1 | 1 | | S.B. No. 2517 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the dissolution of the Ballinger Memorial Hospital |
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6 | 6 | | District and the North Runnels County Hospital District and the |
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7 | 7 | | creation of the Runnels County Hospital District; granting the |
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8 | 8 | | authority to impose a tax and issue bonds; granting the power of |
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9 | 9 | | eminent domain. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | ARTICLE 1. DISSOLUTION OF BALLINGER MEMORIAL HOSPITAL DISTRICT ON |
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12 | 12 | | CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
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13 | 13 | | SECTION 1.01. Chapter 1004, Special District Local Laws |
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14 | 14 | | Code, is amended by adding Subchapter D-1 to read as follows: |
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15 | 15 | | SUBCHAPTER D-1. DISSOLUTION OF BALLINGER MEMORIAL HOSPITAL |
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16 | 16 | | DISTRICT ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
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17 | 17 | | Sec. 1004.171. DISSOLUTION; ELECTION. (a) The board may |
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18 | 18 | | order an election on the question of the dissolution of the |
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19 | 19 | | district, creation of the Runnels County Hospital District, |
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20 | 20 | | transfer of the district's assets and obligations to the Runnels |
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21 | 21 | | County Hospital District, and assumption of the district's |
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22 | 22 | | outstanding debts by the Runnels County Hospital District. |
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23 | 23 | | (b) The board shall order the election if: |
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24 | 24 | | (1) the board receives a petition requesting an |
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25 | 25 | | election that is signed by at least 50 of the district's registered |
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26 | 26 | | voters; or |
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27 | 27 | | (2) the board receives notice that the board of |
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28 | 28 | | directors of the North Runnels County Hospital District intends to |
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29 | 29 | | order an election to dissolve the North Runnels County Hospital |
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30 | 30 | | District and create the Runnels County Hospital District under |
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31 | 31 | | Section 20c, Chapter 206, Acts of the 61st Legislature, Regular |
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32 | 32 | | Session, 1969. |
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33 | 33 | | (c) If the board intends to hold an election under this |
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34 | 34 | | subchapter, the board shall notify the board of directors of the |
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35 | 35 | | North Runnels County Hospital District and the Runnels County |
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36 | 36 | | Commissioners Court of that intention. |
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37 | 37 | | (d) The election held under this subchapter shall be held on |
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38 | 38 | | the same date as the election to dissolve the North Runnels County |
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39 | 39 | | Hospital District and create the Runnels County Hospital District |
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40 | 40 | | under Section 20c, Chapter 206, Acts of the 61st Legislature, |
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41 | 41 | | Regular Session, 1969, and the election in the portion of the county |
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42 | 42 | | not included in a hospital district to create the Runnels County |
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43 | 43 | | Hospital District. The board shall coordinate with the board of |
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44 | 44 | | directors of the North Runnels County Hospital District and the |
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45 | 45 | | Commissioners Court of Runnels County in setting the election date |
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46 | 46 | | under this section. |
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47 | 47 | | (e) The order calling the election must state: |
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48 | 48 | | (1) the nature of the election, including the |
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49 | 49 | | proposition that is to appear on the ballot; |
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50 | 50 | | (2) the date of the election; |
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51 | 51 | | (3) the hours during which the polls will be open; and |
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52 | 52 | | (4) the location of the polling places. |
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53 | 53 | | (f) Section 41.001, Election Code, does not apply to an |
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54 | 54 | | election ordered under this section. |
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55 | 55 | | Sec. 1004.172. NOTICE OF ELECTION. (a) The board shall |
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56 | 56 | | give notice of an election under this subchapter by publishing a |
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57 | 57 | | substantial copy of the election order in a newspaper with general |
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58 | 58 | | circulation in the district once a week for two consecutive weeks. |
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59 | 59 | | (b) The first publication must appear not later than the |
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60 | 60 | | 35th day before the date set for the election. |
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61 | 61 | | Sec. 1004.173. BALLOT. The ballot for an election under |
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62 | 62 | | this subchapter must be printed to permit voting for or against the |
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63 | 63 | | proposition: "The dissolution of the Ballinger Memorial Hospital |
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64 | 64 | | District and the creation of the Runnels County Hospital District, |
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65 | 65 | | providing for the imposition of an ad valorem tax at a rate not to |
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66 | 66 | | exceed ____ cents (insert any rate not to exceed 75 cents) on each |
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67 | 67 | | $100 valuation of taxable property in Runnels County, and providing |
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68 | 68 | | for the transfer to and assumption by the Runnels County Hospital |
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69 | 69 | | District of all outstanding bonds and other obligations issued for |
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70 | 70 | | hospital purposes by the Ballinger Memorial Hospital District, |
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71 | 71 | | Runnels County, and any part of a municipality located in Runnels |
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72 | 72 | | County, and the transfer of the existing Ballinger Memorial |
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73 | 73 | | Hospital District's assets to the Runnels County Hospital |
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74 | 74 | | District." |
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75 | 75 | | Sec. 1004.174. ELECTION RESULTS. (a) The board shall find |
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76 | 76 | | that the district is dissolved if: |
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77 | 77 | | (1) a majority of the votes in an election under this |
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78 | 78 | | subchapter favor dissolution of the district and creation of the |
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79 | 79 | | Runnels County Hospital District; |
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80 | 80 | | (2) a majority of the votes in an election held on the |
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81 | 81 | | same date under Section 20c, Chapter 206, Acts of the 61st |
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82 | 82 | | Legislature, Regular Session, 1969, favor dissolution of the North |
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83 | 83 | | Runnels County Hospital District and creation of the Runnels County |
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84 | 84 | | Hospital District; and |
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85 | 85 | | (3) a cumulative majority of the votes in all three |
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86 | 86 | | elections held on the question of creating the Runnels County |
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87 | 87 | | Hospital District favor creation of the district. |
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88 | 88 | | (b) If a majority of the votes in either election under |
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89 | 89 | | Subdivision (a)(1) or (2) do not favor dissolution of the district |
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90 | 90 | | and creation of the Runnels County Hospital District, or if a |
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91 | 91 | | cumulative majority of the votes in all three elections held on the |
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92 | 92 | | question of creating the Runnels County Hospital District do not |
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93 | 93 | | favor creation of the district, the board shall continue to |
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94 | 94 | | administer the district, and another election on the question of |
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95 | 95 | | dissolution under this subchapter may not be held before the first |
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96 | 96 | | anniversary of the date of the most recent election under this |
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97 | 97 | | subchapter to dissolve the district. |
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98 | 98 | | Sec. 1004.175. TRANSFER OR ADMINISTRATION OF ASSETS. |
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99 | 99 | | (a) If a majority of the votes in both elections under Sections |
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100 | 100 | | 1004.174(a)(1) and (2) favor dissolution of the district and |
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101 | 101 | | creation of the Runnels County Hospital District, and a cumulative |
