Texas 2009 - 81st Regular

Texas House Bill HB4745 Compare Versions

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1	1	H.B. No. 4745
2	2
3	3
4	4	AN ACT
5	5	relating to the Lockney General Hospital District.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 1052.052, Special District Local Laws
8	8	Code, as effective April 1, 2009, is amended to read as follows:
9	9	Sec. 1052.052. NOTICE OF ELECTION. Notice [At least five
10	10	days before the date of an election of directors, notice] of an
11	11	[the] election of directors shall be published [one time] in a
12	12	newspaper of general circulation in the area of the district in
13	13	accordance with Section 4.003, Election Code.
14	14	SECTION 2. Section 1052.054, Special District Local Laws
15	15	Code, as effective April 1, 2009, is amended to read as follows:
16	16	Sec. 1052.054. QUALIFICATIONS FOR OFFICE. (a) A person may
17	17	not be elected or appointed as a director unless the person is:
18	18	(1) a district resident; and
19	19	(2) a qualified voter.
20	20	(b) A person is not eligible to serve as a director if the
21	21	person is a district employee. [To be eligible to hold office as a
22	22	director, a person must be a resident property-owning taxpaying
23	23	voter of the district.]
24	24	SECTION 3. Section 1052.110, Special District Local Laws
25	25	Code, as effective April 1, 2009, is amended to read as follows:
26	26	Sec. 1052.110. CONSTRUCTION CONTRACTS. A construction
27	27	contract that involves the expenditure of more than the amount
28	28	provided by Section 271.024, Local Government Code, [$2,000] may be
29	29	made only after competitive bidding [advertising] in the manner
30	30	provided by Subchapter B, Chapter 271 [Chapter 252 and Subchapter
31	31	C, Chapter 262], Local Government Code.
32	32	SECTION 4. Subchapter B, Chapter 1052, Special District
33	33	Local Laws Code, is amended by adding Section 1052.061 to read as
34	34	follows:
35	35	Sec. 1052.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
36	36	(a) The board may spend district money, enter into agreements, and
37	37	take other necessary action to recruit physicians and other persons
38	38	to serve as medical staff members or district employees, including:
39	39	(1) advertising and marketing;
40	40	(2) paying travel, recruitment, and relocation
41	41	expenses; and
42	42	(3) providing a loan or scholarship to a physician or a
43	43	person who:
44	44	(A) is currently enrolled in health care
45	45	education courses at an institution of higher education; and
46	46	(B) contractually agrees to become a district
47	47	employee or medical staff member.
48	48	(b) The board may spend district money, enter into
49	49	agreements, and take other necessary action to pay tuition or other
50	50	expenses of a full-time medical student or other student who:
51	51	(1) is currently enrolled and in good standing in a
52	52	medical school or another health care program at an institution of
53	53	higher education; and
54	54	(2) contractually agrees to become a district employee
55	55	or independent contractor for the district.
56	56	SECTION 5. Subchapter D, Chapter 1052, Special District
57	57	Local Laws Code, as effective April 1, 2009, is amended by adding
58	58	Section 1052.160 to read as follows:
59	59	Sec. 1052.160. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
60	60	(a) The board may borrow money at a rate not to exceed the maximum
61	61	annual percentage rate allowed by law for district obligations at
62	62	the time the loan is made.
63	63	(b) To secure a loan, the board may pledge:
64	64	(1) district revenue that is not pledged to pay the
65	65	district's bonded indebtedness;
66	66	(2) a district tax to be imposed by the district in the
67	67	next 12-month period following the date of the pledge that is not
68	68	pledged to pay the principal of or interest on district bonds; or
69	69	(3) a district bond that has been authorized but not
70	70	sold.
71	71	(c) A loan for which taxes or bonds are pledged must mature
72	72	not later than the first anniversary of the date the loan is made. A
73	73	loan for which district revenue is pledged must mature not later
74	74	than the fifth anniversary of the date the loan is made.
