Texas 2009 - 81st Regular

Texas Senate Bill SB2517 Compare Versions

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11 S.B. No. 2517
22
33
44 AN ACT
55 relating to the dissolution of the Ballinger Memorial Hospital
66 District and the North Runnels County Hospital District and the
77 creation of the Runnels County Hospital District; granting the
88 authority to impose a tax and issue bonds; granting the power of
99 eminent domain.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 ARTICLE 1. DISSOLUTION OF BALLINGER MEMORIAL HOSPITAL DISTRICT ON
1212 CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT
1313 SECTION 1.01. Chapter 1004, Special District Local Laws
1414 Code, is amended by adding Subchapter D-1 to read as follows:
1515 SUBCHAPTER D-1. DISSOLUTION OF BALLINGER MEMORIAL HOSPITAL
1616 DISTRICT ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT
1717 Sec. 1004.171. DISSOLUTION; ELECTION. (a) The board may
1818 order an election on the question of the dissolution of the
1919 district, creation of the Runnels County Hospital District,
2020 transfer of the district's assets and obligations to the Runnels
2121 County Hospital District, and assumption of the district's
2222 outstanding debts by the Runnels County Hospital District.
2323 (b) The board shall order the election if:
2424 (1) the board receives a petition requesting an
2525 election that is signed by at least 50 of the district's registered
2626 voters; or
2727 (2) the board receives notice that the board of
2828 directors of the North Runnels County Hospital District intends to
2929 order an election to dissolve the North Runnels County Hospital
3030 District and create the Runnels County Hospital District under
3131 Section 20c, Chapter 206, Acts of the 61st Legislature, Regular
3232 Session, 1969.
3333 (c) If the board intends to hold an election under this
3434 subchapter, the board shall notify the board of directors of the
3535 North Runnels County Hospital District and the Runnels County
3636 Commissioners Court of that intention.
3737 (d) The election held under this subchapter shall be held on
3838 the same date as the election to dissolve the North Runnels County
3939 Hospital District and create the Runnels County Hospital District
4040 under Section 20c, Chapter 206, Acts of the 61st Legislature,
4141 Regular Session, 1969, and the election in the portion of the county
4242 not included in a hospital district to create the Runnels County
4343 Hospital District. The board shall coordinate with the board of
4444 directors of the North Runnels County Hospital District and the
4545 Commissioners Court of Runnels County in setting the election date
4646 under this section.
4747 (e) The order calling the election must state:
4848 (1) the nature of the election, including the
4949 proposition that is to appear on the ballot;
5050 (2) the date of the election;
5151 (3) the hours during which the polls will be open; and
5252 (4) the location of the polling places.
5353 (f) Section 41.001, Election Code, does not apply to an
5454 election ordered under this section.
5555 Sec. 1004.172. NOTICE OF ELECTION. (a) The board shall
5656 give notice of an election under this subchapter by publishing a
5757 substantial copy of the election order in a newspaper with general
5858 circulation in the district once a week for two consecutive weeks.
5959 (b) The first publication must appear not later than the
6060 35th day before the date set for the election.
6161 Sec. 1004.173. BALLOT. The ballot for an election under
6262 this subchapter must be printed to permit voting for or against the
6363 proposition: "The dissolution of the Ballinger Memorial Hospital
6464 District and the creation of the Runnels County Hospital District,
6565 providing for the imposition of an ad valorem tax at a rate not to
6666 exceed ____ cents (insert any rate not to exceed 75 cents) on each
6767 $100 valuation of taxable property in Runnels County, and providing
6868 for the transfer to and assumption by the Runnels County Hospital
6969 District of all outstanding bonds and other obligations issued for
7070 hospital purposes by the Ballinger Memorial Hospital District,
7171 Runnels County, and any part of a municipality located in Runnels
7272 County, and the transfer of the existing Ballinger Memorial
7373 Hospital District's assets to the Runnels County Hospital
7474 District."
7575 Sec. 1004.174. ELECTION RESULTS. (a) The board shall find
7676 that the district is dissolved if:
7777 (1) a majority of the votes in an election under this
7878 subchapter favor dissolution of the district and creation of the
7979 Runnels County Hospital District;
8080 (2) a majority of the votes in an election held on the
8181 same date under Section 20c, Chapter 206, Acts of the 61st
8282 Legislature, Regular Session, 1969, favor dissolution of the North
8383 Runnels County Hospital District and creation of the Runnels County
8484 Hospital District; and
8585 (3) a cumulative majority of the votes in all three
8686 elections held on the question of creating the Runnels County
8787 Hospital District favor creation of the district.
8888 (b) If a majority of the votes in either election under
8989 Subdivision (a)(1) or (2) do not favor dissolution of the district
9090 and creation of the Runnels County Hospital District, or if a
9191 cumulative majority of the votes in all three elections held on the
9292 question of creating the Runnels County Hospital District do not
9393 favor creation of the district, the board shall continue to
9494 administer the district, and another election on the question of
9595 dissolution under this subchapter may not be held before the first
9696 anniversary of the date of the most recent election under this
9797 subchapter to dissolve the district.
9898 Sec. 1004.175. TRANSFER OR ADMINISTRATION OF ASSETS.
9999 (a) If a majority of the votes in both elections under Sections
100100 1004.174(a)(1) and (2) favor dissolution of the district and
101101 creation of the Runnels County Hospital District, and a cumulative
102102 majority of the votes in all three elections held on the question of
103103 creating the Runnels County Hospital District favor creation of the
104104 district, the board shall transfer the land, buildings,
105105 improvements, equipment, and other assets belonging to the district
106106 to the Runnels County Hospital District.
107107 (b) On the date the district makes the transfer under
108108 Subsection (a), the Runnels County Hospital District assumes all
109109 debts and obligations of the district at the time of the transfer.
110110 The district is dissolved at the time of the transfer and the board
111111 is released from any further duty or obligation.