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102 | 102 | | majority of the votes in all three elections held on the question of |
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103 | 103 | | creating the Runnels County Hospital District favor creation of the |
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104 | 104 | | district, the board shall transfer the land, buildings, |
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105 | 105 | | improvements, equipment, and other assets belonging to the district |
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106 | 106 | | to the Runnels County Hospital District. |
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107 | 107 | | (b) On the date the district makes the transfer under |
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108 | 108 | | Subsection (a), the Runnels County Hospital District assumes all |
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109 | 109 | | debts and obligations of the district at the time of the transfer. |
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110 | 110 | | The district is dissolved at the time of the transfer and the board |
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111 | 111 | | is released from any further duty or obligation. |
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112 | 112 | | SECTION 1.02. On the dissolution of the Ballinger Memorial |
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113 | 113 | | Hospital District and the approval of the creation of the Runnels |
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114 | 114 | | County Hospital District, a reference in any law to the Ballinger |
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115 | 115 | | Memorial Hospital District means the Runnels County Hospital |
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116 | 116 | | District. |
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117 | 117 | | SECTION 1.03. (a) An election to dissolve the Ballinger |
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118 | 118 | | Memorial Hospital District and create the Runnels County Hospital |
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119 | 119 | | District must be held not later than the fifth anniversary of the |
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120 | 120 | | effective date of this Act. |
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121 | 121 | | (b) If the dissolution of the Ballinger Memorial Hospital |
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122 | 122 | | District and creation of the Runnels County Hospital District are |
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123 | 123 | | not approved at an election held not later than the fifth |
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124 | 124 | | anniversary of the effective date of this Act, Subchapter D-1, |
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125 | 125 | | Chapter 1004, Special District Local Laws Code, as added by this |
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126 | 126 | | article, expires. |
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127 | 127 | | ARTICLE 2. DISSOLUTION OF NORTH RUNNELS COUNTY HOSPITAL DISTRICT |
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128 | 128 | | ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
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129 | 129 | | SECTION 2.01. Chapter 206, Acts of the 61st Legislature, |
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130 | 130 | | Regular Session, 1969, is amended by adding Section 20c to read as |
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131 | 131 | | follows: |
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132 | 132 | | Sec. 20c. (a) The board may order an election on the |
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133 | 133 | | question of the dissolution of the district, creation of the |
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134 | 134 | | Runnels County Hospital District, transfer of the district's assets |
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135 | 135 | | and obligations to the Runnels County Hospital District, and |
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136 | 136 | | assumption of the district's outstanding debts by the Runnels |
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137 | 137 | | County Hospital District. |
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138 | 138 | | (b) The board shall order the election if: |
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139 | 139 | | (1) the board receives a petition requesting an |
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140 | 140 | | election that is signed by at least 50 of the district's registered |
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141 | 141 | | voters; or |
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142 | 142 | | (2) the board receives notice that the board of |
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143 | 143 | | directors of the Ballinger Memorial Hospital District intends to |
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144 | 144 | | order an election to dissolve the Ballinger Memorial Hospital |
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145 | 145 | | District and create the Runnels County Hospital District under |
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146 | 146 | | Subchapter D-1, Chapter 1004, Special District Local Laws Code. |
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147 | 147 | | (c) If the board intends to hold an election under this |
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148 | 148 | | section, the board shall notify the board of directors of the |
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149 | 149 | | Ballinger Memorial Hospital District and the Runnels County |
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150 | 150 | | Commissioners Court of that intention. The election held under |
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151 | 151 | | this section shall be held on the same date as the election to |
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152 | 152 | | dissolve the Ballinger Memorial Hospital District and create the |
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153 | 153 | | Runnels County Hospital District under Subchapter D-1, Chapter |
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154 | 154 | | 1004, Special District Local Laws Code, and the election in the |
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155 | 155 | | portion of the county not included in a hospital district to create |
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156 | 156 | | the Runnels County Hospital District. The board shall coordinate |
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157 | 157 | | with the board of directors of the Ballinger Memorial Hospital |
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158 | 158 | | District and the Commissioners Court of Runnels County in setting |
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159 | 159 | | the election date under this section. |
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160 | 160 | | (d) The order calling the election must state: |
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161 | 161 | | (1) the nature of the election, including the |
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162 | 162 | | proposition that is to appear on the ballot; |
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163 | 163 | | (2) the date of the election; |
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164 | 164 | | (3) the hours during which the polls will be open; and |
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165 | 165 | | (4) the location of the polling places. |
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166 | 166 | | (e) Section 41.001, Election Code, does not apply to an |
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167 | 167 | | election ordered under this section. |
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168 | 168 | | (f) The board shall give notice of an election under this |
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169 | 169 | | subchapter by publishing a substantial copy of the election order |
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170 | 170 | | in a newspaper with general circulation in the district once a week |
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171 | 171 | | for two consecutive weeks. The first publication must appear not |
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172 | 172 | | later than the 35th day before the date set for the election. |
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173 | 173 | | (g) The ballot for an election under this subchapter must be |
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174 | 174 | | printed to permit voting for or against the proposition: "The |
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175 | 175 | | dissolution of the North Runnels County Hospital District and the |
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176 | 176 | | creation of the Runnels County Hospital District, providing for the |
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177 | 177 | | imposition of an ad valorem tax at a rate not to exceed ____ cents |
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178 | 178 | | (insert any rate not to exceed 75 cents) on each $100 valuation of |
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179 | 179 | | taxable property in Runnels County, and providing for the transfer |
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180 | 180 | | to and assumption by the Runnels County Hospital District of all |
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181 | 181 | | outstanding bonds and other obligations issued for hospital |
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182 | 182 | | purposes by the North Runnels County Hospital District, Runnels |
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183 | 183 | | County, and any part of a municipality located in Runnels County, |
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184 | 184 | | and the transfer of the existing North Runnels County Hospital |
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185 | 185 | | District's assets to the Runnels County Hospital District." |
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186 | 186 | | (h) The board shall find that the district is dissolved if: |
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187 | 187 | | (1) a majority of the votes in an election under this |
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188 | 188 | | section favor dissolution of the district and creation of the |
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189 | 189 | | Runnels County Hospital District; |
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190 | 190 | | (2) a majority of the votes in an election held on the |
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191 | 191 | | same date under Subchapter D-1, Chapter 1004, Special District |
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192 | 192 | | Local Laws Code, favor dissolution of the Ballinger Memorial |
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193 | 193 | | Hospital District and creation of the Runnels County Hospital |
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194 | 194 | | District; and |
