Texas 2009 - 81st Regular

Texas Senate Bill SB2499 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R20570 TJS-F
2	2	By: Seliger S.B. No. 2499
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Martin County Hospital District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 3, Chapter 674, Acts of the 60th
10	10	Legislature, Regular Session, 1967, is amended to read as follows:
11	11	Sec. 3. (a) The Board of Hospital Managers consists of six
12	12	managers appointed by the Martin County Commissioners Court.
13	13	Managers serve staggered two-year terms, with three managers
14	14	appointed each year. To be qualified to serve as a manager, a
15	15	person must be a Hospital District resident and a registered voter.
16	16	An employee of the District may not serve as a manager. [As soon as
17	17	the Hospital District is created and authorized at the election
18	18	hereinabove provided, the Commissioners Court shall appoint a Board
19	19	of Hospital Managers, consisting of six (6) members, three of whom
20	20	shall serve for a term of two (2) years and three of whom shall serve
21	21	for a term of one (1) year; thereafter, three members shall be
22	22	appointed each year to serve for a term of two (2) years.] Failure
23	23	of any member of the Board of Hospital Managers to attend three (3)
24	24	consecutive regular meetings of the Board shall cause a vacancy in
25	25	his office, unless such absence is excused by formal action of the
26	26	Board. In the event a vacancy occurs on the Board of Hospital
27	27	Managers, the remaining members shall appoint a member to fill such
28	28	vacancy for the remainder of the term of office so vacated. The
29	29	Board of Hospital Managers shall serve without compensation but may
30	30	be reimbursed for their actual and necessary traveling and other
31	31	expenses incurred in the performance of their duties as determined
32	32	by the Board of Hospital Managers. The duties of the Board of the
33	33	Hospital Managers shall be to manage, control and administer the
34	34	hospital or hospital system of the Hospital District. The Board of
35	35	Hospital Managers shall have the power and authority to sue and be
36	36	sued and to promulgate rules and regulations for the operation of
37	37	the hospital or hospital system, including the authority to adopt
38	38	and amend bylaws governing the proceedings of the Board.
39	39	(b) The Board shall appoint a general manager, to be known
40	40	as the Administrator of the Hospital District, and who shall
41	41	receive such compensation as may be fixed by the Board. The
42	42	Administrator shall be subject to removal at any time by the Board.
43	43	The Administrator shall, before entering into the discharge of his
44	44	duties, execute a bond payable to the District, in the amount of not
45	45	less than Ten Thousand Dollars ($10,000.00), conditioned that he
46	46	shall well and faithfully perform the duties required of him, and
47	47	containing such other conditions as the Board may require. The
48	48	Board may pay for the bond with District money. The Administrator
49	49	shall perform all duties which may be required of him by the Board,
50	50	and shall supervise all of the work and activities of the District,
51	51	and have general direction of the affairs of the District, within
52	52	such limitations as may be prescribed by the Board. He shall be a
53	53	person qualified by training and experience for the position of
54	54	Administrator.
55	55	(c) The Board of Hospital Managers shall give the authority
56	56	to the Administrator to employ such employees of every kind and
57	57	character as may be deemed advisable for the efficient operation of
58	58	the hospital or hospital system.
59	59	(d) The Board of Hospital Managers shall be authorized to
60	60	contract with any county for care and treatment of the county's
61	61	sick, diseased and injured persons, and with the state and agencies
62	62	of the Federal Government for the care and treatment of such persons
63	63	for whom the state and such agencies of the Federal Government are
64	64	responsible. Further, under the same conditions, the Board of
65	65	Hospital Managers may enter into such contracts with the state and
66	66	Federal Government as may be necessary to establish or continue a
67	67	retirement program for the benefit of its employees.
68	68	(e) The Board of Hospital Managers may in addition to
69	69	retirement programs authorized by this Act establish such other
70	70	retirement program for the benefit of its employees as it deems
71	71	necessary and advisable.
72	72	(f) A majority of the Board of Hospital Managers present
73	73	shall constitute a quorum for the transaction of any business. The
74	74	Board shall elect a Chair and Vice Chair from among its members.
75	75	The Board shall appoint a Secretary, who need not be a manager.