112112 SECTION 1.02. On the dissolution of the Ballinger Memorial
113113 Hospital District and the approval of the creation of the Runnels
114114 County Hospital District, a reference in any law to the Ballinger
115115 Memorial Hospital District means the Runnels County Hospital
116116 District.
117117 SECTION 1.03. (a) An election to dissolve the Ballinger
118118 Memorial Hospital District and create the Runnels County Hospital
119119 District must be held not later than the fifth anniversary of the
120120 effective date of this Act.
121121 (b) If the dissolution of the Ballinger Memorial Hospital
122122 District and creation of the Runnels County Hospital District are
123123 not approved at an election held not later than the fifth
124124 anniversary of the effective date of this Act, Subchapter D-1,
125125 Chapter 1004, Special District Local Laws Code, as added by this
126126 article, expires.
127127 ARTICLE 2. DISSOLUTION OF NORTH RUNNELS COUNTY HOSPITAL DISTRICT
128128 ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT
129129 SECTION 2.01. Chapter 206, Acts of the 61st Legislature,
130130 Regular Session, 1969, is amended by adding Section 20c to read as
131131 follows:
132132 Sec. 20c. (a) The board may order an election on the
133133 question of the dissolution of the district, creation of the
134134 Runnels County Hospital District, transfer of the district's assets
135135 and obligations to the Runnels County Hospital District, and
136136 assumption of the district's outstanding debts by the Runnels
137137 County Hospital District.
138138 (b) The board shall order the election if:
139139 (1) the board receives a petition requesting an
140140 election that is signed by at least 50 of the district's registered
141141 voters; or
142142 (2) the board receives notice that the board of
143143 directors of the Ballinger Memorial Hospital District intends to
144144 order an election to dissolve the Ballinger Memorial Hospital
145145 District and create the Runnels County Hospital District under
146146 Subchapter D-1, Chapter 1004, Special District Local Laws Code.
147147 (c) If the board intends to hold an election under this
148148 section, the board shall notify the board of directors of the
149149 Ballinger Memorial Hospital District and the Runnels County
150150 Commissioners Court of that intention. The election held under
151151 this section shall be held on the same date as the election to
152152 dissolve the Ballinger Memorial Hospital District and create the
153153 Runnels County Hospital District under Subchapter D-1, Chapter
154154 1004, Special District Local Laws Code, and the election in the
155155 portion of the county not included in a hospital district to create
156156 the Runnels County Hospital District. The board shall coordinate
157157 with the board of directors of the Ballinger Memorial Hospital
158158 District and the Commissioners Court of Runnels County in setting
159159 the election date under this section.
160160 (d) The order calling the election must state:
161161 (1) the nature of the election, including the
162162 proposition that is to appear on the ballot;
163163 (2) the date of the election;
164164 (3) the hours during which the polls will be open; and
165165 (4) the location of the polling places.
166166 (e) Section 41.001, Election Code, does not apply to an
167167 election ordered under this section.
168168 (f) The board shall give notice of an election under this
169169 subchapter by publishing a substantial copy of the election order
170170 in a newspaper with general circulation in the district once a week
171171 for two consecutive weeks. The first publication must appear not
172172 later than the 35th day before the date set for the election.
173173 (g) The ballot for an election under this subchapter must be
174174 printed to permit voting for or against the proposition: "The
175175 dissolution of the North Runnels County Hospital District and the
176176 creation of the Runnels County Hospital District, providing for the
177177 imposition of an ad valorem tax at a rate not to exceed ____ cents
178178 (insert any rate not to exceed 75 cents) on each $100 valuation of
179179 taxable property in Runnels County, and providing for the transfer
180180 to and assumption by the Runnels County Hospital District of all
181181 outstanding bonds and other obligations issued for hospital
182182 purposes by the North Runnels County Hospital District, Runnels
183183 County, and any part of a municipality located in Runnels County,
184184 and the transfer of the existing North Runnels County Hospital
185185 District's assets to the Runnels County Hospital District."
186186 (h) The board shall find that the district is dissolved if:
187187 (1) a majority of the votes in an election under this
188188 section favor dissolution of the district and creation of the
189189 Runnels County Hospital District;
190190 (2) a majority of the votes in an election held on the
191191 same date under Subchapter D-1, Chapter 1004, Special District
192192 Local Laws Code, favor dissolution of the Ballinger Memorial
193193 Hospital District and creation of the Runnels County Hospital
194194 District; and
195195 (3) a cumulative majority of the votes in all three
196196 elections held on the question of creating the Runnels County
197197 Hospital District favor creation of the district.
198198 (i) If a majority of the votes in either election under
199199 Subdivision (h)(1) or (2) of this section do not favor dissolution
200200 of the district and creation of the Runnels County Hospital
201201 District, or if a cumulative majority of the votes in all three
202202 elections held on the question of creating the Runnels County
203203 Hospital District do not favor creation of the district, the board
204204 shall continue to administer the district, and another election on
205205 the question of dissolution under this section may not be held
206206 before the first anniversary of the date of the most recent election
207207 under this section to dissolve the district.
208208 (j) If a majority of the votes in both elections under
209209 Subdivisions (h)(1) and (2) of this section favor dissolution of
210210 the district and creation of the Runnels County Hospital District,
211211 and a cumulative majority of the votes in all three elections held
212212 on the question of creating the Runnels County Hospital District
213213 favor creation of the district, the board shall transfer the land,
214214 buildings, improvements, equipment, and other assets belonging to
215215 the district to the Runnels County Hospital District.
216216 (k) On the date the district makes the transfer under
217217 Subsection (j) of this section, the Runnels County Hospital
218218 District assumes all debts and obligations of the district at the
219219 time of the transfer. The district is dissolved at the time of the
220220 transfer and the board is released from any further duty or
221221 obligation.
222222 SECTION 2.02. On the dissolution of the North Runnels
223223 County Hospital District and the approval of the creation of the
224224 Runnels County Hospital District, a reference in any law to the
225225 North Runnels County Hospital District means the Runnels County
226226 Hospital District.
227227 SECTION 2.03. (a) An election to dissolve the North
228228 Runnels County Hospital District and create the Runnels County
229229 Hospital District must be held not later than the fifth anniversary
230230 of the effective date of this Act.
