality is annexed, the
18821	18821	governing body of the municipality shall appoint a director whose
18822	18822	term begins January 1 following the annexation.
18823	18823	(b) If more than two home-rule municipalities are annexed,
18824	18824	those municipalities are collectively entitled to appoint two
18825	18825	directors and shall designate their directors by any method agreed
18826	18826	to by those municipalities. (Acts 66th Leg., R.S., Ch. 97, Sec.
18827	18827	6(b).)
18828	18828	Sec. 8283.103. APPOINTMENT OF DIRECTORS BY MUNICIPALITIES
18829	18829	OTHER THAN HOME-RULE MUNICIPALITIES. Municipalities, other than
18830	18830	home-rule municipalities, are collectively entitled to appoint one
18831	18831	director and shall designate their director by any method agreed to
18832	18832	by those municipalities. (Acts 66th Leg., R.S., Ch. 97, Sec. 6(c).)
18833	18833	Sec. 8283.104. QUALIFICATIONS FOR OFFICE. (a) Each
18834	18834	director must be a qualified voter of the municipality that
18835	18835	appoints the director.
18836	18836	(b) An officer, employee, or member of the governing body of
18837	18837	a municipal corporation may not be a director. (Acts 66th Leg.,
18838	18838	R.S., Ch. 97, Secs. 6(f) (part), (h).)
18839	18839	Sec. 8283.105. BOARD VACANCY. A vacancy in the office of
18840	18840	director shall be filled for the unexpired term, if applicable, by
18841	18841	the governing body of the municipality that appointed the previous
18842	18842	director. (Acts 66th Leg., R.S., Ch. 97, Sec. 6(f) (part).)
18843	18843	Sec. 8283.106. REMOVAL FROM OFFICE. (a) Under procedures
18844	18844	adopted by board rule, the board may remove a director from office
18845	18845	only for malfeasance in office.
18846	18846	(b) The procedures must be designed to guarantee due process
18847	18847	to the director. (Acts 66th Leg., R.S., Ch. 97, Sec. 6(i).)
18848	18848	Sec. 8283.107. VOTING REQUIREMENT. A majority vote of the
18849	18849	board is required to adopt any measure. (Acts 66th Leg., R.S., Ch.
18850	18850	97, Sec. 6(g).)
18851	18851	[Sections 8283.108-8283.150 reserved for expansion]
18852	18852	SUBCHAPTER D. POWERS AND DUTIES
18853	18853	Sec. 8283.151. MUNICIPAL UTILITY DISTRICT POWERS. Except
18854	18854	as otherwise provided by this chapter, the authority has the
18855	18855	rights, powers, privileges, and functions conferred and imposed by
18856	18856	the general law applicable to a municipal utility district created
18857	18857	under Section 59, Article XVI, Texas Constitution, including those
18858	18858	conferred by Chapters 30, 49, and 54, Water Code. (Acts 66th Leg.,
18859	18859	R.S., Ch. 97, Sec. 3(a) (part); New.)
18860	18860	Sec. 8283.152. ACQUISITION AND USE OF PROPERTY. The
18861	18861	authority may operate, control, purchase, construct, lease, or
18862	18862	acquire, inside or outside the boundaries of the authority,
18863	18863	property, works, facilities, or improvements, whether previously
18864	18864	existing or to be made, constructed, or acquired, that the board
18865	18865	finds necessary to carry out the powers granted by this chapter or
18866	18866	general law. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(b) (part).)
18867	18867	Sec. 8283.153. WATER RIGHTS. The authority may acquire,
18868	18868	develop, and use rights to groundwater or surface water. (Acts 66th
18869	18869	Leg., R.S., Ch. 97, Sec. 3(b) (part).)
18870	18870	Sec. 8283.154. EMINENT DOMAIN. To carry out an authority
18871	18871	power or purpose, the authority, in the manner provided by Chapter
18872	18872	49, Water Code, may exercise the power of eminent domain to acquire
18873	18873	land, an easement, or other property inside or outside the
18874	18874	authority's boundaries. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(b)
18875	18875	(part).)
18876	18876	Sec. 8283.155. GENERAL CONTRACT POWERS. (a) The authority
18877	18877	may enter into a contract with a person, including a political
18878	18878	subdivision, on terms the board considers desirable, fair, and
18879	18879	advantageous for:
18880	18880	(1) the purchase or sale of raw or treated water;
18881	18881	(2) the purchase, lease, use, management, control, or
18882	18882	operation of water treatment or distribution facilities or sewer
18883	18883	collection and treatment facilities, all or part of the facilities
18884	18884	or systems owned by the other political subdivision, in accordance
18885	18885	with terms mutually agreed on by the governing bodies of the
18886	18886	contracting parties; or
18887	18887	(3) planning, making preliminary surveys,
18888	18888	investigations, or feasibility reports, engineering, or reports of
18889	18889	any kind.
18890	18890	(b) A contract for the acquisition of an existing water or
18891	18891	sewer facility may be made on terms approved by the contracting
18892	18892	parties. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(b) (part).)
18893	18893	Sec. 8283.156. WATER, SEWER, SOLID WASTE, OR DRAINAGE
18894	18894	CONTRACTS; ELECTION NOT REQUIRED. The authority and a municipal
18895	18895	corporation or other political subdivision may enter into a water,
18896	18896	sewer, solid waste, or drainage contract or any combination of
18897	18897	those contracts without the necessity of an election by any
18898	18898	contracting party to approve the contract. (Acts 66th Leg., R.S.,
18899	18899	Ch. 97, Sec. 3(c).)
18900	18900	Sec. 8283.157. TREATMENT OF PAYMENTS UNDER CERTAIN
18901	18901	MUNICIPAL CORPORATION CONTRACTS. A payment by a municipal
18902	18902	corporation for the purchase of water or the treatment and disposal
18903	18903	of sewage is a maintenance and operating expense of the utility
18904	18904	system or combined systems of the municipal corporation unless the
18905	18905	contract:
18906	18906	(1) provides for the municipal corporation to acquire
18907	18907	an ownership interest in the facilities; or
18908	18908	(2) makes other provisions. (Acts 66th Leg., R.S., Ch.
18909	18909	97, Sec. 3(d).)
18910	18910	Sec. 8283.158. STANDARD SPECIFICATIONS FOR FACILITIES IN
18911	18911	GRAYSON COUNTY. (a) In this section, "commission" means the Texas
18912	18912	Commission on Environmental Quality or its successor.
18913	18913	(b) Subject to Subsection (f), for area in Grayson County,
18914	18914	the authority by order may adopt standard specifications for
18915	18915	facilities designed or constructed to:
18916	18916	(1) store, treat, or transport water for domestic,
18917	18917	municipal, or industrial purposes to ensure that the facilities are
18918	18918	adequate in design to serve the needs of the area's inhabitants;
18919	18919	(2) collect, treat, and dispose of sewage; or
18920	18920	(3) dispose of solid waste.
18921	18921	(c) Before the specifications become final, the board must
18922	18922	hold a public hearing. The board must give notice of the hearing to
18923	18923	the commission and must publish in a newspaper of general
18924	18924	circulation in the area notice of the hearing one time at least 10
18925	18925	days before the date of the hearing so that any interested party may
18926	18926	present evidence for or against a proposed specification.
18927	18927	(d) An appeal of an order adopting standard specifications
18928	18928	may be made to a district court of Grayson County. The substantial
18929	18929	evidence rule applies to the appeal.
18930	18930	(e) The authority is entitled to seek an injunction against:
18931	18931	(1) the construction of a facility, including an
18932	18932	extension to an existing facility, if the construction does not
18933	18933	meet the authority's standard specifications; or
18934	18934	(2) the operation of a facility if construction has
18935	18935	begun and the facility does not meet those specifications.
18936	18936	(f) A standard specification adopted under this section
18937	18937	does not apply to an area that, on the date the order is adopted, is
18938	18938	located inside the corporate boundaries or the extraterritorial
18939	18939	jurisdiction of a municipality unless approved by the governing
18940	18940	body of the municipality.
18941	18941	(g) The authority shall file the standard specifications
18942	18942	with the commission. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(b)
18943	18943	(part); New.)
18944	18944	Sec. 8283.159. TAX PROHIBITION. The authority may not
18945	18945	impose a tax. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(e).)
18946	18946	[Sections 8283.160-8283.200 reserved for expansion]
18947	18947	SUBCHAPTER E. BONDS
18948	18948	Sec. 8283.201. REVENUE BONDS. The authority may issue
18949	18949	revenue bonds to carry out any of its powers, functions, or
18950	18950	obligations. (Acts 66th Leg., R.S., Ch. 97, Sec. 5 (part).)
18951	18951	Sec. 8283.202. BONDS FOR CERTAIN FACILITIES. If the
18952	18952	authority operates a facility under contract with a municipal
18953	18953	corporation, it may, if the contract permits the issuance, issue
18954	18954	bonds to improve or extend the facility. (Acts 66th Leg., R.S., Ch.
18955	18955	97, Sec. 5 (part).)
18956	18956	CHAPTER 8284. GREENWOOD UTILITY DISTRICT
18957	18957	SUBCHAPTER A. GENERAL PROVISIONS
18958	18958	Sec. 8284.001. DEFINITIONS
18959	18959	Sec. 8284.002. NATURE OF DISTRICT
18960	18960	Sec. 8284.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
18961	18961	Sec. 8284.004. DISTRICT TERRITORY
18962	18962	Sec. 8284.005. EXPANSION OF DISTRICT
18963	18963	Sec. 8284.006. STATE POLICY REGARDING WASTE DISPOSAL
18964	18964	[Sections 8284.007-8284.050 reserved for expansion]
18965	18965	SUBCHAPTER B. DISTRICT ADMINISTRATION
18966	18966	Sec. 8284.051. COMPOSITION OF BOARD
18967	18967	Sec. 8284.052. APPOINTMENT OF TREASURER
18968	18968	Sec. 8284.053. DIRECTOR'S AND TREASURER'S BONDS
18969	18969	Sec. 8284.054. ABSENCE OR INACTION OF BOARD PRESIDENT
18970	18970	Sec. 8284.055. DISTRICT OFFICE
18971	18971	[Sections 8284.056-8284.100 reserved for expansion]
18972	18972	SUBCHAPTER C. POWERS AND DUTIES
18973	18973	Sec. 8284.101. MUNICIPAL UTILITY DISTRICT POWERS
18974	18974	Sec. 8284.102. ADDITIONAL POWERS
18975	18975	Sec. 8284.103. EMINENT DOMAIN
18976	18976	Sec. 8284.104. COST OF RELOCATING OR ALTERING PROPERTY
18977	18977	Sec. 8284.105. NOTICE OF ELECTION
18978	18978	[Sections 8284.106-8284.150 reserved for expansion]
18979	18979	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
18980	18980	Sec. 8284.151. TAX METHOD
18981	18981	Sec. 8284.152. DISTRICT ACCOUNTS
18982	18982	Sec. 8284.153. FISCAL YEAR
18983	18983	Sec. 8284.154. COPY OF AUDIT REPORT
18984	18984	Sec. 8284.155. PAYMENT OF TAX OR ASSESSMENT NOT
18985	18985	REQUIRED
18986	18986	Sec. 8284.156. DEPOSITORY
18987	18987	[Sections 8284.157-8284.200 reserved for expansion]
18988	18988	SUBCHAPTER E. BONDS
18989	18989	Sec. 8284.201. LOST OR MUTILATED BONDS
18990	18990	Sec. 8284.202. USE OF BOND PROCEEDS DURING
18991	18991	CONSTRUCTION
18992	18992	Sec. 8284.203. REFUNDING BONDS
18993	18993	CHAPTER 8284. GREENWOOD UTILITY DISTRICT
18994	18994	SUBCHAPTER A. GENERAL PROVISIONS
18995	18995	Sec. 8284.001. DEFINITIONS. In this chapter:
18996	18996	(1) "Board" means the board of directors of the
18997	18997	district.
18998	18998	(2) "Director" means a member of the board.
18999	18999	(3) "District" means the Greenwood Utility District.
19000	19000	(Acts 61st Leg., R.S., Ch. 616, Sec. 1 (part); New.)
19001	19001	Sec. 8284.002. NATURE OF DISTRICT. The district is a
19002	19002	municipal utility district and a conservation and reclamation
19003	19003	district in Harris County created under Section 59, Article XVI,
19004	19004	Texas Constitution. (Acts 61st Leg., R.S., Ch. 616, Sec. 1 (part);
19005	19005	New.)
19006	19006	Sec. 8284.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
19007	19007	The district is created to serve a public use and benefit.
19008	19008	(b) All land and other property included in the boundaries
19009	19009	of the district will benefit from the works and projects
19010	19010	accomplished by the district under the powers conferred by Section
19011	19011	59, Article XVI, Texas Constitution.
19012	19012	(c) The creation of the district is essential to accomplish
19013	19013	the purposes of Section 59, Article XVI, Texas Constitution.
19014	19014	(d) The accomplishment of the purposes stated in this
19015	19015	chapter is for the benefit of the people of this state and for the
19016	19016	improvement of their property and industries. The district in
19017	19017	carrying out the purposes of this chapter will be performing an
19018	19018	essential public function under the Texas Constitution. (Acts 61st
19019	19019	Leg., R.S., Ch. 616, Secs. 1 (part), 4, 21 (part).)
19020	19020	Sec. 8284.004. DISTRICT TERRITORY. (a) The district is
19021	19021	composed of the territory described by Section 2, Chapter 616, Acts
19022	19022	of the 61st Legislature, Regular Session, 1969, as that territory
19023	19023	may have been modified under:
19024	19024	(1) Subchapter H, Chapter 54, Water Code;
19025	19025	(2) Subchapter J, Chapter 49, Water Code;
19026	19026	(3) Section 9, Chapter 616, Acts of the 61st
19027	19027	Legislature, Regular Session, 1969; or
19028	19028	(4) other law.
19029	19029	(b) The boundaries and field notes of the district form a
19030	19030	closure. A mistake in copying the field notes in the legislative
19031	19031	process or another mistake in the field notes does not affect:
19032	19032	(1) the district's organization, existence, or
19033	19033	validity;
19034	19034	(2) the district's right to issue any type of bond for
19035	19035	a purpose for which the district is created or to pay the principal
19036	19036	of and interest on the bond;
19037	19037	(3) the district's right to impose a tax; or
19038	19038	(4) the legality or operation of the district or the
19039	19039	board. (Acts 61st Leg., R.S., Ch. 616, Sec. 3; New.)
19040	19040	Sec. 8284.005. EXPANSION OF DISTRICT. (a) If land is
19041	19041	annexed to the district under Section 49.301, Water Code, the board
19042	19042	may require the petitioners to:
19043	19043	(1) assume the petitioners' pro rata share of the voted
19044	19044	but unissued bonds of the district; and
19045	19045	(2) authorize the board to impose a tax on the
19046	19046	petitioners' property to pay for the bonds after the bonds have been
19047	19047	issued.
19048	19048	(b) If land is annexed to the district under Section 49.302,
19049	19049	Water Code, the board may submit to the voters of the area to be
19050	19050	annexed a proposition on the question of the assumption by the area
19051	19051	to be annexed of its part of the voted but not yet issued or sold tax
19052	19052	or tax-revenue bonds of the district and the imposition of an ad
19053	19053	valorem tax on taxable property in the area to be annexed along with
19054	19054	a tax in the rest of the district for the payment of the bonds.
19055	19055	(c) If the petitioners consent or if the election results
19056	19056	favorably, the district may issue its voted but unissued tax or
19057	19057	tax-revenue bonds regardless of changes to district boundaries
19058	19058	since the original voting or authorization of the bonds. (Acts 61st
19059	19059	Leg., R.S., Ch. 616, Sec. 9.)
19060	19060	Sec. 8284.006. STATE POLICY REGARDING WASTE DISPOSAL. The
19061	19061	district's powers and duties are subject to the state policy of
19062	19062	encouraging the development and use of integrated area-wide waste
19063	19063	collection, treatment, and disposal systems to serve the waste
19064	19064	disposal needs of this state's residents, if integrated systems can
19065	19065	reasonably be provided for an area, so as to avoid the economic
19066	19066	burden on residents and the effect on state water quality caused by
19067	19067	the construction and operation of numerous small waste collection,
19068	19068	treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
19069	19069	616, Sec. 5 (part).)
19070	19070	[Sections 8284.007-8284.050 reserved for expansion]
19071	19071	SUBCHAPTER B. DISTRICT ADMINISTRATION
19072	19072	Sec. 8284.051. COMPOSITION OF BOARD. The board consists of
19073	19073	five elected directors. (Acts 61st Leg., R.S., Ch. 616, Sec. 10
19074	19074	(part).)
19075	19075	Sec. 8284.052. APPOINTMENT OF TREASURER. The board may
19076	19076	appoint the treasurer. (Acts 61st Leg., R.S., Ch. 616, Sec. 10
19077	19077	(part).)
19078	19078	Sec. 8284.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
19079	19079	director shall qualify by giving bond in the amount of $5,000 for
19080	19080	the faithful performance of the director's duties.
19081	19081	(b) The treasurer shall give bond in the amount required by
19082	19082	the board. The treasurer's bond shall be conditioned on the
19083	19083	treasurer's faithful accounting for all money that comes into the
19084	19084	treasurer's custody as treasurer of the district. (Acts 61st Leg.,
19085	19085	R.S., Ch. 616, Sec. 10 (part).)
19086	19086	Sec. 8284.054. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
19087	19087	When the board president is absent or fails or declines to act, the
19088	19088	board vice president shall perform all duties and exercise all
19089	19089	power this chapter or general law gives the president.
19090	19090	(b) If the board president is absent from a board meeting:
19091	19091	(1) the board vice president may sign an order or other
19092	19092	action adopted at the meeting; or
19093	19093	(2) the board may authorize the president to sign the
19094	19094	order or other action. (Acts 61st Leg., R.S., Ch. 616, Sec. 10
19095	19095	(part).)
19096	19096	Sec. 8284.055. DISTRICT OFFICE. (a) Except as provided by
19097	19097	this section, the board shall designate, establish, and maintain a
19098	19098	district office as provided by Section 49.062, Water Code.
19099	19099	(b) The board may establish a second district office outside
19100	19100	the district. If the board establishes a second district office,
19101	19101	the board shall give notice of the location of that office by:
19102	19102	(1) filing a copy of the board resolution that
19103	19103	establishes the location of the office:
19104	19104	(A) with the Texas Commission on Environmental
19105	19105	Quality; and
19106	19106	(B) in the municipal utility district records of
19107	19107	the county in which the district is located; and
19108	19108	(2) publishing notice of the location of the office in
19109	19109	a newspaper of general circulation in the county in which the
19110	19110	district is located.
19111	19111	(c) A district office that is a private residence, office,
19112	19112	or dwelling is a public place for matters relating to the district's
19113	19113	business.
19114	19114	(d) The board shall provide notice of any change in the
19115	19115	location of the district office outside the district in the manner
19116	19116	required by Subsection (b). (Acts 61st Leg., R.S., Ch. 616, Sec.
19117	19117	15.)
19118	19118	[Sections 8284.056-8284.100 reserved for expansion]
19119	19119	SUBCHAPTER C. POWERS AND DUTIES
19120	19120	Sec. 8284.101. MUNICIPAL UTILITY DISTRICT POWERS. The
19121	19121	district has all of the rights, powers, privileges, and functions
19122	19122	conferred and imposed by the general law of this state relating to
19123	19123	municipal utility districts created under Section 59, Article XVI,
19124	19124	Texas Constitution, including those conferred by Chapters 49 and
19125	19125	54, Water Code. (Acts 61st Leg., R.S., Ch. 616, Sec. 5 (part).)
19126	19126	Sec. 8284.102. ADDITIONAL POWERS. (a) The district may:
19127	19127	(1) make, purchase, construct, lease, or otherwise
19128	19128	acquire property, works, facilities, existing improvements, or
19129	19129	improvements to be made, constructed, or acquired that are:
19130	19130	(A) inside or outside the district's boundaries;
19131	19131	and
19132	19132	(B) necessary to carry out the powers granted by
19133	19133	this chapter or general law; or
19134	19134	(2) enter into a contract with a person on terms the
19135	19135	board considers desirable, fair, and advantageous for:
19136	19136	(A) the purchase or sale of water;
19137	19137	(B) the transportation, treatment, and disposal
19138	19138	of the domestic, industrial, or communal wastes of the district or
19139	19139	others;
19140	19140	(C) the continuing and orderly development of
19141	19141	land and property in the district through the purchase,
19142	19142	construction, or installation of facilities, works, or
19143	19143	improvements that the district is otherwise authorized to do or
19144	19144	perform so that, to the greatest extent reasonably possible,
19145	19145	considering sound engineering and economic practices, all of the
19146	19146	land and property may ultimately receive the services of the
19147	19147	facilities, works, or improvements; and
19148	19148	(D) the performance of any of the powers granted
19149	19149	by this chapter or the general law relating to municipal utility
19150	19150	districts.
19151	19151	(b) A contract under Subsection (a)(2) may not have a
19152	19152	duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 616,
19153	19153	Sec. 5 (part).)
19154	19154	Sec. 8284.103. EMINENT DOMAIN. The district may exercise
19155	19155	the power of eminent domain only:
19156	19156	(1) in the county in which the district is located; and
19157	19157	(2) when necessary to carry out the purposes for which
19158	19158	the district was created. (Acts 61st Leg., R.S., Ch. 616, Sec. 13
19159	19159	(part).)
19160	19160	Sec. 8284.104. COST OF RELOCATING OR ALTERING PROPERTY.
19161	19161	(a) In this section, "sole expense" means the actual cost of
19162	19162	relocating, raising, lowering, rerouting, changing the grade of, or
19163	19163	altering the construction of a facility described by Subsection (b)
19164	19164	in providing comparable replacement without enhancement of the
19165	19165	facility, after deducting from that cost the net salvage value of
19166	19166	the old facility.
19167	19167	(b) If the district's exercise of the power of eminent
19168	19168	domain makes necessary the relocation, raising, lowering,
19169	19169	rerouting, changing the grade, or alteration of the construction of
19170	19170	a highway, a railroad, an electric transmission line, a telegraph
19171	19171	or telephone property or facility, or a pipeline, the necessary
19172	19172	action shall be accomplished at the sole expense of the district.
19173	19173	(Acts 61st Leg., R.S., Ch. 616, Sec. 13 (part).)
19174	19174	Sec. 8284.105. NOTICE OF ELECTION. The board president or
19175	19175	secretary may give notice of an election. (Acts 61st Leg., R.S.,
19176	19176	Ch. 616, Sec. 18 (part).)
19177	19177	[Sections 8284.106-8284.150 reserved for expansion]
19178	19178	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
19179	19179	Sec. 8284.151. TAX METHOD. (a) The district shall use the
19180	19180	ad valorem plan of taxation.
19181	19181	(b) The board is not required to call or hold a hearing on
19182	19182	the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 616,
19183	19183	Sec. 8.)
19184	19184	Sec. 8284.152. DISTRICT ACCOUNTS. The district shall keep
19185	19185	a complete system of the district's accounts. (Acts 61st Leg.,
19186	19186	R.S., Ch. 616, Sec. 14 (part).)
19187	19187	Sec. 8284.153. FISCAL YEAR. The fiscal year of the district
19188	19188	is from January 1 to December 31 of the same year. (Acts 61st Leg.,
19189	19189	R.S., Ch. 616, Sec. 14 (part).)
19190	19190	Sec. 8284.154. COPY OF AUDIT REPORT. A copy of the audit
19191	19191	report prepared under Subchapter G, Chapter 49, Water Code, shall
19192	19192	be delivered:
19193	19193	(1) to each director; and
19194	19194	(2) to a holder of at least 25 percent of the
19195	19195	outstanding bonds of the district, on request. (Acts 61st Leg.,
19196	19196	R.S., Ch. 616, Sec. 14 (part); New.)
19197	19197	Sec. 8284.155. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
19198	19198	The district is not required to pay a tax or assessment on:
19199	19199	(1) district property; or
19200	19200	(2) a purchase made by the district. (Acts 61st Leg.,
19201	19201	R.S., Ch. 616, Sec. 21 (part).)
19202	19202	Sec. 8284.156. DEPOSITORY. (a) The board shall select one
19203	19203	or more banks in this state to act as depository for the district's
19204	19204	money.
19205	19205	(b) To the extent that money in the depository bank is not
19206	19206	insured by the Federal Deposit Insurance Corporation, the money
19207	19207	must be secured in the manner provided by law for the security of
19208	19208	county funds.
19209	19209	(c) A director may be a shareholder in a bank that is a
19210	19210	depository of district money. (Acts 61st Leg., R.S., Ch. 616, Sec.
19211	19211	14 (part).)
19212	19212	[Sections 8284.157-8284.200 reserved for expansion]
19213	19213	SUBCHAPTER E. BONDS
19214	19214	Sec. 8284.201. LOST OR MUTILATED BONDS. A trust indenture
19215	19215	securing bonds issued under this chapter may provide for the
19216	19216	issuance of bonds to replace lost or mutilated bonds. (Acts 61st
19217	19217	Leg., R.S., Ch. 616, Sec. 12 (part).)
19218	19218	Sec. 8284.202. USE OF BOND PROCEEDS DURING CONSTRUCTION.
19219	19219	(a) The district may appropriate or set aside out of the proceeds
19220	19220	from the sale of any bonds issued under this chapter an amount for
19221	19221	the payment of interest, administrative, and operating expenses
19222	19222	expected to accrue during a period of construction, as may be
19223	19223	provided in the bond orders or resolutions.
19224	19224	(b) For purposes of this section, the period of construction
19225	19225	may not exceed three years. (Acts 61st Leg., R.S., Ch. 616, Sec. 12
19226	19226	(part).)
19227	19227	Sec. 8284.203. REFUNDING BONDS. (a) By order or resolution
19228	19228	adopted by the board, the district may issue tax or revenue
19229	19229	refunding bonds or tax-revenue refunding bonds to refund revenue
19230	19230	bonds or tax-revenue bonds, whether original bonds or refunding
19231	19231	bonds, previously issued by the district.
19232	19232	(b) The comptroller shall register the refunding bonds on
19233	19233	the surrender and cancellation of the bonds to be refunded.
19234	19234	(c) Instead of issuing bonds to be registered on the
19235	19235	surrender and cancellation of the bonds to be refunded, the
19236	19236	district, in the order or resolution authorizing the issuance of
19237	19237	the refunding bonds, may provide for the sale of the refunding bonds
19238	19238	and the deposit of the proceeds in the place or places where the
19239	19239	bonds to be refunded are payable. In that case, the refunding bonds
19240	19240	may be issued if an amount sufficient to pay the principal of and
19241	19241	interest on the bonds to be refunded to their maturity dates, or to
19242	19242	their option dates if according to their terms the bonds have been
19243	19243	called for payment before maturity, has been deposited in the place
19244	19244	or places where the bonds to be refunded are payable, and the
19245	19245	comptroller shall register the refunding bonds without the
19246	19246	surrender and cancellation of the bonds to be refunded. (Acts 61st
19247	19247	Leg., R.S., Ch. 616, Sec. 12 (part).)
19248	19248	CHAPTER 8285. MALCOMSON ROAD UTILITY DISTRICT
19249	19249	SUBCHAPTER A. GENERAL PROVISIONS
19250	19250	Sec. 8285.001. DEFINITIONS
19251	19251	Sec. 8285.002. NATURE OF DISTRICT
19252	19252	Sec. 8285.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
19253	19253	Sec. 8285.004. DISTRICT TERRITORY
19254	19254	[Sections 8285.005-8285.050 reserved for expansion]
19255	19255	SUBCHAPTER B. BOARD OF DIRECTORS
19256	19256	Sec. 8285.051. COMPOSITION OF BOARD
19257	19257	[Sections 8285.052-8285.100 reserved for expansion]
19258	19258	SUBCHAPTER C. POWERS AND DUTIES
19259	19259	Sec. 8285.101. MUNICIPAL UTILITY DISTRICT POWERS
19260	19260	CHAPTER 8285. MALCOMSON ROAD UTILITY DISTRICT
19261	19261	SUBCHAPTER A. GENERAL PROVISIONS
19262	19262	Sec. 8285.001. DEFINITIONS. In this chapter:
19263	19263	(1) "Board" means the district's board of directors.
19264	19264	(2) "Director" means a member of the board.
19265	19265	(3) "District" means the Malcomson Road Utility
19266	19266	District. (Acts 62nd Leg., R.S., Ch. 658, Sec. 1 (part); New.)
19267	19267	Sec. 8285.002. NATURE OF DISTRICT. The district is a
19268	19268	conservation and reclamation district in Harris County created
19269	19269	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
19270	19270	R.S., Ch. 658, Sec. 1 (part).)
19271	19271	Sec. 8285.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
19272	19272	The district is created to serve a public use and benefit.
19273	19273	(b) All land and other property included in the boundaries
19274	19274	of the district will benefit from the works and projects
19275	19275	accomplished by the district under the powers conferred by Section
19276	19276	59, Article XVI, Texas Constitution.
19277	19277	(c) The creation of the district is essential to accomplish
19278	19278	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
19279	19279	62nd Leg., R.S., Ch. 658, Secs. 1 (part), 3.)
19280	19280	Sec. 8285.004. DISTRICT TERRITORY. (a) The district is
19281	19281	composed of the territory described by Section 4, Chapter 658, Acts
19282	19282	of the 62nd Legislature, Regular Session, 1971, as that territory
19283	19283	may have been modified under:
19284	19284	(1) Subchapter H, Chapter 54, Water Code;
19285	19285	(2) Subchapter J, Chapter 49, Water Code; or
19286	19286	(3) other law.
19287	19287	(b) The boundaries and field notes of the district form a
19288	19288	closure. A mistake in copying the field notes in the legislative
19289	19289	process or another mistake in the field notes does not affect:
19290	19290	(1) the district's organization, existence, or
19291	19291	validity;
19292	19292	(2) the district's right to issue any type of bond for
19293	19293	a purpose for which the district is created or to pay the principal
19294	19294	of and interest on the bond;
19295	19295	(3) the district's right to impose a tax; or
19296	19296	(4) the legality or operation of the district or its
19297	19297	governing body. (Acts 62nd Leg., R.S., Ch. 658, Sec. 2; New.)
19298	19298	[Sections 8285.005-8285.050 reserved for expansion]
19299	19299	SUBCHAPTER B. BOARD OF DIRECTORS
19300	19300	Sec. 8285.051. COMPOSITION OF BOARD. The board of
19301	19301	directors is composed of five elected directors. (Acts 62nd Leg.,
19302	19302	R.S., Ch. 658, Sec. 6 (part).)
19303	19303	[Sections 8285.052-8285.100 reserved for expansion]
19304	19304	SUBCHAPTER C. POWERS AND DUTIES
19305	19305	Sec. 8285.101. MUNICIPAL UTILITY DISTRICT POWERS. The
19306	19306	district has the rights, powers, privileges, and functions
19307	19307	conferred by general law applicable to a municipal utility
19308	19308	district, including Chapters 49 and 54, Water Code. (Acts 62nd
19309	19309	Leg., R.S., Ch. 658, Sec. 5 (part); New.)
19310	19310	CHAPTER 8286. MASON CREEK UTILITY DISTRICT
19311	19311	SUBCHAPTER A. GENERAL PROVISIONS
19312	19312	Sec. 8286.001. DEFINITIONS
19313	19313	Sec. 8286.002. NATURE OF DISTRICT
19314	19314	Sec. 8286.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
19315	19315	Sec. 8286.004. DISTRICT TERRITORY
19316	19316	[Sections 8286.005-8286.050 reserved for expansion]
19317	19317	SUBCHAPTER B. BOARD OF DIRECTORS
19318	19318	Sec. 8286.051. COMPOSITION OF BOARD
19319	19319	[Sections 8286.052-8286.100 reserved for expansion]
19320	19320	SUBCHAPTER C. POWERS AND DUTIES
19321	19321	Sec. 8286.101. MUNICIPAL UTILITY DISTRICT POWERS
19322	19322	CHAPTER 8286. MASON CREEK UTILITY DISTRICT
19323	19323	SUBCHAPTER A. GENERAL PROVISIONS
19324	19324	Sec. 8286.001. DEFINITIONS. In this chapter:
19325	19325	(1) "Board" means the district's board of directors.
19326	19326	(2) "Director" means a member of the board.
19327	19327	(3) "District" means the Mason Creek Utility District.
19328	19328	(Acts 62nd Leg., R.S., Ch. 664, Sec. 1 (part); New.)
19329	19329	Sec. 8286.002. NATURE OF DISTRICT. The district is a
19330	19330	conservation and reclamation district in Harris County created
19331	19331	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
19332	19332	Leg., R.S., Ch. 664, Sec. 1 (part).)
19333	19333	Sec. 8286.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
19334	19334	The district is created to serve a public use and benefit.
19335	19335	(b) All land and other property included in the boundaries
19336	19336	of the district will benefit from the works and projects
19337	19337	accomplished by the district under the powers conferred by Section
19338	19338	59, Article XVI, Texas Constitution.
19339	19339	(c) The creation of the district is essential to accomplish
19340	19340	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
19341	19341	62nd Leg., R.S., Ch. 664, Secs. 1 (part), 3.)
19342	19342	Sec. 8286.004. DISTRICT TERRITORY. (a) The district is
19343	19343	composed of the territory described by Section 4, Chapter 664, Acts
19344	19344	of the 62nd Legislature, Regular Session, 1971, as that territory
19345	19345	may have been modified under:
19346	19346	(1) Subchapter H, Chapter 54, Water Code;
19347	19347	(2) Subchapter J, Chapter 49, Water Code; or
19348	19348	(3) other law.
19349	19349	(b) The boundaries and field notes of the district form a
19350	19350	closure. A mistake in copying the field notes in the legislative
19351	19351	process or another mistake in the field notes does not affect:
19352	19352	(1) the district's organization, existence, or
19353	19353	validity;
19354	19354	(2) the district's right to issue any type of bond for
19355	19355	the purpose for which the district is created or to pay the
19356	19356	principal of and interest on the bond;
19357	19357	(3) the district's right to impose a tax; or
19358	19358	(4) the legality or operation of the district or its
19359	19359	governing body. (Acts 62nd Leg., R.S., Ch. 664, Sec. 2; New.)
19360	19360	[Sections 8286.005-8286.050 reserved for expansion]
19361	19361	SUBCHAPTER B. BOARD OF DIRECTORS
19362	19362	Sec. 8286.051. COMPOSITION OF BOARD. The board of
19363	19363	directors is composed of five elected directors. (Acts 62nd Leg.,
19364	19364	R.S., Ch. 664, Sec. 6 (part).)
19365	19365	[Sections 8286.052-8286.100 reserved for expansion]
19366	19366	SUBCHAPTER C. POWERS AND DUTIES
19367	19367	Sec. 8286.101. MUNICIPAL UTILITY DISTRICT POWERS. The
19368	19368	district has the rights, powers, privileges, and functions
19369	19369	conferred by general law applicable to a municipal utility
19370	19370	district, including Chapters 49 and 54, Water Code. (Acts 62nd
19371	19371	Leg., R.S., Ch. 664, Sec. 5 (part); New.)
19372	19372	CHAPTER 8287. MONTGOMERY COUNTY UTILITY DISTRICT NO. 2
19373	19373	SUBCHAPTER A. GENERAL PROVISIONS
19374	19374	Sec. 8287.001. DEFINITIONS
19375	19375	Sec. 8287.002. NATURE OF DISTRICT
19376	19376	Sec. 8287.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
19377	19377	Sec. 8287.004. DISTRICT TERRITORY
19378	19378	[Sections 8287.005-8287.050 reserved for expansion]
19379	19379	SUBCHAPTER B. BOARD OF DIRECTORS
19380	19380	Sec. 8287.051. COMPOSITION OF BOARD
19381	19381	[Sections 8287.052-8287.100 reserved for expansion]
19382	19382	SUBCHAPTER C. POWERS AND DUTIES
19383	19383	Sec. 8287.101. MUNICIPAL UTILITY DISTRICT POWERS
19384	19384	CHAPTER 8287. MONTGOMERY COUNTY UTILITY DISTRICT NO. 2
19385	19385	SUBCHAPTER A. GENERAL PROVISIONS
19386	19386	Sec. 8287.001. DEFINITIONS. In this chapter:
19387	19387	(1) "Board" means the district's board of directors.
19388	19388	(2) "Director" means a member of the board.
19389	19389	(3) "District" means the Montgomery County Utility
19390	19390	District No. 2. (Acts 62nd Leg., R.S., Ch. 635, Sec. 1 (part);
19391	19391	New.)
19392	19392	Sec. 8287.002. NATURE OF DISTRICT. The district is a
19393	19393	conservation and reclamation district in Montgomery County created
19394	19394	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
19395	19395	R.S., Ch. 635, Sec. 1 (part).)
19396	19396	Sec. 8287.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
19397	19397	The district is created to serve a public use and benefit.
19398	19398	(b) All land and other property included in the boundaries
19399	19399	of the district will benefit from the works and projects
19400	19400	accomplished by the district under the powers conferred by Section
19401	19401	59, Article XVI, Texas Constitution.
19402	19402	(c) The creation of the district is essential to accomplish
19403	19403	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
19404	19404	62nd Leg., R.S., Ch. 635, Secs. 1 (part), 3.)
19405	19405	Sec. 8287.004. DISTRICT TERRITORY. (a) The district is
19406	19406	composed of the territory described by Section 4, Chapter 635, Acts
19407	19407	of the 62nd Legislature, Regular Session, 1971, as that territory
19408	19408	may have been modified under:
19409	19409	(1) Subchapter H, Chapter 54, Water Code;
19410	19410	(2) Subchapter J, Chapter 49, Water Code; or
19411	19411	(3) other law.
19412	19412	(b) The boundaries and field notes of the district form a
19413	19413	closure. A mistake in copying the field notes in the legislative
19414	19414	process or another mistake in the field notes does not affect:
19415	19415	(1) the district's organization, existence, or
19416	19416	validity;
19417	19417	(2) the district's right to issue any type of bond for
19418	19418	a purpose for which the district is created or to pay the principal
19419	19419	of and interest on the bond;
19420	19420	(3) the district's right to impose a tax; or
19421	19421	(4) the legality or operation of the district or its
19422	19422	governing body. (Acts 62nd Leg., R.S., Ch. 635, Sec. 2; New.)
19423	19423	[Sections 8287.005-8287.050 reserved for expansion]
19424	19424	SUBCHAPTER B. BOARD OF DIRECTORS
19425	19425	Sec. 8287.051. COMPOSITION OF BOARD. The board of
19426	19426	directors is composed of five elected directors. (Acts 62nd Leg.,
19427	19427	R.S., Ch. 635, Sec. 6 (part).)
19428	19428	[Sections 8287.052-8287.100 reserved for expansion]
19429	19429	SUBCHAPTER C. POWERS AND DUTIES
19430	19430	Sec. 8287.101. MUNICIPAL UTILITY DISTRICT POWERS. The
19431	19431	district has the rights, powers, privileges, and functions
19432	19432	conferred by general law applicable to a municipal utility
19433	19433	district, including Chapters 49 and 54, Water Code. (Acts 62nd
19434	19434	Leg., R.S., Ch. 635, Sec. 5 (part); New.)
19435	19435	CHAPTER 8288. MEEKER MUNICIPAL WATER DISTRICT
19436	19436	SUBCHAPTER A. GENERAL PROVISIONS
19437	19437	Sec. 8288.001. DEFINITIONS
19438	19438	Sec. 8288.002. NATURE OF DISTRICT
19439	19439	Sec. 8288.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
19440	19440	Sec. 8288.004. LIBERAL CONSTRUCTION OF CHAPTER
19441	19441	Sec. 8288.005. DISTRICT TERRITORY
19442	19442	[Sections 8288.006-8288.050 reserved for expansion]
19443	19443	SUBCHAPTER B. BOARD OF DIRECTORS
19444	19444	Sec. 8288.051. COMPOSITION OF BOARD; TERMS
19445	19445	Sec. 8288.052. QUALIFICATIONS FOR OFFICE
19446	19446	Sec. 8828.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS
19447	19447	Sec. 8288.054. OFFICERS AND ASSISTANTS
19448	19448	Sec. 8288.055. OFFICER DUTIES
19449	19449	Sec. 8288.056. MEETINGS
19450	19450	[Sections 8288.057-8288.100 reserved for expansion]
19451	19451	SUBCHAPTER C. POWERS AND DUTIES
19452	19452	Sec. 8288.101. DISTRICT POWERS
19453	19453	Sec. 8288.102. GENERAL POWERS REGARDING WATER
19454	19454	Sec. 8288.103. GENERAL POWERS REGARDING WASTE
19455	19455	Sec. 8288.104. GENERAL POWERS REGARDING GARBAGE
19456	19456	COLLECTION AND DISPOSAL
19457	19457	Sec. 8288.105. GENERAL CONTRACT POWERS
19458	19458	Sec. 8288.106. AUTHORITY OF PUBLIC AGENCIES AND
19459	19459	WITH DISTRICT
19460	19460	Sec. 8288.107. CONVEYANCE OF PROPERTY TO DISTRICT
19461	19461	Sec. 8288.108. ACQUISITION OF EXISTING FACILITIES
19462	19462	Sec. 8288.109. EMINENT DOMAIN
19463	19463	Sec. 8288.110. COST OF RELOCATING OR ALTERING
19464	19464	PROPERTY; RIGHTS-OF-WAY AND EASEMENTS
19465	19465	[Sections 8288.111-8288.150 reserved for expansion]
19466	19466	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
19467	19467	Sec. 8288.151. IMPOSITION OF MAINTENANCE TAX;
19468	19468	ASSESSMENTS
19469	19469	Sec. 8288.152. ELECTION TO IMPOSE TAX
19470	19470	Sec. 8288.153. DEPOSITORY
19471	19471	Sec. 8288.154. INVESTMENT OF DISTRICT MONEY
19472	19472	Sec. 8288.155. DISTRICT FACILITIES EXEMPT FROM
19473	19473	TAXATION AND ASSESSMENT
19474	19474	[Sections 8288.156-8288.200 reserved for expansion]
19475	19475	SUBCHAPTER E. BONDS
19476	19476	Sec. 8288.201. AUTHORITY TO ISSUE BONDS
19477	19477	Sec. 8288.202. FORM OF BONDS
19478	19478	Sec. 8288.203. MATURITY
19479	19479	Sec. 8288.204. BONDS SECURED BY REVENUE; ADDITIONAL
19480	19480	BONDS
19481	19481	Sec. 8288.205. ADDITIONAL SECURITY
19482	19482	Sec. 8288.206. TRUST INDENTURE
19483	19483	Sec. 8288.207. CHARGES FOR DISTRICT SERVICES
19484	19484	Sec. 8288.208. STATE PLEDGE REGARDING RIGHTS AND
19485	19485	REMEDIES OF BONDHOLDERS
19486	19486	Sec. 8288.209. USE OF BOND PROCEEDS
19487	19487	Sec. 8288.210. APPOINTMENT OF RECEIVER
19488	19488	Sec. 8288.211. REFUNDING BONDS
19489	19489	Sec. 8288.212. OTHER REMEDIES AND COVENANTS
19490	19490	Sec. 8288.213. LIMITATION ON RIGHTS OF BONDHOLDERS
19491	19491	Sec. 8288.214. BONDS EXEMPT FROM TAXATION
19492	19492	CHAPTER 8288. MEEKER MUNICIPAL WATER DISTRICT
19493	19493	SUBCHAPTER A. GENERAL PROVISIONS
19494	19494	Sec. 8288.001. DEFINITIONS. In this chapter:
19495	19495	(1) "Board" means the board of directors of the
19496	19496	district.
19497	19497	(2) "Bond" means a bond or note.
19498	19498	(3) "Director" means a member of the board.
19499	19499	(4) "District" means the Meeker Municipal Water
19500	19500	District. (Acts 65th Leg., R.S., Ch. 714, Secs. 1 (part), 4(a)
19501	19501	(part), 15(a) (part); New.)
19502	19502	Sec. 8288.002. NATURE OF DISTRICT. The district is a
19503	19503	conservation and reclamation district in Jefferson County created
19504	19504	under Section 59, Article XVI, Texas Constitution. (Acts 65th
19505	19505	Leg., R.S., Ch. 714, Sec. 1 (part).)
19506	19506	Sec. 8288.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
19507	19507	The district is created to serve a public use and benefit.
19508	19508	(b) All land and other property included in the boundaries
19509	19509	of the district will benefit from the works and projects
19510	19510	accomplished by the district under the powers conferred by Section
19511	19511	59, Article XVI, Texas Constitution.
19512	19512	(c) The accomplishment of the purposes stated in this
19513	19513	chapter is for the benefit of the people of this state and for the
19514	19514	improvement of their property and industries. The district, in
19515	19515	carrying out the purposes of this chapter, will be performing an
19516	19516	essential public function under the constitution. (Acts 65th Leg.,
19517	19517	R.S., Ch. 714, Secs. 3, 22 (part).)
19518	19518	Sec. 8288.004. LIBERAL CONSTRUCTION OF CHAPTER. This
19519	19519	chapter shall be liberally construed to effect the purposes,
19520	19520	powers, rights, and functions stated in this chapter. (Acts 65th
19521	19521	Leg., R.S., Ch. 714, Sec. 23 (part).)
19522	19522	Sec. 8288.005. DISTRICT TERRITORY. (a) The district is
19523	19523	composed of the territory described by Section 1, Chapter 714, Acts
19524	19524	of the 65th Legislature, Regular Session, 1977, as that territory
19525	19525	may have been modified under:
19526	19526	(1) Subchapter H, Chapter 54, Water Code;
19527	19527	(2) Subchapter J, Chapter 49, Water Code; or
19528	19528	(3) other law.
19529	19529	(b) The boundaries of the district form a closure. A
19530	19530	mistake in copying the field notes in the legislative process or
19531	19531	another mistake in the field notes does not affect:
19532	19532	(1) the district's organization, existence, or
19533	19533	validity;
19534	19534	(2) the district's right to issue bonds or to pay the
19535	19535	principal of and interest on the bonds;
19536	19536	(3) the district's right to impose a tax; or
19537	19537	(4) the legality or operation of the district or the
19538	19538	board.
19539	19539	(c) The board may redefine the boundaries of the district to
19540	19540	correct any mistake in the field notes appearing in Section 1,
19541	19541	Chapter 714, Acts of the 65th Legislature, Regular Session, 1977.
19542	19542	(Acts 65th Leg., R.S., Ch. 714, Sec. 2; New.)
19543	19543	[Sections 8288.006-8288.050 reserved for expansion]
19544	19544	SUBCHAPTER B. BOARD OF DIRECTORS
19545	19545	Sec. 8288.051. COMPOSITION OF BOARD; TERMS. (a) The
19546	19546	district is governed by a board of nine elected directors, each of
19547	19547	whom occupies a numbered place on the board.
19548	19548	(b) Directors serve staggered terms.
19549	19549	(c) Director elections must be held in the manner provided
19550	19550	in the Water Code for municipal utility districts. (Acts 65th Leg.,
19551	19551	R.S., Ch. 714, Sec. 4(a) (part).)
19552	19552	Sec. 8288.052. QUALIFICATIONS FOR OFFICE. To be eligible to
19553	19553	be elected or to serve as a director, a person must be a resident,
19554	19554	qualified voter of the district. (Acts 65th Leg., R.S., Ch. 714,
19555	19555	Sec. 4(b).)
19556	19556	Sec. 8828.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a)
19557	19557	The district shall act through orders or resolutions adopted by the
19558	19558	board.
19559	19559	(b) All directors are entitled to vote.
19560	19560	(c) The affirmative vote of a majority of the directors in
19561	19561	attendance, but not fewer than five directors, is necessary to
19562	19562	adopt an order or resolution. (Acts 65th Leg., R.S., Ch. 714, Sec.
19563	19563	4(g).)
19564	19564	Sec. 8288.054. OFFICERS AND ASSISTANTS. (a) The board
19565	19565	shall elect a president, vice president, secretary, and treasurer.
19566	19566	(b) The board shall elect the president and vice president
19567	19567	from among the directors.
19568	19568	(c) The president serves for a one-year term.
19569	19569	(d) The offices of secretary and treasurer:
19570	19570	(1) may be held by one person; and
19571	19571	(2) are not required to be held by a director.
19572	19572	(e) The board may appoint one or more assistant officers who
19573	19573	are not required to be directors. (Acts 65th Leg., R.S., Ch. 714,
19574	19574	Sec. 4(f) (part).)
19575	19575	Sec. 8288.055. OFFICER DUTIES. (a) The board president
19576	19576	shall preside at board meetings and perform other duties prescribed
19577	19577	by the board.
19578	19578	(b) The board secretary is the official custodian of the
19579	19579	minutes, books, records, and seal of the board and shall perform
19580	19580	other duties and functions prescribed by the board.
19581	19581	(c) The board treasurer shall perform duties and functions
19582	19582	prescribed by the board.
19583	19583	(d) An assistant officer may perform any duties or functions
19584	19584	as may be prescribed by the board. (Acts 65th Leg., R.S., Ch. 714,
19585	19585	Sec. 4(f) (part).)
19586	19586	Sec. 8288.056. MEETINGS. The board shall have regular
19587	19587	meetings at times specified by board resolution or bylaws and shall
19588	19588	have special meetings when called by the board president or by any
19589	19589	three directors. (Acts 65th Leg., R.S., Ch. 714, Sec. 4(h).)
19590	19590	[Sections 8288.057-8288.100 reserved for expansion]
19591	19591	SUBCHAPTER C. POWERS AND DUTIES
19592	19592	Sec. 8288.101. DISTRICT POWERS. The district may exercise
19593	19593	any power necessary or appropriate to achieve the purposes of this
19594	19594	chapter, including the power to:
19595	19595	(1) adopt an official seal;
19596	19596	(2) adopt and enforce:
19597	19597	(A) bylaws and rules for the conduct of its
19598	19598	affairs; and
19599	19599	(B) any rule that a municipal utility district
19600	19600	may adopt and enforce under Section 54.205 et seq., Water Code;
19601	19601	(3) acquire, hold, use, invest, reinvest, and dispose
19602	19602	of its receipts and money from any source;
19603	19603	(4) select a depository or depositories;
19604	19604	(5) acquire, own, rent, lease, accept, hold, or
19605	19605	dispose of property or an interest in property, including a right or
19606	19606	easement, by purchase, exchange, gift, assignment, condemnation,
19607	19607	sale, lease, or other means, in performing a duty or exercising a
19608	19608	power under this chapter;
19609	19609	(6) hold, manage, operate, or improve property;
19610	19610	(7) lease or rent any land, buildings, structures, or
19611	19611	facilities from or to any person;
19612	19612	(8) sell, assign, lease, encumber, mortgage, or
19613	19613	otherwise dispose of property or an interest in property, and
19614	19614	release or relinquish a right, title, claim, lien, interest,
19615	19615	easement, or demand, regardless of the manner in which acquired,
19616	19616	and conduct a transaction authorized by this subdivision by public
19617	19617	or private sale, notwithstanding any other law;
19618	19618	(9) in the manner and to the extent permitted by this
19619	19619	chapter:
19620	19620	(A) borrow money for a corporate purpose;
19621	19621	(B) enter into an agreement in connection with
19622	19622	the borrowing;
19623	19623	(C) issue bonds for money borrowed;
19624	19624	(D) provide for and secure the payment of the
19625	19625	bonds; and
19626	19626	(E) provide for the rights of the holders of the
19627	19627	bonds;
19628	19628	(10) request and accept an appropriation, grant,
19629	19629	allocation, subsidy, guaranty, aid, service, material, or gift from
19630	19630	any public or private source, including the federal government, the
19631	19631	state, a public agency, or a political subdivision;
19632	19632	(11) operate and maintain an office; and
19633	19633	(12) appoint and determine the duties, tenure,
19634	19634	qualifications, and compensation of officers, employees, agents,
19635	19635	and professional advisors and counselors considered necessary or
19636	19636	advisable by the board, including financial consultants,
19637	19637	accountants, attorneys, architects, engineers, appraisers, and
19638	19638	financing experts. (Acts 65th Leg., R.S., Ch. 714, Sec. 10 (part).)
19639	19639	Sec. 8288.102. GENERAL POWERS REGARDING WATER. The
19640	19640	district has all rights, powers, and privileges necessary or useful
19641	19641	to enable it to acquire, provide, supply, deliver, and sell potable
19642	19642	water inside or outside its boundaries for any beneficial purpose.
19643	19643	(Acts 65th Leg., R.S., Ch. 714, Sec. 6.)
19644	19644	Sec. 8288.103. GENERAL POWERS REGARDING WASTE. The
19645	19645	district has all rights, powers, and privileges necessary or useful
19646	19646	to enable it to collect, transport, dispose of, and control
19647	19647	domestic, industrial, or communal wastes, whether in fluid, solid,
19648	19648	or composite state. (Acts 65th Leg., R.S., Ch. 714, Sec. 7.)
19649	19649	Sec. 8288.104. GENERAL POWERS REGARDING GARBAGE COLLECTION
19650	19650	AND DISPOSAL. The district has all rights, powers, and privileges
19651	19651	necessary or useful to enable it to provide for garbage collection
19652	19652	and disposal in all or part of the district on terms and at rates and
19653	19653	charges the board considers just and reasonable to:
19654	19654	(1) preserve the water of rivers and streams in this
19655	19655	state; and
19656	19656	(2) aid in the preservation and conservation of the
19657	19657	natural resources of this state. (Acts 65th Leg., R.S., Ch. 714,
19658	19658	Sec. 8.)
