Texas 2009 - 81st Regular

Texas Senate Bill SB606 Compare Versions

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1	1	By: Hegar S.B. No. 606
2	2	(In the Senate - Filed January 30, 2009; February 23, 2009,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; May 23, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 3, Nays 2;
6	6	May 23, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 606 By: Patrick
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to Gonzales Healthcare Systems; authorizing a tax.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subsection (b), Section 1032.051, Special
15	15	District Local Laws Code, as effective April 1, 2009, is amended to
16	16	read as follows:
17	17	(b) Directors serve staggered [two-year terms unless]
18	18	four-year terms [are established under Section 285.081, Health and
19	19	Safety Code].
20	20	SECTION 2. Section 1032.052, Special District Local Laws
21	21	Code, as effective April 1, 2009, is amended to read as follows:
22	22	Sec. 1032.052. NOTICE OF ELECTION. Notice [At least 45 days
23	23	before the date of an election of directors, notice] of an [the]
24	24	election of directors shall be published in accordance with Section
25	25	4.003, Election Code, [one time] in a newspaper or newspapers that
26	26	individually or collectively have general circulation in the
27	27	district.
28	28	SECTION 3. Section 1032.061, Special District Local Laws
29	29	Code, as effective April 1, 2009, is amended by adding Subsections
30	30	(d) and (e) to read as follows:
31	31	(d) The board may employ physicians or other health care
32	32	providers as the board considers necessary for the efficient
33	33	operation of the district.
34	34	(e) This section may not be construed as authorizing the
35	35	board to supervise or control the practice of medicine, as
36	36	prohibited by Subtitle B, Title 3, Occupations Code.
37	37	SECTION 4. Section 1032.110, Special District Local Laws
38	38	Code, as effective April 1, 2009, is amended to read as follows:
39	39	Sec. 1032.110. CONSTRUCTION CONTRACTS. A construction
40	40	contract that involves the expenditure of more than the amount
41	41	provided by Section 271.024, Local Government Code, [$10,000] may
42	42	be made only after competitive bidding [advertising] in the manner
43	43	provided by Subchapter B, Chapter 271 [Chapter 252 and Subchapter
44	44	C, Chapter 262], Local Government Code.
45	45	SECTION 5. Subchapter D, Chapter 1032, Special District
46	46	Local Laws Code, as effective April 1, 2009, is amended by adding
47	47	Section 1032.161 to read as follows:
48	48	Sec. 1032.161. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
49	49	(a) The board may borrow money at a rate not to exceed the maximum
50	50	annual percentage rate allowed by law for district obligations at
51	51	the time the loan is made.
52	52	(b) To secure a loan, the board may pledge:
53	53	(1) district revenue that is not pledged to pay the
54	54	district's bonded indebtedness;
55	55	(2) a district tax to be imposed by the district in the
56	56	next 12-month period following the date of the pledge that is not
57	57	pledged to pay the principal of or interest on district bonds; or
58	58	(3) a district bond that has been authorized but not
59	59	sold.
60	60	(c) A loan for which taxes or bonds are pledged must mature
61	61	not later than the first anniversary of the date the loan is made. A
62	62	loan for which district revenue is pledged must mature not later
63	63	than the fifth anniversary of the date the loan is made.
64	64	SECTION 6. Subchapter E, Chapter 1032, Special District
65	65	Local Laws Code, as effective April 1, 2009, is amended by adding
66	66	Sections 1032.209 and 1032.210 to read as follows:
67	67	Sec. 1032.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF
68	68	BONDS. In addition to the authority to issue general obligation
69	69	bonds and revenue bonds under this subchapter, the board may
70	70	provide for the security and payment of district bonds from a pledge
71	71	of a combination of ad valorem taxes as authorized by Section
72	72	1032.202 and revenue and other sources authorized by Section
73	73	1032.206.
74	74	Sec. 1032.210. USE OF BOND PROCEEDS. The district may use
75	75	the proceeds of bonds issued under this subchapter to pay:
76	76	(1) any expense the board determines is reasonable and
77	77	necessary to insure, sell, and deliver the bonds;
78	78	(2) interest payments on the bonds during a period of
79	79	acquisition or construction of a project or facility to be provided
80	80	through the bonds, not to exceed five years;
81	81	(3) costs related to the operation and maintenance of
82	82	a project or facility to be provided through the bonds:
83	83	(A) during an estimated period of acquisition or
84	84	construction, not to exceed five years; and
85	85	(B) for one year after the project or facility is
86	86	acquired or constructed;
87	87	(4) costs related to the financing of the bond funds,
88	88	including debt service reserve and contingency funds;
89	89	(5) costs related to the bond issuance;
90	90	(6) costs related to the acquisition of land or
91	91	interests in land for a project or facility to be provided through
92	92	the bonds; and
93	93	(7) costs of construction of a project or facility to
94	94	be provided through the bonds, including the payment of related
95	95	professional services and expenses.
96	96	SECTION 7. Chapter 1032, Special District Local Laws Code,
97	97	as effective April 1, 2009, is amended by adding Subchapter G to
98	98	read as follows:
99	99	SUBCHAPTER G. DISSOLUTION
100	100	Sec. 1032.301. DISSOLUTION; ELECTION. (a) The district
101	101	may be dissolved only on approval of a majority of the district
102	102	voters voting in an election held for that purpose.
