Texas 2009 - 81st Regular

Texas Senate Bill SB2093 Compare Versions

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1	1	S.B. No. 2093
2	2
3	3
4	4	AN ACT
5	5	relating to the North Wheeler County Hospital District.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 4, Chapter 260, Acts of the 58th
8	8	Legislature, Regular Session, 1963, is amended to read as follows:
9	9	Sec. 4. DISTRICT MANAGEMENT. The District [Within ten (10)
10	10	days after such election is held the Commissioners Court of said
11	11	County shall convene and canvass the returns thereof and in the
12	12	event such election results favorably to the proposition specified
13	13	in Section 3 hereof, such District] shall be governed by a Board of
14	14	Directors to consist of five (5) members, who shall serve without
15	15	pay. Two Directors are elected from each commissioners precinct
16	16	included in the District, and one Director is elected from the
17	17	District at large. Unless four-year terms are established under
18	18	Section 285.081, Health and Safety Code, Directors serve staggered
19	19	two-year terms. Each such Director must at the time of [his]
20	20	election or appointment [hereunder,] be a resident of the District,
21	21	be a registered voter, [own property subject to taxation therein]
22	22	and be more than eighteen (18) [twenty-one (21)] years of age. A
23	23	person who is elected from a commissioners precinct or who is
24	24	appointed to fill a vacancy for a commissioners precinct must be a
25	25	resident of that precinct. A District employee may not serve as a
26	26	Director. [Not less than fifteen (15) nor more than twenty-five
27	27	(25) days after the District is declared established and created
28	28	the Commissioners Court shall call an election for the five (5)
29	29	Directors who will serve as the District's first Board of
30	30	Directors, this election to be held on a date not more than thirty
31	31	(30) days after the day of the passage of the Commissioners Court
32	32	order calling same but on such date as will permit publication of an
33	33	election notice in a newspaper of general circulation in Wheeler
34	34	County one (1) time not less than ten (10) days prior to such
35	35	election date. Any candidate desiring to be voted upon as a first
36	36	Director shall, no later that three (3) days prior to the day of
37	37	passage of the Commissioners Court order calling the election,
38	38	present a petition to that Court signed by such candidate and not
39	39	less than five (5) qualified voters residing in the candidate's
40	40	voting precinct, requesting that his name be placed upon the
41	41	official ballot. For the purpose of electing Directors, the
42	42	Hospital District shall be divided into five (5) voting precincts
43	43	which shall be made up of the parts of the following school
44	44	districts which lie within the Hospital District, using school
45	45	district boundaries as of January 1, 1963, as follows: Allison,
46	46	Kelton, Briscoe, Wheeler plus any part of Sections 14 and 15 of
47	47	Block 27, H & G.N. Survey that are within the boundaries of the
48	48	Hospital District, and Mobeetie plus any part of Sections 69 and 70
49	49	of Block 24 of H and G.N. Survey that are within the boundaries of
50	50	the Hospital District. Any territory within the Hospital District,
51	51	but not within one of the five (5) school districts, shall be added
52	52	to the nearest Hospital District voting precinct by the action of
53	53	the Board of Directors of the Hospital District. Each voting
54	54	precinct of the Hospital District shall be represented by one (1)
55	55	Director who must reside within the voting precinct. The regular
56	56	term of each Director shall be for two (2) years but after the first
57	57	called election, the Directors by lot shall select three (3)
58	58	Directors for two (2) year terms, and two (2) Directors for one (1)
59	59	year terms. The first year terms shall be ended on the date of the
60	60	first annual election as hereinafter provided. No person shall be
61	61	appointed or elected as a member of the Board of Directors of said
62	62	Hospital District unless he is a resident of the voting precinct
63	63	thereof and owns property subject to taxation therein and unless at
64	64	the time of such election or appointment he shall be more than
65	65	twenty-one (21) years of age.] Each member of the Board of
66	66	Directors shall qualify by executing the constitutional oath of
67	67	office and shall execute a good and sufficient commercial bond for
68	68	One Thousand Dollars ($1,000) payable to said District conditioned
69	69	upon the faithful performance of his duties, and such oaths and
70	70	bonds shall be deposited with the depository bank of the District
71	71	for safekeeping. The cost of this bond shall be an expense of the
72	72	Hospital District.