19659	19659	Sec. 8288.105. GENERAL CONTRACT POWERS. (a) The district
19660	19660	may enter into and enforce a contract or agreement necessary or
19661	19661	convenient to the exercise of the powers, rights, privileges, and
19662	19662	functions conferred on the district by this chapter or the general
19663	19663	law, including a contract or agreement with any person as the board
19664	19664	considers necessary or proper for, or in connection with, any power
19665	19665	or function of the district for:
19666	19666	(1) the purchase or sale of water;
19667	19667	(2) the collection, transportation, processing, or
19668	19668	disposal of waste; or
19669	19669	(3) the construction, acquisition, ownership,
19670	19670	financing, operation, maintenance, sale, leasing to or from, or
19671	19671	other use or disposition of any facilities authorized to be
19672	19672	developed, acquired, or constructed under this chapter or the
19673	19673	general law.
19674	19674	(b) The authority to enter into or enforce the contract or
19675	19675	agreement includes the authority to enter into or enforce a
19676	19676	contract or agreement regarding:
19677	19677	(1) any improvements, structures, facilities,
19678	19678	equipment, and other property of any kind in connection with the
19679	19679	subject of the contract or agreement;
19680	19680	(2) any land, leaseholds, and easements; and
19681	19681	(3) any interests in the property.
19682	19682	(c) The contract or agreement:
19683	19683	(1) may not have a term of more than 40 years; and
19684	19684	(2) may contain provisions the board determines to be
19685	19685	in the best interest of the district.
19686	19686	(d) The district may pledge all or part of its revenue to the
19687	19687	payment of its obligations under the contract or agreement to the
19688	19688	same extent and on the same conditions as it may pledge revenue to
19689	19689	secure district bonds. (Acts 65th Leg., R.S., Ch. 714, Sec. 9(a).)
19690	19690	Sec. 8288.106. AUTHORITY OF PUBLIC AGENCIES AND POLITICAL
19691	19691	SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency or
19692	19692	political subdivision of this state may enter into a contract or
19693	19693	agreement with the district, on terms agreed to by the parties, for:
19694	19694	(1) the purchase or sale of water;
19695	19695	(2) waste collection, transportation, processing, or
19696	19696	disposal; or
19697	19697	(3) any purpose relating to the district's powers or
19698	19698	functions. (Acts 65th Leg., R.S., Ch. 714, Sec. 9(b) (part).)
19699	19699	Sec. 8288.107. CONVEYANCE OF PROPERTY TO DISTRICT. A public
19700	19700	agency or political subdivision of this state may lease, sell, or
19701	19701	otherwise convey to the district, for any consideration that the
19702	19702	parties agree is adequate, any of its land, improvements, property,
19703	19703	plants, lines, or other facilities related to:
19704	19704	(1) the supply of water; or
19705	19705	(2) waste collection, transportation, processing, or
19706	19706	disposal. (Acts 65th Leg., R.S., Ch. 714, Sec. 9(b) (part).)
19707	19707	Sec. 8288.108. ACQUISITION OF EXISTING FACILITIES. If the
19708	19708	district acquires existing works, improvements, facilities,
19709	19709	plants, equipment, or appliances that are completed, partially
19710	19710	created, or under construction, the district may:
19711	19711	(1) assume the contracts and obligations of the
19712	19712	previous owner; and
19713	19713	(2) perform the obligations of the previous owner in
19714	19714	the same manner and to the same extent that any other purchaser or
19715	19715	assignee would be bound. (Acts 65th Leg., R.S., Ch. 714, Sec. 9(c).)
19716	19716	Sec. 8288.109. EMINENT DOMAIN. (a) To carry out a power
19717	19717	conferred by this chapter, the district may exercise the power of
19718	19718	eminent domain inside or outside the district to acquire the fee
19719	19719	simple title to land, or any other interest in land as determined by
19720	19720	the board, and other property and easements, necessary for water
19721	19721	wells, water or sewer treatment plants, water or sewer lines,
19722	19722	pumping stations and force mains, storage tanks, or other similar
19723	19723	facilities.
19724	19724	(b) The district must exercise the power of eminent domain
19725	19725	in the manner provided by Chapter 21, Property Code. (Acts 65th
19726	19726	Leg., R.S., Ch. 714, Sec. 11(a) (part).)
19727	19727	Sec. 8288.110. COST OF RELOCATING OR ALTERING PROPERTY;
19728	19728	RIGHTS-OF-WAY AND EASEMENTS. (a) If the district's exercise of its
19729	19729	eminent domain, police, or other power requires relocating,
19730	19730	raising, lowering, rerouting, or changing the grade of or altering
19731	19731	the construction of any highway, railroad, electric, transmission,
19732	19732	telegraph, or telephone line, conduit, pole, property, or facility
19733	19733	or pipeline, the action shall be accomplished at the sole expense of
19734	19734	the district. The term "sole expense" means the actual cost of the
19735	19735	lowering, rerouting, or change in grade or alteration of
19736	19736	construction to provide a comparable replacement without enhancing
19737	19737	the facility, after deducting from the cost the net salvage value
19738	19738	derived from the old facility.
19739	19739	(b) The district has all necessary or useful rights-of-way
19740	19740	and easements along, over, under, and across all public, state,
19741	19741	municipal, and county roads, highways, and places for any of its
19742	19742	purposes. The district shall restore a used facility to its
19743	19743	previous condition as nearly as possible at the sole expense of the
19744	19744	district. (Acts 65th Leg., R.S., Ch. 714, Secs. 11(c), (d).)
19745	19745	[Sections 8288.111-8288.150 reserved for expansion]
19746	19746	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
19747	19747	Sec. 8288.151. IMPOSITION OF MAINTENANCE TAX; PROHIBITION
19748	19748	ON OTHER TAXES OR ASSESSMENTS. (a) The district may impose a tax,
19749	19749	not to exceed 10 cents on each $100 of the assessed value of taxable
19750	19750	property in the district according to the most recent certified tax
19751	19751	appraisal roll of the district, for:
19752	19752	(1) maintenance purposes, including money for
19753	19753	studying, planning, maintaining, repairing, and operating all
19754	19754	necessary plants, works, facilities, improvements, appliances, and
19755	19755	equipment of the district;
19756	19756	(2) paying costs of proper services, engineering, and
19757	19757	legal fees; and
19758	19758	(3) organization and administrative expenses.
19759	19759	(b) The district may not impose a maintenance tax unless the
19760	19760	tax is approved by a majority of the voters voting at an election
19761	19761	held for that purpose.
19762	19762	(c) Except for the maintenance tax authorized by this
19763	19763	section, the district may not under this chapter or any other law
19764	19764	levy or collect a tax or assessment or create a debt payable from a
19765	19765	tax or assessment. (Acts 65th Leg., R.S., Ch. 714, Secs. 12(a), (b)
19766	19766	(part), (c).)
19767	19767	Sec. 8288.152. ELECTION TO IMPOSE TAX. (a) The board may
19768	19768	order an election to impose a maintenance tax. The election order
19769	19769	must specify:
19770	19770	(1) the time and place of the election;
19771	19771	(2) the maximum amount of tax to be authorized;
19772	19772	(3) the form of the ballot; and
19773	19773	(4) other matters the board considers necessary or
19774	19774	advisable.
19775	19775	(b) Notice of the election must be given by publishing once
19776	19776	a week for two consecutive weeks a substantial copy of the election
19777	19777	order in a newspaper of general circulation in the district. The
19778	19778	first publication must occur at least 14 days before the date of the
19779	19779	election. (Acts 65th Leg., R.S., Ch. 714, Sec. 12(b) (part).)
19780	19780	Sec. 8288.153. DEPOSITORY. (a) The board shall designate
19781	19781	one or more banks inside or outside the district to serve as the
19782	19782	depository for the district's money.
19783	19783	(b) All district money shall be deposited in the depository
19784	19784	designated by the board, except that:
19785	19785	(1) bond proceeds and money pledged to pay bonds, to
19786	19786	the extent provided in a resolution or trust indenture authorizing
19787	19787	or securing district bonds, may be deposited with another bank or
19788	19788	trustee named in the bond resolution or trust indenture; and
19789	19789	(2) money shall be remitted to each paying agent for
19790	19790	the payment of principal of and interest on the bonds.
19791	19791	(c) To the extent that money in a depository bank or the
19792	19792	trustee bank is not insured by the Federal Deposit Insurance
19793	19793	Corporation, the money must be secured in the manner provided by law
19794	19794	for the security of the county funds in this state. (Acts 65th
19795	19795	Leg., R.S., Ch. 714, Sec. 19 (part).)
19796	19796	Sec. 8288.154. INVESTMENT OF DISTRICT MONEY. The board may
19797	19797	invest district money in obligations and make time deposits of
19798	19798	district money in a manner determined by the board or in the manner
19799	19799	permitted or required in a resolution or trust indenture
19800	19800	authorizing or securing district bonds. (Acts 65th Leg., R.S., Ch.
19801	19801	714, Sec. 19 (part).)
19802	19802	Sec. 8288.155. DISTRICT FACILITIES EXEMPT FROM TAXATION AND
19803	19803	ASSESSMENT. The district is not required to pay a tax or assessment
19804	19804	on its facilities or any part of its facilities. (Acts 65th Leg.,
19805	19805	R.S., Ch. 714, Sec. 22 (part).)
19806	19806	[Sections 8288.156-8288.200 reserved for expansion]
19807	19807	SUBCHAPTER E. BONDS
19808	19808	Sec. 8288.201. AUTHORITY TO ISSUE BONDS. (a) The district
19809	19809	may issue bonds payable from and secured by district revenue to
19810	19810	carry out any power conferred by this chapter. The bonds must be
19811	19811	authorized by a board resolution.
19812	19812	(b) The bonds must be issued in the manner and under the
19813	19813	terms of the resolution authorizing the issuance of the bonds.
19814	19814	(Acts 65th Leg., R.S., Ch. 714, Secs. 15(a) (part), (b) (part).)
19815	19815	Sec. 8288.202. FORM OF BONDS. District bonds must be:
19816	19816	(1) issued in the district's name;
19817	19817	(2) signed by the president or vice president; and
19818	19818	(3) attested by the secretary. (Acts 65th Leg., R.S.,
19819	19819	Ch. 714, Sec. 15(b) (part).)
19820	19820	Sec. 8288.203. MATURITY. District bonds must mature not
19821	19821	later than 40 years after the date of their issuance. (Acts 65th
19822	19822	Leg., R.S., Ch. 714, Sec. 15(b) (part).)
19823	19823	Sec. 8288.204. BONDS SECURED BY REVENUE; ADDITIONAL BONDS.
19824	19824	(a) District bonds may be secured by a pledge of all or part of the
19825	19825	district's revenue, or by all or part of the payments or rentals
19826	19826	under one or more contracts or leases specified by board resolution
19827	19827	or a trust indenture securing the bonds.
19828	19828	(b) A resolution authorizing the issuance of bonds secured
19829	19829	by a pledge of revenue of all or part of the district's facilities
19830	19830	may provide that the district shall first pay the expenses of
19831	19831	operating and maintaining all or part of the facilities as the board
19832	19832	considers appropriate before paying the principal of and interest
19833	19833	on the bonds.
19834	19834	(c) In a resolution authorizing the issuance of bonds
19835	19835	secured by revenue, contract payments, or lease rentals, the
19836	19836	district may reserve the right, under conditions specified by the
19837	19837	resolution, to issue additional bonds that will be on a parity with,
19838	19838	superior to, or subordinate to the bonds then being issued. (Acts
19839	19839	65th Leg., R.S., Ch. 714, Sec. 15(d).)
19840	19840	Sec. 8288.205. ADDITIONAL SECURITY. (a) District bonds
19841	19841	may be additionally secured, at the discretion of the board, by a
19842	19842	deed of trust or mortgage lien on all or part of the district's
19843	19843	physical property, facilities, easements, water rights and
19844	19844	appropriation permits, leases, contracts, and all rights
19845	19845	appurtenant to the property, vesting in the trustee power to:
19846	19846	(1) sell the property for the payment of the debt;
19847	19847	(2) operate the property; and
19848	19848	(3) take other action to further secure the bonds.
19849	19849	(b) A purchaser under a sale under the deed of trust lien, if
19850	19850	one is given:
19851	19851	(1) is the absolute owner of the property, facilities,
19852	19852	and rights purchased; and
19853	19853	(2) is entitled to maintain and operate the property,
19854	19854	facilities, and rights. (Acts 65th Leg., R.S., Ch. 714, Sec. 16
19855	19855	(part).)
19856	19856	Sec. 8288.206. TRUST INDENTURE. District bonds authorized
19857	19857	by this chapter, including refunding bonds, may be additionally
19858	19858	secured by a trust indenture. The trustee may be a bank with trust
19859	19859	powers that is located inside or outside the state. (Acts 65th
19860	19860	Leg., R.S., Ch. 714, Sec. 16 (part).)
19861	19861	Sec. 8288.207. CHARGES FOR DISTRICT SERVICES. If district
19862	19862	bonds payable wholly from revenue are issued, the board shall set
19863	19863	and revise the rates, fees, and charges assessed for water sold and
19864	19864	waste collection and treatment services provided by the district.
19865	19865	The rates, fees, and charges must be sufficient to:
19866	19866	(1) pay the expense of operating and maintaining the
19867	19867	district facilities that generate the revenue from which the bonds
19868	19868	will be paid;
19869	19869	(2) pay the principal of and interest on the bonds when
19870	19870	due; and
19871	19871	(3) maintain the reserve fund and other funds as
19872	19872	provided in the resolution authorizing the bonds. (Acts 65th Leg.,
19873	19873	R.S., Ch. 714, Sec. 15(e) (part).)
19874	19874	Sec. 8288.208. STATE PLEDGE REGARDING RIGHTS AND REMEDIES
19875	19875	OF BONDHOLDERS. Without depriving this state of its power to
19876	19876	regulate and control the rates, fees, and charges assessed for
19877	19877	water sold and waste collection and treatment services provided by
19878	19878	the district, the state pledges to and agrees with the holders of
19879	19879	district bonds that the state will not exercise its power to
19880	19880	regulate and control the rates, fees, and charges in any way that
19881	19881	would impair the rights or remedies of the holders of the bonds.
19882	19882	(Acts 65th Leg., R.S., Ch. 714, Sec. 15(e) (part).)
19883	19883	Sec. 8288.209. USE OF BOND PROCEEDS. (a) The district may
19884	19884	set aside an amount of proceeds from the sale of district bonds for:
19885	19885	(1) the payment of interest expected to accrue during
19886	19886	construction not to exceed three years;
19887	19887	(2) a debt service reserve fund; and
19888	19888	(3) other funds as may be provided in the resolution
19889	19889	authorizing the bonds or in the trust indenture.
19890	19890	(b) The district may use proceeds from the sale of the bonds
19891	19891	to pay any expense necessarily incurred in accomplishing the
19892	19892	purpose of the district, including any expense of issuing and
19893	19893	selling the bonds. (Acts 65th Leg., R.S., Ch. 714, Sec. 15(f).)
19894	19894	Sec. 8288.210. APPOINTMENT OF RECEIVER. (a) On default or
19895	19895	threatened default in the payment of the principal of or interest on
19896	19896	district bonds that are payable wholly or partly from revenue, a
19897	19897	court may, on petition of the holders of at least 25 percent of the
19898	19898	district's outstanding revenue bonds, appoint a receiver for the
19899	19899	district.
19900	19900	(b) The receiver may collect and receive all district
19901	19901	revenue, other than taxes, employ and discharge district agents and
19902	19902	employees, and take charge of money on hand, other than money
19903	19903	received from taxes, unless commingled, and or hindrance by the
19904	19904	board.
19905	19905	(c) The receiver may be authorized to sell or contract for
19906	19906	the sale of water or the collection or treatment of waste or to
19907	19907	renew contracts with the approval of the court that appointed the
19908	19908	receiver.
19909	19909	(d) The court may vest the receiver with any other power or
19910	19910	duty the court finds necessary to protect the holders of the bonds.
19911	19911	(Acts 65th Leg., R.S., Ch. 714, Sec. 15(g) (part).)
19912	19912	Sec. 8288.211. REFUNDING BONDS. (a) The district may issue
19913	19913	refunding bonds to refund outstanding district bonds and interest
19914	19914	on those bonds. Refunding bonds may be issued without an election.
19915	19915	(b) Refunding bonds may:
19916	19916	(1) be issued to refund bonds of more than one series;
19917	19917	(2) combine the pledges for the outstanding bonds for
19918	19918	the security of the refunding bonds; or
19919	19919	(3) be secured by a pledge of other or additional
19920	19920	revenue or mortgage liens.
19921	19921	(c) The provisions of this subchapter regarding the
19922	19922	issuance of other bonds, their security, and the remedies of the
19923	19923	holders apply to refunding bonds.
19924	19924	(d) The comptroller shall register the refunding bonds on
19925	19925	the surrender and cancellation of the bonds to be refunded.
19926	19926	(e) Instead of issuing bonds to be registered on the
19927	19927	surrender and cancellation of the bonds to be refunded, the
19928	19928	district, in the resolution authorizing the issuance of the
19929	19929	refunding bonds, may provide for the sale of the refunding bonds and
19930	19930	the deposit of the proceeds in a bank at which the bonds to be
19931	19931	refunded are payable. In that case, the refunding bonds may be
19932	19932	issued in an amount sufficient to pay the principal of and interest
19933	19933	and any required redemption premium on the bonds to be refunded to
19934	19934	any redemption date or to their maturity date, and the comptroller
19935	19935	shall register the refunding bonds without the surrender and
19936	19936	cancellation of the bonds to be refunded.
19937	19937	(f) The district may also issue refunding bonds under any
19938	19938	other applicable law. (Acts 65th Leg., R.S., Ch. 714, Sec. 17.)
19939	19939	Sec. 8288.212. OTHER REMEDIES AND COVENANTS. The
19940	19940	resolution authorizing the issuance of any district bonds
19941	19941	authorized under this chapter, including refunding bonds, or the
19942	19942	trust indenture securing the bonds, may provide other remedies and
19943	19943	covenants the board considers necessary to issue the bonds on the
19944	19944	most favorable terms. (Acts 65th Leg., R.S., Ch. 714, Sec. 15(h).)
19945	19945	Sec. 8288.213. LIMITATION ON RIGHTS OF BONDHOLDERS. The
19946	19946	resolution authorizing the bonds or the trust indenture securing
19947	19947	the bonds may limit or qualify the rights of the holders of less
19948	19948	than all of the outstanding bonds payable from the same source to
19949	19949	institute or prosecute litigation affecting the district's
19950	19950	property or income. (Acts 65th Leg., R.S., Ch. 714, Sec. 15(g)
19951	19951	(part).)
19952	19952	Sec. 8288.214. BONDS EXEMPT FROM TAXATION. A district
19953	19953	bond, the transfer of the bond, and the income from the bond,
19954	19954	including profits made on the sale of the bond, are exempt from
19955	19955	taxation in this state. (Acts 65th Leg., R.S., Ch. 714, Sec. 22
19956	19956	(part).)
19957	19957	CHAPTER 8289. MEMORIAL POINT UTILITY DISTRICT
19958	19958	SUBCHAPTER A. GENERAL PROVISIONS
19959	19959	Sec. 8289.001. DEFINITIONS
19960	19960	Sec. 8289.002. NATURE OF DISTRICT
19961	19961	Sec. 8289.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
19962	19962	Sec. 8289.004. DISTRICT TERRITORY
19963	19963	[Sections 8289.005-8289.050 reserved for expansion]
19964	19964	SUBCHAPTER B. BOARD OF DIRECTORS
19965	19965	Sec. 8289.051. COMPOSITION OF BOARD
19966	19966	[Sections 8289.052-8289.100 reserved for expansion]
19967	19967	SUBCHAPTER C. POWERS AND DUTIES
19968	19968	Sec. 8289.101. MUNICIPAL UTILITY DISTRICT POWERS
19969	19969	CHAPTER 8289. MEMORIAL POINT UTILITY DISTRICT
19970	19970	SUBCHAPTER A. GENERAL PROVISIONS
19971	19971	Sec. 8289.001. DEFINITIONS. In this chapter:
19972	19972	(1) "Board" means the district's board of directors.
19973	19973	(2) "Director" means a member of the board.
19974	19974	(3) "District" means the Memorial Point Utility
19975	19975	District. (Acts 62nd Leg., R.S., Ch. 423, Sec. 1 (part); New.)
19976	19976	Sec. 8289.002. NATURE OF DISTRICT. The district is a
19977	19977	conservation and reclamation district in Polk County created under
19978	19978	Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., R.S.,
19979	19979	Ch. 423, Sec. 1 (part).)
19980	19980	Sec. 8289.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
19981	19981	The district is created to serve a public use and benefit.
19982	19982	(b) All land and other property included in the boundaries
19983	19983	of the district will benefit from the works and projects
19984	19984	accomplished by the district under the powers conferred by Section
19985	19985	59, Article XVI, Texas Constitution.
19986	19986	(c) The creation of the district is essential to accomplish
19987	19987	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
19988	19988	62nd Leg., R.S., Ch. 423, Secs. 1 (part), 3.)
19989	19989	Sec. 8289.004. DISTRICT TERRITORY. (a) The district is
19990	19990	composed of the territory described by Section 4, Chapter 423, Acts
19991	19991	of the 62nd Legislature, Regular Session, 1971, as that territory
19992	19992	may have been modified under:
19993	19993	(1) Subchapter H, Chapter 54, Water Code;
19994	19994	(2) Subchapter J, Chapter 49, Water Code; or
19995	19995	(3) other law.
19996	19996	(b) The boundaries and field notes of the district form a
19997	19997	closure. A mistake in copying the field notes in the legislative
19998	19998	process or another mistake in the field notes does not affect:
19999	19999	(1) the district's organization, existence, or
20000	20000	validity;
20001	20001	(2) the district's right to issue any type of bond for
20002	20002	a purpose for which the district is created or to pay the principal
20003	20003	of and interest on the bond;
20004	20004	(3) the district's right to impose a tax; or
20005	20005	(4) the legality or operation of the district or its
20006	20006	governing body. (Acts 62nd Leg., R.S., Ch. 423, Sec. 2; New.)
20007	20007	[Sections 8289.005-8289.050 reserved for expansion]
20008	20008	SUBCHAPTER B. BOARD OF DIRECTORS
20009	20009	Sec. 8289.051. COMPOSITION OF BOARD. The board of
20010	20010	directors is composed of five elected directors. (Acts 62nd Leg.,
20011	20011	R.S., Ch. 423, Sec. 6 (part).)
20012	20012	[Sections 8289.052-8289.100 reserved for expansion]
20013	20013	SUBCHAPTER C. POWERS AND DUTIES
20014	20014	Sec. 8289.101. MUNICIPAL UTILITY DISTRICT POWERS. The
20015	20015	district has the rights, powers, privileges, and functions
20016	20016	conferred by general law applicable to a municipal utility
20017	20017	district, including Chapters 49 and 54, Water Code. (Acts 62nd
20018	20018	Leg., R.S., Ch. 423, Sec. 5 (part); New.)
20019	20019	CHAPTER 8290. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
20020	20020	SUBCHAPTER A. GENERAL PROVISIONS
20021	20021	Sec. 8290.001. DEFINITIONS
20022	20022	Sec. 8290.002. NATURE OF DISTRICT
20023	20023	Sec. 8290.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
20024	20024	Sec. 8290.004. DISTRICT TERRITORY
20025	20025	[Sections 8290.005-8290.050 reserved for expansion]
20026	20026	SUBCHAPTER B. BOARD OF DIRECTORS
20027	20027	Sec. 8290.051. COMPOSITION OF BOARD
20028	20028	[Sections 8290.052-8290.100 reserved for expansion]
20029	20029	SUBCHAPTER C. POWERS AND DUTIES
20030	20030	Sec. 8290.101. MUNICIPAL UTILITY DISTRICT POWERS
20031	20031	CHAPTER 8290. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
20032	20032	SUBCHAPTER A. GENERAL PROVISIONS
20033	20033	Sec. 8290.001. DEFINITIONS. In this chapter:
20034	20034	(1) "Board" means the district's board of directors.
20035	20035	(2) "Director" means a member of the board.
20036	20036	(3) "District" means the Montgomery County Municipal
20037	20037	Utility District No. 6. (Acts 62nd Leg., R.S., Ch. 693, Sec. 1
20038	20038	(part); New.)
20039	20039	Sec. 8290.002. NATURE OF DISTRICT. The district is a
20040	20040	conservation and reclamation district in Montgomery County created
20041	20041	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
20042	20042	Leg., R.S., Ch. 693, Sec. 1 (part).)
20043	20043	Sec. 8290.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
20044	20044	The district is created to serve a public use and benefit.
20045	20045	(b) All land and other property included in the boundaries
20046	20046	of the district will benefit from the works and projects
20047	20047	accomplished by the district under the powers conferred by Section
20048	20048	59, Article XVI, Texas Constitution.
20049	20049	(c) The creation of the district is essential to accomplish
20050	20050	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
20051	20051	62nd Leg., R.S., Ch. 693, Secs. 1 (part), 3.)
20052	20052	Sec. 8290.004. DISTRICT TERRITORY. (a) The district is
20053	20053	composed of the territory described by Section 4, Chapter 693, Acts
20054	20054	of the 62nd Legislature, Regular Session, 1971, as that territory
20055	20055	may have been modified under:
20056	20056	(1) Subchapter H, Chapter 54, Water Code;
20057	20057	(2) Subchapter J, Chapter 49, Water Code; or
20058	20058	(3) other law.
20059	20059	(b) The boundaries and field notes of the district form a
20060	20060	closure. A mistake in copying the field notes in the legislative
20061	20061	process or another mistake in the field notes does not affect:
20062	20062	(1) the district's organization, existence, or
20063	20063	validity;
20064	20064	(2) the district's right to issue any type of bonds for
20065	20065	a purpose for which the district is created or to pay the principal
20066	20066	of and interest on the bonds;
20067	20067	(3) the district's right to impose a tax; or
20068	20068	(4) the legality or operation of the district or its
20069	20069	governing body. (Acts 62nd Leg., R.S., Ch. 693, Sec. 2; New.)
20070	20070	[Sections 8290.005-8290.050 reserved for expansion]
20071	20071	SUBCHAPTER B. BOARD OF DIRECTORS
20072	20072	Sec. 8290.051. COMPOSITION OF BOARD. The board of
20073	20073	directors is composed of five elected directors. (Acts 62nd Leg.,
20074	20074	R.S., Ch. 693, Sec. 6 (part).)
20075	20075	[Sections 8290.052-8290.100 reserved for expansion]
20076	20076	SUBCHAPTER C. POWERS AND DUTIES
20077	20077	Sec. 8290.101. MUNICIPAL UTILITY DISTRICT POWERS. The
20078	20078	district has the rights, powers, privileges, and functions
20079	20079	conferred by general law applicable to a municipal utility
20080	20080	district, including Chapters 49 and 54, Water Code. (Acts 62nd
20081	20081	Leg., R.S., Ch. 693, Sec. 5 (part); New.)
20082	20082	CHAPTER 8291. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
20083	20083	SUBCHAPTER A. GENERAL PROVISIONS
20084	20084	Sec. 8291.001. DEFINITIONS
20085	20085	Sec. 8291.002. NATURE OF DISTRICT
20086	20086	Sec. 8291.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
20087	20087	Sec. 8291.004. DISTRICT TERRITORY
20088	20088	[Sections 8291.005-8291.050 reserved for expansion]
20089	20089	SUBCHAPTER B. BOARD OF DIRECTORS
20090	20090	Sec. 8291.051. COMPOSITION OF BOARD
20091	20091	[Sections 8291.052-8291.100 reserved for expansion]
20092	20092	SUBCHAPTER C. POWERS AND DUTIES
20093	20093	Sec. 8291.101. MUNICIPAL UTILITY DISTRICT POWERS
20094	20094	CHAPTER 8291. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
20095	20095	SUBCHAPTER A. GENERAL PROVISIONS
20096	20096	Sec. 8291.001. DEFINITIONS. In this chapter:
20097	20097	(1) "Board" means the district's board of directors.
20098	20098	(2) "Director" means a member of the board.
20099	20099	(3) "District" means the Montgomery County Municipal
20100	20100	Utility District No. 7. (Acts 62nd Leg., R.S., Ch. 694, Sec. 1
20101	20101	(part); New.)
20102	20102	Sec. 8291.002. NATURE OF DISTRICT. The district is a
20103	20103	conservation and reclamation district in Montgomery County created
20104	20104	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
20105	20105	R.S., Ch. 694, Sec. 1 (part).)
20106	20106	Sec. 8291.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
20107	20107	The district is created to serve a public use and benefit.
20108	20108	(b) All land and other property included in the boundaries
20109	20109	of the district will benefit from the works and projects
20110	20110	accomplished by the district under the powers conferred by Section
20111	20111	59, Article XVI, Texas Constitution.
20112	20112	(c) The creation of the district is essential to accomplish
20113	20113	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
20114	20114	62nd Leg., R.S., Ch. 694, Secs. 1 (part), 3.)
20115	20115	Sec. 8291.004. DISTRICT TERRITORY. (a) The district is
20116	20116	composed of the territory described by Section 4, Chapter 694, Acts
20117	20117	of the 62nd Legislature, Regular Session, 1971, as that territory
20118	20118	may have been modified under:
20119	20119	(1) Subchapter H, Chapter 54, Water Code;
20120	20120	(2) Subchapter J, Chapter 49, Water Code; or
20121	20121	(3) other law.
20122	20122	(b) The boundaries and field notes of the district form a
20123	20123	closure. A mistake in copying the field notes in the legislative
20124	20124	process or another mistake in the field notes does not affect:
20125	20125	(1) the district's organization, existence, or
20126	20126	validity;
20127	20127	(2) the district's right to issue any type of bonds for
20128	20128	a purpose for which the district is created or to pay the principal
20129	20129	of and interest on the bonds;
20130	20130	(3) the district's right to impose a tax; or
20131	20131	(4) the legality or operation of the district or its
20132	20132	governing body. (Acts 62nd Leg., R.S., Ch. 694, Sec. 2; New.)
20133	20133	[Sections 8291.005-8291.050 reserved for expansion]
20134	20134	SUBCHAPTER B. BOARD OF DIRECTORS
20135	20135	Sec. 8291.051. COMPOSITION OF BOARD. The board of
20136	20136	directors is composed of five elected directors. (Acts 62nd Leg.,
20137	20137	R.S., Ch. 694, Sec. 6 (part).)
20138	20138	[Sections 8291.052-8291.100 reserved for expansion]
20139	20139	SUBCHAPTER C. POWERS AND DUTIES
20140	20140	Sec. 8291.101. MUNICIPAL UTILITY DISTRICT POWERS. The
20141	20141	district has the rights, powers, privileges, and functions
20142	20142	conferred by general law applicable to a municipal utility
20143	20143	district, including Chapters 49 and 54, Water Code. (Acts 62nd
20144	20144	Leg., R.S., Ch. 694, Sec. 5 (part); New.)
20145	20145	CHAPTER 8292. MONTGOMERY COUNTY MUNICIPAL UTILITY
20146	20146	DISTRICT NO. 67
20147	20147	SUBCHAPTER A. GENERAL PROVISIONS
20148	20148	Sec. 8292.001. DEFINITIONS
20149	20149	Sec. 8292.002. NATURE OF DISTRICT
20150	20150	Sec. 8292.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
20151	20151	Sec. 8292.004. DISTRICT TERRITORY
20152	20152	[Sections 8292.005-8292.050 reserved for expansion]
20153	20153	SUBCHAPTER B. BOARD OF DIRECTORS
20154	20154	Sec. 8292.051. COMPOSITION OF BOARD; TERMS
20155	20155	Sec. 8292.052. BOARD VACANCY
20156	20156	[Sections 8292.053-8292.100 reserved for expansion]
20157	20157	SUBCHAPTER C. POWERS AND DUTIES
20158	20158	Sec. 8292.101. MUNICIPAL UTILITY DISTRICT POWERS
20159	20159	Sec. 8292.102. WATER CONSERVATION PROGRAM
20160	20160	CHAPTER 8292. MONTGOMERY COUNTY MUNICIPAL UTILITY
20161	20161	DISTRICT NO. 67
20162	20162	SUBCHAPTER A. GENERAL PROVISIONS
20163	20163	Sec. 8292.001. DEFINITIONS. In this chapter:
20164	20164	(1) "Board" means the board of directors of the
20165	20165	district.
20166	20166	(2) "Director" means a member of the board.
20167	20167	(3) "District" means the Montgomery County Municipal
20168	20168	Utility District No. 67. (Acts 69th Leg., R.S., Ch. 756, Secs. 1(a)
20169	20169	(part), 2; New.)
20170	20170	Sec. 8292.002. NATURE OF DISTRICT. The district is a
20171	20171	conservation and reclamation district in Montgomery County created
20172	20172	under Section 59, Article XVI, Texas Constitution. (Acts 69th
20173	20173	Leg., R.S., Ch. 756, Sec. 1(a) (part).)
20174	20174	Sec. 8292.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
20175	20175	The district is created to serve a public use and benefit.
20176	20176	(b) All land and other property included in the boundaries
20177	20177	of the district will benefit from the works and projects
20178	20178	accomplished by the district under the powers conferred by Section
20179	20179	59, Article XVI, Texas Constitution.
20180	20180	(c) The creation of the district is essential to accomplish
20181	20181	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
20182	20182	69th Leg., R.S., Ch. 756, Secs. 1(b), 5.)
20183	20183	Sec. 8292.004. DISTRICT TERRITORY. (a) The district is
20184	20184	composed of the territory described by Section 3, Chapter 756, Acts
20185	20185	of the 69th Legislature, Regular Session, 1985, as that territory
20186	20186	may have been modified under:
20187	20187	(1) Subchapter H, Chapter 54, Water Code;
20188	20188	(2) Subchapter J, Chapter 49, Water Code; or
20189	20189	(3) other law.
20190	20190	(b) The boundaries and field notes of the district form a
20191	20191	closure. A mistake in the field notes or in copying the field notes
20192	20192	in the legislative process does not affect:
20193	20193	(1) the district's organization, existence, or
20194	20194	validity;
20195	20195	(2) the district's right to issue any type of bonds for
20196	20196	a purpose for which the district is created or to pay the principal
20197	20197	of and interest on the bonds;
20198	20198	(3) the district's right to impose a tax; or
20199	20199	(4) the legality or operation of the district or its
20200	20200	governing board. (Acts 69th Leg., R.S., Ch. 756, Sec. 4; New.)
20201	20201	[Sections 8292.005-8292.050 reserved for expansion]
20202	20202	SUBCHAPTER B. BOARD OF DIRECTORS
20203	20203	Sec. 8292.051. COMPOSITION OF BOARD; TERMS. (a) The
20204	20204	district is governed by a board of five elected directors.
20205	20205	(b) Directors serve staggered four-year terms. (Acts 69th
20206	20206	Leg., R.S., Ch. 756, Secs. 8(a), 10 (part).)
20207	20207	Sec. 8292.052. BOARD VACANCY. (a) Except as provided by
20208	20208	Subsection (b), if a director fails to qualify for office, the
20209	20209	remaining directors shall appoint a person to fill the vacancy
20210	20210	until the next election of directors for the district. If the
20211	20211	vacant position is not regularly scheduled to be filled at that
20212	20212	election, the person elected at that election to fill the vacancy
20213	20213	serves only for the unexpired term.
20214	20214	(b) If at any time there are fewer than three qualified
20215	20215	directors, the Texas Commission on Environmental Quality shall
20216	20216	appoint, on petition of a landowner in the district, the necessary
20217	20217	number of directors to fill all vacancies on the board. Persons
20218	20218	appointed under this subsection serve the same terms as provided
20219	20219	for persons appointed under Subsection (a). (Acts 69th Leg., R.S.,
20220	20220	Ch. 756, Sec. 8(d).)
20221	20221	[Sections 8292.053-8292.100 reserved for expansion]
20222	20222	SUBCHAPTER C. POWERS AND DUTIES
20223	20223	Sec. 8292.101. MUNICIPAL UTILITY DISTRICT POWERS. The
20224	20224	district has the rights, powers, privileges, and functions provided
20225	20225	by general law applicable to a municipal utility district created
20226	20226	under Section 59, Article XVI, Texas Constitution, including
20227	20227	Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 756,
20228	20228	Sec. 6(a) (part); New.)
20229	20229	Sec. 8292.102. WATER CONSERVATION PROGRAM. (a) In this
20230	20230	section, "program of water conservation" means the practices,
20231	20231	techniques, and technologies that will reduce water consumption,
20232	20232	reduce water loss or waste, improve efficiency in water use, or
20233	20233	increase water recycling and reuse so that a water supply is
20234	20234	available for future or alternative uses.
20235	20235	(b) The district shall adopt and implement a program of
20236	20236	water conservation consistent with rules and criteria adopted and
20237	20237	enforceable by the Texas Commission on Environmental Quality for
20238	20238	similarly situated districts in the region. (Acts 69th Leg., R.S.,
20239	20239	Ch. 756, Sec. 7.)
20240	20240	CHAPTER 8293. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
20241	20241	SUBCHAPTER A. GENERAL PROVISIONS
20242	20242	Sec. 8293.001. DEFINITIONS
20243	20243	Sec. 8293.002. NATURE OF DISTRICT
20244	20244	Sec. 8293.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
20245	20245	Sec. 8293.004. DISTRICT TERRITORY
20246	20246	[Sections 8293.005-8293.050 reserved for expansion]
20247	20247	SUBCHAPTER B. BOARD OF DIRECTORS
20248	20248	Sec. 8293.051. COMPOSITION OF BOARD
20249	20249	[Sections 8293.052-8293.100 reserved for expansion]
20250	20250	SUBCHAPTER C. POWERS AND DUTIES
20251	20251	Sec. 8293.101. MUNICIPAL UTILITY DISTRICT POWERS
20252	20252	CHAPTER 8293. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
20253	20253	SUBCHAPTER A. GENERAL PROVISIONS
20254	20254	Sec. 8293.001. DEFINITIONS. In this chapter:
20255	20255	(1) "Board" means the district's board of directors.
20256	20256	(2) "Director" means a member of the board.
20257	20257	(3) "District" means the Montgomery County Municipal
20258	20258	Utility District No. 9. (Acts 62nd Leg., R.S., Ch. 704, Sec. 1
20259	20259	(part); New.)
20260	20260	Sec. 8293.002. NATURE OF DISTRICT. The district is a
20261	20261	conservation and reclamation district in Montgomery County created
20262	20262	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
20263	20263	Leg., R.S., Ch. 704, Sec. 1 (part).)
20264	20264	Sec. 8293.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
20265	20265	The district is created to serve a public use and benefit.
20266	20266	(b) All land and other property included in the boundaries
20267	20267	of the district will benefit from the works and projects
20268	20268	accomplished by the district under the powers conferred by Section
20269	20269	59, Article XVI, Texas Constitution.
20270	20270	(c) The creation of the district is essential to accomplish
20271	20271	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
20272	20272	62nd Leg., R.S., Ch. 704, Secs. 1 (part), 3.)
20273	20273	Sec. 8293.004. DISTRICT TERRITORY. (a) The district is
20274	20274	composed of the territory described by Section 4, Chapter 704, Acts
20275	20275	of the 62nd Legislature, Regular Session, 1971, as that territory
20276	20276	may have been modified under:
20277	20277	(1) Subchapter H, Chapter 54, Water Code;
20278	20278	(2) Subchapter J, Chapter 49, Water Code; or
20279	20279	(3) other law.
20280	20280	(b) The boundaries and field notes of the district form a
20281	20281	closure. A mistake in copying the field notes in the legislative
20282	20282	process or another mistake in the field notes does not affect:
20283	20283	(1) the district's organization, existence, or
20284	20284	validity;
20285	20285	(2) the district's right to issue any type of bond for
20286	20286	a purpose for which the district is created or to pay the principal
20287	20287	of and interest on the bond;
20288	20288	(3) the district's right to impose a tax; or
20289	20289	(4) the legality or operation of the district or its
20290	20290	governing body. (Acts 62nd Leg., R.S., Ch. 704, Sec. 2; New.)
20291	20291	[Sections 8293.005-8293.050 reserved for expansion]
20292	20292	SUBCHAPTER B. BOARD OF DIRECTORS
20293	20293	Sec. 8293.051. COMPOSITION OF BOARD. The board of
20294	20294	directors is composed of five elected directors. (Acts 62nd Leg.,
20295	20295	R.S., Ch. 704, Sec. 6 (part).)
20296	20296	[Sections 8293.052-8293.100 reserved for expansion]
20297	20297	SUBCHAPTER C. POWERS AND DUTIES
20298	20298	Sec. 8293.101. MUNICIPAL UTILITY DISTRICT POWERS. The
20299	20299	district has the rights, powers, privileges, and functions
20300	20300	conferred by general law applicable to a municipal utility
20301	20301	district, including Chapters 49 and 54, Water Code. (Acts 62nd
20302	20302	Leg., R.S., Ch. 704, Sec. 5 (part); New.)
20303	20303	CHAPTER 8302. MONTGOMERY COUNTY UTILITY DISTRICT NO. 3
20304	20304	SUBCHAPTER A. GENERAL PROVISIONS
20305	20305	Sec. 8302.001. DEFINITIONS
20306	20306	Sec. 8302.002. NATURE OF DISTRICT
20307	20307	Sec. 8302.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
20308	20308	Sec. 8302.004. DISTRICT TERRITORY
20309	20309	[Sections 8302.005-8302.050 reserved for expansion]
20310	20310	SUBCHAPTER B. BOARD OF DIRECTORS
20311	20311	Sec. 8302.051. COMPOSITION OF BOARD
20312	20312	[Sections 8302.052-8302.100 reserved for expansion]
20313	20313	SUBCHAPTER C. POWERS AND DUTIES
20314	20314	Sec. 8302.101. MUNICIPAL UTILITY DISTRICT POWERS
20315	20315	CHAPTER 8302. MONTGOMERY COUNTY UTILITY DISTRICT NO. 3
20316	20316	SUBCHAPTER A. GENERAL PROVISIONS
20317	20317	Sec. 8302.001. DEFINITIONS. In this chapter:
20318	20318	(1) "Board" means the district's board of directors.
20319	20319	(2) "Director" means a member of the board.
20320	20320	(3) "District" means the Montgomery County Utility
20321	20321	District No. 3. (Acts 62nd Leg., R.S., Ch. 634, Sec. 1 (part);
20322	20322	New.)
20323	20323	Sec. 8302.002. NATURE OF DISTRICT. The district is a
20324	20324	conservation and reclamation district in Montgomery County created
20325	20325	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
20326	20326	R.S., Ch. 634, Sec. 1 (part).)
20327	20327	Sec. 8302.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
20328	20328	The district is created to serve a public use and benefit.
20329	20329	(b) All land and other property included in the boundaries
20330	20330	of the district will benefit from the works and projects
20331	20331	accomplished by the district under the powers conferred by Section
20332	20332	59, Article XVI, Texas Constitution.
20333	20333	(c) The creation of the district is essential to accomplish
20334	20334	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
20335	20335	62nd Leg., R.S., Ch. 634, Secs. 1 (part), 3.)
20336	20336	Sec. 8302.004. DISTRICT TERRITORY. (a) The district is
20337	20337	composed of the territory described by Section 4, Chapter 634, Acts
20338	20338	of the 62nd Legislature, Regular Session, 1971, as that territory
20339	20339	may have been modified under:
20340	20340	(1) Subchapter H, Chapter 54, Water Code;
20341	20341	(2) Subchapter J, Chapter 49, Water Code; or
20342	20342	(3) other law.
20343	20343	(b) The boundaries and field notes of the district form a
20344	20344	closure. A mistake in copying the field notes in the legislative
20345	20345	process or another mistake in the field notes does not affect:
20346	20346	(1) the district's organization, existence, or
20347	20347	validity;
20348	20348	(2) the district's right to issue any type of bond for
20349	20349	a purpose for which the district is created or to pay the principal
20350	20350	of and interest on the bond;
20351	20351	(3) the district's right to impose a tax; or
20352	20352	(4) the legality or operation of the district or its
20353	20353	governing body. (Acts 62nd Leg., R.S., Ch. 634, Sec. 2; New.)
20354	20354	[Sections 8302.005-8302.050 reserved for expansion]
20355	20355	SUBCHAPTER B. BOARD OF DIRECTORS
20356	20356	Sec. 8302.051. COMPOSITION OF BOARD. The board of
20357	20357	directors is composed of five elected directors. (Acts 62nd Leg.,
20358	20358	R.S., Ch. 634, Sec. 6 (part).)
20359	20359	[Sections 8302.052-8302.100 reserved for expansion]
20360	20360	SUBCHAPTER C. POWERS AND DUTIES
20361	20361	Sec. 8302.101. MUNICIPAL UTILITY DISTRICT POWERS. The
20362	20362	district has the rights, powers, privileges, and functions
20363	20363	conferred by general law applicable to a municipal utility
20364	20364	district, including Chapters 49 and 54, Water Code. (Acts 62nd
20365	20365	Leg., R.S., Ch. 634, Sec. 5 (part); New.)
20366	20366	CHAPTER 8303. MONTGOMERY COUNTY UTILITY DISTRICT NO. 4
20367	20367	SUBCHAPTER A. GENERAL PROVISIONS
20368	20368	Sec. 8303.001. DEFINITIONS
20369	20369	Sec. 8303.002. NATURE OF DISTRICT
20370	20370	Sec. 8303.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
20371	20371	Sec. 8303.004. DISTRICT TERRITORY
20372	20372	[Sections 8303.005-8303.050 reserved for expansion]
20373	20373	SUBCHAPTER B. BOARD OF DIRECTORS
20374	20374	Sec. 8303.051. COMPOSITION OF BOARD
20375	20375	[Sections 8303.052-8303.100 reserved for expansion]
20376	20376	SUBCHAPTER C. POWERS AND DUTIES
20377	20377	Sec. 8303.101. MUNICIPAL UTILITY DISTRICT POWERS
20378	20378	CHAPTER 8303. MONTGOMERY COUNTY UTILITY DISTRICT NO. 4
20379	20379	SUBCHAPTER A. GENERAL PROVISIONS
20380	20380	Sec. 8303.001. DEFINITIONS. In this chapter:
20381	20381	(1) "Board" means the district's board of directors.
20382	20382	(2) "Director" means a member of the board.
20383	20383	(3) "District" means the Montgomery County Utility
20384	20384	District No. 4. (Acts 62nd Leg., R.S., Ch. 344, Sec. 1 (part); New.)
20385	20385	Sec. 8303.002. NATURE OF DISTRICT. The district is a
20386	20386	conservation and reclamation district in Montgomery County created
20387	20387	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
20388	20388	R.S., Ch. 344, Sec. 1 (part).)
20389	20389	Sec. 8303.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
20390	20390	The district is created to serve a public use and benefit.
20391	20391	(b) All land and other property included in the boundaries
20392	20392	of the district will benefit from the works and projects
20393	20393	accomplished by the district under the powers conferred by Section
20394	20394	59, Article XVI, Texas Constitution.
20395	20395	(c) The creation of the district is essential to accomplish
20396	20396	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
20397	20397	62nd Leg., R.S., Ch. 344, Secs. 1 (part), 3.)
20398	20398	Sec. 8303.004. DISTRICT TERRITORY. (a) The district is
20399	20399	composed of the territory described by Section 4, Chapter 344, Acts
20400	20400	of the 62nd Legislature, Regular Session, 1971, as that territory
20401	20401	may have been modified under:
20402	20402	(1) Subchapter H, Chapter 54, Water Code;
20403	20403	(2) Subchapter J, Chapter 49, Water Code; or
20404	20404	(3) other law.
20405	20405	(b) The boundaries and field notes of the district form a
20406	20406	closure. A mistake in copying the field notes in the legislative
20407	20407	process or another mistake in the field notes does not affect:
20408	20408	(1) the district's organization, existence, or
20409	20409	validity;
20410	20410	(2) the district's right to issue any type of bonds for
20411	20411	a purpose for which the district is created or to pay the principal
20412	20412	of and interest on the bonds;
20413	20413	(3) the district's right to impose a tax; or
20414	20414	(4) the legality or operation of the district or its
20415	20415	governing body. (Acts 62nd Leg., R.S., Ch. 344, Sec. 2; New.)
20416	20416	[Sections 8303.005-8303.050 reserved for expansion]
20417	20417	SUBCHAPTER B. BOARD OF DIRECTORS
20418	20418	Sec. 8303.051. COMPOSITION OF BOARD. The board of
20419	20419	directors is composed of five elected directors. (Acts 62nd Leg.,
20420	20420	R.S., Ch. 344, Sec. 6 (part).)
20421	20421	[Sections 8303.052-8303.100 reserved for expansion]
20422	20422	SUBCHAPTER C. POWERS AND DUTIES
20423	20423	Sec. 8303.101. MUNICIPAL UTILITY DISTRICT POWERS. The
20424	20424	district has the rights, powers, privileges, and functions
20425	20425	conferred by general law applicable to a municipal utility
20426	20426	district, including Chapters 49 and 54, Water Code. (Acts 62nd
20427	20427	Leg., R.S., Ch. 344, Sec. 5 (part); New.)
20428	20428	SECTION 1.05. Subtitle H, Title 6, Special District Local
20429	20429	Laws Code, is amended by adding Chapters 8805, 8809, 8814, 8816,
20430	20430	8825, 8826, 8827, 8828, 8829, 8831, 8832, 8834, 8836, 8840, 8842,
20431	20431	8844, 8846, 8848, and 8849 to read as follows:
20432	20432	CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT
20433	20433	SUBCHAPTER A. GENERAL PROVISIONS
20434	20434	Sec. 8805.001. DEFINITIONS
20435	20435	Sec. 8805.002. NATURE OF DISTRICT
20436	20436	Sec. 8805.003. LEGISLATIVE FINDINGS
20437	20437	Sec. 8805.004. DISTRICT TERRITORY
20438	20438	Sec. 8805.005. OWNERSHIP OF GROUNDWATER AND SURFACE
20439	20439	WATER RIGHTS NOT AFFECTED BY CHAPTER
20440	20440	[Sections 8805.006-8805.050 reserved for expansion]
20441	20441	SUBCHAPTER B. BOARD OF DIRECTORS
20442	20442	Sec. 8805.051. COMPOSITION OF BOARD; TERMS
20443	20443	Sec. 8805.052. ELECTION OF DIRECTORS
20444	20444	Sec. 8805.053. QUALIFICATIONS FOR ELECTION
20445	20445	Sec. 8805.054. BOARD VACANCY
20446	20446	Sec. 8805.055. COMPOSITION OF BOARD AND ELECTION OF
20447	20447	DIRECTORS FOLLOWING ANNEXATION
20448	20448	Sec. 8805.056. VOTE REQUIRED FOR OFFICIAL BOARD ACTION
20449	20449	[Sections 8805.057-8805.100 reserved for expansion]
20450	20450	SUBCHAPTER C. POWERS AND DUTIES
20451	20451	Sec. 8805.101. GENERAL POWERS AND DUTIES
20452	20452	Sec. 8805.102. SEAL
20453	20453	Sec. 8805.103. CONTROL, STORAGE, AND PRESERVATION OF
20454	20454	STORM AND FLOOD WATER
20455	20455	Sec. 8805.104. RECLAMATION
20456	20456	Sec. 8805.105. SOIL CONSERVATION AND IMPROVEMENT
20457	20457	Sec. 8805.106. ACQUISITION OF PROPERTY
20458	20458	Sec. 8805.107. SALE AND DISPOSAL OF PROPERTY
20459	20459	Sec. 8805.108. BORROWING MONEY
20460	20460	Sec. 8805.109. APPEARANCE BEFORE RAILROAD COMMISSION
20461	20461	CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT
20462	20462	SUBCHAPTER A. GENERAL PROVISIONS
20463	20463	Sec. 8805.001. DEFINITIONS. In this chapter:
20464	20464	(1) "Board" means the district's board of directors.
20465	20465	(2) "Director" means a board member.
20466	20466	(3) "District" means the Lipan-Kickapoo Water
20467	20467	Conservation District. (Acts 70th Leg., R.S., Ch. 439, Sec. 1;
20468	20468	New.)
20469	20469	Sec. 8805.002. NATURE OF DISTRICT. The district is created
20470	20470	under Section 59, Article XVI, Texas Constitution, to provide for
20471	20471	the conservation, preservation, protection, recharge, and
20472	20472	prevention of waste and pollution of the district's groundwater and
20473	20473	surface water, consistent with the objectives of Section 59,
20474	20474	Article XVI, Texas Constitution, and Chapter 36, Water Code. (Acts
20475	20475	70th Leg., R.S., Ch. 439, Secs. 2(a) (part), (b).)
20476	20476	Sec. 8805.003. LEGISLATIVE FINDINGS. The legislature finds
20477	20477	that:
20478	20478	(1) the creation of the district is feasible and
20479	20479	practicable;
20480	20480	(2) the district will benefit the land in the
20481	20481	district;
20482	20482	(3) there is a public necessity for the district; and
20483	20483	(4) the district will provide a public use and
20484	20484	benefit. (Acts 70th Leg., R.S., Ch. 439, Sec. 3.)
20485	20485	Sec. 8805.004. DISTRICT TERRITORY. The district is
20486	20486	composed of the territory described by Section 4, Chapter 439, Acts
20487	20487	of the 70th Legislature, Regular Session, 1987, as that territory
20488	20488	may have been modified under:
20489	20489	(1) Subchapter J, Chapter 36, Water Code; or
20490	20490	(2) other law. (New.)
