Texas 2011 - 82nd Regular

Texas House Bill HB1417 Compare Versions

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1	1	82R4419 CJC-F
2	2	By: Chisum H.B. No. 1417
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Swisher Memorial Hospital District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 4, Chapter 16, Acts of the 59th
10	10	Legislature, Regular Session, 1965, is amended to read as follows:
11	11	Sec. 4. DISTRICT MANAGEMENT. The [Within ten (10) days
12	12	after such election is held the Commissioners Court of said County
13	13	shall convene and canvass the returns thereof and in the event such
14	14	election results favorably to the proposition specified in Section
15	15	3 hereof, such] District shall be governed by a Board of Directors
16	16	to consist of five (5) members. Each such Director must at the time
17	17	of his election or appointment be a registered voter of the District
18	18	[hereunder own property subject to taxation within the district]
19	19	and be more than twenty-one (21) years of age. One Director shall
20	20	represent the County at large, and each of the four (4) remaining
21	21	Directors shall represent a Commissioner's precinct of the County,
22	22	and each Director must reside in the area he represents. Directors
23	23	shall be entitled to compensation at a rate to be determined by the
24	24	Board, provided that in no event shall the rate of compensation
25	25	exceed Ten Dollars ($10) for each meeting of the Board of Directors.
26	26	Five [Upon creation of the District as above provided, the
27	27	Commissioners Court shall appoint five persons as Directors to
28	28	serve until the first Saturday in April of the year succeeding the
29	29	year of the District's creation, at which time five (5)] Directors
30	30	shall be elected. The three (3) Directors receiving the highest
31	31	vote at such election shall serve for two (2) years, and the other
32	32	two Directors shall serve for one (1) year. Thereafter, all
33	33	Directors shall serve for a period of two years and until their
34	34	successors have been duly elected or appointed and qualified. [All
35	35	qualified electors residing in Swisher County, Texas, and in the
36	36	Swisher Memorial Hospital District shall be eligible to vote for
37	37	all Directors. Each member of the Board of Directors shall qualify
38	38	for his office by executing the Constitutional oath of office to be
39	39	filed in the office of the District.] The Board of Directors shall
40	40	organize by electing one of their number as President, one as Vice
41	41	President, and one as Secretary. A [Any three members of the Board
42	42	shall constitute a quorum and a] concurrence of three Directors is
43	43	[shall be] sufficient in all matters pertaining to the business of
44	44	the District. The Board shall require the keeping of a true account
45	45	of all their meetings and proceedings and shall preserve all
46	46	contracts, records, notices, duplicate vouchers, duplicate
47	47	receipts and all accounts and records of the District at its
48	48	principal office where same shall be open to public inspection at
49	49	all reasonable times. All vacancies in the office of Director shall
50	50	be filled for the unexpired term by appointment by the remainder of
51	51	the Board, however in event the number of Directors shall be reduced
52	52	at any one time to less than three (3) for any reason, the remaining
53	53	Directors shall immediately call a special election to fill said
54	54	vacancies and upon failure to do so such vacancies may be filled by
55	55	appointment of the County Judge of Swisher County. The regular
56	56	election of Directors shall be held on the uniform election date in
57	57	May of [first Saturday in April in] each year and notice of such
58	58	election shall be published in accordance with Section 4.003,
59	59	Election Code [a newspaper of general circulation in Swisher County
60	60	one time at least ten (10) days prior to the date of election]. Any
61	61	person desiring to have the person's [his] name printed on the
62	62	ballot as a candidate for director shall file with the secretary of
63	63	the Board of Directors an application in accordance with Chapter
64	64	144, Election Code [a petition signed by not less than twenty-five
65	65	(25) qualified voters to such effect, at least twenty-five (25)
66	66	days prior to the election].
67	67	SECTION 2. Chapter 16, Acts of the 59th Legislature,
68	68	Regular Session, 1965, is amended by adding Sections 5A, 7B, 7C, and
69	69	7D to read as follows:
70	70	Sec. 5A. AUTHORITY TO BORROW MONEY; SECURITY. (a) The
71	71	Board of Directors may borrow money at a rate not to exceed the
72	72	maximum annual percentage rate allowed by law for District
73	73	obligations at the time the loan is made.
74	74	(b) To secure a loan, the Board may pledge:
75	75	(1) District revenue that is not pledged to pay the
76	76	District's bonded indebtedness;
77	77	(2) District taxes to be imposed by the District
78	78	during the 12-month period following the date of the pledge that are
79	79	not pledged to pay the principal of or interest on District bonds;
80	80	or
81	81	(3) District bonds that have been authorized but not
82	82	sold.
83	83	(c) A loan for which taxes or bonds are pledged must mature
84	84	not later than the first anniversary of the date the loan is made. A
85	85	loan for which District revenue is pledged must mature not later
86	86	than the fifth anniversary of the date the loan is made.
87	87	Sec. 7B. REVENUE BONDS. (a) The Board of Directors may
88	88	issue revenue bonds to:
89	89	(1) purchase, construct, acquire, repair, or renovate
90	90	buildings or improvements;
91	91	(2) equip buildings or improvements for hospital
92	92	purposes; or
93	93	(3) acquire real property for hospital purposes.
94	94	(b) Revenue bonds must be payable from and secured by a
95	95	pledge of all or part of the revenue derived from the operation of
96	96	the District's hospital system. Revenue bonds may be additionally
97	97	secured by a mortgage or deed of trust on all or part of District
98	98	property. Revenue bonds must be issued in the manner provided by
99	99	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
100	100	Health and Safety Code, for issuance of revenue bonds by a county
101	101	hospital authority.
102	102	Sec. 7C. ADDITIONAL MEANS OF SECURING REPAYMENT OF BONDS.
103	103	In addition to the authority to issue general obligation bonds and
104	104	revenue bonds under this Act, the Board of Directors may provide for
105	105	the security and payment of District bonds from a pledge of a
106	106	combination of ad valorem taxes as authorized by Section 7 of this
107	107	Act and revenue and other sources as authorized by Section 7B of
108	108	this Act.
109	109	Sec. 7D. USE OF BOND PROCEEDS. The District may use the
110	110	proceeds of bonds issued under this Act to pay:
111	111	(1) any expense the Board determines is reasonable and
112	112	necessary to issue, sell, and deliver the bonds;
113	113	(2) interest payments on the bonds during a period of
114	114	acquisition or construction of a project or facility to be provided
115	115	through the bonds, not to exceed five years;
116	116	(3) costs related to the operation and maintenance of
117	117	a project or facility to be provided through the bonds:
118	118	(A) during an estimated period of acquisition or
119	119	construction, not to exceed five years; and
120	120	(B) for one year after the project or facility is
121	121	acquired or constructed;
122	122	(4) costs related to the financing of the bond funds,
123	123	including debt service reserve and contingency funds;
124	124	(5) costs related to the bond issuance;
125	125	(6) costs related to the acquisition of land or
126	126	interests in land for a project or facility to be provided through
127	127	the bonds; and
128	128	(7) construction costs of a project or facility to be
129	129	provided through the bonds, including the payment of related
130	130	professional services and expenses.
131	131	SECTION 3. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2011.