75	75	SECTION 6. Subchapter E, Chapter 1052, Special District
76	76	Local Laws Code, as effective April 1, 2009, is amended by adding
77	77	Sections 1052.209 and 1052.210 to read as follows:
78	78	Sec. 1052.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF
79	79	BONDS. In addition to the authority to issue general obligation
80	80	bonds and revenue bonds under this subchapter, the board may
81	81	provide for the security and payment of district bonds from a pledge
82	82	of a combination of ad valorem taxes as authorized by Section
83	83	1052.202 and revenue and other sources authorized by Section
84	84	1052.204.
85	85	Sec. 1052.210. USE OF BOND PROCEEDS. The district may use
86	86	the proceeds of bonds issued under this subchapter to pay:
87	87	(1) any expense the board determines is reasonable and
88	88	necessary to issue, sell, and deliver the bonds;
89	89	(2) interest payments on the bonds during a period of
90	90	acquisition or construction of a project or facility to be provided
91	91	through the bonds, not to exceed five years;
92	92	(3) costs related to the operation and maintenance of
93	93	a project or facility to be provided through the bonds:
94	94	(A) during an estimated period of acquisition or
95	95	construction, not to exceed five years; and
96	96	(B) for one year after the project or facility is
97	97	acquired or constructed;
98	98	(4) costs related to the financing of the bond funds,
99	99	including debt service reserve and contingency funds;
100	100	(5) costs related to the bond issuance;
101	101	(6) costs related to the acquisition of land or
102	102	interests in land for a project or facility to be provided through
103	103	the bonds; and
104	104	(7) costs of construction of a project or facility to
105	105	be provided through the bonds, including the payment of related
106	106	professional services and expenses.
107	107	SECTION 7. Chapter 1052, Special District Local Laws Code,
108	108	as effective April 1, 2009, is amended by adding Subchapter G to
109	109	read as follows:
110	110	SUBCHAPTER G. DISSOLUTION
111	111	Sec. 1052.301. DISSOLUTION; ELECTION. (a) The district
112	112	may be dissolved only on approval of a majority of the district
113	113	voters voting in an election held for that purpose.
114	114	(b) The board may order an election on the question of
115	115	dissolving the district and disposing of the district's assets and
116	116	obligations.
117	117	(c) The board shall order an election if the board receives
118	118	a petition requesting an election that is signed by at least 15
119	119	percent of the registered voters in the district.
120	120	(d) The order calling the election must state:
121	121	(1) the nature of the election, including the
122	122	proposition to appear on the ballot;
123	123	(2) the date of the election;
124	124	(3) the hours during which the polls will be open; and
125	125	(4) the location of the polling places.
126	126	(e) Section 41.001(a), Election Code, does not apply to an
127	127	election ordered under this section.
128	128	Sec. 1052.302. NOTICE OF ELECTION. (a) The board shall
129	129	give notice of an election under this subchapter by publishing once
130	130	a week for two consecutive weeks a substantial copy of the election
131	131	order in a newspaper with general circulation in the district.
132	132	(b) The first publication of the notice must appear not
133	133	later than the 35th day before the date of the election.
134	134	Sec. 1052.303. BALLOT. The ballot for an election under
135	135	this subchapter must be printed to permit voting for or against the
136	136	proposition: "The dissolution of the Lockney General Hospital
137	137	District."
138	138	Sec. 1052.304. ELECTION RESULTS. (a) If a majority of the
139	139	votes in an election under this subchapter favor dissolution, the
140	140	board shall find that the district is dissolved.
141	141	(b) If a majority of the votes in the election do not favor
142	142	dissolution, the board shall continue to administer the district
143	143	and another election on the question of dissolution may not be held
144	144	before the first anniversary of the date of the most recent election
145	145	on the question of dissolution.
