Texas 2011 - 82nd Regular

Texas Senate Bill SB1147 Compare Versions

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1	1	By: Duncan S.B. No. 1147
2	2	(Ritter)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the nonsubstantive revision of certain local laws
8	8	concerning special districts, including conforming amendments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
11	11	SECTION 1.01. Subtitle A, Title 3, Special District Local
12	12	Laws Code, is amended by adding Chapters 1011, 1034, 1058, 1069,
13	13	1074, 1086, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1108, and 1111 to read as follows:
14	14	CHAPTER 1011. SCHLEICHER COUNTY HOSPITAL DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 1011.001. DEFINITIONS
17	17	Sec. 1011.002. AUTHORITY FOR OPERATION
18	18	Sec. 1011.003. POLITICAL SUBDIVISION
19	19	Sec. 1011.004. DISTRICT TERRITORY
20	20	Sec. 1011.005. CORRECTION OF INVALID PROCEDURES
21	21	[Sections 1011.006-1011.050 reserved for expansion]
22	22	SUBCHAPTER B. DISTRICT ADMINISTRATION
23	23	Sec. 1011.051. BOARD ELECTION; TERM
24	24	Sec. 1011.052. NOTICE OF ELECTION
25	25	Sec. 1011.053. BALLOT PETITION
26	26	Sec. 1011.054. QUALIFICATIONS FOR OFFICE
27	27	Sec. 1011.055. BOND; RECORD OF BOND AND OATH
28	28	Sec. 1011.056. BOARD VACANCY
29	29	Sec. 1011.057. OFFICERS
30	30	Sec. 1011.058. COMPENSATION; EXPENSES
31	31	Sec. 1011.059. VOTING REQUIREMENT
32	32	Sec. 1011.060. MEETINGS
33	33	Sec. 1011.061. EMPLOYEES
34	34	Sec. 1011.062. MAINTENANCE OF RECORDS; PUBLIC
35	35	INSPECTION
36	36	Sec. 1011.063. SEAL
37	37	Sec. 1011.064. ALTERNATIVE ELECTION OF DIRECTORS BY
38	38	PRECINCT
39	39	[Sections 1011.065-1011.100 reserved for expansion]
40	40	SUBCHAPTER C. POWERS AND DUTIES
41	41	Sec. 1011.101. DISTRICT RESPONSIBILITY
42	42	Sec. 1011.102. RESTRICTION ON COUNTY OR MUNICIPAL
43	43	TAXATION
44	44	Sec. 1011.103. MANAGEMENT AND CONTROL OF DISTRICT
45	45	Sec. 1011.104. RULES
46	46	Sec. 1011.105. PURCHASING AND ACCOUNTING PROCEDURES
47	47	Sec. 1011.106. EMINENT DOMAIN
48	48	Sec. 1011.107. GIFTS AND ENDOWMENTS
49	49	Sec. 1011.108. PROVISION OF SERVICES OUTSIDE DISTRICT
50	50	Sec. 1011.109. PAYMENT FOR TREATMENT; PROCEDURES
51	51	Sec. 1011.110. AUTHORITY TO SUE AND BE SUED
52	52	[Sections 1011.111-1011.150 reserved for expansion]
53	53	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
54	54	Sec. 1011.151. BUDGET
55	55	Sec. 1011.152. PROPOSED BUDGET: NOTICE AND HEARING
56	56	Sec. 1011.153. FISCAL YEAR
57	57	Sec. 1011.154. ANNUAL AUDIT
58	58	Sec. 1011.155. DEPOSITORY OR TREASURER
59	59	[Sections 1011.156-1011.200 reserved for expansion]
60	60	SUBCHAPTER E. BONDS
61	61	Sec. 1011.201. GENERAL OBLIGATION BONDS
62	62	Sec. 1011.202. TAX TO PAY GENERAL OBLIGATION BONDS
63	63	Sec. 1011.203. GENERAL OBLIGATION BOND ELECTION
64	64	Sec. 1011.204. MATURITY OF GENERAL OBLIGATION BONDS
65	65	Sec. 1011.205. EXECUTION OF GENERAL OBLIGATION BONDS
66	66	Sec. 1011.206. REFUNDING BONDS
67	67	[Sections 1011.207-1011.250 reserved for expansion]
68	68	SUBCHAPTER F. TAXES
69	69	Sec. 1011.251. IMPOSITION OF AD VALOREM TAX
70	70	Sec. 1011.252. TAX RATE
71	71	Sec. 1011.253. TAX ASSESSOR-COLLECTOR
72	72	CHAPTER 1011. SCHLEICHER COUNTY HOSPITAL DISTRICT
73	73	SUBCHAPTER A. GENERAL PROVISIONS
74	74	Sec. 1011.001. DEFINITIONS. In this chapter:
75	75	(1) "Board" means the board of directors of the
76	76	district.
77	77	(2) "Director" means a member of the board.
78	78	(3) "District" means the Schleicher County Hospital
79	79	District. (New.)
80	80	Sec. 1011.002. AUTHORITY FOR OPERATION. The Schleicher
81	81	County Hospital District operates in accordance with and has the
82	82	powers and responsibilities provided by Section 9, Article IX,
83	83	Texas Constitution. (Acts 60th Leg., R.S., Ch. 38, Sec. 1 (part).)
84	84	Sec. 1011.003. POLITICAL SUBDIVISION. The district is a
85	85	political subdivision of this state. (Acts 60th Leg., R.S., Ch. 38,
86	86	Sec. 16 (part).)
87	87	Sec. 1011.004. DISTRICT TERRITORY. The boundaries of the
88	88	district are coextensive with the boundaries of Schleicher County.
89	89	(Acts 60th Leg., R.S., Ch. 38, Sec. 1 (part).)
90	90	Sec. 1011.005. CORRECTION OF INVALID PROCEDURES. If a
91	91	court holds that any procedure under this chapter violates the
92	92	constitution of this state or of the United States, the district by
93	93	resolution may provide an alternative procedure that conforms with
94	94	the constitution. (Acts 60th Leg., R.S., Ch. 38, Sec. 17 (part).)
95	95	[Sections 1011.006-1011.050 reserved for expansion]
96	96	SUBCHAPTER B. DISTRICT ADMINISTRATION
97	97	Sec. 1011.051. BOARD ELECTION; TERM. (a) Except as
98	98	provided by Section 1011.064, the board consists of seven directors
99	99	elected from the district at large.
100	100	(b) Unless four-year terms are established under Section
101	101	285.081, Health and Safety Code:
102	102	(1) directors serve staggered two-year terms; and
103	103	(2) a directors' election shall be held annually on a
104	104	date authorized by Chapter 41, Election Code. (Acts 60th Leg.,
105	105	R.S., Ch. 38, Secs. 3(a) (part), (c) (part).)
106	106	Sec. 1011.052. NOTICE OF ELECTION. At least 10 days before
107	107	the date of a directors' election, notice of the election must be
108	108	published one time in a newspaper of general circulation in
109	109	Schleicher County. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(c)
110	110	(part).)
111	111	Sec. 1011.053. BALLOT PETITION. (a) A person who wants to
112	112	have the person's name printed on the ballot as a candidate for
113	113	director must file with the board secretary a petition requesting
114	114	that action. The petition must be signed by not fewer than 10
115	115	registered voters.
116	116	(b) The petition and an application for a place on the
117	117	ballot that meets the requirements of the Election Code must be
118	118	filed in the manner provided by Chapter 144, Election Code. (Acts
119	119	60th Leg., R.S., Ch. 38, Sec. 3(c) (part).)
120	120	Sec. 1011.054. QUALIFICATIONS FOR OFFICE. A person may not
121	121	be appointed or elected as a director unless the person is:
122	122	(1) a resident of the district; and
123	123	(2) at least 18 years of age at the time of the
124	124	appointment or election. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(a)
125	125	(part).)
126	126	Sec. 1011.055. BOND; RECORD OF BOND AND OATH. (a) Each
127	127	director shall execute a good and sufficient bond for $1,000 that
128	128	is:
129	129	(1) payable to the district; and
130	130	(2) conditioned on the faithful performance of the
131	131	director's duties.
132	132	(b) Each director's bond and constitutional oath of office
133	133	shall be deposited with the district's depository bank for
134	134	safekeeping. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(a) (part).)
135	135	Sec. 1011.056. BOARD VACANCY. (a) If a vacancy occurs in
136	136	the office of director, the remaining directors shall appoint a
137	137	director for the unexpired term.
138	138	(b) If the number of directors is reduced to fewer than four
139	139	for any reason, the remaining directors shall immediately call a
140	140	special election to fill the vacancies. If the remaining directors
141	141	do not call the election, a district court, on application of a
142	142	district voter or taxpayer, may order the directors to hold the
143	143	election. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(b) (part).)
144	144	Sec. 1011.057. OFFICERS. The board shall elect from among
145	145	its members a president and a secretary. (Acts 60th Leg., R.S., Ch.
146	146	38, Sec. 3(b) (part).)
147	147	Sec. 1011.058. COMPENSATION; EXPENSES. A director serves
148	148	without compensation but may be reimbursed for actual expenses
149	149	incurred in the performance of official duties on approval of the
150	150	expenses by the board. (Acts 60th Leg., R.S., Ch. 38, Sec. 4
151	151	(part).)
152	152	Sec. 1011.059. VOTING REQUIREMENT. A concurrence of a
153	153	majority of directors is sufficient in any matter relating to
154	154	district business. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(b)
155	155	(part).)
156	156	Sec. 1011.060. MEETINGS. (a) A board meeting may be
157	157	called by the president or a majority of the directors.
158	158	(b) Notice of the time and place of a board meeting must be
159	159	given to each director not later than the seventh day before the
160	160	time of the meeting.
161	161	(c) This section does not prevent the board from
162	162	establishing by resolution a regular time and place for meetings
163	163	for which special notice is not required. (Acts 60th Leg., R.S.,
164	164	Ch. 38, Sec. 3(b) (part).)
165	165	Sec. 1011.061. EMPLOYEES. The board may employ a general
166	166	manager and other necessary professional and clerical personnel.
167	167	(Acts 60th Leg., R.S., Ch. 38, Sec. 7(a) (part).)
168	168	Sec. 1011.062. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
169	169	Except as provided by Section 1011.055, all district records,
170	170	including books, accounts, notices, and minutes, and all other
171	171	matters of the district and the operation of its facilities shall
172	172	be:
173	173	(1) maintained at the district office; and
174	174	(2) open to public inspection at the district office
175	175	at all reasonable hours. (Acts 60th Leg., R.S., Ch. 38, Sec. 7(b).)
176	176	Sec. 1011.063. SEAL. The board may adopt a seal for the
177	177	district. (Acts 60th Leg., R.S., Ch. 38, Sec. 7(a) (part).)
178	178	Sec. 1011.064. ALTERNATIVE ELECTION OF DIRECTORS BY
179	179	PRECINCT. (a) The board may adopt an order to elect directors from
180	180	five districts according to the commissioners precinct method.
181	181	(b) If the board adopts an order under Subsection (a), one
182	182	director is elected by the voters of the district at large and one
183	183	director is elected from each county commissioners precinct by the
184	184	voters of that precinct.
185	185	(c) Except as provided by Subsection (e), a person must be:
186	186	(1) a resident of the district to be eligible to be a
187	187	candidate for or to serve as a director at large; and
188	188	(2) a resident of the precinct to be a candidate for or
189	189	to serve as a director from that precinct.
190	190	(d) A person shall indicate on the application for a place
191	191	on the ballot:
192	192	(1) that the person seeks to represent the district at
193	193	large; or
194	194	(2) the precinct that the person seeks to represent.
195	195	(e) When the boundaries of the county commissioners
196	196	precincts are redrawn to reflect population changes after each
197	197	federal decennial census, a director in office on the effective
198	198	date of the change, or elected or appointed before the effective
199	199	date of the change to a term of office beginning on or after the
200	200	effective date of the change, shall serve the term or the remainder
201	201	of the term in the precinct to which elected or appointed even if
202	202	the change in boundaries places the director's residence outside
203	203	the precinct for which the director was elected or appointed.