231231 (b) If the dissolution of the North Runnels County Hospital
232232 District and creation of the Runnels County Hospital District are
233233 not approved at an election held not later than the fifth
234234 anniversary of the effective date of this Act, Section 20c, Chapter
235235 206, Acts of the 61st Legislature, Regular Session, 1969, as added
236236 by this article, expires.
237237 ARTICLE 3. CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT
238238 SECTION 3.01. Subtitle A, Title 3, Special District Local
239239 Laws Code, is amended by adding Chapter 1072 to read as follows:
240240 CHAPTER 1072. RUNNELS COUNTY HOSPITAL DISTRICT
241241 SUBCHAPTER A. GENERAL PROVISIONS
242242 Sec. 1072.001. DEFINITIONS. In this chapter:
243243 (1) "Board" means the board of directors of the
244244 district.
245245 (2) "Director" means a member of the board.
246246 (3) "District" means the Runnels County Hospital
247247 District.
248248 Sec. 1072.002. AUTHORITY FOR OPERATION. The Runnels County
249249 Hospital District operates and is financed as provided by Section
250250 9, Article IX, Texas Constitution, and by this chapter.
251251 Sec. 1072.003. ESSENTIAL PUBLIC FUNCTION. The district is
252252 a public entity performing an essential public function.
253253 Sec. 1072.004. DISTRICT TERRITORY. The boundaries of the
254254 district are coextensive with the boundaries of Runnels County,
255255 Texas.
256256 Sec. 1072.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
257257 OBLIGATION. The state may not be obligated for the support or
258258 maintenance of the district.
259259 Sec. 1072.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
260260 The legislature may not make a direct appropriation for the
261261 construction, maintenance, or improvement of a district facility.
262262 [Sections 1072.007-1072.020 reserved for expansion]
263263 SUBCHAPTER A-1. TEMPORARY PROVISIONS
264264 Sec. 1072.021. (a) The Commissioners Court of Runnels
265265 County shall order an election for the registered voters of Runnels
266266 County who do not reside in the Ballinger Memorial Hospital
267267 District or the North Runnels County Hospital District on the
268268 question of creating the Runnels County Hospital District if the
269269 commissioners court receives notice that:
270270 (1) the board of directors of the Ballinger Memorial
271271 Hospital District intends to order an election to dissolve the
272272 Ballinger Memorial Hospital District and create the Runnels County
273273 Hospital District under Subchapter D-1, Chapter 1004; and
274274 (2) the board of directors of the North Runnels County
275275 Hospital District intends to order an election to dissolve the
276276 North Runnels County Hospital District and create the Runnels
277277 County Hospital District under Section 20c, Chapter 206, Acts of
278278 the 61st Legislature, Regular Session, 1969.
279279 (b) The Commissioners Court of Runnels County shall notify
280280 the boards of directors of the Ballinger Memorial Hospital District
281281 and the North Runnels County Hospital District that the
282282 commissioners court intends to hold the election under this
283283 section.
284284 (c) The election held under this section shall be held on
285285 the same date as the elections to dissolve the Ballinger Memorial
286286 Hospital District and the North Runnels County Hospital District
287287 and to create the Runnels County Hospital District. The
288288 Commissioners Court of Runnels County shall coordinate with the
289289 boards of directors of the Ballinger Memorial Hospital District and
290290 the North Runnels County Hospital District in setting the election
291291 date under this section.
292292 (d) The order calling the election under this section must
293293 state:
294294 (1) the nature of the election, including the
295295 proposition that is to appear on the ballot;
296296 (2) the date of the election;
297297 (3) the hours during which the polls will be open; and
298298 (4) the location of the polling places.
299299 (e) Section 41.001, Election Code, does not apply to an
300300 election ordered under this section.
301301 (f) The Commissioners Court of Runnels County shall give
302302 notice of an election under this section by publishing a
303303 substantial copy of the election order in a newspaper with general
304304 circulation in Runnels County once a week for two consecutive
305305 weeks. The first publication must appear not later than the 35th
306306 day before the date set for the election.
307307 (g) The ballot for an election under this section must be
308308 printed to permit voting for or against the proposition: "The
309309 creation of the Runnels County Hospital District, providing for the
310310 imposition of an ad valorem tax at a rate not to exceed ___ cents
311311 (insert any rate not to exceed 75 cents) on each $100 valuation of
312312 taxable property in Runnels County.
313313 (h) The Commissioners Court of Runnels County shall find
314314 that the Runnels County Hospital District is created if:
315315 (1) a majority of the votes in an election held on the
316316 same date under Subchapter D-1, Chapter 1004, favor dissolution of
317317 the Ballinger Memorial Hospital District and creation of the
318318 Runnels County Hospital District;
319319 (2) a majority of the votes in an election held on the
320320 same date under Section 20c, Chapter 206, Acts of the 61st
321321 Legislature, Regular Session, 1969, favor dissolution of the North
322322 Runnels County Hospital District and creation of the Runnels County
323323 Hospital District; and
324324 (3) a cumulative majority of the votes held in the
325325 election called by the commissioners court and in the elections
326326 described by Subdivisions (1) and (2) favor creation of the Runnels
327327 County Hospital District.
328328 Sec. 1072.022. TEMPORARY DIRECTORS. (a) If the creation
329329 of the district is approved at the elections held under Subchapter
330330 D-1, Chapter 1004, Section 20c, Chapter 206, Acts of the 61st
331331 Legislature, Regular Session, 1969, and Section 1072.021, the
332332 following persons shall serve as temporary directors of the Runnels
333333 County Hospital District:
334334 (1) Lewis Bergman;
335335 (2) Charles Brown;
336336 (3) Mike Dankworth;
337337 (4) Rodney Flanagan;
338338 (5) Bill Hunter;
339339 (6) Paul Sklenarik;
340340 (7) Dewey Whitfield.
341341 (b) The temporary board shall serve as the temporary
342342 directors of the district until the initial elected directors take
343343 office under Section 1072.025.