73	73	The Board of Directors shall organize by electing one (1) of
74	74	their number as president, and one (1) as vice president and one (1)
75	75	as secretary. Any three (3) members of the Board of Directors shall
76	76	constitute a quorum and a concurrence of three (3) shall be
77	77	sufficient in all matters pertaining to the business of the
78	78	District. All vacancies in the office of Director shall be filled
79	79	for the unexpired term by appointment of the remainder of the Board
80	80	of Directors. In the event the number of Directors shall be reduced
81	81	to less than three (3) for any reason, the remaining Directors shall
82	82	immediately call a special election to fill said vacancies, and
83	83	upon failure to do so a District Court may, upon application of any
84	84	voter or taxpayer of the District, issue a mandate requiring that
85	85	such election be ordered by the remaining Directors. An election
86	86	shall be held each year on the May uniform election date prescribed
87	87	by Section 41.001, Election Code, to elect the appropriate number
88	88	of Directors.
89	89	Notice [A regular election of Directors shall be held on the
90	90	same day that the election of trustees of public schools is held
91	91	each year and notice] of such election shall be published in a
92	92	newspaper of general circulation in the County in accordance with
93	93	Section 4.003, Election Code [one (1) time at least ten (10) days
94	94	prior to the date of election]. Any person desiring the person's
95	95	[his] name to be printed on the ballot as a candidate for Director
96	96	shall file an application [a petition, signed by not less than five
97	97	(5) qualified voters residing in the candidate's voting precinct
98	98	asking that such name be printed on the ballot,] with the secretary
99	99	of the Board of Directors of the District in accordance with Chapter
100	100	144, Election Code. [Such petition shall be filed with such
101	101	secretary at least twenty-five (25) days prior to the date of
102	102	election. All qualified electors residing within the District
103	103	shall be eligible to vote for Directors; provided, however, that
104	104	such eligible elector can vote only to select a Director from the
105	105	Hospital District voting precinct of the residence of such
106	106	elector.]
107	107	SECTION 2. Section 6, Chapter 260, Acts of the 58th
108	108	Legislature, Regular Session, 1963, is amended to read as follows:
109	109	Sec. 6. FISCAL YEAR-AUDIT-ACCOUNTING. The District
110	110	operates on a fiscal year established by the Board of Directors.
111	111	The fiscal year may not be changed if revenue bonds are outstanding
112	112	or more than once in a 24-month period. The Board [shall be
113	113	operated on a fiscal year commencing on October 1st of each year and
114	114	ending on September 30th of the succeeding year and it] shall cause
115	115	an audit to be made of the financial condition of said District
116	116	which shall at all times be open to inspection at the principal
117	117	office of the District. In addition the Administrator or Manager
118	118	shall prepare an annual budget for approval by the Board of
119	119	Directors of said District. As soon as practical after the close of
120	120	each fiscal year the Administrator or Manager shall prepare for the
121	121	Board a full sworn statement of all moneys belonging to the District
122	122	and a full account of the disbursements of same.
123	123	SECTION 3. Chapter 260, Acts of the 58th Legislature,
124	124	Regular Session, 1963, is amended by adding Sections 7A, 7B, and 7C
125	125	to read as follows:
126	126	Sec. 7A. REVENUE BONDS. (a) The Board of Directors may
127	127	issue revenue bonds to:
128	128	(1) purchase, construct, acquire, repair, renovate,
129	129	or equip buildings or improvements for hospital system purposes; or
130	130	(2) acquire sites to be used for hospital system
131	131	purposes.
132	132	(b) The bonds must be payable from and secured by a pledge of
133	133	all or part of the revenue derived from the operation of the
134	134	District's hospitals.