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195 | 195 | | (3) a cumulative majority of the votes in all three |
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196 | 196 | | elections held on the question of creating the Runnels County |
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197 | 197 | | Hospital District favor creation of the district. |
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198 | 198 | | (i) If a majority of the votes in either election under |
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199 | 199 | | Subdivision (h)(1) or (2) of this section do not favor dissolution |
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200 | 200 | | of the district and creation of the Runnels County Hospital |
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201 | 201 | | District, or if a cumulative majority of the votes in all three |
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202 | 202 | | elections held on the question of creating the Runnels County |
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203 | 203 | | Hospital District do not favor creation of the district, the board |
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204 | 204 | | shall continue to administer the district, and another election on |
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205 | 205 | | the question of dissolution under this section may not be held |
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206 | 206 | | before the first anniversary of the date of the most recent election |
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207 | 207 | | under this section to dissolve the district. |
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208 | 208 | | (j) If a majority of the votes in both elections under |
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209 | 209 | | Subdivisions (h)(1) and (2) of this section favor dissolution of |
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210 | 210 | | the district and creation of the Runnels County Hospital District, |
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211 | 211 | | and a cumulative majority of the votes in all three elections held |
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212 | 212 | | on the question of creating the Runnels County Hospital District |
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213 | 213 | | favor creation of the district, the board shall transfer the land, |
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214 | 214 | | buildings, improvements, equipment, and other assets belonging to |
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215 | 215 | | the district to the Runnels County Hospital District. |
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216 | 216 | | (k) On the date the district makes the transfer under |
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217 | 217 | | Subsection (j) of this section, the Runnels County Hospital |
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218 | 218 | | District assumes all debts and obligations of the district at the |
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219 | 219 | | time of the transfer. The district is dissolved at the time of the |
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220 | 220 | | transfer and the board is released from any further duty or |
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221 | 221 | | obligation. |
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222 | 222 | | SECTION 2.02. On the dissolution of the North Runnels |
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223 | 223 | | County Hospital District and the approval of the creation of the |
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224 | 224 | | Runnels County Hospital District, a reference in any law to the |
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225 | 225 | | North Runnels County Hospital District means the Runnels County |
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226 | 226 | | Hospital District. |
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227 | 227 | | SECTION 2.03. (a) An election to dissolve the North |
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228 | 228 | | Runnels County Hospital District and create the Runnels County |
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229 | 229 | | Hospital District must be held not later than the fifth anniversary |
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230 | 230 | | of the effective date of this Act. |
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231 | 231 | | (b) If the dissolution of the North Runnels County Hospital |
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232 | 232 | | District and creation of the Runnels County Hospital District are |
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233 | 233 | | not approved at an election held not later than the fifth |
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234 | 234 | | anniversary of the effective date of this Act, Section 20c, Chapter |
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235 | 235 | | 206, Acts of the 61st Legislature, Regular Session, 1969, as added |
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236 | 236 | | by this article, expires. |
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237 | 237 | | ARTICLE 3. CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
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238 | 238 | | SECTION 3.01. Subtitle A, Title 3, Special District Local |
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239 | 239 | | Laws Code, is amended by adding Chapter 1072 to read as follows: |
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240 | 240 | | CHAPTER 1072. RUNNELS COUNTY HOSPITAL DISTRICT |
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241 | 241 | | SUBCHAPTER A. GENERAL PROVISIONS |
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242 | 242 | | Sec. 1072.001. DEFINITIONS. In this chapter: |
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243 | 243 | | (1) "Board" means the board of directors of the |
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244 | 244 | | district. |
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245 | 245 | | (2) "Director" means a member of the board. |
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246 | 246 | | (3) "District" means the Runnels County Hospital |
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247 | 247 | | District. |
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248 | 248 | | Sec. 1072.002. AUTHORITY FOR OPERATION. The Runnels County |
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249 | 249 | | Hospital District operates and is financed as provided by Section |
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250 | 250 | | 9, Article IX, Texas Constitution, and by this chapter. |
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251 | 251 | | Sec. 1072.003. ESSENTIAL PUBLIC FUNCTION. The district is |
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252 | 252 | | a public entity performing an essential public function. |
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253 | 253 | | Sec. 1072.004. DISTRICT TERRITORY. The boundaries of the |
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254 | 254 | | district are coextensive with the boundaries of Runnels County, |
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255 | 255 | | Texas. |
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256 | 256 | | Sec. 1072.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
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257 | 257 | | OBLIGATION. The state may not be obligated for the support or |
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258 | 258 | | maintenance of the district. |
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259 | 259 | | Sec. 1072.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
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260 | 260 | | The legislature may not make a direct appropriation for the |
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261 | 261 | | construction, maintenance, or improvement of a district facility. |
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262 | 262 | | [Sections 1072.007-1072.020 reserved for expansion] |
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263 | 263 | | SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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264 | 264 | | Sec. 1072.021. (a) The Commissioners Court of Runnels |
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265 | 265 | | County shall order an election for the registered voters of Runnels |
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266 | 266 | | County who do not reside in the Ballinger Memorial Hospital |
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267 | 267 | | District or the North Runnels County Hospital District on the |
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268 | 268 | | question of creating the Runnels County Hospital District if the |
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269 | 269 | | commissioners court receives notice that: |
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270 | 270 | | (1) the board of directors of the Ballinger Memorial |
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271 | 271 | | Hospital District intends to order an election to dissolve the |
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272 | 272 | | Ballinger Memorial Hospital District and create the Runnels County |
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273 | 273 | | Hospital District under Subchapter D-1, Chapter 1004; and |
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274 | 274 | | (2) the board of directors of the North Runnels County |
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275 | 275 | | Hospital District intends to order an election to dissolve the |
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276 | 276 | | North Runnels County Hospital District and create the Runnels |
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277 | 277 | | County Hospital District under Section 20c, Chapter 206, Acts of |
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278 | 278 | | the 61st Legislature, Regular Session, 1969. |
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279 | 279 | | (b) The Commissioners Court of Runnels County shall notify |
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280 | 280 | | the boards of directors of the Ballinger Memorial Hospital District |
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281 | 281 | | and the North Runnels County Hospital District that the |
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282 | 282 | | commissioners court intends to hold the election under this |
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283 | 283 | | section. |
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284 | 284 | | (c) The election held under this section shall be held on |
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285 | 285 | | the same date as the elections to dissolve the Ballinger Memorial |
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286 | 286 | | Hospital District and the North Runnels County Hospital District |
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287 | 287 | | and to create the Runnels County Hospital District. The |
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288 | 288 | | Commissioners Court of Runnels County shall coordinate with the |
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289 | 289 | | boards of directors of the Ballinger Memorial Hospital District and |