204	204	(f) At the first directors' election after the adoption of
205	205	an order under Subsection (a), five new directors shall be elected.
206	206	After the canvass of the returns of the election, the terms of all
207	207	directors serving at the time of the election expire.
208	208	(g) At the first meeting of the directors elected under this
209	209	section, the directors shall draw lots to determine which three
210	210	directors serve two-year terms and which two directors serve
211	211	one-year terms. After the terms of the initial directors elected
212	212	under this section expire, each director serves a two-year term.
213	213	(Acts 60th Leg., R.S., Ch. 38, Sec. 3A.)
214	214	[Sections 1011.065-1011.100 reserved for expansion]
215	215	SUBCHAPTER C. POWERS AND DUTIES
216	216	Sec. 1011.101. DISTRICT RESPONSIBILITY. The district has
217	217	full responsibility for providing medical and hospital care for the
218	218	district's residents, including the district's needy and indigent
219	219	residents. (Acts 60th Leg., R.S., Ch. 38, Secs. 2(a) (part), 12
220	220	(part).)
221	221	Sec. 1011.102. RESTRICTION ON COUNTY OR MUNICIPAL
222	222	TAXATION. Schleicher County or a municipality in Schleicher County
223	223	may not impose a tax for hospital purposes. (Acts 60th Leg., R.S.,
224	224	Ch. 38, Sec. 12 (part).)
225	225	Sec. 1011.103. MANAGEMENT AND CONTROL OF DISTRICT. The
226	226	management and control of the district is vested in the board.
227	227	(Acts 60th Leg., R.S., Ch. 38, Sec. 4 (part).)
228	228	Sec. 1011.104. RULES. (a) The board may adopt rules
229	229	governing the operation of the district and district facilities.
230	230	(b) The rules, on approval by the board, may be published in
231	231	booklet form at district expense and may be made available to any
232	232	taxpayer on request. (Acts 60th Leg., R.S., Ch. 38, Sec. 7(c).)
233	233	Sec. 1011.105. PURCHASING AND ACCOUNTING PROCEDURES. (a)
234	234	The board may prescribe the method and manner of making purchases
235	235	and expenditures by and for the district.
236	236	(b) The board shall prescribe:
237	237	(1) all accounting and control procedures; and
238	238	(2) the method of purchasing necessary supplies,
239	239	materials, and equipment. (Acts 60th Leg., R.S., Ch. 38, Sec. 7(a)
240	240	(part).)
241	241	Sec. 1011.106. EMINENT DOMAIN. (a) The district may
242	242	exercise the power of eminent domain to acquire a fee simple or
243	243	other interest in any type of property located in district
244	244	territory, if the interest is necessary or convenient for the
245	245	district to exercise a right, power, privilege, or function
246	246	conferred on the district by this chapter.
247	247	(b) The district must exercise the power of eminent domain
248	248	in the manner provided by Chapter 21, Property Code, except the
249	249	district is not required to deposit in the trial court money or a
250	250	bond as provided by Section 21.021(a), Property Code.
251	251	(c) In a condemnation proceeding brought by the district,
252	252	the district is not required to:
253	253	(1) pay in advance or provide bond or other security
254	254	for costs in the trial court;
255	255	(2) provide bond for the issuance of a temporary
256	256	restraining order or a temporary injunction; or
257	257	(3) provide a bond for costs or a supersedeas bond on
258	258	an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 38,
259	259	Sec. 9.)
260	260	Sec. 1011.107. GIFTS AND ENDOWMENTS. The board may accept
261	261	for the district a gift or endowment to be held in trust and
262	262	administered by the board for the purposes and under the
263	263	directions, limitations, or other provisions prescribed in writing
264	264	by the donor that are not inconsistent with the proper management
265	265	and objectives of the district. (Acts 60th Leg., R.S., Ch. 38, Sec.
266	266	14.)
267	267	Sec. 1011.108. PROVISION OF SERVICES OUTSIDE DISTRICT. On
268	268	approval of the board, the district may provide primary care,
269	269	emergency services, preventive medical services, and other
270	270	health-related services outside the district if the services serve
271	271	the district's purpose. (Acts 60th Leg., R.S., Ch. 38, Sec. 1
272	272	(part).)
273	273	Sec. 1011.109. PAYMENT FOR TREATMENT; PROCEDURES. (a)
274	274	When a patient who claims to be indigent is admitted to a district
275	275	facility, the board shall have an inquiry made into the
276	276	circumstances of:
277	277	(1) the patient; and
278	278	(2) the patient's relatives legally liable for the
279	279	patient's support.
280	280	(b) If an agent designated by the district to handle the
281	281	inquiry determines that the patient or those relatives cannot pay
282	282	for all or part of the patient's care and treatment in the hospital,
283	283	the amount that cannot be paid becomes a charge against the
284	284	district.
285	285	(c) If it is determined that the patient or those relatives
286	286	are liable to pay for all or part of the patient's care and
287	287	treatment, the patient or those relatives shall be ordered to pay to
288	288	the district's treasurer a specified amount each week for the
289	289	patient's support. The amount ordered must be proportionate to
290	290	their financial ability and may not exceed the actual per capita
291	291	cost of maintenance.
292	292	(d) The district may collect the amount from the patient's
293	293	estate, or from those relatives legally liable for the patient's
294	294	support, in the manner provided by law for the collection of
295	295	expenses of the last illness of a deceased person.
296	296	(e) If there is a dispute as to the ability to pay or doubt
297	297	in the mind of the district's designated agent, the board shall hold
298	298	a hearing and, after calling witnesses, shall:
299	299	(1) resolve the dispute or doubt; and
300	300	(2) issue any appropriate order.
301	301	(f) The order may be appealed to the district court. (Acts
302	302	60th Leg., R.S., Ch. 38, Sec. 13.)
303	303	Sec. 1011.110. AUTHORITY TO SUE AND BE SUED. As a
304	304	governmental agency, the district may sue and be sued in its own
305	305	name in any court in this state. (Acts 60th Leg., R.S., Ch. 38, Sec.
306	306	16 (part).)
307	307	[Sections 1011.111-1011.150 reserved for expansion]
308	308	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
309	309	Sec. 1011.151. BUDGET. The board annually shall have a
310	310	budget prepared for the next fiscal year that includes:
311	311	(1) proposed expenditures and disbursements;
312	312	(2) estimated receipts and collections; and
313	313	(3) the amount of taxes required to be imposed for the
314	314	year. (Acts 60th Leg., R.S., Ch. 38, Sec. 8(b) (part).)
315	315	Sec. 1011.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
316	316	The board shall hold a public hearing on the proposed budget.
317	317	(b) Notice of the hearing must be published at least once in
318	318	a newspaper of general circulation in Schleicher County not later
319	319	than the 10th day before the date of the hearing.
320	320	(c) Any district taxpayer is entitled to:
321	321	(1) appear at the time and place designated in the
322	322	notice; and
323	323	(2) be heard regarding any item included in the
324	324	proposed budget. (Acts 60th Leg., R.S., Ch. 38, Sec. 8(b) (part).)
325	325	Sec. 1011.153. FISCAL YEAR. The district's fiscal year
326	326	begins on January 1 and ends on December 31. (Acts 60th Leg., R.S.,
327	327	Ch. 38, Sec. 8(a) (part).)
328	328	Sec. 1011.154. ANNUAL AUDIT. (a) The board annually shall
329	329	have an independent audit made of the district's books and records
330	330	for the preceding fiscal year.
331	331	(b) Not later than March 31 each year, the audit shall be
332	332	filed:
333	333	(1) with the comptroller; and
334	334	(2) at the district's office. (Acts 60th Leg., R.S.,
335	335	Ch. 38, Sec. 8(a) (part).)
336	336	Sec. 1011.155. DEPOSITORY OR TREASURER. (a) The board by
337	337	resolution shall designate a bank or banks in Schleicher County as
338	338	the district's depository or treasurer. A designated bank serves
339	339	for two years and until a successor is designated.
340	340	(b) All income received by the district shall be deposited
341	341	with the district depository.
342	342	(c) All district money shall be secured in the manner
343	343	provided for securing county funds. (Acts 60th Leg., R.S., Ch. 38,
344	344	Secs. 5(b) (part), 10.)
345	345	[Sections 1011.156-1011.200 reserved for expansion]
346	346	SUBCHAPTER E. BONDS
347	347	Sec. 1011.201. GENERAL OBLIGATION BONDS. The board may
348	348	issue and sell general obligation bonds in the name and on the faith
349	349	and credit of the district for any purpose relating to the purchase,
350	350	construction, acquisition, repair, or renovation of buildings or
351	351	improvements and equipping buildings and improvements for hospital
352	352	purposes. (Acts 60th Leg., R.S., Ch. 38, Sec. 6(a) (part).)
353	353	Sec. 1011.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a)
354	354	The board shall impose an ad valorem tax at a rate sufficient to
355	355	create an interest and sinking fund to pay the principal of and
356	356	interest on general obligation bonds issued under Section 1011.201
357	357	as the bonds mature.
358	358	(b) The tax required by this section together with any
359	359	maintenance and operations tax the district imposes may not in any
360	360	year exceed 75 cents on each $100 valuation of all taxable property
361	361	in the district. (Acts 60th Leg., R.S., Ch. 38, Sec. 6(a) (part).)
362	362	Sec. 1011.203. GENERAL OBLIGATION BOND ELECTION. (a) The
363	363	district may issue general obligation bonds only if the bonds are
364	364	authorized by a majority of the district voters voting at an
365	365	election held for that purpose.
366	366	(b) The board may order a bond election on its own motion.
367	367	(c) The order must specify:
368	368	(1) the location of the polling places;
369	369	(2) the presiding election officers;
370	370	(3) the purpose for which the bonds are to be issued;
371	371	(4) the amount of the bonds to be authorized;
372	372	(5) the maximum interest rate of the bonds; and
373	373	(6) the maximum maturity date of the bonds.
374	374	(d) Notice of a bond election shall be given by publishing a
375	375	substantial copy of the order in a newspaper of general circulation
376	376	in Schleicher County once each week for two consecutive weeks
377	377	before the date of the election. The first publication must occur at
378	378	least 14 days before the date of the election. (Acts 60th Leg.,
379	379	R.S., Ch. 38, Sec. 6(a) (part).)
380	380	Sec. 1011.204. MATURITY OF GENERAL OBLIGATION BONDS.
381	381	District general obligation bonds must mature not later than 40
382	382	years after the date of issuance. (Acts 60th Leg., R.S., Ch. 38,
383	383	Sec. 6(a) (part).)
384	384	Sec. 1011.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
385	385	The board president shall execute the general obligation bonds in
386	386	the district's name.
387	387	(b) The board secretary shall countersign the bonds. (Acts
388	388	60th Leg., R.S., Ch. 38, Sec. 6(a) (part).)
389	389	Sec. 1011.206. REFUNDING BONDS. (a) District refunding
390	390	bonds may be issued without an election and in the manner provided
391	391	by this subchapter to refund outstanding bonds issued by the
392	392	district.
393	393	(b) A refunding bond may be:
394	394	(1) sold, with the proceeds of the refunding bond
395	395	applied to the payment of the outstanding bonds; or
396	396	(2) exchanged wholly or partly for not less than a
397	397	similar amount of the outstanding bonds and the unpaid matured
398	398	interest on those bonds. (Acts 60th Leg., R.S., Ch. 38, Secs. 6(a)
399	399	(part), (b) (part).)
400	400	[Sections 1011.207-1011.250 reserved for expansion]
401	401	SUBCHAPTER F. TAXES
402	402	Sec. 1011.251. IMPOSITION OF AD VALOREM TAX. (a) On final
403	403	approval of the budget, the board shall impose a tax on all taxable
404	404	property in the district subject to district taxation.
