81R10840 ALB-F
By: Chisum H.B. No. 3626
A BILL TO BE ENTITLED
AN ACT
relating to the North Wheeler County Hospital District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4, Chapter 260, Acts of the 58th
Legislature, Regular Session, 1963, is amended to read as follows:
Sec. 4. DISTRICT MANAGEMENT. The District [Within ten (10)
days after such election is held the Commissioners Court of said
County shall convene and canvass the returns thereof and in the
event such election results favorably to the proposition specified
in Section 3 hereof, such District] shall be governed by a Board of
Directors to consist of five (5) members, who shall serve without
pay. Two Directors are elected from each commissioners precinct
included in the District, and one Director is elected from the
District at large. Unless four-year terms are established under
Section 285.081, Health and Safety Code, Directors serve staggered
two-year terms. Each such Director must at the time of [his]
election or appointment [hereunder,] be a resident of the District,
be a registered voter, [own property subject to taxation therein]
and be more than eighteen (18) [twenty-one (21)] years of age. A
person who is elected from a commissioners precinct or who is
appointed to fill a vacancy for a commissioners precinct must be a
resident of that precinct. A District employee may not serve as a
Director. [Not less than fifteen (15) nor more than twenty-five
(25) days after the District is declared established and created
the Commissioners Court shall call an election for the five (5)
Directors who will serve as the District's first Board of
Directors, this election to be held on a date not more than thirty
(30) days after the day of the passage of the Commissioners Court
order calling same but on such date as will permit publication of an
election notice in a newspaper of general circulation in Wheeler
County one (1) time not less than ten (10) days prior to such
election date. Any candidate desiring to be voted upon as a first
Director shall, no later that three (3) days prior to the day of
passage of the Commissioners Court order calling the election,
present a petition to that Court signed by such candidate and not
less than five (5) qualified voters residing in the candidate's
voting precinct, requesting that his name be placed upon the
official ballot. For the purpose of electing Directors, the
Hospital District shall be divided into five (5) voting precincts
which shall be made up of the parts of the following school
districts which lie within the Hospital District, using school
district boundaries as of January 1, 1963, as follows: Allison,
Kelton, Briscoe, Wheeler plus any part of Sections 14 and 15 of
Block 27, H & G.N. Survey that are within the boundaries of the
Hospital District, and Mobeetie plus any part of Sections 69 and 70
of Block 24 of H and G.N. Survey that are within the boundaries of
the Hospital District. Any territory within the Hospital District,
but not within one of the five (5) school districts, shall be added
to the nearest Hospital District voting precinct by the action of
the Board of Directors of the Hospital District. Each voting
precinct of the Hospital District shall be represented by one (1)
Director who must reside within the voting precinct. The regular
term of each Director shall be for two (2) years but after the first
called election, the Directors by lot shall select three (3)
Directors for two (2) year terms, and two (2) Directors for one (1)
year terms. The first year terms shall be ended on the date of the
first annual election as hereinafter provided. No person shall be
appointed or elected as a member of the Board of Directors of said
Hospital District unless he is a resident of the voting precinct
thereof and owns property subject to taxation therein and unless at
the time of such election or appointment he shall be more than
twenty-one (21) years of age.] Each member of the Board of
Directors shall qualify by executing the constitutional oath of
office and shall execute a good and sufficient commercial bond for
One Thousand Dollars ($1,000) payable to said District conditioned
upon the faithful performance of his duties, and such oaths and
bonds shall be deposited with the depository bank of the District
for safekeeping. The cost of this bond shall be an expense of the
Hospital District.
The Board of Directors shall organize by electing one (1) of
their number as president, and one (1) as vice president and one (1)
as secretary. Any three (3) members of the Board of Directors shall
constitute a quorum and a concurrence of three (3) shall be
sufficient in all matters pertaining to the business of the
District. All vacancies in the office of Director shall be filled
for the unexpired term by appointment of the remainder of the Board
of Directors. In the event the number of Directors shall be reduced
to less than three (3) for any reason, the remaining Directors shall
immediately call a special election to fill said vacancies, and
upon failure to do so a District Court may, upon application of any
voter or taxpayer of the District, issue a mandate requiring that
such election be ordered by the remaining Directors. An election
shall be held each year on the May uniform election date prescribed
by Section 41.001, Election Code, to elect the appropriate number
of Directors.
Notice [A regular election of Directors shall be held on the
same day that the election of trustees of public schools is held
each year and notice] of such election shall be published in a
newspaper of general circulation in the County in accordance with
Section 4.003, Election Code. [one (1) time at least ten (10) days
prior to the date of election.] Any person desiring the person's
[his] name to be printed on the ballot as a candidate for Director
shall file an application [a petition, signed by not less than five
(5) qualified voters residing in the candidate's voting precinct
asking that such name be printed on the ballot,] with the secretary
of the Board of Directors of the District in accordance with Chapter
144, Election Code. [Such petition shall be filed with such
secretary at least twenty-five (25) days prior to the date of
election. All qualified electors residing within the District
shall be eligible to vote for Directors; provided, however, that
such eligible elector can vote only to select a Director from the
Hospital District voting precinct of the residence of such
elector.]
SECTION 2. Section 6, Chapter 260, Acts of the 58th
Legislature, Regular Session, 1963, is amended to read as follows:
Sec. 6. FISCAL YEAR-AUDIT-ACCOUNTING. The District
operates on a fiscal year established by the Board of Directors.