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290 | 290 | | the North Runnels County Hospital District in setting the election |
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291 | 291 | | date under this section. |
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292 | 292 | | (d) The order calling the election under this section must |
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293 | 293 | | state: |
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294 | 294 | | (1) the nature of the election, including the |
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295 | 295 | | proposition that is to appear on the ballot; |
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296 | 296 | | (2) the date of the election; |
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297 | 297 | | (3) the hours during which the polls will be open; and |
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298 | 298 | | (4) the location of the polling places. |
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299 | 299 | | (e) Section 41.001, Election Code, does not apply to an |
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300 | 300 | | election ordered under this section. |
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301 | 301 | | (f) The Commissioners Court of Runnels County shall give |
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302 | 302 | | notice of an election under this section by publishing a |
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303 | 303 | | substantial copy of the election order in a newspaper with general |
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304 | 304 | | circulation in Runnels County once a week for two consecutive |
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305 | 305 | | weeks. The first publication must appear not later than the 35th |
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306 | 306 | | day before the date set for the election. |
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307 | 307 | | (g) The ballot for an election under this section must be |
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308 | 308 | | printed to permit voting for or against the proposition: "The |
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309 | 309 | | creation of the Runnels County Hospital District, providing for the |
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310 | 310 | | imposition of an ad valorem tax at a rate not to exceed ___ cents |
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311 | 311 | | (insert any rate not to exceed 75 cents) on each $100 valuation of |
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312 | 312 | | taxable property in Runnels County. |
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313 | 313 | | (h) The Commissioners Court of Runnels County shall find |
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314 | 314 | | that the Runnels County Hospital District is created if: |
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315 | 315 | | (1) a majority of the votes in an election held on the |
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316 | 316 | | same date under Subchapter D-1, Chapter 1004, favor dissolution of |
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317 | 317 | | the Ballinger Memorial Hospital District and creation of the |
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318 | 318 | | Runnels County Hospital District; |
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319 | 319 | | (2) a majority of the votes in an election held on the |
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320 | 320 | | same date under Section 20c, Chapter 206, Acts of the 61st |
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321 | 321 | | Legislature, Regular Session, 1969, favor dissolution of the North |
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322 | 322 | | Runnels County Hospital District and creation of the Runnels County |
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323 | 323 | | Hospital District; and |
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324 | 324 | | (3) a cumulative majority of the votes held in the |
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325 | 325 | | election called by the commissioners court and in the elections |
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326 | 326 | | described by Subdivisions (1) and (2) favor creation of the Runnels |
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327 | 327 | | County Hospital District. |
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328 | 328 | | Sec. 1072.022. TEMPORARY DIRECTORS. (a) If the creation |
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329 | 329 | | of the district is approved at the elections held under Subchapter |
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330 | 330 | | D-1, Chapter 1004, Section 20c, Chapter 206, Acts of the 61st |
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331 | 331 | | Legislature, Regular Session, 1969, and Section 1072.021, the |
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332 | 332 | | following persons shall serve as temporary directors of the Runnels |
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333 | 333 | | County Hospital District: |
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334 | 334 | | (1) Lewis Bergman; |
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335 | 335 | | (2) Charles Brown; |
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336 | 336 | | (3) Mike Dankworth; |
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337 | 337 | | (4) Rodney Flanagan; |
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338 | 338 | | (5) Bill Hunter; |
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339 | 339 | | (6) Paul Sklenarik; |
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340 | 340 | | (7) Dewey Whitfield. |
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341 | 341 | | (b) The temporary board shall serve as the temporary |
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342 | 342 | | directors of the district until the initial elected directors take |
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343 | 343 | | office under Section 1072.025. |
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344 | 344 | | (c) A vacancy on the temporary board of directors shall be |
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345 | 345 | | filled by the Commissioners Court of Runnels County. |
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346 | 346 | | (d) To serve as a temporary director, a person must be: |
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347 | 347 | | (1) a resident of the district; and |
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348 | 348 | | (2) a qualified voter. |
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349 | 349 | | (e) An employee of the district may not serve as a temporary |
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350 | 350 | | director. |
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351 | 351 | | Sec. 1072.023. TEMPORARY OFFICERS. (a) The temporary |
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352 | 352 | | board shall elect a president and a vice president from among the |
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353 | 353 | | temporary directors. |
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354 | 354 | | (b) The temporary board shall appoint a secretary, who need |
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355 | 355 | | not be a temporary director. |
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356 | 356 | | (c) The temporary board shall fill a vacancy in a board |
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357 | 357 | | office for the remainder of the unexpired term. |
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358 | 358 | | Sec. 1072.024. ELECTION OF INITIAL ELECTED DIRECTORS. |
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359 | 359 | | (a) The temporary directors shall hold an election to elect seven |
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360 | 360 | | initial directors on the first uniform election date in May that |
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361 | 361 | | occurs after the date the district is created. One initial director |
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362 | 362 | | shall be elected from each commissioners precinct of Runnels County |
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363 | 363 | | and three initial directors shall be elected from the district at |
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364 | 364 | | large. |
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365 | 365 | | (b) The temporary directors may postpone the election under |
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366 | 366 | | Subsection (a) for not more than one year or until the next uniform |
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367 | 367 | | election date if the temporary directors determine that there is |
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368 | 368 | | not sufficient time to comply with the requirements of this section |
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369 | 369 | | or if the temporary directors determine that it is in the best |
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370 | 370 | | interests of the district to maintain the temporary directors for |
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371 | 371 | | another year. |
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372 | 372 | | (c) Notice of the election of the initial directors shall be |
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373 | 373 | | published at least once in a newspaper of general circulation in the |
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374 | 374 | | district in accordance with Section 4.003(a), Election Code. |
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375 | 375 | | Sec. 1072.025. INITIAL ELECTED DIRECTORS. (a) The |
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376 | 376 | | candidate receiving the highest number of votes from each |
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377 | 377 | | commissioners precinct of Runnels County is the initial elected |
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378 | 378 | | director for that precinct, and the three candidates receiving the |
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379 | 379 | | highest number of votes from the district at large are the initial |
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380 | 380 | | elected directors for the district at large. |
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381 | 381 | | (b) Initial elected directors serve three-year terms. |
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382 | 382 | | (c) To be a candidate for or to serve as an initial elected |
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383 | 383 | | director, a person must be: |
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384 | 384 | | (1) a resident of the district; and |
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385 | 385 | | (2) a qualified voter. |
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386 | 386 | | (d) An employee of the district may not serve as an initial |
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387 | 387 | | elected director. |
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388 | 388 | | Sec. 1072.026. INITIAL ELECTED OFFICERS. (a) The initial |
