1 | 1 | | H.B. No. 4257 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the Sutton County Hospital District. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. Section 3.03(d), Chapter 1047, Acts of the 68th |
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8 | 8 | | Legislature, Regular Session, 1983, is amended to read as follows: |
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9 | 9 | | (d) An election shall be held on the [first Saturday in] May |
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10 | 10 | | uniform election date under Section 41.001, Election Code, in each |
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11 | 11 | | even-numbered year, and the appropriate number of successor |
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12 | 12 | | directors shall be elected for four-year terms. |
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13 | 13 | | SECTION 2. Section 3.04, Chapter 1047, Acts of the 68th |
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14 | 14 | | Legislature, Regular Session, 1983, is amended to read as follows: |
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15 | 15 | | Sec. 3.04. NOTICE OF ELECTION. Notice [At least 35 days |
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16 | 16 | | before the date of an election of directors, notice] of the election |
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17 | 17 | | shall be published one time in a newspaper with general circulation |
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18 | 18 | | in the district in accordance with Section 4.003, Election Code. |
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19 | 19 | | SECTION 3. Section 3.05, Chapter 1047, Acts of the 68th |
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20 | 20 | | Legislature, Regular Session, 1983, is amended to read as follows: |
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21 | 21 | | Sec. 3.05. APPLICATION [PETITION]. (a) A person who wishes |
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22 | 22 | | to have his name printed on the ballot as a candidate for director |
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23 | 23 | | must file with the secretary of the board of directors an |
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24 | 24 | | application in accordance with Chapter 144, Election Code [a |
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25 | 25 | | petition signed by at least 10 registered voters of the district |
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26 | 26 | | asking that his name be placed on the ballot. The determination of |
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27 | 27 | | whether a person is a registered voter of the district shall be |
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28 | 28 | | based on the most recent official lists of registered voters]. |
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29 | 29 | | (b) [The petition must be filed with the secretary not later |
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30 | 30 | | than the 31st day before the date of the election. |
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31 | 31 | | [(c)] The application [petition] must specify the |
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32 | 32 | | commissioner precinct the candidate wishes to represent or specify |
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33 | 33 | | that the candidate wishes to represent the district at large. |
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34 | 34 | | SECTION 4. Section 4.07, Chapter 1047, Acts of the 68th |
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35 | 35 | | Legislature, Regular Session, 1983, is amended to read as follows: |
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36 | 36 | | Sec. 4.07. CONSTRUCTION CONTRACTS. (a) The board may enter |
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37 | 37 | | into construction contracts on behalf of the district; however, the |
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38 | 38 | | board may enter into construction contracts that involve spending |
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39 | 39 | | more than the amount provided by Section 271.024, Local Government |
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40 | 40 | | Code, [$10,000] only after competitive bidding as provided by |
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41 | 41 | | Subchapter B, Chapter 271, Local Government Code [Chapter 770, Acts |
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42 | 42 | | of the 66th Legislature, Regular Session, 1979 (Article 2368a.3, |
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43 | 43 | | Vernon's Texas Civil Statutes)]. |
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44 | 44 | | (b) Chapter 2253, Government Code [Article 5160, Revised |
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45 | 45 | | Statutes], as it relates to performance and payment bonds, applies |
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46 | 46 | | to construction contracts let by the district. |
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47 | 47 | | SECTION 5. Article 5, Chapter 1047, Acts of the 68th |
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48 | 48 | | Legislature, Regular Session, 1983, is amended by adding Section |
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49 | 49 | | 5.11 to read as follows: |
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50 | 50 | | Sec. 5.11. GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
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51 | 51 | | (a) The board may borrow money at a rate not to exceed the maximum |
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52 | 52 | | annual percentage rate allowed by law for district obligations at |
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53 | 53 | | the time the loan is made. |
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54 | 54 | | (b) To secure a loan, the board may pledge: |
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55 | 55 | | (1) district revenue that is not pledged to pay the |
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56 | 56 | | district's bonded indebtedness; |
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57 | 57 | | (2) a district tax to be imposed by the district in the |
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58 | 58 | | next 12-month period following the date of the pledge that is not |
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59 | 59 | | pledged to pay the principal of or interest on district bonds; or |