76	76	Each officer of the Board serves a one-year term. The Board shall
77	77	fill a vacancy in a Board office for the remainder of the unexpired
78	78	term. [From among its members, the Board shall choose a Chairman,
79	79	who shall preside; or in his absence a Chairman Pro Tem shall
80	80	preside; and the Administrator or any member of the Board may be
81	81	appointed Secretary.] The Board shall require the Secretary to
82	82	keep suitable records of all proceedings of each meeting of the
83	83	Board in accordance with Subchapter B, Chapter 551, Government
84	84	Code. [Such records shall be read and signed after each meeting by
85	85	the Chairman or the member presiding, and attested by the
86	86	Secretary. The Board shall have a seal, on which shall be engraved
87	87	the name of the Hospital District; and said seal shall be kept by
88	88	the Secretary and used in authentication of all acts of the Board.]
89	89	SECTION 2. Chapter 674, Acts of the 60th Legislature,
90	90	Regular Session, 1967, is amended by adding Section 3A to read as
91	91	follows:
92	92	Sec. 3A. (a) The Board of Hospital Managers may employ
93	93	physicians or other health care providers as the Board considers
94	94	necessary for the efficient operation of the District.
95	95	(b) This section may not be construed as authorizing the
96	96	Board of Hospital Managers to supervise or control the practice of
97	97	medicine, as prohibited by Subtitle B, Title 3, Occupations Code.
98	98	SECTION 3. Section 14, Chapter 674, Acts of the 60th
99	99	Legislature, Regular Session, 1967, is amended to read as follows:
100	100	Sec. 14. (a) The Board of Hospital Managers shall have the
101	101	power and authority to issue and sell general obligation [, as the
102	102	obligations of such Hospital District,] bonds for the purchase,
103	103	construction, acquisition, repair or renovation of buildings and
104	104	improvements and equipping same, for hospital purposes and for any
105	105	or all of such purposes; provided that a sufficient tax shall be
106	106	levied to create an interest and sinking fund to pay the interest
107	107	and principal as same matures and that said tax, together with any
108	108	other taxes levied for said District, shall not exceed Seventy-five
109	109	Cents (75) on the One Hundred Dollars ($100.00) valuation of
110	110	taxable property in any one year. Such bonds shall be executed in
111	111	the name of the Hospital District and on its behalf by the Chairman
112	112	of the Board of Hospital Managers, and countersigned by the
113	113	Secretary of the Board, and shall be subject to the same
114	114	requirements in the manner of approval thereof by the Attorney
115	115	General of the State of Texas and registration thereof by the
116	116	Comptroller of Public Accounts of the State of Texas as are by law
117	117	provided for such approval and registration of bonds of the county;
118	118	and the approval of such bonds by the Attorney General shall have
119	119	the same force and effect as is by law given to his approval of bonds
120	120	of the county.
121	121	(b) The Hospital District may issue general obligation
122	122	bonds only if the bonds are authorized by a majority of the voters
123	123	of the District voting in an election held for that purpose. The
124	124	Board of Hospital Managers, in ordering the election, shall provide
125	125	for clerks as in county elections and shall specify the date of the
126	126	election, the location of the polling places, the presiding and
127	127	alternate election judges for each polling place, the amount of the
128	128	bonds to be authorized, and the maximum maturity of the bonds. The
129	129	Board shall give notice of the Board election in the manner provided
130	130	by Section 1251.003, Government Code. Chapter 41, Election Code,
131	131	does not apply to an election held under this section. The Board
132	132	shall declare the results of the election. [No bonds shall be
133	133	issued by such Hospital District (except refunding bonds) until
134	134	authorized by a majority vote of the legally qualified property
135	135	taxpaying voters residing in such Hospital District voting at an
136	136	election called and held in accordance with the provisions of
137	137	Chapter 1, Title 22, of the Revised Civil Statutes of the State of
138	138	Texas (1925), as amended, relating to county bonds. Such election
139	139	shall be called by the Board of Hospital Managers, and such Board
140	140	shall designate the places for holding said election and shall name
141	141	the persons who shall conduct said election, in the manner provided
142	142	by general law. In the event the initial bonds are voted at an
143	143	election called by the Commissioners Court at the time of the
144	144	election for the creation of the District, such initial election
145	145	shall be governed by the provisions of Section 2 hereof.]