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389 | 389 | | elected board shall elect a president and a vice president from |
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390 | 390 | | among the initial elected directors. |
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391 | 391 | | (b) The initial elected board shall appoint a secretary, who |
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392 | 392 | | need not be an initial elected director. |
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393 | 393 | | (c) The initial elected board shall fill a vacancy in a |
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394 | 394 | | board office for the remainder of the unexpired term. |
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395 | 395 | | Sec. 1072.027. PROCEDURE FOR ELECTION OF PERMANENT |
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396 | 396 | | DIRECTORS. Not later than the date the terms of the initial elected |
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397 | 397 | | directors expire, the initial elected board shall adopt a procedure |
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398 | 398 | | for the election of directors under Section 1072.051. The |
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399 | 399 | | procedure must provide for appropriate representation of the |
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400 | 400 | | residents of the district and must provide for the first election of |
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401 | 401 | | permanent directors to occur on the first uniform election date in |
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402 | 402 | | May that occurs at the end of the initial directors' terms. |
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403 | 403 | | [Sections 1072.028-1072.050 reserved for expansion] |
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404 | 404 | | SUBCHAPTER B. DISTRICT ADMINISTRATION |
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405 | 405 | | Sec. 1072.051. BOARD ELECTION; TERM. (a) The board |
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406 | 406 | | consists of seven directors elected in the manner prescribed by the |
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407 | 407 | | initial directors under Section 1072.026. |
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408 | 408 | | (b) An election shall be held each year on the uniform |
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409 | 409 | | election date in May to elect the appropriate number of directors. |
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410 | 410 | | (c) Directors serve staggered three-year terms. |
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411 | 411 | | Sec. 1072.052. NOTICE. Notice of the directors' election |
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412 | 412 | | shall be published at least once in a newspaper with general |
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413 | 413 | | circulation in the district in accordance with Section 4.003(a), |
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414 | 414 | | Election Code. |
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415 | 415 | | Sec. 1072.053. QUALIFICATIONS FOR OFFICE. (a) To be a |
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416 | 416 | | candidate for or to serve as a director, a person must be: |
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417 | 417 | | (1) a resident of the district; and |
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418 | 418 | | (2) a qualified voter. |
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419 | 419 | | (b) An administrator or an employee of the district may not |
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420 | 420 | | serve as a director. |
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421 | 421 | | Sec. 1072.054. DIRECTOR'S BOND. (a) Before assuming the |
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422 | 422 | | duties of office, each director must execute a bond in the amount of |
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423 | 423 | | $5,000 payable to the district and conditioned on the faithful |
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424 | 424 | | performance of the director's duties. |
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425 | 425 | | (b) The bond shall be kept in the permanent records of the |
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426 | 426 | | district. |
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427 | 427 | | (c) The board may pay for a director's bond with district |
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428 | 428 | | money. |
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429 | 429 | | Sec. 1072.055. BOARD VACANCY. If a vacancy occurs in the |
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430 | 430 | | office of director, the remaining directors shall appoint a |
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431 | 431 | | director for the remainder of the unexpired term. |
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432 | 432 | | Sec. 1072.056. OFFICERS. (a) The board shall elect a |
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433 | 433 | | president and a vice president from among the directors. |
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434 | 434 | | (b) The board shall appoint a secretary, who need not be a |
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435 | 435 | | director. |
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436 | 436 | | (c) Each officer of the board serves a one-year term. |
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437 | 437 | | (d) The board shall fill a vacancy in a board office for the |
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438 | 438 | | remainder of the unexpired term. |
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439 | 439 | | Sec. 1072.057. COMPENSATION; REIMBURSEMENT. A director or |
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440 | 440 | | officer serves without compensation but may be reimbursed for |
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441 | 441 | | actual expenses incurred in the performance of official duties. |
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442 | 442 | | The expenses must be: |
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443 | 443 | | (1) reported in the district's records; and |
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444 | 444 | | (2) approved by the board. |
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445 | 445 | | Sec. 1072.058. VOTING REQUIREMENT. A concurrence of a |
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446 | 446 | | majority of the directors voting is necessary in matters relating |
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447 | 447 | | to district business. |
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448 | 448 | | Sec. 1072.059. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S |
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449 | 449 | | BOND. (a) The board may appoint a qualified person as district |
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450 | 450 | | administrator. |
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451 | 451 | | (b) The district administrator serves at the will of the |
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452 | 452 | | board. |
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453 | 453 | | (c) The district administrator is entitled to compensation |
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454 | 454 | | determined by the board. |
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455 | 455 | | (d) Before assuming the duties of district administrator, |
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456 | 456 | | the administrator must execute a bond payable to the district in an |
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457 | 457 | | amount not less than $5,000, as determined by the board, |
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458 | 458 | | conditioned on the faithful performance of the administrator's |
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459 | 459 | | duties. |
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460 | 460 | | (e) The board may pay for the bond with district money. |
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461 | 461 | | Sec. 1072.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
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462 | 462 | | Subject to the limitations prescribed by the board, the district |
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463 | 463 | | administrator shall: |
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464 | 464 | | (1) supervise the work and activities of the district; |
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465 | 465 | | and |
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466 | 466 | | (2) direct the general affairs of the district. |
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467 | 467 | | Sec. 1072.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
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468 | 468 | | (a) The board may appoint qualified persons as assistant district |
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469 | 469 | | administrator and attorney for the district. |
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470 | 470 | | (b) The assistant district administrator and attorney for |
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471 | 471 | | the district serve at the will of the board. |
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472 | 472 | | (c) The assistant district administrator and attorney for |
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473 | 473 | | the district are entitled to compensation determined by the board. |
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474 | 474 | | Sec. 1072.062. EMPLOYEES. (a) The district may employ |
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475 | 475 | | nurses, technicians, fiscal agents, accountants, architects, |
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476 | 476 | | additional attorneys, and other necessary employees. |
---|
477 | 477 | | (b) The board may delegate to the district administrator the |
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478 | 478 | | authority to employ persons for the district. |
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479 | 479 | | Sec. 1072.063. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
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480 | 480 | | The board may spend district money, enter into agreements, and take |
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481 | 481 | | other necessary actions to recruit physicians and other persons to |
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482 | 482 | | serve as medical staff members or district employees. The actions |
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483 | 483 | | may include: |
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484 | 484 | | (1) advertising and marketing; |
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485 | 485 | | (2) paying travel, recruitment, and relocation |
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486 | 486 | | expenses; |
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487 | 487 | | (3) providing a loan or scholarship to a physician or a |