20491	20491	Sec. 8805.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER
20492	20492	RIGHTS NOT AFFECTED BY CHAPTER. The ownership and rights of the
20493	20493	owner of land, the owner's lessees, and assigns in groundwater and
20494	20494	any surface water rights are recognized and this chapter does not
20495	20495	deprive or divest the owner, the owner's lessees, or assigns of
20496	20496	those ownership rights. (Acts 70th Leg., R.S., Ch. 439, Sec. 16.)
20497	20497	[Sections 8805.006-8805.050 reserved for expansion]
20498	20498	SUBCHAPTER B. BOARD OF DIRECTORS
20499	20499	Sec. 8805.051. COMPOSITION OF BOARD; TERMS. (a) The board
20500	20500	consists of:
20501	20501	(1) an equal number of directors from each county in
20502	20502	the district, elected by a majority vote of the voters residing in
20503	20503	any part of the county that is included in the district; and
20504	20504	(2) one director elected from the district at large.
20505	20505	(b) Directors serve staggered four-year terms.
20506	20506	(c) A director takes office at the first regular meeting of
20507	20507	the board following the director's election to the board. (Acts
20508	20508	70th Leg., R.S., Ch. 439, Secs. 8(a) (part), 9(b), 10(a).)
20509	20509	Sec. 8805.052. ELECTION OF DIRECTORS. (a) Every second
20510	20510	year, the board shall hold an election on the uniform election date
20511	20511	in May provided by Section 41.001, Election Code, to elect the
20512	20512	appropriate number of directors.
20513	20513	(b) Three directors are elected at one election and four at
20514	20514	the next election in continuing sequence unless the number of
20515	20515	directors changes under Section 8805.055. (Acts 70th Leg., R.S.,
20516	20516	Ch. 439, Secs. 9(a), 10(b).)
20517	20517	Sec. 8805.053. QUALIFICATIONS FOR ELECTION. (a) To be
20518	20518	qualified for election as a director, a person must be:
20519	20519	(1) a resident of the district or proposed district;
20520	20520	and
20521	20521	(2) at least 18 years of age.
20522	20522	(b) In addition to the requirements of Subsection (a), a
20523	20523	director from a county area must be a resident of that county.
20524	20524	(Acts 70th Leg., R.S., Ch. 439, Secs. 7(a) (part), (b).)
20525	20525	Sec. 8805.054. BOARD VACANCY. (a) If a vacancy occurs in
20526	20526	the office of director, the remaining directors shall appoint a
20527	20527	replacement who meets the qualifications of Section 8805.053.
20528	20528	(b) The appointed replacement serves until the next
20529	20529	directors' election.
20530	20530	(c) If the position is not regularly scheduled to be filled
20531	20531	at the next election, the person elected to fill the position serves
20532	20532	for the remainder of the unexpired term. (Acts 70th Leg., R.S., Ch.
20533	20533	439, Sec. 8(b).)
20534	20534	Sec. 8805.055. COMPOSITION OF BOARD AND ELECTION OF
20535	20535	DIRECTORS FOLLOWING ANNEXATION. (a) When the district annexes
20536	20536	territory, the board shall change the number of directors, if
20537	20537	necessary, so that:
20538	20538	(1) an equal number of directors is elected by
20539	20539	district voters of each county; and
20540	20540	(2) one director is elected from the district at
20541	20541	large.
20542	20542	(b) If the board changes the number of directors under
20543	20543	Subsection (a), the board shall provide that, as nearly as
20544	20544	possible, half of the directors are elected at each subsequent
20545	20545	election in continuing sequence. (Acts 70th Leg., R.S., Ch. 439,
20546	20546	Sec. 8(c).)
20547	20547	Sec. 8805.056. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
20548	20548	official action of the board is not valid without the affirmative
20549	20549	vote of a majority of the directors. (Acts 70th Leg., R.S., Ch.
20550	20550	439, Sec. 12 (part).)
20551	20551	[Sections 8805.057-8805.100 reserved for expansion]
20552	20552	SUBCHAPTER C. POWERS AND DUTIES
20553	20553	Sec. 8805.101. GENERAL POWERS AND DUTIES. (a) Except to
20554	20554	the extent of any conflict with this chapter or as specifically
20555	20555	limited by this chapter, the district:
20556	20556	(1) is governed by and subject to Chapter 36 and
20557	20557	Subchapters H and I, Chapter 49, Water Code; and
20558	20558	(2) may exercise the powers provided by the chapters
20559	20559	described by Subdivision (1), including the power to issue bonds,
20560	20560	impose taxes, and exercise eminent domain authority.
20561	20561	(b) The district shall exercise the duties provided by the
20562	20562	chapters specified by Subsection (a)(1). (Acts 70th Leg., R.S.,
20563	20563	Ch. 439, Secs. 5, 14(l).)
20564	20564	Sec. 8805.102. SEAL. The board may adopt a seal for the
20565	20565	district. (Acts 70th Leg., R.S., Ch. 439, Sec. 14(b).)
20566	20566	Sec. 8805.103. CONTROL, STORAGE, AND PRESERVATION OF STORM
20567	20567	AND FLOOD WATER. The district may control, store, and preserve
20568	20568	storm water and floodwater in the district and water of rivers and
20569	20569	streams in the district for:
20570	20570	(1) irrigation of arid land;
20571	20571	(2) prevention of floods and flood damage in the
20572	20572	district; and
20573	20573	(3) domestic, agricultural, and industrial use. (Acts
20574	20574	70th Leg., R.S., Ch. 439, Sec. 14(c).)
20575	20575	Sec. 8805.104. RECLAMATION. The district may:
20576	20576	(1) reclaim land in the district; and
20577	20577	(2) construct works, facilities, and improvements
20578	20578	necessary to accomplish that purpose. (Acts 70th Leg., R.S., Ch.
20579	20579	439, Sec. 14(d).)
20580	20580	Sec. 8805.105. SOIL CONSERVATION AND IMPROVEMENT. The
20581	20581	district may construct and maintain terraces or other structures on
20582	20582	land in the district and may engage in or promote land treatment
20583	20583	measures for soil conservation and improvement. (Acts 70th Leg.,
20584	20584	R.S., Ch. 439, Sec. 14(e).)
20585	20585	Sec. 8805.106. ACQUISITION OF PROPERTY. The district may
20586	20586	acquire land or other property necessary to carry out this chapter
20587	20587	by:
20588	20588	(1) gift;
20589	20589	(2) grant;
20590	20590	(3) devise;
20591	20591	(4) lease;
20592	20592	(5) purchase; or
20593	20593	(6) condemnation. (Acts 70th Leg., R.S., Ch. 439,
20594	20594	Sec. 14(h).)
20595	20595	Sec. 8805.107. SALE AND DISPOSAL OF PROPERTY. Subject to
20596	20596	this chapter and Chapter 36, Water Code, the district may sell or
20597	20597	otherwise dispose of land and other property of the district that
20598	20598	the board determines is not necessary to carry out the purposes or
20599	20599	powers of the district. (Acts 70th Leg., R.S., Ch. 439, Sec. 14(i).)
20600	20600	Sec. 8805.108. BORROWING MONEY. The district may borrow
20601	20601	money for any purpose authorized by this chapter. (Acts 70th Leg.,
20602	20602	R.S., Ch. 439, Sec. 14(k).)
20603	20603	Sec. 8805.109. APPEARANCE BEFORE RAILROAD COMMISSION. The
20604	20604	district, through the directors or the district's general manager,
20605	20605	may appear before the Railroad Commission of Texas and present
20606	20606	evidence and information relating to any pending permit application
20607	20607	for an injection well to be located in the district. (Acts 70th
20608	20608	Leg., R.S., Ch. 439, Sec. 14(j).)
20609	20609	CHAPTER 8809. ANDERSON COUNTY UNDERGROUND WATER CONSERVATION DISTRICT
20610	20610	DISTRICT
20611	20611	SUBCHAPTER A. GENERAL PROVISIONS
20612	20612	Sec. 8809.001. DEFINITIONS
20613	20613	Sec. 8809.002. NATURE OF DISTRICT
20614	20614	Sec. 8809.003. LEGISLATIVE FINDINGS
20615	20615	Sec. 8809.004. DISTRICT TERRITORY
20616	20616	[Sections 8809.005-8809.050 reserved for expansion]
20617	20617	SUBCHAPTER B. BOARD OF DIRECTORS
20618	20618	Sec. 8809.051. COMPOSITION OF BOARD; TERMS
20619	20619	Sec. 8809.052. ELECTION DATE
20620	20620	Sec. 8809.053. QUALIFICATIONS FOR ELECTION
20621	20621	Sec. 8809.054. BOARD RESOLUTIONS; VOTING REQUIREMENTS
20622	20622	Sec. 8809.055. NOTICE OF MEETINGS
20623	20623	[Sections 8809.056-8809.100 reserved for expansion]
20624	20624	SUBCHAPTER C. POWERS AND DUTIES
20625	20625	Sec. 8809.101. GROUNDWATER CONSERVATION DISTRICT
20626	20626	POWERS AND DUTIES
20627	20627	Sec. 8809.102. LIMITATIONS ON DISTRICT POWERS
20628	20628	Sec. 8809.103. REGULATION OF GROUNDWATER PUMPING AND
20629	20629	USE
20630	20630	Sec. 8809.104. PURCHASE OF WATER BY INJECTION WELL
20631	20631	PERMIT HOLDER
20632	20632	Sec. 8809.105. DISPOSAL OF SALT DOME LEACHATE
20633	20633	Sec. 8809.106. WATER WELL FEES
20634	20634	Sec. 8809.107. DISSOLUTION OF DISTRICT
20635	20635	CHAPTER 8809. ANDERSON COUNTY UNDERGROUND WATER CONSERVATION
20636	20636	DISTRICT
20637	20637	SUBCHAPTER A. GENERAL PROVISIONS
20638	20638	Sec. 8809.001. DEFINITIONS. In this chapter:
20639	20639	(1) "Board" means the district's board of directors.
20640	20640	(2) "Director" means a board member.
20641	20641	(3) "District" means the Anderson County Underground
20642	20642	Water Conservation District. (Acts 70th Leg., R.S., Ch. 992, Sec.
20643	20643	1; New.)
20644	20644	Sec. 8809.002. NATURE OF DISTRICT. The district is created
20645	20645	under Section 59, Article XVI, Texas Constitution. (Acts 70th
20646	20646	Leg., R.S., Ch. 992, Sec. 2 (part).)
20647	20647	Sec. 8809.003. LEGISLATIVE FINDINGS. The legislature finds
20648	20648	that:
20649	20649	(1) the creation of the district is feasible and
20650	20650	practicable;
20651	20651	(2) the district will benefit the land in the
20652	20652	district;
20653	20653	(3) there is a public necessity for the district; and
20654	20654	(4) the district will provide a public use and
20655	20655	benefit. (Acts 70th Leg., R.S., Ch. 992, Sec. 3.)
20656	20656	Sec. 8809.004. DISTRICT TERRITORY. The district is
20657	20657	composed of the territory described by Section 4, Chapter 992, Acts
20658	20658	of the 70th Legislature, Regular Session, 1987, as that territory
20659	20659	may have been modified under:
20660	20660	(1) Subchapter J, Chapter 36, Water Code; or
20661	20661	(2) other law. (New.)
20662	20662	[Sections 8809.005-8809.050 reserved for expansion]
20663	20663	SUBCHAPTER B. BOARD OF DIRECTORS
20664	20664	Sec. 8809.051. COMPOSITION OF BOARD; TERMS. (a) The board
20665	20665	is composed of nine directors.
20666	20666	(b) Directors serve staggered four-year terms. (Acts 70th
20667	20667	Leg., R.S., Ch. 992, Secs. 8, 10(a), (b) (part).)
20668	20668	Sec. 8809.052. ELECTION DATE. Every two years, an election
20669	20669	shall be held on the uniform election date in May to elect the
20670	20670	appropriate number of directors. (Acts 70th Leg., R.S., Ch. 992,
20671	20671	Sec. 9.)
20672	20672	Sec. 8809.053. QUALIFICATIONS FOR ELECTION. To be
20673	20673	qualified for election as a director, a person must be:
20674	20674	(1) a resident of the district; and
20675	20675	(2) at least 18 years of age. (Acts 70th Leg., R.S.,
20676	20676	Ch. 992, Sec. 7.)
20677	20677	Sec. 8809.054. BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a)
20678	20678	The district shall act by resolutions adopted by the board.
20679	20679	(b) All directors are entitled to vote.
20680	20680	(c) The affirmative vote of a majority of the board is
20681	20681	necessary to adopt a resolution. (Acts 70th Leg., R.S., Ch. 992,
20682	20682	Secs. 13(a) (part), (b).)
20683	20683	Sec. 8809.055. NOTICE OF MEETINGS. The board must publish
20684	20684	notice in a newspaper of general circulation in the district not
20685	20685	later than the fifth day before the date the board is scheduled to
20686	20686	meet. (Acts 70th Leg., R.S., Ch. 992, Sec. 14.)
20687	20687	[Sections 8809.056-8809.100 reserved for expansion]
20688	20688	SUBCHAPTER C. POWERS AND DUTIES
20689	20689	Sec. 8809.101. GROUNDWATER CONSERVATION DISTRICT POWERS
20690	20690	AND DUTIES. Except to the extent of any conflict with this chapter
20691	20691	or as specifically limited by this chapter, the district is
20692	20692	governed by and subject to Chapter 36, Water Code, and has the
20693	20693	powers and duties provided by Chapter 36, Water Code. (Acts 70th
20694	20694	Leg., R.S., Ch. 992, Sec. 5 (part).)
20695	20695	Sec. 8809.102. LIMITATIONS ON DISTRICT POWERS. The
20696	20696	district does not have the power to issue bonds and impose taxes
20697	20697	under Subchapters F and G, Chapter 36, Water Code. (Acts 70th Leg.,
20698	20698	R.S., Ch. 992, Sec. 5 (part).)
20699	20699	Sec. 8809.103. REGULATION OF GROUNDWATER PUMPING AND USE.
20700	20700	The district may:
20701	20701	(1) prohibit the pumping or use of groundwater if the
20702	20702	district determines that the pumping would present an unreasonable
20703	20703	risk of pollution; or
20704	20704	(2) limit the pumping of groundwater to uses
20705	20705	determined by the board to benefit the district. (Acts 70th Leg.,
20706	20706	R.S., Ch. 992, Secs. 12(a), (b).)
20707	20707	Sec. 8809.104. PURCHASE OF WATER BY INJECTION WELL PERMIT
20708	20708	HOLDER. The district may require persons holding a permit for an
20709	20709	injection well to purchase water from the district. (Acts 70th
20710	20710	Leg., R.S., Ch. 992, Sec. 12(c).)
20711	20711	Sec. 8809.105. DISPOSAL OF SALT DOME LEACHATE. The
20712	20712	district may:
20713	20713	(1) adopt rules for the disposal of salt dome leachate
20714	20714	in the district; or
20715	20715	(2) require the disposal of salt dome leachate outside
20716	20716	the district. (Acts 70th Leg., R.S., Ch. 992, Sec. 12(d).)
20717	20717	Sec. 8809.106. WATER WELL FEES. (a) The district shall
20718	20718	impose a fee on each water well at the time a permit is first issued
20719	20719	and may impose an annual fee on each well.
20720	20720	(b) The amount of a well fee must be set according to:
20721	20721	(1) the size of the column pipe used in the well;
20722	20722	(2) the production capacity of the well; or
20723	20723	(3) the amount of water produced.
20724	20724	(c) The board shall adopt rules relating to the rates for
20725	20725	the fees.
20726	20726	(d) The board may:
20727	20727	(1) adopt rules classifying the types of uses made of
20728	20728	groundwater in the district; and
20729	20729	(2) use the classifications to determine, in part, the
20730	20730	amount of fees to be imposed under this section.
20731	20731	(e) The district may use money collected from fees to manage
20732	20732	and operate the district. (Acts 70th Leg., R.S., Ch. 992, Sec. 15.)
20733	20733	Sec. 8809.107. DISSOLUTION OF DISTRICT. The district may
20734	20734	be dissolved as provided by Subchapter P, Chapter 51, Water Code.
20735	20735	(Acts 70th Leg., R.S., Ch. 992, Sec. 16.)
20736	20736	CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION DISTRICT
20737	20737	DISTRICT
20738	20738	SUBCHAPTER A. GENERAL PROVISIONS
20739	20739	Sec. 8814.001. DEFINITIONS
20740	20740	Sec. 8814.002. NATURE OF DISTRICT
20741	20741	Sec. 8814.003. LEGISLATIVE FINDINGS
20742	20742	Sec. 8814.004. DISTRICT TERRITORY
20743	20743	Sec. 8814.005. DISTRICT NAME CHANGE
20744	20744	Sec. 8814.006. OWNERSHIP OF GROUNDWATER AND SURFACE
20745	20745	WATER RIGHTS NOT AFFECTED BY CHAPTER
20746	20746	Sec. 8814.007. PAYMENT OF ORGANIZATIONAL EXPENSES
20747	20747	[Sections 8814.008-8814.050 reserved for expansion]
20748	20748	SUBCHAPTER B. DISTRICT ADMINISTRATION
20749	20749	Sec. 8814.051. COMPOSITION OF BOARD; TERMS
20750	20750	Sec. 8814.052. ELECTION OF DIRECTORS
20751	20751	Sec. 8814.053. ELECTION DATE
20752	20752	Sec. 8814.054. QUALIFICATIONS FOR ELECTION;
20753	20753	ELIGIBILITY TO SERVE
20754	20754	Sec. 8814.055. BOARD VACANCY
20755	20755	Sec. 8814.056. COMPOSITION OF BOARD FOLLOWING
20756	20756	ANNEXATION OR CONSOLIDATION
20757	20757	Sec. 8814.057. COMPENSATION; EXPENSES
20758	20758	Sec. 8814.058. VOTE REQUIRED FOR OFFICIAL BOARD ACTION
20759	20759	Sec. 8814.059. OFFICERS
20760	20760	Sec. 8814.060. GENERAL MANAGER; SERVICE OF PROCESS
20761	20761	Sec. 8814.061. TREASURER AND ATTORNEY
20762	20762	Sec. 8814.062. ENGINEER
20763	20763	Sec. 8814.063. PERSONNEL
20764	20764	Sec. 8814.064. DISTRICT OFFICE
20765	20765	Sec. 8814.065. MEETINGS
20766	20766	Sec. 8814.066. RECORDS
20767	20767	[Sections 8814.067-8814.100 reserved for expansion]
20768	20768	SUBCHAPTER C. POWERS AND DUTIES
20769	20769	Sec. 8814.101. GROUNDWATER CONSERVATION DISTRICT
20770	20770	POWERS AND DUTIES
20771	20771	Sec. 8814.102. RULES
20772	20772	Sec. 8814.103. EMINENT DOMAIN
20773	20773	Sec. 8814.104. CERTAIN PERMIT DENIALS PROHIBITED
20774	20774	Sec. 8814.105. CONTROL, STORAGE, AND PRESERVATION OF
20775	20775	STORM AND FLOOD WATER
20776	20776	Sec. 8814.106. RECLAMATION
20777	20777	Sec. 8814.107. SOIL CONSERVATION AND IMPROVEMENT
20778	20778	Sec. 8814.108. ACQUISITION OF PROPERTY
20779	20779	Sec. 8814.109. SALE AND DISPOSAL OF PROPERTY
20780	20780	Sec. 8814.110. IMPROVEMENTS AND FACILITIES
20781	20781	Sec. 8814.111. INPUT WELLS
20782	20782	Sec. 8814.112. APPEARANCE BEFORE RAILROAD COMMISSION
20783	20783	Sec. 8814.113. STUDIES AND SURVEYS
20784	20784	Sec. 8814.114. RESEARCH; INFORMATION
20785	20785	Sec. 8814.115. DISTRICT PLANS
20786	20786	Sec. 8814.116. PAYMENT OF JUDGMENTS
20787	20787	CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION
20788	20788	DISTRICT
20789	20789	SUBCHAPTER A. GENERAL PROVISIONS
20790	20790	Sec. 8814.001. DEFINITIONS. In this chapter:
20791	20791	(1) "Board" means the district's board of directors.
20792	20792	(2) "Director" means a board member.
20793	20793	(3) "District" means the Sterling County Underground
20794	20794	Water Conservation District. (Acts 70th Leg., R.S., Ch. 915, Sec.
20795	20795	2; New.)
20796	20796	Sec. 8814.002. NATURE OF DISTRICT. The district is created
20797	20797	under Section 59, Article XVI, Texas Constitution, to provide for
20798	20798	the conservation, preservation, protection, recharge, and
20799	20799	prevention of waste and pollution of the district's groundwater and
20800	20800	surface water, consistent with the objectives of Section 59,
20801	20801	Article XVI, Texas Constitution, and Chapter 36 and Subchapters H
20802	20802	and I, Chapter 49, Water Code. (Acts 70th Leg., R.S., Ch. 915,
20803	20803	Secs. 1 (part), 29.)
20804	20804	Sec. 8814.003. LEGISLATIVE FINDINGS. The legislature finds
20805	20805	that:
20806	20806	(1) the organization of the district is feasible and
20807	20807	practicable;
20808	20808	(2) the land to be included in and the residents of the
20809	20809	district will benefit from the creation of the district;
20810	20810	(3) there is a public necessity for the district; and
20811	20811	(4) the creation of the district will further the
20812	20812	public welfare. (Acts 70th Leg., R.S., Ch. 915, Sec. 3.)
20813	20813	Sec. 8814.004. DISTRICT TERRITORY. The district is
20814	20814	composed of the territory in Sterling County unless the district's
20815	20815	territory has been modified under:
20816	20816	(1) Subchapter J or K, Chapter 36, Water Code; or
20817	20817	(2) other law. (Acts 70th Leg., R.S., Ch. 915, Sec. 4;
20818	20818	New.)
20819	20819	Sec. 8814.005. DISTRICT NAME CHANGE. The board may change
20820	20820	the name of the district if additional territory is annexed to or
20821	20821	consolidated with the district. (Acts 70th Leg., R.S., Ch. 915,
20822	20822	Sec. 28.)
20823	20823	Sec. 8814.006. OWNERSHIP OF GROUNDWATER AND SURFACE WATER
20824	20824	RIGHTS NOT AFFECTED BY CHAPTER. The ownership and rights of the
20825	20825	owner of land, the owner's lessees, and assigns in groundwater and
20826	20826	any surface water rights are recognized, and this chapter does not
20827	20827	deprive or divest the owner, the owner's lessees, or assigns of
20828	20828	those ownership rights. (Acts 70th Leg., R.S., Ch. 915, Sec. 45.)
20829	20829	Sec. 8814.007. PAYMENT OF ORGANIZATIONAL EXPENSES. (a)
20830	20830	The board may pay:
20831	20831	(1) all costs and expenses necessarily incurred in the
20832	20832	creation and organization of the district;
20833	20833	(2) legal fees; and
20834	20834	(3) other incidental expenses.
20835	20835	(b) The board may reimburse a person for money advanced for
20836	20836	a purpose described by Subsection (a).
20837	20837	(c) A payment may be made from maintenance taxes or other
20838	20838	district revenue. (Acts 70th Leg., R.S., Ch. 915, Sec. 47.)
20839	20839	[Sections 8814.008-8814.050 reserved for expansion]
20840	20840	SUBCHAPTER B. DISTRICT ADMINISTRATION
20841	20841	Sec. 8814.051. COMPOSITION OF BOARD; TERMS. (a) The board
20842	20842	is composed of five directors.
20843	20843	(b) Directors serve staggered four-year terms.
20844	20844	(c) A director takes office at the first regular meeting of
20845	20845	the board following the director's election to the board. (Acts
20846	20846	70th Leg., R.S., Ch. 915, Secs. 8(a), 11, 12.)
20847	20847	Sec. 8814.052. ELECTION OF DIRECTORS. One director is
20848	20848	elected from the district at large. One director is elected from
20849	20849	each county commissioners precinct. (Acts 70th Leg., R.S., Ch.
20850	20850	915, Sec. 8(b).)
20851	20851	Sec. 8814.053. ELECTION DATE. Every two years, an election
20852	20852	shall be held on the uniform election date in May to elect the
20853	20853	appropriate number of directors. (Acts 70th Leg., R.S., Ch. 915,
20854	20854	Sec. 10.)
20855	20855	Sec. 8814.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
20856	20856	SERVE. (a) To be qualified for election as a director, a person
20857	20857	must be:
20858	20858	(1) a resident of the district; and
20859	20859	(2) at least 18 years of age.
20860	20860	(b) In addition to the requirements of Subsection (a), a
20861	20861	person who is a director from a county commissioners precinct must
20862	20862	be a resident of that precinct unless the composition of the board
20863	20863	is changed by annexation or consolidation. (Acts 70th Leg., R.S.,
20864	20864	Ch. 915, Sec. 9.)
20865	20865	Sec. 8814.055. BOARD VACANCY. If a vacancy occurs in the
20866	20866	office of director, the remaining directors shall appoint a
20867	20867	director for the unexpired term. (Acts 70th Leg., R.S., Ch. 915,
20868	20868	Sec. 13.)
20869	20869	Sec. 8814.056. COMPOSITION OF BOARD FOLLOWING ANNEXATION OR
20870	20870	CONSOLIDATION. If the district annexes territory or consolidates
20871	20871	with another district, the board shall determine the composition of
20872	20872	the board in a manner that is equitable for the residents of the
20873	20873	district as provided by Chapter 36, Water Code. (Acts 70th Leg.,
20874	20874	R.S., Ch. 915, Sec. 8(c).)
20875	20875	Sec. 8814.057. COMPENSATION; EXPENSES. (a) A director or
20876	20876	officer serves without compensation but may be reimbursed for
20877	20877	actual expenses incurred in the performance of official duties.
20878	20878	(b) The expenses described by Subsection (a) must be:
20879	20879	(1) reported in the district's records; and
20880	20880	(2) approved by the board. (Acts 70th Leg., R.S., Ch.
20881	20881	915, Sec. 15.)
20882	20882	Sec. 8814.058. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
20883	20883	official action of the board is not valid without the affirmative
20884	20884	vote of a majority of the directors. (Acts 70th Leg., R.S., Ch.
20885	20885	915, Sec. 17 (part).)
20886	20886	Sec. 8814.059. OFFICERS. (a) After each directors'
20887	20887	election, the board shall:
20888	20888	(1) hold a regular meeting at the district office; and
20889	20889	(2) organize by electing from the directors a
20890	20890	president, a vice president, and a secretary.
20891	20891	(b) A person selected to serve as president, vice president,
20892	20892	or secretary serves in that capacity for a two-year term.
20893	20893	(c) The president, vice president, and secretary shall
20894	20894	perform the duties and may exercise the powers specifically
20895	20895	provided by this chapter or by order of the board. (Acts 70th Leg.,
20896	20896	R.S., Ch. 915, Secs. 16(a), (b), (d).)
20897	20897	Sec. 8814.060. GENERAL MANAGER; SERVICE OF PROCESS. (a)
20898	20898	The general manager shall execute a bond in the amount determined by
20899	20899	the board, payable to the district, and conditioned on the faithful
20900	20900	performance of the general manager's duties. The district shall
20901	20901	pay for the bond.
20902	20902	(b) The general manager is entitled to receive the
20903	20903	compensation provided by the district's budget.
20904	20904	(c) Service of process in a suit may be had by serving the
20905	20905	general manager. (Acts 70th Leg., R.S., Ch. 915, Secs. 19(b), (c),
20906	20906	27(a) (part).)
20907	20907	Sec. 8814.061. TREASURER AND ATTORNEY. (a) The board may
20908	20908	appoint a treasurer and an attorney for the district.
20909	20909	(b) The person appointed as treasurer shall execute a bond
20910	20910	in the amount determined by the board, payable to the district,
20911	20911	conditioned on the faithful performance of the treasurer's duties.
20912	20912	The district shall pay for the bond.
20913	20913	(c) A person appointed under this section is entitled to the
20914	20914	compensation provided by the district's budget. (Acts 70th Leg.,
20915	20915	R.S., Ch. 915, Sec. 18.)
20916	20916	Sec. 8814.062. ENGINEER. The board may:
20917	20917	(1) appoint or contract with a competent professional
20918	20918	engineer for the district; and
20919	20919	(2) determine the amount of compensation to be paid to
20920	20920	the engineer. (Acts 70th Leg., R.S., Ch. 915, Sec. 20.)
20921	20921	Sec. 8814.063. PERSONNEL. (a) The general manager or the
20922	20922	board may:
20923	20923	(1) employ other persons necessary to properly handle
20924	20924	the district's business and operation; and
20925	20925	(2) employ or contract with expert and specialized
20926	20926	personnel who are necessary to carry out this chapter.
20927	20927	(b) The board shall determine the terms of employment and
20928	20928	the compensation to be paid to employees described by this section.
20929	20929	(c) The district shall pay for any bond that an employee of
20930	20930	or person under contract with the district is required to furnish
20931	20931	under Section 36.057(d), Water Code.
20932	20932	(d) The general manager or the board may dismiss an employee
20933	20933	of the district. (Acts 70th Leg., R.S., Ch. 915, Secs. 21(a), (b),
20934	20934	(c), (d) (part).)
20935	20935	Sec. 8814.064. DISTRICT OFFICE. The board shall maintain an
20936	20936	office in the district for conducting district business. (Acts
20937	20937	70th Leg., R.S., Ch. 915, Sec. 22.)
20938	20938	Sec. 8814.065. MEETINGS. The board shall hold regular
20939	20939	meetings at the district office on a date established by the board.
20940	20940	(Acts 70th Leg., R.S., Ch. 915, Sec. 23.)
20941	20941	Sec. 8814.066. RECORDS. The board shall keep a complete
20942	20942	written account of board meetings and other proceedings and shall
20943	20943	preserve the board's minutes, contracts, records, plans, notices,
20944	20944	accounts, receipts, and records in a secure manner at the
20945	20945	district's office. (Acts 70th Leg., R.S., Ch. 915, Sec. 24(a).)
20946	20946	[Sections 8814.067-8814.100 reserved for expansion]
20947	20947	SUBCHAPTER C. POWERS AND DUTIES
20948	20948	Sec. 8814.101. GROUNDWATER CONSERVATION DISTRICT POWERS
20949	20949	AND DUTIES. Except to the extent of any conflict with this chapter
20950	20950	or as specifically limited by this chapter, the district may
20951	20951	exercise the powers granted by, and shall exercise the duties
20952	20952	provided by, Chapter 36, Water Code, to carry out the purpose of the
20953	20953	district and this chapter. (Acts 70th Leg., R.S., Ch. 915, Secs.
20954	20954	31(a), 46.)
20955	20955	Sec. 8814.102. RULES. (a) The board may adopt rules
20956	20956	necessary to carry out the purpose and powers under this chapter.
20957	20957	(b) In addition to the rules adopted under Subsection (a),
20958	20958	the board may adopt and enforce rules as provided by Chapter 36 and
20959	20959	Subchapters H and I, Chapter 49, Water Code. (Acts 70th Leg., R.S.,
20960	20960	Ch. 915, Secs. 30(a) (part), (b).)
20961	20961	Sec. 8814.103. EMINENT DOMAIN. (a) The district may
20962	20962	exercise the power of eminent domain to acquire by condemnation a
20963	20963	fee simple or other interest in property in the district if the
20964	20964	property interest is necessary to the exercise of the authority
20965	20965	conferred by this chapter.
20966	20966	(b) The district must exercise the power of eminent domain
20967	20967	in the manner provided by Chapter 21, Property Code, but the
20968	20968	district is not required to deposit in the trial court money or a
20969	20969	bond as provided by Section 21.021(a), Property Code. (Acts 70th
20970	20970	Leg., R.S., Ch. 915, Secs. 42(a), (b).)
20971	20971	Sec. 8814.104. CERTAIN PERMIT DENIALS PROHIBITED. If the
20972	20972	district regulates production of groundwater by permit as
20973	20973	authorized by Chapter 36, Water Code, the board may not deny a
20974	20974	permit to drill a well to the owner of land, or the owner's heirs,
20975	20975	assigns, and lessees on that land, and the right to produce water
20976	20976	from that well under rules adopted by the district. (Acts 70th
20977	20977	Leg., R.S., Ch. 915, Sec. 32.)
20978	20978	Sec. 8814.105. CONTROL, STORAGE, AND PRESERVATION OF STORM
20979	20979	AND FLOOD WATER. The district may control, store, and preserve the
20980	20980	storm and flood water in the district and the water of the rivers
20981	20981	and streams in the district for:
20982	20982	(1) irrigation of arid land;
20983	20983	(2) prevention of floods and flood damage in the
20984	20984	district; and
20985	20985	(3) domestic, agricultural, municipal, and industrial
20986	20986	uses. (Acts 70th Leg., R.S., Ch. 915, Sec. 36.)
20987	20987	Sec. 8814.106. RECLAMATION. The district may:
20988	20988	(1) reclaim land in the district; and
20989	20989	(2) construct works, facilities, and improvements
20990	20990	necessary to accomplish that purpose. (Acts 70th Leg., R.S., Ch.
20991	20991	915, Sec. 37.)
20992	20992	Sec. 8814.107. SOIL CONSERVATION AND IMPROVEMENT. The
20993	20993	district may construct and maintain terraces or other structures on
20994	20994	land in the district and may engage in or promote land treatment
20995	20995	measures for soil conservation and improvement. (Acts 70th Leg.,
20996	20996	R.S., Ch. 915, Sec. 38.)
20997	20997	Sec. 8814.108. ACQUISITION OF PROPERTY. The district may
20998	20998	acquire land or other property necessary to carry out this chapter
20999	20999	by:
21000	21000	(1) gift;
21001	21001	(2) devise;
21002	21002	(3) lease;
21003	21003	(4) purchase; or
21004	21004	(5) condemnation. (Acts 70th Leg., R.S., Ch. 915,
21005	21005	Sec. 41.)
21006	21006	Sec. 8814.109. SALE AND DISPOSAL OF PROPERTY. Subject to
21007	21007	this chapter and Chapter 36 and Subchapters H and I, Chapter 49,
21008	21008	Water Code, the district may sell or otherwise dispose of land and
21009	21009	other property of the district that is not necessary to carry out
21010	21010	the purpose or powers of the district as determined by the board.
21011	21011	(Acts 70th Leg., R.S., Ch. 915, Sec. 43.)
21012	21012	Sec. 8814.110. IMPROVEMENTS AND FACILITIES. (a) The
21013	21013	district may construct or acquire and improve and maintain works,
21014	21014	facilities, and improvements necessary to carry out the purpose,
21015	21015	powers, and plans of the district.
21016	21016	(b) The district must construct and acquire works,
21017	21017	facilities, and improvements in the manner provided by Chapter 49,
21018	21018	Water Code. (Acts 70th Leg., R.S., Ch. 915, Sec. 39.)
21019	21019	Sec. 8814.111. INPUT WELLS. The district may drill, equip,
21020	21020	operate, and maintain input wells, pumps, and other facilities to
21021	21021	carry out its purpose and powers under this chapter. (Acts 70th
21022	21022	Leg., R.S., Ch. 915, Sec. 40.)
21023	21023	Sec. 8814.112. APPEARANCE BEFORE RAILROAD COMMISSION. The
21024	21024	district, through the directors or the district's general manager,
21025	21025	may appear before the Railroad Commission of Texas and present
21026	21026	evidence and information relating to a pending permit application
21027	21027	for an injection well to be located in the district. (Acts 70th
21028	21028	Leg., R.S., Ch. 915, Sec. 44.)
21029	21029	Sec. 8814.113. STUDIES AND SURVEYS. (a) The board may have
21030	21030	a professional engineer conduct studies and surveys of the
21031	21031	groundwater and surface water supplies in the district and the
21032	21032	facilities available for use in the conservation, preservation,
21033	21033	protection, recharge, and prevention of waste and pollution of
21034	21034	those water resources.
21035	21035	(b) A professional engineer may determine the quantities of
21036	21036	groundwater and surface water in the district. (Acts 70th Leg.,
21037	21037	R.S., Ch. 915, Sec. 33.)
21038	21038	Sec. 8814.114. RESEARCH; INFORMATION. The district may
21039	21039	engage in research projects and shall develop information to be
21040	21040	used by the district in preparing and implementing the district's
21041	21041	plans and in carrying out the district's powers and duties under
21042	21042	this chapter. (Acts 70th Leg., R.S., Ch. 915, Sec. 35.)
21043	21043	Sec. 8814.115. DISTRICT PLANS. (a) The district shall
21044	21044	develop and implement comprehensive plans for the conservation,
21045	21045	preservation, protection, recharge, and prevention of waste and
21046	21046	pollution of groundwater and surface water in the district.
21047	21047	(b) The plans must include all works, facilities, and
21048	21048	improvements necessary to implement the plans and the
21049	21049	specifications for those works, facilities, and improvements.
21050	21050	(Acts 70th Leg., R.S., Ch. 915, Sec. 34.)
21051	21051	Sec. 8814.116. PAYMENT OF JUDGMENTS. A court of this state
21052	21052	that renders a money judgment against the district may require the
21053	21053	board to pay the judgment from money in the district depository that
21054	21054	is not dedicated to the payment of any indebtedness of the district.
21055	21055	(Acts 70th Leg., R.S., Ch. 915, Sec. 27(c).)
21056	21056	CHAPTER 8816. CULBERSON COUNTY GROUNDWATER CONSERVATION DISTRICT
21057	21057	SUBCHAPTER A. GENERAL PROVISIONS
21058	21058	Sec. 8816.001. DEFINITIONS
21059	21059	Sec. 8816.002. NATURE OF DISTRICT
21060	21060	Sec. 8816.003. FINDINGS OF PUBLIC USE AND BENEFIT
21061	21061	Sec. 8816.004. DISTRICT TERRITORY
21062	21062	Sec. 8816.005. CONFLICTS OF LAW
21063	21063	[Sections 8816.006-8816.050 reserved for expansion]
21064	21064	SUBCHAPTER B. BOARD OF DIRECTORS
21065	21065	Sec. 8816.051. COMPOSITION OF BOARD; TERMS
21066	21066	Sec. 8816.052. ELECTION DATE
21067	21067	[Sections 8816.053-8816.100 reserved for expansion]
21068	21068	SUBCHAPTER C. POWERS AND DUTIES
21069	21069	Sec. 8816.101. GROUNDWATER CONSERVATION DISTRICT
21070	21070	POWERS AND DUTIES
21071	21071	Sec. 8816.102. CONTRACT FOR AND SALE AND DISTRIBUTION
21072	21072	OF WATER
21073	21073	CHAPTER 8816. CULBERSON COUNTY GROUNDWATER CONSERVATION DISTRICT
21074	21074	SUBCHAPTER A. GENERAL PROVISIONS
21075	21075	Sec. 8816.001. DEFINITIONS. In this chapter:
21076	21076	(1) "Board" means the district's board of directors.
21077	21077	(2) "Director" means a board member.
21078	21078	(3) "District" means the Culberson County Groundwater
21079	21079	Conservation District. (Acts 75th Leg., R.S., Ch. 1075, Sec. 2;
21080	21080	New.)
21081	21081	Sec. 8816.002. NATURE OF DISTRICT. The district is a
21082	21082	groundwater conservation district in Culberson County created
21083	21083	under and essential to accomplish the purposes of Section 59,
21084	21084	Article XVI, Texas Constitution. (Acts 75th Leg., R.S., Ch. 1075,
21085	21085	Secs. 1(a) (part), (b).)
21086	21086	Sec. 8816.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
21087	21087	district is created to serve a public use and benefit.
21088	21088	(b) All land and other property included in the district
21089	21089	will benefit from the works and projects accomplished by the
21090	21090	district under the powers conferred by Section 59, Article XVI,
21091	21091	Texas Constitution. (Acts 75th Leg., R.S., Ch. 1075, Sec. 4.)
21092	21092	Sec. 8816.004. DISTRICT TERRITORY. The district is
21093	21093	composed of the territory described by Section 3, Chapter 1075,
21094	21094	Acts of the 75th Legislature, Regular Session, 1997, as that
21095	21095	territory may have been modified under:
21096	21096	(1) Subchapter J, Chapter 36, Water Code; or
21097	21097	(2) other law. (New.)
21098	21098	Sec. 8816.005. CONFLICTS OF LAW. (a) Except as otherwise
21099	21099	provided by this chapter, if there is a conflict between this
21100	21100	chapter and Chapter 36 or 49, Water Code, this chapter controls.
21101	21101	(b) If there is a conflict between Chapters 36 and 49, Water
21102	21102	Code, Chapter 36 controls. (Acts 75th Leg., R.S., Ch. 1075, Sec.
21103	21103	11.)
21104	21104	[Sections 8816.006-8816.050 reserved for expansion]
21105	21105	SUBCHAPTER B. BOARD OF DIRECTORS
21106	21106	Sec. 8816.051. COMPOSITION OF BOARD; TERMS. (a) The
21107	21107	district is governed by a board of five directors.
21108	21108	(b) Directors serve staggered four-year terms. (Acts 75th
21109	21109	Leg., R.S., Ch. 1075, Secs. 6(a), (d).)
21110	21110	Sec. 8816.052. ELECTION DATE. Every two years on the
21111	21111	uniform election date in May, the appropriate number of directors
21112	21112	shall be elected to the board. (Acts 75th Leg., R.S., Ch. 1075,
21113	21113	Sec. 9(b).)
21114	21114	[Sections 8816.053-8816.100 reserved for expansion]
21115	21115	SUBCHAPTER C. POWERS AND DUTIES
21116	21116	Sec. 8816.101. GROUNDWATER CONSERVATION DISTRICT POWERS
21117	21117	AND DUTIES. The district has the rights, powers, privileges,
21118	21118	functions, and duties provided by the general law of this state,
21119	21119	including Chapters 36 and 49, Water Code, applicable to groundwater
21120	21120	conservation districts created under Section 59, Article XVI, Texas
21121	21121	Constitution. (Acts 75th Leg., R.S., Ch. 1075, Sec. 5(a) (part).)
21122	21122	Sec. 8816.102. CONTRACT FOR AND SALE AND DISTRIBUTION OF
21123	21123	WATER. The district may contract for, sell, and distribute water
21124	21124	from a water import authority or other entity. (Acts 75th Leg.,
21125	21125	R.S., Ch. 1075, Sec. 10.)
21126	21126	CHAPTER 8825. BLUEBONNET GROUNDWATER CONSERVATION DISTRICT
21127	21127	SUBCHAPTER A. GENERAL PROVISIONS
21128	21128	Sec. 8825.001. DEFINITIONS
21129	21129	Sec. 8825.002. NATURE OF DISTRICT
21130	21130	Sec. 8825.003. FINDINGS OF PUBLIC USE AND BENEFIT
21131	21131	Sec. 8825.004. DISTRICT TERRITORY
21132	21132	[Sections 8825.005-8825.050 reserved for expansion]
21133	21133	SUBCHAPTER B. BOARD OF DIRECTORS
21134	21134	Sec. 8825.051. COMPOSITION OF BOARD
21135	21135	Sec. 8825.052. TERMS
21136	21136	Sec. 8825.053. APPOINTMENT OF DIRECTORS
21137	21137	Sec. 8825.054. BOARD VACANCY
21138	21138	Sec. 8825.055. COMPENSATION; EXPENSES
21139	21139	Sec. 8825.056. VOTE REQUIRED FOR BOARD ACTION
21140	21140	[Sections 8825.057-8825.100 reserved for expansion]
21141	21141	SUBCHAPTER C. POWERS AND DUTIES
21142	21142	Sec. 8825.101. GROUNDWATER CONSERVATION DISTRICT
21143	21143	POWERS AND DUTIES
21144	21144	Sec. 8825.102. LIMITATIONS ON DISTRICT POWERS
21145	21145	Sec. 8825.103. REGISTRATION, EQUIPMENT, AND
21146	21146	APPLICABILITY OF FEES
21147	21147	Sec. 8825.104. CERTAIN PERMIT DENIALS PROHIBITED
21148	21148	Sec. 8825.105. PERMIT FEES
21149	21149	Sec. 8825.106. ADDITIONAL FEE; SURCHARGE
21150	21150	Sec. 8825.107. ANNUAL ASSESSMENT AND USE OF FEES
21151	21151	Sec. 8825.108. MITIGATION ASSISTANCE
21152	21152	Sec. 8825.109. COORDINATION WITH OTHER ENTITIES
21153	21153	CHAPTER 8825. BLUEBONNET GROUNDWATER CONSERVATION DISTRICT
21154	21154	SUBCHAPTER A. GENERAL PROVISIONS
21155	21155	Sec. 8825.001. DEFINITIONS. In this chapter:
21156	21156	(1) "Board" means the district's board of directors.
21157	21157	(2) "Director" means a board member.
21158	21158	(3) "District" means the Bluebonnet Groundwater
21159	21159	Conservation District. (Acts 77th Leg., R.S., Ch. 1361, Sec. 2;
21160	21160	New.)
21161	21161	Sec. 8825.002. NATURE OF DISTRICT. (a) The district is a
21162	21162	groundwater conservation district created under and essential to
21163	21163	accomplish the purposes of Section 59, Article XVI, Texas
21164	21164	Constitution.
21165	21165	(b) The purpose of this chapter is to create a locally
21166	21166	controlled district to:
21167	21167	(1) protect and recharge groundwater;
21168	21168	(2) prevent pollution or waste of groundwater;
21169	21169	(3) control subsidence caused by withdrawal of water
21170	21170	from the groundwater reservoirs in the area; and
21171	21171	(4) regulate the transport of water out of the
21172	21172	district. (Acts 77th Leg., R.S., Ch. 1361, Secs. 1(a) (part), (b),
21173	21173	(c).)
21174	21174	Sec. 8825.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
21175	21175	district is created to serve a public use and benefit.
21176	21176	(b) All land and other property included in the district
21177	21177	will benefit from the works and projects accomplished by the
21178	21178	district under the powers conferred by Section 59, Article XVI,
21179	21179	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1361, Sec. 4.)
21180	21180	Sec. 8825.004. DISTRICT TERRITORY. The district's
21181	21181	boundaries are coextensive with the boundaries of Austin, Grimes,
21182	21182	Walker, and Waller Counties, unless the district's territory has
21183	21183	been modified under:
21184	21184	(1) Subchapter J, Chapter 36, Water Code; or
21185	21185	(2) other law. (Acts 77th Leg., R.S., Ch. 1361, Secs.
21186	21186	1(a) (part), 3; New.)
21187	21187	[Sections 8825.005-8825.050 reserved for expansion]
21188	21188	SUBCHAPTER B. BOARD OF DIRECTORS
21189	21189	Sec. 8825.051. COMPOSITION OF BOARD. The district is
21190	21190	governed by a board of not fewer than 8 or more than 20 directors
21191	21191	appointed as provided by Section 8825.053. (Acts 77th Leg., R.S.,
21192	21192	Ch. 1361, Sec. 12(a).)
21193	21193	Sec. 8825.052. TERMS. (a) Directors serve staggered
21194	21194	four-year terms.
21195	21195	(b) A director may serve consecutive terms. (Acts 77th
21196	21196	Leg., R.S., Ch. 1361, Secs. 12(c), (f).)
21197	21197	Sec. 8825.053. APPOINTMENT OF DIRECTORS. (a) The
21198	21198	commissioners courts of the counties in the district, if the
21199	21199	district has two to five counties, shall each appoint four
21200	21200	directors, of whom:
21201	21201	(1) one must represent municipal interests;
21202	21202	(2) one must represent agricultural interests;
21203	21203	(3) one must represent industrial interests; and
21204	21204	(4) one must represent rural water suppliers'
21205	21205	interests.
21206	21206	(b) If the district consists of one county, the
21207	21207	commissioners court of that county shall appoint eight directors,
21208	21208	of whom:
21209	21209	(1) two must represent municipal interests;
21210	21210	(2) two must represent agricultural interests;
21211	21211	(3) two must represent industrial interests; and
21212	21212	(4) two must represent rural water suppliers'
21213	21213	interests.
21214	21214	(c) Every two years after the date on which all initial
21215	21215	directors qualified as required by Section 36.055, Water Code, the
21216	21216	appropriate commissioners courts shall each appoint the
21217	21217	appropriate number of directors. (Acts 77th Leg., R.S., Ch. 1361,
21218	21218	Secs. 13(a), (b), (d) (part).)
21219	21219	Sec. 8825.054. BOARD VACANCY. (a) If there is a vacancy on
21220	21220	the board, the commissioners court that appointed the director who
21221	21221	vacated the office shall appoint a director to serve the remainder
21222	21222	of the term.
21223	21223	(b) In making the appointment, the commissioners court
21224	21224	shall appoint a director to represent the interest of the director
21225	21225	who vacated the office. (Acts 77th Leg., R.S., Ch. 1361, Sec.
21226	21226	12(g).)
21227	21227	Sec. 8825.055. COMPENSATION; EXPENSES. (a) A director is
21228	21228	not entitled to receive compensation for serving as a director.
21229	21229	(b) A director may be reimbursed for actual reasonable
21230	21230	expenses incurred in discharging official duties. (Acts 77th Leg.,
21231	21231	R.S., Ch. 1361, Sec. 12(h).)
21232	21232	Sec. 8825.056. VOTE REQUIRED FOR BOARD ACTION. A majority
21233	21233	vote of a quorum of the board is required for board action. If there
21234	21234	is a tie vote, the proposed action fails. (Acts 77th Leg., R.S.,
21235	21235	Ch. 1361, Sec. 12(i).)
21236	21236	[Sections 8825.057-8825.100 reserved for expansion]
21237	21237	SUBCHAPTER C. POWERS AND DUTIES
21238	21238	Sec. 8825.101. GROUNDWATER CONSERVATION DISTRICT POWERS
21239	21239	AND DUTIES. Except as otherwise provided by this chapter, the
21240	21240	district has the rights, powers, privileges, functions, and duties
21241	21241	provided by the general law of this state, including Chapter 36,
21242	21242	Water Code, applicable to groundwater conservation districts
21243	21243	created under Section 59, Article XVI, Texas Constitution. (Acts
21244	21244	77th Leg., R.S., Ch. 1361, Sec. 5(a) (part).)
21245	21245	Sec. 8825.102. LIMITATIONS ON DISTRICT POWERS. The
21246	21246	district does not have the authority granted by:
21247	21247	(1) Section 36.105, Water Code, relating to eminent
21248	21248	domain; and
21249	21249	(2) Sections 36.020 and 36.201-36.204, Water Code,
21250	21250	relating to taxes. (Acts 77th Leg., R.S., Ch. 1361, Sec. 5(b).)
21251	21251	Sec. 8825.103. REGISTRATION, EQUIPMENT, AND MAINTENANCE OF
21252	21252	EXEMPTED WELLS; APPLICABILITY OF FEES. (a) A well exempted under
21253	21253	Section 36.117(a) or (b), Water Code, may be:
21254	21254	(1) registered in accordance with rules adopted by the
21255	21255	district; and
21256	21256	(2) equipped and maintained in accordance with Section
21257	21257	36.117(h)(2), Water Code.
21258	21258	(b) The district may require the driller of a well exempted
21259	21259	as provided by Subsection (a) to file the drilling log with the
21260	21260	district.
21261	21261	(c) Groundwater withdrawn from an exempted well and
21262	21262	subsequently transported outside the boundaries of the district is
21263	21263	subject to all applicable production and export fees imposed under
21264	21264	Sections 8825.105 and 8825.106. (Acts 77th Leg., R.S., Ch. 1361,
21265	21265	Secs. 7(i) (part), (j), (l).)
21266	21266	Sec. 8825.104. CERTAIN PERMIT DENIALS PROHIBITED. The
21267	21267	district may not deny the owner of a tract of land, or the owner's
21268	21268	lessee, who does not have a well equipped to produce more than
21269	21269	25,000 gallons each day on the tract, either a permit to drill a
21270	21270	well on the tract or the privilege to produce groundwater from the
21271	21271	tract, subject to any rules of the district. (Acts 77th Leg., R.S.,
21272	21272	Ch. 1361, Sec. 7(c).)
21273	21273	Sec. 8825.105. PERMIT FEES. (a) The board by rule may
21274	21274	impose a reasonable fee on each well that is not exempt from
21275	21275	regulation by the district and for which a permit is issued by the
21276	21276	district.
21277	21277	(b) The fee may be based on:
21278	21278	(1) the size of column pipe used by the well; or
21279	21279	(2) the actual, authorized, or anticipated amount of
21280	21280	water to be withdrawn from the well.
21281	21281	(c) The fee may not exceed:
21282	21282	(1) $1 for each acre-foot payable annually for water
21283	21283	used for agricultural use; or
21284	21284	(2) 17 cents for each thousand gallons for water used
21285	21285	for any other purpose. (Acts 77th Leg., R.S., Ch. 1361, Secs. 6(a),
21286	21286	(b).)
21287	21287	Sec. 8825.106. ADDITIONAL FEE; SURCHARGE. In addition to a
21288	21288	fee imposed under Section 8825.105, the district may impose a
21289	21289	reasonable fee or surcharge for an export fee using one of the
21290	21290	following methods:
21291	21291	(1) a fee negotiated between the district and the
21292	21292	transporter; or
21293	21293	(2) a combined production and export fee not to exceed
21294	21294	17 cents for each thousand gallons for water used. (Acts 77th Leg.,
21295	21295	R.S., Ch. 1361, Sec. 6(c).)
21296	21296	Sec. 8825.107. ANNUAL ASSESSMENT AND USE OF FEES. A fee
21297	21297	imposed under Section 8825.105 or 8825.106 may be:
21298	21298	(1) assessed annually; and
21299	21299	(2) used to fund the costs of district operations.
21300	21300	(Acts 77th Leg., R.S., Ch. 1361, Sec. 6(d).)