146	146	(c) In the manner hereinabove provided, the bonds of such
147	147	Hospital District may, without the necessity of any election
148	148	therefor, be issued for the purpose of refunding or paying off any
149	149	bonded indebtedness theretofore assumed by the Hospital District
150	150	and any bonds theretofore issued by the Hospital District; such
151	151	refunding bonds may be sold and the proceeds thereof applied to the
152	152	payment of any such outstanding bonds or may be exchanged in whole
153	153	or in part for not less than a like amount of said outstanding bonds
154	154	and interest matured thereon, but unpaid; provided the average
155	155	interest cost per annum on the refunding bonds, computed in
156	156	accordance with the recognized standard bond interest cost tables,
157	157	shall not exceed the average interest cost per annum so computed
158	158	upon the bonds to be discharged out of the proceeds of the refunding
159	159	bonds, unless the total interest cost on the refunding bonds,
160	160	computed to their respective maturity dates, is less than the total
161	161	interest cost so computed on the bonds to be discharged out of such
162	162	proceeds. In the foregoing computations, any premium or premiums
163	163	required to be paid upon the bonds to be refunded as a condition to
164	164	the payment in advance of their stated maturity dates shall be taken
165	165	into account as an addition to the net interest cost to the Hospital
166	166	District of the refunding bonds.
167	167	(d) The Board of Hospital Managers may issue revenue bonds
168	168	to purchase, construct, acquire, repair, renovate, or equip
169	169	buildings or improvements for hospital purposes, or acquire sites
170	170	to be used for hospital purposes. The bonds must be payable from
171	171	and secured by a pledge of all or part of the revenue derived from
172	172	the operation of the Hospital District's hospitals. The bonds may
173	173	be additionally secured by a mortgage or deed of trust lien on all
174	174	or part of District property. The bonds must be issued in the
175	175	manner and in accordance with the procedures and requirements
176	176	prescribed by Sections 264.042, 264.043, 264.046, 264.047,
177	177	264.048, and 264.049, Health and Safety Code, for issuance of
178	178	revenue bonds by county hospital authorities.
179	179	SECTION 4. Chapter 674, Acts of the 60th Legislature,
180	180	Regular Session, 1967, is amended by adding Sections 14A and 14B to
181	181	read as follows:
182	182	Sec. 14A. In addition to the authority to issue general
183	183	obligation bonds and revenue bonds under this Act, the Board of
184	184	Hospital Managers may provide for the security and payment of
185	185	Hospital District bonds from a pledge of a combination of ad valorem
186	186	taxes as authorized by Section 14(a) of this Act and revenue and
187	187	other sources authorized by Section 14(d) of this Act.
188	188	Sec. 14B. The Hospital District may use the proceeds of
189	189	bonds issued under this Act to pay:
190	190	(1) any expense the Board of Hospital Managers
191	191	determines is reasonable and necessary to issue, sell, and deliver
192	192	the bonds;
193	193	(2) interest payments on the bonds during a period of
194	194	acquisition or construction of a project or facility to be provided
195	195	through the bonds, not to exceed five years;
196	196	(3) costs related to the operation and maintenance of
197	197	a project or facility to be provided through the bonds:
198	198	(A) during an estimated period of acquisition or
199	199	construction, not to exceed five years; and
200	200	(B) for one year after the project or facility is
201	201	acquired or constructed;
202	202	(4) costs related to the financing of the bond funds,
203	203	including debt service reserve and contingency funds;
204	204	(5) costs related to the bond issuance;
205	205	(6) costs related to the acquisition of land or
206	206	interests in land for a project or facility to be provided through
207	207	the bonds; and
208	208	(7) costs of construction of a project or facility to
209	209	be provided through the bonds, including the payment of related
210	210	professional services and expenses.
211	211	SECTION 5. Chapter 674, Acts of the 60th Legislature,
212	212	Regular Session, 1967, is amended by adding Section 17A to read as
213	213	follows:
214	214	Sec. 17A. (a) The Hospital District may be dissolved only
215	215	on approval of a majority of the voters of the District voting in an
216	216	election held for that purpose.
217	217	(b) The Board of Hospital Managers may order an election on
218	218	the question of dissolving the Hospital District and disposing of
219	219	the District's assets and obligations.
220	220	(c) The Board of Hospital Managers shall order an election
221	221	if the Board receives a petition requesting an election that is
222	222	signed by at least 15 percent of the registered voters in the
223	223	Hospital District.
224	224	(d) The order calling the election must state:
225	225	(1) the nature of the election, including the
226	226	proposition to appear on the ballot;
227	227	(2) the date of the election;
228	228	(3) the hours during which the polls will be open; and
229	229	(4) the location of the polling places.