344344 (c) A vacancy on the temporary board of directors shall be
345345 filled by the Commissioners Court of Runnels County.
346346 (d) To serve as a temporary director, a person must be:
347347 (1) a resident of the district; and
348348 (2) a qualified voter.
349349 (e) An employee of the district may not serve as a temporary
350350 director.
351351 Sec. 1072.023. TEMPORARY OFFICERS. (a) The temporary
352352 board shall elect a president and a vice president from among the
353353 temporary directors.
354354 (b) The temporary board shall appoint a secretary, who need
355355 not be a temporary director.
356356 (c) The temporary board shall fill a vacancy in a board
357357 office for the remainder of the unexpired term.
358358 Sec. 1072.024. ELECTION OF INITIAL ELECTED DIRECTORS.
359359 (a) The temporary directors shall hold an election to elect seven
360360 initial directors on the first uniform election date in May that
361361 occurs after the date the district is created. One initial director
362362 shall be elected from each commissioners precinct of Runnels County
363363 and three initial directors shall be elected from the district at
364364 large.
365365 (b) The temporary directors may postpone the election under
366366 Subsection (a) for not more than one year or until the next uniform
367367 election date if the temporary directors determine that there is
368368 not sufficient time to comply with the requirements of this section
369369 or if the temporary directors determine that it is in the best
370370 interests of the district to maintain the temporary directors for
371371 another year.
372372 (c) Notice of the election of the initial directors shall be
373373 published at least once in a newspaper of general circulation in the
374374 district in accordance with Section 4.003(a), Election Code.
375375 Sec. 1072.025. INITIAL ELECTED DIRECTORS. (a) The
376376 candidate receiving the highest number of votes from each
377377 commissioners precinct of Runnels County is the initial elected
378378 director for that precinct, and the three candidates receiving the
379379 highest number of votes from the district at large are the initial
380380 elected directors for the district at large.
381381 (b) Initial elected directors serve three-year terms.
382382 (c) To be a candidate for or to serve as an initial elected
383383 director, a person must be:
384384 (1) a resident of the district; and
385385 (2) a qualified voter.
386386 (d) An employee of the district may not serve as an initial
387387 elected director.
388388 Sec. 1072.026. INITIAL ELECTED OFFICERS. (a) The initial
389389 elected board shall elect a president and a vice president from
390390 among the initial elected directors.
391391 (b) The initial elected board shall appoint a secretary, who
392392 need not be an initial elected director.
393393 (c) The initial elected board shall fill a vacancy in a
394394 board office for the remainder of the unexpired term.
395395 Sec. 1072.027. PROCEDURE FOR ELECTION OF PERMANENT
396396 DIRECTORS. Not later than the date the terms of the initial elected
397397 directors expire, the initial elected board shall adopt a procedure
398398 for the election of directors under Section 1072.051. The
399399 procedure must provide for appropriate representation of the
400400 residents of the district and must provide for the first election of
401401 permanent directors to occur on the first uniform election date in
402402 May that occurs at the end of the initial directors' terms.
403403 [Sections 1072.028-1072.050 reserved for expansion]
404404 SUBCHAPTER B. DISTRICT ADMINISTRATION
405405 Sec. 1072.051. BOARD ELECTION; TERM. (a) The board
406406 consists of seven directors elected in the manner prescribed by the
407407 initial directors under Section 1072.026.
408408 (b) An election shall be held each year on the uniform
409409 election date in May to elect the appropriate number of directors.
410410 (c) Directors serve staggered three-year terms.
411411 Sec. 1072.052. NOTICE. Notice of the directors' election
412412 shall be published at least once in a newspaper with general
413413 circulation in the district in accordance with Section 4.003(a),
414414 Election Code.
415415 Sec. 1072.053. QUALIFICATIONS FOR OFFICE. (a) To be a
416416 candidate for or to serve as a director, a person must be:
417417 (1) a resident of the district; and
418418 (2) a qualified voter.
419419 (b) An administrator or an employee of the district may not
420420 serve as a director.
421421 Sec. 1072.054. DIRECTOR'S BOND. (a) Before assuming the
422422 duties of office, each director must execute a bond in the amount of
423423 $5,000 payable to the district and conditioned on the faithful
424424 performance of the director's duties.
425425 (b) The bond shall be kept in the permanent records of the
426426 district.
427427 (c) The board may pay for a director's bond with district
428428 money.
429429 Sec. 1072.055. BOARD VACANCY. If a vacancy occurs in the
430430 office of director, the remaining directors shall appoint a
431431 director for the remainder of the unexpired term.
432432 Sec. 1072.056. OFFICERS. (a) The board shall elect a
433433 president and a vice president from among the directors.
434434 (b) The board shall appoint a secretary, who need not be a
435435 director.
436436 (c) Each officer of the board serves a one-year term.
437437 (d) The board shall fill a vacancy in a board office for the
438438 remainder of the unexpired term.
439439 Sec. 1072.057. COMPENSATION; REIMBURSEMENT. A director or
440440 officer serves without compensation but may be reimbursed for
441441 actual expenses incurred in the performance of official duties.
442442 The expenses must be:
443443 (1) reported in the district's records; and
444444 (2) approved by the board.
445445 Sec. 1072.058. VOTING REQUIREMENT. A concurrence of a
446446 majority of the directors voting is necessary in matters relating
447447 to district business.
448448 Sec. 1072.059. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S
449449 BOND. (a) The board may appoint a qualified person as district
450450 administrator.
451451 (b) The district administrator serves at the will of the
452452 board.
453453 (c) The district administrator is entitled to compensation
454454 determined by the board.
455455 (d) Before assuming the duties of district administrator,
456456 the administrator must execute a bond payable to the district in an
457457 amount not less than $5,000, as determined by the board,
458458 conditioned on the faithful performance of the administrator's
459459 duties.
460460 (e) The board may pay for the bond with district money.
461461 Sec. 1072.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
462462 Subject to the limitations prescribed by the board, the district
463463 administrator shall:
464464 (1) supervise the work and activities of the district;
465465 and
466466 (2) direct the general affairs of the district.