21301	21301	Sec. 8825.108. MITIGATION ASSISTANCE. In addition to the
21302	21302	authority granted by Chapter 36, Water Code, the district may
21303	21303	assist in the mediation between landowners regarding the mitigation
21304	21304	of a loss of existing groundwater supply of exempt domestic and
21305	21305	livestock users due to the groundwater pumping of others. (Acts
21306	21306	77th Leg., R.S., Ch. 1361, Sec. 8.)
21307	21307	Sec. 8825.109. COORDINATION WITH OTHER ENTITIES. The
21308	21308	district may:
21309	21309	(1) coordinate activities with the Central
21310	21310	Carrizo-Wilcox Coordinating Council and appoint a nonvoting
21311	21311	representative to the Central Carrizo-Wilcox Coordinating Council;
21312	21312	and
21313	21313	(2) coordinate activities with the Harris-Galveston
21314	21314	Coastal Subsidence District or other groundwater conservation
21315	21315	districts to manage portions of the Gulf Coast Aquifer. (Acts 77th
21316	21316	Leg., R.S., Ch. 1361, Sec. 11.)
21317	21317	CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT
21318	21318	SUBCHAPTER A. GENERAL PROVISIONS
21319	21319	Sec. 8826.001. DEFINITIONS
21320	21320	Sec. 8826.002. NATURE OF DISTRICT
21321	21321	Sec. 8826.003. FINDINGS OF PUBLIC USE AND BENEFIT
21322	21322	Sec. 8826.004. DISTRICT TERRITORY
21323	21323	[Sections 8826.005-8826.050 reserved for expansion]
21324	21324	SUBCHAPTER B. BOARD OF DIRECTORS
21325	21325	Sec. 8826.051. COMPOSITION OF BOARD; TERMS
21326	21326	Sec. 8826.052. ELECTION OF DIRECTORS
21327	21327	Sec. 8826.053. ELECTION DATE
21328	21328	Sec. 8826.054. ELIGIBILITY
21329	21329	[Sections 8826.055-8826.100 reserved for expansion]
21330	21330	SUBCHAPTER C. POWERS AND DUTIES
21331	21331	Sec. 8826.101. GROUNDWATER CONSERVATION DISTRICT
21332	21332	POWERS AND DUTIES
21333	21333	Sec. 8826.102. LIMITATIONS ON DISTRICT POWERS
21334	21334	Sec. 8826.103. WELLS EXEMPT FROM REGULATION
21335	21335	[Sections 8826.104-8826.150 reserved for expansion]
21336	21336	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
21337	21337	Sec. 8826.151. FEES
21338	21338	CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT
21339	21339	SUBCHAPTER A. GENERAL PROVISIONS
21340	21340	Sec. 8826.001. DEFINITIONS. In this chapter:
21341	21341	(1) "Board" means the district's board of directors.
21342	21342	(2) "Director" means a board member.
21343	21343	(3) "District" means the Brazoria County Groundwater
21344	21344	Conservation District. (Acts 78th Leg., R.S., Ch. 772, Sec. 2;
21345	21345	New.)
21346	21346	Sec. 8826.002. NATURE OF DISTRICT. The district is a
21347	21347	groundwater conservation district in Brazoria County created under
21348	21348	and essential to accomplish the purposes of Section 59, Article
21349	21349	XVI, Texas Constitution. (Acts 78th Leg., R.S., Ch. 772, Secs. 1(a)
21350	21350	(part), (b).)
21351	21351	Sec. 8826.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
21352	21352	district is created to serve a public use and benefit.
21353	21353	(b) All land and other property included in the district
21354	21354	will benefit from the works and projects accomplished by the
21355	21355	district under the powers conferred by Section 59, Article XVI,
21356	21356	Texas Constitution. (Acts 78th Leg., R.S., Ch. 772, Sec. 4.)
21357	21357	Sec. 8826.004. DISTRICT TERRITORY. The district's
21358	21358	boundaries are coextensive with the boundaries of Brazoria County,
21359	21359	Texas, unless the district's territory has been modified under:
21360	21360	(1) Subchapter J, Chapter 36, Water Code; or
21361	21361	(2) other law. (Acts 78th Leg., R.S., Ch. 772, Sec. 3;
21362	21362	New.)
21363	21363	[Sections 8826.005-8826.050 reserved for expansion]
21364	21364	SUBCHAPTER B. BOARD OF DIRECTORS
21365	21365	Sec. 8826.051. COMPOSITION OF BOARD; TERMS. (a) The
21366	21366	district is governed by a board of five directors.
21367	21367	(b) Directors serve staggered four-year terms. (Acts 78th
21368	21368	Leg., R.S., Ch. 772, Secs. 6(a), (d).)
21369	21369	Sec. 8826.052. ELECTION OF DIRECTORS. (a) Directors are
21370	21370	elected according to the commissioners precinct method as provided
21371	21371	by this section.
21372	21372	(b) One director is elected by the voters of the entire
21373	21373	district. One director is elected from each county commissioners
21374	21374	precinct by the voters of that precinct.
21375	21375	(c) A person shall indicate on the application for a place
21376	21376	on the ballot:
21377	21377	(1) the precinct that the person seeks to represent;
21378	21378	or
21379	21379	(2) that the person seeks to represent the district at
21380	21380	large.
21381	21381	(d) When the boundaries of the county commissioners
21382	21382	precincts are redrawn under Section 18, Article V, Texas
21383	21383	Constitution, a director in office on the effective date of the
21384	21384	change, or elected or appointed before the effective date of the
21385	21385	change to a term of office beginning on or after the effective date
21386	21386	of the change, shall serve the term or the remainder of the term in
21387	21387	the precinct to which elected or appointed even though the change in
21388	21388	boundaries places the director's residence outside the precinct for
21389	21389	which the director was elected or appointed. (Acts 78th Leg., R.S.,
21390	21390	Ch. 772, Secs. 8(a), (b), (d), (e).)
21391	21391	Sec. 8826.053. ELECTION DATE. On the first Tuesday after
21392	21392	the first Monday in November of each even-numbered year, the
21393	21393	appropriate number of directors shall be elected. (Acts 78th Leg.,
21394	21394	R.S., Ch. 772, Sec. 10(b).)
21395	21395	Sec. 8826.054. ELIGIBILITY. (a) To be eligible to be a
21396	21396	candidate for or to serve as director at large, a person must be a
21397	21397	registered voter in the district.
21398	21398	(b) To be eligible to be a candidate for or to serve as
21399	21399	director from a county commissioners precinct, a person must be a
21400	21400	registered voter of that precinct, except as provided by Section
21401	21401	8826.052(d). (Acts 78th Leg., R.S., Ch. 772, Sec. 8(c).)
21402	21402	[Sections 8826.055-8826.100 reserved for expansion]
21403	21403	SUBCHAPTER C. POWERS AND DUTIES
21404	21404	Sec. 8826.101. GROUNDWATER CONSERVATION DISTRICT POWERS
21405	21405	AND DUTIES. Except as provided by Section 8826.102, the district
21406	21406	has the rights, powers, privileges, functions, and duties provided
21407	21407	by the general law of this state, including Chapter 36, Water Code,
21408	21408	applicable to groundwater conservation districts created under
21409	21409	Section 59, Article XVI, Texas Constitution. (Acts 78th Leg.,
21410	21410	R.S., Ch. 772, Sec. 5 (part).)
21411	21411	Sec. 8826.102. LIMITATIONS ON DISTRICT POWERS. The
21412	21412	district may not:
21413	21413	(1) impose a tax of any type;
21414	21414	(2) exercise the power of eminent domain;
21415	21415	(3) acquire land;
21416	21416	(4) issue or sell bonds; or
21417	21417	(5) purchase, sell, transport, or distribute surface
21418	21418	water or groundwater. (Acts 78th Leg., R.S., Ch. 772, Sec. 11(a).)
21419	21419	Sec. 8826.103. WELLS EXEMPT FROM REGULATION. (a) For a new
21420	21420	or existing water well on private property that serves only a
21421	21421	single-family dwelling used only for domestic purposes, the
21422	21422	district may not:
21423	21423	(1) assess or collect a fee of any type; or
21424	21424	(2) require that a meter be placed on the well.
21425	21425	(b) For a new or existing water well used only for
21426	21426	agriculture, as that term is defined by Section 36.001, Water Code,
21427	21427	the district may not:
21428	21428	(1) assess or collect a fee of any type; or
21429	21429	(2) require that a meter be placed on the well. (Acts
21430	21430	78th Leg., R.S., Ch. 772, Secs. 11(b), (c).)
21431	21431	[Sections 8826.104-8826.150 reserved for expansion]
21432	21432	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
21433	21433	Sec. 8826.151. FEES. Unless exempt under this chapter or
21434	21434	Chapter 36, Water Code, the board may establish by schedule and
21435	21435	impose:
21436	21436	(1) a production fee under Section 36.205, Water Code;
21437	21437	(2) an export fee for groundwater transferred out of
21438	21438	the district in an amount not to exceed 150 percent of the maximum
21439	21439	wholesale water rate charged by the City of Houston; and
21440	21440	(3) other fees as authorized by Chapter 36, Water
21441	21441	Code. (Acts 78th Leg., R.S., Ch. 772, Sec. 12.)
21442	21442	CHAPTER 8827. BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT
21443	21443	SUBCHAPTER A. GENERAL PROVISIONS
21444	21444	Sec. 8827.001. DEFINITIONS
21445	21445	Sec. 8827.002. NATURE OF DISTRICT
21446	21446	Sec. 8827.003. FINDINGS OF PUBLIC USE AND BENEFIT
21447	21447	Sec. 8827.004. DISTRICT TERRITORY
21448	21448	Sec. 8827.005. DISTRICT NAME CHANGE
21449	21449	[Sections 8827.006-8827.050 reserved for expansion]
21450	21450	SUBCHAPTER B. BOARD OF DIRECTORS
21451	21451	Sec. 8827.051. COMPOSITION OF BOARD; TERMS
21452	21452	Sec. 8827.052. APPOINTMENT OF DIRECTORS
21453	21453	Sec. 8827.053. BOARD VACANCY
21454	21454	Sec. 8827.054. COMPENSATION; EXPENSES
21455	21455	[Sections 8827.055-8827.100 reserved for expansion]
21456	21456	SUBCHAPTER C. POWERS AND DUTIES
21457	21457	Sec. 8827.101. GROUNDWATER CONSERVATION DISTRICT
21458	21458	POWERS AND DUTIES
21459	21459	Sec. 8827.102. LIMITATIONS ON DISTRICT POWERS RELATING
21460	21460	TO REAL PROPERTY
21461	21461	Sec. 8827.103. GROUNDWATER TRANSFER RESTRICTIONS AND
21462	21462	FEES
21463	21463	CHAPTER 8827. BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT
21464	21464	SUBCHAPTER A. GENERAL PROVISIONS
21465	21465	Sec. 8827.001. DEFINITIONS. In this chapter:
21466	21466	(1) "Board" means the district's board of directors.
21467	21467	(2) "Commissioners court" means the Brewster County
21468	21468	Commissioners Court.
21469	21469	(3) "Director" means a board member.
21470	21470	(4) "District" means the Brewster County Groundwater
21471	21471	Conservation District. (Acts 77th Leg., R.S., Ch. 1291, Sec. 2;
21472	21472	New.)
21473	21473	Sec. 8827.002. NATURE OF DISTRICT. The district is a
21474	21474	groundwater conservation district in Brewster County created under
21475	21475	and essential to accomplish the purposes of Section 59, Article
21476	21476	XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1291, Secs.
21477	21477	1(a) (part), (b).)
21478	21478	Sec. 8827.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
21479	21479	district is created to serve a public use and benefit.
21480	21480	(b) All land and other property included in the district
21481	21481	will benefit from the works and projects accomplished by the
21482	21482	district under the powers conferred by Section 59, Article XVI,
21483	21483	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1291, Sec. 4.)
21484	21484	Sec. 8827.004. DISTRICT TERRITORY. The district's
21485	21485	boundaries are coextensive with the boundaries of Brewster County
21486	21486	unless the district's territory has been modified under:
21487	21487	(1) Subchapter J, Chapter 36, Water Code; or
21488	21488	(2) other law. (Acts 77th Leg., R.S., Ch. 1291, Sec.
21489	21489	3; New.)
21490	21490	Sec. 8827.005. DISTRICT NAME CHANGE. The board by
21491	21491	resolution may change the name of the district if the district
21492	21492	annexes territory. (Acts 77th Leg., R.S., Ch. 1291, Sec. 10.)
21493	21493	[Sections 8827.006-8827.050 reserved for expansion]
21494	21494	SUBCHAPTER B. BOARD OF DIRECTORS
21495	21495	Sec. 8827.051. COMPOSITION OF BOARD; TERMS. (a) The
21496	21496	district is governed by a board of seven directors appointed by the
21497	21497	commissioners court.
21498	21498	(b) The board is composed of:
21499	21499	(1) three directors who represent the municipalities
21500	21500	or population centers of Alpine, Lajitas, Marathon, Study Butte,
21501	21501	and Terlingua;
21502	21502	(2) three directors who represent the rural part of
21503	21503	Brewster County, exclusive of the municipalities or population
21504	21504	centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua;
21505	21505	and
21506	21506	(3) one director who represents Brewster County at
21507	21507	large.
21508	21508	(c) A director described by Subsection (b)(1) must reside in
21509	21509	or in the immediate area of a municipality or population center
21510	21510	listed in that subsection.
21511	21511	(d) At least one director must reside in each county
21512	21512	commissioners precinct.
21513	21513	(e) Directors serve staggered three-year terms. (Acts 77th
21514	21514	Leg., R.S., Ch. 1291, Secs. 7(a), (b), (c), (d), (f).)
21515	21515	Sec. 8827.052. APPOINTMENT OF DIRECTORS. The commissioners
21516	21516	court shall appoint a director to succeed a director on or before
21517	21517	the date the director's term expires. (Acts 77th Leg., R.S., Ch.
21518	21518	1291, Sec. 7(i).)
21519	21519	Sec. 8827.053. BOARD VACANCY. If there is a vacancy on the
21520	21520	board, the commissioners court shall appoint a director to serve
21521	21521	the remainder of the term. (Acts 77th Leg., R.S., Ch. 1291, Sec.
21522	21522	7(h).)
21523	21523	Sec. 8827.054. COMPENSATION; EXPENSES. A director may not
21524	21524	receive a salary or other compensation for service as a director but
21525	21525	may be reimbursed for actual expenses of attending meetings at the
21526	21526	rate in effect for employees of Brewster County. (Acts 77th Leg.,
21527	21527	R.S., Ch. 1291, Sec. 7(j).)
21528	21528	[Sections 8827.055-8827.100 reserved for expansion]
21529	21529	SUBCHAPTER C. POWERS AND DUTIES
21530	21530	Sec. 8827.101. GROUNDWATER CONSERVATION DISTRICT POWERS
21531	21531	AND DUTIES. The district has the rights, powers, privileges,
21532	21532	functions, and duties provided by the general law of this state,
21533	21533	including Chapter 36, Water Code, applicable to groundwater
21534	21534	conservation districts created under Section 59, Article XVI, Texas
21535	21535	Constitution. (Acts 77th Leg., R.S., Ch. 1291, Sec. 5(a) (part).)
21536	21536	Sec. 8827.102. LIMITATIONS ON DISTRICT POWERS RELATING TO
21537	21537	REAL PROPERTY. Notwithstanding other law:
21538	21538	(1) the district may not exercise the power of eminent
21539	21539	domain; and
21540	21540	(2) an agent or employee of the district may not enter
21541	21541	private property without the permission of the landowner or the
21542	21542	landowner's agent except to inspect a permitted well and to ensure
21543	21543	compliance with district rules. (Acts 77th Leg., R.S., Ch. 1291,
21544	21544	Sec. 6.)
21545	21545	Sec. 8827.103. GROUNDWATER TRANSFER RESTRICTIONS AND FEES.
21546	21546	(a) The district may limit and impose fees on the transfer of
21547	21547	groundwater out of the district if, after public notice and a
21548	21548	hearing and in accordance with district rules, the district finds
21549	21549	that restrictions or fees on transfer are in the district's best
21550	21550	interests.
21551	21551	(b) In making the determination under Subsection (a), the
21552	21552	district shall consider:
21553	21553	(1) the availability of water in the district and in
21554	21554	the receiving area during the period for which the proposed water
21555	21555	transfer is requested;
21556	21556	(2) the availability of feasible and practicable
21557	21557	alternative supplies to the applicant proposing the transfer;
21558	21558	(3) the amount and proposed use of the transferred
21559	21559	water in the receiving area;
21560	21560	(4) the projected effect of the proposed transfer on
21561	21561	aquifer conditions, depletion, or subsidence or effects on existing
21562	21562	permit holders or other groundwater users within the district;
21563	21563	(5) the projected environmental and economic effects
21564	21564	on the district; and
21565	21565	(6) the compatibility of the proposed transfer with
21566	21566	the approved regional plan and certified district management plan.
21567	21567	(Acts 77th Leg., R.S., Ch. 1291, Sec. 5(c).)
21568	21568	CHAPTER 8828. CLEAR FORK GROUNDWATER CONSERVATION DISTRICT
21569	21569	SUBCHAPTER A. GENERAL PROVISIONS
21570	21570	Sec. 8828.001. DEFINITIONS
21571	21571	Sec. 8828.002. NATURE OF DISTRICT
21572	21572	Sec. 8828.003. FINDINGS OF PUBLIC USE AND BENEFIT
21573	21573	Sec. 8828.004. DISTRICT TERRITORY
21574	21574	Sec. 8828.005. DISTRICT NAME CHANGE
21575	21575	Sec. 8828.006. CONFLICTS OF LAW
21576	21576	[Sections 8828.007-8828.050 reserved for expansion]
21577	21577	SUBCHAPTER B. BOARD OF DIRECTORS
21578	21578	Sec. 8828.051. COMPOSITION OF BOARD; TERMS
21579	21579	Sec. 8828.052. ELECTION OF DIRECTORS
21580	21580	Sec. 8828.053. ELECTION DATE
21581	21581	Sec. 8828.054. QUALIFICATIONS FOR OFFICE
21582	21582	Sec. 8828.055. BOARD VACANCY
21583	21583	[Sections 8828.056-8828.100 reserved for expansion]
21584	21584	SUBCHAPTER C. POWERS AND DUTIES
21585	21585	Sec. 8828.101. GROUNDWATER CONSERVATION DISTRICT
21586	21586	POWERS AND DUTIES
21587	21587	Sec. 8828.102. NO EMINENT DOMAIN POWER
21588	21588	[Sections 8828.103-8828.150 reserved for expansion]
21589	21589	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
21590	21590	Sec. 8828.151. DISTRICT REVENUE
21591	21591	CHAPTER 8828. CLEAR FORK GROUNDWATER CONSERVATION DISTRICT
21592	21592	SUBCHAPTER A. GENERAL PROVISIONS
21593	21593	Sec. 8828.001. DEFINITIONS. In this chapter:
21594	21594	(1) "Board" means the district's board of directors.
21595	21595	(2) "Director" means a board member.
21596	21596	(3) "District" means the Clear Fork Groundwater
21597	21597	Conservation District. (Acts 77th Leg., R.S., Ch. 1474, Sec. 2;
21598	21598	New.)
21599	21599	Sec. 8828.002. NATURE OF DISTRICT. The district is a
21600	21600	groundwater conservation district in Fisher County created under
21601	21601	and essential to accomplish the purposes of Section 59, Article
21602	21602	XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1474, Secs.
21603	21603	1(a) (part), (b).)
21604	21604	Sec. 8828.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
21605	21605	district is created to serve a public use and benefit.
21606	21606	(b) All land and other property included in the district
21607	21607	will benefit from the works and projects accomplished by the
21608	21608	district under the powers conferred by Section 59, Article XVI,
21609	21609	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1474, Sec. 4.)
21610	21610	Sec. 8828.004. DISTRICT TERRITORY. The district's
21611	21611	boundaries are coextensive with the boundaries of Fisher County,
21612	21612	Texas, unless the district's territory has been modified under:
21613	21613	(1) Subchapter J, Chapter 36, Water Code; or
21614	21614	(2) other law. (Acts 77th Leg., R.S., Ch. 1474, Sec.
21615	21615	3; New.)
21616	21616	Sec. 8828.005. DISTRICT NAME CHANGE. The board may change
21617	21617	the district's name when the district annexes territory. (Acts
21618	21618	77th Leg., R.S., Ch. 1474, Sec. 13.)
21619	21619	Sec. 8828.006. CONFLICTS OF LAW. (a) Except as otherwise
21620	21620	provided by this chapter, if there is a conflict between this
21621	21621	chapter and Chapter 36 or 49, Water Code, this chapter controls.
21622	21622	(b) If there is a conflict between Chapters 36 and 49, Water
21623	21623	Code, Chapter 36 controls. (Acts 77th Leg., R.S., Ch. 1474, Sec.
21624	21624	12.)
21625	21625	[Sections 8828.007-8828.050 reserved for expansion]
21626	21626	SUBCHAPTER B. BOARD OF DIRECTORS
21627	21627	Sec. 8828.051. COMPOSITION OF BOARD; TERMS. (a) The
21628	21628	district is governed by a board of five directors.
21629	21629	(b) Directors serve staggered four-year terms. (Acts 77th
21630	21630	Leg., R.S., Ch. 1474, Secs. 6(a), (d).)
21631	21631	Sec. 8828.052. ELECTION OF DIRECTORS. (a) Directors are
21632	21632	elected according to the commissioners precinct method as provided
21633	21633	by this section.
21634	21634	(b) One director is elected by the voters of the entire
21635	21635	district. One director is elected from each county commissioners
21636	21636	precinct by the voters of that precinct.
21637	21637	(c) A person shall indicate on the application for a place
21638	21638	on the ballot:
21639	21639	(1) the precinct that the person seeks to represent;
21640	21640	or
21641	21641	(2) that the person seeks to represent the district at
21642	21642	large.
21643	21643	(d) At the first election of the district after the county
21644	21644	commissioners precincts are redrawn under Section 18, Article V,
21645	21645	Texas Constitution, a new director is elected from each precinct.
21646	21646	The directors shall draw lots to determine which two directors
21647	21647	shall serve two-year terms and which two directors shall serve
21648	21648	four-year terms. (Acts 77th Leg., R.S., Ch. 1474, Secs. 8(a), (b),
21649	21649	(d), (e).)
21650	21650	Sec. 8828.053. ELECTION DATE. The district shall hold an
21651	21651	election in the district to elect directors on the uniform election
21652	21652	date in May of each even-numbered year. (Acts 77th Leg., R.S., Ch.
21653	21653	1474, Sec. 10(b).)
21654	21654	Sec. 8828.054. QUALIFICATIONS FOR OFFICE. (a) To be
21655	21655	qualified to be a candidate for or to serve as director at large, a
21656	21656	person must be a registered voter in the district.
21657	21657	(b) To be a candidate for or to serve as director from a
21658	21658	county commissioners precinct, a person must be a registered voter
21659	21659	of that precinct. (Acts 77th Leg., R.S., Ch. 1474, Sec. 8(c).)
21660	21660	Sec. 8828.055. BOARD VACANCY. (a) The board shall appoint
21661	21661	a replacement to fill a vacancy in the office of any director.
21662	21662	(b) The appointed replacement serves until the next
21663	21663	directors' election.
21664	21664	(c) If the position is not scheduled to be filled at the next
21665	21665	election, the person elected to fill the position serves only for
21666	21666	the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
21667	21667	1474, Sec. 6(g).)
21668	21668	[Sections 8828.056-8828.100 reserved for expansion]
21669	21669	SUBCHAPTER C. POWERS AND DUTIES
21670	21670	Sec. 8828.101. GROUNDWATER CONSERVATION DISTRICT POWERS
21671	21671	AND DUTIES. Except as provided by this chapter, the district has
21672	21672	the rights, powers, privileges, functions, and duties provided by
21673	21673	the general law of this state, including Chapter 36, Water Code,
21674	21674	applicable to groundwater conservation districts created under
21675	21675	Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
21676	21676	R.S., Ch. 1474, Sec. 5(a) (part).)
21677	21677	Sec. 8828.102. NO EMINENT DOMAIN POWER. The district does
21678	21678	not have the power of eminent domain. (Acts 77th Leg., R.S., Ch.
21679	21679	1474, Sec. 5(b).)
21680	21680	[Sections 8828.103-8828.150 reserved for expansion]
21681	21681	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
21682	21682	Sec. 8828.151. DISTRICT REVENUE. To pay the district's
21683	21683	maintenance and operating costs, the district may:
21684	21684	(1) impose an ad valorem tax at a rate not to exceed
21685	21685	five cents for each $100 of taxable value of property in the
21686	21686	district;
21687	21687	(2) assess general production fees;
21688	21688	(3) solicit and accept grants from any public or
21689	21689	private source; and
21690	21690	(4) assess a transfer fee on water exported from the
21691	21691	district. (Acts 77th Leg., R.S., Ch. 1474, Sec. 11.)
21692	21692	CHAPTER 8829. COASTAL BEND GROUNDWATER CONSERVATION DISTRICT
21693	21693	SUBCHAPTER A. GENERAL PROVISIONS
21694	21694	Sec. 8829.001. DEFINITIONS
21695	21695	Sec. 8829.002. NATURE OF DISTRICT
21696	21696	Sec. 8829.003. FINDINGS OF PUBLIC USE AND BENEFIT
21697	21697	Sec. 8829.004. DISTRICT TERRITORY
21698	21698	Sec. 8829.005. DISTRICT NAME CHANGE
21699	21699	Sec. 8829.006. CONFLICTS OF LAW
21700	21700	[Sections 8829.007-8829.050 reserved for expansion]
21701	21701	SUBCHAPTER B. BOARD OF DIRECTORS
21702	21702	Sec. 8829.051. COMPOSITION OF BOARD; TERMS
21703	21703	Sec. 8829.052. ELECTION OF DIRECTORS
21704	21704	Sec. 8829.053. ELECTION DATE
21705	21705	Sec. 8829.054. QUALIFICATIONS FOR OFFICE
21706	21706	Sec. 8829.055. BOARD VACANCY
21707	21707	Sec. 8829.056. COMPOSITION OF BOARD AND ELECTION OF
21708	21708	DIRECTORS FOLLOWING ANNEXATION
21709	21709	Sec. 8829.057. REVISION OF VOTING DISTRICTS
21710	21710	[Sections 8829.058-8829.100 reserved for expansion]
21711	21711	SUBCHAPTER C. POWERS AND DUTIES
21712	21712	Sec. 8829.101. GROUNDWATER CONSERVATION DISTRICT
21713	21713	POWERS AND DUTIES
21714	21714	Sec. 8829.102. REGIONAL COOPERATION
21715	21715	[Sections 8829.103-8829.150 reserved for expansion]
21716	21716	SUBCHAPTER D. FINANCIAL PROVISIONS
21717	21717	Sec. 8829.151. DISTRICT REVENUE
21718	21718	CHAPTER 8829. COASTAL BEND GROUNDWATER CONSERVATION DISTRICT
21719	21719	SUBCHAPTER A. GENERAL PROVISIONS
21720	21720	Sec. 8829.001. DEFINITIONS. In this chapter:
21721	21721	(1) "Board" means the district's board of directors.
21722	21722	(2) "Director" means a board member.
21723	21723	(3) "District" means the Coastal Bend Groundwater
21724	21724	Conservation District. (Acts 77th Leg., R.S., Ch. 1294, Sec. 2;
21725	21725	New.)
21726	21726	Sec. 8829.002. NATURE OF DISTRICT. The district is a
21727	21727	groundwater conservation district in Wharton County created under
21728	21728	and essential to accomplish the purposes of Section 59, Article
21729	21729	XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1294, Secs.
21730	21730	1(a) (part), (b).)
21731	21731	Sec. 8829.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
21732	21732	district is created to serve a public use and benefit.
21733	21733	(b) All land and other property included in the district
21734	21734	will benefit from the works and projects accomplished by the
21735	21735	district under the powers conferred by Section 59, Article XVI,
21736	21736	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1294, Sec. 4.)
21737	21737	Sec. 8829.004. DISTRICT TERRITORY. The district's
21738	21738	boundaries are coextensive with the boundaries of Wharton County,
21739	21739	Texas, unless the district's territory has been modified under:
21740	21740	(1) Subchapter J, Chapter 36, Water Code; or
21741	21741	(2) other law. (Acts 77th Leg., R.S., Ch. 1294, Sec.
21742	21742	3; New.)
21743	21743	Sec. 8829.005. DISTRICT NAME CHANGE. The board may change
21744	21744	the district's name when the district annexes territory. (Acts
21745	21745	77th Leg., R.S., Ch. 1294, Sec. 14.)
21746	21746	Sec. 8829.006. CONFLICTS OF LAW. (a) Except as otherwise
21747	21747	provided by this chapter, if there is a conflict between this
21748	21748	chapter and Chapter 36 or 49, Water Code, this chapter controls.
21749	21749	(b) If there is a conflict between Chapters 36 and 49, Water
21750	21750	Code, Chapter 36 controls. (Acts 77th Leg., R.S., Ch. 1294, Sec.
21751	21751	13.)
21752	21752	[Sections 8829.007-8829.050 reserved for expansion]
21753	21753	SUBCHAPTER B. BOARD OF DIRECTORS
21754	21754	Sec. 8829.051. COMPOSITION OF BOARD; TERMS. (a) Except as
21755	21755	provided by Section 8829.056(b), the district is governed by a
21756	21756	board of five directors.
21757	21757	(b) Directors serve staggered four-year terms. (Acts 77th
21758	21758	Leg., R.S., Ch. 1294, Secs. 7(a), (d).)
21759	21759	Sec. 8829.052. ELECTION OF DIRECTORS. (a) Except as
21760	21760	provided by Section 8829.056, this section and Sections 8829.053
21761	21761	and 8829.054 govern the election and qualifications of directors.
21762	21762	(b) Directors are elected according to the commissioners
21763	21763	precinct method as provided by this section.
21764	21764	(c) One director is elected by the voters of the entire
21765	21765	district. One director is elected from each county commissioners
21766	21766	precinct by the voters of that precinct.
21767	21767	(d) A person shall indicate on the application for a place
21768	21768	on the ballot:
21769	21769	(1) the precinct that the person seeks to represent;
21770	21770	or
21771	21771	(2) that the person seeks to represent the district at
21772	21772	large.
21773	21773	(e) At the first election after the county commissioners
21774	21774	precincts are redrawn under Section 18, Article V, Texas
21775	21775	Constitution, a new director is elected from each precinct. The
21776	21776	directors shall draw lots to determine which two directors shall
21777	21777	serve two-year terms and which two directors shall serve four-year
21778	21778	terms. (Acts 77th Leg., R.S., Ch. 1294, Secs. 9(a), (b), (d), (e),
21779	21779	9A(a) (part).)
21780	21780	Sec. 8829.053. ELECTION DATE. (a) The district shall hold
21781	21781	an election in the district to elect directors on the first Tuesday
21782	21782	after the first Monday in November of each even-numbered year.
21783	21783	(b) The district shall hold elections for the directors for:
21784	21784	(1) Precincts 1 and 3 every four years after 2004; and
21785	21785	(2) Precincts 2 and 4 and the district at large every
21786	21786	four years after 2002. (Acts 77th Leg., R.S., Ch. 1294, Sec. 11.)
21787	21787	Sec. 8829.054. QUALIFICATIONS FOR OFFICE. (a) To be
21788	21788	qualified to be a candidate for or to serve as director at large, a
21789	21789	person must be a registered voter in the district.
21790	21790	(b) To be a candidate for or to serve as director from a
21791	21791	county commissioners precinct, a person must be a registered voter
21792	21792	of that precinct. (Acts 77th Leg., R.S., Ch. 1294, Sec. 9(c).)
21793	21793	Sec. 8829.055. BOARD VACANCY. (a) The board shall appoint
21794	21794	a replacement to fill a vacancy in the office of any director.
21795	21795	(b) The appointed replacement serves until the next
21796	21796	directors' election.
21797	21797	(c) If the position is not scheduled to be filled at the next
21798	21798	election, the person elected to fill the position serves only for
21799	21799	the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
21800	21800	1294, Sec. 7(g).)
21801	21801	Sec. 8829.056. COMPOSITION OF BOARD AND ELECTION OF
21802	21802	DIRECTORS FOLLOWING ANNEXATION. (a) If the district annexes
21803	21803	territory, the board of directors of the district by resolution
21804	21804	shall adopt an appropriate and equitable method for:
21805	21805	(1) electing directors for the district;
21806	21806	(2) drawing voting district boundaries if required by
21807	21807	the method adopted; and
21808	21808	(3) maintaining staggered terms for the directors.
21809	21809	(b) If the district annexes territory, the board by
21810	21810	resolution may add one or more directors as provided by Section
21811	21811	36.051, Water Code.
21812	21812	(c) If the board votes to add a director to represent
21813	21813	annexed territory under Subsection (b), at an election to ratify
21814	21814	annexation under Section 36.328, Water Code, the board may include
21815	21815	on the ballot the names of candidates for director to represent the
21816	21816	annexed territory on the board. A director elected under this
21817	21817	subsection serves until an election is held under Subsection (d).
21818	21818	(d) A method of electing directors adopted under Subsection
21819	21819	(a):
21820	21820	(1) supersedes the method of electing directors
21821	21821	provided by Sections 8829.052-8829.054; and
21822	21822	(2) applies beginning with the election held on the
21823	21823	first date provided by Section 8829.053 that:
21824	21824	(A) occurs after the date the annexation of the
21825	21825	territory is final; and
21826	21826	(B) allows sufficient time to comply with any
21827	21827	requirements of law.
21828	21828	(e) The method of electing directors provided by Sections
21829	21829	8829.052-8829.054 applies until an election is held under
21830	21830	Subsection (d).
21831	21831	(f) To be eligible to be a candidate for or to serve as a
21832	21832	director of the district under this section, a person must:
21833	21833	(1) be a registered voter of the district; and
21834	21834	(2) comply with each requirement stated in a
21835	21835	resolution adopted under Subsection (a). (Acts 77th Leg., R.S.,
21836	21836	Ch. 1294, Secs. 7A, 9A(a) (part), (b), (c), (d), (e).)
21837	21837	Sec. 8829.057. REVISION OF VOTING DISTRICTS. (a) The board
21838	21838	may revise voting districts as necessary or appropriate.
21839	21839	(b) If the board adopts a method for electing directors
21840	21840	based on voting districts, the board shall revise each district
21841	21841	after each federal decennial census to reflect population changes.
21842	21842	(c) When the boundaries of the voting districts are redrawn,
21843	21843	a director serving on the effective date of the change, or elected
21844	21844	or appointed before the effective date of the change to a term of
21845	21845	office beginning on or after the effective date of the change,
21846	21846	serves the term or the remainder of the term in the district to
21847	21847	which elected or appointed even though the change in district
21848	21848	boundaries places the person's residence outside the district for
21849	21849	which the person was elected or appointed. (Acts 77th Leg., R.S.,
21850	21850	Ch. 1294, Sec. 9A(f).)
21851	21851	[Sections 8829.058-8829.100 reserved for expansion]
21852	21852	SUBCHAPTER C. POWERS AND DUTIES
21853	21853	Sec. 8829.101. GROUNDWATER CONSERVATION DISTRICT POWERS
21854	21854	AND DUTIES. Except as provided by this chapter, the district has
21855	21855	the rights, powers, duties, privileges, and functions provided by
21856	21856	the general law of this state, including Chapter 36, Water Code,
21857	21857	applicable to groundwater conservation districts created under
21858	21858	Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
21859	21859	R.S., Ch. 1294, Sec. 5 (part).)
21860	21860	Sec. 8829.102. REGIONAL COOPERATION. (a) In recognition
21861	21861	of the need for uniform regional monitoring and regulation of
21862	21862	common, scientifically recognized groundwater sources, and within
21863	21863	designated management areas, the district shall establish rules
21864	21864	that:
21865	21865	(1) require the permitting of each water well that is:
21866	21866	(A) not exempt from permitting by Chapter 36,
21867	21867	Water Code; and
21868	21868	(B) capable of producing more than 25,000 gallons
21869	21869	each day;
21870	21870	(2) provide for the prevention of waste, as defined by
21871	21871	Section 36.001, Water Code;
21872	21872	(3) provide for timely capping or plugging of
21873	21873	abandoned wells; and
21874	21874	(4) require reports to be filed with the district on
21875	21875	each new, nonexempt water well.
21876	21876	(b) A report required under Subsection (a)(4) must include:
21877	21877	(1) the driller's log;
21878	21878	(2) a description of the casing and pumping equipment
21879	21879	installed;
21880	21880	(3) the capacity of the well; and
21881	21881	(4) the intended use of the water.
21882	21882	(c) To further regional continuity, the district shall:
21883	21883	(1) seek to participate in at least one coordination
21884	21884	meeting annually with each adjacent district that shares an aquifer
21885	21885	with the district;
21886	21886	(2) coordinate the collection of data with adjacent
21887	21887	districts in a manner designed to achieve uniformity of data
21888	21888	quality;
21889	21889	(3) coordinate efforts to monitor water quality with
21890	21890	adjacent districts, local governments, and state agencies;
21891	21891	(4) investigate any groundwater pollution with the
21892	21892	intention of locating its source and report its findings to
21893	21893	adjacent districts and appropriate state agencies;
21894	21894	(5) provide to adjacent districts annually an
21895	21895	inventory of new water wells in the district and an estimate of
21896	21896	groundwater production within the district; and
21897	21897	(6) include adjacent districts on the mailing lists
21898	21898	for district newsletters, seminars, public education events, news
21899	21899	articles, and field days. (Acts 77th Leg., R.S., Ch. 1294, Sec. 6.)
21900	21900	[Sections 8829.103-8829.150 reserved for expansion]
21901	21901	SUBCHAPTER D. FINANCIAL PROVISIONS
21902	21902	Sec. 8829.151. DISTRICT REVENUE. To pay the district's
21903	21903	maintenance and operating costs, the district may:
21904	21904	(1) impose an ad valorem tax at a rate not to exceed
21905	21905	five cents for each $100 of taxable value of property in the
21906	21906	district;
21907	21907	(2) assess general production fees;
21908	21908	(3) solicit and accept grants from any public or
21909	21909	private source; and
21910	21910	(4) assess a transfer fee on water exported from the
21911	21911	district. (Acts 77th Leg., R.S., Ch. 1294, Sec. 12.)
21912	21912	CHAPTER 8831. COASTAL PLAINS GROUNDWATER
21913	21913	CONSERVATION DISTRICT
21914	21914	SUBCHAPTER A. GENERAL PROVISIONS
21915	21915	Sec. 8831.001. DEFINITIONS
21916	21916	Sec. 8831.002. NATURE OF DISTRICT
21917	21917	Sec. 8831.003. FINDINGS OF PUBLIC USE AND BENEFIT
21918	21918	Sec. 8831.004. DISTRICT TERRITORY
21919	21919	[Sections 8831.005-8831.050 reserved for expansion]
21920	21920	SUBCHAPTER B. BOARD OF DIRECTORS
21921	21921	Sec. 8831.051. COMPOSITION OF BOARD; TERMS
21922	21922	Sec. 8831.052. ELECTION OF DIRECTORS
21923	21923	Sec. 8831.053. ELECTION DATE
21924	21924	Sec. 8831.054. ELIGIBILITY
21925	21925	Sec. 8831.055. BOARD VACANCY
21926	21926	[Sections 8831.056-8831.100 reserved for expansion]
21927	21927	SUBCHAPTER C. POWERS AND DUTIES
21928	21928	Sec. 8831.101. GROUNDWATER CONSERVATION DISTRICT
21929	21929	POWERS AND DUTIES
21930	21930	Sec. 8831.102. REGIONAL COOPERATION
21931	21931	[Sections 8831.103-8831.150 reserved for expansion]
21932	21932	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
21933	21933	Sec. 8831.151. DISTRICT REVENUE
21934	21934	CHAPTER 8831. COASTAL PLAINS GROUNDWATER
21935	21935	CONSERVATION DISTRICT
21936	21936	SUBCHAPTER A. GENERAL PROVISIONS
21937	21937	Sec. 8831.001. DEFINITIONS. In this chapter:
21938	21938	(1) "Board" means the district's board of directors.
21939	21939	(2) "Director" means a board member.
21940	21940	(3) "District" means the Coastal Plains Groundwater
21941	21941	Conservation District. (Acts 77th Leg., R.S., Ch. 1358, Sec. 2;
21942	21942	New.)
21943	21943	Sec. 8831.002. NATURE OF DISTRICT. The district is a
21944	21944	groundwater conservation district in Matagorda County created
21945	21945	under and essential to accomplish the purposes of Section 59,
21946	21946	Article XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1358,
21947	21947	Secs. 1(a) (part), (b).)
21948	21948	Sec. 8831.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
21949	21949	district is created to serve a public use and benefit.
21950	21950	(b) All land and other property included in the district
21951	21951	will benefit from the works and projects accomplished by the
21952	21952	district under the powers conferred by Section 59, Article XVI,
21953	21953	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1358, Sec. 4.)
21954	21954	Sec. 8831.004. DISTRICT TERRITORY. The district's
21955	21955	boundaries are coextensive with the boundaries of Matagorda County,
21956	21956	Texas, unless the district's territory has been modified under:
21957	21957	(1) Subchapter J, Chapter 36, Water Code; or
21958	21958	(2) other law. (Acts 77th Leg., R.S., Ch. 1358, Sec.
21959	21959	3; New.)
21960	21960	[Sections 8831.005-8831.050 reserved for expansion]
21961	21961	SUBCHAPTER B. BOARD OF DIRECTORS
21962	21962	Sec. 8831.051. COMPOSITION OF BOARD; TERMS. (a) The
21963	21963	district is governed by a board of seven directors.
21964	21964	(b) Directors serve staggered four-year terms. (Acts 77th
21965	21965	Leg., R.S., Ch. 1358, Secs. 7(a), (d).)
21966	21966	Sec. 8831.052. ELECTION OF DIRECTORS. (a) Three directors
21967	21967	are elected by the voters of the entire district. One director is
21968	21968	elected from each county commissioners precinct by the voters of
21969	21969	that precinct. The directors elected from precincts 1-4 occupy
21970	21970	positions 1-4, respectively, on the board. The at-large directors
21971	21971	occupy positions 5-7, respectively, on the board.
21972	21972	(b) A person shall indicate on the application for a place
21973	21973	on the ballot the position on the board for which the person is a
21974	21974	candidate.
21975	21975	(c) At the first election after the county commissioners
21976	21976	precincts are redrawn under Section 18, Article V, Texas
21977	21977	Constitution, each director in office on the effective date of the
21978	21978	change, or elected to a term of office beginning on or after the
21979	21979	effective date of the change, shall serve, unless otherwise removed
21980	21980	as provided by law, in the position to which each was elected for
21981	21981	the entire term to which elected, even though the change in
21982	21982	boundaries places the director's residence outside the precinct
21983	21983	from which the director was elected. (Acts 77th Leg., R.S., Ch.
21984	21984	1358, Secs. 9(a), (c), (d).)
21985	21985	Sec. 8831.053. ELECTION DATE. Each even-numbered year, the
21986	21986	board shall hold an election in the district on a uniform election
21987	21987	date provided by Section 41.001(a), Election Code, to elect the
21988	21988	appropriate number of directors. If the board changes the election
21989	21989	date, the district shall adjust the terms of office to conform to
21990	21990	the new election date. (Acts 77th Leg., R.S., Ch. 1358, Sec. 11.)
21991	21991	Sec. 8831.054. ELIGIBILITY. (a) To be eligible to be a
21992	21992	candidate for or to serve as a director at large, a person must be a
21993	21993	registered voter of the district.
21994	21994	(b) To be eligible to be a candidate for or to serve as a
21995	21995	director from a county commissioners precinct, a person must be a
21996	21996	registered voter of that precinct, except as provided by Section
21997	21997	8831.052(c). (Acts 77th Leg., R.S., Ch. 1358, Sec. 9(b).)
21998	21998	Sec. 8831.055. BOARD VACANCY. (a) The board shall appoint
21999	21999	a replacement to fill a vacancy in the office of director.
22000	22000	(b) The appointed replacement serves until the next
22001	22001	directors' election.
22002	22002	(c) At that election, a person is elected to fill the
22003	22003	position. If the position is not scheduled to be filled at the
22004	22004	election, the person elected to fill the position serves only for
22005	22005	the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
22006	22006	1358, Sec. 7(g).)
22007	22007	[Sections 8831.056-8831.100 reserved for expansion]
22008	22008	SUBCHAPTER C. POWERS AND DUTIES
22009	22009	Sec. 8831.101. GROUNDWATER CONSERVATION DISTRICT POWERS
22010	22010	AND DUTIES. Except as provided by this chapter, the district has
22011	22011	the rights, powers, privileges, functions, and duties provided by
22012	22012	the general law of this state, including Chapter 36, Water Code,
22013	22013	applicable to groundwater conservation districts created under
22014	22014	Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
22015	22015	R.S., Ch. 1358, Sec. 5(a) (part).)
22016	22016	Sec. 8831.102. REGIONAL COOPERATION. To provide for
22017	22017	uniformity across districts in addressing the need to achieve a
22018	22018	common approach to managing the underlying aquifer and to ensure
22019	22019	that administration of the district will be cost-effective, the
22020	22020	district shall:
22021	22021	(1) attempt to coordinate meetings with adjacent
22022	22022	districts;
22023	22023	(2) encourage sharing of personnel and resources to
22024	22024	achieve administrative cost savings;
22025	22025	(3) study a common approach for collecting and sharing
22026	22026	appropriate data to be used in managing the aquifer;
22027	22027	(4) support cooperation in the investigation of
22028	22028	aquifer contamination; and
22029	22029	(5) include adjacent districts on mailing lists for
22030	22030	district meeting announcements, newsletters, public meetings, and
22031	22031	other scheduled events. (Acts 77th Leg., R.S., Ch. 1358, Sec. 6.)
22032	22032	[Sections 8831.103-8831.150 reserved for expansion]
22033	22033	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
22034	22034	Sec. 8831.151. DISTRICT REVENUE. To pay the district's
22035	22035	maintenance and operating costs and to pay any bonds issued by the
22036	22036	district, the district may:
22037	22037	(1) impose an ad valorem tax at a rate not to exceed
22038	22038	2.5 cents for each $100 of taxable value of property in the
22039	22039	district, subject to voter approval;
22040	22040	(2) assess fees for services or for water withdrawn
22041	22041	from wells; or
22042	22042	(3) solicit and accept grants from any public or
22043	22043	private source. (Acts 77th Leg., R.S., Ch. 1358, Sec. 12.)
22044	22044	CHAPTER 8832. MESQUITE GROUNDWATER CONSERVATION DISTRICT
22045	22045	SUBCHAPTER A. GENERAL PROVISIONS
22046	22046	Sec. 8832.001. DEFINITIONS
22047	22047	Sec. 8832.002. NATURE OF DISTRICT
22048	22048	Sec. 8832.003. DISTRICT TERRITORY
22049	22049	Sec. 8832.004. DISTRICT NAME CHANGE
22050	22050	[Sections 8832.005-8832.050 reserved for expansion]
22051	22051	SUBCHAPTER B. BOARD OF DIRECTORS
22052	22052	Sec. 8832.051. COMPOSITION OF BOARD; TERMS
22053	22053	Sec. 8832.052. ELECTION OF DIRECTORS
22054	22054	Sec. 8832.053. ELECTION DATE
22055	22055	Sec. 8832.054. QUALIFICATIONS FOR ELECTION;
22056	22056	ELIGIBILITY TO SERVE
22057	22057	Sec. 8832.055. COMPOSITION OF BOARD AND ELECTION OF
22058	22058	DIRECTORS FOLLOWING ANNEXATION
22059	22059	[Sections 8832.056-8832.100 reserved for expansion]
22060	22060	SUBCHAPTER C. POWERS AND DUTIES
22061	22061	Sec. 8832.101. GENERAL POWERS AND DUTIES
22062	22062	Sec. 8832.102. ADMINISTRATIVE PROCEDURES
22063	22063	Sec. 8832.103. WELL PERMITS
22064	22064	Sec. 8832.104. WELL SPACING AND PRODUCTION
22065	22065	Sec. 8832.105. LOGS
22066	22066	Sec. 8832.106. SURVEYS
22067	22067	Sec. 8832.107. RESEARCH AND DETERMINATIONS REGARDING
22068	22068	GROUNDWATER WITHDRAWAL
22069	22069	Sec. 8832.108. COLLECTION AND PRESERVATION OF
22070	22070	INFORMATION
22071	22071	Sec. 8832.109. CONTRACT FOR SALE AND DISTRIBUTION OF
22072	22072	WATER
22073	22073	[Sections 8832.110-8832.150 reserved for expansion]
22074	22074	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
22075	22075	Sec. 8832.151. FINANCIAL RECORDS
22076	22076	CHAPTER 8832. MESQUITE GROUNDWATER CONSERVATION DISTRICT
22077	22077	SUBCHAPTER A. GENERAL PROVISIONS
22078	22078	Sec. 8832.001. DEFINITIONS. In this chapter:
22079	22079	(1) "Board" means the district's board of directors.
22080	22080	(2) "Director" means a board member.
22081	22081	(3) "District" means the Mequite Groundwater
22082	22082	Conservation District. (Acts 69th Leg., R.S., Ch. 376, Sec. 2;
22083	22083	New.)
22084	22084	Sec. 8832.002. NATURE OF DISTRICT. The district is created
22085	22085	under Section 59, Article XVI, Texas Constitution, to provide for
22086	22086	the conservation, preservation, protection, recharge, and
22087	22087	prevention of waste of the groundwater reservoirs located under
22088	22088	district land, consistent with the objectives of Section 59,
22089	22089	Article XVI, Texas Constitution, and Chapter 36, Water Code. (Acts
22090	22090	69th Leg., R.S., Ch. 376, Secs. 1 (part), 4.)
22091	22091	Sec. 8832.003. DISTRICT TERRITORY. The district includes
22092	22092	the territory in Collingsworth County and any territory annexed by
22093	22093	the district under Section 8832.055 or other law. (Acts 69th Leg.,
22094	22094	R.S., Ch. 376, Sec. 3; New.)
22095	22095	Sec. 8832.004. DISTRICT NAME CHANGE. The board by
22096	22096	resolution may change the district's name. (Acts 69th Leg., R.S.,
22097	22097	Ch. 376, Sec. 4A.)
22098	22098	[Sections 8832.005-8832.050 reserved for expansion]
22099	22099	SUBCHAPTER B. BOARD OF DIRECTORS
22100	22100	Sec. 8832.051. COMPOSITION OF BOARD; TERMS. (a) Except as
22101	22101	provided by Section 8832.055, the district is governed by a board of
22102	22102	five directors.
22103	22103	(b) Directors serve staggered four-year terms. (Acts 69th
22104	22104	Leg., R.S., Ch. 376, Secs. 13(a), (d); New.)
22105	22105	Sec. 8832.052. ELECTION OF DIRECTORS. (a) The district is
22106	22106	divided into five numbered single-member districts for electing
22107	22107	directors.
22108	22108	(b) The board may revise the single-member districts as
22109	22109	necessary or appropriate.
22110	22110	(c) One director is elected from each single-member
22111	22111	district. A director elected from a single-member district
22112	22112	represents the residents and property owners of that single-member
22113	22113	district.
22114	22114	(d) Board elections are conducted according to Sections
22115	22115	36.017(b)-(h), Water Code, and the Election Code. (Acts 69th Leg.,
22116	22116	R.S., Ch. 376, Secs. 13(c) (part), (e) (part); Acts 77th Leg., R.S.,
22117	22117	Ch. 1364, Sec. 5(d) (part).)
22118	22118	Sec. 8832.053. ELECTION DATE. A board election shall be
22119	22119	held on a uniform election date in each even-numbered year. (Acts
22120	22120	69th Leg., R.S., Ch. 376, Sec. 13(e) (part).)
22121	22121	Sec. 8832.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
22122	22122	SERVE. (a) To be qualified for election as a director, a person
22123	22123	must be:
22124	22124	(1) a resident of the district; and
22125	22125	(2) at least 18 years of age.
22126	22126	(b) To represent a single-member district, a director must
22127	22127	own property in that single-member district. (Acts 69th Leg.,
22128	22128	R.S., Ch. 376, Secs. 13(b), (c) (part).)
22129	22129	Sec. 8832.055. COMPOSITION OF BOARD AND ELECTION OF
22130	22130	DIRECTORS FOLLOWING ANNEXATION. (a) Territory may be added to the
22131	22131	district as provided by Chapter 36, Water Code.
22132	22132	(b) If the district annexes territory, the board may:
22133	22133	(1) add the annexed territory to one or more existing
22134	22134	single-member districts for purposes of electing directors;
22135	22135	(2) redraw the five single-member districts to include
22136	22136	the annexed territory; or
22137	22137	(3) add additional single-member districts for the
22138	22138	election of additional directors.
22139	22139	(c) The district may not contain more than 11 single-member
22140	22140	districts. (Acts 69th Leg., R.S., Ch. 376, Sec. 12.)
22141	22141	[Sections 8832.056-8832.100 reserved for expansion]
22142	22142	SUBCHAPTER C. POWERS AND DUTIES
22143	22143	Sec. 8832.101. GENERAL POWERS AND DUTIES. The district may
22144	22144	exercise:
22145	22145	(1) the powers essential to accomplish the purposes of
22146	22146	Section 59, Article XVI, Texas Constitution; and
22147	22147	(2) the rights, powers, duties, privileges, and
22148	22148	functions provided by this chapter, Chapter 36, Water Code, and
22149	22149	other laws of this state relating to groundwater conservation
22150	22150	districts. (Acts 69th Leg., R.S., Ch. 376, Secs. 1 (part), 5
22151	22151	(part).)