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488 | 488 | | person currently enrolled in health care education courses at an |
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489 | 489 | | institution of higher education who contracts to become a medical |
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490 | 490 | | staff member or district employee; or |
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491 | 491 | | (4) contracting with a full-time medical student or |
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492 | 492 | | other student in a health occupation who is enrolled in and in good |
---|
493 | 493 | | standing at an accredited medical school, college, or university to |
---|
494 | 494 | | pay the student's tuition or other expenses for the consideration |
---|
495 | 495 | | of the student agreeing to serve as an employee or independent |
---|
496 | 496 | | contractor for the district. |
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497 | 497 | | Sec. 1072.064. APPOINTMENT AND REMOVAL OF MEDICAL STAFF. |
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498 | 498 | | The board may: |
---|
499 | 499 | | (1) appoint to the medical staff any doctor the board |
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500 | 500 | | considers necessary for the efficient operation of the district; |
---|
501 | 501 | | (2) remove any doctor from the medical staff, after |
---|
502 | 502 | | due process, if the board considers the doctor's removal necessary |
---|
503 | 503 | | for the efficient operation of the district; and |
---|
504 | 504 | | (3) make temporary appointments to the medical staff |
---|
505 | 505 | | as the board considers necessary. |
---|
506 | 506 | | Sec. 1072.065. RETIREMENT BENEFITS. The board may provide |
---|
507 | 507 | | retirement benefits for district employees by: |
---|
508 | 508 | | (1) establishing or administering a retirement |
---|
509 | 509 | | program; or |
---|
510 | 510 | | (2) participating in: |
---|
511 | 511 | | (A) the Texas County and District Retirement |
---|
512 | 512 | | System; or |
---|
513 | 513 | | (B) another statewide retirement system in which |
---|
514 | 514 | | the district is eligible to participate. |
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515 | 515 | | [Sections 1072.066-1072.100 reserved for expansion] |
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516 | 516 | | SUBCHAPTER C. POWERS AND DUTIES |
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517 | 517 | | Sec. 1072.101. DISTRICT RESPONSIBILITY. The district has |
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518 | 518 | | full responsibility for operating hospital facilities and |
---|
519 | 519 | | providing medical and hospital care for the district's needy |
---|
520 | 520 | | residents. |
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521 | 521 | | Sec. 1072.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
---|
522 | 522 | | The board shall manage, control, and administer the hospital system |
---|
523 | 523 | | and the money and resources of the district. |
---|
524 | 524 | | Sec. 1072.103. RULES. The board may adopt rules governing: |
---|
525 | 525 | | (1) the operation of the hospital and hospital system; |
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526 | 526 | | and |
---|
527 | 527 | | (2) the duties, functions, and responsibilities of |
---|
528 | 528 | | district staff and employees. |
---|
529 | 529 | | Sec. 1072.104. PURCHASING AND ACCOUNTING PROCEDURES. The |
---|
530 | 530 | | board may prescribe: |
---|
531 | 531 | | (1) the method of making purchases and expenditures by |
---|
532 | 532 | | and for the district; and |
---|
533 | 533 | | (2) accounting and control procedures for the |
---|
534 | 534 | | district. |
---|
535 | 535 | | Sec. 1072.105. PROVISION OF CERTAIN HEALTH SERVICES. |
---|
536 | 536 | | (a) The district may operate or provide for the operation of a |
---|
537 | 537 | | mobile emergency medical service. |
---|
538 | 538 | | (b) The district may operate or provide for home health |
---|
539 | 539 | | services, long-term care, skilled nursing care, intermediate |
---|
540 | 540 | | nursing care, or hospice care. |
---|
541 | 541 | | Sec. 1072.106. DISTRICT PROPERTY, FACILITIES, AND |
---|
542 | 542 | | EQUIPMENT. (a) The board shall determine: |
---|
543 | 543 | | (1) the type, number, and location of buildings |
---|
544 | 544 | | required to maintain an adequate hospital system; and |
---|
545 | 545 | | (2) the type of equipment necessary for hospital care. |
---|
546 | 546 | | (b) The board may: |
---|
547 | 547 | | (1) acquire property, facilities, and equipment for |
---|
548 | 548 | | the district for use in the hospital system; |
---|
549 | 549 | | (2) mortgage or pledge the property, facilities, or |
---|
550 | 550 | | equipment as security for payment of the purchase price; |
---|
551 | 551 | | (3) sell or otherwise dispose of property, facilities, |
---|
552 | 552 | | or equipment for the district; or |
---|
553 | 553 | | (4) lease hospital facilities for the district. |
---|
554 | 554 | | Sec. 1072.107. OPERATING AND MANAGEMENT CONTRACTS. The |
---|
555 | 555 | | board may enter into operating or management contracts relating to |
---|
556 | 556 | | hospital facilities for the district. |
---|
557 | 557 | | Sec. 1072.108. SERVICE CONTRACTS. (a) The board may |
---|
558 | 558 | | contract with a public or private hospital, a political subdivision |
---|
559 | 559 | | of the state, or a state or federal agency for the district to |
---|
560 | 560 | | provide a mobile emergency medical service or other health care |
---|
561 | 561 | | services needed to provide for the investigatory or welfare needs |
---|
562 | 562 | | of residents of the district. |
---|
563 | 563 | | (b) The board may contract with a person to receive or |
---|
564 | 564 | | supply the services the board considers necessary for the effective |
---|
565 | 565 | | operation of the district. |
---|
566 | 566 | | Sec. 1072.109. EMINENT DOMAIN. (a) The district may |
---|
567 | 567 | | exercise the power of eminent domain to acquire a fee simple or |
---|
568 | 568 | | other interest in property located in district territory if the |
---|
569 | 569 | | interest is necessary for the district to exercise the rights or |
---|
570 | 570 | | authority conferred by this chapter. |
---|
571 | 571 | | (b) The district must exercise the power of eminent domain |
---|
572 | 572 | | in the manner provided by Chapter 21, Property Code, except that the |
---|
573 | 573 | | district is not required to deposit with the trial court money or a |
---|
574 | 574 | | bond as provided by Section 21.021(a), Property Code. |
---|
575 | 575 | | (c) In a condemnation proceeding brought by the district, |
---|
576 | 576 | | the district is not required to: |
---|
577 | 577 | | (1) pay in advance or provide bond or other security |
---|
578 | 578 | | for costs in the trial court; |
---|
579 | 579 | | (2) provide bond for the issuance of a temporary |
---|
580 | 580 | | restraining order or a temporary injunction; or |
---|
581 | 581 | | (3) provide a bond for costs or a supersedeas bond on |
---|
582 | 582 | | an appeal or writ of error. |
---|
583 | 583 | | Sec. 1072.110. COST OF RELOCATING OR ALTERING PROPERTY. In |
---|
584 | 584 | | exercising the power of eminent domain, if the board requires |
---|
585 | 585 | | relocating, raising, lowering, rerouting, changing the grade, or |
---|
586 | 586 | | altering the construction of any railroad, highway, pipeline, or |
---|
587 | 587 | | electric transmission and electric distribution, telegraph, or |
---|
588 | 588 | | telephone line, conduit, pole, or facility, the district shall pay |
---|
589 | 589 | | the actual cost of that activity to provide a comparable |
---|
590 | 590 | | replacement, without enhancement of facilities, after deducting |
---|
591 | 591 | | the net salvage value derived from the old facility. |
---|
592 | 592 | | Sec. 1072.111. GIFTS AND ENDOWMENTS. The board may accept |
---|
593 | 593 | | for the district a gift or endowment to be held in trust for any |
---|
594 | 594 | | purpose and under any direction, limitation, or provision in |
---|
595 | 595 | | writing by the donor that is consistent with the proper management |
---|
596 | 596 | | of the district. |
---|
597 | 597 | | Sec. 1072.112. PAYMENT FOR TREATMENT; PROCEDURES. |
---|
598 | 598 | | (a) When a person who resides in the district is admitted as a |
---|
599 | 599 | | patient to a district facility, the district administrator may have |
---|
600 | 600 | | an inquiry made into the financial circumstances of: |
---|
601 | 601 | | (1) the patient; and |
---|
602 | 602 | | (2) a relative of the patient who is legally |
---|
603 | 603 | | responsible for the patient's support. |
---|
604 | 604 | | (b) To the extent that the patient or a relative of the |
---|
605 | 605 | | patient who is legally responsible for the patient's support cannot |
---|
606 | 606 | | pay for care and treatment provided by the district, the district |
---|
607 | 607 | | shall supply the care and treatment without charging the patient or |
---|
608 | 608 | | the patient's relative. |
---|
609 | 609 | | (c) On determining that the patient or a relative legally |
---|
610 | 610 | | responsible for the patient's support can pay for all or part of the |
---|
611 | 611 | | care and treatment provided by the district, the district |
---|
612 | 612 | | administrator shall report that determination to the board, and the |
---|
613 | 613 | | board shall issue an order directing the patient or the relative to |
---|
614 | 614 | | pay the district a specified amount each week. The amount must be |
---|
615 | 615 | | based on the person's ability to pay. |
---|
616 | 616 | | (d) The district administrator may collect money owed to the |
---|
617 | 617 | | district from the patient's estate or from that of a relative |
---|
618 | 618 | | legally responsible for the patient's support in the manner |
---|
619 | 619 | | provided by law for the collection of expenses in the last illness |
---|
620 | 620 | | of a deceased person. |
---|
621 | 621 | | (e) If there is a dispute relating to a person's ability to |
---|
622 | 622 | | pay or if the district administrator has any doubt concerning a |
---|
623 | 623 | | person's ability to pay, the board shall call witnesses, hear and |
---|
624 | 624 | | resolve the question, and issue a final order. The order may be |
---|
625 | 625 | | appealed to a district court in the county in which the district is |
---|
626 | 626 | | located. The substantial evidence rule applies to an appeal under |
---|
627 | 627 | | this subsection. |
---|
628 | 628 | | Sec. 1072.113. REIMBURSEMENT FOR SERVICES. (a) The board |
---|
629 | 629 | | shall require a county, municipality, or public hospital located |
---|
630 | 630 | | outside of the district to reimburse the district for the |
---|
631 | 631 | | district's care and treatment of a sick or injured person of that |
---|
632 | 632 | | county, municipality, or hospital, as provided by Chapter 61, |
---|
633 | 633 | | Health and Safety Code. |
---|
634 | 634 | | (b) The board shall require the sheriff of Runnels County to |
---|
635 | 635 | | reimburse the district for the district's care and treatment of a |
---|
636 | 636 | | person who is confined in a jail facility of Runnels County and is |
---|
637 | 637 | | not a resident of the district. |
---|
638 | 638 | | (c) On behalf of the district, the board may contract with |
---|
639 | 639 | | the state or federal government for that government to reimburse |
---|
640 | 640 | | the district for treatment of a sick or injured person. |
---|