467467 Sec. 1072.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
468468 (a) The board may appoint qualified persons as assistant district
469469 administrator and attorney for the district.
470470 (b) The assistant district administrator and attorney for
471471 the district serve at the will of the board.
472472 (c) The assistant district administrator and attorney for
473473 the district are entitled to compensation determined by the board.
474474 Sec. 1072.062. EMPLOYEES. (a) The district may employ
475475 nurses, technicians, fiscal agents, accountants, architects,
476476 additional attorneys, and other necessary employees.
477477 (b) The board may delegate to the district administrator the
478478 authority to employ persons for the district.
479479 Sec. 1072.063. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
480480 The board may spend district money, enter into agreements, and take
481481 other necessary actions to recruit physicians and other persons to
482482 serve as medical staff members or district employees. The actions
483483 may include:
484484 (1) advertising and marketing;
485485 (2) paying travel, recruitment, and relocation
486486 expenses;
487487 (3) providing a loan or scholarship to a physician or a
488488 person currently enrolled in health care education courses at an
489489 institution of higher education who contracts to become a medical
490490 staff member or district employee; or
491491 (4) contracting with a full-time medical student or
492492 other student in a health occupation who is enrolled in and in good
493493 standing at an accredited medical school, college, or university to
494494 pay the student's tuition or other expenses for the consideration
495495 of the student agreeing to serve as an employee or independent
496496 contractor for the district.
497497 Sec. 1072.064. APPOINTMENT AND REMOVAL OF MEDICAL STAFF.
498498 The board may:
499499 (1) appoint to the medical staff any doctor the board
500500 considers necessary for the efficient operation of the district;
501501 (2) remove any doctor from the medical staff, after
502502 due process, if the board considers the doctor's removal necessary
503503 for the efficient operation of the district; and
504504 (3) make temporary appointments to the medical staff
505505 as the board considers necessary.
506506 Sec. 1072.065. RETIREMENT BENEFITS. The board may provide
507507 retirement benefits for district employees by:
508508 (1) establishing or administering a retirement
509509 program; or
510510 (2) participating in:
511511 (A) the Texas County and District Retirement
512512 System; or
513513 (B) another statewide retirement system in which
514514 the district is eligible to participate.
515515 [Sections 1072.066-1072.100 reserved for expansion]
516516 SUBCHAPTER C. POWERS AND DUTIES
517517 Sec. 1072.101. DISTRICT RESPONSIBILITY. The district has
518518 full responsibility for operating hospital facilities and
519519 providing medical and hospital care for the district's needy
520520 residents.
521521 Sec. 1072.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
522522 The board shall manage, control, and administer the hospital system
523523 and the money and resources of the district.
524524 Sec. 1072.103. RULES. The board may adopt rules governing:
525525 (1) the operation of the hospital and hospital system;
526526 and
527527 (2) the duties, functions, and responsibilities of
528528 district staff and employees.
529529 Sec. 1072.104. PURCHASING AND ACCOUNTING PROCEDURES. The
530530 board may prescribe:
531531 (1) the method of making purchases and expenditures by
532532 and for the district; and
533533 (2) accounting and control procedures for the
534534 district.
535535 Sec. 1072.105. PROVISION OF CERTAIN HEALTH SERVICES.
536536 (a) The district may operate or provide for the operation of a
537537 mobile emergency medical service.
538538 (b) The district may operate or provide for home health
539539 services, long-term care, skilled nursing care, intermediate
540540 nursing care, or hospice care.
541541 Sec. 1072.106. DISTRICT PROPERTY, FACILITIES, AND
542542 EQUIPMENT. (a) The board shall determine:
543543 (1) the type, number, and location of buildings
544544 required to maintain an adequate hospital system; and
545545 (2) the type of equipment necessary for hospital care.
546546 (b) The board may:
547547 (1) acquire property, facilities, and equipment for
548548 the district for use in the hospital system;
549549 (2) mortgage or pledge the property, facilities, or
550550 equipment as security for payment of the purchase price;
551551 (3) sell or otherwise dispose of property, facilities,
552552 or equipment for the district; or
553553 (4) lease hospital facilities for the district.
554554 Sec. 1072.107. OPERATING AND MANAGEMENT CONTRACTS. The
555555 board may enter into operating or management contracts relating to
556556 hospital facilities for the district.
557557 Sec. 1072.108. SERVICE CONTRACTS. (a) The board may
558558 contract with a public or private hospital, a political subdivision
559559 of the state, or a state or federal agency for the district to
560560 provide a mobile emergency medical service or other health care
561561 services needed to provide for the investigatory or welfare needs
562562 of residents of the district.
563563 (b) The board may contract with a person to receive or
564564 supply the services the board considers necessary for the effective
565565 operation of the district.
566566 Sec. 1072.109. EMINENT DOMAIN. (a) The district may
567567 exercise the power of eminent domain to acquire a fee simple or
568568 other interest in property located in district territory if the
569569 interest is necessary for the district to exercise the rights or
570570 authority conferred by this chapter.
571571 (b) The district must exercise the power of eminent domain
572572 in the manner provided by Chapter 21, Property Code, except that the
573573 district is not required to deposit with the trial court money or a
574574 bond as provided by Section 21.021(a), Property Code.
575575 (c) In a condemnation proceeding brought by the district,
576576 the district is not required to:
577577 (1) pay in advance or provide bond or other security
578578 for costs in the trial court;
579579 (2) provide bond for the issuance of a temporary
580580 restraining order or a temporary injunction; or
581581 (3) provide a bond for costs or a supersedeas bond on
582582 an appeal or writ of error.
583583 Sec. 1072.110. COST OF RELOCATING OR ALTERING PROPERTY. In
584584 exercising the power of eminent domain, if the board requires
585585 relocating, raising, lowering, rerouting, changing the grade, or
586586 altering the construction of any railroad, highway, pipeline, or
587587 electric transmission and electric distribution, telegraph, or
588588 telephone line, conduit, pole, or facility, the district shall pay
589589 the actual cost of that activity to provide a comparable
590590 replacement, without enhancement of facilities, after deducting
591591 the net salvage value derived from the old facility.