146	146	Sec. 1052.305. TRANSFER OF ADMINISTRATION OF ASSETS. (a)
147	147	If a majority of the votes in the election held under this
148	148	subchapter favor dissolution, the board shall:
149	149	(1) transfer the land, buildings, improvements,
150	150	equipment, and other assets that belong to the district to Floyd
151	151	County or another governmental entity in Floyd County; or
152	152	(2) administer the property, assets, and debts until
153	153	all money has been disposed of and all district debts have been paid
154	154	or settled.
155	155	(b) If the district makes the transfer under Subsection
156	156	(a)(1), the county or entity assumes all debts and obligations of
157	157	the district at the time of the transfer, and the district is
158	158	dissolved.
159	159	(c) If Subsection (a)(1) does not apply and the board
160	160	administers the property, assets, and debts of the district under
161	161	Subsection (a)(2), the district is dissolved when all money has
162	162	been disposed of and all district debts have been paid or settled.
163	163	Sec. 1052.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
164	164	TAXES. (a) After the board finds that the district is dissolved,
165	165	the board shall:
166	166	(1) determine the debt owed by the district; and
167	167	(2) impose on the property included in the district's
168	168	tax rolls a tax that is in proportion of the debt to the property
169	169	value.
170	170	(b) On the payment of all outstanding debts and obligations
171	171	of the district, the board shall order the secretary to return to
172	172	each district taxpayer the taxpayer's pro rata share of all unused
173	173	tax money.
174	174	(c) A taxpayer may request that the taxpayer's share of
175	175	surplus tax money be credited to the taxpayer's county taxes. If a
176	176	taxpayer requests the credit, the board shall direct the secretary
177	177	to transmit the money to the county tax assessor-collector.
178	178	Sec. 1052.307. REPORT; DISSOLUTION ORDER. (a) After the
179	179	district has paid all its debts and has disposed of all its money
180	180	and other assets as prescribed by this subchapter, the board shall
181	181	file a written report with the Commissioners Court of Floyd County
182	182	summarizing the board's actions in dissolving the district.
183	183	(b) Not later than the 10th day after the date the
184	184	Commissioners Court of Floyd County receives the report and
185	185	determines that the requirements of this subchapter have been
186	186	fulfilled, the commissioners court shall enter an order dissolving
187	187	the district and releasing the board from any further duty or
188	188	obligation.
189	189	SECTION 8. Sections 1052.053 and 1052.056(b), Special
190	190	District Local Laws Code, as effective April 1, 2009, are repealed.
191	191	SECTION 9. The changes in law made by this Act to the
192	192	qualifications of and the prohibitions applying to members of the
193	193	board of directors of the Lockney General Hospital District do not
194	194	affect the entitlement of a member serving on the board immediately
195	195	before the effective date of this Act to continue to carry out the
196	196	functions of the board for the remainder of the member's term. The
197	197	changes in law apply only to a member appointed on or after the
198	198	effective date of this Act. This Act does not prohibit a person who
199	199	is a member of the board on the effective date of this Act from being
200	200	reappointed to the board if the person has the qualifications
201	201	required for membership under Section 1052.054, Special District
202	202	Local Laws Code, as amended by this Act.
203	203	SECTION 10. This Act takes effect immediately if it
204	204	receives a vote of two-thirds of all the members elected to each
205	205	house, as provided by Section 39, Article III, Texas Constitution.
206	206	If this Act does not receive the vote necessary for immediate
207	207	effect, this Act takes effect September 1, 2009.
208	208	______________________________ ______________________________
209	209	President of the Senate Speaker of the House
210	210	I certify that H.B. No. 4745 was passed by the House on May
211	211	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
212	212	voting.
213	213	______________________________
214	214	Chief Clerk of the House
215	215	I certify that H.B. No. 4745 was passed by the Senate on May
216	216	25, 2009, by the following vote: Yeas 31, Nays 0.
217	217	______________________________
218	218	Secretary of the Senate
219	219	APPROVED: _____________________
220	220	Date
221	221	_____________________
222	222	Governor