135	135	(c) The bonds may be additionally secured by a mortgage or
136	136	deed of trust lien on all or part of the District property.
137	137	(d) The bonds must be issued in the manner and in accordance
138	138	with the procedures and requirements prescribed by Sections
139	139	264.042, 264.043, and 264.046-264.049, Health and Safety Code, for
140	140	issuance of revenue bonds by a county hospital authority.
141	141	Sec. 7B. ADDITIONAL MEANS OF SECURING REPAYMENT OF BONDS.
142	142	(a) In addition to the authority to issue general obligation bonds
143	143	and revenue bonds under this Act, the Board of Directors may provide
144	144	for the security and payment of District bonds from a pledge of a
145	145	combination of ad valorem taxes as authorized by Section 7 of this
146	146	Act and revenue and other sources as authorized by Section 7A of
147	147	this Act.
148	148	(b) Bonds, other than refunding bonds, that the Board
149	149	proposes to secure wholly or partly by an ad valorem tax must be
150	150	approved at an election held in the District in accordance with
151	151	Section 7 of this Act.
152	152	Sec. 7C. USE OF BOND PROCEEDS. The District may use the
153	153	proceeds of bonds issued under this Act to pay:
154	154	(1) any expense the Board of Directors determines is
155	155	reasonable and necessary to issue, sell, and deliver the bonds;
156	156	(2) interest payments on the bonds during a period of
157	157	acquisition or construction of a project or facility to be provided
158	158	through the bonds, not to exceed five years;
159	159	(3) costs related to the operation and maintenance of
160	160	a project or facility to be provided through the bonds:
161	161	(A) during an estimated period of acquisition or
162	162	construction, not to exceed five years; and
163	163	(B) for one year after the project or facility is
164	164	acquired or constructed;
165	165	(4) costs related to the financing of the bond funds,
166	166	including debt service reserve and contingency funds;
167	167	(5) costs related to the bond issuance;
168	168	(6) costs related to the acquisition of land or
169	169	interests in land for a project or facility to be provided through
170	170	the bonds; and
171	171	(7) costs of construction of a project or facility to
172	172	be provided through the bonds, including the payment of related
173	173	professional services and expenses.
174	174	SECTION 4. Chapter 260, Acts of the 58th Legislature,
175	175	Regular Session, 1963, is amended by adding Section 22 to read as
176	176	follows:
177	177	Sec. 22. DISSOLUTION; ELECTION. (a) The District may be
178	178	dissolved only if the dissolution is approved by a majority of the
179	179	registered voters of the District voting in an election held for
180	180	that purpose.
181	181	(b) The Board of Directors may order an election on the
182	182	question of dissolving the District and disposing of the District's
183	183	assets and obligations. The Board shall order an election if the
184	184	Board receives a petition requesting an election that is signed by a
185	185	number of registered voters of the District equal to at least 15
186	186	percent of the registered voters in the District.
187	187	(c) Section 41.001, Election Code, does not apply to an
188	188	election ordered under this section.
189	189	(d) The order calling an election under this section must
190	190	state:
191	191	(1) the nature of the election, including the
192	192	proposition that is to appear on the ballot;
193	193	(2) the date of the election;
194	194	(3) the hours during which the polls will be open; and
195	195	(4) the location of the polling places.
196	196	(e) The Board of Directors shall give notice of the election
197	197	by publishing a substantial copy of the election order in a
198	198	newspaper with general circulation in the District once a week for
199	199	two consecutive weeks. The first publication must appear not later
200	200	than the 35th day before the date set for the election.
201	201	(f) The ballot for the election must be printed to permit
202	202	voting for or against the proposition: "The dissolution of the
203	203	North Wheeler County Hospital District."
204	204	(g) If a majority of the votes in the election favor
205	205	dissolution, the Board of Directors shall find that the District is
206	206	dissolved. If a majority of the votes in the election do not favor
207	207	dissolution, the Board shall continue to administer the District,
208	208	and another election on the question of dissolution may not be held
209	209	before the first anniversary of the most recent election to
210	210	dissolve the District.