230	230	(e) Section 41.001(a), Election Code, does not apply to an
231	231	election ordered under this section.
232	232	(f) The Board of Hospital Managers shall give notice of an
233	233	election under this section by publishing once a week for two
234	234	consecutive weeks a substantial copy of the election order in a
235	235	newspaper with general circulation in the Hospital District. The
236	236	first publication of the notice must appear not later than the 35th
237	237	day before the date of the election.
238	238	(g) The ballot for an election under this section must be
239	239	printed to permit voting for or against the proposition: "The
240	240	dissolution of the Martin County Hospital District."
241	241	(h) If a majority of the votes in an election under this
242	242	section favor dissolution, the Board of Hospital Managers shall
243	243	find that the Hospital District is dissolved.
244	244	(i) If a majority of the votes in the election do not favor
245	245	dissolution, the Board of Hospital Managers shall continue to
246	246	administer the Hospital District and another election on the
247	247	question of dissolution may not be held before the first
248	248	anniversary of the date of the most recent election on the question
249	249	of dissolution.
250	250	(j) If a majority of the votes in the election held under
251	251	this section favor dissolution, the Board of Hospital Managers
252	252	shall:
253	253	(1) transfer the land, buildings, improvements,
254	254	equipment, and other assets that belong to the Hospital District to
255	255	Martin County or another governmental entity in Martin County; or
256	256	(2) administer the property, assets, and debts until
257	257	all money has been disposed of and all Hospital District debts have
258	258	been paid or settled.
259	259	(k) If the Hospital District makes the transfer under
260	260	Subsection (j)(1), the county or entity assumes all debts and
261	261	obligations of the District at the time of the transfer, and the
262	262	District is dissolved.
263	263	(l) If Subsection (j)(1) does not apply and the Board
264	264	administers the property, assets, and debts of the Hospital
265	265	District under Subsection (j)(2), the District is dissolved when
266	266	all money has been disposed of and all District debts have been paid
267	267	or settled.
268	268	(m) After the Board of Hospital Managers finds that the
269	269	Hospital District is dissolved, the Board shall:
270	270	(1) determine the debt owed by the District; and
271	271	(2) impose on the property included in the District's
272	272	tax rolls a tax that is in proportion of the debt to the property
273	273	value.
274	274	(n) On the payment of all outstanding debts and obligations
275	275	of the Hospital District, the Board of Hospital Managers shall
276	276	order the Secretary to return to each District taxpayer the
277	277	taxpayer's pro rata share of all unused tax money.
278	278	(o) A taxpayer may request that the taxpayer's share of
279	279	surplus tax money be credited to the taxpayer's county taxes. If a
280	280	taxpayer requests the credit, the Board of Hospital Managers shall
281	281	direct the Secretary to transmit the money to the county tax
282	282	assessor-collector.
283	283	(p) After the Hospital District has paid all its debts and
284	284	has disposed of all its money and other assets as prescribed by this
285	285	section, the Board of Hospital Managers shall file a written report
286	286	with the Commissioners Court of Martin County summarizing the
287	287	Board's actions in dissolving the District.
288	288	(q) Not later than the 10th day after the date the
289	289	Commissioners Court of Martin County receives the report and
290	290	determines that the requirements of this section have been
291	291	fulfilled, the commissioners court shall enter an order dissolving
292	292	the Hospital District and releasing the Board of Hospital Managers
293	293	from any further duty or obligation.
294	294	SECTION 6. The changes in law made by this Act to the
295	295	qualifications of and the prohibitions applying to members of the
296	296	Board of Hospital Managers of the Martin County Hospital District
297	297	do not affect the entitlement of a member serving on the Board
298	298	immediately before the effective date of this Act to continue to
299	299	carry out the functions of the Board for the remainder of the
300	300	member's term. The changes in law apply only to a member appointed
301	301	on or after the effective date of this Act. This Act does not
302	302	prohibit a person who is a member of the Board on the effective date
303	303	of this Act from being reappointed to the Board if the person has
304	304	the qualifications required for membership under Section 3, Chapter
305	305	674, Acts of the 60th Legislature, Regular Session, 1967, as
306	306	amended by this Act.
307	307	SECTION 7. This Act takes effect immediately if it receives
308	308	a vote of two-thirds of all the members elected to each house, as
309	309	provided by Section 39, Article III, Texas Constitution. If this
310	310	Act does not receive the vote necessary for immediate effect, this
311	311	Act takes effect September 1, 2009.