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60 | 60 | | (3) a district bond that has been authorized but not |
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61 | 61 | | sold. |
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62 | 62 | | (c) A loan for which taxes or bonds are pledged must mature |
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63 | 63 | | not later than the first anniversary of the date the loan is made. A |
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64 | 64 | | loan for which district revenue is pledged must mature not later |
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65 | 65 | | than the fifth anniversary of the date the loan is made. |
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66 | 66 | | SECTION 6. Article 6, Chapter 1047, Acts of the 68th |
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67 | 67 | | Legislature, Regular Session, 1983, is amended by adding Sections |
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68 | 68 | | 6.12 and 6.13 to read as follows: |
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69 | 69 | | Sec. 6.12. ADDITIONAL MEANS OF SECURING REPAYMENT OF BONDS. |
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70 | 70 | | In addition to the authority to issue general obligation bonds and |
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71 | 71 | | revenue bonds under this article, the board may provide for the |
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72 | 72 | | security and payment of district bonds from a pledge of a |
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73 | 73 | | combination of ad valorem taxes as authorized by Section 6.02 of |
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74 | 74 | | this Act and revenue and other sources authorized by Section 6.04 of |
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75 | 75 | | this Act. |
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76 | 76 | | Sec. 6.13. USE OF BOND PROCEEDS. The district may use the |
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77 | 77 | | proceeds of bonds issued under this article to pay: |
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78 | 78 | | (1) any expense the board determines is reasonable and |
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79 | 79 | | necessary to issue, sell, and deliver the bonds; |
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80 | 80 | | (2) interest payments on the bonds during a period of |
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81 | 81 | | acquisition or construction of a project or facility to be provided |
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82 | 82 | | through the bonds, not to exceed five years; |
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83 | 83 | | (3) costs related to the operation and maintenance of |
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84 | 84 | | a project or facility to be provided through the bonds: |
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85 | 85 | | (A) during an estimated period of acquisition or |
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86 | 86 | | construction, not to exceed five years; and |
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87 | 87 | | (B) for one year after the project or facility is |
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88 | 88 | | acquired or constructed; |
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89 | 89 | | (4) costs related to the financing of the bond funds, |
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90 | 90 | | including debt service reserve and contingency funds; |
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91 | 91 | | (5) costs related to the bond issuance; |
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92 | 92 | | (6) costs related to the acquisition of land or |
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93 | 93 | | interests in land for a project or facility to be provided through |
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94 | 94 | | the bonds; and |
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95 | 95 | | (7) costs of construction of a project or facility to |
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96 | 96 | | be provided through the bonds, including the payment of related |
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97 | 97 | | professional services and expenses. |
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98 | 98 | | SECTION 7. This Act takes effect immediately if it receives |
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99 | 99 | | a vote of two-thirds of all the members elected to each house, as |
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100 | 100 | | provided by Section 39, Article III, Texas Constitution. If this |
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101 | 101 | | Act does not receive the vote necessary for immediate effect, this |
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102 | 102 | | Act takes effect September 1, 2009. |
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103 | 103 | | ______________________________ ______________________________ |
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104 | 104 | | President of the Senate Speaker of the House |
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105 | 105 | | I certify that H.B. No. 4257 was passed by the House on May 5, |
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106 | 106 | | 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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107 | 107 | | voting. |
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108 | 108 | | ______________________________ |
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109 | 109 | | Chief Clerk of the House |
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110 | 110 | | I certify that H.B. No. 4257 was passed by the Senate on May |
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111 | 111 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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112 | 112 | | ______________________________ |
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113 | 113 | | Secretary of the Senate |
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114 | 114 | | APPROVED: _____________________ |
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115 | 115 | | Date |
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116 | 116 | | _____________________ |
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117 | 117 | | Governor |
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