405	405	(b) The board shall impose the tax to:
406	406	(1) pay the interest on and create a sinking fund for
407	407	bonds issued by the district for hospital purposes as provided by
408	408	this chapter;
409	409	(2) provide for the maintenance and operations of the
410	410	hospital, hospital system, or related facilities;
411	411	(3) make improvements and additions to the hospital
412	412	system; and
413	413	(4) acquire necessary sites for the hospital system by
414	414	purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 38,
415	415	Secs. 5(a) (part), (b) (part), 8(b) (part).)
416	416	Sec. 1011.252. TAX RATE. The board may impose the tax at a
417	417	rate not to exceed 75 cents on each $100 valuation of all taxable
418	418	property in the district. (Acts 60th Leg., R.S., Ch. 38, Sec. 5(a)
419	419	(part).)
420	420	Sec. 1011.253. TAX ASSESSOR-COLLECTOR. The tax
421	421	assessor-collector of Schleicher County shall assess and collect
422	422	taxes imposed by the district. (Acts 60th Leg., R.S., Ch. 38, Secs. 5(b) (part), 8(b) (part).)
423	423	CHAPTER 1034. HALL COUNTY HOSPITAL DISTRICT
424	424	SUBCHAPTER A. GENERAL PROVISIONS
425	425	Sec. 1034.001. DEFINITIONS
426	426	Sec. 1034.002. AUTHORITY FOR OPERATION
427	427	Sec. 1034.003. ESSENTIAL PUBLIC FUNCTION
428	428	Sec. 1034.004. DISTRICT TERRITORY
429	429	Sec. 1034.005. DISTRICT SUPPORT OR MAINTENANCE NOT
430	430	STATE OBLIGATION
431	431	Sec. 1034.006. RESTRICTION ON STATE FINANCIAL
432	432	ASSISTANCE
433	433	[Sections 1034.007-1034.050 reserved for expansion]
434	434	SUBCHAPTER B. DISTRICT ADMINISTRATION
435	435	Sec. 1034.051. BOARD ELECTION; TERM
436	436	Sec. 1034.052. NOTICE OF ELECTION
437	437	Sec. 1034.053. BALLOT PETITION
438	438	Sec. 1034.054. QUALIFICATIONS FOR OFFICE
439	439	Sec. 1034.055. BOARD VACANCY
440	440	Sec. 1034.056. OFFICERS
441	441	Sec. 1034.057. COMPENSATION; EXPENSES
442	442	Sec. 1034.058. VOTING REQUIREMENT
443	443	Sec. 1034.059. DISTRICT ADMINISTRATOR
444	444	Sec. 1034.060. GENERAL DUTIES OF DISTRICT
445	445	ADMINISTRATOR
446	446	Sec. 1034.061. ASSISTANT DISTRICT ADMINISTRATOR;
447	447	ATTORNEY
448	448	Sec. 1034.062. APPOINTMENT OF STAFF AND EMPLOYEES
449	449	Sec. 1034.063. RETIREMENT BENEFITS
450	450	[Sections 1034.064-1034.100 reserved for expansion]
451	451	SUBCHAPTER C. POWERS AND DUTIES
452	452	Sec. 1034.101. DISTRICT RESPONSIBILITY
453	453	Sec. 1034.102. RESTRICTION ON COUNTY TAXATION AND DEBT
454	454	Sec. 1034.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
455	455	Sec. 1034.104. RULES
456	456	Sec. 1034.105. PURCHASING AND ACCOUNTING PROCEDURES
457	457	Sec. 1034.106. MOBILE EMERGENCY MEDICAL SERVICE
458	458	Sec. 1034.107. DISTRICT PROPERTY, FACILITIES, AND
459	459	EQUIPMENT
460	460	Sec. 1034.108. EMINENT DOMAIN
461	461	Sec. 1034.109. COST OF RELOCATING OR ALTERING PROPERTY
462	462	Sec. 1034.110. GIFTS AND ENDOWMENTS
463	463	Sec. 1034.111. CONSTRUCTION CONTRACTS
464	464	Sec. 1034.112. OPERATING AND MANAGEMENT CONTRACTS
465	465	Sec. 1034.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
466	466	FOR SERVICES
467	467	Sec. 1034.114. PAYMENT FOR TREATMENT; PROCEDURES
468	468	Sec. 1034.115. REIMBURSEMENT FOR SERVICES
469	469	Sec. 1034.116. AUTHORITY TO SUE AND BE SUED
470	470	[Sections 1034.117-1034.150 reserved for expansion]
471	471	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
472	472	Sec. 1034.151. BUDGET
473	473	Sec. 1034.152. NOTICE; HEARING; ADOPTION OF BUDGET
474	474	Sec. 1034.153. AMENDMENTS TO BUDGET
475	475	Sec. 1034.154. RESTRICTION ON EXPENDITURES
476	476	Sec. 1034.155. FISCAL YEAR
477	477	Sec. 1034.156. ANNUAL AUDIT
478	478	Sec. 1034.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
479	479	RECORDS
480	480	Sec. 1034.158. FINANCIAL REPORT
481	481	Sec. 1034.159. DEPOSITORY
482	482	Sec. 1034.160. SPENDING AND INVESTMENT RESTRICTIONS
483	483	[Sections 1034.161-1034.200 reserved for expansion]
484	484	SUBCHAPTER E. BONDS
485	485	Sec. 1034.201. GENERAL OBLIGATION BONDS
486	486	Sec. 1034.202. TAX TO PAY GENERAL OBLIGATION BONDS
487	487	Sec. 1034.203. GENERAL OBLIGATION BOND ELECTION
488	488	Sec. 1034.204. REVENUE BONDS
489	489	Sec. 1034.205. REFUNDING BONDS
490	490	Sec. 1034.206. MATURITY OF BONDS
491	491	Sec. 1034.207. EXECUTION OF BONDS
492	492	Sec. 1034.208. BONDS EXEMPT FROM TAXATION
493	493	[Sections 1034.209-1034.250 reserved for expansion]
494	494	SUBCHAPTER F. TAXES
495	495	Sec. 1034.251. IMPOSITION OF AD VALOREM TAX
496	496	Sec. 1034.252. TAX RATE
497	497	Sec. 1034.253. ELECTION TO INCREASE MAXIMUM TAX RATE
498	498	Sec. 1034.254. TAX ASSESSOR-COLLECTOR
499	499	CHAPTER 1034. HALL COUNTY HOSPITAL DISTRICT
500	500	SUBCHAPTER A. GENERAL PROVISIONS
501	501	Sec. 1034.001. DEFINITIONS. In this chapter:
502	502	(1) "Board" means the board of directors of the
503	503	district.
504	504	(2) "Director" means a member of the board.
505	505	(3) "District" means the Hall County Hospital
506	506	District. (Acts 70th Leg., R.S., Ch. 1017, Sec. 1.01.)
507	507	Sec. 1034.002. AUTHORITY FOR OPERATION. The Hall County
508	508	Hospital District operates and is financed as provided by Section
509	509	9, Article IX, Texas Constitution, and by this chapter. (Acts 70th
510	510	Leg., R.S., Ch. 1017, Sec. 1.02.)
511	511	Sec. 1034.003. ESSENTIAL PUBLIC FUNCTION. The district is
512	512	a public entity performing an essential public function. (Acts
513	513	70th Leg., R.S., Ch. 1017, Sec. 7.11 (part).)
514	514	Sec. 1034.004. DISTRICT TERRITORY. The boundaries of the
515	515	district are coextensive with the boundaries of Hall County, Texas.
516	516	(Acts 70th Leg., R.S., Ch. 1017, Sec. 1.03.)
517	517	Sec. 1034.005. DISTRICT SUPPORT OR MAINTENANCE NOT STATE
518	518	OBLIGATION. This state may not be obligated for the support or
519	519	maintenance of the district. (Acts 70th Leg., R.S., Ch. 1017, Sec.
520	520	9.01 (part).)
521	521	Sec. 1034.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
522	522	The legislature may not make a direct appropriation for the
523	523	construction, maintenance, or improvement of a district facility.
524	524	(Acts 70th Leg., R.S., Ch. 1017, Sec. 9.01 (part).)
525	525	[Sections 1034.007-1034.050 reserved for expansion]
526	526	SUBCHAPTER B. DISTRICT ADMINISTRATION
527	527	Sec. 1034.051. BOARD ELECTION; TERM. (a) The district is
528	528	governed by a board of five directors elected from the district at
529	529	large.
530	530	(b) Unless four-year terms are established under Section
531	531	285.081, Health and Safety Code:
532	532	(1) directors serve staggered two-year terms; and
533	533	(2) an election shall be held annually on the May
534	534	uniform election date to elect the appropriate number of directors.
535	535	(Acts 70th Leg., R.S., Ch. 1017, Secs. 4.01(a), 4.03(a), (c)
536	536	(part).)
537	537	Sec. 1034.052. NOTICE OF ELECTION. At least 35 days before
538	538	the date of a directors' election, notice of the election must be
539	539	published one time in a newspaper with general circulation in the
540	540	district. (Acts 70th Leg., R.S., Ch. 1017, Sec. 4.04.)
541	541	Sec. 1034.053. BALLOT PETITION. A person who wants to have
542	542	the person's name printed on the ballot as a candidate for director
543	543	must file with the board secretary a petition requesting that
544	544	action. The petition must be:
545	545	(1) signed by at least three registered voters of the
546	546	district as determined by the most recent official list of
547	547	registered voters; and
548	548	(2) filed by the deadline imposed by Section 144.005,
549	549	Election Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. 4.05.)
550	550	Sec. 1034.054. QUALIFICATIONS FOR OFFICE. (a) To be
551	551	eligible to be a candidate for or to serve as a director, a person
552	552	must be:
553	553	(1) a resident of the district; and
554	554	(2) a qualified voter.
555	555	(b) A district employee may not serve as a director. (Acts
556	556	70th Leg., R.S., Ch. 1017, Sec. 4.06.)
557	557	Sec. 1034.055. BOARD VACANCY. If a vacancy occurs in the
558	558	office of director, the remaining directors shall appoint a
559	559	director for the unexpired term. (Acts 70th Leg., R.S., Ch. 1017,
560	560	Sec. 4.07.)
561	561	Sec. 1034.056. OFFICERS. (a) The board shall elect from
562	562	among its members a president and a vice president.
563	563	(b) The board shall appoint a secretary, who need not be a
564	564	director.
565	565	(c) Each officer of the board serves a one-year term.
566	566	(d) The board shall fill a vacancy in a board office for the
567	567	unexpired term. (Acts 70th Leg., R.S., Ch. 1017, Secs. 4.08, 4.09.)
568	568	Sec. 1034.057. COMPENSATION; EXPENSES. A director or
569	569	officer serves without compensation but may be reimbursed for
570	570	actual expenses incurred in the performance of official duties.
571	571	The expenses must be:
572	572	(1) reported in the district's records; and
573	573	(2) approved by the board. (Acts 70th Leg., R.S., Ch.
574	574	1017, Sec. 4.10.)
575	575	Sec. 1034.058. VOTING REQUIREMENT. A concurrence of a
576	576	majority of the directors voting is necessary in matters relating
577	577	to district business. (Acts 70th Leg., R.S., Ch. 1017, Sec. 4.11.)
578	578	Sec. 1034.059. DISTRICT ADMINISTRATOR. (a) The board may
579	579	appoint a qualified person as district administrator.
580	580	(b) The district administrator serves at the will of the
581	581	board and is entitled to compensation as determined by the board.
582	582	(c) Before assuming the duties of district administrator,
583	583	the administrator must execute a bond in an amount determined by the
584	584	board of not less than $5,000 that is:
585	585	(1) payable to the district; and
586	586	(2) conditioned on the faithful performance of the
587	587	administrator's duties under this chapter.
588	588	(d) The board may pay for the bond with district money.
589	589	(Acts 70th Leg., R.S., Ch. 1017, Secs. 4.12(a) (part), (b) (part),
590	590	(c) (part), (d).)
591	591	Sec. 1034.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
592	592	Subject to the limitations prescribed by the board, the district
593	593	administrator shall:
594	594	(1) supervise the work and activities of the district;
595	595	and
596	596	(2) direct the general affairs of the district. (Acts
597	597	70th Leg., R.S., Ch. 1017, Sec. 4.15.)
