Texas 2009 - 81st Regular

Texas House Bill HB3626 Compare Versions

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1	1	81R10840 ALB-F
2	2	By: Chisum H.B. No. 3626
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the North Wheeler County Hospital District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 4, Chapter 260, Acts of the 58th
10	10	Legislature, Regular Session, 1963, is amended to read as follows:
11	11	Sec. 4. DISTRICT MANAGEMENT. The District [Within ten (10)
12	12	days after such election is held the Commissioners Court of said
13	13	County shall convene and canvass the returns thereof and in the
14	14	event such election results favorably to the proposition specified
15	15	in Section 3 hereof, such District] shall be governed by a Board of
16	16	Directors to consist of five (5) members, who shall serve without
17	17	pay. Two Directors are elected from each commissioners precinct
18	18	included in the District, and one Director is elected from the
19	19	District at large. Unless four-year terms are established under
20	20	Section 285.081, Health and Safety Code, Directors serve staggered
21	21	two-year terms. Each such Director must at the time of [his]
22	22	election or appointment [hereunder,] be a resident of the District,
23	23	be a registered voter, [own property subject to taxation therein]
24	24	and be more than eighteen (18) [twenty-one (21)] years of age. A
25	25	person who is elected from a commissioners precinct or who is
26	26	appointed to fill a vacancy for a commissioners precinct must be a
27	27	resident of that precinct. A District employee may not serve as a
28	28	Director. [Not less than fifteen (15) nor more than twenty-five
29	29	(25) days after the District is declared established and created
30	30	the Commissioners Court shall call an election for the five (5)
31	31	Directors who will serve as the District's first Board of
32	32	Directors, this election to be held on a date not more than thirty
33	33	(30) days after the day of the passage of the Commissioners Court
34	34	order calling same but on such date as will permit publication of an
35	35	election notice in a newspaper of general circulation in Wheeler
36	36	County one (1) time not less than ten (10) days prior to such
37	37	election date. Any candidate desiring to be voted upon as a first
38	38	Director shall, no later that three (3) days prior to the day of
39	39	passage of the Commissioners Court order calling the election,
40	40	present a petition to that Court signed by such candidate and not
41	41	less than five (5) qualified voters residing in the candidate's
42	42	voting precinct, requesting that his name be placed upon the
43	43	official ballot. For the purpose of electing Directors, the
44	44	Hospital District shall be divided into five (5) voting precincts
45	45	which shall be made up of the parts of the following school
46	46	districts which lie within the Hospital District, using school
47	47	district boundaries as of January 1, 1963, as follows: Allison,
48	48	Kelton, Briscoe, Wheeler plus any part of Sections 14 and 15 of
49	49	Block 27, H & G.N. Survey that are within the boundaries of the
50	50	Hospital District, and Mobeetie plus any part of Sections 69 and 70
51	51	of Block 24 of H and G.N. Survey that are within the boundaries of
52	52	the Hospital District. Any territory within the Hospital District,
53	53	but not within one of the five (5) school districts, shall be added
54	54	to the nearest Hospital District voting precinct by the action of
55	55	the Board of Directors of the Hospital District. Each voting
56	56	precinct of the Hospital District shall be represented by one (1)
57	57	Director who must reside within the voting precinct. The regular
58	58	term of each Director shall be for two (2) years but after the first
59	59	called election, the Directors by lot shall select three (3)
60	60	Directors for two (2) year terms, and two (2) Directors for one (1)
61	61	year terms. The first year terms shall be ended on the date of the
62	62	first annual election as hereinafter provided. No person shall be
63	63	appointed or elected as a member of the Board of Directors of said
64	64	Hospital District unless he is a resident of the voting precinct
65	65	thereof and owns property subject to taxation therein and unless at
66	66	the time of such election or appointment he shall be more than
67	67	twenty-one (21) years of age.] Each member of the Board of
68	68	Directors shall qualify by executing the constitutional oath of
69	69	office and shall execute a good and sufficient commercial bond for
70	70	One Thousand Dollars ($1,000) payable to said District conditioned
71	71	upon the faithful performance of his duties, and such oaths and
72	72	bonds shall be deposited with the depository bank of the District
73	73	for safekeeping. The cost of this bond shall be an expense of the
74	74	Hospital District.
75	75	The Board of Directors shall organize by electing one (1) of
76	76	their number as president, and one (1) as vice president and one (1)
77	77	as secretary. Any three (3) members of the Board of Directors shall
78	78	constitute a quorum and a concurrence of three (3) shall be
79	79	sufficient in all matters pertaining to the business of the
80	80	District. All vacancies in the office of Director shall be filled
81	81	for the unexpired term by appointment of the remainder of the Board
82	82	of Directors. In the event the number of Directors shall be reduced
83	83	to less than three (3) for any reason, the remaining Directors shall
84	84	immediately call a special election to fill said vacancies, and
85	85	upon failure to do so a District Court may, upon application of any
86	86	voter or taxpayer of the District, issue a mandate requiring that
87	87	such election be ordered by the remaining Directors. An election
88	88	shall be held each year on the May uniform election date prescribed
89	89	by Section 41.001, Election Code, to elect the appropriate number
90	90	of Directors.