592592 Sec. 1072.111. GIFTS AND ENDOWMENTS. The board may accept
593593 for the district a gift or endowment to be held in trust for any
594594 purpose and under any direction, limitation, or provision in
595595 writing by the donor that is consistent with the proper management
596596 of the district.
597597 Sec. 1072.112. PAYMENT FOR TREATMENT; PROCEDURES.
598598 (a) When a person who resides in the district is admitted as a
599599 patient to a district facility, the district administrator may have
600600 an inquiry made into the financial circumstances of:
601601 (1) the patient; and
602602 (2) a relative of the patient who is legally
603603 responsible for the patient's support.
604604 (b) To the extent that the patient or a relative of the
605605 patient who is legally responsible for the patient's support cannot
606606 pay for care and treatment provided by the district, the district
607607 shall supply the care and treatment without charging the patient or
608608 the patient's relative.
609609 (c) On determining that the patient or a relative legally
610610 responsible for the patient's support can pay for all or part of the
611611 care and treatment provided by the district, the district
612612 administrator shall report that determination to the board, and the
613613 board shall issue an order directing the patient or the relative to
614614 pay the district a specified amount each week. The amount must be
615615 based on the person's ability to pay.
616616 (d) The district administrator may collect money owed to the
617617 district from the patient's estate or from that of a relative
618618 legally responsible for the patient's support in the manner
619619 provided by law for the collection of expenses in the last illness
620620 of a deceased person.
621621 (e) If there is a dispute relating to a person's ability to
622622 pay or if the district administrator has any doubt concerning a
623623 person's ability to pay, the board shall call witnesses, hear and
624624 resolve the question, and issue a final order. The order may be
625625 appealed to a district court in the county in which the district is
626626 located. The substantial evidence rule applies to an appeal under
627627 this subsection.
628628 Sec. 1072.113. REIMBURSEMENT FOR SERVICES. (a) The board
629629 shall require a county, municipality, or public hospital located
630630 outside of the district to reimburse the district for the
631631 district's care and treatment of a sick or injured person of that
632632 county, municipality, or hospital, as provided by Chapter 61,
633633 Health and Safety Code.
634634 (b) The board shall require the sheriff of Runnels County to
635635 reimburse the district for the district's care and treatment of a
636636 person who is confined in a jail facility of Runnels County and is
637637 not a resident of the district.
638638 (c) On behalf of the district, the board may contract with
639639 the state or federal government for that government to reimburse
640640 the district for treatment of a sick or injured person.
641641 Sec. 1072.114. NONPROFIT CORPORATION. (a) The district
642642 may create and sponsor a nonprofit corporation under the Business
643643 Organizations Code and may contribute money to or solicit money for
644644 the corporation.
645645 (b) A corporation created under this section may use money
646646 contributed by the district only to provide health care or other
647647 services the district is authorized to provide under this chapter.
648648 (c) The corporation may invest the corporation's money in
649649 any manner in which the district may invest the district's money,
650650 including investing money as authorized by Chapter 2256, Government
651651 Code.
652652 (d) The board shall establish controls to ensure that the
653653 corporation uses its money as required by this section.
654654 Sec. 1072.115. AUTHORITY TO SUE AND BE SUED. The board may
655655 sue and be sued on behalf of the district.
656656 Sec. 1072.116. CONSTRUCTION CONTRACTS; ADVERTISING FOR
657657 CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a
658658 construction contract on the district's behalf.
659659 (b) The board may enter into a construction contract only
660660 after competitive bidding as provided by Subchapter B, Chapter 271,
661661 Local Government Code, if the amount of the contract is greater than
662662 the amount provided by Section 271.024 of that code.
663663 [Sections 1072.117-1072.150 reserved for expansion]
664664 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
665665 Sec. 1072.151. BUDGET. (a) The district administrator
666666 shall prepare a proposed annual budget for the district.
667667 (b) The proposed budget must contain a complete financial
668668 statement, including a statement of:
669669 (1) the outstanding obligations of the district;
670670 (2) the amount of cash on hand to the credit of each
671671 fund of the district;
672672 (3) the amount of money received by the district from
673673 all sources during the previous year;
674674 (4) the amount of money available to the district from
675675 all sources during the ensuing year;
676676 (5) the amount of the balances expected at the end of
677677 the year in which the budget is being prepared;
678678 (6) the estimated amount of revenues and balances
679679 available to cover the proposed budget; and
680680 (7) the estimated tax rate required.
681681 Sec. 1072.152. NOTICE; HEARING; ADOPTION OF BUDGET.
682682 (a) The board shall hold a public hearing on the proposed budget.
683683 (b) The board shall publish notice of the hearing in a
684684 newspaper with general circulation in the district not later than
685685 the 10th day before the date of the hearing.
686686 (c) Any district resident is entitled to be present and
687687 participate at the hearing.
688688 (d) At the conclusion of the hearing, the board shall adopt
689689 a budget by acting on the budget proposed by the district
690690 administrator. The board may make a change in the proposed budget
691691 that the board determines to be in the interests of the taxpayers.
692692 (e) The budget is effective only after adoption by the
693693 board.
694694 Sec. 1072.153. AMENDMENT OF BUDGET. After the budget is
695695 adopted, the budget may be amended on the board's approval.
696696 Sec. 1072.154. FISCAL YEAR. (a) The district operates
697697 according to a fiscal year established by the board.
698698 (b) The fiscal year may not be changed:
699699 (1) during a period in which revenue bonds of the
700700 district are outstanding; or
701701 (2) more than once in a 24-month period.
702702 Sec. 1072.155. ANNUAL AUDIT. The board shall have an annual
703703 audit made of the financial condition of the district.
704704 Sec. 1072.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
705705 RECORDS. The annual audit and other district records are open to
706706 inspection during regular business hours at the principal office of
707707 the district.