598	598	Sec. 1034.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
599	599	(a) The board may appoint qualified persons as:
600	600	(1) the assistant district administrator; and
601	601	(2) the attorney for the district.
602	602	(b) The assistant district administrator and the attorney
603	603	for the district serve at the will of the board and are entitled to
604	604	compensation as determined by the board. (Acts 70th Leg., R.S., Ch.
605	605	1017, Secs. 4.12(a) (part), (b) (part), (c) (part).)
606	606	Sec. 1034.062. APPOINTMENT OF STAFF AND EMPLOYEES.
607	607	(a) The board may appoint to the staff any doctors the board
608	608	considers necessary for the efficient operation of the district and
609	609	may make temporary appointments as considered necessary.
610	610	(b) The district may employ technicians, nurses, fiscal
611	611	agents, accountants, architects, additional attorneys, and other
612	612	necessary employees.
613	613	(c) The board may delegate to the district administrator the
614	614	authority to employ persons for the district. (Acts 70th Leg.,
615	615	R.S., Ch. 1017, Secs. 4.13, 4.14.)
616	616	Sec. 1034.063. RETIREMENT BENEFITS. The board may provide
617	617	retirement benefits for district employees by:
618	618	(1) establishing or administering a retirement
619	619	program; or
620	620	(2) participating in:
621	621	(A) the Texas County and District Retirement
622	622	System; or
623	623	(B) another statewide retirement system in which
624	624	the district is eligible to participate. (Acts 70th Leg., R.S., Ch.
625	625	1017, Sec. 4.16.)
626	626	[Sections 1034.064-1034.100 reserved for expansion]
627	627	SUBCHAPTER C. POWERS AND DUTIES
628	628	Sec. 1034.101. DISTRICT RESPONSIBILITY. The district has
629	629	full responsibility for operating hospital facilities and for
630	630	providing medical and hospital care for the district's needy
631	631	inhabitants. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.02 (part).)
632	632	Sec. 1034.102. RESTRICTION ON COUNTY TAXATION AND DEBT.
633	633	Hall County may not impose a tax or issue bonds or other obligations
634	634	for hospital purposes or to provide medical care for district
635	635	residents. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.01(b).)
636	636	Sec. 1034.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
637	637	The board shall manage, control, and administer the hospital system
638	638	and the district's money and resources. (Acts 70th Leg., R.S., Ch.
639	639	1017, Sec. 5.03.)
640	640	Sec. 1034.104. RULES. The board may adopt rules governing:
641	641	(1) the operation of the hospital and hospital system;
642	642	and
643	643	(2) the duties, functions, and responsibilities of
644	644	district staff and employees. (Acts 70th Leg., R.S., Ch. 1017, Sec.
645	645	5.04.)
646	646	Sec. 1034.105. PURCHASING AND ACCOUNTING PROCEDURES. The
647	647	board may prescribe:
648	648	(1) the method of making purchases and expenditures by
649	649	and for the district; and
650	650	(2) accounting and control procedures for the
651	651	district. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.05.)
652	652	Sec. 1034.106. MOBILE EMERGENCY MEDICAL SERVICE. The
653	653	district may operate or provide for the operation of a mobile
654	654	emergency medical service. (Acts 70th Leg., R.S., Ch. 1017, Sec.
655	655	5.02 (part).)
656	656	Sec. 1034.107. DISTRICT PROPERTY, FACILITIES, AND
657	657	EQUIPMENT. (a) The board shall determine:
658	658	(1) the type, number, and location of buildings
659	659	required to maintain an adequate hospital system; and
660	660	(2) the type of equipment necessary for hospital care.
661	661	(b) The board may:
662	662	(1) acquire property, including facilities and
663	663	equipment, for the district for use in the hospital system; and
664	664	(2) mortgage or pledge the property as security for
665	665	payment of the purchase price.
666	666	(c) The board may lease hospital facilities for the
667	667	district.
668	668	(d) The board may sell or otherwise dispose of property,
669	669	including facilities or equipment, for the district. (Acts 70th
670	670	Leg., R.S., Ch. 1017, Sec. 5.06.)
671	671	Sec. 1034.108. EMINENT DOMAIN. (a) The district may
672	672	exercise the power of eminent domain to acquire a fee simple or
673	673	other interest in property located in district territory if the
674	674	interest is necessary to exercise a right or authority conferred by
675	675	this chapter.
676	676	(b) The district must exercise the power of eminent domain
677	677	in the manner provided by Chapter 21, Property Code, except that the
678	678	district is not required to deposit in the trial court money or a
679	679	bond as provided by Section 21.021(a), Property Code.
680	680	(c) In a condemnation proceeding brought by the district,
681	681	the district is not required to:
682	682	(1) pay in advance or provide a bond or other security
683	683	for costs in the trial court;
684	684	(2) provide a bond for the issuance of a temporary
685	685	restraining order or a temporary injunction; or
686	686	(3) provide a bond for costs or a supersedeas bond on
687	687	an appeal or petition for review. (Acts 70th Leg., R.S., Ch. 1017,
688	688	Sec. 5.09.)
689	689	Sec. 1034.109. COST OF RELOCATING OR ALTERING PROPERTY. In
690	690	exercising the power of eminent domain, if the board requires
691	691	relocating, raising, lowering, rerouting, changing the grade, or
692	692	altering the construction of any railroad, highway, pipeline, or
693	693	electric transmission and electric distribution, telegraph, or
694	694	telephone line, conduit, pole, or facility, the district must bear
695	695	the actual cost of relocating, raising, lowering, rerouting,
696	696	changing the grade, or altering the construction to provide
697	697	comparable replacement without enhancement of facilities, after
698	698	deducting the net salvage value derived from the old facility.
699	699	(Acts 70th Leg., R.S., Ch. 1017, Sec. 5.10.)
700	700	Sec. 1034.110. GIFTS AND ENDOWMENTS. The board may accept
701	701	for the district a gift or endowment to be held in trust for any
702	702	purpose and under any direction, limitation, or other provision
703	703	prescribed in writing by the donor that is consistent with the
704	704	proper management of the district. (Acts 70th Leg., R.S., Ch. 1017,
705	705	Sec. 5.14.)
706	706	Sec. 1034.111. CONSTRUCTION CONTRACTS. (a) The board may
707	707	enter into construction contracts for the district.
708	708	(b) The board may enter into a construction contract that
709	709	involves the expenditure of more than the amount provided by
710	710	Section 271.024, Local Government Code, only after competitive
711	711	bidding as provided by Subchapter B, Chapter 271, Local Government
712	712	Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.07(a).)
713	713	Sec. 1034.112. OPERATING AND MANAGEMENT CONTRACTS. The
714	714	board may enter into an operating or management contract relating
715	715	to a hospital facility for the district. (Acts 70th Leg., R.S., Ch.
716	716	1017, Sec. 5.08.)
717	717	Sec. 1034.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
718	718	SERVICES. The board may contract with a political subdivision of
719	719	this state or with a state or federal agency for the district to:
720	720	(1) furnish a mobile emergency medical service; or
721	721	(2) provide for the investigatory or welfare needs of
722	722	district inhabitants. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.13.)
723	723	Sec. 1034.114. PAYMENT FOR TREATMENT; PROCEDURES.
724	724	(a) When an individual who resides in the district is admitted as a
725	725	patient to a district facility, the district administrator may have
726	726	an inquiry made into the financial circumstances of:
727	727	(1) the patient; and
728	728	(2) a relative of the patient legally responsible for
729	729	the patient's support.
730	730	(b) To the extent that the patient or the relative of the
731	731	patient legally responsible for the patient's support cannot pay
732	732	for care and treatment provided by the district, the district shall
733	733	supply the care and treatment without charging the patient or the
734	734	relative.
735	735	(c) On determining that the patient or a relative legally
736	736	responsible for the patient's support can pay for all or part of the
737	737	care and treatment provided by the district, the district
738	738	administrator shall report that determination to the board, and the
739	739	board shall issue an order directing the patient or the relative to
740	740	pay the district a specified amount each week. The amount must be
741	741	based on the individual's ability to pay.
742	742	(d) The district administrator may collect money owed to the
743	743	district from the patient's estate or from the estate of a relative
744	744	legally responsible for the patient's support in the manner
745	745	provided by law for the collection of expenses in the last illness
746	746	of a deceased person.
747	747	(e) If there is a dispute relating to an individual's
748	748	ability to pay or if the district administrator has any doubt
749	749	concerning an individual's ability to pay, the board shall:
750	750	(1) call witnesses;
751	751	(2) hear and resolve the question; and
752	752	(3) issue a final order.
753	753	(f) The final order of the board may be appealed to a
754	754	district court in Hall County. The substantial evidence rule
755	755	applies to the appeal. (Acts 70th Leg., R.S., Ch. 1017, Secs.
756	756	5.11(b), (c), (d), (e), (f).)
757	757	Sec. 1034.115. REIMBURSEMENT FOR SERVICES. (a) The board
758	758	shall require a county, municipality, or public hospital located
759	759	outside the district to reimburse the district for the district's
760	760	care and treatment of a sick or injured person of that county,
761	761	municipality, or public hospital, as provided by Chapter 61, Health
762	762	and Safety Code.
763	763	(b) The board shall require the sheriff of Hall County to
764	764	reimburse the district for the district's care and treatment of a
765	765	person confined in a jail facility of Hall County who is not a
766	766	district resident.
767	767	(c) On behalf of the district, the board may contract with
768	768	the state or federal government for that government to reimburse
769	769	the district for treatment of a sick or injured person. (Acts 70th
770	770	Leg., R.S., Ch. 1017, Sec. 5.12.)
771	771	Sec. 1034.116. AUTHORITY TO SUE AND BE SUED. The board may
772	772	sue and be sued on behalf of the district. (Acts 70th Leg., R.S.,
773	773	Ch. 1017, Sec. 5.15.)
774	774	[Sections 1034.117-1034.150 reserved for expansion]
775	775	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
776	776	Sec. 1034.151. BUDGET. (a) The district administrator
777	777	shall prepare a proposed annual budget for the district.
778	778	(b) The proposed budget must contain a complete financial
779	779	statement, including a statement of:
780	780	(1) the outstanding obligations of the district;
781	781	(2) the amount of cash on hand to the credit of each
782	782	district fund;
783	783	(3) the amount of money received by the district from
784	784	all sources during the previous year;
785	785	(4) the amount of money available to the district from
786	786	all sources during the ensuing year;
787	787	(5) the amount of the balances expected at the end of
788	788	the year in which the budget is being prepared;
789	789	(6) the estimated amount of revenue and balances
790	790	available to cover the proposed budget; and
791	791	(7) the estimated tax rate required. (Acts 70th Leg.,
792	792	R.S., Ch. 1017, Sec. 6.04.)
793	793	Sec. 1034.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
794	794	The board shall hold a public hearing on the proposed annual budget.
795	795	(b) The board shall publish notice of the hearing in a
796	796	newspaper of general circulation in the district not later than the
797	797	10th day before the date of the hearing.
798	798	(c) Any district resident is entitled to be present and
799	799	participate at the hearing.
800	800	(d) At the conclusion of the hearing, the board shall adopt
801	801	a budget by acting on the budget proposed by the district
802	802	administrator. The board may make any changes in the proposed
803	803	budget that the board judges to be in the interests of the
804	804	taxpayers.
805	805	(e) The budget is effective only after adoption by the
806	806	board. (Acts 70th Leg., R.S., Ch. 1017, Sec. 6.05.)
807	807	Sec. 1034.153. AMENDMENTS TO BUDGET. After the annual
808	808	budget is adopted, the budget may be amended on the board's
809	809	approval. (Acts 70th Leg., R.S., Ch. 1017, Sec. 6.06.)
810	810	Sec. 1034.154. RESTRICTION ON EXPENDITURES. Money may be
811	811	spent only for an expense included in the annual budget or an
812	812	amendment to the budget. (Acts 70th Leg., R.S., Ch. 1017, Sec.
813	813	6.07.)