91	91	Notice [A regular election of Directors shall be held on the
92	92	same day that the election of trustees of public schools is held
93	93	each year and notice] of such election shall be published in a
94	94	newspaper of general circulation in the County in accordance with
95	95	Section 4.003, Election Code. [one (1) time at least ten (10) days
96	96	prior to the date of election.] Any person desiring the person's
97	97	[his] name to be printed on the ballot as a candidate for Director
98	98	shall file an application [a petition, signed by not less than five
99	99	(5) qualified voters residing in the candidate's voting precinct
100	100	asking that such name be printed on the ballot,] with the secretary
101	101	of the Board of Directors of the District in accordance with Chapter
102	102	144, Election Code. [Such petition shall be filed with such
103	103	secretary at least twenty-five (25) days prior to the date of
104	104	election. All qualified electors residing within the District
105	105	shall be eligible to vote for Directors; provided, however, that
106	106	such eligible elector can vote only to select a Director from the
107	107	Hospital District voting precinct of the residence of such
108	108	elector.]
109	109	SECTION 2. Section 6, Chapter 260, Acts of the 58th
110	110	Legislature, Regular Session, 1963, is amended to read as follows:
111	111	Sec. 6. FISCAL YEAR-AUDIT-ACCOUNTING. The District
112	112	operates on a fiscal year established by the Board of Directors.
113	113	The fiscal year may not be changed if revenue bonds are outstanding
114	114	or more than once in a 24-month period. The Board [The District
115	115	shall be operated on a fiscal year commencing on October 1st of each
116	116	year and ending on September 30th of the succeeding year and it]
117	117	shall cause an audit to be made of the financial condition of said
118	118	District which shall at all times be open to inspection at the
119	119	principal office of the District. In addition the Administrator or
120	120	Manager shall prepare an annual budget for approval by the Board of
121	121	Directors of said District. As soon as practical after the close of
122	122	each fiscal year the Administrator or Manager shall prepare for the
123	123	Board a full sworn statement of all moneys belonging to the District
124	124	and a full account of the disbursements of same.
125	125	SECTION 3. Chapter 260, Acts of the 58th Legislature,
126	126	Regular Session, 1963, is amended by adding Sections 7A, 7B, and 7C
127	127	to read as follows:
128	128	Sec. 7A. REVENUE BONDS. (a) The board may issue revenue
129	129	bonds to:
130	130	(1) purchase, construct, acquire, repair, renovate,
131	131	or equip buildings or improvements for hospital system purposes; or
132	132	(2) acquire sites to be used for hospital system
133	133	purposes.
134	134	(b) The bonds must be payable from and secured by a pledge of
135	135	all or part of the revenue derived from the operation of the
136	136	district's hospitals.
137	137	(c) The bonds may be additionally secured by a mortgage or
138	138	deed of trust lien on all or part of district property.
139	139	(d) The bonds must be issued in the manner and in accordance
140	140	with the procedures and requirements prescribed by Sections
141	141	264.042, 264.043, and 264.046-264.049, Health and Safety Code, for
142	142	issuance of revenue bonds by a county hospital authority.
143	143	Sec. 7B. ADDITIONAL MEANS OF SECURING REPAYMENT OF BONDS.
144	144	(a) In addition to the authority to issue general obligation bonds
145	145	and revenue bonds under this Act, the board may provide for the
146	146	security and payment of district bonds from a pledge of a
147	147	combination of ad valorem taxes as authorized by Section 7 of this
148	148	Act and revenue and other sources as authorized by Section 7A of
149	149	this Act.
150	150	(b) Bonds, other than refunding bonds, that the board
151	151	proposes to secure wholly or partly by an ad valorem tax must be
152	152	approved at an election held in the district in accordance with
153	153	Section 7 of this Act.
154	154	Sec. 7C. USE OF BOND PROCEEDS. The district may use the
155	155	proceeds of bonds issued under this Act to pay:
156	156	(1) any expense the board determines is reasonable and
157	157	necessary to issue, sell, and deliver the bonds;
158	158	(2) interest payments on the bonds during a period of
159	159	acquisition or construction of a project or facility to be provided
160	160	through the bonds, not to exceed five years;
161	161	(3) costs related to the operation and maintenance of
162	162	a project or facility to be provided through the bonds:
163	163	(A) during an estimated period of acquisition or
164	164	construction, not to exceed five years; and
165	165	(B) for one year after the project or facility is
166	166	acquired or constructed;
167	167	(4) costs related to the financing of the bond funds,
168	168	including debt service reserve and contingency funds;
169	169	(5) costs related to the bond issuance;
170	170	(6) costs related to the acquisition of land or
171	171	interests in land for a project or facility to be provided through
172	172	the bonds; and
173	173	(7) costs of construction of a project or facility to
174	174	be provided through the bonds, including the payment of related
175	175	professional services and expenses.