708708 Sec. 1072.157. FINANCIAL REPORT. As soon as practicable
709709 after the close of each fiscal year, the district administrator
710710 shall prepare for the board a sworn statement of the amount of
711711 district money and an account of the disbursement of that money.
712712 Sec. 1072.158. SHORT-TERM FINANCING. The district may
713713 borrow money through short-term financing.
714714 Sec. 1072.159. DEBT LIMITATION. Except as provided by
715715 Chapter 1207, Government Code, and Sections 1072.116, 1072.201, and
716716 1072.204, the district may not incur a debt payable from district
717717 revenue other than revenue available in the current fiscal year and
718718 the immediately following fiscal year of the district.
719719 Sec. 1072.160. DEPOSITORY. (a) The board shall select at
720720 least one bank to serve as a depository for district money.
721721 (b) The board may solicit bids from local financial
722722 institutions to determine which institution may serve as a
723723 depository for district money.
724724 (c) District money, other than money invested as provided by
725725 Section 1072.161 and money transmitted to a bank for payment of
726726 bonds or obligations issued or assumed by the district, shall be
727727 deposited as received with the depository bank and shall remain on
728728 deposit. This subsection does not limit the board's power to place
729729 part of the district's money on time deposit or to purchase
730730 certificates of deposit.
731731 (d) The district may deposit money with a bank in an amount
732732 that exceeds the maximum amount secured by the Federal Deposit
733733 Insurance Corporation only if the bank first executes a bond or
734734 other security in an amount sufficient to secure from loss the
735735 district money that exceeds the amount secured by the Federal
736736 Deposit Insurance Corporation.
737737 Sec. 1072.161. RESTRICTION ON INVESTMENT. The board may
738738 invest operating, depreciation, or building reserves only in funds
739739 or securities specified by Chapter 2256, Government Code.
740740 [Sections 1072.162-1072.200 reserved for expansion]
741741 SUBCHAPTER E. BONDS
742742 Sec. 1072.201. GENERAL OBLIGATION BONDS. If authorized by
743743 an election, the board may issue and sell general obligation bonds
744744 in the name and on the faith and credit of the district to:
745745 (1) purchase, construct, acquire, repair, or renovate
746746 buildings or improvements;
747747 (2) equip buildings or improvements for hospital
748748 purposes; or
749749 (3) acquire and operate a mobile emergency medical
750750 service.
751751 Sec. 1072.202. TAX TO PAY GENERAL OBLIGATION BONDS.
752752 (a) At the time general obligation bonds are issued by the
753753 district under Section 1072.201, the board shall impose an ad
754754 valorem tax in an amount sufficient to create an interest and
755755 sinking fund to pay the principal of and interest on the bonds as
756756 the bonds mature.
757757 (b) The tax required by this section together with any other
758758 tax the district imposes in any year may not exceed the limit
759759 approved by the voters at the election authorizing the imposition
760760 of taxes.
761761 Sec. 1072.203. GENERAL OBLIGATION BOND ELECTION. (a) The
762762 district may issue general obligation bonds only if the bonds are
763763 authorized by a majority of the voters voting in an election held
764764 for that purpose.
765765 (b) The board may order a bond election. The order calling
766766 the election must specify:
767767 (1) the nature and date of the election;
768768 (2) the hours during which the polls will be open;
769769 (3) the location of polling places;
770770 (4) the amounts of the bonds to be authorized; and
771771 (5) the maximum maturity of the bonds.
772772 (c) Notice of a bond election must be given as provided by
773773 Chapter 1251, Government Code.
774774 (d) The board shall declare the results of the election.
775775 Sec. 1072.204. REVENUE BONDS. (a) The board may issue
776776 revenue bonds to:
777777 (1) acquire, purchase, construct, repair, renovate,
778778 or equip buildings or improvements for hospital purposes;
779779 (2) acquire sites to be used for hospital purposes; or
780780 (3) acquire and operate a mobile emergency medical
781781 service to assist the district in carrying out its hospital
782782 purposes.
783783 (b) The bonds must be payable from and secured by a pledge of
784784 all or part of the revenues derived from the operation of the
785785 district's hospital system.
786786 (c) The bonds may be additionally secured by a mortgage or
787787 deed of trust lien on all or part of the district property.
788788 (d) The bonds must be issued in the manner provided by
789789 Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
790790 Health and Safety Code, for issuance of revenue bonds by county
791791 hospital authorities.
792792 Sec. 1072.205. MATURITY. District bonds must mature not
793793 later than 40 years after the date of their issuance.
794794 Sec. 1072.206. EXECUTION OF BONDS. (a) The board
795795 president shall execute district bonds in the district's name.
796796 (b) The board secretary shall countersign the bonds in the
797797 manner provided by Chapter 618, Government Code.
798798 Sec. 1072.207. BONDS NOT SUBJECT TO TAXATION. The
799799 following are not subject to taxation by the state or by a political
800800 subdivision of the state:
801801 (1) bonds issued by the district;
802802 (2) any transaction relating to the bonds; and
803803 (3) profits made in the sale of the bonds.
804804 [Sections 1072.208-1072.250 reserved for expansion]
805805 SUBCHAPTER F. AD VALOREM TAX
806806 Sec. 1072.251. IMPOSITION OF AD VALOREM TAX. (a) The
807807 board shall impose a tax on all property in the district subject to
808808 hospital district taxation.
809809 (b) The tax may be used to pay:
810810 (1) indebtedness issued or assumed by the district;
811811 and
812812 (2) the maintenance and operating expenses of the
813813 district.
814814 (c) The district may not impose a tax to pay the principal of
815815 or interest on revenue bonds issued under this chapter.
816816 Sec. 1072.252. TAX RATE. (a) The board may impose an
817817 annual tax at a rate not to exceed the limit approved by the voters
818818 at the election authorizing the imposition of a tax.
819819 (b) The tax rate on all taxable property in the district for
820820 all purposes may not exceed 75 cents on each $100 valuation of the
821821 property according to the most recent certified tax appraisal roll
822822 of the district.