814	814	Sec. 1034.155. FISCAL YEAR. (a) The district operates
815	815	according to a fiscal year established by the board.
816	816	(b) The fiscal year may not be changed:
817	817	(1) during a period that revenue bonds of the district
818	818	are outstanding; or
819	819	(2) more than once in a 24-month period. (Acts 70th
820	820	Leg., R.S., Ch. 1017, Sec. 6.01.)
821	821	Sec. 1034.156. ANNUAL AUDIT. The board annually shall have
822	822	an audit made of the district's financial condition. (Acts 70th
823	823	Leg., R.S., Ch. 1017, Sec. 6.02.)
824	824	Sec. 1034.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
825	825	RECORDS. The annual audit and other district records shall be open
826	826	to inspection during regular business hours at the district's
827	827	principal office. (Acts 70th Leg., R.S., Ch. 1017, Sec. 6.03.)
828	828	Sec. 1034.158. FINANCIAL REPORT. As soon as practicable
829	829	after the close of the fiscal year, the district administrator
830	830	shall prepare for the board:
831	831	(1) a sworn statement of the amount of district money;
832	832	and
833	833	(2) an account of the disbursements of that money.
834	834	(Acts 70th Leg., R.S., Ch. 1017, Sec. 6.08.)
835	835	Sec. 1034.159. DEPOSITORY. (a) The board shall select at
836	836	least one bank to serve as a depository for district money.
837	837	(b) District money, other than money invested as provided by
838	838	Section 1034.160(b) and money transmitted to a bank for payment of
839	839	bonds or obligations issued or assumed by the district, shall be
840	840	deposited as received with the depository bank and shall remain on
841	841	deposit. This subsection does not limit the power of the board to:
842	842	(1) place a part of district money on time deposit; or
843	843	(2) purchase certificates of deposit. (Acts 70th
844	844	Leg., R.S., Ch. 1017, Secs. 6.10(a), (b).)
845	845	Sec. 1034.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
846	846	Except as provided by Sections 1034.111, 1034.201, 1034.204, and
847	847	1034.205, the district may not incur a debt payable from district
848	848	revenue other than the revenue on hand or to be on hand in the
849	849	current and immediately following district fiscal years.
850	850	(b) The board may invest operating, depreciation, or
851	851	building reserves only in funds or securities specified by Chapter
852	852	2256, Government Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. 6.09.)
853	853	[Sections 1034.161-1034.200 reserved for expansion]
854	854	SUBCHAPTER E. BONDS
855	855	Sec. 1034.201. GENERAL OBLIGATION BONDS. If authorized by
856	856	an election, the board may issue and sell general obligation bonds
857	857	in the name and on the faith and credit of the district to:
858	858	(1) purchase, construct, acquire, repair, or renovate
859	859	buildings or improvements;
860	860	(2) equip buildings or improvements for hospital
861	861	purposes; or
862	862	(3) acquire and operate a mobile emergency medical
863	863	service. (Acts 70th Leg., R.S., Ch. 1017, Sec. 7.01.)
864	864	Sec. 1034.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
865	865	the time general obligation bonds are issued by the district, the
866	866	board shall impose an ad valorem tax at a rate sufficient to create
867	867	an interest and sinking fund to pay the principal of and interest on
868	868	the bonds as the bonds mature.
869	869	(b) The tax required by this section together with any other
870	870	ad valorem tax the district imposes may not in any year exceed the
871	871	limit approved by the voters at the election authorizing the
872	872	imposition of the tax. (Acts 70th Leg., R.S., Ch. 1017, Sec. 7.02.)
873	873	Sec. 1034.203. GENERAL OBLIGATION BOND ELECTION. (a) The
874	874	district may issue general obligation bonds only if the bonds are
875	875	authorized by a majority of the district voters voting at an
876	876	election held for that purpose.
877	877	(b) The board may order a bond election.
878	878	(c) The order calling the election must specify:
879	879	(1) the nature and date of the election;
880	880	(2) the hours during which the polls will be open;
881	881	(3) the location of the polling places;
882	882	(4) the amount of the bonds to be authorized; and
883	883	(5) the maximum maturity of the bonds.
884	884	(d) Notice of a bond election shall be given as provided by
885	885	Section 1251.003, Government Code.
886	886	(e) The board shall declare the results of the election.
887	887	(Acts 70th Leg., R.S., Ch. 1017, Sec. 7.03.)
888	888	Sec. 1034.204. REVENUE BONDS. (a) The board may issue
889	889	revenue bonds to:
890	890	(1) purchase, construct, acquire, repair, renovate,
891	891	or equip buildings or improvements for hospital purposes;
892	892	(2) acquire sites to be used for hospital purposes; or
893	893	(3) acquire and operate a mobile emergency medical
894	894	service to assist the district in carrying out its hospital
895	895	purposes.
896	896	(b) The bonds must be payable from and secured by a pledge of
897	897	all or part of the revenue derived from the operation of the
898	898	district's hospital system.
899	899	(c) The bonds may be additionally secured by a mortgage or
900	900	deed of trust lien on all or part of district property.
901	901	(d) The bonds must be issued in the manner provided by
902	902	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
903	903	Health and Safety Code, for issuance of revenue bonds by a county
904	904	hospital authority. (Acts 70th Leg., R.S., Ch. 1017, Sec. 7.04.)
905	905	Sec. 1034.205. REFUNDING BONDS. (a) The board may issue
906	906	refunding bonds to refund outstanding indebtedness issued or
907	907	assumed by the district.
908	908	(b) Refunding bonds may be:
909	909	(1) sold, with the proceeds of the refunding bonds
910	910	applied to the payment of outstanding indebtedness; or
911	911	(2) exchanged wholly or partly for not less than a
912	912	similar principal amount of outstanding indebtedness. (Acts 70th
913	913	Leg., R.S., Ch. 1017, Secs. 7.05(a), (c) (part).)
914	914	Sec. 1034.206. MATURITY OF BONDS. District bonds must
915	915	mature not later than 50 years after the date of issuance. (Acts
916	916	70th Leg., R.S., Ch. 1017, Sec. 7.06 (part).)
917	917	Sec. 1034.207. EXECUTION OF BONDS. The board president
918	918	shall execute district bonds in the district's name, and the board
919	919	secretary shall countersign the bonds in the manner provided by
920	920	Chapter 618, Government Code. (Acts 70th Leg., R.S., Ch. 1017, Sec.
921	921	7.07.)
922	922	Sec. 1034.208. BONDS EXEMPT FROM TAXATION. The following
923	923	are exempt from taxation by this state or by a political subdivision
924	924	of this state:
925	925	(1) bonds issued by the district;
926	926	(2) any transaction relating to the bonds; and
927	927	(3) profits made in the sale of the bonds. (Acts 70th
928	928	Leg., R.S., Ch. 1017, Sec. 7.11 (part).)
929	929	[Sections 1034.209-1034.250 reserved for expansion]
930	930	SUBCHAPTER F. TAXES
931	931	Sec. 1034.251. IMPOSITION OF AD VALOREM TAX. (a) The board
932	932	may impose a tax on all property in the district subject to district
933	933	taxation.
934	934	(b) The tax may be used to pay:
935	935	(1) indebtedness issued or assumed by the district;
936	936	and
937	937	(2) district maintenance and operating expenses.
938	938	(c) The district may not impose a tax to pay the principal of
939	939	or interest on revenue bonds issued under this chapter. (Acts 70th
940	940	Leg., R.S., Ch. 1017, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
941	941	Sec. 1034.252. TAX RATE. (a) The board may impose the tax
942	942	at a rate not to exceed the limit approved by the voters at the
943	943	election authorizing the imposition of the tax.
944	944	(b) Unless the rate is increased as provided by Section
945	945	1034.253, the tax rate for all purposes may not exceed 20 cents on
946	946	each $100 valuation of all taxable property in the district.
947	947	(c) In setting the tax rate, the board shall consider the
948	948	income of the district from sources other than taxation. (Acts 70th
949	949	Leg., R.S., Ch. 1017, Secs. 8.01(a) (part), (b), 8.03 (part).)
950	950	Sec. 1034.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a)
951	951	The board may order an election to increase the district's maximum
952	952	tax rate to 75 cents on each $100 valuation of taxable property in
953	953	the district. The board shall order the election if the board
954	954	receives a petition requesting an election that is signed by at
955	955	least 50 qualified voters in the district.
956	956	(b) The ballot for the election shall be printed to permit
957	957	voting for or against the proposition: "The imposition of annual
958	958	taxes by the district for hospital purposes at a rate not to exceed
959	959	75 cents on the $100 valuation of all taxable property in the
960	960	district."
961	961	(c) If the board finds that the election results favor the
962	962	proposition, the board may impose taxes as authorized by the
963	963	proposition. If the board finds that the election results do not
964	964	favor the proposition, another election on the question of
965	965	increasing the district's maximum tax rate may not be held before
966	966	the first anniversary of the date of the most recent election at
967	967	which voters disapproved the proposition.
968	968	(d) Section 41.001(a), Election Code, does not apply to an
969	969	election ordered under this section. (Acts 70th Leg., R.S., Ch.
970	970	1017, Secs. 8.01A(a), (b) (part), (c) (part), (d) (part).)
971	971	Sec. 1034.254. TAX ASSESSOR-COLLECTOR. The board may
972	972	provide for the appointment of a tax assessor-collector for the
973	973	district or may contract for the assessment and collection of taxes
974	974	as provided by the Tax Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. 8.04(b).)
975	975	CHAPTER 1058. MCCAMEY COUNTY HOSPITAL DISTRICT
976	976	SUBCHAPTER A. GENERAL PROVISIONS
977	977	Sec. 1058.001. DEFINITIONS
978	978	Sec. 1058.002. AUTHORITY FOR CREATION
979	979	Sec. 1058.003. POLITICAL SUBDIVISION
980	980	Sec. 1058.004. DISTRICT TERRITORY
981	981	Sec. 1058.005. CONSOLIDATION OF DISTRICT AND RANKIN
982	982	COUNTY HOSPITAL DISTRICT
983	983	[Sections 1058.006-1058.050 reserved for expansion]
984	984	SUBCHAPTER B. DISTRICT ADMINISTRATION
985	985	Sec. 1058.051. BOARD ELECTION; TERM
986	986	Sec. 1058.052. NOTICE OF ELECTION
987	987	Sec. 1058.053. QUALIFICATIONS FOR OFFICE
988	988	Sec. 1058.054. BOND; RECORD OF BOND AND OATH
989	989	Sec. 1058.055. BOARD VACANCY
990	990	Sec. 1058.056. OFFICERS
991	991	Sec. 1058.057. VOTING REQUIREMENT
992	992	Sec. 1058.058. RECORDS OF PROCEEDINGS
993	993	Sec. 1058.059. DISTRICT ADMINISTRATOR
994	994	Sec. 1058.060. GENERAL DUTIES OF DISTRICT
995	995	ADMINISTRATOR
996	996	Sec. 1058.061. ASSISTANT TO DISTRICT ADMINISTRATOR
997	997	Sec. 1058.062. LEGAL COUNSEL
998	998	Sec. 1058.063. RETIREMENT PROGRAM
999	999	Sec. 1058.064. MAINTENANCE OF RECORDS; PUBLIC
1000	1000	INSPECTION
1001	1001	Sec. 1058.065. SEAL
1002	1002	[Sections 1058.066-1058.100 reserved for expansion]
1003	1003	SUBCHAPTER C. POWERS AND DUTIES
1004	1004	Sec. 1058.101. DISTRICT RESPONSIBILITY
1005	1005	Sec. 1058.102. RESTRICTION ON COUNTY OR MUNICIPAL
1006	1006	TAXATION
1007	1007	Sec. 1058.103. MANAGEMENT AND CONTROL OF DISTRICT
1008	1008	Sec. 1058.104. EMINENT DOMAIN
1009	1009	Sec. 1058.105. GIFTS AND ENDOWMENTS
1010	1010	Sec. 1058.106. AWARD OF CERTAIN CONTRACTS
1011	1011	Sec. 1058.107. CONTRACTS WITH GOVERNMENTAL ENTITIES
1012	1012	FOR CARE AND TREATMENT
1013	1013	Sec. 1058.108. PAYMENT FOR TREATMENT; PROCEDURES
1014	1014	Sec. 1058.109. AUTHORITY TO SUE AND BE SUED
1015	1015	[Sections 1058.110-1058.150 reserved for expansion]
1016	1016	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1017	1017	Sec. 1058.151. BUDGET
1018	1018	Sec. 1058.152. PROPOSED BUDGET: NOTICE AND HEARING
1019	1019	Sec. 1058.153. FISCAL YEAR
1020	1020	Sec. 1058.154. ANNUAL AUDIT
1021	1021	Sec. 1058.155. FINANCIAL REPORT
1022	1022	Sec. 1058.156. DEPOSITORY
1023	1023	[Sections 1058.157-1058.200 reserved for expansion]
1024	1024	SUBCHAPTER E. BONDS
1025	1025	Sec. 1058.201. GENERAL OBLIGATION BONDS
1026	1026	Sec. 1058.202. TAX TO PAY GENERAL OBLIGATION BONDS
1027	1027	Sec. 1058.203. GENERAL OBLIGATION BOND ELECTION
1028	1028	Sec. 1058.204. MATURITY OF GENERAL OBLIGATION BONDS
1029	1029	Sec. 1058.205. EXECUTION OF GENERAL OBLIGATION BONDS
1030	1030	[Sections 1058.206-1058.250 reserved for expansion]
1031	1031	SUBCHAPTER F. TAXES
1032	1032	Sec. 1058.251. IMPOSITION OF AD VALOREM TAX
1033	1033	Sec. 1058.252. TAX RATE
1034	1034	Sec. 1058.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
1035	1035	ASSESSOR-COLLECTOR
1036	1036	Sec. 1058.254. ELECTION FOR SEPARATE TAX ASSESSOR AND
1037	1037	TAX COLLECTOR
1038	1038	Sec. 1058.255. APPOINTMENT OF SEPARATE TAX ASSESSOR
1039	1039	AND COLLECTOR
1040	1040	CHAPTER 1058. MCCAMEY COUNTY HOSPITAL DISTRICT
1041	1041	SUBCHAPTER A. GENERAL PROVISIONS
1042	1042	Sec. 1058.001. DEFINITIONS. In this chapter:
1043	1043	(1) "Board" means the board of directors of the
1044	1044	district.