211	211	(h) If a majority of the votes in the election favor
212	212	dissolution, the Board of Directors shall:
213	213	(1) transfer the land, buildings, improvements,
214	214	equipment, and other assets that belong to the District to Wheeler
215	215	County or another governmental entity in Wheeler County; or
216	216	(2) administer the property, assets, and debts until
217	217	all money has been disposed of and all District debts have been paid
218	218	or settled.
219	219	(i) If the District transfers the land, buildings,
220	220	improvements, equipment, and other assets to Wheeler County or
221	221	another governmental entity, the county or entity assumes all debts
222	222	and obligations of the District at the time of the transfer, and the
223	223	District is dissolved.
224	224	(j) If the District does not transfer the land, buildings,
225	225	improvements, equipment, and other assets to Wheeler County or
226	226	another governmental entity, the Board of Directors shall
227	227	administer the property, assets, and debts of the District until
228	228	all funds have been disposed of and all District debts have been
229	229	paid or settled, at which time the District is dissolved.
230	230	(k) After the Board of Directors finds that the District is
231	231	dissolved, the Board shall:
232	232	(1) determine any debt owed by the District; and
233	233	(2) impose on the property included in the District's
234	234	tax rolls a tax that is in proportion of the debt to the property
235	235	value.
236	236	(l) When all outstanding debts and obligations of the
237	237	District are paid, the Board of Directors shall order the secretary
238	238	to return to each District taxpayer the taxpayer's pro rata share of
239	239	all unused tax money.
240	240	(m) A taxpayer may request that the taxpayer's share of
241	241	surplus tax money be credited to the taxpayer's county taxes. If a
242	242	taxpayer requests the credit, the Board of Directors shall direct
243	243	the secretary to transmit the money to the county tax
244	244	assessor-collector.
245	245	(n) After the District has paid all its debts and has
246	246	disposed of all its assets and money as prescribed by this section,
247	247	the Board of Directors shall file a written report with the
248	248	Commissioners Court of Wheeler County summarizing the Board's
249	249	actions in dissolving the District.
250	250	(o) Not later than the 10th day after the date it receives
251	251	the report and determines that the requirements of this section
252	252	have been fulfilled, the Commissioners Court of Wheeler County
253	253	shall enter an order dissolving the District and releasing the
254	254	Board of Directors of the District from any further duty or
255	255	obligation.
256	256	SECTION 5. (a) The election of three directors of the
257	257	North Wheeler County Hospital District scheduled before the
258	258	effective date of this Act to be held in May 2010 shall be held, and
259	259	two directors shall be elected from Precinct 2 and one director
260	260	shall be elected from the district at large. The directors elected
261	261	at the election shall serve two-year terms.
262	262	(b) The election of two directors of the district scheduled
263	263	before the effective date of this Act to be held in May 2011 shall be
264	264	held, and two directors shall be elected from Precinct 1. The
265	265	directors elected at the election shall serve two-year terms.
266	266	SECTION 6. This Act takes effect immediately if it receives
267	267	a vote of two-thirds of all the members elected to each house, as
268	268	provided by Section 39, Article III, Texas Constitution. If this
269	269	Act does not receive the vote necessary for immediate effect, this
270	270	Act takes effect September 1, 2009.
271	271	______________________________ ______________________________
272	272	President of the Senate Speaker of the House
273	273	I hereby certify that S.B. No. 2093 passed the Senate on
274	274	April 30, 2009, by the following vote: Yeas 31, Nays 0.
275	275	______________________________
276	276	Secretary of the Senate
277	277	I hereby certify that S.B. No. 2093 passed the House on
278	278	May 26, 2009, by the following vote: Yeas 145, Nays 0, one
279	279	present not voting.
280	280	______________________________
281	281	Chief Clerk of the House
282	282	Approved:
283	283	______________________________
284	284	Date
285	285	______________________________
286	286	Governor