Texas 2009 - 81st Regular

Texas House Bill HB694 Compare Versions

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1	1	H.B. No. 694
2	2
3	3
4	4	AN ACT
5	5	relating to Gonzales Healthcare Systems.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 1032.051(b), Special District Local Laws
8	8	Code, is amended to read as follows:
9	9	(b) Directors serve staggered [two-year terms unless]
10	10	four-year terms [are established under Section 285.081, Health and
11	11	Safety Code].
12	12	SECTION 2. Section 1032.052, Special District Local Laws
13	13	Code, is amended to read as follows:
14	14	Sec. 1032.052. NOTICE OF ELECTION. Notice [At least 45
15	15	days before the date of an election of directors, notice] of an
16	16	[the] election of directors shall be published in accordance with
17	17	Section 4.003, Election Code, [one time] in a newspaper or
18	18	newspapers that individually or collectively have general
19	19	circulation in the district.
20	20	SECTION 3. Section 1032.110, Special District Local Laws
21	21	Code, is amended to read as follows:
22	22	Sec. 1032.110. CONSTRUCTION CONTRACTS. A construction
23	23	contract that involves the expenditure of more than the amount
24	24	provided by Section 271.024, Local Government Code, [$10,000] may
25	25	be made only after competitive bidding [advertising] in the manner
26	26	provided by Subchapter B, Chapter 271 [Chapter 252 and Subchapter
27	27	C, Chapter 262], Local Government Code.
28	28	SECTION 4. Subchapter D, Chapter 1032, Special District
29	29	Local Laws Code, is amended by adding Section 1032.161 to read as
30	30	follows:
31	31	Sec. 1032.161. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
32	32	(a) The board may borrow money at a rate not to exceed the maximum
33	33	annual percentage rate allowed by law for district obligations at
34	34	the time the loan is made.
35	35	(b) To secure a loan, the board may pledge:
36	36	(1) district revenue that is not pledged to pay the
37	37	district's bonded indebtedness;
38	38	(2) a district tax to be imposed by the district in the
39	39	next 12-month period following the date of the pledge that is not
40	40	pledged to pay the principal of or interest on district bonds; or
41	41	(3) a district bond that has been authorized but not
42	42	sold.
43	43	(c) A loan for which taxes or bonds are pledged must mature
44	44	not later than the first anniversary of the date the loan is made. A
45	45	loan for which district revenue is pledged must mature not later
46	46	than the fifth anniversary of the date the loan is made.
47	47	SECTION 5. Subchapter E, Chapter 1032, Special District
48	48	Local Laws Code, is amended by adding Sections 1032.209 and
49	49	1032.210 to read as follows:
50	50	Sec. 1032.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF
51	51	BONDS. In addition to the authority to issue general obligation
52	52	bonds and revenue bonds under this subchapter, the board may
53	53	provide for the security and payment of district bonds from a pledge
54	54	of a combination of ad valorem taxes as authorized by Section
55	55	1032.202 and revenue and other sources authorized by Section
56	56	1032.206.
57	57	Sec. 1032.210. USE OF BOND PROCEEDS. The district may use
58	58	the proceeds of bonds issued under this subchapter to pay:
59	59	(1) any expense the board determines is reasonable and
60	60	necessary to issue, sell, and deliver the bonds;
61	61	(2) interest payments on the bonds during a period of
62	62	acquisition or construction of a project or facility to be provided
63	63	through the bonds, not to exceed five years;
64	64	(3) costs related to the operation and maintenance of
65	65	a project or facility to be provided through the bonds:
66	66	(A) during an estimated period of acquisition or
67	67	construction, not to exceed five years; and
68	68	(B) for one year after the project or facility is
69	69	acquired or constructed;
70	70	(4) costs related to the financing of the bond funds,
71	71	including debt service reserve and contingency funds;
72	72	(5) costs related to the bond issuance;
73	73	(6) costs related to the acquisition of land or
74	74	interests in land for a project or facility to be provided through
75	75	the bonds; and
76	76	(7) costs of construction of a project or facility to
77	77	be provided through the bonds, including the payment of related
78	78	professional services and expenses.
79	79	SECTION 6. Chapter 1032, Special District Local Laws Code,
80	80	is amended by adding Subchapter G to read as follows:
81	81	SUBCHAPTER G. DISSOLUTION
82	82	Sec. 1032.301. DISSOLUTION; ELECTION. (a) The district
83	83	may be dissolved only on approval of a majority of the district
84	84	voters voting in an election held for that purpose.
85	85	(b) The board may order an election on the question of
86	86	dissolving the district and disposing of the district's assets and
87	87	obligations.
88	88	(c) The board shall order an election if the board receives
89	89	a petition requesting an election that is signed by at least 30
90	90	percent of the registered voters in the district.
91	91	(d) The order calling the election must state:
92	92	(1) the nature of the election, including the
93	93	proposition to appear on the ballot;
94	94	(2) the date of the election;
95	95	(3) the hours during which the polls will be open; and
96	96	(4) the location of the polling places.