22152	22152	Sec. 8832.102. ADMINISTRATIVE PROCEDURES. Except as
22153	22153	provided by this chapter, the administrative and procedural
22154	22154	provisions of Chapter 36, Water Code, apply to the district. (Acts
22155	22155	69th Leg., R.S., Ch. 376, Sec. 6.)
22156	22156	Sec. 8832.103. WELL PERMITS. (a) As permitted by Chapter
22157	22157	36, Water Code, the district may:
22158	22158	(1) require a permit for drilling, equipping, or
22159	22159	completing a well in a groundwater reservoir in the district; and
22160	22160	(2) issue a permit that includes terms relating to
22161	22161	drilling, equipping, or completing a well that are necessary to
22162	22162	prevent waste or conserve, preserve, and protect groundwater.
22163	22163	(b) The district may not deny an owner of land, or the
22164	22164	owner's heirs, assigns, and lessees, a permit to drill a well on
22165	22165	that land or the right to produce groundwater from that well subject
22166	22166	to rules adopted under this chapter. (Acts 69th Leg., R.S., Ch.
22167	22167	376, Sec. 5 (part).)
22168	22168	Sec. 8832.104. WELL SPACING AND PRODUCTION. To minimize as
22169	22169	far as practicable the drawdown of the water table or the reduction
22170	22170	of the artesian pressure, the district as permitted by Chapter 36,
22171	22171	Water Code, may provide for the spacing of wells producing from the
22172	22172	groundwater reservoirs in the district and regulate the production
22173	22173	from those wells. (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)
22174	22174	Sec. 8832.105. LOGS. As permitted by Chapter 36, Water
22175	22175	Code, the district may require that:
22176	22176	(1) accurate driller's logs be kept of the drilling,
22177	22177	equipping, and completion of a well into a groundwater reservoir in
22178	22178	the district; and
22179	22179	(2) a copy of a driller's log and of any electric log
22180	22180	that may be made of the well be filed with the district. (Acts 69th
22181	22181	Leg., R.S., Ch. 376, Sec. 5 (part).)
22182	22182	Sec. 8832.106. SURVEYS. As permitted by Chapter 36, Water
22183	22183	Code, the district may have a licensed engineer survey the
22184	22184	groundwater of a groundwater reservoir in the district and the
22185	22185	facilities for the development, production, and use of that
22186	22186	groundwater and determine the quantity of the groundwater available
22187	22187	for production and use and the improvements, developments, and
22188	22188	recharges needed for the groundwater reservoir. (Acts 69th Leg.,
22189	22189	R.S., Ch. 376, Sec. 5 (part).)
22190	22190	Sec. 8832.107. RESEARCH AND DETERMINATIONS REGARDING
22191	22191	GROUNDWATER WITHDRAWAL. As permitted by Chapter 36, Water Code,
22192	22192	the district may carry out research projects, develop information,
22193	22193	and determine limitations, if any, that should be made on the
22194	22194	withdrawal of groundwater from a groundwater reservoir in the
22195	22195	district. (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)
22196	22196	Sec. 8832.108. COLLECTION AND PRESERVATION OF INFORMATION.
22197	22197	As permitted by Chapter 36, Water Code, the district may collect and
22198	22198	preserve information regarding the use of groundwater and the
22199	22199	practicability of recharge of a groundwater reservoir in the
22200	22200	district. (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)
22201	22201	Sec. 8832.109. CONTRACT FOR SALE AND DISTRIBUTION OF WATER.
22202	22202	As permitted by Chapter 36, Water Code, the district may contract
22203	22203	for, sell, and distribute water from a water import authority or
22204	22204	other agency. (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)
22205	22205	[Sections 8832.110-8832.150 reserved for expansion]
22206	22206	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
22207	22207	Sec. 8832.151. FINANCIAL RECORDS. (a) The district shall
22208	22208	file with the county treasurer of each county in which the district
22209	22209	is located a copy of each audit, board order, or other document
22210	22210	relating to district finances. The copy shall be filed not later
22211	22211	than the 60th day after the date the audit is completed, the order
22212	22212	is adopted, or the other document is finalized.
22213	22213	(b) The county treasurer shall maintain a copy of each
22214	22214	audit, order, or other document at the county treasurer's main
22215	22215	office and shall make the copies available for public inspection
22216	22216	during regular office hours. (Acts 69th Leg., R.S., Ch. 376, Sec.
22217	22217	7.)
22218	22218	CHAPTER 8834. FORT BEND SUBSIDENCE DISTRICT
22219	22219	SUBCHAPTER A. GENERAL PROVISIONS
22220	22220	Sec. 8834.001. DEFINITIONS
22221	22221	Sec. 8834.002. NATURE OF DISTRICT
22222	22222	Sec. 8834.003. PURPOSE; LEGISLATIVE INTENT
22223	22223	Sec. 8834.004. FINDINGS OF PUBLIC USE AND BENEFIT
22224	22224	Sec. 8834.005. DISTRICT TERRITORY
22225	22225	Sec. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE
22226	22226	[Sections 8834.007-8834.050 reserved for expansion]
22227	22227	SUBCHAPTER B. DISTRICT ADMINISTRATION
22228	22228	Sec. 8834.051. DIRECTORS
22229	22229	Sec. 8834.052. BOARD POWERS AND DUTIES
22230	22230	Sec. 8834.053. OFFICIAL BOARD ACTIONS
22231	22231	Sec. 8834.054. DIRECTOR'S BOND
22232	22232	Sec. 8834.055. OFFICERS
22233	22233	Sec. 8834.056. MEETINGS
22234	22234	Sec. 8834.057. APPLICABILITY OF OPEN MEETINGS LAW
22235	22235	Sec. 8834.058. COMPENSATION AND REIMBURSEMENT OF
22236	22236	DIRECTORS
22237	22237	Sec. 8834.059. VACANCIES
22238	22238	Sec. 8834.060. DISTRICT POLICIES
22239	22239	Sec. 8834.061. GENERAL MANAGER
22240	22240	Sec. 8834.062. PERSONNEL
22241	22241	Sec. 8834.063. BENEFITS
22242	22242	Sec. 8834.064. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY
22243	22243	Sec. 8834.065. DISTRICT OFFICE
22244	22244	Sec. 8834.066. MAINTENANCE OF RECORDS; PUBLIC
22245	22245	INSPECTION
22246	22246	Sec. 8834.067. SEAL
22247	22247	[Sections 8834.068-8834.100 reserved for expansion]
22248	22248	SUBCHAPTER C. POWERS AND DUTIES
22249	22249	Sec. 8834.101. DISTRICT PLAN
22250	22250	Sec. 8834.102. ADOPTION OF DISTRICT PLAN
22251	22251	Sec. 8834.103. WATER CONSERVATION MEASURES
22252	22252	Sec. 8834.104. ANNUAL GROUNDWATER WITHDRAWAL
22253	22253	DETERMINATION
22254	22254	Sec. 8834.105. MONITORING AND SUPERVISION BY DISTRICT
22255	22255	Sec. 8834.106. DISTRICT RESEARCH
22256	22256	Sec. 8834.107. STUDIES BY BOARD STAFF
22257	22257	Sec. 8834.108. SALE OR DISTRIBUTION OF WATER
22258	22258	PROHIBITED
22259	22259	Sec. 8834.109. ACCESS TO PROPERTY
22260	22260	Sec. 8834.110. GENERAL POWERS RELATED TO PROPERTY AND
22261	22261	CONTRACTS
22262	22262	Sec. 8834.111. COOPERATION WITH GOVERNMENTAL ENTITIES
22263	22263	Sec. 8834.112. RULES
22264	22264	Sec. 8834.113. CONSIDERATIONS FOR RULES AND ORDERS
22265	22265	Sec. 8834.114. HEARINGS
22266	22266	Sec. 8834.115. NOTICE OF HEARINGS
22267	22267	Sec. 8834.116. BOARD BYLAWS AND POLICIES
22268	22268	Sec. 8834.117. AUTHORITY TO ISSUE SUBPOENAS AND
22269	22269	ADMINISTER OATHS
22270	22270	Sec. 8834.118. SUITS
22271	22271	[Sections 8834.119-8834.150 reserved for expansion]
22272	22272	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
22273	22273	Sec. 8834.151. DISBURSEMENT OF MONEY
22274	22274	Sec. 8834.152. DISTRICT ACCOUNTS
22275	22275	Sec. 8834.153. FISCAL YEAR
22276	22276	Sec. 8834.154. BUDGET
22277	22277	Sec. 8834.155. AUDIT
22278	22278	Sec. 8834.156. COPY OF AUDIT
22279	22279	Sec. 8834.157. DEPOSITORY AND INVESTMENTS
22280	22280	[Sections 8834.158-8834.200 reserved for expansion]
22281	22281	SUBCHAPTER E. REGULATORY PROVISIONS
22282	22282	Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO
22283	22283	BOARD RULE
22284	22284	Sec. 8834.202. CERTAIN WELLS EXEMPT
22285	22285	Sec. 8834.203. REGULATION OF SPACING AND GROUNDWATER
22286	22286	WITHDRAWAL
22287	22287	Sec. 8834.204. WATER-METERING DEVICES
22288	22288	Sec. 8834.205. WELL REGISTRATION
22289	22289	Sec. 8834.206. PERMIT REQUIRED
22290	22290	Sec. 8834.207. APPLICATION FOR PERMIT
22291	22291	Sec. 8834.208. NOTICE AND HEARING ON PERMIT
22292	22292	APPLICATION
22293	22293	Sec. 8834.209. ISSUANCE OF PERMIT
22294	22294	Sec. 8834.210. TERM OF PERMIT
22295	22295	Sec. 8834.211. RENEWAL OF PERMIT
22296	22296	Sec. 8834.212. PERMIT FEES
22297	22297	Sec. 8834.213. TRANSFERRING PERMIT
22298	22298	Sec. 8834.214. ANNUAL REPORT
22299	22299	Sec. 8834.215. REDUCTION OF GROUNDWATER USE
22300	22300	Sec. 8834.216. OPEN OR UNCOVERED WELLS
22301	22301	[Sections 8834.217-8834.250 reserved for expansion]
22302	22302	SUBCHAPTER F. APPEAL AND ENFORCEMENT PROVISIONS
22303	22303	Sec. 8834.251. APPEAL OF DISTRICT ACTIONS
22304	22304	Sec. 8834.252. INJUNCTIVE RELIEF; CIVIL PENALTY
22305	22305	CHAPTER 8834. FORT BEND SUBSIDENCE DISTRICT
22306	22306	SUBCHAPTER A. GENERAL PROVISIONS
22307	22307	Sec. 8834.001. DEFINITIONS. In this chapter:
22308	22308	(1) "Beneficial use" means any use that is useful or
22309	22309	beneficial to the user, including:
22310	22310	(A) an agricultural, gardening, domestic, stock
22311	22311	raising, municipal, mining, manufacturing, industrial, commercial,
22312	22312	or recreational use, or a use for pleasure purposes; or
22313	22313	(B) exploring for, producing, handling, or
22314	22314	treating oil, gas, sulfur, or other minerals.
22315	22315	(2) "Board" means the district's board of directors.
22316	22316	(3) "Commission" means the Texas Commission on
22317	22317	Environmental Quality.
22318	22318	(4) "District" means the Fort Bend Subsidence
22319	22319	District.
22320	22320	(5) "Groundwater" means water existing below the
22321	22321	earth's surface in the district. The term does not include water
22322	22322	produced with oil in the production of oil and gas.
22323	22323	(6) "Subsidence" means the lowering in elevation of
22324	22324	the surface of land by groundwater withdrawal.
22325	22325	(7) "Waste" means:
22326	22326	(A) groundwater withdrawal from a groundwater
22327	22327	reservoir at a rate and in an amount that causes or threatens to
22328	22328	cause intrusion into the reservoir of water unsuitable for
22329	22329	agricultural, gardening, domestic, or stock raising purposes;
22330	22330	(B) groundwater withdrawal from a groundwater
22331	22331	reservoir through a well if the water withdrawn is not used for a
22332	22332	beneficial use or if the amount used is more than is reasonably
22333	22333	required for a beneficial use;
22334	22334	(C) escape of groundwater from a groundwater
22335	22335	reservoir to any other reservoir or geologic strata that does not
22336	22336	contain groundwater;
22337	22337	(D) pollution or harmful alteration of
22338	22338	groundwater in a groundwater reservoir by saltwater or other
22339	22339	harmful matter admitted from another stratum or from the surface of
22340	22340	the ground;
22341	22341	(E) unless the discharge is authorized by a
22342	22342	permit, rule, or order issued by the commission under Chapter 26,
22343	22343	Water Code, wilfully or negligently causing, suffering, or allowing
22344	22344	groundwater to escape or flow:
22345	22345	(i) into a river, creek, natural
22346	22346	watercourse, depression, lake, reservoir, drain, sewer, street,
22347	22347	highway, road, or road ditch; or
22348	22348	(ii) onto land that does not belong to the
22349	22349	owner of the well;
22350	22350	(F) unless the occupant of the land receiving the
22351	22351	discharge granted permission for the discharge, the escape of
22352	22352	groundwater pumped for irrigation as irrigation tailwater onto land
22353	22353	that does not belong to the owner of the well; or
22354	22354	(G) wilfully causing or knowingly permitting the
22355	22355	water withdrawn from an artesian well to run off the owner's land or
22356	22356	to percolate through the stratum above which the water is found, as
22357	22357	prescribed by Section 11.205, Water Code.
22358	22358	(8) "Well" means a facility, device, or method used to
22359	22359	withdraw groundwater.
22360	22360	(9) "Withdrawal" means the act of extracting by
22361	22361	pumping or another method. (Acts 71st Leg., R.S., Ch. 1045, Secs.
22362	22362	2(2), (3), (4), (5), (6), (8), (9), (11), (15).)
22363	22363	Sec. 8834.002. NATURE OF DISTRICT. The district is:
22364	22364	(1) a conservation and reclamation district created
22365	22365	under Section 59, Article XVI, Texas Constitution; and
22366	22366	(2) a political subdivision of the state. (Acts 71st
22367	22367	Leg., R.S., Ch. 1045, Sec. 3(a) (part).)
22368	22368	Sec. 8834.003. PURPOSE; LEGISLATIVE INTENT. (a) The
22369	22369	purpose of this chapter is to provide for the regulation of
22370	22370	groundwater withdrawal in the district to prevent subsidence, which
22371	22371	contributes to or precipitates flooding or overflow in the
22372	22372	district, including rising water resulting from a storm or
22373	22373	hurricane.
22374	22374	(b) The legislature intends that the district administer
22375	22375	and enforce this chapter and exercise the district's rights,
22376	22376	powers, and duties in a manner that will effectively and
22377	22377	expeditiously accomplish the purposes of this chapter. (Acts 71st
22378	22378	Leg., R.S., Ch. 1045, Sec. 1.)
22379	22379	Sec. 8834.004. FINDINGS OF PUBLIC USE AND BENEFIT. The
22380	22380	district is created to serve a public use and benefit. (Acts 71st
22381	22381	Leg., R.S., Ch. 1045, Sec. 3(b).)
22382	22382	Sec. 8834.005. DISTRICT TERRITORY. The district includes
22383	22383	the territory in Fort Bend County unless the district's territory
22384	22384	has been modified under other law. (Acts 71st Leg., R.S., Ch. 1045,
22385	22385	Sec. 4; New.)
22386	22386	Sec. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE. Other
22387	22387	laws governing the administration or operation of a conservation
22388	22388	and reclamation district created under Section 52, Article III, or
22389	22389	Section 59, Article XVI, Texas Constitution, including Chapters 36
22390	22390	and 49, Water Code, do not apply to the district. (Acts 71st Leg.,
22391	22391	R.S., Ch. 1045, Sec. 4A(a).)
22392	22392	[Sections 8834.007-8834.050 reserved for expansion]
22393	22393	SUBCHAPTER B. DISTRICT ADMINISTRATION
22394	22394	Sec. 8834.051. DIRECTORS. (a) The district is governed by
22395	22395	a board of 13 directors appointed as provided by this section.
22396	22396	(b) Directors serve two-year terms.
22397	22397	(c) A director must be a qualified voter of the district.
22398	22398	(d) The persons designated by Subsections (e), (f), and (g)
22399	22399	shall appoint directors in January to fill vacancies caused by the
22400	22400	expiration of directors' terms. The district shall mail notice
22401	22401	regarding the necessity of an appointment to the persons designated
22402	22402	by Subsections (e), (f), and (g) not later than the 20th day before
22403	22403	the date of the board's January meeting.
22404	22404	(e) The mayor of each of the following municipalities shall
22405	22405	appoint a director from the mayor's respective municipality:
22406	22406	(1) Houston;
22407	22407	(2) Missouri City;
22408	22408	(3) Stafford;
22409	22409	(4) Sugar Land;
22410	22410	(5) Rosenberg; and
22411	22411	(6) Richmond.
22412	22412	(f) The Commissioners Court of Fort Bend County shall
22413	22413	appoint:
22414	22414	(1) two directors who represent agricultural
22415	22415	interests and live in an unincorporated area;
22416	22416	(2) two directors who represent industrial interests;
22417	22417	and
22418	22418	(3) two directors who represent business interests.
22419	22419	(g) The mayors of Fort Bend County municipalities other than
22420	22420	those listed in Subsection (e) shall appoint one director jointly.
22421	22421	(Acts 71st Leg., R.S., Ch. 1045, Secs. 5(a), (b), (c), (d), (f), (h)
22422	22422	(part), (j) (part).)
22423	22423	Sec. 8834.052. BOARD POWERS AND DUTIES. (a) The board has
22424	22424	all powers necessary or convenient to carry out its
22425	22425	responsibilities and accomplish the purpose of this chapter,
22426	22426	whether the powers are specifically authorized by this chapter or
22427	22427	are implied by this chapter or other law.
22428	22428	(b) The board shall administer this chapter as provided by
22429	22429	Section 8834.003. (Acts 71st Leg., R.S., Ch. 1045, Secs. 6(a),
22430	22430	(d).)
22431	22431	Sec. 8834.053. OFFICIAL BOARD ACTIONS. The affirmative
22432	22432	vote of a majority of the directors is required for any official
22433	22433	board action. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(q) (part).)
22434	22434	Sec. 8834.054. DIRECTOR'S BOND. (a) A director shall
22435	22435	execute a bond that is:
22436	22436	(1) for $5,000;
22437	22437	(2) payable to the district; and
22438	22438	(3) conditioned on the faithful performance of the
22439	22439	director's duties.
22440	22440	(b) The district shall pay for the bond. (Acts 71st Leg.,
22441	22441	R.S., Ch. 1045, Sec. 5(p) (part).)
22442	22442	Sec. 8834.055. OFFICERS. (a) Each year, at the first
22443	22443	meeting after the new directors take office, the directors shall
22444	22444	select a president, a vice president, and a secretary.
22445	22445	(b) An officer selected under Subsection (a) serves at the
22446	22446	will of the board and may be removed and replaced by a majority of
22447	22447	the board at any time.
22448	22448	(c) The president shall preside over meetings of the board.
22449	22449	If the president is not present, the vice president shall preside.
22450	22450	(Acts 71st Leg., R.S., Ch. 1045, Secs. 5(l), (m).)
22451	22451	Sec. 8834.056. MEETINGS. (a) The board shall hold one
22452	22452	regular meeting each month at a time set by the board.
22453	22453	(b) The board may hold a special meeting at the call of the
22454	22454	president or on the written request of at least three directors.
22455	22455	(Acts 71st Leg., R.S., Ch. 1045, Sec. 5(r) (part).)
22456	22456	Sec. 8834.057. APPLICABILITY OF OPEN MEETINGS LAW. (a) The
22457	22457	board shall give notice of board meetings as provided by Chapter
22458	22458	551, Government Code. Failure to provide notice of a regular
22459	22459	meeting or an insubstantial defect in notice of any meeting does not
22460	22460	affect the validity of any action taken at the meeting.
22461	22461	(b) A meeting of a committee of the board is not subject to
22462	22462	Chapter 551, Government Code, if less than a quorum is present at
22463	22463	the meeting. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(r) (part).)
22464	22464	Sec. 8834.058. COMPENSATION AND REIMBURSEMENT OF
22465	22465	DIRECTORS. (a) A director is entitled to receive fees of office of
22466	22466	not more than $150 a day for each day the director is engaged in the
22467	22467	exercise of the director's duties. The fees of office may not exceed
22468	22468	$9,000 a year.
22469	22469	(b) A director is entitled to receive reimbursement for
22470	22470	actual expenses reasonably and necessarily incurred in the exercise
22471	22471	of the director's duties under this chapter.
22472	22472	(c) To receive fees of office and reimbursement for
22473	22473	expenses, a director must file with the district a verified
22474	22474	statement that:
22475	22475	(1) shows the number of days spent in the service of
22476	22476	the district; and
22477	22477	(2) provides a general description of the duties
22478	22478	performed for each day of service. (Acts 71st Leg., R.S., Ch. 1045,
22479	22479	Sec. 5(n).)
22480	22480	Sec. 8834.059. VACANCIES. If a vacancy occurs on the board,
22481	22481	the person or persons designated by Section 8834.051 to appoint a
22482	22482	director for the position that is vacated shall appoint a director
22483	22483	to serve the unexpired term. (Acts 71st Leg., R.S., Ch. 1045, Sec.
22484	22484	5(o).)
22485	22485	Sec. 8834.060. DISTRICT POLICIES. The board shall adopt
22486	22486	the following written policies:
22487	22487	(1) a code of ethics for district directors, officers,
22488	22488	and employees and for persons engaged in handling investments for
22489	22489	the district;
22490	22490	(2) a policy relating to travel expenditures;
22491	22491	(3) a policy relating to district investments;
22492	22492	(4) policies and procedures for the selection,
22493	22493	monitoring, or review and evaluation of professional services; and
22494	22494	(5) policies that ensure a better use of management
22495	22495	information, including the use of:
22496	22496	(A) budgets to plan and control cost; and
22497	22497	(B) uniform reporting requirements based on
22498	22498	"Audits of State and Local Governmental Units," published by the
22499	22499	American Institute of Certified Public Accountants, and
22500	22500	"Governmental Accounting and Financial Reporting Standards,"
22501	22501	published by the Governmental Accounting Standards Board. (Acts
22502	22502	71st Leg., R.S., Ch. 1045, Sec. 6(g).)
22503	22503	Sec. 8834.061. GENERAL MANAGER. (a) The board may employ a
22504	22504	general manager to serve as the chief administrative officer of the
22505	22505	district. The district may contract with any person to perform the
22506	22506	general manager's duties.
22507	22507	(b) The board may delegate to the general manager the
22508	22508	authority to manage and operate the affairs of the district subject
22509	22509	only to orders of the board.
22510	22510	(c) The duties of the general manager include:
22511	22511	(1) administering board orders;
22512	22512	(2) coordinating with state, federal, and local
22513	22513	agencies;
22514	22514	(3) supervising development of district plans and
22515	22515	programs;
22516	22516	(4) preparing and submitting the annual budget to the
22517	22517	board; and
22518	22518	(5) performing other duties assigned by the board.
22519	22519	(d) The general manager shall execute a bond that is:
22520	22520	(1) in an amount set by the board;
22521	22521	(2) payable to the district; and
22522	22522	(3) conditioned on the general manager's faithful
22523	22523	performance of the general manager's duties.
22524	22524	(e) The district shall pay for the bond described under
22525	22525	Subsection (d).
22526	22526	(f) The board shall determine the compensation and terms of
22527	22527	office and employment for the general manager.
22528	22528	(g) The board by a vote of a majority of board members may
22529	22529	discharge the general manager. (Acts 71st Leg., R.S., Ch. 1045,
22530	22530	Sec. 7.)
22531	22531	Sec. 8834.062. PERSONNEL. (a) The general manager shall
22532	22532	employ personnel necessary to properly handle district business and
22533	22533	operation. The general manager may employ attorneys, bookkeepers,
22534	22534	engineers, and other expert and specialized personnel considered
22535	22535	necessary.
22536	22536	(b) The general manager shall determine the compensation
22537	22537	paid to district employees.
22538	22538	(c) The general manager may discharge a district employee.
22539	22539	(Acts 71st Leg., R.S., Ch. 1045, Secs. 8(a), (b).)
22540	22540	Sec. 8834.063. BENEFITS. (a) The board may provide for and
22541	22541	administer retirement, disability, and death compensation funds
22542	22542	for the employees of the district.
22543	22543	(b) The board may:
22544	22544	(1) establish a public retirement system as provided
22545	22545	by Chapter 810, Government Code; or
22546	22546	(2) provide for a deferred compensation plan as
22547	22547	described by Section 457, Internal Revenue Code of 1986.
22548	22548	(c) The board may:
22549	22549	(1) include hospitalization and medical benefits for
22550	22550	district employees as part of the compensation paid to the
22551	22551	employees; and
22552	22552	(2) adopt or amend a plan or rule as necessary to
22553	22553	provide the benefits described by Subdivision (1).
22554	22554	(d) The board may establish a sick leave pool for district
22555	22555	employees in the manner provided for state employees by Subchapter
22556	22556	A, Chapter 661, Government Code. (Acts 71st Leg., R.S., Ch. 1045,
22557	22557	Secs. 8(d), (e), (f), (g).)
22558	22558	Sec. 8834.064. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY.
22559	22559	(a) The board shall require an employee who collects, pays, or
22560	22560	handles district money to provide a good and sufficient bond that
22561	22561	is:
22562	22562	(1) in an amount sufficient to safeguard the district;
22563	22563	(2) payable to the district; and
22564	22564	(3) conditioned on:
22565	22565	(A) the faithful performance of the employee's
22566	22566	duties; and
22567	22567	(B) accounting for all district money and
22568	22568	property under the employee's control.
22569	22569	(b) The district shall pay for the bond. (Acts 71st Leg.,
22570	22570	R.S., Ch. 1045, Sec. 8(c).)
22571	22571	Sec. 8834.065. DISTRICT OFFICE. The board shall maintain
22572	22572	its principal office in the district for conducting district
22573	22573	business. The office must be in the district. (Acts 71st Leg.,
22574	22574	R.S., Ch. 1045, Sec. 9.)
22575	22575	Sec. 8834.066. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
22576	22576	(a) The district shall:
22577	22577	(1) keep a complete account of board meetings and
22578	22578	proceedings; and
22579	22579	(2) maintain in a safe place the board's minutes,
22580	22580	contracts, records, notices, accounts, and receipts.
22581	22581	(b) The board's minutes, contracts, records, notices,
22582	22582	accounts, and receipts are:
22583	22583	(1) the property of the district; and
22584	22584	(2) subject to public inspection. (Acts 71st Leg.,
22585	22585	R.S., Ch. 1045, Sec. 10.)
22586	22586	Sec. 8834.067. SEAL. The board shall adopt a seal. (Acts
22587	22587	71st Leg., R.S., Ch. 1045, Sec. 12.)
22588	22588	[Sections 8834.068-8834.100 reserved for expansion]
22589	22589	SUBCHAPTER C. POWERS AND DUTIES
22590	22590	Sec. 8834.101. DISTRICT PLAN. (a) The board shall
22591	22591	formulate a plan to control and mitigate subsidence in the
22592	22592	district.
22593	22593	(b) The plan must:
22594	22594	(1) regulate groundwater withdrawals to maintain
22595	22595	sufficient artesian pressure to control and mitigate subsidence;
22596	22596	and
22597	22597	(2) specify in as much detail as practicable the acts,
22598	22598	procedures, performance, and avoidance that are necessary to carry
22599	22599	out the purpose of this chapter.
22600	22600	(c) When formulating the plan, the board shall compile and
22601	22601	consider:
22602	22602	(1) a list of wells in the district subject to
22603	22603	regulation under this chapter;
22604	22604	(2) a list of all available sources of water, other
22605	22605	than groundwater, in the district;
22606	22606	(3) the purpose for which the water is used and for
22607	22607	which it is proposed to be used;
22608	22608	(4) accurate estimates of:
22609	22609	(A) groundwater withdrawal from all wells or
22610	22610	proposed wells in the district;
22611	22611	(B) the amount of groundwater that may be
22612	22612	withdrawn from each area in the district without causing:
22613	22613	(i) long-term static water level decline;
22614	22614	and
22615	22615	(ii) reduction of artesian pressure that
22616	22616	will lead to subsidence in the district; and
22617	22617	(C) current and future water needs in the
22618	22618	district;
22619	22619	(5) information relating to formulating a permit
22620	22620	system; and
22621	22621	(6) other information necessary to manage groundwater
22622	22622	in the district and to effectively and expeditiously carry out the
22623	22623	purpose of this chapter. (Acts 71st Leg., R.S., Ch. 1045, Secs.
22624	22624	16(a), (b), (c).)
22625	22625	Sec. 8834.102. ADOPTION OF DISTRICT PLAN. (a) The board
22626	22626	shall hold a hearing to consider a plan formulated under Section
22627	22627	8834.101.
22628	22628	(b) After the hearing, the board shall:
22629	22629	(1) make any changes it considers necessary according
22630	22630	to evidence and material presented at the hearing; and
22631	22631	(2) adopt the plan.
22632	22632	(c) The board may amend or repeal a plan adopted under this
22633	22633	section and may adopt a new plan as provided by this section for the
22634	22634	adoption of the original plan.
22635	22635	(d) An adopted plan remains in effect until a new plan is
22636	22636	adopted. (Acts 71st Leg., R.S., Ch. 1045, Secs. 16(f), (g), (h).)
22637	22637	Sec. 8834.103. WATER CONSERVATION MEASURES. (a) The board
22638	22638	may adopt rules requiring the use of water conservation measures to
22639	22639	reduce groundwater withdrawals.
22640	22640	(b) The district may cooperate with the commission and a
22641	22641	local government to establish water conservation goals,
22642	22642	guidelines, and plans to be used in the district.
22643	22643	(c) The district may contract with a local government in the
22644	22644	district to provide services needed to meet water conservation
22645	22645	requirements that the commission establishes. (Acts 71st Leg.,
22646	22646	R.S., Ch. 1045, Sec. 36.)
22647	22647	Sec. 8834.104. ANNUAL GROUNDWATER WITHDRAWAL
22648	22648	DETERMINATION. (a) Before March 31 of each year, the board shall
22649	22649	hold a hearing to determine the effects during the preceding
22650	22650	calendar year of groundwater withdrawal on subsidence in the
22651	22651	district.
22652	22652	(b) At the hearing, the board shall consider information
22653	22653	provided under Sections 8834.107 and 8834.214 and information
22654	22654	presented by persons appearing before the board.
22655	22655	(c) After the hearing, the board shall:
22656	22656	(1) consider all information presented to it;
22657	22657	(2) determine groundwater withdrawal in the district
22658	22658	during the preceding calendar year; and
22659	22659	(3) make findings on the effects during the preceding
22660	22660	calendar year of groundwater withdrawal on subsidence in the
22661	22661	district.
22662	22662	(d) The board's findings and determinations under
22663	22663	Subsection (c) shall be included in a report adopted by the board.
22664	22664	The report shall be made available for examination by any
22665	22665	interested person.
22666	22666	(e) The board shall submit the report adopted under
22667	22667	Subsection (d) and a copy of the most recent district plan adopted
22668	22668	under Section 8834.101 to the appropriate regional water planning
22669	22669	group. (Acts 71st Leg., R.S., Ch. 1045, Sec. 24.)
22670	22670	Sec. 8834.105. MONITORING AND SUPERVISION BY DISTRICT. (a)
22671	22671	The district may use subsidence compaction monitors, water-level
22672	22672	observation wells, and other materials and equipment to determine
22673	22673	the amount of groundwater that may be withdrawn while allowing
22674	22674	groundwater to rebound and stabilize to a level that will halt
22675	22675	subsidence.
22676	22676	(b) The district may use global positioning systems and
22677	22677	other geodetic survey methods to monitor land surface elevations
22678	22678	and measure subsidence.
22679	22679	(c) The district may coordinate monitoring and data
22680	22680	collection activities with other entities, including private
22681	22681	entities and federal, state, or local governmental entities. (Acts
22682	22682	71st Leg., R.S., Ch. 1045, Sec. 28.)
22683	22683	Sec. 8834.106. DISTRICT RESEARCH. (a) The board may
22684	22684	conduct studies and research that the board considers necessary to
22685	22685	implement this chapter.
22686	22686	(b) The district may collect any information that the board
22687	22687	determines is necessary to implement this chapter, including
22688	22688	information regarding the use of groundwater, water conservation,
22689	22689	and the practicability of recharging a groundwater reservoir.
22690	22690	(c) The board may use the services of geologists,
22691	22691	hydrologists, licensed engineers, licensed geoscientists, or other
22692	22692	expert personnel to accomplish the purposes of this section. (Acts
22693	22693	71st Leg., R.S., Ch. 1045, Sec. 29.)
22694	22694	Sec. 8834.107. STUDIES BY BOARD STAFF. At least once each
22695	22695	year and at any other time the board considers necessary, the board
22696	22696	may have its staff make a complete study of the groundwater in the
22697	22697	district and determine:
22698	22698	(1) the water level;
22699	22699	(2) the rates and amounts of groundwater withdrawal;
22700	22700	and
22701	22701	(3) other information relating to groundwater
22702	22702	withdrawal that may affect subsidence in the district. (Acts 71st
22703	22703	Leg., R.S., Ch. 1045, Sec. 23.)
22704	22704	Sec. 8834.108. SALE OR DISTRIBUTION OF WATER PROHIBITED.
22705	22705	The district may not sell or distribute surface water or
22706	22706	groundwater. (Acts 71st Leg., R.S., Ch. 1045, Sec. 38.)
22707	22707	Sec. 8834.109. ACCESS TO PROPERTY. (a) To carry out
22708	22708	technical and other investigations necessary to implement this
22709	22709	chapter, the board and its agents and employees are entitled to
22710	22710	access to all property in the district.
22711	22711	(b) Before entering property for the purposes of this
22712	22712	section, the person seeking access shall:
22713	22713	(1) give notice to the owner of the property as
22714	22714	provided by district rules; and
22715	22715	(2) present proper credentials.
22716	22716	(c) The board and its agents and employees who enter private
22717	22717	property shall observe the establishment's rules concerning
22718	22718	safety, internal security, and fire protection. (Acts 71st Leg.,
22719	22719	R.S., Ch. 1045, Sec. 27.)
22720	22720	Sec. 8834.110. GENERAL POWERS RELATED TO PROPERTY AND
22721	22721	CONTRACTS. (a) The board may:
22722	22722	(1) purchase, lease, own, convey, and dispose of
22723	22723	property both inside and outside district territory necessary or
22724	22724	convenient to exercise the board's powers, duties, and functions
22725	22725	under this chapter;
22726	22726	(2) construct, purchase, lease, or acquire in some
22727	22727	other manner any material or property, including supplies,
22728	22728	equipment, vehicles, or machinery, necessary to carry out this
22729	22729	chapter;
22730	22730	(3) accept a grant, gift, or devise of property; or
22731	22731	(4) accept a grant, gift, loan, or other distribution
22732	22732	of money.
22733	22733	(b) The district may make or accept a grant, gratuity,
22734	22734	advance, or loan in any form to or from any public source approved
22735	22735	by the board, including a governmental entity.
22736	22736	(c) The district may enter into a contract, covenant, or
22737	22737	agreement the board considers appropriate related to a grant,
22738	22738	gratuity, advance, or loan.
22739	22739	(d) The board may enter into a contract with any person to
22740	22740	carry out this chapter.
22741	22741	(e) The district may enter into contracts only in the
22742	22742	district's name. (Acts 71st Leg., R.S., Ch. 1045, Secs. 6(f), 31,
22743	22743	35.)
22744	22744	Sec. 8834.111. COOPERATION WITH GOVERNMENTAL ENTITIES. In
22745	22745	implementing this chapter, the board may request the assistance of
22746	22746	and cooperate with a local government or an agency of this state or
22747	22747	of the United States, including the Texas Water Development Board,
22748	22748	the commission, and the United States Geological Survey. (Acts
22749	22749	71st Leg., R.S., Ch. 1045, Sec. 30.)
22750	22750	Sec. 8834.112. RULES. (a) After notice and hearing, the
22751	22751	board shall adopt rules designed to expeditiously and effectively
22752	22752	implement this chapter and accomplish its purpose, including rules
22753	22753	governing procedures before the board. The board shall enforce the
22754	22754	rules.
22755	22755	(b) The board may adopt rules to prevent the waste of water
22756	22756	or the degradation of water quality.
22757	22757	(c) The board shall compile its rules in a book and make the
22758	22758	book available for use and inspection at the district's principal
22759	22759	office. The district shall provide copies of its rules on payment
22760	22760	of the reproduction cost. (Acts 71st Leg., R.S., Ch. 1045, Sec.
22761	22761	13.)
22762	22762	Sec. 8834.113. CONSIDERATIONS FOR RULES AND ORDERS. When
22763	22763	adopting a rule or issuing an order, the board shall consider:
22764	22764	(1) the availability of surface water or alternative
22765	22765	water supplies;
22766	22766	(2) the economic effects on persons and the community;
22767	22767	(3) the degree and effect of subsidence on the surface
22768	22768	of the land; and
22769	22769	(4) the differing topographical and geophysical
22770	22770	characteristics of the land. (Acts 71st Leg., R.S., Ch. 1045, Sec.
22771	22771	6(c).)
22772	22772	Sec. 8834.114. HEARINGS. (a) At a regular meeting of the
22773	22773	board, the board shall set the date, time, and location for a
22774	22774	hearing to be held under this chapter.
22775	22775	(b) The board may hold a hearing at any location in the
22776	22776	district and recess a hearing from day to day.
22777	22777	(c) Any person may appear at a hearing and present
22778	22778	testimony, evidence, exhibits, or other information in person or by
22779	22779	counsel, or both.
22780	22780	(d) The board may use a hearing examiner to hear a subject
22781	22781	set for the hearing.
22782	22782	(e) The board shall make the final decision on a subject
22783	22783	heard by a hearing examiner. Procedures for use of hearing
22784	22784	examiners shall be provided by rule. (Acts 71st Leg., R.S., Ch.
22785	22785	1045, Secs. 14(a), (e), (f), (g), (h).)
22786	22786	Sec. 8834.115. NOTICE OF HEARINGS. (a) Not later than the
22787	22787	10th day before the date set for a hearing other than a permit
22788	22788	application hearing, the district shall deliver or mail notice of
22789	22789	the hearing to:
22790	22790	(1) each county and municipal government in the
22791	22791	district; and
22792	22792	(2) each person that the board considers to have an
22793	22793	interest in the subject matter of the hearing.
22794	22794	(b) Not later than the 10th day before the date set for a
22795	22795	hearing, the district shall:
22796	22796	(1) publish notice of the hearing once in a newspaper
22797	22797	of general circulation in each county in the district; and
22798	22798	(2) post notice of the hearing at the county
22799	22799	courthouse of each county in the district in the place where notices
22800	22800	are usually posted. (Acts 71st Leg., R.S., Ch. 1045, Secs. 14(b),
22801	22801	(c), (d).)
22802	22802	Sec. 8834.116. BOARD BYLAWS AND POLICIES. The board may
22803	22803	adopt bylaws and policies as necessary to accomplish its purposes.
22804	22804	(Acts 71st Leg., R.S., Ch. 1045, Sec. 6(e).)
22805	22805	Sec. 8834.117. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
22806	22806	OATHS. (a) The board may issue a subpoena to compel the testimony
22807	22807	of a person or the production of a document if the testimony or
22808	22808	document is necessary to carry out the board's powers, duties, and
22809	22809	functions under this chapter.
22810	22810	(b) On application by the board, a district court shall
22811	22811	enforce a subpoena issued under Subsection (a) in the same manner as
22812	22812	a subpoena issued by the court.
22813	22813	(c) The board may administer an oath to a person who
22814	22814	testifies before the board. (Acts 71st Leg., R.S., Ch. 1045, Sec.
22815	22815	15.)
22816	22816	Sec. 8834.118. SUITS. (a) The district may sue and be sued
22817	22817	in the courts of this state in the name of the district by and
22818	22818	through the board.
22819	22819	(b) If requested by the district, the attorney general shall
22820	22820	represent the district in the district courts and appellate courts
22821	22821	of this state and in the courts of the United States.
22822	22822	(c) The board, in the board's sole discretion, may employ
22823	22823	attorneys to represent the district in the district courts and
22824	22824	appellate courts of this state and the courts of the United States.
22825	22825	(d) The general manager is the agent of the district on whom
22826	22826	process, notice, or demand required or permitted by law to be served
22827	22827	on the district may be served.
22828	22828	(e) The district is not required to give a bond for appeal,
22829	22829	injunction, or costs in any suit to which the district is a party.
22830	22830	(f) If the district prevails in any suit other than a suit in
22831	22831	which it voluntarily intervenes, the district may seek and the
22832	22832	court shall grant, in the same action, recovery for attorney's
22833	22833	fees, costs for expert witnesses, and other costs incurred by the
22834	22834	district before the court. The court shall set the amount of the
22835	22835	attorney's fees. (Acts 71st Leg., R.S., Ch. 1045, Sec. 11.)
22836	22836	[Sections 8834.119-8834.150 reserved for expansion]
22837	22837	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
22838	22838	Sec. 8834.151. DISBURSEMENT OF MONEY. The district may
22839	22839	disburse its money by:
22840	22840	(1) a check, draft, order, or other instrument signed
22841	22841	by a person authorized under a board bylaw or board resolution; or
22842	22842	(2) electronic funds transfer. (Acts 71st Leg., R.S.,
22843	22843	Ch. 1045, Sec. 40.)
22844	22844	Sec. 8834.152. DISTRICT ACCOUNTS. The district shall keep
22845	22845	a complete system of the district's accounts. (Acts 71st Leg.,
22846	22846	R.S., Ch. 1045, Sec. 41(a) (part).)
22847	22847	Sec. 8834.153. FISCAL YEAR. The district's fiscal year is
22848	22848	the calendar year. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(c).)
22849	22849	Sec. 8834.154. BUDGET. (a) The board shall adopt an annual
22850	22850	budget containing a complete financial statement.
22851	22851	(b) The board may amend the annual budget. (Acts 71st Leg.,
22852	22852	R.S., Ch. 1045, Sec. 41(d).)
22853	22853	Sec. 8834.155. AUDIT. The district shall have its affairs
22854	22854	audited each year by an independent certified public accountant or
22855	22855	a firm of independent certified public accountants of recognized
22856	22856	integrity and ability. The district shall pay for the audit. (Acts
22857	22857	71st Leg., R.S., Ch. 1045, Sec. 41(a) (part).)
22858	22858	Sec. 8834.156. COPY OF AUDIT. The board shall keep one copy
22859	22859	of the audit prepared under Section 8834.155 at the district office
22860	22860	open to inspection by any interested person during normal office
22861	22861	hours. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(b).)
22862	22862	Sec. 8834.157. DEPOSITORY AND INVESTMENTS. (a) Except as
22863	22863	provided by Subsection (g), the board shall designate one or more
22864	22864	banks in the district to serve as a depository for district money.
22865	22865	All district money shall be deposited in a depository bank. This
22866	22866	subsection does not limit the power of the board to place a portion
22867	22867	of the district's money on time deposit or to purchase certificates
22868	22868	of deposit or other authorized investments.
22869	22869	(b) The board shall prescribe the term of service for
22870	22870	depositories.
22871	22871	(c) To the extent that money in a depository bank or a
22872	22872	trustee bank is not invested or insured by the Federal Deposit
22873	22873	Insurance Corporation, the money must be secured in the manner
22874	22874	provided by Chapter 2257, Government Code.
22875	22875	(d) Before designating a depository bank, the board shall
22876	22876	issue a notice stating the time and location the board will meet for
22877	22877	that purpose and shall invite banks in the district to submit
22878	22878	applications to be designated depositories.
22879	22879	(e) The board shall consider the management and condition of
22880	22880	each bank that applies under Subsection (d) and designate as a
22881	22881	depository the bank or banks that:
22882	22882	(1) offer the most favorable terms and conditions for
22883	22883	handling district money;
22884	22884	(2) the board finds have proper management; and
22885	22885	(3) are in a condition to warrant handling of district
22886	22886	money.
22887	22887	(f) Membership on the district's board of an officer or
22888	22888	director of a bank does not disqualify the bank from being
22889	22889	designated as a depository bank.
22890	22890	(g) If the board does not receive any applications before
22891	22891	the meeting under Subsection (d), the board shall designate as a
22892	22892	depository a bank or banks inside or outside the district under
22893	22893	terms the board finds advantageous to the district.
22894	22894	(h) District money may be invested and reinvested as
22895	22895	provided by Chapter 2256, Government Code.
22896	22896	(i) The board by resolution may provide that an authorized
22897	22897	district representative may invest and reinvest district money and
22898	22898	provide for money to be withdrawn from the appropriate district
22899	22899	accounts for investments on terms that the board considers
22900	22900	advisable. (Acts 71st Leg., R.S., Ch. 1045, Sec. 42.)
22901	22901	[Sections 8834.158-8834.200 reserved for expansion]
22902	22902	SUBCHAPTER E. REGULATORY PROVISIONS
22903	22903	Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD
22904	22904	RULE. Groundwater withdrawals governed by this chapter, including
22905	22905	withdrawals of injected water, are subject to reasonable board
22906	22906	rules and orders. (Acts 71st Leg., R.S., Ch. 1045, Sec. 6(b).)
22907	22907	Sec. 8834.202. CERTAIN WELLS EXEMPT. This chapter does not
22908	22908	apply to:
22909	22909	(1) a well regulated under Chapter 27, Water Code;
22910	22910	(2) a well that:
22911	22911	(A) has a casing with an inside diameter of not
22912	22912	more than five inches; and
22913	22913	(B) serves only a single-family dwelling; or
22914	22914	(3) a shallow well that:
22915	22915	(A) is not used to provide water for:
22916	22916	(i) human consumption;
22917	22917	(ii) agriculture;
22918	22918	(iii) manufacturing or industry; or
22919	22919	(iv) water injection; and
22920	22920	(B) withdraws water solely:
22921	22921	(i) to prevent hazardous sand boils,
22922	22922	dewater surface construction sites, or relieve hydrostatic uplift
22923	22923	on permanent structures;
22924	22924	(ii) for groundwater quality analysis and
22925	22925	for monitoring migration of subsurface contaminants or pollution;
22926	22926	or
22927	22927	(iii) for recovery of contamination or
22928	22928	pollution. (Acts 71st Leg., R.S., Ch. 1045, Sec. 39.)
22929	22929	Sec. 8834.203. REGULATION OF SPACING AND GROUNDWATER
22930	22930	WITHDRAWAL. (a) To minimize as far as practicable the drawdown of
22931	22931	the water table and the reduction of artesian pressure and to
22932	22932	control and prevent subsidence, the board may provide for the
22933	22933	spacing of wells in the district and may regulate groundwater
22934	22934	withdrawal from wells, taking into consideration:
22935	22935	(1) the economic impact on well owners;
22936	22936	(2) the resulting effect on subsidence; and
22937	22937	(3) other relevant factors.
22938	22938	(b) Before adopting a rule or issuing an order under this
22939	22939	section, the board shall set a hearing on the proposed rule or
22940	22940	order.
22941	22941	(c) The district may adopt different rules for:
22942	22942	(1) each aquifer, subdivision of an aquifer, or
22943	22943	geologic stratum located wholly or partly in the district's
22944	22944	territory; or
22945	22945	(2) each geographic area overlying an aquifer or
22946	22946	subdivision of an aquifer located wholly or partly in the
22947	22947	district's territory. (Acts 71st Leg., R.S., Ch. 1045, Secs.
22948	22948	25(a), (b), (c).)
22949	22949	Sec. 8834.204. WATER-METERING DEVICES. The board may:
22950	22950	(1) require water-metering devices to be placed on
22951	22951	wells in the district; and
22952	22952	(2) adopt standards for the accuracy, testing, and
22953	22953	calibration of the devices. (Acts 71st Leg., R.S., Ch. 1045, Sec.
22954	22954	26.)
22955	22955	Sec. 8834.205. WELL REGISTRATION. The board by rule may
22956	22956	require the registration of any well in the district. (Acts 71st
22957	22957	Leg., R.S., Ch. 1045, Sec. 17.)
22958	22958	Sec. 8834.206. PERMIT REQUIRED. (a) The owner of a well
22959	22959	located in the district must obtain a permit from the board before:
22960	22960	(1) drilling, equipping, or completing the well;
22961	22961	(2) substantially altering the size of the well or a
22962	22962	well pump; or
22963	22963	(3) operating the well.
22964	22964	(b) An operational well must have a permit.
22965	22965	(c) An owner or operator commits a violation if the owner or
22966	22966	operator does not obtain a permit as required by Subsection (a). A
22967	22967	violation occurs on the first day the drilling, equipping,
22968	22968	completing, altering, or operation begins. Each day that a
22969	22969	violation continues is a separate violation. (Acts 71st Leg.,
22970	22970	R.S., Ch. 1045, Secs. 2(7), 18(a), (b).)
22971	22971	Sec. 8834.207. APPLICATION FOR PERMIT. (a) A person must
22972	22972	submit an application and an application fee to the board to obtain
22973	22973	a permit under this chapter.
22974	22974	(b) The application must state:
22975	22975	(1) the person's name and address;
22976	22976	(2) the location and wellhead elevation of the well or
22977	22977	proposed well;
22978	22978	(3) the amount of water being withdrawn or proposed to
22979	22979	be withdrawn; and
22980	22980	(4) any other information required by the board as
22981	22981	necessary for the board to control and prevent subsidence in the
22982	22982	district.
22983	22983	(c) The board shall use the application fee to process
22984	22984	applications. (Acts 71st Leg., R.S., Ch. 1045, Secs. 18(f), (g).)
22985	22985	Sec. 8834.208. NOTICE AND HEARING ON PERMIT APPLICATION.
22986	22986	(a) The board shall hold a hearing on each permit application.
22987	22987	(b) Not later than the 10th day before the date set for the
22988	22988	hearing, the board shall notify the applicant by regular mail or by
22989	22989	certified mail, return receipt requested, of the date, time, and
22990	22990	location of the hearing.
22991	22991	(c) The board may consider at a hearing as many permit
22992	22992	applications as the board considers necessary. (Acts 71st Leg.,
22993	22993	R.S., Ch. 1045, Sec. 19.)
22994	22994	Sec. 8834.209. ISSUANCE OF PERMIT. (a) Not later than the
22995	22995	60th day after the date of the hearing on a permit application, the
22996	22996	board shall:
22997	22997	(1) decide whether to issue the permit; and
22998	22998	(2) prescribe the terms of the permit, if it decides to
22999	22999	issue the permit.
23000	23000	(b) In deciding whether to issue a permit and in prescribing
23001	23001	the terms of the permit, the board shall consider:
23002	23002	(1) the purpose of this chapter;
23003	23003	(2) the district plan;
23004	23004	(3) the quality, quantity, and availability of surface
23005	23005	water or alternative water supplies at prices that are competitive
23006	23006	with prices charged by suppliers of surface water in the district;
23007	23007	(4) the economic effect on the applicant of a decision
23008	23008	to issue or deny the permit, or of the permit terms, in relation to
23009	23009	the effect on subsidence that would result;
23010	23010	(5) the applicant's compliance with this chapter or
23011	23011	any district rule, permit, or order; and
23012	23012	(6) all other relevant factors.
23013	23013	(c) The board shall issue a permit to an applicant if the
23014	23014	board finds on sufficient evidence that:
23015	23015	(1) there is no other adequate and available
23016	23016	substitute or supplemental source of surface water at prices
23017	23017	competitive with the prices charged by suppliers of surface water
23018	23018	in the district; and
23019	23019	(2) compliance with any provision of this chapter or
23020	23020	any district rule will result in an arbitrary taking of property or
23021	23021	in the practical closing and elimination of any lawful business,
23022	23022	occupation, or activity without sufficient corresponding benefit
23023	23023	or advantage to the public.
23024	23024	(d) The permit must state the terms prescribed by the board.
23025	23025	The permit must include:
23026	23026	(1) the name and address of the permit holder;
23027	23027	(2) the location of the well;
23028	23028	(3) the date the permit begins and the date the permit
23029	23029	expires;
23030	23030	(4) conditions and restrictions placed on groundwater
23031	23031	withdrawal; and
23032	23032	(5) other terms necessary to control and prevent
23033	23033	subsidence.
23034	23034	(e) The board may condition the issuance of a permit under
23035	23035	this section on the resolution of a previous or continuing
23036	23036	violation of this chapter or of any district rule, permit, or order.
23037	23037	The board may require an applicant to pay a civil penalty or
23038	23038	settlement amount, or take other necessary action, to resolve a
23039	23039	previous or continuing violation. (Acts 71st Leg., R.S., Ch. 1045,
23040	23040	Sec. 20.)
23041	23041	Sec. 8834.210. TERM OF PERMIT. (a) A permit issued under
23042	23042	this chapter expires on the first anniversary of the date of
23043	23043	issuance, unless the board specifies a different period.
23044	23044	(b) To aid the district in the effective and expeditious
23045	23045	performance of its duties, the board may issue a permit for a term
23046	23046	not to exceed five years if the issuance does not impair the
23047	23047	district's ability to control and prevent subsidence in the
23048	23048	district.
23049	23049	(c) A permit is not a vested right of the permit holder. The
23050	23050	board may revoke, suspend, or amend a permit after notice and
23051	23051	hearing when reasonably necessary to accomplish the purpose of this
23052	23052	chapter. (Acts 71st Leg., R.S., Ch. 1045, Secs. 18(c), (d).)