1045	1045	(2) "Director" means a member of the board.
1046	1046	(3) "District" means the McCamey County Hospital
1047	1047	District. (New.)
1048	1048	Sec. 1058.002. AUTHORITY FOR CREATION. The McCamey County
1049	1049	Hospital District is created under the authority of Section 9,
1050	1050	Article IX, Texas Constitution, and has the rights, powers, and
1051	1051	duties provided by this chapter. (Acts 60th Leg., R.S., Ch. 183,
1052	1052	Sec. 1 (part).)
1053	1053	Sec. 1058.003. POLITICAL SUBDIVISION. The district is a
1054	1054	political subdivision of this state. (Acts 60th Leg., R.S., Ch.
1055	1055	183, Sec. 21 (part).)
1056	1056	Sec. 1058.004. DISTRICT TERRITORY. The boundaries of the
1057	1057	district are coextensive with the boundaries of the McCamey
1058	1058	Independent School District, as those boundaries existed on January
1059	1059	1, 1967. (Acts 60th Leg., R.S., Ch. 183, Sec. 1 (part).)
1060	1060	Sec. 1058.005. CONSOLIDATION OF DISTRICT AND RANKIN COUNTY
1061	1061	HOSPITAL DISTRICT. (a) The McCamey County Hospital District may be
1062	1062	consolidated into the Rankin County Hospital District as provided
1063	1063	by this section.
1064	1064	(b) On the request of 25 percent or more of the qualified
1065	1065	taxpaying voters of each hospital district, the commissioners court
1066	1066	of Upton County shall submit the consolidation proposal for vote.
1067	1067	(c) Consolidation of the district and the Rankin County
1068	1068	Hospital District must be separately approved by a two-thirds
1069	1069	majority of the voters voting in each hospital district at an
1070	1070	election ordered and held for that purpose.
1071	1071	(d) At the consolidation election, five directors shall be
1072	1072	elected to serve the consolidated district.
1073	1073	(e) Not more than one consolidation election may be held
1074	1074	after each general election.
1075	1075	(f) Refunding bonds may be issued by the consolidated
1076	1076	district to refund any outstanding bonds, including bonds issued by
1077	1077	the district on consolidation, original bonds, and refunding bonds.
1078	1078	Additional funding may be provided as authorized by this chapter.
1079	1079	(Acts 60th Leg., R.S., Ch. 183, Sec. 18.)
1080	1080	[Sections 1058.006-1058.050 reserved for expansion]
1081	1081	SUBCHAPTER B. DISTRICT ADMINISTRATION
1082	1082	Sec. 1058.051. BOARD ELECTION; TERM. (a) The board
1083	1083	consists of five directors elected by the district voters.
1084	1084	(b) Unless four-year terms are established under Section
1085	1085	285.081, Health and Safety Code, directors serve staggered two-year
1086	1086	terms with the terms of two or three directors expiring each year as
1087	1087	appropriate. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).)
1088	1088	Sec. 1058.052. NOTICE OF ELECTION. At least 30 days before
1089	1089	the date of a directors' election, notice of the election must be
1090	1090	published one time in a newspaper of general circulation in Upton
1091	1091	County. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).)
1092	1092	Sec. 1058.053. QUALIFICATIONS FOR OFFICE. (a) To qualify
1093	1093	for election to the board, a person must:
1094	1094	(1) be at least 18 years of age;
1095	1095	(2) have been a resident of the district for at least
1096	1096	two years;
1097	1097	(3) be a qualified voter; and
1098	1098	(4) own taxable property in the district and have duly
1099	1099	rendered that property for taxation.
1100	1100	(b) An elective or appointed officer of this state or a
1101	1101	political subdivision, including Upton County, is not qualified for
1102	1102	election to the board. (Acts 60th Leg., R.S., Ch. 183, Sec. 3
1103	1103	(part).)
1104	1104	Sec. 1058.054. BOND; RECORD OF BOND AND OATH. (a) Each
1105	1105	director shall qualify by executing a good and sufficient
1106	1106	commercial bond for $1,000 that is:
1107	1107	(1) payable to the district; and
1108	1108	(2) conditioned on the faithful performance of the
1109	1109	director's duties.
1110	1110	(b) The district shall pay for a director's bond.
1111	1111	(c) Each director's bond and constitutional oath of office
1112	1112	must be deposited with the district's depository bank for
1113	1113	safekeeping. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).)
1114	1114	Sec. 1058.055. BOARD VACANCY. (a) The remaining directors
1115	1115	by appointment shall fill a vacancy in the office of director.
1116	1116	(b) An appointed replacement serves until the next election
1117	1117	for directors. An elected director serves only for the remainder of
1118	1118	the unexpired term. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).)
1119	1119	Sec. 1058.056. OFFICERS. (a) The board shall elect a
1120	1120	presiding officer.
1121	1121	(b) A presiding officer pro tem shall preside in the absence
1122	1122	of the presiding officer.
1123	1123	(c) The district administrator or any director may be
1124	1124	appointed secretary. (Acts 60th Leg., R.S., Ch. 183, Sec. 3
1125	1125	(part).)
1126	1126	Sec. 1058.057. VOTING REQUIREMENT. A concurrence of three
1127	1127	directors is sufficient in any matter relating to district
1128	1128	business. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).)
1129	1129	Sec. 1058.058. RECORDS OF PROCEEDINGS. (a) The board shall
1130	1130	require the board secretary to keep suitable records of all
1131	1131	proceedings of each board meeting.
1132	1132	(b) After each meeting:
1133	1133	(1) the member presiding at the meeting shall read and
1134	1134	sign the record; and
1135	1135	(2) the board secretary shall attest the record.
1136	1136	(Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).)
1137	1137	Sec. 1058.059. DISTRICT ADMINISTRATOR. (a) The board
1138	1138	shall appoint a general manager to be known as the district
1139	1139	administrator.
1140	1140	(b) The district administrator must be a qualified
1141	1141	practitioner of medicine or be specifically trained for work of
1142	1142	that type. The district administrator may not be a director.
1143	1143	(c) The district administrator receives the compensation
1144	1144	determined by the board.
1145	1145	(d) The district administrator serves at the pleasure of the
1146	1146	board, and the board may remove the district administrator at any
1147	1147	time.
1148	1148	(e) Before assuming the duties of district administrator,
1149	1149	the administrator must execute a bond payable to the district in an
1150	1150	amount of not less than $10,000 that:
1151	1151	(1) is conditioned on the administrator performing
1152	1152	well and faithfully the administrator's required duties; and
1153	1153	(2) contains any other condition the board requires.
1154	1154	(Acts 60th Leg., R.S., Ch. 183, Sec. 4 (part).)
1155	1155	Sec. 1058.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
1156	1156	Subject to any limitations prescribed by the board, the district
1157	1157	administrator shall:
1158	1158	(1) perform the duties required by the board;
1159	1159	(2) supervise the work and activities of the district;
1160	1160	and
1161	1161	(3) direct the affairs of the district. (Acts 60th
1162	1162	Leg., R.S., Ch. 183, Sec. 4 (part).)
1163	1163	Sec. 1058.061. ASSISTANT TO DISTRICT ADMINISTRATOR. (a)
1164	1164	The board may designate an assistant to the district administrator
1165	1165	to discharge a duty or function of the administrator in the event of
1166	1166	the administrator's incapacity, absence, or inability to discharge
1167	1167	the duty or function.
1168	1168	(b) The assistant shall post the bond required by board
1169	1169	order.
1170	1170	(c) The assistant is subject to any limitations prescribed
1171	1171	by board order. (Acts 60th Leg., R.S., Ch. 183, Sec. 5.)
1172	1172	Sec. 1058.062. LEGAL COUNSEL. The board may employ legal
1173	1173	counsel to represent the district in all legal matters. (Acts 60th
1174	1174	Leg., R.S., Ch. 183, Sec. 20.)
1175	1175	Sec. 1058.063. RETIREMENT PROGRAM. (a) With the approval
1176	1176	of the commissioners court of Upton County, the board may contract
1177	1177	with this state or the federal government as necessary to establish
1178	1178	or continue a retirement program for the benefit of district
1179	1179	employees.
1180	1180	(b) The board may establish other retirement programs for
1181	1181	the benefit of district employees as it considers necessary and
1182	1182	advisable. (Acts 60th Leg., R.S., Ch. 183, Sec. 4 (part).)
1183	1183	Sec. 1058.064. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
1184	1184	All district records, including books, accounts, notices, and
1185	1185	minutes, and all other matters of the district and the operation of
1186	1186	its facilities shall be:
1187	1187	(1) maintained at the district office; and
1188	1188	(2) open to public inspection at the district office
1189	1189	at all reasonable hours. (Acts 60th Leg., R.S., Ch. 183, Sec. 9
1190	1190	(part).)
1191	1191	Sec. 1058.065. SEAL. The board shall have a seal engraved
1192	1192	with the district's name to authenticate the board's acts. The
1193	1193	board secretary shall keep the seal. (Acts 60th Leg., R.S., Ch.
1194	1194	183, Sec. 3 (part).)
1195	1195	[Sections 1058.066-1058.100 reserved for expansion]
1196	1196	SUBCHAPTER C. POWERS AND DUTIES
1197	1197	Sec. 1058.101. DISTRICT RESPONSIBILITY. The district has
1198	1198	full responsibility for providing medical and hospital care for the
1199	1199	district's needy and indigent residents. (Acts 60th Leg., R.S.,
1200	1200	Ch. 183, Sec. 11 (part).)
1201	1201	Sec. 1058.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION.