823823 (c) In setting the tax rate, the board shall consider
824824 district income from sources other than taxation.
825825 Sec. 1072.253. TAX ASSESSOR-COLLECTOR. The board may
826826 provide for the appointment of a tax assessor-collector for the
827827 district or may contract for the assessment and collection of taxes
828828 as provided by the Tax Code.
829829 [Sections 1072.254-1072.300 reserved for expansion]
830830 SUBCHAPTER G. DISSOLUTION
831831 Sec. 1072.301. DISSOLUTION; ELECTION. (a) The district
832832 may be dissolved only on approval of a majority of the voters voting
833833 in an election held for that purpose.
834834 (b) The board may order an election on the question of
835835 dissolving the district and disposing of the district's assets and
836836 obligations.
837837 (c) The board shall order an election if the board receives
838838 a petition requesting an election that is signed by at least 15
839839 percent of the district's registered voters.
840840 (d) The order calling the election must state:
841841 (1) the nature of the election, including the
842842 proposition that is to appear on the ballot;
843843 (2) the date of the election;
844844 (3) the hours during which the polls will be open; and
845845 (4) the location of the polling places.
846846 (e) Section 41.001, Election Code, does not apply to an
847847 election ordered under this section.
848848 Sec. 1072.302. NOTICE OF ELECTION. (a) The board shall
849849 give notice of an election under this subchapter by publishing a
850850 substantial copy of the election order in a newspaper with general
851851 circulation in the district once a week for two consecutive weeks.
852852 (b) The first publication must appear not later than the
853853 35th day before the date set for the election.
854854 Sec. 1072.303. BALLOT. The ballot for an election under
855855 this subchapter must be printed to permit voting for or against the
856856 proposition: "The dissolution of the North Runnels County Hospital
857857 District."
858858 Sec. 1072.304. ELECTION RESULTS. (a) If a majority of the
859859 votes in an election under this subchapter favor dissolution, the
860860 board shall order that the district be dissolved.
861861 (b) If a majority of the votes in an election under this
862862 subchapter do not favor dissolution, the board shall continue to
863863 administer the district, and another election on the question of
864864 dissolution may not be held before the first anniversary of the date
865865 of the most recent election to dissolve the district.
866866 Sec. 1072.305. TRANSFER OR ADMINISTRATION OF ASSETS.
867867 (a) If a majority of the votes in an election under this subchapter
868868 favor dissolution, the board shall:
869869 (1) transfer the land, buildings, improvements,
870870 equipment, and other assets belonging to the district to Runnels
871871 County or another governmental entity in Runnels County; or
872872 (2) administer the property, assets, and debts of the
873873 district until all money has been disposed of and all district debts
874874 have been paid or settled.
875875 (b) If the district makes a transfer under Subsection
876876 (a)(1), the county or governmental entity assumes all debts and
877877 obligations of the district at the time of the transfer. The
878878 district is dissolved at the time of the transfer.
879879 (c) If the district administers the property, assets, and
880880 debts of the district under Subsection (a)(2), the district is
881881 dissolved when all money has been disposed of and all district debts
882882 have been paid or settled.
883883 Sec. 1072.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
884884 TAXES. (a) After the board determines that the district is
885885 dissolved, the board shall:
886886 (1) determine the debt owed by the district; and
887887 (2) impose on the property included in the district's
888888 tax rolls a tax that is in proportion of the debt to the property
889889 value.
890890 (b) On the payment of all outstanding debts and obligations
891891 of the district, the board shall order the secretary to return to
892892 each district taxpayer the taxpayer's pro rata share of all unused
893893 tax money.
894894 (c) A taxpayer may request that the taxpayer's share of
895895 surplus tax money be credited to the taxpayer's county taxes. If a
896896 taxpayer requests the credit, the board shall direct the secretary
897897 to transmit the funds to the county tax assessor-collector.
898898 Sec. 1072.307. REPORT; DISSOLUTION ORDER. (a) After the
899899 district has paid all its debts and has disposed of all its money
900900 and other assets as prescribed by this subchapter, the board shall
901901 file a written report with the Commissioners Court of Runnels
902902 County summarizing the board's actions in dissolving the district.
903903 (b) Not later than the 10th day after the date the
904904 Commissioners Court of Runnels County receives the report and
905905 determines that the requirements of this subchapter have been
906906 fulfilled, the commissioners court shall enter an order dissolving
907907 the district and releasing the board from any further duty or
908908 obligation.
909909 SECTION 3.02. The members of the board of directors of the
910910 Runnels County Hospital District elected at the first election held
911911 under Section 1072.051, Special District Local Laws Code, as added
912912 by this Act, shall draw lots to determine the terms each director
913913 serves. Three directors shall serve two-year terms and four
914914 directors shall serve three-year terms. Successor directors shall
915915 serve three-year terms.
916916 SECTION 3.03. If the creation of the Runnels County
917917 Hospital District is not approved at an election held not later than
918918 the fifth anniversary of the effective date of this Act, Chapter
919919 1072, Special District Local Laws Code, as added by this article,
920920 expires.
921921 ARTICLE 4. EFFECTIVE DATE
922922 SECTION 4.01. This Act takes effect immediately if it
923923 receives a vote of two-thirds of all the members elected to each
924924 house, as provided by Section 39, Article III, Texas Constitution.
925925 If this Act does not receive the vote necessary for immediate
926926 effect, this Act takes effect September 1, 2009.
927927 ______________________________ ______________________________
928928 President of the Senate Speaker of the House
929929 I hereby certify that S.B. No. 2517 passed the Senate on
930930 April 30, 2009, by the following vote: Yeas 31, Nays 0.
931931 ______________________________
932932 Secretary of the Senate
933933 I hereby certify that S.B. No. 2517 passed the House on
934934 May 27, 2009, by the following vote: Yeas 148, Nays 0, one
935935 present not voting.
936936 ______________________________
937937 Chief Clerk of the House
938938 Approved:
939939 ______________________________
940940 Date
941941 ______________________________
942942 Governor