23053	23053	Sec. 8834.211. RENEWAL OF PERMIT. The board may renew a
23054	23054	permit in the manner provided for issuing an original permit. (Acts
23055	23055	71st Leg., R.S., Ch. 1045, Sec. 18(e).)
23056	23056	Sec. 8834.212. PERMIT FEES. (a) When the board issues or
23057	23057	renews a permit, the board shall collect a permit fee from the
23058	23058	applicant. The fee shall be determined by a schedule based on:
23059	23059	(1) the term of the permit; and
23060	23060	(2) the maximum annual amount of groundwater the board
23061	23061	authorizes to be withdrawn from the well.
23062	23062	(b) The board may establish a disincentive permit fee to
23063	23063	serve as a regulatory tool by creating a disincentive to continued
23064	23064	overreliance on groundwater.
23065	23065	(c) The board shall determine the fee schedule after a
23066	23066	hearing.
23067	23067	(d) The board shall use permit fees collected under this
23068	23068	section to pay the cost of issuing permits and performing other
23069	23069	regulatory functions under this chapter, including making grants,
23070	23070	loans, or contractual payments to achieve, facilitate, or expedite
23071	23071	reductions in groundwater pumping or the development or
23072	23072	distribution of alternative water supplies. (Acts 71st Leg., R.S.,
23073	23073	Ch. 1045, Sec. 34.)
23074	23074	Sec. 8834.213. TRANSFERRING PERMIT. (a) A permit is
23075	23075	transferable only if the permit holder and the new owner of the well
23076	23076	notify the district by certified mail, return receipt requested,
23077	23077	of:
23078	23078	(1) the transfer of ownership of the well; and
23079	23079	(2) the name and address of the new owner.
23080	23080	(b) On receipt of the information required under Subsection
23081	23081	(a), the district shall issue an amended permit with the new owner
23082	23082	of the well listed as the permit holder. The remaining terms of the
23083	23083	permit remain unchanged. (Acts 71st Leg., R.S., Ch. 1045, Sec. 21.)
23084	23084	Sec. 8834.214. ANNUAL REPORT. Before January 31 each year,
23085	23085	a well owner who holds a permit under this chapter shall submit to
23086	23086	the board a report stating:
23087	23087	(1) the well owner's name;
23088	23088	(2) the location of the well;
23089	23089	(3) the total amount of groundwater withdrawn from the
23090	23090	well during the preceding 12-month period;
23091	23091	(4) the total amount of groundwater withdrawn from the
23092	23092	well during each month of the preceding 12-month period;
23093	23093	(5) the purpose for which the groundwater was used;
23094	23094	and
23095	23095	(6) any other information required by the board that
23096	23096	the board considers necessary for the board to control and prevent
23097	23097	subsidence in the district. (Acts 71st Leg., R.S., Ch. 1045, Sec.
23098	23098	22.)
23099	23099	Sec. 8834.215. REDUCTION OF GROUNDWATER USE. (a) The board
23100	23100	by order may require a person to completely or partially
23101	23101	discontinue the use of groundwater by:
23102	23102	(1) acquiring an alternative water supply needed to
23103	23103	replace the water supply covered by the order; or
23104	23104	(2) participating in a groundwater reduction plan or
23105	23105	other agreement the board approves as complying with the district's
23106	23106	regulatory requirements.
23107	23107	(b) The board by order or rule may require a person to reduce
23108	23108	groundwater use by eliminating waste or implementing water
23109	23109	conservation measures. (Acts 71st Leg., R.S., Ch. 1045, Secs.
23110	23110	25(d), (e).)
23111	23111	Sec. 8834.216. OPEN OR UNCOVERED WELLS. (a) The district
23112	23112	may require the owner or lessee of land on which an open or
23113	23113	uncovered well is located to keep the well closed or capped with a
23114	23114	covering capable of supporting not less than 400 pounds when the
23115	23115	well is not in actual use.
23116	23116	(b) If the owner or lessee fails or refuses to close or cap a
23117	23117	well as required, a person employed by the district may enter the
23118	23118	land and close or cap the well safely and securely. (Acts 71st
23119	23119	Leg., R.S., Ch. 1045, Sec. 37.)
23120	23120	[Sections 8834.217-8834.250 reserved for expansion]
23121	23121	SUBCHAPTER F. APPEAL AND ENFORCEMENT PROVISIONS
23122	23122	Sec. 8834.251. APPEAL OF DISTRICT ACTIONS. (a) A person
23123	23123	who is adversely affected by a rule, order, or other official action
23124	23124	of the board, including a person residing in or owning real property
23125	23125	in the district whose residence or real property is subsiding, may
23126	23126	appeal the action to a district court in any county in the district
23127	23127	after any administrative appeal is finally resolved.
23128	23128	(b) An appeal under this section must be filed not later
23129	23129	than the 45th day after the date any administrative appeal is
23130	23130	finally resolved.
23131	23131	(c) On written request from a person who is adversely
23132	23132	affected, the board shall make written findings and conclusions
23133	23133	regarding a rule, order, or other official action of the district.
23134	23134	The board shall provide a certified copy of the findings and
23135	23135	conclusions to the person not later than the 35th day after the date
23136	23136	the request was made.
23137	23137	(d) An appeal under this section of the legal propriety of a
23138	23138	rule, order, or other action of the board is governed by the
23139	23139	substantial evidence rule as provided by Subchapter G, Chapter
23140	23140	2001, Government Code. The burden of proof is on the petitioner,
23141	23141	and the challenged rule, order, or other official action of the
23142	23142	district is considered prima facie valid.
23143	23143	(e) The district court shall set for trial as expeditiously
23144	23144	as possible an appeal brought under this section and may not
23145	23145	postpone or continue the suit unless the reasons for postponement
23146	23146	or continuance are imperative. (Acts 71st Leg., R.S., Ch. 1045,
23147	23147	Sec. 32.)
23148	23148	Sec. 8834.252. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If a
23149	23149	person has violated, is violating, or is threatening to violate
23150	23150	this chapter or a district rule, permit, or order, the district may
23151	23151	institute an action in a district court in the district for:
23152	23152	(1) an injunction to restrain the person from
23153	23153	continuing the violation or the threat of violation;
23154	23154	(2) a civil penalty of not less than $50 and not more
23155	23155	than $5,000 for each violation and for each day of violation; or
23156	23156	(3) both injunctive relief and a civil penalty.
23157	23157	(b) The attorney general shall institute an action under
23158	23158	this section at the request of the board, or at the request of the
23159	23159	general manager if authorized by the board. The district in its
23160	23160	sole discretion may employ attorneys of its choice to institute the
23161	23161	action.
23162	23162	(c) The district is not required to post bond or other
23163	23163	security with the court.
23164	23164	(d) The district court shall grant the injunctive relief
23165	23165	requested under Subsection (a) as the facts warrant if the court
23166	23166	finds that a person is violating or threatening to violate this
23167	23167	chapter or a district rule, permit, or order.
23168	23168	(e) The district court shall assess a civil penalty
23169	23169	requested under Subsection (a) in the amount provided by that
23170	23170	subsection if the court finds that a person has violated or is
23171	23171	violating this chapter or a district rule, permit, or order. (Acts
23172	23172	71st Leg., R.S., Ch. 1045, Sec. 43.)
23173	23173	CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT
23174	23174	SUBCHAPTER A. GENERAL PROVISIONS
23175	23175	Sec. 8836.001. DEFINITIONS
23176	23176	Sec. 8836.002. NATURE OF DISTRICT
23177	23177	Sec. 8836.003. FINDINGS OF PUBLIC USE AND BENEFIT
23178	23178	Sec. 8836.004. DISTRICT TERRITORY
23179	23179	Sec. 8836.005. DISTRICT NAME CHANGE
23180	23180	[Sections 8836.006-8836.050 reserved for expansion]
23181	23181	SUBCHAPTER B. BOARD OF DIRECTORS
23182	23182	Sec. 8836.051. COMPOSITION OF BOARD; TERMS
23183	23183	Sec. 8836.052. ELECTION OF DIRECTORS
23184	23184	Sec. 8836.053. ELECTION DATE
23185	23185	Sec. 8836.054. QUALIFICATIONS FOR OFFICE
23186	23186	[Sections 8836.055-8836.100 reserved for expansion]
23187	23187	SUBCHAPTER C. POWERS AND DUTIES
23188	23188	Sec. 8836.101. GROUNDWATER CONSERVATION DISTRICT
23189	23189	POWERS AND DUTIES
23190	23190	Sec. 8836.102. REGIONAL COOPERATION
23191	23191	[Sections 8836.103-8836.150 reserved for expansion]
23192	23192	SUBCHAPTER D. FINANCIAL PROVISIONS
23193	23193	Sec. 8836.151. DISTRICT REVENUE
23194	23194	Sec. 8836.152. ELECTION TO APPROVE BONDS OR NOTES
23195	23195	CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT
23196	23196	SUBCHAPTER A. GENERAL PROVISIONS
23197	23197	Sec. 8836.001. DEFINITIONS. In this chapter:
23198	23198	(1) "Board" means the district's board of directors.
23199	23199	(2) "Director" means a board member.
23200	23200	(3) "District" means the Fayette County Groundwater
23201	23201	Conservation District. (Acts 77th Leg., R.S., Ch. 302, Sec. 2;
23202	23202	New.)
23203	23203	Sec. 8836.002. NATURE OF DISTRICT. The district is a
23204	23204	groundwater conservation district in Fayette County created under
23205	23205	and essential to accomplish the purposes of Section 59, Article
23206	23206	XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 302, Secs. 1(a)
23207	23207	(part), (b).)
23208	23208	Sec. 8836.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
23209	23209	district is created to serve a public use and benefit.
23210	23210	(b) All land and other property included in the district
23211	23211	will benefit from the works and projects accomplished by the
23212	23212	district under the powers conferred by Section 59, Article XVI,
23213	23213	Texas Constitution. (Acts 77th Leg., R.S., Ch. 302, Sec. 4.)
23214	23214	Sec. 8836.004. DISTRICT TERRITORY. The district's
23215	23215	boundaries are coextensive with the boundaries of Fayette County,
23216	23216	Texas, unless the district's territory has been modified under:
23217	23217	(1) Subchapter J, Chapter 36, Water Code; or
23218	23218	(2) other law. (Acts 77th Leg., R.S., Ch. 302, Sec. 3;
23219	23219	New.)
23220	23220	Sec. 8836.005. DISTRICT NAME CHANGE. The board by
23221	23221	resolution may change the district's name. (Acts 77th Leg., R.S.,
23222	23222	Ch. 302, Sec. 14.)
23223	23223	[Sections 8836.006-8836.050 reserved for expansion]
23224	23224	SUBCHAPTER B. BOARD OF DIRECTORS
23225	23225	Sec. 8836.051. COMPOSITION OF BOARD; TERMS. (a) The
23226	23226	district is governed by a board of five directors.
23227	23227	(b) Directors serve staggered four-year terms. (Acts 77th
23228	23228	Leg., R.S., Ch. 302, Secs. 7(a), (d).)
23229	23229	Sec. 8836.052. ELECTION OF DIRECTORS. (a) Directors are
23230	23230	elected according to the commissioners precinct method as provided
23231	23231	by this section.
23232	23232	(b) One director is elected by the voters of the entire
23233	23233	district. One director is elected from each county commissioners
23234	23234	precinct by the voters of that precinct.
23235	23235	(c) A person shall indicate on the application for a place
23236	23236	on the ballot:
23237	23237	(1) the precinct that the person seeks to represent;
23238	23238	or
23239	23239	(2) that the person seeks to represent the district at
23240	23240	large.
23241	23241	(d) At the first election after the county commissioners
23242	23242	precincts are redrawn under Section 18, Article V, Texas
23243	23243	Constitution, four new directors shall be elected to represent the
23244	23244	precincts. The directors from Precincts 1 and 3 are elected for
23245	23245	two-year terms. The directors from Precincts 2 and 4 are elected for
23246	23246	four-year terms. (Acts 77th Leg., R.S., Ch. 302, Secs. 9(a), (b),
23247	23247	(d), (e).)
23248	23248	Sec. 8836.053. ELECTION DATE. On the first Tuesday after
23249	23249	the first Monday in November of each even-numbered year, the
23250	23250	appropriate number of directors shall be elected for terms
23251	23251	beginning January 1 of the following year. (Acts 77th Leg., R.S.,
23252	23252	Ch. 302, Sec. 11(b).)
23253	23253	Sec. 8836.054. QUALIFICATIONS FOR OFFICE. (a) To be
23254	23254	qualified to be a candidate for or to serve as director at large, a
23255	23255	person must be a registered voter in the district.
23256	23256	(b) To be qualified to be a candidate for or to serve as
23257	23257	director from a county commissioners precinct, a person must be a
23258	23258	registered voter of that precinct. (Acts 77th Leg., R.S., Ch. 302,
23259	23259	Sec. 9(c).)
23260	23260	[Sections 8836.055-8836.100 reserved for expansion]
23261	23261	SUBCHAPTER C. POWERS AND DUTIES
23262	23262	Sec. 8836.101. GROUNDWATER CONSERVATION DISTRICT POWERS
23263	23263	AND DUTIES. Except as provided by this chapter, the district has
23264	23264	the rights, powers, privileges, functions, and duties provided by
23265	23265	the general law of this state, including Chapter 36, Water Code,
23266	23266	applicable to groundwater conservation districts created under
23267	23267	Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
23268	23268	R.S., Ch. 302, Sec. 5(a) (part).)
23269	23269	Sec. 8836.102. REGIONAL COOPERATION. To provide for
23270	23270	regional continuity, the district shall:
23271	23271	(1) participate in coordination meetings with
23272	23272	adjacent districts on an as-needed basis;
23273	23273	(2) coordinate the collection of data with adjacent
23274	23274	districts in such a way as to achieve relative uniformity of data
23275	23275	type and quality;
23276	23276	(3) coordinate efforts to monitor water quality with
23277	23277	adjacent districts, local governments, and state agencies;
23278	23278	(4) provide groundwater level data to adjacent
23279	23279	districts;
23280	23280	(5) investigate any groundwater and aquifer pollution
23281	23281	with the intention of locating its source;
23282	23282	(6) notify adjacent districts and all appropriate
23283	23283	agencies of any detected groundwater pollution;
23284	23284	(7) annually provide to adjacent districts an
23285	23285	inventory of water wells and an estimate of groundwater production
23286	23286	within the district; and
23287	23287	(8) include adjacent districts on the mailing lists
23288	23288	for district newsletters, seminars, public education events, news
23289	23289	articles, and field days. (Acts 77th Leg., R.S., Ch. 302, Sec. 6.)
23290	23290	[Sections 8836.103-8836.150 reserved for expansion]
23291	23291	SUBCHAPTER D. FINANCIAL PROVISIONS
23292	23292	Sec. 8836.151. DISTRICT REVENUE. To pay the district's
23293	23293	maintenance and operating costs and to pay any bonds or notes issued
23294	23294	by the district, the district may:
23295	23295	(1) impose an ad valorem tax at a rate not to exceed
23296	23296	two cents on each $100 valuation of taxable property in the
23297	23297	district, subject to voter approval;
23298	23298	(2) assess fees for services or for water withdrawn
23299	23299	from non-exempt wells; or
23300	23300	(3) solicit and accept grants from any private or
23301	23301	public source. (Acts 77th Leg., R.S., Ch. 302, Sec. 12.)
23302	23302	Sec. 8836.152. ELECTION TO APPROVE BONDS OR NOTES. The
23303	23303	district may not issue or sell bonds or notes payable from any
23304	23304	source unless the action is approved by a majority of the voters of
23305	23305	the district voting at an election held for that purpose. (Acts 77th
23306	23306	Leg., R.S., Ch. 302, Sec. 13.)
23307	23307	CHAPTER 8840. GLASSCOCK GROUNDWATER CONSERVATION DISTRICT
23308	23308	SUBCHAPTER A. GENERAL PROVISIONS
23309	23309	Sec. 8840.001. DEFINITIONS
23310	23310	Sec. 8840.002. NATURE OF DISTRICT
23311	23311	Sec. 8840.003. FINDINGS OF PUBLIC USE AND BENEFIT
23312	23312	Sec. 8840.004. DISTRICT TERRITORY
23313	23313	[Sections 8840.005-8840.050 reserved for expansion]
23314	23314	SUBCHAPTER B. BOARD OF DIRECTORS
23315	23315	Sec. 8840.051. COMPOSITION OF BOARD; TERMS
23316	23316	Sec. 8840.052. ELECTION OF DIRECTORS
23317	23317	Sec. 8840.053. ELECTION DATE
23318	23318	Sec. 8840.054. QUALIFICATIONS FOR ELECTION
23319	23319	Sec. 8840.055. ELECTION OF DIRECTORS FOLLOWING
23320	23320	ANNEXATION
23321	23321	[Sections 8840.056-8840.100 reserved for expansion]
23322	23322	SUBCHAPTER C. POWERS AND DUTIES
23323	23323	Sec. 8840.101. GENERAL POWERS AND DUTIES
23324	23324	Sec. 8840.102. ADMINISTRATIVE PROCEDURES
23325	23325	Sec. 8840.103. WELL PERMITS
23326	23326	Sec. 8840.104. WELL SPACING AND PRODUCTION
23327	23327	Sec. 8840.105. LOGS
23328	23328	Sec. 8840.106. SURVEYS
23329	23329	Sec. 8840.107. RESEARCH AND DETERMINATIONS REGARDING
23330	23330	GROUNDWATER WITHDRAWAL
23331	23331	Sec. 8840.108. COLLECTION AND PRESERVATION OF
23332	23332	INFORMATION
23333	23333	Sec. 8840.109. CONTRACT FOR SALE AND DISTRIBUTION OF
23334	23334	WATER
23335	23335	CHAPTER 8840. GLASSCOCK GROUNDWATER CONSERVATION DISTRICT
23336	23336	SUBCHAPTER A. GENERAL PROVISIONS
23337	23337	Sec. 8840.001. DEFINITIONS. In this chapter:
23338	23338	(1) "Board" means the district's board of directors.
23339	23339	(2) "Director" means a board member.
23340	23340	(3) "District" means the Glasscock Groundwater
23341	23341	Conservation District. (Acts 67th Leg., R.S., Ch. 489, Sec. 1
23342	23342	(part); New.)
23343	23343	Sec. 8840.002. NATURE OF DISTRICT. The district is created
23344	23344	under Section 59, Article XVI, Texas Constitution, to provide for
23345	23345	the conservation, preservation, protection, recharge, and
23346	23346	prevention of waste of the groundwater reservoirs located under
23347	23347	district land, consistent with the objectives of Section 59,
23348	23348	Article XVI, Texas Constitution, and Chapter 36, Water Code. (Acts
23349	23349	67th Leg., R.S., Ch. 489, Secs. 1 (part), 3.)
23350	23350	Sec. 8840.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
23351	23351	district is created to serve a public use and benefit.
23352	23352	(b) All land included in the district will benefit from the
23353	23353	district. (Acts 67th Leg., R.S., Ch. 489, Sec. 7(a).)
23354	23354	Sec. 8840.004. DISTRICT TERRITORY. The district's
23355	23355	boundaries are coextensive with the boundaries of Glasscock County,
23356	23356	Texas, unless the district's territory has been modified under:
23357	23357	(1) Subchapter J, Chapter 36, Water Code; or
23358	23358	(2) other law. (Acts 67th Leg., R.S., Ch. 489, Sec. 2;
23359	23359	New.)
23360	23360	[Sections 8840.005-8840.050 reserved for expansion]
23361	23361	SUBCHAPTER B. BOARD OF DIRECTORS
23362	23362	Sec. 8840.051. COMPOSITION OF BOARD; TERMS. (a) The
23363	23363	district is governed by a board of directors as provided by Chapter
23364	23364	36, Water Code.
23365	23365	(b) Directors serve staggered four-year terms. (Acts 67th
23366	23366	Leg., R.S., Ch. 489, Secs. 11(a), (f) (part).)
23367	23367	Sec. 8840.052. ELECTION OF DIRECTORS. (a) The district is
23368	23368	divided into numbered precincts for electing directors.
23369	23369	(b) The board may revise the district precincts as necessary
23370	23370	or appropriate.
23371	23371	(c) One director is elected from each district precinct and
23372	23372	one director is elected at large. (Acts 67th Leg., R.S., Ch. 489,
23373	23373	Secs. 11(c), (d).)
23374	23374	Sec. 8840.053. ELECTION DATE. The board shall hold an
23375	23375	election to elect the appropriate number of directors on the
23376	23376	uniform election date in May of each even-numbered year. (Acts 67th
23377	23377	Leg., R.S., Ch. 489, Sec. 11(f) (part).)
23378	23378	Sec. 8840.054. QUALIFICATIONS FOR ELECTION. (a) To be
23379	23379	qualified for election as a director, a person must:
23380	23380	(1) be a resident of the district or proposed
23381	23381	district;
23382	23382	(2) own land subject to taxation in the district or
23383	23383	proposed district; and
23384	23384	(3) be at least 21 years of age.
23385	23385	(b) To be qualified for election as a director from a
23386	23386	district precinct, a person must own land subject to taxation in the
23387	23387	district precinct from which the person is elected. (Acts 67th
23388	23388	Leg., R.S., Ch. 489, Secs. 11(b), (e).)
23389	23389	Sec. 8840.055. ELECTION OF DIRECTORS FOLLOWING ANNEXATION.
23390	23390	(a) Territory may be added to the district under Chapter 36, Water
23391	23391	Code.
23392	23392	(b) If the district annexes territory, the directors shall
23393	23393	determine the precincts to which annexed territory is added for the
23394	23394	purpose of electing directors. (Acts 67th Leg., R.S., Ch. 489, Sec.
23395	23395	10.)
23396	23396	[Sections 8840.056-8840.100 reserved for expansion]
23397	23397	SUBCHAPTER C. POWERS AND DUTIES
23398	23398	Sec. 8840.101. GENERAL POWERS AND DUTIES. The district may
23399	23399	exercise:
23400	23400	(1) the powers essential to accomplish the purposes of
23401	23401	Section 59, Article XVI, Texas Constitution; and
23402	23402	(2) the rights, powers, duties, privileges, and
23403	23403	functions provided by this chapter, Chapter 36, Water Code, and
23404	23404	other laws of this state relating to groundwater conservation
23405	23405	districts. (Acts 67th Leg., R.S., Ch. 489, Secs. 1 (part), 4
23406	23406	(part).)
23407	23407	Sec. 8840.102. ADMINISTRATIVE PROCEDURES. Except as
23408	23408	provided by this chapter, the administrative and procedural
23409	23409	provisions of Chapter 36, Water Code, apply to the district. (Acts
23410	23410	67th Leg., R.S., Ch. 489, Sec. 5.)
23411	23411	Sec. 8840.103. WELL PERMITS. (a) As permitted by Chapter
23412	23412	36, Water Code, the district may:
23413	23413	(1) require a permit for drilling, equipping, or
23414	23414	completing a well in a groundwater reservoir; and
23415	23415	(2) issue a permit subject to terms relating to
23416	23416	drilling, equipping, or completing a well that are necessary to
23417	23417	prevent waste or conserve, preserve, and protect groundwater.
23418	23418	(b) The district may not deny an owner of land, or the
23419	23419	owner's heirs, assigns, and lessees, a permit to drill a well on
23420	23420	that land or the right to produce groundwater from that well subject
23421	23421	to rules adopted under this chapter. (Acts 67th Leg., R.S., Ch.
23422	23422	489, Sec. 4 (part).)
23423	23423	Sec. 8840.104. WELL SPACING AND PRODUCTION. To minimize as
23424	23424	far as practicable the drawdown of the water table or the reduction
23425	23425	of the artesian pressure, the district, as permitted by Chapter 36,
23426	23426	Water Code, may provide for the spacing of wells producing from the
23427	23427	groundwater reservoirs and regulate the production from those
23428	23428	wells. (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)
23429	23429	Sec. 8840.105. LOGS. As permitted by Chapter 36, Water
23430	23430	Code, the district may require that:
23431	23431	(1) accurate driller's logs be kept of the drilling,
23432	23432	equipping, or completion of a well into a groundwater reservoir;
23433	23433	and
23434	23434	(2) a copy of a driller's log and of any electric log
23435	23435	that may be made of the well be filed with the district. (Acts 67th
23436	23436	Leg., R.S., Ch. 489, Sec. 4 (part).)
23437	23437	Sec. 8840.106. SURVEYS. As permitted by Chapter 36, Water
23438	23438	Code, the district may have a licensed engineer survey the
23439	23439	groundwater of a groundwater reservoir and the facilities for the
23440	23440	development, production, and use of that groundwater and determine
23441	23441	the quantity of the groundwater available for production and use
23442	23442	and the improvements, developments, and recharges needed for the
23443	23443	groundwater reservoir. (Acts 67th Leg., R.S., Ch. 489, Sec. 4
23444	23444	(part).)
23445	23445	Sec. 8840.107. RESEARCH AND DETERMINATIONS REGARDING
23446	23446	GROUNDWATER WITHDRAWAL. As permitted by Chapter 36, Water Code,
23447	23447	the district may carry out research projects, develop information,
23448	23448	and determine limitations, if any, that should be made on the
23449	23449	withdrawal of groundwater from a groundwater reservoir. (Acts 67th
23450	23450	Leg., R.S., Ch. 489, Sec. 4 (part).)
23451	23451	Sec. 8840.108. COLLECTION AND PRESERVATION OF INFORMATION.
23452	23452	As permitted by Chapter 36, Water Code, the district may collect and
23453	23453	preserve information regarding the use of groundwater and the
23454	23454	practicability of recharge of a groundwater reservoir. (Acts 67th
23455	23455	Leg., R.S., Ch. 489, Sec. 4 (part).)
23456	23456	Sec. 8840.109. CONTRACT FOR SALE AND DISTRIBUTION OF WATER.
23457	23457	As permitted by Chapter 36, Water Code, the district may contract
23458	23458	for, sell, and distribute water from a water import authority or
23459	23459	other agency. (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)
23460	23460	CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT
23461	23461	SUBCHAPTER A. GENERAL PROVISIONS
23462	23462	Sec. 8842.001. DEFINITIONS
23463	23463	Sec. 8842.002. NATURE OF DISTRICT
23464	23464	Sec. 8842.003. FINDINGS OF PUBLIC USE AND BENEFIT
23465	23465	Sec. 8842.004. DISTRICT TERRITORY
23466	23466	[Sections 8842.005-8842.050 reserved for expansion]
23467	23467	SUBCHAPTER B. BOARD OF DIRECTORS
23468	23468	Sec. 8842.051. COMPOSITION OF BOARD; TERMS
23469	23469	Sec. 8842.052. ELECTION OF DIRECTORS
23470	23470	Sec. 8842.053. ELECTION DATE
23471	23471	Sec. 8842.054. ELIGIBILITY
23472	23472	Sec. 8842.055. COMPENSATION; EXPENSES
23473	23473	[Sections 8842.056-8842.100 reserved for expansion]
23474	23474	SUBCHAPTER C. POWERS AND DUTIES
23475	23475	Sec. 8842.101. GROUNDWATER CONSERVATION DISTRICT
23476	23476	POWERS AND DUTIES
23477	23477	Sec. 8842.102. AUTHORITY OF DISTRICT TO CONTRACT WITH
23478	23478	GOVERNMENTAL BODIES
23479	23479	Sec. 8842.103. GRANTING OF GROUNDWATER RIGHTS
23480	23480	PROHIBITED
23481	23481	CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT
23482	23482	SUBCHAPTER A. GENERAL PROVISIONS
23483	23483	Sec. 8842.001. DEFINITIONS. In this chapter:
23484	23484	(1) "Board" means the district's board of directors.
23485	23485	(2) "Director" means a board member.
23486	23486	(3) "District" means the Headwaters Groundwater
23487	23487	Conservation District. (Acts 72nd Leg., R.S., Ch. 693, Sec. 2;
23488	23488	New.)
23489	23489	Sec. 8842.002. NATURE OF DISTRICT. The district is a
23490	23490	groundwater conservation district in Kerr County created under and
23491	23491	essential to accomplish the purposes of Section 59, Article XVI,
23492	23492	Texas Constitution. (Acts 72nd Leg., R.S., Ch. 693, Secs. 1(a)
23493	23493	(part), (b).)
23494	23494	Sec. 8842.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
23495	23495	district is created to serve a public use and benefit.
23496	23496	(b) All land and other property included in the district
23497	23497	will benefit from the works and projects accomplished by the
23498	23498	district under the powers conferred by Section 59, Article XVI,
23499	23499	Texas Constitution. (Acts 72nd Leg., R.S., Ch. 693, Sec. 4.)
23500	23500	Sec. 8842.004. DISTRICT TERRITORY. The district's
23501	23501	boundaries are coextensive with the boundaries of Kerr County,
23502	23502	unless the district's territory has been modified under:
23503	23503	(1) Subchapter J, Chapter 36, Water Code; or
23504	23504	(2) other law. (Acts 72nd Leg., R.S., Ch. 693, Sec. 3;
23505	23505	New.)
23506	23506	[Sections 8842.005-8842.050 reserved for expansion]
23507	23507	SUBCHAPTER B. BOARD OF DIRECTORS
23508	23508	Sec. 8842.051. COMPOSITION OF BOARD; TERMS. (a) The
23509	23509	district is governed by a board of five directors.
23510	23510	(b) Directors serve staggered four-year terms. (Acts 72nd
23511	23511	Leg., R.S., Ch. 693, Secs. 6(a), (d).)
23512	23512	Sec. 8842.052. ELECTION OF DIRECTORS. (a) Directors are
23513	23513	elected according to the commissioners precinct method as provided
23514	23514	by this section.
23515	23515	(b) One director is elected by the voters of the entire
23516	23516	district. One director is elected from each county commissioners
23517	23517	precinct by the voters of that precinct.
23518	23518	(c) A person shall indicate on the application for a place
23519	23519	on the ballot:
23520	23520	(1) the precinct that the person seeks to represent;
23521	23521	or
23522	23522	(2) that the person seeks to represent the district at
23523	23523	large.
23524	23524	(d) At the first election after the county commissioners
23525	23525	precincts are redrawn under Section 18, Article V, Texas
23526	23526	Constitution, a new director is elected from each precinct. The
23527	23527	directors shall draw lots to determine which two directors shall
23528	23528	serve two-year terms and which two directors shall serve four-year
23529	23529	terms. (Acts 72nd Leg., R.S., Ch. 693, Secs. 9(a), (c), (e), (f).)
23530	23530	Sec. 8842.053. ELECTION DATE. (a) Except as provided by
23531	23531	Subsection (b), directors' elections shall occur on the date of the
23532	23532	general election for state and county officers.
23533	23533	(b) If directors' elections may not lawfully be held on the
23534	23534	date described by Subsection (a), directors' elections shall occur
23535	23535	on the uniform election date in May of odd-numbered years. (Acts
23536	23536	72nd Leg., R.S., Ch. 693, Sec. 9(b).)
23537	23537	Sec. 8842.054. ELIGIBILITY. (a) To be eligible to serve on
23538	23538	the board, a person must have been a resident of the district for at
23539	23539	least one year before the date the person takes office as a
23540	23540	director.
23541	23541	(b) To be qualified to be a candidate for or to serve as
23542	23542	director at large, a person must be a registered voter in the
23543	23543	district.
23544	23544	(c) To be a candidate for or to serve as director from a
23545	23545	county commissioners precinct, a person must be a registered voter
23546	23546	of that precinct. (Acts 72nd Leg., R.S., Ch. 693, Secs. 6(h),
23547	23547	9(d).)
23548	23548	Sec. 8842.055. COMPENSATION; EXPENSES. A director serves
23549	23549	without compensation but is entitled to reimbursement for actual
23550	23550	expenses incurred in performing activities related to district
23551	23551	business, including education, travel, and seminars. (Acts 72nd
23552	23552	Leg., R.S., Ch. 693, Sec. 6(g).)
23553	23553	[Sections 8842.056-8842.100 reserved for expansion]
23554	23554	SUBCHAPTER C. POWERS AND DUTIES
23555	23555	Sec. 8842.101. GROUNDWATER CONSERVATION DISTRICT POWERS
23556	23556	AND DUTIES. The district has the rights, powers, privileges,
23557	23557	functions, and duties provided by the general law of this state,
23558	23558	including Chapter 36, Water Code, applicable to groundwater
23559	23559	conservation districts created under Section 59, Article XVI, Texas
23560	23560	Constitution. (Acts 72nd Leg., R.S., Ch. 693, Sec. 5(a) (part).)
23561	23561	Sec. 8842.102. AUTHORITY OF DISTRICT TO CONTRACT WITH
23562	23562	GOVERNMENTAL BODIES. (a) The district may contract with Kerr
23563	23563	County or a river authority whose boundaries are coextensive with
23564	23564	the district's boundaries for services available from the county or
23565	23565	river authority that directly relate to the district's activities.
23566	23566	Any party to a contract under this subsection may petition the Texas
23567	23567	Commission on Environmental Quality to resolve any dispute arising
23568	23568	out of the contract.
23569	23569	(b) The district may contract with a state agency or another
23570	23570	governmental body to carry out any function of the district. (Acts
23571	23571	72nd Leg., R.S., Ch. 693, Sec. 10.)
23572	23572	Sec. 8842.103. GRANTING OF GROUNDWATER RIGHTS PROHIBITED.
23573	23573	The district may not sell, donate, lease, or otherwise grant rights
23574	23574	in or to groundwater located in the district. (Acts 72nd Leg.,
23575	23575	R.S., Ch. 693, Sec. 11.)
23576	23576	CHAPTER 8844. HILL COUNTRY UNDERGROUND WATER CONSERVATION DISTRICT
23577	23577	SUBCHAPTER A. GENERAL PROVISIONS
23578	23578	Sec. 8844.001. DEFINITIONS
23579	23579	Sec. 8844.002. NATURE OF DISTRICT
23580	23580	Sec. 8844.003. LEGISLATIVE FINDINGS
23581	23581	Sec. 8844.004. DISTRICT TERRITORY
23582	23582	[Sections 8844.005-8844.050 reserved for expansion]
23583	23583	SUBCHAPTER B. ANNEXATION OF TERRITORY
23584	23584	Sec. 8844.051. ANNEXATION OF TERRITORY AUTHORIZED
23585	23585	Sec. 8844.052. PETITION FOR ANNEXATION ELECTION
23586	23586	Sec. 8844.053. HEARING; ELECTION ORDER
23587	23587	Sec. 8844.054. BALLOTS
23588	23588	Sec. 8844.055. DECLARATION OF ELECTION RESULTS
23589	23589	[Sections 8844.056-8844.100 reserved for expansion]
23590	23590	SUBCHAPTER C. BOARD OF DIRECTORS
23591	23591	Sec. 8844.101. COMPOSITION OF BOARD
23592	23592	Sec. 8844.102. TERMS
23593	23593	Sec. 8844.103. QUALIFICATIONS FOR ELECTION;
23594	23594	ELIGIBILITY TO SERVE
23595	23595	Sec. 8844.104. ELECTION DATE
23596	23596	[Sections 8844.105-8844.150 reserved for expansion]
23597	23597	SUBCHAPTER D. POWERS AND DUTIES
23598	23598	Sec. 8844.151. GROUNDWATER CONSERVATION DISTRICT
23599	23599	POWERS AND DUTIES
23600	23600	Sec. 8844.152. RECLAMATION
23601	23601	Sec. 8844.153. SOIL CONSERVATION AND IMPROVEMENT
23602	23602	Sec. 8844.154. INPUT WELLS
23603	23603	Sec. 8844.155. ACQUISITION OF PROPERTY
23604	23604	Sec. 8844.156. SALE AND DISPOSAL OF PROPERTY
23605	23605	Sec. 8844.157. APPEARANCE BEFORE RAILROAD COMMISSION
23606	23606	Sec. 8844.158. PROHIBITION: SUPPLY OF GROUNDWATER
23607	23607	CHAPTER 8844. HILL COUNTRY UNDERGROUND WATER CONSERVATION DISTRICT
23608	23608	SUBCHAPTER A. GENERAL PROVISIONS
23609	23609	Sec. 8844.001. DEFINITIONS. In this chapter:
23610	23610	(1) "Board" means the district's board of directors.
23611	23611	(2) "Director" means a board member.
23612	23612	(3) "District" means the Hill Country Underground
23613	23613	Water Conservation District. (Acts 70th Leg., R.S., Ch. 865, Sec.
23614	23614	2; New.)
23615	23615	Sec. 8844.002. NATURE OF DISTRICT. The district is created
23616	23616	under Section 59, Article XVI, Texas Constitution. (Acts 70th
23617	23617	Leg., R.S., Ch. 865, Sec. 1 (part).)
23618	23618	Sec. 8844.003. LEGISLATIVE FINDINGS. The legislature finds
23619	23619	that:
23620	23620	(1) the organization of the district is feasible and
23621	23621	practicable;
23622	23622	(2) the land to be included in the district and the
23623	23623	residents of the district will benefit from the creation of the
23624	23624	district;
23625	23625	(3) there is a public necessity for the district; and
23626	23626	(4) the creation of the district will further the
23627	23627	public welfare. (Acts 70th Leg., R.S., Ch. 865, Sec. 3.)
23628	23628	Sec. 8844.004. DISTRICT TERRITORY. The district is
23629	23629	composed of the territory located in Gillespie County, unless the
23630	23630	district's territory has been modified under:
23631	23631	(1) this subchapter; or
23632	23632	(2) other law. (Acts 70th Leg., R.S., Ch. 865, Sec. 4;
23633	23633	New.)
23634	23634	[Sections 8844.005-8844.050 reserved for expansion]
23635	23635	SUBCHAPTER B. ANNEXATION OF TERRITORY
23636	23636	Sec. 8844.051. ANNEXATION OF TERRITORY AUTHORIZED. The
23637	23637	board may annex territory to the district as provided by this
23638	23638	subchapter. (Acts 70th Leg., R.S., Ch. 865, Sec. 20(a).)
23639	23639	Sec. 8844.052. PETITION FOR ANNEXATION ELECTION. (a) To
23640	23640	initiate a proceeding to annex territory to the district, a written
23641	23641	petition requesting that the board call an annexation election must
23642	23642	be presented to the board.
23643	23643	(b) The petition must:
23644	23644	(1) define the territory to be annexed; and
23645	23645	(2) be signed by at least 50 percent of the persons who
23646	23646	reside in the territory to be annexed according to the most recent
23647	23647	federal census. (Acts 70th Leg., R.S., Ch. 865, Sec. 20(b).)
23648	23648	Sec. 8844.053. HEARING; ELECTION ORDER. (a) On receipt of a
23649	23649	petition under Section 8844.052, the board shall set a date for a
23650	23650	hearing on the petition. The hearing must be set for a date that is
23651	23651	not later than the 20th day after the date the board receives the
23652	23652	petition.
23653	23653	(b) The board shall publish notice of the place, time, date,
23654	23654	and purpose of the hearing in one or more newspapers with general
23655	23655	circulation in the district and in the territory to be annexed.
23656	23656	(c) At the hearing, any person may present testimony for or
23657	23657	against annexation of the territory to the district.
23658	23658	(d) At the conclusion of the hearing, the board shall
23659	23659	determine whether an election should be held to determine whether
23660	23660	the territory should be annexed.
23661	23661	(e) If the board determines that an election should be held,
23662	23662	the board shall issue an order calling separate elections to be held
23663	23663	in the district and in the territory to be annexed to determine
23664	23664	whether the territory should be annexed to the district. The board
23665	23665	shall hold the elections on the same day at the next uniform
23666	23666	election date following the date of the order.
23667	23667	(f) If the board determines that an election should not be
23668	23668	held, the board shall issue an order denying the petition. (Acts
23669	23669	70th Leg., R.S., Ch. 865, Secs. 20(c), (d), (e), (f), (g), (h).)
23670	23670	Sec. 8844.054. BALLOTS. Ballots for an election called
23671	23671	under Section 8844.053 must be printed to provide for voting for or
23672	23672	against the proposition: "The inclusion of _______________________
23673	23673	(briefly describe the territory to be annexed) in the Hill Country
23674	23674	Underground Water Conservation District, and assumption by the
23675	23675	described territory of a proportional share of the outstanding
23676	23676	indebtedness of the district." (Acts 70th Leg., R.S., Ch. 865, Sec.
23677	23677	20(i).)
23678	23678	Sec. 8844.055. DECLARATION OF ELECTION RESULTS. (a) If a
23679	23679	majority of the voters in the district and a majority of the voters
23680	23680	in the territory to be annexed voting on the proposition vote in
23681	23681	favor of the proposition, the territory is annexed to the district,
23682	23682	and the board shall issue a declaration to that effect.
23683	23683	(b) If a majority of the voters in the district or in the
23684	23684	territory to be annexed voting on the proposition vote against
23685	23685	annexing the territory to the district, the territory is not
23686	23686	annexed to the district, and the board shall issue a declaration to
23687	23687	that effect.
23688	23688	(c) The board shall file a copy of the election results and
23689	23689	declaration with the Texas Commission on Environmental Quality.
23690	23690	(Acts 70th Leg., R.S., Ch. 865, Sec. 20(j).)
23691	23691	[Sections 8844.056-8844.100 reserved for expansion]
23692	23692	SUBCHAPTER C. BOARD OF DIRECTORS
23693	23693	Sec. 8844.101. COMPOSITION OF BOARD. (a) The board is
23694	23694	composed of five directors, unless the board is expanded under
23695	23695	Subsection (b).
23696	23696	(b) If territory is annexed to the district, the territory
23697	23697	annexed is entitled to be represented by one director, and the board
23698	23698	shall add one director to the board for that purpose. The board
23699	23699	shall appoint an initial director to represent the newly annexed
23700	23700	territory. The initial director serves until the first regular
23701	23701	meeting of the board following the first regular election of
23702	23702	directors subsequent to the annexation of the territory. (Acts
23703	23703	70th Leg., R.S., Ch. 865, Secs. 8, 20(k).)
23704	23704	Sec. 8844.102. TERMS. Directors serve four-year terms.
23705	23705	(Acts 70th Leg., R.S., Ch. 865, Sec. 11.)
23706	23706	Sec. 8844.103. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
23707	23707	SERVE. (a) To be qualified for election as a director, a person
23708	23708	must be:
23709	23709	(1) a resident of the district; and
23710	23710	(2) at least 18 years of age.
23711	23711	(b) In addition to the requirements of Subsection (a):
23712	23712	(1) to be a director from a county commissioners
23713	23713	precinct, a person must be a resident of that precinct; and
23714	23714	(2) to be a director from a specific territory annexed
23715	23715	to the district, a person must be a resident of that territory.
23716	23716	(Acts 70th Leg., R.S., Ch. 865, Sec. 9.)
23717	23717	Sec. 8844.104. ELECTION DATE. Each odd-numbered year, the
23718	23718	board shall hold an election in the district on the uniform election
23719	23719	date in May to elect the appropriate number of directors. (Acts
23720	23720	70th Leg., R.S., Ch. 865, Sec. 10.)
23721	23721	[Sections 8844.105-8844.150 reserved for expansion]
23722	23722	SUBCHAPTER D. POWERS AND DUTIES
23723	23723	Sec. 8844.151. GROUNDWATER CONSERVATION DISTRICT POWERS
23724	23724	AND DUTIES. Except to the extent of a conflict with this chapter or
23725	23725	as limited by this chapter, the district is governed by, is subject
23726	23726	to, may exercise the powers granted by, and shall exercise the
23727	23727	duties provided by Chapter 36, Water Code. (Acts 70th Leg., R.S.,
23728	23728	Ch. 865, Sec. 12.)
23729	23729	Sec. 8844.152. RECLAMATION. The district may:
23730	23730	(1) reclaim land in the district; and
23731	23731	(2) construct works, facilities, and improvements
23732	23732	necessary to accomplish that purpose. (Acts 70th Leg., R.S., Ch.
23733	23733	865, Sec. 13.)
23734	23734	Sec. 8844.153. SOIL CONSERVATION AND IMPROVEMENT. The
23735	23735	district may construct and maintain terraces or other structures on
23736	23736	land in the district and may engage in or promote land treatment
23737	23737	measures for soil conservation and improvement. (Acts 70th Leg.,
23738	23738	R.S., Ch. 865, Sec. 14.)
23739	23739	Sec. 8844.154. INPUT WELLS. The district may drill, equip,
23740	23740	operate, and maintain input wells, pumps, and other facilities to
23741	23741	carry out its purpose and powers under this chapter. (Acts 70th
23742	23742	Leg., R.S., Ch. 865, Sec. 15.)
23743	23743	Sec. 8844.155. ACQUISITION OF PROPERTY. The district may
23744	23744	acquire any land or property necessary to carry out this chapter by:
23745	23745	(1) gift;
23746	23746	(2) grant;
23747	23747	(3) devise;
23748	23748	(4) lease;
23749	23749	(5) purchase; or
23750	23750	(6) the power of eminent domain. (Acts 70th Leg.,
23751	23751	R.S., Ch. 865, Sec. 16.)
23752	23752	Sec. 8844.156. SALE AND DISPOSAL OF PROPERTY. Subject to
23753	23753	this chapter and Chapter 36, Water Code, the district may sell or
23754	23754	otherwise dispose of land and other property of the district that is
23755	23755	not necessary to carry out the purpose or powers of the district as
23756	23756	determined by the board. (Acts 70th Leg., R.S., Ch. 865, Sec. 17.)
23757	23757	Sec. 8844.157. APPEARANCE BEFORE RAILROAD COMMISSION. The
23758	23758	district, through the directors or the district's general manager,
23759	23759	may appear before the Railroad Commission of Texas and present
23760	23760	evidence and information related to a pending permit application
23761	23761	for an injection well to be located in the district. (Acts 70th
23762	23762	Leg., R.S., Ch. 865, Sec. 18.)
23763	23763	Sec. 8844.158. PROHIBITION: SUPPLY OF GROUNDWATER. The
23764	23764	district may not contract to or take an action to supply groundwater
23765	23765	inside or outside the district. (Acts 70th Leg., R.S., Ch. 865,
23766	23766	Sec. 19.)
23767	23767	CHAPTER 8846. KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT
23768	23768	SUBCHAPTER A. GENERAL PROVISIONS
23769	23769	Sec. 8846.001. DEFINITIONS
23770	23770	Sec. 8846.002. NATURE OF DISTRICT
23771	23771	Sec. 8846.003. FINDINGS OF PUBLIC USE AND BENEFIT
23772	23772	Sec. 8846.004. DISTRICT TERRITORY
23773	23773	Sec. 8846.005. DISTRICT NAME CHANGE
23774	23774	Sec. 8846.006. CONTRACTS FOR ELECTION SERVICES
23775	23775	[Sections 8846.007-8846.050 reserved for expansion]
23776	23776	SUBCHAPTER B. BOARD OF DIRECTORS
23777	23777	Sec. 8846.051. COMPOSITION OF BOARD; TERMS
23778	23778	Sec. 8846.052. ELECTION OF DIRECTORS
23779	23779	Sec. 8846.053. ELECTION DATE
23780	23780	Sec. 8846.054. ELIGIBILITY
23781	23781	Sec. 8846.055. BOARD VACANCY
23782	23782	Sec. 8846.056. COMPENSATION; EXPENSES
23783	23783	[Sections 8846.057-8846.100 reserved for expansion]
23784	23784	SUBCHAPTER C. POWERS AND DUTIES
23785	23785	Sec. 8846.101. GROUNDWATER CONSERVATION DISTRICT
23786	23786	POWERS AND DUTIES
23787	23787	[Sections 8846.102-8846.150 reserved for expansion]
23788	23788	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
23789	23789	Sec. 8846.151. TAXES
23790	23790	Sec. 8846.152. FEES
23791	23791	CHAPTER 8846. KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT
23792	23792	SUBCHAPTER A. GENERAL PROVISIONS
23793	23793	Sec. 8846.001. DEFINITIONS. In this chapter:
23794	23794	(1) "Board" means the district's board of directors.
23795	23795	(2) "Commissioners court" means the Kinney County
23796	23796	Commissioners Court.
23797	23797	(3) "Director" means a board member.
23798	23798	(4) "District" means the Kinney County Groundwater
23799	23799	Conservation District. (Acts 77th Leg., R.S., Ch. 1344, Sec. 2;
23800	23800	New.)
23801	23801	Sec. 8846.002. NATURE OF DISTRICT. The district is a
23802	23802	groundwater conservation district in Kinney County created under
23803	23803	and essential to accomplish the purposes of Section 59, Article
23804	23804	XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1344, Secs.
23805	23805	1(a) (part), (b).)
23806	23806	Sec. 8846.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
23807	23807	district is created to serve a public use and benefit.
23808	23808	(b) All land and other property included in the district
23809	23809	will benefit from the works and projects accomplished by the
23810	23810	district under the powers conferred by Section 59, Article XVI,
23811	23811	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1344, Sec. 4.)
23812	23812	Sec. 8846.004. DISTRICT TERRITORY. The district's
23813	23813	boundaries are coextensive with the boundaries of Kinney County,
23814	23814	Texas, unless the district's territory has been modified under:
23815	23815	(1) Subchapter J, Chapter 36, Water Code; or
23816	23816	(2) other law. (Acts 77th Leg., R.S., Ch. 1344, Sec.
23817	23817	3; New.)
23818	23818	Sec. 8846.005. DISTRICT NAME CHANGE. The board may change
23819	23819	the district's name when the district annexes territory. (Acts
23820	23820	77th Leg., R.S., Ch. 1344, Sec. 12.)
23821	23821	Sec. 8846.006. CONTRACTS FOR ELECTION SERVICES. The
23822	23822	district shall contract with the county clerk of Kinney County to
23823	23823	conduct the district's elections. (Acts 77th Leg., R.S., Ch. 1344,
23824	23824	Sec. 9(b) (part).)
23825	23825	[Sections 8846.007-8846.050 reserved for expansion]
23826	23826	SUBCHAPTER B. BOARD OF DIRECTORS
23827	23827	Sec. 8846.051. COMPOSITION OF BOARD; TERMS. (a) The
23828	23828	district is governed by a board of seven directors.
23829	23829	(b) Directors serve staggered four-year terms.
23830	23830	(c) A director may serve consecutive terms. (Acts 77th
23831	23831	Leg., R.S., Ch. 1344, Secs. 6(a), (d), (g).)
23832	23832	Sec. 8846.052. ELECTION OF DIRECTORS. (a) Directors are
23833	23833	elected according to the method provided by this section.
23834	23834	(b) Three at-large directors are elected by the voters of
23835	23835	the entire district. One director is elected from each county
23836	23836	commissioners precinct by the voters of that precinct.
23837	23837	(c) A person shall indicate on the application for a place
23838	23838	on the ballot the position on the board for which the person is a
23839	23839	candidate.
23840	23840	(d) At the first election after the county commissioners
23841	23841	precincts are redrawn under Section 18, Article V, Texas
23842	23842	Constitution, each director in office on the effective date of the
23843	23843	change, or elected to a term of office beginning on or after the
23844	23844	effective date of the change, shall serve, unless otherwise removed
23845	23845	as provided by law, in the position to which each was elected for
23846	23846	the entire term to which elected, even though the change in
23847	23847	boundaries places the director's residence outside the precinct
23848	23848	from which the director was elected. (Acts 77th Leg., R.S., Ch.
23849	23849	1344, Secs. 8(a), (b), (e), (f).)
23850	23850	Sec. 8846.053. ELECTION DATE. On the first Tuesday after
23851	23851	the first Monday in November of each even-numbered year, the
23852	23852	appropriate number of directors shall be elected. (Acts 77th Leg.,
23853	23853	R.S., Ch. 1344, Sec. 10(b).)
23854	23854	Sec. 8846.054. ELIGIBILITY. (a) To be eligible to be a
23855	23855	candidate for or to serve as a director at large, a person must be a
23856	23856	registered voter in the district and:
23857	23857	(1) for position one, reside in the district;
23858	23858	(2) for position two, reside in the city of
23859	23859	Brackettville; and
23860	23860	(3) for position three, reside in the Fort Clark
23861	23861	Springs Municipal Utility District.
23862	23862	(b) To be eligible to be a candidate for or to serve as a
23863	23863	director from a county commissioners precinct, a person must:
23864	23864	(1) be a registered voter of that precinct; and
23865	23865	(2) reside in a rural area of that precinct. (Acts
23866	23866	77th Leg., R.S., Ch. 1344, Secs. 8(c), (d).)
23867	23867	Sec. 8846.055. BOARD VACANCY. (a) The commissioners court
23868	23868	shall appoint a replacement to fill a vacancy in the office of
23869	23869	director.
23870	23870	(b) The appointed replacement serves until the next
23871	23871	directors' election.
23872	23872	(c) At that election, a person is elected to fill the
23873	23873	position. If the position is not scheduled to be filled at the
23874	23874	election, the person elected to fill the position serves only for
23875	23875	the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
23876	23876	1344, Sec. 6(i).)
23877	23877	Sec. 8846.056. COMPENSATION; EXPENSES. (a) A director may
23878	23878	not receive compensation for performing duties as a director.
23879	23879	(b) A director shall be reimbursed for actual reasonable
23880	23880	expenses incurred in performing duties as a director. (Acts 77th
23881	23881	Leg., R.S., Ch. 1344, Sec. 6(h).)
23882	23882	[Sections 8846.057-8846.100 reserved for expansion]
23883	23883	SUBCHAPTER C. POWERS AND DUTIES
23884	23884	Sec. 8846.101. GROUNDWATER CONSERVATION DISTRICT POWERS
23885	23885	AND DUTIES. The district has the rights, powers, privileges,
23886	23886	functions, and duties provided by the general law of this state,
23887	23887	including Chapter 36, Water Code, applicable to groundwater
23888	23888	conservation districts created under Section 59, Article XVI, Texas
23889	23889	Constitution. (Acts 77th Leg., R.S., Ch. 1344, Sec. 5(a) (part).)