1202	1202	Any part of a county or a municipality, any part of which is in the
1203	1203	district, may not impose a tax for hospital purposes. (Acts 60th
1204	1204	Leg., R.S., Ch. 183, Sec. 11 (part).)
1205	1205	Sec. 1058.103. MANAGEMENT AND CONTROL OF DISTRICT. The
1206	1206	management and control of the district is vested in the board.
1207	1207	(Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).)
1208	1208	Sec. 1058.104. EMINENT DOMAIN. (a) The district may
1209	1209	exercise the power of eminent domain to acquire a fee simple or
1210	1210	other interest in any type of property, real, personal, or mixed,
1211	1211	located in district territory if the interest is necessary or
1212	1212	convenient to exercise a right, power, privilege, or function
1213	1213	conferred on the district by this chapter.
1214	1214	(b) The district must exercise the power of eminent domain
1215	1215	in the manner provided by Chapter 21, Property Code, except the
1216	1216	district is not required to deposit in the trial court money or a
1217	1217	bond as provided by Section 21.021(a), Property Code.
1218	1218	(c) In a condemnation proceeding brought by the district,
1219	1219	the district is not required to:
1220	1220	(1) pay in advance or provide a bond otherwise
1221	1221	required for the issuance of a temporary restraining order or a
1222	1222	temporary injunction; or
1223	1223	(2) provide a bond for costs or a supersedeas bond on
1224	1224	an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 183,
1225	1225	Sec. 17.)
1226	1226	Sec. 1058.105. GIFTS AND ENDOWMENTS. The board may accept
1227	1227	for the district a gift or endowment to be held in trust and
1228	1228	administered by the board for the purposes and under any
1229	1229	directions, limitations, or other provisions prescribed in writing
1230	1230	by the donor that are not inconsistent with the proper management
1231	1231	and objectives of the district. (Acts 60th Leg., R.S., Ch. 183,
1232	1232	Sec. 16.)
1233	1233	Sec. 1058.106. AWARD OF CERTAIN CONTRACTS. (a) The board,
1234	1234	on behalf of the district, may enter into a contract that exceeds
1235	1235	$2,000 only with the lowest qualified bidder.
1236	1236	(b) Before awarding a contract under this section, notice
1237	1237	must be given by:
1238	1238	(1) advertising in one or more newspapers of general
1239	1239	circulation in this state, once a week for four weeks; and
1240	1240	(2) posting a notice for at least 25 days at four
1241	1241	public places in Upton County, including:
1242	1242	(A) at the courthouse door; and
1243	1243	(B) in at least two other places in the district.
1244	1244	(c) On application by a person who wants to bid on the
1245	1245	contract, the board shall provide to the person:
1246	1246	(1) a copy of the plans and specifications; or
1247	1247	(2) other data necessary to make the bid.
1248	1248	(d) A bid under this section must be in writing, sealed, and
1249	1249	delivered to the presiding officer of the board together with a
1250	1250	certified check for at least five percent of the total amount of the
1251	1251	bid.
1252	1252	(e) If the bidder's bid is accepted but the bidder refuses a
1253	1253	proper contract with the board, the certified check required by
1254	1254	Subsection (d) is forfeited to the district.
1255	1255	(f) The board may reject a bid under this section that the
1256	1256	board considers too high. (Acts 60th Leg., R.S., Ch. 183, Sec. 13
1257	1257	(part).)
1258	1258	Sec. 1058.107. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
1259	1259	CARE AND TREATMENT. With the approval of the commissioners court
1260	1260	of Upton County, the board may contract with:
1261	1261	(1) a county other than Upton County for the care and
1262	1262	treatment of sick or injured persons of that county; and
1263	1263	(2) this state or a federal agency for the care and
1264	1264	treatment of a sick or injured person for whom this state or the
1265	1265	federal government is responsible. (Acts 60th Leg., R.S., Ch. 183,
1266	1266	Sec. 4 (part).)
1267	1267	Sec. 1058.108. PAYMENT FOR TREATMENT; PROCEDURES. (a) When
1268	1268	a patient from the district is admitted to a district facility, the
1269	1269	district administrator shall have an inquiry made into the
1270	1270	circumstances of:
1271	1271	(1) the patient; and
1272	1272	(2) the patient's relatives legally liable for the
1273	1273	patient's support.
1274	1274	(b) If the district administrator determines that the
1275	1275	patient or those relatives cannot pay for all or part of the
1276	1276	patient's care and treatment in the hospital, the expense of that
1277	1277	care becomes a charge against the district.
1278	1278	(c) If the district administrator determines that the
1279	1279	patient or those relatives are liable to pay for all or part of the
1280	1280	patient's care and treatment, the patient or those relatives shall
1281	1281	be ordered to pay the district's treasurer a specified amount each
1282	1282	week for the patient's support. The amount ordered must be
1283	1283	proportionate to the financial ability and may not exceed the
1284	1284	actual per capita cost of maintenance.
1285	1285	(d) The district administrator may collect the amount from
1286	1286	the patient's estate, or from those relatives legally liable for
1287	1287	the patient's support, in the manner provided by law for the
1288	1288	collection of expenses of the last illness of a deceased person.
1289	1289	(e) If there is a dispute, or a doubt in the district
1290	1290	administrator's mind, as to the ability to pay, the board shall hold
1291	1291	a hearing and, after calling witnesses, shall:
1292	1292	(1) resolve the dispute or doubt; and
1293	1293	(2) issue any appropriate order.
1294	1294	(f) Either party to the dispute may appeal the district's
1295	1295	order to the district court. The appeal is by trial de novo as that
1296	1296	term is used in appeals from the justice courts to the county
1297	1297	courts. (Acts 60th Leg., R.S., Ch. 183, Sec. 15.)
1298	1298	Sec. 1058.109. AUTHORITY TO SUE AND BE SUED. As a
1299	1299	governmental agency, the district may sue and be sued in the
1300	1300	district's own name in any court of this state. (Acts 60th Leg.,
1301	1301	R.S., Ch. 183, Sec. 21 (part).)
1302	1302	[Sections 1058.110-1058.150 reserved for expansion]
1303	1303	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1304	1304	Sec. 1058.151. BUDGET. The board annually shall require a
1305	1305	budget to be prepared for the next fiscal year that includes:
1306	1306	(1) proposed expenditures and disbursements;
1307	1307	(2) estimated receipts and collections; and
1308	1308	(3) the amount of taxes required to be imposed for the
1309	1309	year. (Acts 60th Leg., R.S., Ch. 183, Sec. 9 (part).)
1310	1310	Sec. 1058.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
1311	1311	The board shall hold a public hearing on the proposed budget.
1312	1312	(b) Notice of the hearing must be published at least once in
1313	1313	a newspaper of general circulation in Upton County not later than
1314	1314	the 10th day before the date of the hearing.
1315	1315	(c) Any district taxpayer is entitled to:
1316	1316	(1) appear at the time and place designated in the
1317	1317	notice; and
1318	1318	(2) be heard regarding any item included in the
1319	1319	proposed budget. (Acts 60th Leg., R.S., Ch. 183, Sec. 9 (part).)
1320	1320	Sec. 1058.153. FISCAL YEAR. The district's fiscal year
1321	1321	begins on October 1 and ends on September 30. (Acts 60th Leg.,
1322	1322	R.S., Ch. 183, Sec. 9 (part).)
1323	1323	Sec. 1058.154. ANNUAL AUDIT. (a) The board annually shall
1324	1324	have an independent audit made of the district's books and records
1325	1325	for the preceding fiscal year.
1326	1326	(b) Not later than December 31 of each year, the audit shall
1327	1327	be filed:
1328	1328	(1) with the county clerk of Upton County; and
1329	1329	(2) at the district office. (Acts 60th Leg., R.S., Ch.
1330	1330	183, Sec. 9 (part).)
1331	1331	Sec. 1058.155. FINANCIAL REPORT. (a) The board and the
1332	1332	district administrator shall annually prepare a report under oath
1333	1333	that includes:
1334	1334	(1) a complete statement of:
1335	1335	(A) all money and choses in action; and
1336	1336	(B) how the money and choses in action were
1337	1337	disbursed or otherwise disposed;
1338	1338	(2) the details of district operation during the
1339	1339	preceding fiscal year; and
1340	1340	(3) a full and complete list of all delinquent
1341	1341	accounts owing and due the district, including names and addresses
1342	1342	of delinquent debtors.
1343	1343	(b) The report shall be filed in:
1344	1344	(1) the district office; and
1345	1345	(2) the office of the county clerk of Upton County.
1346	1346	(Acts 60th Leg., R.S., Ch. 183, Sec. 9 (part).)
1347	1347	Sec. 1058.156. DEPOSITORY. (a) The board shall designate
1348	1348	one or more banks in the district to serve as a depository for
1349	1349	district money.
1350	1350	(b) All district money shall be immediately deposited on
1351	1351	receipt with a depository bank, except that sufficient money must
1352	1352	be remitted to an appropriate bank to pay the principal of and
1353	1353	interest on the district's outstanding bonds, or other obligations
1354	1354	assumed by the district, on or before the maturity date of the
1355	1355	principal and interest.
1356	1356	(c) To the extent that money in a depository bank is not
1357	1357	insured by the Federal Deposit Insurance Corporation, the money
1358	1358	must be secured in the manner provided by law for the security of
1359	1359	county funds.
1360	1360	(d) Membership on the district's board of an officer or
1361	1361	director of a bank does not disqualify that bank from being
1362	1362	designated as depository. (Acts 60th Leg., R.S., Ch. 183, Secs. 6
1363	1363	(part), 10.)
1364	1364	[Sections 1058.157-1058.200 reserved for expansion]
1365	1365	SUBCHAPTER E. BONDS
1366	1366	Sec. 1058.201. GENERAL OBLIGATION BONDS. The board may
1367	1367	issue and sell general obligation bonds in the name and on the faith
1368	1368	and credit of the district for any purpose relating to the purchase,
1369	1369	construction, acquisition, repair, or renovation of buildings or
1370	1370	improvements and equipping buildings or improvements for hospital
1371	1371	purposes. (Acts 60th Leg., R.S., Ch. 183, Sec. 7 (part).)
1372	1372	Sec. 1058.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a)
1373	1373	The board shall impose an ad valorem tax at a rate sufficient to
1374	1374	create an interest and sinking fund to pay the principal of and
1375	1375	interest on general obligation bonds issued under Section 1058.201
1376	1376	as the bonds mature.
1377	1377	(b) The tax required by this section together with any other
1378	1378	ad valorem tax imposed for the district may not in any year exceed
1379	1379	75 cents on each $100 valuation of all taxable property in the
1380	1380	district. (Acts 60th Leg., R.S., Ch. 183, Secs. 6 (part), 7
1381	1381	(part).)
1382	1382	Sec. 1058.203. GENERAL OBLIGATION BOND ELECTION. (a) The
1383	1383	district may issue general obligation bonds only if the bonds are
1384	1384	authorized by a majority of the district voters voting at an
1385	1385	election held for that purpose.
1386	1386	(b) The board may order a bond election on its own motion.
1387	1387	(c) The order must specify:
1388	1388	(1) the location of the polling places;
1389	1389	(2) the presiding election officers;
1390	1390	(3) the purpose for which the bonds are to be issued;
1391	1391	(4) the amount of the bonds;
1392	1392	(5) the maximum interest rate of the bonds; and
1393	1393	(6) the maximum maturity date of the bonds.
1394	1394	(d) Notice of a bond election shall be given by publishing a
1395	1395	substantial copy of the order in a newspaper of general circulation
1396	1396	in the district once each week for two consecutive weeks before the
1397	1397	date of the election. The first publication must occur at least 20
1398	1398	days before the date set for the election. (Acts 60th Leg., R.S.,
1399	1399	Ch. 183, Sec. 7 (part).)
1400	1400	Sec. 1058.204. MATURITY OF GENERAL OBLIGATION BONDS.
1401	1401	District general obligation bonds must mature not later than 40
1402	1402	years after the date of issuance. (Acts 60th Leg., R.S., Ch. 183,
1403	1403	Sec. 7 (part).)