97	97	(e) Section 41.001(a), Election Code, does not apply to an
98	98	election ordered under this section.
99	99	Sec. 1032.302. NOTICE OF ELECTION. (a) The board shall
100	100	give notice of an election under this subchapter by publishing once
101	101	a week for two consecutive weeks a substantial copy of the election
102	102	order in a newspaper with general circulation in the district.
103	103	(b) The first publication of the notice must appear not
104	104	later than the 35th day before the date of the election.
105	105	Sec. 1032.303. BALLOT. The ballot for an election under
106	106	this subchapter must be printed to permit voting for or against the
107	107	proposition: "The dissolution of Gonzales Healthcare Systems."
108	108	Sec. 1032.304. ELECTION RESULTS. (a) If a majority of the
109	109	votes in an election under this subchapter favor dissolution, the
110	110	board shall find that the district is dissolved.
111	111	(b) If a majority of the votes in the election do not favor
112	112	dissolution, the board shall continue to administer the district
113	113	and another election on the question of dissolution may not be held
114	114	before the first anniversary of the date of the most recent election
115	115	on the question of dissolution.
116	116	Sec. 1032.305. TRANSFER OF ADMINISTRATION OF ASSETS. (a)
117	117	If a majority of the votes in the election held under this
118	118	subchapter favor dissolution, the board shall:
119	119	(1) transfer the land, buildings, improvements,
120	120	equipment, and other assets that belong to the district to Gonzales
121	121	County or another governmental entity in Gonzales County; or
122	122	(2) administer the property, assets, and debts until
123	123	all money has been disposed of and all district debts have been paid
124	124	or settled.
125	125	(b) If the district makes the transfer under Subsection
126	126	(a)(1), the county or entity assumes all debts and obligations of
127	127	the district at the time of the transfer, and the district is
128	128	dissolved.
129	129	(c) If Subsection (a)(1) does not apply and the board
130	130	administers the property, assets, and debts of the district under
131	131	Subsection (a)(2), the district is dissolved when all money has
132	132	been disposed of and all district debts have been paid or settled.
133	133	Sec. 1032.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
134	134	TAXES. (a) After the board finds that the district is dissolved,
135	135	the board shall:
136	136	(1) determine the debt owed by the district; and
137	137	(2) impose on the property included in the district's
138	138	tax rolls a tax that is in proportion of the debt to the property
139	139	value.
140	140	(b) On the payment of all outstanding debts and obligations
141	141	of the district, the board shall order the secretary to return to
142	142	each district taxpayer the taxpayer's pro rata share of all unused
143	143	tax money.
144	144	(c) A taxpayer may request that the taxpayer's share of
145	145	surplus tax money be credited to the taxpayer's county taxes. If a
146	146	taxpayer requests the credit, the board shall direct the secretary
147	147	to transmit the money to the county tax assessor-collector.
148	148	Sec. 1032.307. REPORT; DISSOLUTION ORDER. (a) After the
149	149	district has paid all its debts and has disposed of all its money
150	150	and other assets as prescribed by this subchapter, the board shall
151	151	file a written report with the Commissioners Court of Gonzales
152	152	County summarizing the board's actions in dissolving the district.
153	153	(b) Not later than the 10th day after the date the
154	154	Commissioners Court of Gonzales County receives the report and
155	155	determines that the requirements of this subchapter have been
156	156	fulfilled, the commissioners court shall enter an order dissolving
157	157	the district and releasing the board from any further duty or
158	158	obligation.
159	159	SECTION 7. Section 1032.053, Special District Local Laws
160	160	Code, is repealed.
161	161	SECTION 8. (a) All elections for directors of Gonzales
162	162	Healthcare Systems held before the effective date of this Act, and
163	163	all governmental and proprietary actions of Gonzales Healthcare
164	164	Systems taken before the effective date of this Act, are validated,
165	165	ratified, and confirmed in all respects as if the actions had been
166	166	taken as authorized by law.
167	167	(b) This section does not apply to any matter that on the
168	168	effective date of this Act:
169	169	(1) is involved in litigation if the litigation
170	170	ultimately results in the matter being held invalid by a final
171	171	judgment of a court; or
172	172	(2) has been held invalid by a final judgment of a
173	173	court.
174	174	SECTION 9. This Act takes effect immediately if it receives
175	175	a vote of two-thirds of all the members elected to each house, as
176	176	provided by Section 39, Article III, Texas Constitution. If this
177	177	Act does not receive the vote necessary for immediate effect, this
178	178	Act takes effect September 1, 2009.
179	179	______________________________ ______________________________
180	180	President of the Senate Speaker of the House
181	181	I certify that H.B. No. 694 was passed by the House on May 15,
182	182	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
183	183	voting.
184	184	______________________________
185	185	Chief Clerk of the House
186	186	I certify that H.B. No. 694 was passed by the Senate on May
187	187	26, 2009, by the following vote: Yeas 31, Nays 0.
188	188	______________________________
189	189	Secretary of the Senate
190	190	APPROVED: _____________________
191	191	Date
192	192	_____________________
193	193	Governor