641 | 641 | | Sec. 1072.114. NONPROFIT CORPORATION. (a) The district |
---|
642 | 642 | | may create and sponsor a nonprofit corporation under the Business |
---|
643 | 643 | | Organizations Code and may contribute money to or solicit money for |
---|
644 | 644 | | the corporation. |
---|
645 | 645 | | (b) A corporation created under this section may use money |
---|
646 | 646 | | contributed by the district only to provide health care or other |
---|
647 | 647 | | services the district is authorized to provide under this chapter. |
---|
648 | 648 | | (c) The corporation may invest the corporation's money in |
---|
649 | 649 | | any manner in which the district may invest the district's money, |
---|
650 | 650 | | including investing money as authorized by Chapter 2256, Government |
---|
651 | 651 | | Code. |
---|
652 | 652 | | (d) The board shall establish controls to ensure that the |
---|
653 | 653 | | corporation uses its money as required by this section. |
---|
654 | 654 | | Sec. 1072.115. AUTHORITY TO SUE AND BE SUED. The board may |
---|
655 | 655 | | sue and be sued on behalf of the district. |
---|
656 | 656 | | Sec. 1072.116. CONSTRUCTION CONTRACTS; ADVERTISING FOR |
---|
657 | 657 | | CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a |
---|
658 | 658 | | construction contract on the district's behalf. |
---|
659 | 659 | | (b) The board may enter into a construction contract only |
---|
660 | 660 | | after competitive bidding as provided by Subchapter B, Chapter 271, |
---|
661 | 661 | | Local Government Code, if the amount of the contract is greater than |
---|
662 | 662 | | the amount provided by Section 271.024 of that code. |
---|
663 | 663 | | [Sections 1072.117-1072.150 reserved for expansion] |
---|
664 | 664 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
665 | 665 | | Sec. 1072.151. BUDGET. (a) The district administrator |
---|
666 | 666 | | shall prepare a proposed annual budget for the district. |
---|
667 | 667 | | (b) The proposed budget must contain a complete financial |
---|
668 | 668 | | statement, including a statement of: |
---|
669 | 669 | | (1) the outstanding obligations of the district; |
---|
670 | 670 | | (2) the amount of cash on hand to the credit of each |
---|
671 | 671 | | fund of the district; |
---|
672 | 672 | | (3) the amount of money received by the district from |
---|
673 | 673 | | all sources during the previous year; |
---|
674 | 674 | | (4) the amount of money available to the district from |
---|
675 | 675 | | all sources during the ensuing year; |
---|
676 | 676 | | (5) the amount of the balances expected at the end of |
---|
677 | 677 | | the year in which the budget is being prepared; |
---|
678 | 678 | | (6) the estimated amount of revenues and balances |
---|
679 | 679 | | available to cover the proposed budget; and |
---|
680 | 680 | | (7) the estimated tax rate required. |
---|
681 | 681 | | Sec. 1072.152. NOTICE; HEARING; ADOPTION OF BUDGET. |
---|
682 | 682 | | (a) The board shall hold a public hearing on the proposed budget. |
---|
683 | 683 | | (b) The board shall publish notice of the hearing in a |
---|
684 | 684 | | newspaper with general circulation in the district not later than |
---|
685 | 685 | | the 10th day before the date of the hearing. |
---|
686 | 686 | | (c) Any district resident is entitled to be present and |
---|
687 | 687 | | participate at the hearing. |
---|
688 | 688 | | (d) At the conclusion of the hearing, the board shall adopt |
---|
689 | 689 | | a budget by acting on the budget proposed by the district |
---|
690 | 690 | | administrator. The board may make a change in the proposed budget |
---|
691 | 691 | | that the board determines to be in the interests of the taxpayers. |
---|
692 | 692 | | (e) The budget is effective only after adoption by the |
---|
693 | 693 | | board. |
---|
694 | 694 | | Sec. 1072.153. AMENDMENT OF BUDGET. After the budget is |
---|
695 | 695 | | adopted, the budget may be amended on the board's approval. |
---|
696 | 696 | | Sec. 1072.154. FISCAL YEAR. (a) The district operates |
---|
697 | 697 | | according to a fiscal year established by the board. |
---|
698 | 698 | | (b) The fiscal year may not be changed: |
---|
699 | 699 | | (1) during a period in which revenue bonds of the |
---|
700 | 700 | | district are outstanding; or |
---|
701 | 701 | | (2) more than once in a 24-month period. |
---|
702 | 702 | | Sec. 1072.155. ANNUAL AUDIT. The board shall have an annual |
---|
703 | 703 | | audit made of the financial condition of the district. |
---|
704 | 704 | | Sec. 1072.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
---|
705 | 705 | | RECORDS. The annual audit and other district records are open to |
---|
706 | 706 | | inspection during regular business hours at the principal office of |
---|
707 | 707 | | the district. |
---|
708 | 708 | | Sec. 1072.157. FINANCIAL REPORT. As soon as practicable |
---|
709 | 709 | | after the close of each fiscal year, the district administrator |
---|
710 | 710 | | shall prepare for the board a sworn statement of the amount of |
---|
711 | 711 | | district money and an account of the disbursement of that money. |
---|
712 | 712 | | Sec. 1072.158. SHORT-TERM FINANCING. The district may |
---|
713 | 713 | | borrow money through short-term financing. |
---|
714 | 714 | | Sec. 1072.159. DEBT LIMITATION. Except as provided by |
---|
715 | 715 | | Chapter 1207, Government Code, and Sections 1072.116, 1072.201, and |
---|
716 | 716 | | 1072.204, the district may not incur a debt payable from district |
---|
717 | 717 | | revenue other than revenue available in the current fiscal year and |
---|
718 | 718 | | the immediately following fiscal year of the district. |
---|
719 | 719 | | Sec. 1072.160. DEPOSITORY. (a) The board shall select at |
---|
720 | 720 | | least one bank to serve as a depository for district money. |
---|
721 | 721 | | (b) The board may solicit bids from local financial |
---|
722 | 722 | | institutions to determine which institution may serve as a |
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723 | 723 | | depository for district money. |
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724 | 724 | | (c) District money, other than money invested as provided by |
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725 | 725 | | Section 1072.161 and money transmitted to a bank for payment of |
---|
726 | 726 | | bonds or obligations issued or assumed by the district, shall be |
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727 | 727 | | deposited as received with the depository bank and shall remain on |
---|
728 | 728 | | deposit. This subsection does not limit the board's power to place |
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729 | 729 | | part of the district's money on time deposit or to purchase |
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730 | 730 | | certificates of deposit. |
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731 | 731 | | (d) The district may deposit money with a bank in an amount |
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732 | 732 | | that exceeds the maximum amount secured by the Federal Deposit |
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733 | 733 | | Insurance Corporation only if the bank first executes a bond or |
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734 | 734 | | other security in an amount sufficient to secure from loss the |
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735 | 735 | | district money that exceeds the amount secured by the Federal |
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736 | 736 | | Deposit Insurance Corporation. |
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737 | 737 | | Sec. 1072.161. RESTRICTION ON INVESTMENT. The board may |
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738 | 738 | | invest operating, depreciation, or building reserves only in funds |
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739 | 739 | | or securities specified by Chapter 2256, Government Code. |
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740 | 740 | | [Sections 1072.162-1072.200 reserved for expansion] |
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741 | 741 | | SUBCHAPTER E. BONDS |
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742 | 742 | | Sec. 1072.201. GENERAL OBLIGATION BONDS. If authorized by |
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743 | 743 | | an election, the board may issue and sell general obligation bonds |
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744 | 744 | | in the name and on the faith and credit of the district to: |
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745 | 745 | | (1) purchase, construct, acquire, repair, or renovate |
---|
746 | 746 | | buildings or improvements; |
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747 | 747 | | (2) equip buildings or improvements for hospital |
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748 | 748 | | purposes; or |
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749 | 749 | | (3) acquire and operate a mobile emergency medical |
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750 | 750 | | service. |
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751 | 751 | | Sec. 1072.202. TAX TO PAY GENERAL OBLIGATION BONDS. |
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752 | 752 | | (a) At the time general obligation bonds are issued by the |
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753 | 753 | | district under Section 1072.201, the board shall impose an ad |
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754 | 754 | | valorem tax in an amount sufficient to create an interest and |
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755 | 755 | | sinking fund to pay the principal of and interest on the bonds as |
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756 | 756 | | the bonds mature. |
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757 | 757 | | (b) The tax required by this section together with any other |
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758 | 758 | | tax the district imposes in any year may not exceed the limit |
---|
759 | 759 | | approved by the voters at the election authorizing the imposition |
---|
760 | 760 | | of taxes. |
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761 | 761 | | Sec. 1072.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
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762 | 762 | | district may issue general obligation bonds only if the bonds are |
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763 | 763 | | authorized by a majority of the voters voting in an election held |
---|
764 | 764 | | for that purpose. |
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765 | 765 | | (b) The board may order a bond election. The order calling |
---|
766 | 766 | | the election must specify: |
---|
767 | 767 | | (1) the nature and date of the election; |
---|
768 | 768 | | (2) the hours during which the polls will be open; |
---|
769 | 769 | | (3) the location of polling places; |
---|
770 | 770 | | (4) the amounts of the bonds to be authorized; and |
---|
771 | 771 | | (5) the maximum maturity of the bonds. |
---|
772 | 772 | | (c) Notice of a bond election must be given as provided by |
---|
773 | 773 | | Chapter 1251, Government Code. |
---|
774 | 774 | | (d) The board shall declare the results of the election. |
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775 | 775 | | Sec. 1072.204. REVENUE BONDS. (a) The board may issue |
---|
776 | 776 | | revenue bonds to: |
---|
777 | 777 | | (1) acquire, purchase, construct, repair, renovate, |
---|