103	103	(b) The board may order an election on the question of
104	104	dissolving the district and disposing of the district's assets and
105	105	obligations.
106	106	(c) The board shall order an election if the board receives
107	107	a petition requesting an election that is signed by at least 15
108	108	percent of the registered voters in the district.
109	109	(d) The order calling the election must state:
110	110	(1) the nature of the election, including the
111	111	proposition to appear on the ballot;
112	112	(2) the date of the election;
113	113	(3) the hours during which the polls will be open; and
114	114	(4) the location of the polling places.
115	115	(e) Section 41.001(a), Election Code, does not apply to an
116	116	election ordered under this section.
117	117	Sec. 1032.302. NOTICE OF ELECTION. (a) The board shall
118	118	give notice of an election under this subchapter by publishing once
119	119	a week for two consecutive weeks a substantial copy of the election
120	120	order in a newspaper with general circulation in the district.
121	121	(b) The first publication of the notice must appear not
122	122	later than the 35th day before the date of the election.
123	123	Sec. 1032.303. BALLOT. The ballot for an election under
124	124	this subchapter must be printed to permit voting for or against the
125	125	proposition: "The dissolution of Gonzales Healthcare Systems."
126	126	Sec. 1032.304. ELECTION RESULTS. (a) If a majority of the
127	127	votes in an election under this subchapter favor dissolution, the
128	128	board shall find that the district is dissolved.
129	129	(b) If a majority of the votes in the election do not favor
130	130	dissolution, the board shall continue to administer the district
131	131	and another election on the question of dissolution may not be held
132	132	before the first anniversary of the date of the most recent election
133	133	on the question of dissolution.
134	134	Sec. 1032.305. TRANSFER OF ADMINISTRATION OF ASSETS.
135	135	(a) If a majority of the votes in the election held under this
136	136	subchapter favor dissolution, the board shall:
137	137	(1) transfer the land, buildings, improvements,
138	138	equipment, and other assets that belong to the district to Gonzales
139	139	County or another governmental entity in Gonzales County; or
140	140	(2) administer the property, assets, and debts until
141	141	all money has been disposed of and all district debts have been paid
142	142	or settled.
143	143	(b) If the district makes the transfer under Subsection
144	144	(a)(1), the county or entity assumes all debts and obligations of
145	145	the district at the time of the transfer, and the district is
146	146	dissolved.
147	147	(c) If Subsection (a)(1) does not apply and the board
148	148	administers the property, assets, and debts of the district under
149	149	Subsection (a)(2), the district is dissolved when all money has
150	150	been disposed of and all district debts have been paid or settled.
151	151	Sec. 1032.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
152	152	TAXES. (a) After the board finds that the district is dissolved,
153	153	the board shall:
154	154	(1) determine the debt owed by the district; and
155	155	(2) impose on the property included in the district's
156	156	tax rolls a tax that is in proportion of the debt to the property
157	157	value.
158	158	(b) On the payment of all outstanding debts and obligations
159	159	of the district, the board shall order the secretary to return to
160	160	each district taxpayer the taxpayer's pro rata share of all unused
161	161	tax money.
162	162	(c) A taxpayer may request that the taxpayer's share of
163	163	surplus tax money be credited to the taxpayer's county taxes. If a
164	164	taxpayer requests the credit, the board shall direct the secretary
165	165	to transmit the money to the county tax assessor-collector.
166	166	Sec. 1032.307. REPORT; DISSOLUTION ORDER. (a) After the
167	167	district has paid all its debts and has disposed of all its money
168	168	and other assets as prescribed by this subchapter, the board shall
169	169	file a written report with the Commissioners Court of Gonzales
170	170	County summarizing the board's actions in dissolving the district.
171	171	(b) Not later than the 10th day after the date the
172	172	Commissioners Court of Gonzales County receives the report and
173	173	determines that the requirements of this subchapter have been
174	174	fulfilled, the commissioners court shall enter an order dissolving
175	175	the district and releasing the board from any further duty or
176	176	obligation.
177	177	SECTION 8. Section 1032.053, Special District Local Laws
178	178	Code, as effective April 1, 2009, is repealed.
179	179	SECTION 9. (a) All elections for directors of Gonzales
180	180	Healthcare Systems held before the effective date of this Act, and
181	181	all governmental and proprietary actions of Gonzales Healthcare
182	182	Systems taken before the effective date of this Act, are validated,
183	183	ratified, and confirmed in all respects as if the actions had been
184	184	taken as authorized by law.
185	185	(b) This section does not apply to any matter that on the
186	186	effective date of this Act:
187	187	(1) is involved in litigation if the litigation
188	188	ultimately results in the matter being held invalid by a final
189	189	judgment of a court; or
190	190	(2) has been held invalid by a final judgment of a
191	191	court.
192	192	SECTION 10. This Act takes effect immediately if it
193	193	receives a vote of two-thirds of all the members elected to each
194	194	house, as provided by Section 39, Article III, Texas Constitution.
195	195	If this Act does not receive the vote necessary for immediate
196	196	effect, this Act takes effect September 1, 2009.
197	197	* * * * *