Texas 2009 - 81st Regular

Texas Senate Bill SB1986 Compare Versions

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1	1	By: Estes S.B. No. 1986
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the Gainesville Hospital District.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 5, Chapter 211, Acts of the 64th
9	9	Legislature, Regular Session, 1975, is amended by adding
10	10	Subsections (c-1) and (c-2) to read as follows:
11	11	(c-1) The board of directors may employ physicians or other
12	12	health care providers as the board considers necessary for the
13	13	efficient operation of the district.
14	14	(c-2) Subsections (c) and (c-1) do not authorize the board
15	15	of directors to supervise or control the practice of medicine, as
16	16	prohibited by Subtitle B, Title 3, Occupations Code.
17	17	SECTION 2. Chapter 211, Acts of the 64th Legislature,
18	18	Regular Session, 1975, is amended by adding Section 5A to read as
19	19	follows:
20	20	Sec. 5A. (a) The board may borrow money at a rate not to
21	21	exceed the maximum annual percentage rate allowed by law for
22	22	district obligations at the time the loan is made.
23	23	(b) To secure a loan, the board may pledge:
24	24	(1) district revenue that is not pledged to pay the
25	25	district's bonded indebtedness;
26	26	(2) a district tax to be imposed by the district in the
27	27	next 12-month period following the date of the pledge that is not
28	28	pledged to pay the principal of or interest on district bonds; or
29	29	(3) a district bond that has been authorized but not
30	30	sold.
31	31	(c) A loan for which taxes or bonds are pledged must mature
32	32	not later than the first anniversary of the date the loan is made. A
33	33	loan for which district revenue is pledged must mature not later
34	34	than the fifth anniversary of the date the loan is made.
35	35	SECTION 3. Chapter 211, Acts of the 64th Legislature,
36	36	Regular Session, 1975, is amended by adding Sections 9A and 9B to
37	37	read as follows:
38	38	Sec. 9A. In addition to the authority to issue general
39	39	obligation bonds and revenue bonds under this Act, the board may
40	40	provide for the security and payment of district bonds from a pledge
41	41	of a combination of ad valorem taxes, revenue, and other sources
42	42	authorized by Section 9 of this Act.
43	43	Sec. 9B. The district may use the proceeds of bonds issued
44	44	under this Act to pay:
45	45	(1) any expense the board determines is reasonable and
46	46	necessary to insure, sell, and deliver the bonds;
47	47	(2) interest payments on the bonds during a period of
48	48	acquisition or construction of a project or facility to be provided
49	49	through the bonds, not to exceed five years;
50	50	(3) costs related to the operation and maintenance of
51	51	a project or facility to be provided through the bonds:
52	52	(A) during an estimated period of acquisition or
53	53	construction, not to exceed five years; and
54	54	(B) for one year after the project or facility is
55	55	acquired or constructed;
56	56	(4) costs related to the financing of the bond funds,
57	57	including debt service reserve and contingency funds;
58	58	(5) costs related to the bond issuance;
59	59	(6) costs related to the acquisition of land or
60	60	interests in land for a project or facility to be provided through
61	61	the bonds; and
62	62	(7) costs of construction of a project or facility to
63	63	be provided through the bonds, including the payment of related
64	64	professional services and expenses.
65	65	SECTION 4. Chapter 211, Acts of the 64th Legislature,
66	66	Regular Session, 1975, is amended by adding Section 22 to read as
67	67	follows:
68	68	Sec. 22. (a) The district may be dissolved only on
69	69	approval of a majority of the district voters voting in an election
70	70	held for that purpose.
71	71	(b) The board may order an election on the question of
72	72	dissolving the district and disposing of the district's assets and
73	73	obligations.
74	74	(c) The board shall order an election if the board receives
75	75	a petition requesting an election that is signed by at least 15
76	76	percent of the registered voters in the district.
77	77	(d) The order calling the election must state:
78	78	(1) the nature of the election, including the
79	79	proposition to appear on the ballot;
80	80	(2) the date of the election;
81	81	(3) the hours during which the polls will be open; and
82	82	(4) the location of the polling places.
83	83	(e) Section 41.001(a), Election Code, does not apply to an
84	84	election ordered under this section.
85	85	(f) The board shall give notice of an election under this
86	86	section by publishing once a week for two consecutive weeks a
87	87	substantial copy of the election order in a newspaper with general
88	88	circulation in the district. The first publication of the notice
89	89	must appear not later than the 35th day before the date of the
90	90	election.
91	91	(g) The ballot for an election under this section must be
92	92	printed to permit voting for or against the proposition: "The
93	93	dissolution of the Gainesville Hospital District."
94	94	(h) If a majority of the votes in an election under this
95	95	section favor dissolution, the board shall find that the district
96	96	is dissolved. If a majority of the votes in the election do not
97	97	favor dissolution, the board shall continue to administer the
98	98	district and another election on the question of dissolution may
99	99	not be held before the first anniversary of the date of the most
100	100	recent election on the question of dissolution.
101	101	(i) If a majority of the votes in the election held under
102	102	this section favor dissolution, the board shall:
103	103	(1) transfer the land, buildings, improvements,
104	104	equipment, and other assets that belong to the district to Cooke
105	105	County or another governmental entity in Cooke County only if Cooke
106	106	County or the other governmental entity consents to such transfer;
107	107	or
108	108	(2) administer the property, assets, and debts until
109	109	all money has been disposed of and all district debts have been paid
110	110	or settled.
111	111	(j) If the district makes the transfer under Subsection
112	112	(i)(1), the county or entity assumes all debts and obligations of
113	113	the district at the time of the transfer, and the district is
114	114	dissolved. If Subsection (i)(1) does not apply and the board
115	115	administers the property, assets, and debts of the district under
116	116	Subsection (i)(2), the district is dissolved when all money has
117	117	been disposed of and all district debts have been paid or settled.
118	118	(k) After the board finds that the district is dissolved,
119	119	the board shall:
120	120	(1) determine the debt owed by the district; and
121	121	(2) impose on the property included in the district's
122	122	tax rolls a tax that is in proportion of the debt to the property
123	123	value.
124	124	(l) On the payment of all outstanding debts and obligations
125	125	of the district, the board shall order the secretary to return to
126	126	each district taxpayer the taxpayer's pro rata share of all unused
127	127	tax money. A taxpayer may request that the taxpayer's share of
128	128	surplus tax money be credited to the taxpayer's county taxes. If a
129	129	taxpayer requests the credit, the board shall direct the secretary
130	130	to transmit the money to the county tax assessor-collector.
131	131	(m) After the district has paid all its debts and has
132	132	disposed of all its money and other assets as prescribed by this
133	133	section, the board shall file a written report with the
134	134	Commissioners Court of Cooke County summarizing the board's actions
135	135	in dissolving the district.
136	136	(n) Not later than the 10th day after the date the
137	137	Commissioners Court of Cooke County receives the report and
138	138	determines that the requirements of this subchapter have been
139	139	fulfilled, the commissioners court shall enter an order dissolving
140	140	the district and releasing the board from any further duty or
141	141	obligation.
142	142	SECTION 5. This Act takes effect immediately if it receives
143	143	a vote of two-thirds of all the members elected to each house, as
144	144	provided by Section 39, Article III, Texas Constitution. If this
145	145	Act does not receive the vote necessary for immediate effect, this
146	146	Act takes effect September 1, 2009.