23890	23890	[Sections 8846.102-8846.150 reserved for expansion]
23891	23891	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
23892	23892	Sec. 8846.151. TAXES. To pay the district's maintenance
23893	23893	and operating expenses, each year the district may impose an ad
23894	23894	valorem tax at a rate not to exceed 10 cents for each $100 of
23895	23895	assessed valuation if a majority of the voters:
23896	23896	(1) approved the authority to impose the tax at the
23897	23897	confirmation election; or
23898	23898	(2) approve that authority at a separate election
23899	23899	called for that purpose by the board. (Acts 77th Leg., R.S., Ch.
23900	23900	1344, Sec. 11(a).)
23901	23901	Sec. 8846.152. FEES. The district may:
23902	23902	(1) impose a fee on water exported from the district;
23903	23903	and
23904	23904	(2) assess other fees as authorized by Chapter 36,
23905	23905	Water Code. (Acts 77th Leg., R.S., Ch. 1344, Secs. 11(b), (c).)
23906	23906	CHAPTER 8848. LONE WOLF GROUNDWATER CONSERVATION DISTRICT
23907	23907	SUBCHAPTER A. GENERAL PROVISIONS
23908	23908	Sec. 8848.001. DEFINITIONS
23909	23909	Sec. 8848.002. NATURE OF DISTRICT
23910	23910	Sec. 8848.003. FINDINGS OF PUBLIC USE AND BENEFIT
23911	23911	Sec. 8848.004. DISTRICT TERRITORY
23912	23912	[Sections 8848.005-8848.050 reserved for expansion]
23913	23913	SUBCHAPTER B. BOARD OF DIRECTORS
23914	23914	Sec. 8848.051. COMPOSITION OF BOARD; TERMS
23915	23915	Sec. 8848.052. ELECTION OF DIRECTORS
23916	23916	Sec. 8848.053. ELECTION DATE
23917	23917	Sec. 8848.054. ELIGIBILITY
23918	23918	Sec. 8848.055. COMPENSATION
23919	23919	[Sections 8848.056-8848.100 reserved for expansion]
23920	23920	SUBCHAPTER C. POWERS AND DUTIES
23921	23921	Sec. 8848.101. GROUNDWATER CONSERVATION DISTRICT
23922	23922	POWERS AND DUTIES
23923	23923	[Sections 8848.102-8848.150 reserved for expansion]
23924	23924	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
23925	23925	Sec. 8848.151. LIMITATION ON TAX RATE FOR DEBT
23926	23926	CHAPTER 8848. LONE WOLF GROUNDWATER CONSERVATION DISTRICT
23927	23927	SUBCHAPTER A. GENERAL PROVISIONS
23928	23928	Sec. 8848.001. DEFINITIONS. In this chapter:
23929	23929	(1) "Board" means the district's board of directors.
23930	23930	(2) "Director" means a board member.
23931	23931	(3) "District" means the Lone Wolf Groundwater
23932	23932	Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
23933	23933	Acts 77th Leg., R.S., Ch. 966, Sec. 3.0402; Acts 77th Leg., R.S.,
23934	23934	Ch. 1328, Sec. 2; New.)
23935	23935	Sec. 8848.002. NATURE OF DISTRICT. The district is a
23936	23936	groundwater conservation district created under and essential to
23937	23937	accomplish the purposes of Section 59, Article XVI, Texas
23938	23938	Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
23939	23939	(c).)
23940	23940	Sec. 8848.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
23941	23941	district is created to serve a public use and benefit.
23942	23942	(b) All land and other property included in the district
23943	23943	will benefit from the works and projects accomplished by the
23944	23944	district under the powers conferred by Section 59, Article XVI,
23945	23945	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
23946	23946	Sec. 8848.004. DISTRICT TERRITORY. The district's
23947	23947	boundaries are coextensive with the boundaries of Mitchell County
23948	23948	unless the district's territory has been modified under:
23949	23949	(1) Subchapter J, Chapter 36, Water Code; or
23950	23950	(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
23951	23951	2(a) (part); New.)
23952	23952	[Sections 8848.005-8848.050 reserved for expansion]
23953	23953	SUBCHAPTER B. BOARD OF DIRECTORS
23954	23954	Sec. 8848.051. COMPOSITION OF BOARD; TERMS. (a) The
23955	23955	district is governed by a board of five directors.
23956	23956	(b) Directors serve staggered four-year terms. (Acts 77th
23957	23957	Leg., R.S., Ch. 966, Secs. 3.0404(a), (d); Acts 77th Leg., R.S., Ch.
23958	23958	1328, Secs. 4(a), (d).)
23959	23959	Sec. 8848.052. ELECTION OF DIRECTORS. (a) Directors are
23960	23960	elected according to the commissioners precinct method as provided
23961	23961	by this section.
23962	23962	(b) One director is elected by the voters of the entire
23963	23963	district. One director is elected from each county commissioners
23964	23964	precinct by the voters of that precinct.
23965	23965	(c) A person shall indicate on the application for a place
23966	23966	on the ballot:
23967	23967	(1) the precinct that the person seeks to represent;
23968	23968	or
23969	23969	(2) that the person seeks to represent the district at
23970	23970	large.
23971	23971	(d) When the boundaries of the county commissioners
23972	23972	precincts are changed, each director in office on the effective
23973	23973	date of the change or elected to a term of office beginning on or
23974	23974	after the effective date of the change serves in the precinct to
23975	23975	which the director was elected for the entire term to which the
23976	23976	director was elected, even though the change in boundaries places
23977	23977	the person's residence outside the precinct for which the person
23978	23978	was elected. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0406(a), (b),
23979	23979	(d), (e); Acts 77th Leg., R.S., Ch. 1328, Secs. 6(a), (b), (d).)
23980	23980	Sec. 8848.053. ELECTION DATE. On the uniform election date
23981	23981	in May of each even-numbered year, the appropriate number of
23982	23982	directors shall be elected. (Acts 77th Leg., R.S., Ch. 966, Sec.
23983	23983	3.0408(b); Acts 77th Leg., R.S., Ch. 1328, Sec. 8(b).)
23984	23984	Sec. 8848.054. ELIGIBILITY. (a) To be eligible to be a
23985	23985	candidate for or to serve as director at large, a person must be a
23986	23986	registered voter in the district.
23987	23987	(b) To be eligible to be a candidate for or to serve as
23988	23988	director from a county commissioners precinct, a person must be a
23989	23989	registered voter of that precinct, except as provided by Section
23990	23990	8848.052(d). (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0406(c); Acts
23991	23991	77th Leg., R.S., Ch. 1328, Sec. 6(c); New.)
23992	23992	Sec. 8848.055. COMPENSATION. A director is not entitled to
23993	23993	fees of office. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0405 (part);
23994	23994	Acts 77th Leg., R.S., Ch. 1328, Sec. 5 (part).)
23995	23995	[Sections 8848.056-8848.100 reserved for expansion]
23996	23996	SUBCHAPTER C. POWERS AND DUTIES
23997	23997	Sec. 8848.101. GROUNDWATER CONSERVATION DISTRICT POWERS
23998	23998	AND DUTIES. The district has the rights, powers, privileges,
23999	23999	functions, and duties provided by the general law of this state,
24000	24000	including Chapter 36, Water Code, applicable to groundwater
24001	24001	conservation districts created under Section 59, Article XVI, Texas
24002	24002	Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0403 (part);
24003	24003	Acts 77th Leg., R.S., Ch. 1328, Sec. 3(a) (part).)
24004	24004	[Sections 8848.102-8848.150 reserved for expansion]
24005	24005	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
24006	24006	Sec. 8848.151. LIMITATION ON TAX RATE FOR DEBT. The
24007	24007	district may impose an ad valorem tax at a rate not to exceed 20
24008	24008	cents for each $100 of assessed valuation to pay any part of the
24009	24009	bonds or notes issued by the district if a majority of the voters
24010	24010	approve:
24011	24011	(1) the authority to impose the tax at the
24012	24012	confirmation election; or
24013	24013	(2) that authority at a separate election called for
24014	24014	that purpose by the board. (Acts 77th Leg., R.S., Ch. 966, Sec.
24015	24015	3.0409; Acts 77th Leg., R.S., Ch. 1328, Sec. 9.)
24016	24016	CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT
24017	24017	SUBCHAPTER A. GENERAL PROVISIONS
24018	24018	Sec. 8849.001. DEFINITIONS
24019	24019	Sec. 8849.002. NATURE OF DISTRICT
24020	24020	Sec. 8849.003. FINDINGS OF PUBLIC USE AND BENEFIT
24021	24021	Sec. 8849.004. DISTRICT TERRITORY
24022	24022	[Sections 8849.005-8849.050 reserved for expansion]
24023	24023	SUBCHAPTER B. BOARD OF DIRECTORS
24024	24024	Sec. 8849.051. COMPOSITION OF BOARD; TERMS
24025	24025	Sec. 8849.052. APPOINTMENT OF DIRECTORS
24026	24026	Sec. 8849.053. BOARD VACANCY
24027	24027	Sec. 8849.054. EXPENSES
24028	24028	[Sections 8849.055-8849.100 reserved for expansion]
24029	24029	SUBCHAPTER C. POWERS AND DUTIES
24030	24030	Sec. 8849.101. GROUNDWATER CONSERVATION DISTRICT
24031	24031	POWERS AND DUTIES
24032	24032	Sec. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM
24033	24033	REGULATION
24034	24034	Sec. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF
24035	24035	RAILROAD COMMISSION
24036	24036	Sec. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX
24037	24037	COORDINATING COUNCIL
24038	24038	Sec. 8849.105. MANAGEMENT PLAN
24039	24039	Sec. 8849.106. REGIONAL COOPERATION
24040	24040	[Sections 8849.107-8849.150 reserved for expansion]
24041	24041	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
24042	24042	Sec. 8849.151. PUMPING FEES
24043	24043	Sec. 8849.152. TAXES PROHIBITED
24044	24044	CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT
24045	24045	SUBCHAPTER A. GENERAL PROVISIONS
24046	24046	Sec. 8849.001. DEFINITIONS. In this chapter:
24047	24047	(1) "Board" means the district's board of directors.
24048	24048	(2) "Director" means a board member.
24049	24049	(3) "District" means the Lost Pines Groundwater
24050	24050	Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
24051	24051	Acts 77th Leg., R.S., Ch. 966, Sec. 3.0502(1); Acts 77th Leg., R.S.,
24052	24052	Ch. 1323, Sec. 2(1); New.)
24053	24053	Sec. 8849.002. NATURE OF DISTRICT. The district is a
24054	24054	groundwater conservation district created under and essential to
24055	24055	accomplish the purposes of Section 59, Article XVI, Texas
24056	24056	Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
24057	24057	(c).)
24058	24058	Sec. 8849.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
24059	24059	district is created to serve a public use and benefit.
24060	24060	(b) All land and other property included in the district
24061	24061	will benefit from the works and projects accomplished by the
24062	24062	district under the powers conferred by Section 59, Article XVI,
24063	24063	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
24064	24064	Sec. 8849.004. DISTRICT TERRITORY. The district's
24065	24065	boundaries are coextensive with the boundaries of Bastrop and Lee
24066	24066	Counties unless the district's territory has been modified under:
24067	24067	(1) Subchapter J, Chapter 36, Water Code; or
24068	24068	(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
24069	24069	2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.0503; Acts 77th
24070	24070	Leg., R.S., Ch. 1323, Sec. 3; New.)
24071	24071	[Sections 8849.005-8849.050 reserved for expansion]
24072	24072	SUBCHAPTER B. BOARD OF DIRECTORS
24073	24073	Sec. 8849.051. COMPOSITION OF BOARD; TERMS. (a) The
24074	24074	district is governed by a board of 10 directors.
24075	24075	(b) Directors serve staggered four-year terms. (Acts 77th
24076	24076	Leg., R.S., Ch. 966, Secs. 3.0506(a), (f); Acts 77th Leg., R.S., Ch.
24077	24077	1323, Secs. 7(a), (f).)
24078	24078	Sec. 8849.052. APPOINTMENT OF DIRECTORS. (a) Five
24079	24079	directors are appointed from Bastrop County by the county judge of
24080	24080	Bastrop County and five directors are appointed from Lee County by
24081	24081	the county judge of Lee County.
24082	24082	(b) Every two years after the initial appointment of
24083	24083	directors, the appropriate number of directors shall be appointed.
24084	24084	(Acts 77th Leg., R.S., Ch. 966, Secs. 3.0506(b), (e); Acts 77th
24085	24085	Leg., R.S., Ch. 1323, Secs. 7(b), (e).)
24086	24086	Sec. 8849.053. BOARD VACANCY. If a vacancy occurs on the
24087	24087	board, the board may appoint a director to serve the remainder of
24088	24088	the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506(j); Acts 77th
24089	24089	Leg., R.S., Ch. 1323, Sec. 7(j).)
24090	24090	Sec. 8849.054. EXPENSES. A director is entitled to
24091	24091	reimbursement for actual reasonable expenses incurred in
24092	24092	performing duties as a director. (Acts 77th Leg., R.S., Ch. 966,
24093	24093	Sec. 3.0506(k) (part); Acts 77th Leg., R.S., Ch. 1323, Sec. 7(k)
24094	24094	(part).)
24095	24095	[Sections 8849.055-8849.100 reserved for expansion]
24096	24096	SUBCHAPTER C. POWERS AND DUTIES
24097	24097	Sec. 8849.101. GROUNDWATER CONSERVATION DISTRICT POWERS
24098	24098	AND DUTIES. The district has the rights, powers, privileges,
24099	24099	functions, and duties provided by the general law of this state,
24100	24100	including Chapter 36, Water Code, applicable to groundwater
24101	24101	conservation districts created under Section 59, Article XVI, Texas
24102	24102	Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(a)
24103	24103	(part); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(a) (part).)
24104	24104	Sec. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM
24105	24105	REGULATION. The district may adopt a rule exempting a well that is
24106	24106	not capable of producing more than 50,000 gallons of groundwater a
24107	24107	day from a permit requirement, a fee, or a restriction on
24108	24108	production. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(c); Acts
24109	24109	77th Leg., R.S., Ch. 1323, Sec. 4(e).)
24110	24110	Sec. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF
24111	24111	RAILROAD COMMISSION. (a) In this section:
24112	24112	(1) "Public utility" means any person, corporation,
24113	24113	public utility, water supply or sewer service corporation,
24114	24114	municipality, political subdivision, or agency operating,
24115	24115	maintaining, or controlling facilities in this state for providing
24116	24116	potable water service for compensation.
24117	24117	(2) "Railroad commission" means the Railroad
24118	24118	Commission of Texas.
24119	24119	(b) A groundwater well drilled or operated in the district
24120	24120	under a permit issued by the railroad commission is under the
24121	24121	exclusive jurisdiction of the railroad commission and is exempt
24122	24122	from regulation by the district.
24123	24123	(c) Groundwater produced in an amount authorized by a
24124	24124	railroad commission permit may be used in or exported from the
24125	24125	district without a permit from the district.
24126	24126	(d) To the extent groundwater production exceeds railroad
24127	24127	commission authorization, the holder of the railroad commission
24128	24128	permit:
24129	24129	(1) shall apply to the district for the appropriate
24130	24130	permit for the excess production; and
24131	24131	(2) is subject to the applicable regulatory fees.
24132	24132	(e) Groundwater produced from a well under the jurisdiction
24133	24133	of the railroad commission is generally exempt from water district
24134	24134	fees. However, the district may impose a pumping fee or an export
24135	24135	fee on groundwater produced from an otherwise exempt mine well that
24136	24136	is used for municipal purposes or by a public utility. A fee
24137	24137	imposed by the district under this subsection may not exceed the fee
24138	24138	imposed on other groundwater producers in the district. (Acts 77th
24139	24139	Leg., R.S., Ch. 966, Secs. 3.0502(2), 3.0505; Acts 77th Leg., R.S.,
24140	24140	Ch. 1323, Secs. 2(2), 5; New.)
24141	24141	Sec. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX
24142	24142	COORDINATING COUNCIL. The district is a member of the Central
24143	24143	Carrizo-Wilcox Coordinating Council. (Acts 77th Leg., R.S., Ch.
24144	24144	1323, Sec. 10.)
24145	24145	Sec. 8849.105. MANAGEMENT PLAN. The district shall develop
24146	24146	or contract to develop a district management plan under Section
24147	24147	36.1071, Water Code, and submit the plan to the Central
24148	24148	Carrizo-Wilcox Coordinating Council to be included in the
24149	24149	management plan developed by the council. (Acts 77th Leg., R.S.,
24150	24150	Ch. 1323, Sec. 11.)
24151	24151	Sec. 8849.106. REGIONAL COOPERATION. The district shall:
24152	24152	(1) adopt a management plan detailing proposed efforts
24153	24153	of the district to cooperate with other groundwater conservation
24154	24154	districts;
24155	24155	(2) participate as needed in coordination meetings
24156	24156	with adjacent groundwater conservation districts that share one or
24157	24157	more aquifers with the district;
24158	24158	(3) coordinate the collection of data with adjacent
24159	24159	groundwater conservation districts in such a way as to achieve
24160	24160	relative uniformity of data type and quality;
24161	24161	(4) provide groundwater level information to adjacent
24162	24162	groundwater conservation districts;
24163	24163	(5) investigate any groundwater pollution to identify
24164	24164	the pollution's source;
24165	24165	(6) notify adjacent groundwater conservation
24166	24166	districts and all appropriate agencies of any groundwater pollution
24167	24167	detected and the source of the pollution identified;
24168	24168	(7) provide to adjacent groundwater conservation
24169	24169	districts annually an inventory of water wells in the district and
24170	24170	an estimate of groundwater production in the district; and
24171	24171	(8) include adjacent groundwater conservation
24172	24172	districts on mailing lists for district newsletters and information
24173	24173	regarding seminars, public education events, news articles, and
24174	24174	field days. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0508.)
24175	24175	[Sections 8849.107-8849.150 reserved for expansion]
24176	24176	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
24177	24177	Sec. 8849.151. PUMPING FEES. (a) The district may assess
24178	24178	regulatory pumping fees for water produced in or exported from the
24179	24179	district.
24180	24180	(b) The regulatory pumping fees the district assesses for
24181	24181	water for crop or livestock production or other agricultural uses
24182	24182	may not exceed 20 percent of the rate applied to water for municipal
24183	24183	uses.
24184	24184	(c) Regulatory pumping fees based on the amount of water
24185	24185	withdrawn from a well may not exceed:
24186	24186	(1) $1 for each acre-foot for water used to irrigate
24187	24187	agricultural crops; or
24188	24188	(2) 17 cents for each thousand gallons for water used
24189	24189	for any other purpose.
24190	24190	(d) Combined regulatory pumping fees for production and
24191	24191	export of water may not exceed 17 cents for each thousand gallons
24192	24192	for water used. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(b)
24193	24193	(part); Acts 77th Leg., R.S., Ch. 1323, Secs. 4(c) (part), (d).)
24194	24194	Sec. 8849.152. TAXES PROHIBITED. The district may not
24195	24195	impose a tax. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(b)
24196	24196	(part); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(c) (part).)
24197	24197	ARTICLE 2. CONFORMING AMENDMENTS
24198	24198	SECTION 2.01. Section 1, Chapter 310, Acts of the 59th
24199	24199	Legislature, Regular Session, 1965, is amended to read as follows:
24200	24200	Sec. 1. The [Pursuant to authority granted by the
24201	24201	provisions of Section 9 of Article IX of the Constitution of the
24202	24202	State of Texas, Cuero Hospital District of] DeWitt Medical District
24203	24203	[County, Texas, is hereby authorized to be created in DeWitt
24204	24204	County, Texas, and as created] shall have the following boundaries:
24205	24205	BEGINNING at the most southerly corner of DeWitt County,
24206	24206	Texas, on the north bank of the Fifteen Mile Colletto Creek;
24207	24207	THENCE, in a generally northwesterly direction up said north
24208	24208	bank of said creek and its meanders to another corner of DeWitt
24209	24209	County on the south line of the P. C. Ragsdale Survey, A-414;
24210	24210	THENCE, in an easterly direction in a straight line to the
24211	24211	west corner of the James Kelly Survey, A-285, same being the south
24212	24212	corner of the David Oaks Survey, A-374;
24213	24213	THENCE, in a northwesterly direction with the southwest line
24214	24214	of said Oaks Survey to its southwest corner, same also being an
24215	24215	interior corner of the John T. Tinsley League, A-455;
24216	24216	THENCE, in a northeasterly direction along the southeast line
24217	24217	of said Tinsley League to its intersection with the centerline of
24218	24218	the Twelve Mile Colletto Creek;
24219	24219	THENCE, in a generally northwesterly direction up the
24220	24220	centerline of said creek with its meanders to its intersection with
24221	24221	the northeast line of the G. H. Woods Survey, A-482;
24222	24222	THENCE, in a southeasterly direction along said northeast
24223	24223	line of said Woods Survey to its northeast corner, same being on the
24224	24224	south line of the W. H. Stubblefield Survey, A-425;
24225	24225	THENCE, continuing in a southeasterly direction along said
24226	24226	south line of said Stubblefield Survey to its southeast corner;
24227	24227	THENCE, in a northerly direction along the east line of said
24228	24228	StubbIefield Survey and continuing in the same direction along an
24229	24229	east boundary line of the James Foster Survey, A-176, to an interior
24230	24230	corner of said Foster Survey;
24231	24231	THENCE, in an easterly direction along a south line of said
24232	24232	Foster Survey, same being a north line of the Otto Von Roeder
24233	24233	Survey, to an east corner of said Foster Survey and an interior
24234	24234	corner of said Von Roeder Survey;
24235	24235	THENCE, in a northerly direction along an east line of said
24236	24236	Foster Survey to an interior corner of said Foster Survey;
24237	24237	THENCE, in an easterly direction along a south line of said
24238	24238	Foster Survey to an interior corner of the James Kelly Survey,
24239	24239	A-282;
24240	24240	THENCE, in a northerly direction along an east line of said
24241	24241	Foster Survey, same being a west line of said Kelly Survey, to the
24242	24242	most northerly west corner of said Kelly Survey on the south line of
24243	24243	the Campbell Taylor Survey, A-459;
24244	24244	THENCE, in a westerly direction along said south line of said
24245	24245	Taylor Survey to its southwest corner;
24246	24246	THENCE, in a northerly direction along the west line of said
24247	24247	Taylor Survey to the most northerly east corner of said Foster
24248	24248	Survey;
24249	24249	THENCE, in a northwesterly direction along the most northerly
24250	24250	north line of said Foster Survey to its most northerly corner;
24251	24251	THENCE, in a northerly direction along the east line of the
24252	24252	Indianola Railroad Company Survey Section No. 5, A-248, to its
24253	24253	northeast corner;
24254	24254	THENCE, in a westerly direction along the most northerly
24255	24255	north line of said Indianola Railroad Survey Section No. 5 to its
24256	24256	most northerly northwest corner on the east line of the James C.
24257	24257	Davis Survey, A-148;
24258	24258	THENCE, in a northerly direction along said east line of said
24259	24259	Davis Survey to its northeast corner;
24260	24260	THENCE, in a westerly direction along the north line of said
24261	24261	Davis Survey to the southeast corner of the Wiley W. Hunter Survey,
24262	24262	A-216;
24263	24263	THENCE, in a northerly direction along the east line of said
24264	24264	Hunter Survey to its northeast corner on the south line of the John
24265	24265	S. Stump Survey, A-430;
24266	24266	THENCE, in a westerly direction along said south line of said
24267	24267	Stump Survey to its southwest corner, same being the most southerly
24268	24268	east corner of the W. S. Lyell Survey, A-311;
24269	24269	THENCE, in a westerly direction along the most southerly
24270	24270	south line of said Lyell Survey to its most southerly southwest
24271	24271	corner;
24272	24272	THENCE, in a northerly direction along the most westerly west
24273	24273	line of said Lyell Survey to the most southerly east corner of the
24274	24274	W. W. Hunter Survey;
24275	24275	THENCE, in a westerly direction along the most southerly
24276	24276	south line of said W. W. Hunter Survey to its most westerly
24277	24277	southwest corner, same being on the southeast line of the William
24278	24278	Eastland Survey, A-174;
24279	24279	THENCE, in a northeasterly direction along said southeast
24280	24280	line of said Eastland Survey to its northeast corner;
24281	24281	THENCE, in a northwesterly direction along said northeast
24282	24282	line of said Eastland Survey and the northeast line of the N.
24283	24283	Whitehead Survey, A-489, to the north corner of said Whitehead
24284	24284	Survey;
24285	24285	THENCE, in a southwesterly direction along the northwest line
24286	24286	of said Whitehead Survey to the south corner of the J. D. Morris
24287	24287	Survey, same being a northeast corner of the John E. Ross Survey,
24288	24288	A-403;
24289	24289	THENCE, in a northwesterly direction along the southwest
24290	24290	lines of said Morris Survey, the Daniel E. Benton Survey, A-67, and
24291	24291	the William Robertson Survey, A-401, and the northeast lines of
24292	24292	said Ross Survey and the Isaac Baker Survey, A-89, to an
24293	24293	intersection with the DeWitt-Gonzales County Line;
24294	24294	THENCE, in a northeasterly direction along said
24295	24295	DeWitt-Gonzales County Line to its intersection with the east line
24296	24296	of the Daniel Davis Survey, A-12 and the west line of the Simeon
24297	24297	Bateman Survey, A-4;
24298	24298	THENCE, in a southeasterly direction along the east line of
24299	24299	the said Davis Survey to its intersection with the centerline of the
24300	24300	Guadalupe River;
24301	24301	THENCE, in a generally southerly direction downstream with
24302	24302	said centerline of said Guadalupe River and its meanders to its
24303	24303	intersection with the westerly projection of the northeast line of
24304	24304	the John McCoy League, A-30;
24305	24305	THENCE, in an easterly direction with said projection of said
24306	24306	northeast line of the McCoy League to the northwest corner of the
24307	24307	said McCoy League;
24308	24308	THENCE, in an easterly direction along the north line of said
24309	24309	McCoy League to its northeast corner, same being an interior corner
24310	24310	of the J. D. Clements League, A-10;
24311	24311	THENCE, southerly along the east line of the said McCoy
24312	24312	League and along a west line of the said Clements League to the
24313	24313	northwest corner of the Mrs. 0. S. Brown 150 acres tract;
24314	24314	THENCE, in an easterly direction parallel to the south line
24315	24315	of the said Clements League and along the northerly line of the Mrs.
24316	24316	0. S. Brown, Walter Voegel and G. S. Baylor tracts to the east line
24317	24317	of the said Clements League and the west line of the James Swindle
24318	24318	Survey, A-416;
24319	24319	THENCE, southerly along said west line of the Swindle Survey
24320	24320	to its southwest corner;
24321	24321	THENCE, in an easterly direction along the south line of the
24322	24322	said Swindle Survey to the northeast corner of the W. W. McCormick
24323	24323	185 acres tract;
24324	24324	THENCE, southerly along the east line of the said McCormick
24325	24325	tract; to the southeast corner of said McCormick tract;
24326	24326	THENCE, westerly along the south line of the said McCormick
24327	24327	tract to the northeast corner of a 100 acres tract (C. G. Huatt 100
24328	24328	acres tract) formerly owned by Dick Frels;
24329	24329	THENCE, southerly along the east line of said 100 acres tract
24330	24330	to its southeast corner on the north line of the Joseph Edgar
24331	24331	Survey, A-168;
24332	24332	THENCE, westerly along said north line of the Edgar Survey to
24333	24333	the northeast corner of the J. B. Milligan 160 acres tract;
24334	24334	THENCE, in a southerly direction along the most easterly east
24335	24335	line of said Milligan tract to the most northerly southeast corner
24336	24336	of said tract;
24337	24337	THENCE, in a southwesterly direction along an east or
24338	24338	southeast line of said Milligan tract to the most southerly
24339	24339	southeast corner of said tract;
24340	24340	THENCE, in a westerly direction along the south line of said
24341	24341	Milligan tract to its southwest corner on the west line of said
24342	24342	Edgar Survey;
24343	24343	THENCE, southerly along said west line of the Edgar Survey to
24344	24344	its southwest corner on the east line of the K. W. Barton Survey,
24345	24345	A-3, and at the most northerly northwest corner of the Isham G.
24346	24346	Belcher Survey, A-68;
24347	24347	THENCE, easterly along the north line of said Belcher Survey
24348	24348	to its east or northeast corner in the south line of the S. R.
24349	24349	Roberts Survey, A-400;
24350	24350	THENCE, southerly along the east line of said Belcher Survey
24351	24351	to its southeast corner at a corner of the W. S. Townsend Survey,
24352	24352	A-453;
24353	24353	THENCE, westerly along the south line of said Belcher Survey
24354	24354	to the northeest corner of the Nicholas McNutt Survey, A-327;
24355	24355	THENCE, southerly along the east line of the said McNutt
24356	24356	Survey and along the west line of the Benjamin Payne Survey, A-378,
24357	24357	to the southwest corner of said Payne Survey at an interior corner
24358	24358	of the S. A. and M. G. Railroad Survey No. 11, A-449;
24359	24359	THENCE, easterly along the south line of said Payne Survey
24360	24360	and the north line of said S. A. and M. G. Railroad Survey to the
24361	24361	most easterly northeast corner of said S. A. and M. G. Railroad
24362	24362	Survey at an interior corner of the C. D. Mixon Survey, A-354;
24363	24363	THENCE, southerly or southwesterly along a west line of said
24364	24364	Mixon Survey and along an east line of the said S. A. and M. G.
24365	24365	Railroad Survey to the west corner of the said Mixon Survey and the
24366	24366	north corner of the William Norvall Survey, A-371;
24367	24367	THENCE, easterly or southeasterly along the north line of
24368	24368	said Norvall Survey, the south line of the said Mixon Survey, and
24369	24369	the south line of the S. A. Rogers Survey, A-412 to the south corner
24370	24370	of said Rogers Survey at an interior corner of the William S.
24371	24371	Townsend Survey, A-457;
24372	24372	THENCE, northerly or northeasterly along the southeast line
24373	24373	of said Rogers Survey to the north corner of said Townsend Survey;
24374	24374	THENCE, southeasterly along an east line of said Townsend
24375	24375	Survey to the south corner of the Abednego Biddy Survey, A-63;
24376	24376	THENCE, easterly or northeasterly along the south line of
24377	24377	said Biddy Survey to the west corner of the John Graham Survey,
24378	24378	A-193;
24379	24379	THENCE, southeasterly along the west line of said Graham
24380	24380	Survey to its south corner and an interior corner of said Townsend
24381	24381	Survey;
24382	24382	THENCE, easterly or northeasterly along the southeast line of
24383	24383	said Graham Survey to its east corner and the most easterly
24384	24384	northeast corner of said Townsend Survey;
24385	24385	THENCE, southeasterly along the most easterly east line of
24386	24386	said Townsend Survey to its most easterly corner and the south or
24387	24387	southwest corner of the J. G. Swisher Survey, A-421;
24388	24388	THENCE, southwesterly along a south line of said Townsend
24389	24389	Survey to the west corner of the Berry Doolittle Survey, A-154;
24390	24390	THENCE, southeasterly along the west line of said Doolittle
24391	24391	Survey to its southwest corner on the north line of the T. & N. 0.
24392	24392	Railroad Survey No. 1, A-550;
24393	24393	THENCE, northeasterly along said north line of the T. & N. 0.
24394	24394	Railroad Survey No. 1 to the most northerly corner of said Survey
24395	24395	No. 1;
24396	24396	THENCE, southeasterly along an east line of said Survey No. 1
24397	24397	and the west line of the M. H. Granberry Survey, A-208, to south
24398	24398	corner of said Granberry Survey;
24399	24399	THENCE, northeasterly along the south line of said Granberry
24400	24400	Survey to the west or northwest corner of the T. C. Fort Survey,
24401	24401	A-185;
24402	24402	THENCE, southeasterly along the west line of said Fort Survey
24403	24403	to its south or southwest corner on the north line of the J. W.
24404	24404	Boothe Survey;
24405	24405	THENCE, southwesterly along the north line of said Boothe
24406	24406	Survey to its west corner;
24407	24407	THENCE, southeasterly along the west line of said Boothe
24408	24408	Survey and along the west line of the Jesse E. Nash Survey, A-368,
24409	24409	to its south or southwest corner;
24410	24410	THENCE, easterly or northeasterly along the south line of
24411	24411	said Nash Survey to the west or northwest corner of the Manuel
24412	24412	Manchaca Survey, A-334;
24413	24413	THENCE, southeasterly along the west line of said Manchaca
24414	24414	Survey and along the east line of the E. Escamea Survey, A-690, to
24415	24415	the southeast corner of said Escamea Survey;
24416	24416	THENCE, easterly along the northeast line of the W. H. Crain
24417	24417	Survey, A-637 (T. & N. 0. R. R. Survey #10) to the most northerly
24418	24418	east corner of said Crain Survey on the north line of the T. J.
24419	24419	Thigpen Survey, A-614;
24420	24420	THENCE, southwesterly along said north line of the Thigpen
24421	24421	Survey to its west or northwest corner;
24422	24422	THENCE, southeasterly along the west line of said Thigpen
24423	24423	Survey to an intermediate east corner of said W. H. Crain Survey;
24424	24424	THENCE, southerly along the east line of said Crain Survey to
24425	24425	its southeast corner;
24426	24426	THENCE, westerly along the south line of said Crain Survey to
24427	24427	the northeast corner of the T. & N. 0. Railroad Survey No. 11;
24428	24428	THENCE, southerly along the east line of said T. & N. 0.
24429	24429	Survey No. 11 to its intersection with the DeWitt-Victoria County
24430	24430	line;
24431	24431	THENCE, in a westerly or southwesterly direction along the
24432	24432	said DeWitt-Victoria County line to the most southerly corner of
24433	24433	DeWitt County on the north bank of the Fifteen Mile Colletto Creek,
24434	24434	the PLACE OF BEGINNING.
24435	24435	[The Legislature hereby finds that the foregoing boundaries
24436	24436	and field notes of said District form a closure, and, if any mistake
24437	24437	is made in copying the field notes in the legislative process, such
24438	24438	mistake shall not affect the organization, existence or validity of
24439	24439	the District or its right to issue bonds or refunding bonds, and the
24440	24440	right to assess, levy and collect taxes, or in any other manner
24441	24441	affect the legality or operation of the District.]
24442	24442	SECTION 2.02. Section 2a, Chapter 477, Acts of the 59th
24443	24443	Legislature, Regular Session, 1965, is amended to read as follows:
24444	24444	Sec. 2a. The boundaries of the Muenster Hospital District
24445	24445	are [may be changed so as to include the territory located in Cooke
24446	24446	County, Texas, described below, and if such change in boundaries is
24447	24447	effected, the District as enlarged shall assume and be obligated to
24448	24448	pay all indebtedness of the District as the same exists prior to
24449	24449	such expansion of boundaries within the taxing limit approved at
24450	24450	the election for which provision is hereafter made, and the
24451	24451	District shall continue to have the same duties and
24452	24452	responsibilities, over its extended boundaries, as now imposed,
24453	24453	except as modified by this Act. The territory which may be added to
24454	24454	the District is described as follows:
24455	24455	[FIELD NOTES TO THE ADDITION TO MUENSTER HOSPITAL DISTRICT
24456	24456	[Being an irregular shaped district or area of land that is
24457	24457	situated in the Southwest part of Cooke County, Texas, with the West
24458	24458	and South boundary lines of said district being common with the West
24459	24459	and South lines of said Cooke County and being more particularly
24460	24460	described by bounds as follows:
24461	24461	["Beginning at the Southwest corner of Cooke County, Texas;
24462	24462	[Thence East, with the South line of said Cooke County to the
24463	24463	intersection of said county line with the West line of the C. De
24464	24464	Morse Survey, Abstract No. 305;
24465	24465	[Thence North, with the West line of said C. De Morse Survey
24466	24466	to the intersection of said Survey line with the South boundary line
24467	24467	of the H. Lindsley 51 acre tract of land;
24468	24468	[Thence East, with the South boundary line of said H.
24469	24469	Lindsley 51 acre tract, passing the Southeast corner of said tract
24470	24470	and continuing East to a point due South of the South or Southeast
24471	24471	corner of the W. E. Fortenberry 67.5 acre tract of land;
24472	24472	[Thence North, along a line, passing the South or Southeast
24473	24473	corner of said Fortenberry 67.5 acre tract and continuing North,
24474	24474	now with the East line of said 67.5 acre tract to its Northeast
24475	24475	corner on the North line of said C. De Morse Survey, common with the
24476	24476	South line of the W. M. Phelps Survey, Abstract No. 821;
24477	24477	[Thence East, with the South line of said W. M. Phelps Survey
24478	24478	to its Southeast corner being common with the Southwest corner of
24479	24479	the J. Harrison Survey, Abstract No. 125;
24480	24480	[Thence North, with the West line of said J. Harrison Survey,
24481	24481	Abstract No. 125, passing the Northwest corner of said Harrison
24482	24482	Survey and continuing North to a point in the South line of the P. P.
24483	24483	Cady Survey, Abstract No. 1239;
24484	24484	[Thence East, with the South line of said P. P. Cady Survey,
24485	24485	passing the Southeast corner of said Survey and continuing East to
24486	24486	the center of the Sam Seagraves Road;
24487	24487	[Thence North, with the center of said Sam Seagraves Road to a
24488	24488	point in the South line of the J. W. Dihill Survey, Abstract No.
24489	24489	1049;
24490	24490	[Thence West, with the South line of said Dihill Survey being
24491	24491	common with the North lines of the D. M. Gray Survey, Abstract No.
24492	24492	415 and the M. Sowder Survey, Abstract No. 1579, to the Northwest
24493	24493	corner of said Sowder Survey;
24494	24494	[Thence South, with the West line of said M. Sowder Survey, to
24495	24495	the Northeast corner of the P. P. Cady Survey, Abstract No. 1239;
24496	24496	[Thence West, with the North lines of said P. P. Cady Survey
24497	24497	and W. M. Phelps Survey, Abstract No. 821, to the most
24498	24498	Northerly-Northwest corner of said Phelps Survey on the East line
24499	24499	of the W. F. Evans Survey, Abstract No. 347;
24500	24500	[Thence North, with the East line of said W. F. Evans Survey,
24501	24501	to the Southerly-Northeast corner of said Survey, being common with
24502	24502	an inner corner to the P. O. Pittman Survey, Abstract No. 1211;
24503	24503	[Thence West, continuing with the East line of said W. F.
24504	24504	Evans Survey, in a jog to the West, to the inner corner to said Evans
24505	24505	Survey, being common with the Westerly-Southwest corner of said P.
24506	24506	O. Pittman Survey, Abstract No. 1211;
24507	24507	[Thence North, continuing with the East line of said W. F.
24508	24508	Evans Survey, to its Northerly-Northeast corner;
24509	24509	[Thence West, with the North line of said W. F. Evans Survey,
24510	24510	to its Northwest corner;
24511	24511	[Thence South, with the West line of said W. F. Evans Survey,
24512	24512	to the most Northerly-Northeast corner of the S. A. & M. G. R. R. Co.
24513	24513	Survey, Abstract No. 1218;
24514	24514	[Thence West, with the North line of said S. A. & M. G. R. R.
24515	24515	Co. Survey, to the Northwest corner of said Survey being common with
24516	24516	the Southwest corner of the I & G. N. R. R. Co. Survey, Abstract No.
24517	24517	1265;
24518	24518	[Thence North, with the West lines of the I & G. N. R. R. Co.
24519	24519	Survey, Abstract No. 1265, the I. W. Emory Survey, Abstract No. 1700
24520	24520	and the J. W. Francis Survey, Abstract No. 375, to the Northwest
24521	24521	corner of said J. W. Francis Survey, common with the Northeast
24522	24522	corner of the S. P. R. R. Co. Survey, Abstract No. 983 on the South
24523	24523	line of the L. Finley Survey, Abstract No. 378;
24524	24524	[Thence East, with the division line between said L. Finley
24525	24525	and J. W. Francis Surveys, to the Southeast corner of said L. Finley
24526	24526	Survey;
24527	24527	[Thence North, with the East line of said L. Finley Survey to
24528	24528	its Northeast corner on the South line of the L. A. English Survey,
24529	24529	Abstract No. 1568;
24530	24530	[Thence West, with the South line of said L. A. English
24531	24531	Survey, common with the South boundary line of the F. W. Fishcer
24532	24532	tract of land, to the Southwest corner of said Fishcer tract;
24533	24533	[Thence North, with the West boundary line of said F. W.
24534	24534	Fishcer tract of land, to a point in the center of Farm to Market
24535	24535	Highway No. 922;
24536	24536	[Thence East, with the center of said Farm to Market Highway
24537	24537	No. 922, to the Northeast corner of the J. Hagerty Survey, Abstract
24538	24538	No. 508;
24539	24539	[Thence South, with the East line of said J. Hagerty Survey,
24540	24540	to its Southeast corner on the North line of the E. Southward
24541	24541	Survey, Abstract No. 927;
24542	24542	[Thence West, with the division line between said J. Hagerty
24543	24543	and E. Southward Surveys, to the Northwest corner of said E.
24544	24544	Southward Survey;
24545	24545	[Thence South, with the West line of said E. Southward Survey
24546	24546	to its Southwest corner;
24547	24547	[Thence East, with the South line of said E. Southward
24548	24548	Survey, to a point in the center of the Sam Seagraves Road;
24549	24549	[Thence North, with the center of said Sam Seagraves Road, to
24550	24550	the intersection of said Road with the center of Farm to Market
24551	24551	Highway No. 922;
24552	24552	[Thence East, with the center of said Farm to Market Highway
24553	24553	No. 922, to the intersection of said Highway with the center of the
24554	24554	Arthur Reese Road;
24555	24555	[Thence North, with the center of said Arthur Reese Road, to
24556	24556	the intersection of said Road with the center of Farm to Market
24557	24557	Highway No. 1630;
24558	24558	[Thence in a Northeasterly direction, with the center of said
24559	24559	Farm to Market Highway No. 1630 to the intersection of said Highway
24560	24560	with the center of the J. T. Biffle Road;
24561	24561	[Thence North, with the meandering of said J. T. Biffle Road
24562	24562	to the Southwest corner of the H. Felderhoff 160 acre tract that is
24563	24563	situated in the W. Thomas Survey, Abstract No. 1025 and continuing
24564	24564	North, now with the West boundary line of said H. Felderhoff 160
24565	24565	acre tract to the Northwest corner of said 160 acre tract on the
24566	24566	North line of said W. Thomas Survey;
24567	24567	[Thence East, with the North line of said W. Thomas Survey to
24568	24568	its Northeast corner on the West line of the R. E. Shannon Survey,
24569	24569	Abstract No. 963;
24570	24570	[Thence North, with the West line of said R. E. Shannon Survey
24571	24571	to its Northwest corner;
24572	24572	[Thence East, with the North line of said R. E. Shannon Survey
24573	24573	to its Northeast corner, being common with the Southwest corner of
24574	24574	the A. H. Van Slyke Survey, Abstract No. 1076;
24575	24575	[Thence North, with the West line of said A. H. Van Slyke
24576	24576	Survey to the center of the abandoned M. K. & T. R. R. Co.
24577	24577	Right-of-way;
24578	24578	[Thence in a Westerly direction with the center of the
24579	24579	abandoned M. K. & T. R. R. Co. Right-of-way to the West line of the
24580	24580	A. J. Miller Survey, Abstract No. 635;
24581	24581	[Thence North, with the West line of said A. J. Miller Survey
24582	24582	to its Northwest corner on the South line of the M. University
24583	24583	Survey, Abstract No. 619;
24584	24584	[Thence West, with the South line of said M. University
24585	24585	Survey to its Southwest corner on the East line of the John Barnett
24586	24586	Survey, Abstract No. 42;
24587	24587	[Thence North, with the East line of said John Barnett Survey
24588	24588	to its Northeast corner;
24589	24589	[Thence West with the North line of said Barnett Survey, 4043
24590	24590	varas to the Northwest corner of Sub. No. 5 made by Gunter and
24591	24591	Welleslet as shown by plat in the County Clerk's Office of Cooke
24592	24592	County, Texas;
24593	24593	[Thence South along the West boundary lines of Sub's Nos. 5,
24594	24594	13, and 21 made by said Gunter and Welleslet, 3315 varas to the
24595	24595	Southwest corner of said Sub. No. 21 on the South line of said John
24596	24596	Barnett Survey;
24597	24597	[Thence West on the South line of said Barnett Survey, 404
24598	24598	varas to the Northwest corner of 153 acre tract out of the Wm.
24599	24599	Slingland Survey, Abstract No. 897 conveyed to John Knauff by deed
24600	24600	recorded in Book 76 page 328 of the Cooke County Deed Records, (now
24601	24601	owned by Wm. Henschied);
24602	24602	[Thence South 1200 varas to the Southwest corner of said
24603	24603	Knauff (or Henschied) 153 acre tract, to the corner on the East line
24604	24604	of the Reuben R. Brown Survey, and West line of the Wm. Slingland
24605	24605	Survey;
24606	24606	[Thence West through and across said Reuben R. Brown Survey,
24607	24607	1900 varas to the West line of said Survey and the East line of the
24608	24608	D. H. Campbell Survey, Abstract No. 196;
24609	24609	[Thence South with the West line of the Reuben R. Brown
24610	24610	Survey, 370 varas to the Northwest corner of the Cyrus Underwood
24611	24611	Survey, Abstract No. 1072;
24612	24612	[Thence South with its West line, passing its Southwest
24613	24613	corner and continue South to the Southeast corner of the Cooke
24614	24614	County School Land Survey, Abstract No. 1188, which is also an inner
24615	24615	corner of the J. L. Townsley Survey, Abstract No. 1551;
24616	24616	[Thence West to the Northwest corner of said Townsley Survey,
24617	24617	on the South line of said Cooke County School Land Survey, Abstract
24618	24618	No. 1188;
24619	24619	[Thence South to the Southwest corner of said Townsley
24620	24620	Survey, on the North line of the BBB & CRR Co. Survey, Abstract No.
24621	24621	146;
24622	24622	[Thence East with the Northbound line of said BBB & CRR Co.
24623	24623	Survey, to a point 950 varas East of the Northwest corner of same;
24624	24624	[Thence South 1900 varas to the South line of said BBB & CRR
24625	24625	Co. Survey to the center of the Gainesville and Forestburg Road same
24626	24626	being Farm to Market Highway No. 1630;
24627	24627	[Thence Westerly with said road to the Northeast corner of
24628	24628	the R. L. Hickox 100 acre tract out of the Northwest corner of the
24629	24629	Thomas Toby Survey, Abstract No. 1062;
24630	24630	[Thence South with the East line of said Hickox 100 acre
24631	24631	tract, continuing South with the East line of the B. J. Mitchell 208
24632	24632	acre tract out of said Toby Survey to the South line of said Toby
24633	24633	Survey;
24634	24634	[Thence West with the South line of said Toby Survey to the
24635	24635	Northeast corner of the BBB & CRR Co. Survey, Abstract No. 147;
24636	24636	[Thence South with the East line of said BBB & CRR Co. Survey
24637	24637	to the Southeast corner of the B. J. Mitchell 206 acre tract out of
24638	24638	said BBB & CRR Co. Survey;
24639	24639	[Thence West with the South boundary line of said Mitchell
24640	24640	206 acre tract to the West line of said BBB & CRR Co. Survey,
24641	24641	Abstract No. 147;
24642	24642	[Thence South with the West line of said BBB & CRR Co. Survey
24643	24643	to the Southeast corner of the John Stump Survey, Abstract No. 1497;
24644	24644	[Thence West with the South line of said Stump Survey,
24645	24645	continuing West with the South line of the A. Stutzman Survey,
24646	24646	Abstract No. 1444 to the Southwest corner of the said Stutzman
24647	24647	Survey, same being the Southeast corner of the BBB & CRR Co. Survey,
24648	24648	Abstract No. 150;
24649	24649	[Thence West with the South line of said BBB & CRR Co. Survey,
24650	24650	Abstract No. 150 to the Northwest corner of the J. M. Williamson
24651	24651	Survey, Abstract No. 1107, said corner being a corner of the Felty
24652	24652	282 acre tract;
24653	24653	[Thence in a Southwesterly direction following the West line
24654	24654	of the said 282 acre tract conveyed by J. A. Felty to R. M. Felty by
24655	24655	deed recorded in Book 118, page 343 of Cooke County Deed Records to
24656	24656	Williams Creek;
24657	24657	[Thence down Williams Creek to the South line of Charles
24658	24658	Lockhart Survey, Abstract No. 606;
24659	24659	[Thence West with the South line of said Lockhart Survey to
24660	24660	its Southwest corner;
24661	24661	[Thence North with the West line of said Lockhart Survey to
24662	24662	its Northwest corner on the South line of the J. J. Arocha Survey,
24663	24663	Abstract No. 22;
24664	24664	[Thence West on the South line of said Arocha Survey to its
24665	24665	Southwest corner;
24666	24666	[Thence North with the West line of said Arocha Survey to its
24667	24667	Northwest corner on the South line of the BBB & CRR Co. Survey,
24668	24668	Abstract No. 150;
24669	24669	[Thence West with the South line of said BBB & CRR Co. Survey,
24670	24670	passing its Southwest corner and continuing West with the South
24671	24671	line of the J. M. Culp Survey, Abstract No. 1350 to the Southwest
24672	24672	corner of said Culp Survey;
24673	24673	[Thence North with the West line of said Culp Survey to a
24674	24674	point due East of the Southeast corner of the J. A. Moore Survey,
24675	24675	Abstract No. 759;
24676	24676	[Thence West passing the Southeast corner of said Moore
24677	24677	Survey, continuing West with the South line of said Moore Survey to
24678	24678	the Northwest corner of I. & G. N. R. R. Co. Survey, Abstract No.
24679	24679	1264;
24680	24680	[Thence South to its Southwest corner, which is common with
24681	24681	the Southeast corner of the D. W. Donnel Survey, Abstract No. 1477;
24682	24682	[Thence West with the South line of said Donnel Survey to its
24683	24683	Southwest corner on the East line of the S. P. R. R. Co. Survey,
24684	24684	Abstract No. 984;
24685	24685	[Thence Southeasterly with the Northeast line of said S. P.
24686	24686	R. R. Co. Survey, Abstract No. 984 to the Southeast corner of said
24687	24687	Survey;
24688	24688	[Thence in a Southwesterly direction with the South line of
24689	24689	said SPRR Co. Survey to the extreme Southeast corner of the T. B.
24690	24690	Settle tract out of said SPRR Co. Survey;
24691	24691	[Thence in a Northwesterly direction with the East line of
24692	24692	the Settles tract to the Southern Northeast corner of said tract;
24693	24693	[Thence in a Southwesterly direction with Settles line to his
24694	24694	ell corner, passing this corner and continuing Southwesterly to the
24695	24695	Southwest line of said SPRR Co. Survey, which is also the Northeast
24696	24696	line of the Jacob Wilcox Survey, Abstract No. 1162;
24697	24697	[Thence in a Northwesterly direction with said SPRR Co.
24698	24698	Survey Southwestern line to the Southeast corner of the L. A.
24699	24699	Wineblood 80 acre tract out of the Jacob Wilcox Survey, Abstract No.
24700	24700	1162;
24701	24701	[Thence Southwesterly with the South boundary line of said
24702	24702	Wineblood 80 acres to its Southwest corner, said corner being the
24703	24703	Southeast corner of the T. B. Settles 80 acre tract out of the said
24704	24704	Jacob Wilcox Survey;
24705	24705	[Thence Northwesterly with the East boundary line of said
24706	24706	Settles 80 acre tract to the South boundary line of the E. M.
24707	24707	Roberson 150 acre tract out of the said Jacob Wilcox Survey;
24708	24708	[Thence Southwesterly with the South boundary line of said
24709	24709	Roberson 150 acres to its Southwest corner on the Southwestern line
24710	24710	of said Wilcox Survey;
24711	24711	[Thence Northwesterly with said Southwestern line to the
24712	24712	Northwest corner of the said Wilcox Survey, an ell corner of the
24713	24713	John Deck Survey, Abstract No. 298, said corner being on the
24714	24714	Southeast boundary line of the Huchton 271 acres out of said Deck
24715	24715	Survey;
24716	24716	[Thence Southwesterly with said Southeastern boundary line
24717	24717	of said Huchton tract to the county line between Cooke and Montague
24718	24718	Counties;
24719	24719	[Thence South, with the county line between Cooke and
24720	24720	Montague Counties to the Southwest corner of said Cooke County, to
24721	24721	the Place of Beginning."
24722	24722	[In the event the change in boundaries of said District is
24723	24723	approved at an election as hereinafter provided, the boundaries of
24724	24724	the Muenster Hospital District shall be] as follows:
24725	24725	FIELD NOTES TO THE MUENSTER HOSPITAL DISTRICT (EXPANDED)
24726	24726	Being an irregular shaped district or area of land that is
24727	24727	situated in the West part of Cooke County, Texas, with the South,
24728	24728	West and North boundaries being common with the South, West and
24729	24729	North lines of said Cooke County and being more particularly
24730	24730	described by bounds as follows:
24731	24731	Beginning at the Southwest corner of Cooke County, Texas;
24732	24732	Thence North, with the county line between Cooke and Montague
24733	24733	Counties to the Northwest corner of said Cooke County on the South
24734	24734	cut bank of Red River, common with the boundary line between Texas
24735	24735	and Oklahoma;
24736	24736	Thence East and Northeast with the meanderings of Red River
24737	24737	to a point due North of the Northeast corner of the W. H. Nordman
24738	24738	Survey, Abstract No. 1306;
24739	24739	Thence South to said corner of the Nordman Survey;
24740	24740	Thence South with the East line of said Nordman Survey to the
24741	24741	Northwest corner of the BBB & CRR Co. Survey, Abstract No. 139;
24742	24742	Thence East with the North line of said BBB & CRR Co. Survey
24743	24743	to its Northeast corner;
24744	24744	Thence South with the East line of said BBB & CRR Co. Survey
24745	24745	and West boundary line of a 260 acre tract out of the H. T. & BRR Co.