176	176	SECTION 4. Chapter 260, Acts of the 58th Legislature,
177	177	Regular Session, 1963, is amended by adding Section 22 to read as
178	178	follows:
179	179	Sec. 22. DISSOLUTION; ELECTION. (a) The district may be
180	180	dissolved only if the dissolution is approved by a majority of the
181	181	registered voters of the district voting in an election held for
182	182	that purpose.
183	183	(b) The board of directors may order an election on the
184	184	question of dissolving the district and disposing of the district's
185	185	assets and obligations. The board shall order an election if the
186	186	board receives a petition requesting an election that is signed by a
187	187	number of registered voters of the district equal to at least 15
188	188	percent of the registered voters in the district.
189	189	(c) Section 41.001, Election Code, does not apply to an
190	190	election ordered under this section.
191	191	(d) The order calling an election under this section must
192	192	state:
193	193	(1) the nature of the election, including the
194	194	proposition that is to appear on the ballot;
195	195	(2) the date of the election;
196	196	(3) the hours during which the polls will be open; and
197	197	(4) the location of the polling places.
198	198	(e) The board of directors shall give notice of the election
199	199	by publishing a substantial copy of the election order in a
200	200	newspaper with general circulation in the district once a week for
201	201	two consecutive weeks. The first publication must appear not later
202	202	than the 35th day before the date set for the election.
203	203	(f) The ballot for the election must be printed to permit
204	204	voting for or against the proposition: "The dissolution of the
205	205	North Wheeler County Hospital District."
206	206	(g) If a majority of the votes in the election favor
207	207	dissolution, the board of directors shall find that the district is
208	208	dissolved. If a majority of the votes in the election do not favor
209	209	dissolution, the board shall continue to administer the district,
210	210	and another election on the question of dissolution may not be held
211	211	before the first anniversary of the most recent election to
212	212	dissolve the district.
213	213	(h) If a majority of the votes in the election favor
214	214	dissolution, the board of directors shall:
215	215	(1) transfer the land, buildings, improvements,
216	216	equipment, and other assets that belong to the district to Wheeler
217	217	County or another governmental entity in Wheeler County; or
218	218	(2) administer the property, assets, and debts until
219	219	all money has been disposed of and all district debts have been paid
220	220	or settled.
221	221	(i) If the district transfers the land, buildings,
222	222	improvements, equipment, and other assets to Wheeler County or
223	223	another governmental entity, the county or entity assumes all debts
224	224	and obligations of the district at the time of the transfer, and the
225	225	district is dissolved.
226	226	(j) If the district does not transfer the land, buildings,
227	227	improvements, equipment, and other assets to Wheeler County or
228	228	another governmental entity, the board of directors shall
229	229	administer the property, assets, and debts of the district until
230	230	all funds have been disposed of and all district debts have been
231	231	paid or settled, at which time the district is dissolved.
232	232	(k) After the board of directors finds that the district is
233	233	dissolved, the board shall:
234	234	(1) determine any debt owed by the district; and
235	235	(2) impose on the property included in the district's
236	236	tax rolls a tax that is in proportion of the debt to the property
237	237	value.
238	238	(l) When all outstanding debts and obligations of the
239	239	district are paid, the board of directors shall order the secretary
240	240	to return to each district taxpayer the taxpayer's pro rata share of
241	241	all unused tax money.
242	242	(m) A taxpayer may request that the taxpayer's share of
243	243	surplus tax money be credited to the taxpayer's county taxes. If a
244	244	taxpayer requests the credit, the board of directors shall direct
245	245	the secretary to transmit the money to the county tax
246	246	assessor-collector.
247	247	(n) After the district has paid all its debts and has
248	248	disposed of all its assets and money as prescribed by this section,
249	249	the board of directors shall file a written report with the
250	250	Commissioners Court of Wheeler County summarizing the board's
251	251	actions in dissolving the district.
252	252	(o) Not later than the 10th day after the date it receives
253	253	the report and determines that the requirements of this section
254	254	have been fulfilled, the Commissioners Court of Wheeler County
255	255	shall enter an order dissolving the district and releasing the
256	256	board of directors of the district from any further duty or
257	257	obligation.
258	258	SECTION 5. (a) The election of three directors of the North
259	259	Wheeler County Hospital District scheduled before the effective
260	260	date of this Act to be held in May 2010 shall be held, and two
261	261	directors shall be elected from Precinct 2 and one director shall be
262	262	elected from the district at large. The directors elected at the
263	263	election shall serve two-year terms.
264	264	(b) The election of two directors of the district scheduled
265	265	before the effective date of this Act to be held in May 2011 shall be
266	266	held, and two directors shall be elected from Precinct 1. The
267	267	directors elected at the election shall serve two-year terms.
268	268	SECTION 6. This Act takes effect immediately if it receives
269	269	a vote of two-thirds of all the members elected to each house, as
270	270	provided by Section 39, Article III, Texas Constitution. If this
271	271	Act does not receive the vote necessary for immediate effect, this
272	272	Act takes effect September 1, 2009.