The fiscal year may not be changed if revenue bonds are outstanding
or more than once in a 24-month period. The Board [The District
shall be operated on a fiscal year commencing on October 1st of each
year and ending on September 30th of the succeeding year and it]
shall cause an audit to be made of the financial condition of said
District which shall at all times be open to inspection at the
principal office of the District. In addition the Administrator or
Manager shall prepare an annual budget for approval by the Board of
Directors of said District. As soon as practical after the close of
each fiscal year the Administrator or Manager shall prepare for the
Board a full sworn statement of all moneys belonging to the District
and a full account of the disbursements of same.
SECTION 3. Chapter 260, Acts of the 58th Legislature,
Regular Session, 1963, is amended by adding Sections 7A, 7B, and 7C
to read as follows:
Sec. 7A. REVENUE BONDS. (a) The board may issue revenue
bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital system purposes; or
(2) acquire sites to be used for hospital system
purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for
issuance of revenue bonds by a county hospital authority.
Sec. 7B. ADDITIONAL MEANS OF SECURING REPAYMENT OF BONDS.
(a) In addition to the authority to issue general obligation bonds
and revenue bonds under this Act, the board may provide for the
security and payment of district bonds from a pledge of a
combination of ad valorem taxes as authorized by Section 7 of this
Act and revenue and other sources as authorized by Section 7A of
this Act.
(b) Bonds, other than refunding bonds, that the board
proposes to secure wholly or partly by an ad valorem tax must be
approved at an election held in the district in accordance with
Section 7 of this Act.
Sec. 7C. USE OF BOND PROCEEDS. The district may use the
proceeds of bonds issued under this Act to pay:
(1) any expense the board determines is reasonable and
necessary to issue, sell, and deliver the bonds;
(2) interest payments on the bonds during a period of
acquisition or construction of a project or facility to be provided
through the bonds, not to exceed five years;
(3) costs related to the operation and maintenance of
a project or facility to be provided through the bonds:
(A) during an estimated period of acquisition or
construction, not to exceed five years; and
(B) for one year after the project or facility is
acquired or constructed;
(4) costs related to the financing of the bond funds,
including debt service reserve and contingency funds;
(5) costs related to the bond issuance;
(6) costs related to the acquisition of land or
interests in land for a project or facility to be provided through
the bonds; and
(7) costs of construction of a project or facility to
be provided through the bonds, including the payment of related
professional services and expenses.
SECTION 4. Chapter 260, Acts of the 58th Legislature,
Regular Session, 1963, is amended by adding Section 22 to read as
follows:
Sec. 22. DISSOLUTION; ELECTION. (a) The district may be
dissolved only if the dissolution is approved by a majority of the
registered voters of the district voting in an election held for
that purpose.
(b) The board of directors may order an election on the
question of dissolving the district and disposing of the district's
assets and obligations. The board shall order an election if the
board receives a petition requesting an election that is signed by a
number of registered voters of the district equal to at least 15
percent of the registered voters in the district.
(c) Section 41.001, Election Code, does not apply to an
election ordered under this section.
(d) The order calling an election under this section must
state:
(1) the nature of the election, including the
proposition that is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) The board of directors shall give notice of the election
by publishing a substantial copy of the election order in a
newspaper with general circulation in the district once a week for
two consecutive weeks. The first publication must appear not later
than the 35th day before the date set for the election.
(f) The ballot for the election must be printed to permit
voting for or against the proposition: "The dissolution of the
North Wheeler County Hospital District."
(g) If a majority of the votes in the election favor
dissolution, the board of directors shall find that the district is
dissolved. If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district,
and another election on the question of dissolution may not be held
before the first anniversary of the most recent election to
dissolve the district.
(h) If a majority of the votes in the election favor
dissolution, the board of directors shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Wheeler
County or another governmental entity in Wheeler County; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(i) If the district transfers the land, buildings,
improvements, equipment, and other assets to Wheeler County or
another governmental entity, the county or entity assumes all debts
and obligations of the district at the time of the transfer, and the
district is dissolved.
(j) If the district does not transfer the land, buildings,
improvements, equipment, and other assets to Wheeler County or
another governmental entity, the board of directors shall
administer the property, assets, and debts of the district until
all funds have been disposed of and all district debts have been
paid or settled, at which time the district is dissolved.
(k) After the board of directors finds that the district is
dissolved, the board shall:
(1) determine any debt owed by the district; and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(l) When all outstanding debts and obligations of the
district are paid, the board of directors shall order the secretary
to return to each district taxpayer the taxpayer's pro rata share of
all unused tax money.
(m) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board of directors shall direct
the secretary to transmit the money to the county tax
assessor-collector.
(n) After the district has paid all its debts and has
disposed of all its assets and money as prescribed by this section,
the board of directors shall file a written report with the
Commissioners Court of Wheeler County summarizing the board's
actions in dissolving the district.
(o) Not later than the 10th day after the date it receives
the report and determines that the requirements of this section
have been fulfilled, the Commissioners Court of Wheeler County
shall enter an order dissolving the district and releasing the
board of directors of the district from any further duty or
obligation.
SECTION 5. (a) The election of three directors of the North
Wheeler County Hospital District scheduled before the effective
date of this Act to be held in May 2010 shall be held, and two
directors shall be elected from Precinct 2 and one director shall be
elected from the district at large. The directors elected at the
election shall serve two-year terms.
(b) The election of two directors of the district scheduled
before the effective date of this Act to be held in May 2011 shall be
held, and two directors shall be elected from Precinct 1. The
directors elected at the election shall serve two-year terms.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.