24746	24746	Survey, Abstract No. 498 conveyed to T. A. Galbrath by J. A.
24747	24747	Cunningham by deed dated August 18, 1910 and recorded in Volume 105,
24748	24748	page 534, Cooke County Deed Records, to the most Southerly
24749	24749	Southwest corner of said Galbrath 260 acre tract;
24750	24750	Thence East with the South line of said Galbrath 260 acre
24751	24751	tract to its Southeast corner on the West boundary line of the J. D.
24752	24752	Burch Survey, Abstract No. 1723;
24753	24753	Thence South with the West line of said Burch Survey to the
24754	24754	Southwest corner thereof;
24755	24755	Thence East with the South line of said Burch Survey to the
24756	24756	Northwest corner of the Lewis Knight Survey, Abstract No. 548;
24757	24757	Thence South with the West line of said Knight Survey to its
24758	24758	Southwest corner;
24759	24759	Thence East with the South line of said Knight Survey to the
24760	24760	Northwest corner of the J. D. Sharum Survey, Abstract No. 960;
24761	24761	Thence South with the West line of said Sharum Survey to its
24762	24762	Southwest corner;
24763	24763	Thence East to the Northeast corner of the Jacob Long Survey,
24764	24764	Abstract No. 583;
24765	24765	Thence South with the East line of said Jacob Long Survey,
24766	24766	Abstract No. 583, and the West line of the Jacob Long Survey,
24767	24767	Abstract No. 582 to the Southwest corner of said Jacob Long Survey,
24768	24768	Abstract No. 582;
24769	24769	Thence East and South with the boundary line to the Southeast
24770	24770	corner of said Jacob Long Survey, Abstract No. 582, this being on
24771	24771	the West line of D. Martin Survey, Abstract No. 653;
24772	24772	Thence South and East with this boundary line of the said
24773	24773	Martin Survey to the Northwest corner of the I. N. Brookfield
24774	24774	Survey, Abstract No. 1714;
24775	24775	Thence East with the North line of said Brookfield Survey to
24776	24776	the North Northeast corner of said Brookfield Survey on the West
24777	24777	line of the Wm. Martin Survey, Abstract No. 686;
24778	24778	Thence South to the Southwest corner of said Wm. Martin
24779	24779	Survey;
24780	24780	Thence East with the South line of said Martin Survey to its
24781	24781	Southeast corner on the North line of the J. E. Gilliam Survey,
24782	24782	Abstract No. 1486, same being an ell corner of said Gilliam Survey;
24783	24783	Thence North to the North Northwest corner of said Gilliam
24784	24784	Survey;
24785	24785	Thence East to the Northeast corner of said Gilliam Survey,
24786	24786	which is also the Northwest corner of the A. C. Miller Survey,
24787	24787	Abstract No. 1717, continuing East with the North line of said
24788	24788	Miller Survey to its Northeast corner on the West line of the Hiram
24789	24789	Sadler Survey, Abstract No. 901;
24790	24790	Thence North with the West line of said Sadler Survey to its
24791	24791	Northwest corner;
24792	24792	Thence East with the North line of said Sadler Survey to the
24793	24793	Northeast corner of the C. E. Marshall 100 acre tract out of the
24794	24794	Northwest corner of said Sadler Survey;
24795	24795	Thence South with the East line of said 100 acre tract to the
24796	24796	Northeast corner of the C. E. Marshall 435 acre tract out of said
24797	24797	Sadler Survey;
24798	24798	Thence continuing South with the East line of said 435 acre
24799	24799	tract to an inner corner thereof;
24800	24800	Thence East to the Southern Northeast corner of said 435 acre
24801	24801	tract;
24802	24802	Thence South with the East line of the 435 acre tract to its
24803	24803	Southeast corner;
24804	24804	Thence West with the South line of said 435 acres to the
24805	24805	Northeast corner of Lot No. 32 out of said Sadler Survey, which is
24806	24806	also the Northwest corner of Lot No. 33 out of said Survey;
24807	24807	Thence South with the West line of said Lot No. 33 to its
24808	24808	Southwest corner on the North line of Lot No. 29 out of said Survey;
24809	24809	Thence East with the North line of Lot No. 29 to its Northeast
24810	24810	Corner, which is also the Northwest corner of Lot No. 28;
24811	24811	Thence South with the West lines of Lots Nos. 28, 13 and 8 to
24812	24812	the Southwest corner of Lot No. 8 on the South line of said Sadler
24813	24813	Survey;
24814	24814	Thence East with the South line of Lot No. 8, passing its
24815	24815	Southeast corner, which is also the Southwest corner of Lot No. 7
24816	24816	out of said Sadler Survey, continuing East with the South line of
24817	24817	said Lot No. 7, to the Northeast corner of the SA & MGRR Co. Survey,
24818	24818	Abstract No. 974, on the South line of said Sadler Survey;
24819	24819	Thence South with the East line of said SA & MGRR Co. Survey
24820	24820	to its extreme Southeast corner on the East line of the B. C. Bagby
24821	24821	Survey, Abstract No. 82;
24822	24822	Thence South 10 degrees East with the East line of said Bagby
24823	24823	Survey to its Southeast corner, which corner is also the North
24824	24824	Northeast corner of the R. F. Millard Survey, Abstract No. 643 and
24825	24825	being common with the Northeast corner of the W. L. Parker 155 acre
24826	24826	tract;
24827	24827	Thence South to the ell corner of said Millard Survey, on the
24828	24828	East boundary line of said Parker 155 acre tract;
24829	24829	Thence continuing South with the East line of said 155 acre
24830	24830	tract to its Southeast corner;
24831	24831	Thence in a Southwesterly direction with the South line of
24832	24832	said 155 acre tract to the Northeast corner of the M. Charo Survey,
24833	24833	Abstract No. 214;
24834	24834	Thence in a Southeasterly direction with the East line of
24835	24835	said Charo Survey to its Southeast corner, which is also the
24836	24836	Northeast corner of the P. Fleming Survey, Abstract No. 386;
24837	24837	Thence in a Southwesterly direction with the North line of
24838	24838	said Fleming Survey to its Northwest corner on the East line of the
24839	24839	T. R. Gossett Survey, Abstract No. 416;
24840	24840	Thence North with the East line of said Gossett Survey to the
24841	24841	Northeast corner of the 105 acre tract sold by W. Kemplin to Tony
24842	24842	Voth, by deed recorded in Book 325, page 556 of Cooke County Deed
24843	24843	Records;
24844	24844	Thence West with the North line of said 105 acre tract to its
24845	24845	Northwest corner on the West line of said Gossett Survey;
24846	24846	Thence South with the West line of said Gossett Survey to its
24847	24847	Southwest corner, said corner being the Northwest corner of the O.
24848	24848	F. Leverett Survey, Abstract No. 563, and the Northeast corner of
24849	24849	the Kuykendall Survey, Abstract No. 560, continuing South with the
24850	24850	East line of said Kuykendall Survey to the Northeast corner of the
24851	24851	100 acre tract out of said Kuykendall Survey conveyed by J. C.
24852	24852	Hemphill and wife to George E. Hemphill by deed recorded in Book 66,
24853	24853	page 113 of Cooke County Deed Records, (which said 100 acres is now
24854	24854	owned by Mike Fuhrmann);
24855	24855	Thence West with the North line of said 100 acre tract to the
24856	24856	Northwest corner of said 100 acres, same being the Northeast corner
24857	24857	of the 83 acres conveyed by Christine Roewe to Jos. Fleitman, by
24858	24858	deed recorded in Book 254, page 495 of the Cooke County Deed
24859	24859	Records;
24860	24860	Thence South with the West line of said Fuhrmann 100 acres to
24861	24861	its Southwest corner on the South line of said Kuykendall Survey;
24862	24862	Thence West with the South line of said Kuykendall Survey to
24863	24863	the Northwest corner of the J. B. Trenary Survey, Abstract No. 1043;
24864	24864	Thence South with the West line of said Trenary Survey,
24865	24865	continuing South with the West line of the A. Smith Survey, Abstract
24866	24866	No. 903 to its Southwest corner;
24867	24867	Thence South to the Southwest corner of 218.32 acre tract out
24868	24868	of C. Jessup Survey, Abstract No. 522, same being that conveyed to
24869	24869	Ray Kupper from W. H. Campbell, recorded in Volume 443, page 570 of
24870	24870	Cooke County Deed Records;
24871	24871	Thence due East across the C. Jessup Survey, Abstract No. 522
24872	24872	to the West boundary line of M. Alexander Survey, Abstract No. 6;
24873	24873	Thence South with the West line of said Alexander Survey to
24874	24874	its Southwest corner which is also the Southeast corner of the J. Y.
24875	24875	Wadlington Survey, Abstract No. 1282;
24876	24876	Thence West with the South line of said Wadlington Survey to
24877	24877	the Northeast boundary line of the H. Jennings Survey, Abstract No.
24878	24878	531;
24879	24879	Thence Southeasterly with said Northeast line of said H.
24880	24880	Jennings Survey to its Southeast corner;
24881	24881	Thence West on the North line of the A. Van Slyke Survey,
24882	24882	Abstract No. 1076, continuing West with the North line of the A. Van
24883	24883	Slyke Survey, Abstract No. 1075 and the North line of the Marshall
24884	24884	University Survey, Abstract No. 620 to the Southwest corner of said
24885	24885	H. Jennings Survey, said corner being also the Southeast corner of
24886	24886	the J. Jennings Survey, Abstract No. 530;
24887	24887	Thence North 45 degrees West 1967 varas to the Northwest
24888	24888	corner of the J. J. Tomlinson Survey, Abstract No. 1009, said corner
24889	24889	being the Northeast corner of the G. E. N. Ball Survey, Abstract No.
24890	24890	1649;
24891	24891	Thence South 45 degrees West with the North line of said Ball
24892	24892	Survey to the Southeast corner of the H. Ritchey Survey, Abstract
24893	24893	No. 845, said corner being the Southwest corner of the William
24894	24894	Thomas Survey, Abstract No. 1024;
24895	24895	Thence North 45 degrees West with the West line of said Thomas
24896	24896	Survey to its Northwest corner, said corner being due East of the
24897	24897	Southeast corner of the O. F. Leverett Survey, Abstract No. 607 and
24898	24898	the Northeast corner of the John Barnett Survey, Abstract No. 42;
24899	24899	Thence due West to the Northeast corner of the John Barnett
24900	24900	Survey, Abstract No. 42;
24901	24901	Thence South, with the East line of said John Barnett Survey
24902	24902	to the Southwest corner of the M. University Survey, Abstract No.
24903	24903	619;
24904	24904	Thence East, with the South line of said M. University
24905	24905	Survey, to the Northwest corner of the A. J. Miller Survey, Abstract
24906	24906	No. 635;
24907	24907	Thence South, with the West line of said A. J. Miller Survey
24908	24908	to the center of the abandoned M. K. & T. R. R. Co. Right-of-way;
24909	24909	Thence in an Easterly direction with the center of the
24910	24910	abandoned M. K. & T. R. R. Co. Right-of-way, to the West line of the
24911	24911	A. H. Van Slyke Survey, Abstract No. 1076;
24912	24912	Thence South, with the West line of said A. H. Van Slyke
24913	24913	Survey to its Southwest corner, being common with the Northeast
24914	24914	corner of the R. E. Shannon Survey, Abstract No. 963;
24915	24915	Thence West, with the North line of said R. E. Shannon Survey
24916	24916	to its Northwest corner;
24917	24917	Thence South, with the West line of said R. E. Shannon Survey
24918	24918	to the Northeast corner of the W. Thomas Survey, Abstract No. 1025;
24919	24919	Thence West, with the North line of said W. Thomas Survey,
24920	24920	common with the North boundary line of the H. Felderhoff 160 acre
24921	24921	tract of land, to the Northwest corner of said 160 acre tract;
24922	24922	Thence South, with the West line of said H. Felderhoff 160
24923	24923	acre tract to its Southwest corner and continuing South, now with
24924	24924	the meandering of the center of the J. T. Biffle Road to the
24925	24925	intersection of said road with the center of Farm to Market Highway
24926	24926	No. 1630;
24927	24927	Thence Southeasterly, with the center of said Farm to Market
24928	24928	Highway No. 1630, to the intersection of said Highway with the
24929	24929	center of the Arthur Reese Road;
24930	24930	Thence South, with the center of the Arthur Reese Road to the
24931	24931	intersection of said Road with the center of Farm to Market Highway
24932	24932	No. 922;
24933	24933	Thence West, with the center of said Farm to Market Highway
24934	24934	No. 922, to the intersection of said Highway with the center of the
24935	24935	Sam Seagraves Road;
24936	24936	Thence South, with the center of said Sam Seagraves Road, to
24937	24937	the Southeast corner of the E. Southward Survey, Abstract No. 927;
24938	24938	Thence West, with the South line of said E. Southward Survey
24939	24939	to its Southwest corner;
24940	24940	Thence North, with the West line of said E. Southward Survey
24941	24941	to its Northwest corner on the South line of the J. Hagerty Survey,
24942	24942	Abstract No. 508;
24943	24943	Thence East, with the South line of said J. Hagerty Survey to
24944	24944	its Southeast corner;
24945	24945	Thence North, with the East line of said J. Hagerty Survey, to
24946	24946	a point in the center of Farm to Market Highway No. 922;
24947	24947	Thence West, with the center of Farm to Market Highway No.
24948	24948	922, to the Northwest corner of the F. W. Fishcer tract of land;
24949	24949	Thence South, with the West boundary line of said F. W.
24950	24950	Fishcer tract of land to its Southwest corner on the South line of
24951	24951	the L. A. English Survey, Abstract No. 1568;
24952	24952	Thence East, with the South line of said L. A. English Survey,
24953	24953	to the Northeast corner of the L. Finley Survey, Abstract No. 378;
24954	24954	Thence South, with the East line of said L. Finley Survey to
24955	24955	its Southeast corner on the North line of the J. W. Francis Survey,
24956	24956	Abstract No. 375;
24957	24957	Thence West, with the North line of said J. W. Francis Survey
24958	24958	to its Northwest corner, being common with the Northeast corner of
24959	24959	the S. P. R. R. Co. Survey, Abstract No. 983;
24960	24960	Thence South, with the East lines of said S. P. R. R. Co. and
24961	24961	M. Vance Surveys, Abstract No. 1077, to the Southwest corner of the
24962	24962	I. & G. N. R. R. Co. Survey, Abstract No. 1265;
24963	24963	Thence East, with the South line of said I. & G. N. R. R. Co.
24964	24964	Survey, Abstract No. 1265, to its Southeast corner on the West line
24965	24965	of the W. F. Evans Survey, Abstract No. 347;
24966	24966	Thence North, with the West line of said W. F. Evans Survey to
24967	24967	its Northwest corner;
24968	24968	Thence East, with the North line of said W. F. Evans Survey to
24969	24969	its Northeast corner;
24970	24970	Thence South, with the East line of said W. F. Evans Survey to
24971	24971	an inner corner to said Survey, being common with the most Westerly
24972	24972	Southwest corner of the P. O. Pittman Survey, Abstract No. 1211;
24973	24973	Thence East, with the division line between said W. F. Evans
24974	24974	and P. O. Pittman Surveys, to an inner corner of said Pittman
24975	24975	Survey;
24976	24976	Thence South, continuing with the South line of said P. O.
24977	24977	Pittman Survey, in a jog to the South, to the most
24978	24978	Northerly-Northwest corner of the W. M. Phelps Survey, Abstract No.
24979	24979	821;
24980	24980	Thence East, with the North lines of the W. M. Phelps and P.
24981	24981	P. Cady Surveys, to the Northeast corner of said P. P. Cady Survey,
24982	24982	Abstract No. 1239, on the West line of the M. Sowder Survey,
24983	24983	Abstract No. 1579;
24984	24984	Thence North, with the West line of said M. Sowder Survey to
24985	24985	its Northwest corner;
24986	24986	Thence East, with the North line of said M. Sowder Survey, to
24987	24987	a point in the center of the Sam Seagraves Road;
24988	24988	Thence South, with the center of the Sam Seagraves Road, to a
24989	24989	point due East of the Southeast corner of the P. P. Cady Survey,
24990	24990	Abstract No. 1239;
24991	24991	Thence West, along a line crossing the M. Sowder Survey,
24992	24992	Abstract No. 1579, passing the Southeast corner of said P. P. Cady
24993	24993	Survey and continuing West, now with the South line of said Cady
24994	24994	Survey, to the most Easterly-Northeast corner of the W. M. Phelps
24995	24995	Survey, Abstract No. 821;
24996	24996	Thence South, with the East line of said W. M. Phelps Survey
24997	24997	to its Southeast corner on the North line of the C. De Morse Survey,
24998	24998	Abstract No. 305;
24999	24999	Thence West, with the North line of said C. De Morse Survey,
25000	25000	to the Northeast corner of the W. E. Fortenberry 67.5 acre tract of
25001	25001	land;
25002	25002	Thence South, with the East boundary line of said W. E.
25003	25003	Fortenberry 67.5 acre tract and continuing South to a point due East
25004	25004	of the Southeast corner of the H. Lindsley 51 acre tract of land;
25005	25005	Thence West, passing the Southeast corner of said H. Lindsley
25006	25006	51 acre tract of land and continuing West, now with the South line
25007	25007	of said 51 acre tract to its intersection with the West line of the
25008	25008	C. De Morse Survey, Abstract No. 305;
25009	25009	Thence South, with the West line of said C. De Morse Survey,
25010	25010	to the intersection of said survey line with the county line between
25011	25011	Cooke and Denton Counties;
25012	25012	Thence West, with said county line between Cooke and Denton
25013	25013	Counties, passing the Northwest corner of said Denton County and
25014	25014	continuing West, now with the county line between Cooke and Wise
25015	25015	Counties to the Southwest corner of said Cooke County, to the Place
25016	25016	of Beginning.
25017	25017	[The change in the boundaries of the Muenster Hospital
25018	25018	District, as herein permitted, shall not be effective unless and
25019	25019	until such change is approved by a majority of the qualified
25020	25020	property taxpaying electors residing within the boundaries of the
25021	25021	area permitted to be annexed and by a majority of the qualified
25022	25022	property taxpaying electors residing within the boundaries of the
25023	25023	District as defined in Section 1(b) of the Act, voting at an
25024	25024	election called for that purpose. The election shall be called by
25025	25025	the Board of Directors of the District and shall be held not less
25026	25026	than thirty (30) nor more than sixty (60) days from the date of the
25027	25027	order calling such election. The order calling the election shall
25028	25028	specify the time and places of holding the same, the form of the
25029	25029	ballot and name the presiding and alternate judges for each voting
25030	25030	place. Notice of the election shall be given by publishing a
25031	25031	substantial copy of the election order in a newspaper of general
25032	25032	circulation in the two areas in which the election is to be held,
25033	25033	once a week for two consecutive weeks, the first publication to
25034	25034	appear at least fourteen (14) days prior to the date set for the
25035	25035	election. At the election there shall be submitted the proposition
25036	25036	of whether the boundaries of the District shall be expanded and
25037	25037	shall all taxable property situated within the expanded boundaries
25038	25038	of the District be subject to the levy of annual taxes at a rate not
25039	25039	to exceed seventy-five cents (75) on each one hundred dollar
25040	25040	valuation of taxable property for the purpose of meeting the
25041	25041	requirements of the District's bonds, and for the care of
25042	25042	indigents. The ballots shall be printed to provide for voting for or
25043	25043	against the proposition:
25044	25044	['The expansion of the boundaries of the Muenster Hospital
25045	25045	District and the levy of a tax not to exceed seventy-five cents
25046	25046	(75) on the one hundred dollar valuation of all taxable property
25047	25047	within the expanded boundaries of the District.'
25048	25048	[As a result of recent court decisions relating to elections,
25049	25049	the Legislature hereby recognized there is some confusion as to the
25050	25050	proper qualifications of electors who may participate in certain
25051	25051	types of elections. It is therefore expressly provided that the
25052	25052	Board of Directors in calling any election required to be held under
25053	25053	the provisions of this Act may provide that all qualified electors,
25054	25054	including those who own taxable property which has been duly
25055	25055	rendered for taxation should be permitted to vote at the election
25056	25056	being called, by reason of the aforesaid court decisions; provided,
25057	25057	however, in the order calling the election, provision is made
25058	25058	whereby the ballots of the resident qualified property taxpaying
25059	25059	electors who own taxable property which has been duly rendered for
25060	25060	taxation can be tabulated and counted separately from the ballots
25061	25061	of the other qualified electors, and in any election so called, a
25062	25062	majority vote of the resident qualified property taxpaying voters
25063	25063	who own taxable property which has been duly rendered for taxation
25064	25064	and a majority vote of all qualified electors, including those who
25065	25065	own taxable property which has been duly rendered for taxation,
25066	25066	shall be required to sustain the proposition.]
25067	25067	SECTION 2.03. Section 1, Chapter 95, Acts of the 56th
25068	25068	Legislature, Regular Session, 1959, is amended to read as follows:
25069	25069	Sec. 1. The [There is hereby created and established within
25070	25070	the State of Texas in addition to the districts into which the state
25071	25071	has heretofore been divided in the form and manner hereinafter
25072	25072	provided, a Conservation and Reclamation District to be known as]
25073	25073	Lavaca County Flood Control District Number 3 consists [,
25074	25074	hereinafter called the District, and consisting] of that part of
25075	25075	the State of Texas, all within the boundaries of the County of
25076	25076	Lavaca, comprehended within the following field notes, to-wit:
25077	25077	BEGINNING at a point on the East side of the Lavaca River
25078	25078	about one mile up said river from the City of Hallettsville where
25079	25079	the league line between the J. Hallett and Luke Presnal Leagues
25080	25080	joins said river;
25081	25081	THENCE in an easterly direction along said league line to the
25082	25082	point where said line intersects with F.M. Road No. 537, being the
25083	25083	Hallettsville to Breslau F.M. Road;
25084	25084	THENCE along said F.M. Road No. 537 in a northerly direction
25085	25085	to a road; said road being located immediately S. of Campbell
25086	25086	Branch;
25087	25087	THENCE along said road in an easterly direction to its
25088	25088	intersection with U. S. Highway No. 77, being the Hallettsville to
25089	25089	Schulenburg Highway;
25090	25090	THENCE along said Highway No. 77 in a southerly direction to
25091	25091	the N.W. corner of the H. C. Randow property;
25092	25092	THENCE along Randow's property in an easterly direction and
25093	25093	continuing along the north property line of the Joe Pavlu tract to a
25094	25094	point being the N.E. corner of the Pavlu tract;
25095	25095	THENCE in a southerly direction along the E. line of the Pavlu
25096	25096	tract, also being the Joe Leopold west boundary line and following
25097	25097	said line to a road immediately on the west side of the Catholic
25098	25098	Cemetery;
25099	25099	THENCE along said road in a southerly direction to a point
25100	25100	where such road intersects with the "cemetery road";
25101	25101	THENCE along said cemetery road in a westerly direction to
25102	25102	the Jim Najvar property;
25103	25103	THENCE in a southerly direction along the east boundary line
25104	25104	of the Najvar property to U. S. Highway No. 90A;
25105	25105	THENCE beginning from U. S. Highway No. 90A and running in a
25106	25106	southerly direction along F.M. Road No. 530 (presently known as the
25107	25107	F.M. Road No. 530 By-pass) to a point where such by-pass intersects
25108	25108	with the present F.M. Road No. 530 (being the Hallettsville to
25109	25109	Vienna F.M. Road);
25110	25110	THENCE beginning at a point on the west side of F.M. Road No.
25111	25111	530 and running in a westerly direction along the S. boundary line
25112	25112	of the Anna Treptow Estate tract and continuing along the S.
25113	25113	boundary line of the Louis Menking tract to the E. A. Turk tract;
25114	25114	THENCE along the said Turk tract in a southerly direction to
25115	25115	the Lavaca River;
25116	25116	THENCE up said river to the Poor Farm Bridge;
25117	25117	THENCE southerly and in a westerly direction along the
25118	25118	boundary line of the Emil Marek tract of land:
25119	25119	THENCE along the S. boundary line of the Rud. Bujnoch tract in
25120	25120	a westerly direction to U. S. Highway No. 77 (being the
25121	25121	Hallettsville to Victoria Highway);
25122	25122	THENCE along said highway in a northerly direction to the T. &
25123	25123	N. O. Railroad crossing;
25124	25124	THENCE in a westerly direction along the N. boundary line of
25125	25125	the T. & N. O. Railroad right-of-way to the H. O. Von Rosenberg
25126	25126	tract;
25127	25127	THENCE in a northerly direction along the East boundary line
25128	25128	of the H. O. Von Rosenberg tract to U. S. Highway No. 77A (being the
25129	25129	Hallettsville to Yoakum Highway);
25130	25130	THENCE beginning at a point on the N. side of U. S. Highway
25131	25131	No. 77A and running in a northerly direction along the east line of
25132	25132	the A. Schubert tract and continuing to the I. Rheinstrom tract;
25133	25133	THENCE along the west of the Rheinstrom tract to a creek also
25134	25134	being the division line between the Rheinstrom and Alphonse Steffek
25135	25135	tracts;
25136	25136	THENCE along said creek in an easterly direction to the
25137	25137	Lavaca River.
25138	25138	[Such District shall be a governmental agency and body
25139	25139	politic and corporate, with the powers of government and with the
25140	25140	authority to exercise the rights, privileges, and functions
25141	25141	hereinafter specified, the creation and establishment of such
25142	25142	District being essential to the accomplishment of the purposes of
25143	25143	Section 59 of Article XVI of the Constitution of this State, as
25144	25144	amended, including the control, storing, preservation, and
25145	25145	distribution of the storm and floodwaters, and the waters of the
25146	25146	rivers and streams in the District and their tributaries, for
25147	25147	domestic, municipal, flood control, irrigation, and other useful
25148	25148	purposes, the reclamation and drainage of the overflow land within
25149	25149	the District, the conservation of forests, and to aid in the
25150	25150	protection of navigation on the navigable waters by regulating the
25151	25151	flood and storm waters that flow into said navigable streams.]
25152	25152	SECTION 2.04. Section 1, Chapter 714, Acts of the 65th
25153	25153	Legislature, Regular Session, 1977, is amended to read as follows:
25154	25154	Sec. 1. The boundaries of the Meeker Municipal Water
25155	25155	District are [Under and pursuant to the provisions of Article XVI,
25156	25156	Section 59, of the Texas Constitution, a conservation and
25157	25157	reclamation district is hereby created and established in Jefferson
25158	25158	County, Texas, to be known as "Meeker Municipal Water District"
25159	25159	(the "district"), and the boundaries of said district shall be] as
25160	25160	follows:
25161	25161	BEGINNING at the intersection of the center line of the TNN&O
25162	25162	Railroad (Southern Pacific Railroad) right-of-way and the west
25163	25163	right-of-way line of the Lower Neches Valley Authority lateral
25164	25164	sometimes called Port Arthur Fresh Water Canal;
25165	25165	THENCE in a westerly direction along the center line of the
25166	25166	TNN&O Railway (Southern Pacific Railroad) right-of-way to the east
25167	25167	line of the James Gerish, Sr. League, Abstract 24, the same being
25168	25168	the west right-of-way line of the Texas Public Service Company,
25169	25169	Lower Neches Valley Authority (Cheek) Lateral;
25170	25170	THENCE north with the west right-of-way line of the Texas
25171	25171	Public Service Company, now Lower Neches Valley Authority (Cheek)
25172	25172	lateral, to its intersection with the center line of the LNVA/Texas
25173	25173	Public Service Company's BI main canal;
25174	25174	THENCE northerly with the center line of the LNVA/Texas
25175	25175	Public Service Company's/BI main canal to its intersection of the
25176	25176	center line of State Highway 105;
25177	25177	THENCE westerly with the center line of State Highway 105 to
25178	25178	its intersection with the right descending bank (the southeast
25179	25179	bank) of Pine Island Bayou;
25180	25180	THENCE southwesterly with the meanders of the southeast bank
25181	25181	(right descending bank) of Pine Island Bayou in a southeasterly
25182	25182	direction to its intersection with the east line of the J. M.
25183	25183	Carpenter Abstract 73, Tract No. 73;
25184	25184	THENCE south with the east line of the J. M. Carpenter
25185	25185	Abstract 743, Tract No. 73, to the north line of the George Ennis
25186	25186	Tract Abstract 824;
25187	25187	THENCE west with the north line of the George Ennis Tract
25188	25188	Abstract 824 to its northwest corner;
25189	25189	THENCE south with the west line of the George Ennis Abstract
25190	25190	824 Tract to the north line of T&O RRC Abstract 237, Tract 101;
25191	25191	THENCE west with the north line of the T&NO RR Company
25192	25192	Abstract 237, Tract 101, to its northwest corner;
25193	25193	THENCE south with the west line of the T&NO Railroad Company
25194	25194	Abstract 237, Tract 101, to its southwest corner;
25195	25195	THENCE east with the south line of the T&NO RR Company
25196	25196	Abstract 237, Tract 101, to the south line of the P. J. Chiles
25197	25197	Survey, continuing east with the south line of the P. J. Chiles
25198	25198	Survey, and its projection, which is the same line as the south line
25199	25199	of the Susannah Cotton Tract, Abstract 106, and south line of the S.
25200	25200	Cotton Tract, Abstract 107, to the north right-of-way of the
25201	25201	LNVA/Texas Public Service Company's/BI main canal;
25202	25202	THENCE east with the north right-of-way line of the Lower
25203	25203	Neches Valley Authority/Texas Public Service Company's/BI main
25204	25204	canal to its intersection with the west right-of-way line of Imes
25205	25205	Road;
25206	25206	THENCE south with the west right-of-way line of Imes Road to
25207	25207	the center line of the T&NO RR (Southern Pacific) right-of-way
25208	25208	line;
25209	25209	THENCE west with the center line of the T&NO RR/Southern
25210	25210	Pacific right-of-way to the east bank of Green Pond Gulley;
25211	25211	THENCE south with the meanders of the east bank of Green Pond
25212	25212	Gulley to the north line of the HT&B RR Company Abstract 150, Tract
25213	25213	7, the same being the south line of the James Gerish, Sr. League;
25214	25214	THENCE east along the north line of the HT&B RR Company
25215	25215	Abstract 150, Tract 7, and the south line of the James Gerish, Sr.
25216	25216	League to the southeast corner of the James Gerish, Sr. League;
25217	25217	THENCE continuing east along the south line of the Ashley
25218	25218	Savery League Abstract 46 to the east right-of-way line of the
25219	25219	LNVA/Texas Public Service Company/Tyrrell Lateral;
25220	25220	THENCE north with the west right-of-way line of the
25221	25221	LNVA/Texas Public Service Company/Tyrrell Lateral and continuing
25222	25222	along the west right-of-way line of the LNVA/Port Arthur Canal in a
25223	25223	north and northwesterly direction to the place of beginning.
25224	25224	SECTION 2.05. Section 1(a), Chapter 1331, Acts of the 76th
25225	25225	Legislature, Regular Session, 1999, is amended to read as follows:
25226	25226	(a) The following groundwater conservation districts are
25227	25227	created:
25228	25228	(1) Cow Creek Groundwater Conservation District;
25229	25229	(2) Brazos Valley Groundwater Conservation District;
25230	25230	(3) Crossroads Groundwater Conservation District;
25231	25231	(4) Hays Trinity Groundwater Conservation District;
25232	25232	(5) [Lone Wolf Groundwater Conservation District;
25233	25233	[(6) Lost Pines Groundwater Conservation District;
25234	25234	[(7)] McMullen Groundwater Conservation District;
25235	25235	(6) [(8)] Middle Pecos Groundwater Conservation
25236	25236	District;
25237	25237	(7) [(9)] Red Sands Groundwater Conservation
25238	25238	District;
25239	25239	(8) [(10)] Refugio Groundwater Conservation District;
25240	25240	(9) [(11)] Southeast Trinity Groundwater Conservation
25241	25241	District;
25242	25242	(10) [(12)] Texana Groundwater Conservation District;
25243	25243	and
25244	25244	(11) [(13)] Tri-County Groundwater Conservation
25245	25245	District.
25246	25246	SECTION 2.06. Section 2(a), Chapter 1331, Acts of the 76th
25247	25247	Legislature, Regular Session, 1999, is amended to read as follows:
25248	25248	(a) The boundaries of the following groundwater
25249	25249	conservation districts are coextensive with county boundaries as
25250	25250	follows:
25251	25251	(1) the boundaries of the Cow Creek Groundwater
25252	25252	Conservation District are coextensive with the boundaries of
25253	25253	Kendall County;
25254	25254	(2) the boundaries of the Brazos Valley Groundwater
25255	25255	Conservation District are coextensive with the boundaries of
25256	25256	Robertson and Brazos Counties;
25257	25257	(3) the boundaries of the Crossroads Groundwater
25258	25258	Conservation District are coextensive with the boundaries of
25259	25259	Victoria County;
25260	25260	(4) [the boundaries of the Lone Wolf Groundwater
25261	25261	Conservation District are coextensive with the boundaries of
25262	25262	Mitchell County;
25263	25263	[(5) the boundaries of the Lost Pines Groundwater
25264	25264	Conservation District are coextensive with the boundaries of
25265	25265	Bastrop and Lee Counties, but if the voters of only one county
25266	25266	confirm the creation of the district under Section 10 of this Act,
25267	25267	the boundaries of the district are coextensive with the boundaries
25268	25268	of that county;
25269	25269	[(6)] the boundaries of the McMullen Groundwater
25270	25270	Conservation District are coextensive with the boundaries of
25271	25271	McMullen County;
25272	25272	(5) [(7)] the boundaries of the Middle Pecos
25273	25273	Groundwater Conservation District are coextensive with the
25274	25274	boundaries of Pecos County;
25275	25275	(6) [(8)] the boundaries of the Refugio Groundwater
25276	25276	Conservation District are coextensive with the boundaries of
25277	25277	Refugio County;
25278	25278	(7) [(9)] the boundaries of the Texana Groundwater
25279	25279	Conservation District are coextensive with the boundaries of
25280	25280	Jackson County; and
25281	25281	(8) [(10)] the boundaries of the Tri-County
25282	25282	Groundwater Conservation District are coextensive with the
25283	25283	boundaries of Foard, Hardeman, and Wilbarger Counties.
25284	25284	ARTICLE 3. REPEALER
25285	25285	SECTION 3.01. The following statutes are repealed:
25286	25286	(1) Sections 1A, 1B, 1C, 2, 3, 4, 5, 6, 7, 7A, 8, 9, 10,
25287	25287	11, 12, 12A, 13, 13A, 13B, 14, 15, 16, 16A, 17, and 18, Chapter 310,
25288	25288	Acts of the 59th Legislature, Regular Session, 1965;
25289	25289	(2) Section 4, Chapter 249, Acts of the 72nd
25290	25290	Legislature, Regular Session, 1991;
25291	25291	(3) Chapter 674, Acts of the 60th Legislature, Regular
25292	25292	Session, 1967;
25293	25293	(4) Chapter 112, Acts of the 65th Legislature, Regular
25294	25294	Session, 1977;
25295	25295	(5) Section 2, Chapter 911, Acts of the 70th
25296	25296	Legislature, Regular Session, 1987;
25297	25297	(6) Section 5, Chapter 128, Acts of the 80th
25298	25298	Legislature, Regular Session, 2007;
25299	25299	(7) Chapter 258, Acts of the 65th Legislature, Regular
25300	25300	Session, 1977;
25301	25301	(8) Section 3, Chapter 479, Acts of the 67th
25302	25302	Legislature, Regular Session, 1981;
25303	25303	(9) Section 6, Chapter 511, Acts of the 72nd
25304	25304	Legislature, Regular Session, 1991;
25305	25305	(10) Section 2, Chapter 529, Acts of the 78th
25306	25306	Legislature, Regular Session, 2003;
25307	25307	(11) Section 3, Chapter 476, Acts of the 79th
25308	25308	Legislature, Regular Session, 2005;
25309	25309	(12) Chapter 287, Acts of the 61st Legislature,
25310	25310	Regular Session, 1969;
25311	25311	(13) Sections 11, 12, and 13, Chapter 1091, Acts of the
25312	25312	76th Legislature, Regular Session, 1999;
25313	25313	(14) Sections 1, 1A, 2, 3, 4, 5, 6, 6(b), 7, 8, 9, 11,
25314	25314	12, 13, 14, 15, 16, 17, 18, 19, 20, 20a, 20b, 20c, 21, 22, and 23,
25315	25315	Chapter 477, Acts of the 59th Legislature, Regular Session, 1965;
25316	25316	(15) Section 14, Chapter 125, Acts of the 74th
25317	25317	Legislature, Regular Session, 1995;
25318	25318	(16) Chapter 172, Acts of the 59th Legislature,
25319	25319	Regular Session, 1965;
25320	25320	(17) Sections 10 and 11, Chapter 385, Acts of the 76th
25321	25321	Legislature, Regular Session, 1999;
25322	25322	(18) Chapter 206, Acts of the 61st Legislature,
25323	25323	Regular Session, 1969;
25324	25324	(19) Chapter 211, Acts of the 64th Legislature,
25325	25325	Regular Session, 1975;
25326	25326	(20) Section 3, Chapter 415, Acts of the 80th
25327	25327	Legislature, Regular Session, 2007;
25328	25328	(21) Chapter 766, Acts of the 69th Legislature,
25329	25329	Regular Session, 1985;
25330	25330	(22) Chapter 16, Acts of the 70th Legislature, Regular
25331	25331	Session, 1987;
25332	25332	(23) Section 4, Chapter 70, Acts of the 74th
25333	25333	Legislature, Regular Session, 1995;
25334	25334	(24) Sections 1, 2(b) and (c), 3, 4, 5, 6, 7, 8, 9, 10,
25335	25335	11, 12, 13, 14, 15, 16, 17, and 18, Chapter 644, Acts of the 59th
25336	25336	Legislature, Regular Session, 1965;
25337	25337	(25) Chapter 868, Acts of the 62nd Legislature,
25338	25338	Regular Session, 1971;
25339	25339	(26) Chapter 8, Acts of the 71st Legislature, Regular
25340	25340	Session, 1989;
25341	25341	(27) Chapter 260, Acts of the 58th Legislature,
25342	25342	Regular Session, 1963;
25343	25343	(28) Chapter 84, Acts of the 59th Legislature, Regular
25344	25344	Session, 1965;
25345	25345	(29) Sections 4 and 5, Chapter 259, Acts of the 68th
25346	25346	Legislature, Regular Session, 1983;
25347	25347	(30) Chapter 35, Acts of the 59th Legislature, Regular
25348	25348	Session, 1965;
25349	25349	(31) Sections 2 and 3, Chapter 472, Acts of the 67th
25350	25350	Legislature, Regular Session, 1981;
25351	25351	(32) Section 5, Chapter 66, Acts of the 71st
25352	25352	Legislature, Regular Session, 1989;
25353	25353	(33) Chapter 29, Acts of the 65th Legislature, Regular
25354	25354	Session, 1977;
25355	25355	(34) Section 12, Chapter 434, Acts of the 77th
25356	25356	Legislature, Regular Session, 2001;
25357	25357	(35) Articles 1 through 8, Chapter 11, Acts of the 70th
25358	25358	Legislature, 2nd Called Session, 1987;
25359	25359	(36) Chapter 6, Acts of the 65th Legislature, Regular
25360	25360	Session, 1977;
25361	25361	(37) Section 6, Chapter 614, Acts of the 67th
25362	25362	Legislature, Regular Session, 1981;
25363	25363	(38) Chapter 199, Acts of the 71st Legislature,
25364	25364	Regular Session, 1989;
25365	25365	(39) Chapter 565, Acts of the 64th Legislature,
25366	25366	Regular Session, 1975;
25367	25367	(40) Chapter 5, Acts of the 62nd Legislature, Regular
25368	25368	Session, 1971;
25369	25369	(41) Chapter 102, Acts of the 62nd Legislature,
25370	25370	Regular Session, 1971;
25371	25371	(42) Chapter 140, Acts of the 65th Legislature,
25372	25372	Regular Session, 1977; and
25373	25373	(43) Chapter 261, Acts of the 58th Legislature,
25374	25374	Regular Session, 1963.
25375	25375	SECTION 3.02. The following statutes are repealed:
25376	25376	(1) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
25377	25377	15, 16, 17, and 18, Chapter 566, Acts of the 73rd Legislature,
25378	25378	Regular Session, 1993;
25379	25379	(2) Chapter 303, Acts of the 51st Legislature, Regular
25380	25380	Session, 1949;
25381	25381	(3) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 675, Acts
25382	25382	of the 62nd Legislature, Regular Session, 1971;
25383	25383	(4) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 411, Acts
25384	25384	of the 62nd Legislature, Regular Session, 1971;
25385	25385	(5) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 579, Acts
25386	25386	of the 62nd Legislature, Regular Session, 1971;
25387	25387	(6) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 554, Acts
25388	25388	of the 62nd Legislature, Regular Session, 1971;
25389	25389	(7) Sections 1, 3, 4, 5, 6, 7, 8, 9, and 10, Chapter
25390	25390	388, Acts of the 63rd Legislature, Regular Session, 1973;
25391	25391	(8) Sections 1, 3, 4, 5, 6, 7, 8, 9, and 10, Chapter
25392	25392	620, Acts of the 63rd Legislature, Regular Session, 1973;
25393	25393	(9) Sections 2, 2a, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
25394	25394	14, 15, 16, 17, 18, and 19, Chapter 95, Acts of the 56th
25395	25395	Legislature, Regular Session, 1959;
25396	25396	(10) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 659,
25397	25397	Acts of the 62nd Legislature, Regular Session, 1971;
25398	25398	(11) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 685,
25399	25399	Acts of the 62nd Legislature, Regular Session, 1971;
25400	25400	(12) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
25401	25401	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 749, Acts
25402	25402	of the 61st Legislature, Regular Session, 1969;
25403	25403	(13) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
25404	25404	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 306, Acts
25405	25405	of the 61st Legislature, Regular Session, 1969;
25406	25406	(14) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and
25407	25407	13, Chapter 1381, Acts of the 77th Legislature, Regular Session,
25408	25408	2001;
25409	25409	(15) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12,
25410	25410	Chapter 916, Acts of the 70th Legislature, Regular Session, 1987;
25411	25411	(16) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
25412	25412	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 391, Acts
25413	25413	of the 61st Legislature, Regular Session, 1969;
25414	25414	(17) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 445,
25415	25415	Acts of the 62nd Legislature, Regular Session, 1971;
25416	25416	(18) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 642,
25417	25417	Acts of the 62nd Legislature, Regular Session, 1971;
25418	25418	(19) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 437,
25419	25419	Acts of the 62nd Legislature, Regular Session, 1971;
25420	25420	(20) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
25421	25421	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 144, Acts of
25422	25422	the 61st Legislature, Regular Session, 1969;
25423	25423	(21) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
25424	25424	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 838, Acts of
25425	25425	the 61st Legislature, Regular Session, 1969;
25426	25426	(22) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11,
25427	25427	Chapter 741, Acts of the 71st Legislature, Regular Session, 1989;
25428	25428	(23) Sections 1, 3, 4, 5, 5A, 6, 7, 8, and 9, Chapter
25429	25429	696, Acts of the 65th Legislature, Regular Session, 1977;
25430	25430	(24) Sections 1, 2, 3, 4, 5(b), 6, 7, 8, 9, 10, 11, 12,
25431	25431	13, 14, 15, 16, 17, 18, 19, 19A, 20, 20A, 21, 22, 23, 24, 25, 26, 27,
25432	25432	and 28, Chapter 935, Acts of the 69th Legislature, Regular Session,
25433	25433	1985;
25434	25434	(25) Sections 6 and 7, Chapter 1213, Acts of the 75th
25435	25435	Legislature, Regular Session, 1997;
25436	25436	(26) Chapter 97, Acts of the 66th Legislature, Regular
25437	25437	Session, 1979;
25438	25438	(27) Sections 4 and 5, Chapter 398, Acts of the 68th
25439	25439	Legislature, Regular Session, 1983;
25440	25440	(28) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
25441	25441	14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Chapter 616, Acts of the
25442	25442	61st Legislature, Regular Session, 1969;
25443	25443	(29) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 658,
25444	25444	Acts of the 62nd Legislature, Regular Session, 1971;
25445	25445	(30) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 664,
25446	25446	Acts of the 62nd Legislature, Regular Session, 1971;
25447	25447	(31) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 635,
25448	25448	Acts of the 62nd Legislature, Regular Session, 1971;
25449	25449	(32) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
25450	25450	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 714, Acts of
25451	25451	the 65th Legislature, Regular Session, 1977;
25452	25452	(33) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 423,
25453	25453	Acts of the 62nd Legislature, Regular Session, 1971;
25454	25454	(34) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 693,
25455	25455	Acts of the 62nd Legislature, Regular Session, 1971;
25456	25456	(35) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 694,
25457	25457	Acts of the 62nd Legislature, Regular Session, 1971;
25458	25458	(36) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11,
25459	25459	Chapter 756, Acts of the 69th Legislature, Regular Session, 1985;
25460	25460	(37) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 704,
25461	25461	Acts of the 62nd Legislature, Regular Session, 1971;
25462	25462	(38) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 634,
25463	25463	Acts of the 62nd Legislature, Regular Session, 1971; and
25464	25464	(39) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 344,
25465	25465	Acts of the 62nd Legislature, Regular Session, 1971.
25466	25466	SECTION 3.03. The following statutes are repealed:
25467	25467	(1) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
25468	25468	15, 16, and 17, Chapter 439, Acts of the 70th Legislature, Regular
25469	25469	Session, 1987;
25470	25470	(2) Sections 7 and 8, Chapter 1310, Acts of the 77th
25471	25471	Legislature, Regular Session, 2001;
25472	25472	(3) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
25473	25473	15, 16, and 17, Chapter 992, Acts of the 70th Legislature, Regular
25474	25474	Session, 1987;
25475	25475	(4) Chapter 915, Acts of the 70th Legislature, Regular
25476	25476	Session, 1987;
25477	25477	(5) Section 22, Chapter 759, Acts of the 78th
25478	25478	Legislature, Regular Session, 2003;
25479	25479	(6) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12,
25480	25480	Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997;
25481	25481	(7) Chapter 1361, Acts of the 77th Legislature,
25482	25482	Regular Session, 2001;
25483	25483	(8) Chapter 772, Acts of the 78th Legislature, Regular
25484	25484	Session, 2003;
25485	25485	(9) Chapter 1291, Acts of the 77th Legislature,
25486	25486	Regular Session, 2001;
25487	25487	(10) Chapter 1474, Acts of the 77th Legislature,
25488	25488	Regular Session, 2001;
25489	25489	(11) Chapter 1294, Acts of the 77th Legislature,
25490	25490	Regular Session, 2001;
25491	25491	(12) Chapter 1358, Acts of the 77th Legislature,
25492	25492	Regular Session, 2001;
25493	25493	(13) Chapter 376, Acts of the 69th Legislature,
25494	25494	Regular Session, 1985;
25495	25495	(14) Chapter 26, Acts of the 70th Legislature, Regular
25496	25496	Session, 1987;
25497	25497	(15) Chapter 1045, Acts of the 71st Legislature,
25498	25498	Regular Session, 1989;
25499	25499	(16) Chapter 302, Acts of the 77th Legislature,
25500	25500	Regular Session, 2001;
25501	25501	(17) Chapter 489, Acts of the 67th Legislature,
25502	25502	Regular Session, 1981;
25503	25503	(18) Sections 2 and 3, Chapter 294, Acts of the 77th
25504	25504	Legislature, Regular Session, 2001;
25505	25505	(19) Chapter 693, Acts of the 72nd Legislature,
25506	25506	Regular Session, 1991;
25507	25507	(20) Chapter 865, Acts of the 70th Legislature,
25508	25508	Regular Session, 1987;
25509	25509	(21) Chapter 1344, Acts of the 77th Legislature,
25510	25510	Regular Session, 2001;
25511	25511	(22) Part 4, Chapter 966, Acts of the 77th
25512	25512	Legislature, Regular Session, 2001;
25513	25513	(23) Chapter 1328, Acts of the 77th Legislature,
25514	25514	Regular Session, 2001;
25515	25515	(24) Part 5, Chapter 966, Acts of the 77th
25516	25516	Legislature, Regular Session, 2001; and
25517	25517	(25) Chapter 1323, Acts of the 77th Legislature,
25518	25518	Regular Session, 2001.
25519	25519	ARTICLE 4. GENERAL MATTERS
25520	25520	SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
25521	25521	This Act is enacted under Section 43, Article III, Texas
25522	25522	Constitution. This Act is intended as a codification only, and no
25523	25523	substantive change in the law is intended by this Act. This Act
25524	25524	does not increase or decrease the territory of any special district
25525	25525	of the state as those boundaries exist on the effective date of this
25526	25526	Act.
25527	25527	SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
25528	25528	LAW. (a) The repeal of a law, including a validating law, by this
25529	25529	Act does not remove, void, or otherwise affect in any manner a
25530	25530	validation under the repealed law. The validation is preserved and
25531	25531	continues to have the same effect that it would have if the law were
25532	25532	not repealed.
25533	25533	(b) Subsection (a) of this section does not diminish the
25534	25534	saving provisions prescribed by Section 311.031, Government Code.
25535	25535	SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
25536	25536	1, 2011.
25537	25537	COMMITTEE AMENDMENT NO. 1
25538	25538	Amend H.B. No. 2619 as follows:
25539	25539	(1) On page 759, line 24, strike "8848, and 8849" and
25540	25540	substitute "and 8848".
25541	25541	(2) Strike page 893, line 7, through page 899, line 26.
25542	25542	(3) Strike page 938, line 2, through page 940, line 7, and
25543	25543	substitute the following:
25544	25544	SECTION 2.05. Section 1(a), Chapter 1331, Acts of the 76th
25545	25545	Legislature, Regular Session, 1999, is amended to read as follows:
25546	25546	(a) The following groundwater conservation districts are
25547	25547	created:
25548	25548	(1) Cow Creek Groundwater Conservation District;
25549	25549	(2) Brazos Valley Groundwater Conservation District;
25550	25550	(3) Crossroads Groundwater Conservation District;
25551	25551	(4) Hays Trinity Groundwater Conservation District;
25552	25552	(5) [Lone Wolf Groundwater Conservation District;
25553	25553	[(6)] Lost Pines Groundwater Conservation District;
25554	25554	(6) [(7)] McMullen Groundwater Conservation District;
25555	25555	(7) [(8)] Middle Pecos Groundwater Conservation
25556	25556	District;
25557	25557	(8) [(9)] Red Sands Groundwater Conservation
25558	25558	District;
25559	25559	(9) [(10)] Refugio Groundwater Conservation District;
25560	25560	(10) [(11)] Southeast Trinity Groundwater
25561	25561	Conservation District; and
25562	25562	(11) [(12)] Texana Groundwater Conservation District.
25563	25563	SECTION 2.06. Section 2(a), Chapter 1331, Acts of the 76th
25564	25564	Legislature, Regular Session, 1999, is amended to read as follows:
25565	25565	(a) The boundaries of the following groundwater
25566	25566	conservation districts are coextensive with county boundaries as
25567	25567	follows:
25568	25568	(1) the boundaries of the Cow Creek Groundwater
25569	25569	Conservation District are coextensive with the boundaries of
25570	25570	Kendall County;
25571	25571	(2) the boundaries of the Brazos Valley Groundwater
25572	25572	Conservation District are coextensive with the boundaries of
25573	25573	Robertson and Brazos Counties;
25574	25574	(3) the boundaries of the Crossroads Groundwater
25575	25575	Conservation District are coextensive with the boundaries of
25576	25576	Victoria County;
25577	25577	(4) [the boundaries of the Lone Wolf Groundwater
25578	25578	Conservation District are coextensive with the boundaries of
25579	25579	Mitchell County;
25580	25580	[(5)] the boundaries of the Lost Pines Groundwater
25581	25581	Conservation District are coextensive with the boundaries of
25582	25582	Bastrop and Lee Counties, but if the voters of only one county
25583	25583	confirm the creation of the district under Section 10 of this Act,
25584	25584	the boundaries of the district are coextensive with the boundaries
25585	25585	of that county;
25586	25586	(5) [(6)] the boundaries of the McMullen Groundwater
25587	25587	Conservation District are coextensive with the boundaries of
25588	25588	McMullen County;
25589	25589	(6) [(7)] the boundaries of the Middle Pecos
25590	25590	Groundwater Conservation District are coextensive with the
25591	25591	boundaries of Pecos County;
25592	25592	(7) [(8)] the boundaries of the Refugio Groundwater
25593	25593	Conservation District are coextensive with the boundaries of
25594	25594	Refugio County; and
25595	25595	(8) [(9)] the boundaries of the Texana Groundwater
25596	25596	Conservation District are coextensive with the boundaries of
25597	25597	Jackson County.
25598	25598	(4) On page 948, line 20, after the semicolon, add "and".
25599	25599	(5) On page 948, line 22, strike the semicolon and
25600	25600	substitute a period.
25601	25601	(6) On page 948, strike lines 23-26.
25602	25602	Swinford