778 | 778 | | or equip buildings or improvements for hospital purposes; |
---|
779 | 779 | | (2) acquire sites to be used for hospital purposes; or |
---|
780 | 780 | | (3) acquire and operate a mobile emergency medical |
---|
781 | 781 | | service to assist the district in carrying out its hospital |
---|
782 | 782 | | purposes. |
---|
783 | 783 | | (b) The bonds must be payable from and secured by a pledge of |
---|
784 | 784 | | all or part of the revenues derived from the operation of the |
---|
785 | 785 | | district's hospital system. |
---|
786 | 786 | | (c) The bonds may be additionally secured by a mortgage or |
---|
787 | 787 | | deed of trust lien on all or part of the district property. |
---|
788 | 788 | | (d) The bonds must be issued in the manner provided by |
---|
789 | 789 | | Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
---|
790 | 790 | | Health and Safety Code, for issuance of revenue bonds by county |
---|
791 | 791 | | hospital authorities. |
---|
792 | 792 | | Sec. 1072.205. MATURITY. District bonds must mature not |
---|
793 | 793 | | later than 40 years after the date of their issuance. |
---|
794 | 794 | | Sec. 1072.206. EXECUTION OF BONDS. (a) The board |
---|
795 | 795 | | president shall execute district bonds in the district's name. |
---|
796 | 796 | | (b) The board secretary shall countersign the bonds in the |
---|
797 | 797 | | manner provided by Chapter 618, Government Code. |
---|
798 | 798 | | Sec. 1072.207. BONDS NOT SUBJECT TO TAXATION. The |
---|
799 | 799 | | following are not subject to taxation by the state or by a political |
---|
800 | 800 | | subdivision of the state: |
---|
801 | 801 | | (1) bonds issued by the district; |
---|
802 | 802 | | (2) any transaction relating to the bonds; and |
---|
803 | 803 | | (3) profits made in the sale of the bonds. |
---|
804 | 804 | | [Sections 1072.208-1072.250 reserved for expansion] |
---|
805 | 805 | | SUBCHAPTER F. AD VALOREM TAX |
---|
806 | 806 | | Sec. 1072.251. IMPOSITION OF AD VALOREM TAX. (a) The |
---|
807 | 807 | | board shall impose a tax on all property in the district subject to |
---|
808 | 808 | | hospital district taxation. |
---|
809 | 809 | | (b) The tax may be used to pay: |
---|
810 | 810 | | (1) indebtedness issued or assumed by the district; |
---|
811 | 811 | | and |
---|
812 | 812 | | (2) the maintenance and operating expenses of the |
---|
813 | 813 | | district. |
---|
814 | 814 | | (c) The district may not impose a tax to pay the principal of |
---|
815 | 815 | | or interest on revenue bonds issued under this chapter. |
---|
816 | 816 | | Sec. 1072.252. TAX RATE. (a) The board may impose an |
---|
817 | 817 | | annual tax at a rate not to exceed the limit approved by the voters |
---|
818 | 818 | | at the election authorizing the imposition of a tax. |
---|
819 | 819 | | (b) The tax rate on all taxable property in the district for |
---|
820 | 820 | | all purposes may not exceed 75 cents on each $100 valuation of the |
---|
821 | 821 | | property according to the most recent certified tax appraisal roll |
---|
822 | 822 | | of the district. |
---|
823 | 823 | | (c) In setting the tax rate, the board shall consider |
---|
824 | 824 | | district income from sources other than taxation. |
---|
825 | 825 | | Sec. 1072.253. TAX ASSESSOR-COLLECTOR. The board may |
---|
826 | 826 | | provide for the appointment of a tax assessor-collector for the |
---|
827 | 827 | | district or may contract for the assessment and collection of taxes |
---|
828 | 828 | | as provided by the Tax Code. |
---|
829 | 829 | | [Sections 1072.254-1072.300 reserved for expansion] |
---|
830 | 830 | | SUBCHAPTER G. DISSOLUTION |
---|
831 | 831 | | Sec. 1072.301. DISSOLUTION; ELECTION. (a) The district |
---|
832 | 832 | | may be dissolved only on approval of a majority of the voters voting |
---|
833 | 833 | | in an election held for that purpose. |
---|
834 | 834 | | (b) The board may order an election on the question of |
---|
835 | 835 | | dissolving the district and disposing of the district's assets and |
---|
836 | 836 | | obligations. |
---|
837 | 837 | | (c) The board shall order an election if the board receives |
---|
838 | 838 | | a petition requesting an election that is signed by at least 15 |
---|
839 | 839 | | percent of the district's registered voters. |
---|
840 | 840 | | (d) The order calling the election must state: |
---|
841 | 841 | | (1) the nature of the election, including the |
---|
842 | 842 | | proposition that is to appear on the ballot; |
---|
843 | 843 | | (2) the date of the election; |
---|
844 | 844 | | (3) the hours during which the polls will be open; and |
---|
845 | 845 | | (4) the location of the polling places. |
---|
846 | 846 | | (e) Section 41.001, Election Code, does not apply to an |
---|
847 | 847 | | election ordered under this section. |
---|
848 | 848 | | Sec. 1072.302. NOTICE OF ELECTION. (a) The board shall |
---|
849 | 849 | | give notice of an election under this subchapter by publishing a |
---|
850 | 850 | | substantial copy of the election order in a newspaper with general |
---|
851 | 851 | | circulation in the district once a week for two consecutive weeks. |
---|
852 | 852 | | (b) The first publication must appear not later than the |
---|
853 | 853 | | 35th day before the date set for the election. |
---|
854 | 854 | | Sec. 1072.303. BALLOT. The ballot for an election under |
---|
855 | 855 | | this subchapter must be printed to permit voting for or against the |
---|
856 | 856 | | proposition: "The dissolution of the North Runnels County Hospital |
---|
857 | 857 | | District." |
---|
858 | 858 | | Sec. 1072.304. ELECTION RESULTS. (a) If a majority of the |
---|
859 | 859 | | votes in an election under this subchapter favor dissolution, the |
---|
860 | 860 | | board shall order that the district be dissolved. |
---|
861 | 861 | | (b) If a majority of the votes in an election under this |
---|
862 | 862 | | subchapter do not favor dissolution, the board shall continue to |
---|
863 | 863 | | administer the district, and another election on the question of |
---|
864 | 864 | | dissolution may not be held before the first anniversary of the date |
---|
865 | 865 | | of the most recent election to dissolve the district. |
---|
866 | 866 | | Sec. 1072.305. TRANSFER OR ADMINISTRATION OF ASSETS. |
---|
867 | 867 | | (a) If a majority of the votes in an election under this subchapter |
---|
868 | 868 | | favor dissolution, the board shall: |
---|
869 | 869 | | (1) transfer the land, buildings, improvements, |
---|
870 | 870 | | equipment, and other assets belonging to the district to Runnels |
---|
871 | 871 | | County or another governmental entity in Runnels County; or |
---|
872 | 872 | | (2) administer the property, assets, and debts of the |
---|
873 | 873 | | district until all money has been disposed of and all district debts |
---|
874 | 874 | | have been paid or settled. |
---|
875 | 875 | | (b) If the district makes a transfer under Subsection |
---|
876 | 876 | | (a)(1), the county or governmental entity assumes all debts and |
---|
877 | 877 | | obligations of the district at the time of the transfer. The |
---|
878 | 878 | | district is dissolved at the time of the transfer. |
---|
879 | 879 | | (c) If the district administers the property, assets, and |
---|
880 | 880 | | debts of the district under Subsection (a)(2), the district is |
---|
881 | 881 | | dissolved when all money has been disposed of and all district debts |
---|
882 | 882 | | have been paid or settled. |
---|
883 | 883 | | Sec. 1072.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
---|
884 | 884 | | TAXES. (a) After the board determines that the district is |
---|
885 | 885 | | dissolved, the board shall: |
---|
886 | 886 | | (1) determine the debt owed by the district; and |
---|
887 | 887 | | (2) impose on the property included in the district's |
---|
888 | 888 | | tax rolls a tax that is in proportion of the debt to the property |
---|
889 | 889 | | value. |
---|
890 | 890 | | (b) On the payment of all outstanding debts and obligations |
---|
891 | 891 | | of the district, the board shall order the secretary to return to |
---|
892 | 892 | | each district taxpayer the taxpayer's pro rata share of all unused |
---|
893 | 893 | | tax money. |
---|
894 | 894 | | (c) A taxpayer may request that the taxpayer's share of |
---|
895 | 895 | | surplus tax money be credited to the taxpayer's county taxes. If a |
---|
896 | 896 | | taxpayer requests the credit, the board shall direct the secretary |
---|
897 | 897 | | to transmit the funds to the county tax assessor-collector. |
---|
898 | 898 | | Sec. 1072.307. REPORT; DISSOLUTION ORDER. (a) After the |
---|
899 | 899 | | district has paid all its debts and has disposed of all its money |
---|
900 | 900 | | and other assets as prescribed by this subchapter, the board shall |
---|
901 | 901 | | file a written report with the Commissioners Court of Runnels |
---|
902 | 902 | | County summarizing the board's actions in dissolving the district. |
---|
903 | 903 | | (b) Not later than the 10th day after the date the |
---|
904 | 904 | | Commissioners Court of Runnels County receives the report and |
---|
905 | 905 | | determines that the requirements of this subchapter have been |
---|
906 | 906 | | fulfilled, the commissioners court shall enter an order dissolving |
---|
907 | 907 | | the district and releasing the board from any further duty or |
---|
908 | 908 | | obligation. |
---|
909 | 909 | | SECTION 3.02. The members of the board of directors of the |
---|
910 | 910 | | Runnels County Hospital District elected at the first election held |
---|
911 | 911 | | under Section 1072.051, Special District Local Laws Code, as added |
---|
912 | 912 | | by this Act, shall draw lots to determine the terms each director |
---|
913 | 913 | | serves. Three directors shall serve two-year terms and four |
---|
914 | 914 | | directors shall serve three-year terms. Successor directors shall |
---|
915 | 915 | | serve three-year terms. |
---|
916 | 916 | | SECTION 3.03. If the creation of the Runnels County |
---|
917 | 917 | | Hospital District is not approved at an election held not later than |
---|
918 | 918 | | the fifth anniversary of the effective date of this Act, Chapter |
---|
919 | 919 | | 1072, Special District Local Laws Code, as added by this article, |
---|
920 | 920 | | expires. |
---|
921 | 921 | | ARTICLE 4. EFFECTIVE DATE |
---|
922 | 922 | | SECTION 4.01. This Act takes effect immediately if it |
---|
923 | 923 | | receives a vote of two-thirds of all the members elected to each |
---|
924 | 924 | | house, as provided by Section 39, Article III, Texas Constitution. |
---|
925 | 925 | | If this Act does not receive the vote necessary for immediate |
---|
926 | 926 | | effect, this Act takes effect September 1, 2009. |
---|
927 | 927 | | ______________________________ ______________________________ |
---|
928 | 928 | | President of the Senate Speaker of the House |
---|
929 | 929 | | I hereby certify that S.B. No. 2517 passed the Senate on |
---|
930 | 930 | | April 30, 2009, by the following vote: Yeas 31, Nays 0. |
---|
931 | 931 | | ______________________________ |
---|
932 | 932 | | Secretary of the Senate |
---|
933 | 933 | | I hereby certify that S.B. No. 2517 passed the House on |
---|
934 | 934 | | May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
---|
935 | 935 | | present not voting. |
---|
936 | 936 | | ______________________________ |
---|
937 | 937 | | Chief Clerk of the House |
---|
938 | 938 | | Approved: |
---|
939 | 939 | | ______________________________ |
---|
940 | 940 | | Date |
---|
941 | 941 | | ______________________________ |
---|
942 | 942 | | Governor |
---|