1404	1404	Sec. 1058.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
1405	1405	The board's presiding officer shall execute the general obligation
1406	1406	bonds in the district's name.
1407	1407	(b) The board secretary shall countersign the bonds. (Acts
1408	1408	60th Leg., R.S., Ch. 183, Sec. 7 (part).)
1409	1409	[Sections 1058.206-1058.250 reserved for expansion]
1410	1410	SUBCHAPTER F. TAXES
1411	1411	Sec. 1058.251. IMPOSITION OF AD VALOREM TAX. (a) On final
1412	1412	approval of the budget, the board shall impose a tax on all taxable
1413	1413	property in the district subject to district taxation.
1414	1414	(b) The board shall impose the tax to:
1415	1415	(1) pay the interest on and create a sinking fund for
1416	1416	bonds issued or assumed by the district for hospital purposes as
1417	1417	provided by this chapter;
1418	1418	(2) provide for the maintenance and operation of the
1419	1419	hospital or hospital system;
1420	1420	(3) make improvements and additions to the district's
1421	1421	hospital system; and
1422	1422	(4) acquire necessary sites for the hospital system by
1423	1423	purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 183,
1424	1424	Secs. 6 (part), 9 (part).)
1425	1425	Sec. 1058.252. TAX RATE. The board shall impose the tax at
1426	1426	a rate not to exceed 75 cents on each $100 valuation of all taxable
1427	1427	property in the district. (Acts 60th Leg., R.S., Ch. 183, Secs. 2
1428	1428	(part), 6 (part).)
1429	1429	Sec. 1058.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
1430	1430	ASSESSOR-COLLECTOR. Unless an election is held under Section
1431	1431	1058.254, the tax assessor-collector of Upton County shall assess
1432	1432	and collect taxes imposed by the district. (Acts 60th Leg., R.S.,
1433	1433	Ch. 183, Secs. 6 (part), 9 (part).)
1434	1434	Sec. 1058.254. ELECTION FOR SEPARATE TAX ASSESSOR AND TAX
1435	1435	COLLECTOR. (a) On receipt of a petition signed by a number of
1436	1436	district voters equal to at least five percent of the taxpaying
1437	1437	voters of the district, the court may order an election to determine
1438	1438	whether the district shall have a separate tax assessor and tax
1439	1439	collector for the assessment and collection of district taxes.
1440	1440	(b) Notice of the election shall be given as required by
1441	1441	Section 1058.052. (Acts 60th Leg., R.S., Ch. 183, Sec. 19 (part).)
1442	1442	Sec. 1058.255. APPOINTMENT OF SEPARATE TAX ASSESSOR AND
1443	1443	COLLECTOR. If the appointment of a separate tax assessor and
1444	1444	separate tax collector is approved by a two-thirds majority vote of
1445	1445	the district voters voting at an election held under Section
1446	1446	1058.254, the board shall appoint:
1447	1447	(1) a suitable person as tax assessor; and
1448	1448	(2) a suitable person as tax collector. (Acts 60th Leg., R.S., Ch. 183, Sec. 19 (part).)
1449	1449	CHAPTER 1069. NACOGDOCHES COUNTY HOSPITAL DISTRICT
1450	1450	SUBCHAPTER A. GENERAL PROVISIONS
1451	1451	Sec. 1069.001. DEFINITIONS
1452	1452	Sec. 1069.002. AUTHORITY FOR OPERATION
1453	1453	Sec. 1069.003. ESSENTIAL PUBLIC FUNCTION
1454	1454	Sec. 1069.004. DISTRICT TERRITORY
1455	1455	Sec. 1069.005. DISTRICT SUPPORT AND MAINTENANCE NOT
1456	1456	STATE OBLIGATION
1457	1457	Sec. 1069.006. RESTRICTION ON STATE FINANCIAL
1458	1458	ASSISTANCE
1459	1459	[Sections 1069.007-1069.050 reserved for expansion]
1460	1460	SUBCHAPTER B. DISTRICT ADMINISTRATION
1461	1461	Sec. 1069.051. BOARD ELECTION; TERM
1462	1462	Sec. 1069.052. NOTICE OF ELECTION
1463	1463	Sec. 1069.053. BALLOT PETITION
1464	1464	Sec. 1069.054. QUALIFICATIONS FOR OFFICE
1465	1465	Sec. 1069.055. BOARD VACANCY
1466	1466	Sec. 1069.056. OFFICERS
1467	1467	Sec. 1069.057. QUORUM; VOTING REQUIREMENT
1468	1468	Sec. 1069.058. DISTRICT ADMINISTRATOR; ASSISTANT
1469	1469	ADMINISTRATOR
1470	1470	Sec. 1069.059. GENERAL DUTIES OF DISTRICT
1471	1471	ADMINISTRATOR
1472	1472	Sec. 1069.060. APPOINTMENT OF STAFF AND EMPLOYEES
1473	1473	Sec. 1069.061. RETIREMENT BENEFITS
1474	1474	[Sections 1069.062-1069.100 reserved for expansion]
1475	1475	SUBCHAPTER C. POWERS AND DUTIES
1476	1476	Sec. 1069.101. DISTRICT RESPONSIBILITY
1477	1477	Sec. 1069.102. RESTRICTION ON POLITICAL SUBDIVISION
1478	1478	TAXATION AND DEBT
1479	1479	Sec. 1069.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
1480	1480	Sec. 1069.104. HOSPITAL SYSTEM
1481	1481	Sec. 1069.105. RULES
1482	1482	Sec. 1069.106. PURCHASING AND ACCOUNTING PROCEDURES
1483	1483	Sec. 1069.107. DISTRICT PROPERTY, FACILITIES, AND
1484	1484	EQUIPMENT
1485	1485	Sec. 1069.108. EMINENT DOMAIN
1486	1486	Sec. 1069.109. GIFTS AND ENDOWMENTS
1487	1487	Sec. 1069.110. CHARITABLE ORGANIZATION
1488	1488	Sec. 1069.111. NONPROFIT CORPORATION
1489	1489	Sec. 1069.112. CONSTRUCTION OR EQUIPMENT PURCHASE
1490	1490	CONTRACTS
1491	1491	Sec. 1069.113. OPERATING AND MANAGEMENT CONTRACTS
1492	1492	Sec. 1069.114. CONTRACTS FOR CARE AND TREATMENT
1493	1493	Sec. 1069.115. CONTRACTS WITH POLITICAL SUBDIVISION
1494	1494	FOR SERVICES
1495	1495	Sec. 1069.116. PAYMENT FOR TREATMENT; PROCEDURES
1496	1496	Sec. 1069.117. REIMBURSEMENT FOR SERVICE
1497	1497	Sec. 1069.118. AUTHORITY TO SUE AND BE SUED
1498	1498	[Sections 1069.119-1069.150 reserved for expansion]
1499	1499	SUBCHAPTER D. CHANGE IN BOUNDARIES
1500	1500	Sec. 1069.151. PETITION TO EXPAND DISTRICT TERRITORY
1501	1501	Sec. 1069.152. HEARING
1502	1502	Sec. 1069.153. ORDER OF ANNEXATION
1503	1503	Sec. 1069.154. RATIFICATION ELECTION
1504	1504	Sec. 1069.155. ASSUMPTION OF DEBT AND TAXES
1505	1505	Sec. 1069.156. BALLOT
1506	1506	[Sections 1069.157-1069.200 reserved for expansion]
1507	1507	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1508	1508	Sec. 1069.201. BUDGET
1509	1509	Sec. 1069.202. NOTICE; HEARING; APPROVAL OF BUDGET
1510	1510	Sec. 1069.203. AMENDMENTS TO BUDGET
1511	1511	Sec. 1069.204. RESTRICTION ON EXPENDITURES
1512	1512	Sec. 1069.205. FISCAL YEAR
1513	1513	Sec. 1069.206. AUDIT
1514	1514	Sec. 1069.207. INSPECTION OF AUDIT AND DISTRICT
1515	1515	RECORDS
1516	1516	Sec. 1069.208. FINANCIAL REPORT
1517	1517	Sec. 1069.209. DEPOSITORY
1518	1518	Sec. 1069.210. SPENDING RESTRICTIONS
1519	1519	Sec. 1069.211. ECONOMIC DEVELOPMENT
1520	1520	Sec. 1069.212. AUTHORITY TO BORROW MONEY
1521	1521	[Sections 1069.213-1069.250 reserved for expansion]
1522	1522	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
1523	1523	Sec. 1069.251. GENERAL OBLIGATION BONDS
1524	1524	Sec. 1069.252. TAX TO PAY GENERAL OBLIGATION BONDS
1525	1525	Sec. 1069.253. GENERAL OBLIGATION BOND ELECTION
1526	1526	Sec. 1069.254. REFUNDING BONDS
1527	1527	Sec. 1069.255. MATURITY OF BONDS
1528	1528	Sec. 1069.256. EXECUTION OF BONDS
1529	1529	Sec. 1069.257. OTHER OBLIGATIONS
1530	1530	Sec. 1069.258. BONDS EXEMPT FROM TAXATION
1531	1531	[Sections 1069.259-1069.300 reserved for expansion]
1532	1532	SUBCHAPTER G. TAXES
1533	1533	Sec. 1069.301. IMPOSITION OF AD VALOREM TAX
1534	1534	Sec. 1069.302. TAX RATE
1535	1535	Sec. 1069.303. ASSESSMENT AND COLLECTION BY COUNTY TAX
1536	1536	ASSESSOR-COLLECTOR
1537	1537	Sec. 1069.304. ASSESSMENT AND COLLECTION BY DISTRICT
1538	1538	TAX ASSESSOR-COLLECTOR
1539	1539	CHAPTER 1069. NACOGDOCHES COUNTY HOSPITAL DISTRICT
1540	1540	SUBCHAPTER A. GENERAL PROVISIONS
1541	1541	Sec. 1069.001. DEFINITIONS. In this chapter:
1542	1542	(1) "Board" means the board of directors of the
1543	1543	district.
1544	1544	(2) "Director" means a member of the board.
1545	1545	(3) "District" means the Nacogdoches County Hospital
1546	1546	District. (New.)
1547	1547	Sec. 1069.002. AUTHORITY FOR OPERATION. The Nacogdoches
1548	1548	County Hospital District operates in accordance with Section 9,
1549	1549	Article IX, Texas Constitution, and has the rights, powers, and
1550	1550	duties provided by this chapter. (Acts 60th Leg., R.S., Ch. 431,
1551	1551	Sec. 1 (part).)
1552	1552	Sec. 1069.003. ESSENTIAL PUBLIC FUNCTION. The district
1553	1553	performs an essential public function in carrying out the purposes
1554	1554	of this chapter. (Acts 60th Leg., R.S., Ch. 431, Sec. 21 (part).)
1555	1555	Sec. 1069.004. DISTRICT TERRITORY. Unless the district's
1556	1556	boundaries are expanded under Subchapter D, the boundaries of the
1557	1557	district are coextensive with the boundaries of Nacogdoches County,
1558	1558	Texas. (Acts 60th Leg., R.S., Ch. 431, Sec. 1 (part); New.)
1559	1559	Sec. 1069.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
1560	1560	OBLIGATION. The support and maintenance of the district may not
1561	1561	become a charge against or obligation of this state. (Acts 60th
1562	1562	Leg., R.S., Ch. 431, Sec. 20 (part).)
1563	1563	Sec. 1069.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
1564	1564	The legislature may not make a direct appropriation for the
1565	1565	construction, maintenance, or improvement of a district facility.
1566	1566	(Acts 60th Leg., R.S., Ch. 431, Sec. 20 (part).)
1567	1567	[Sections 1069.007-1069.050 reserved for expansion]
1568	1568	SUBCHAPTER B. DISTRICT ADMINISTRATION
1569	1569	Sec. 1069.051. BOARD ELECTION; TERM. (a) The board
1570	1570	consists of:
1571	1571	(1) one director elected from each commissioners
1572	1572	precinct; and
1573	1573	(2) three directors elected from the district at
1574	1574	large.
1575	1575	(b) Unless four-year terms are established under Section
1576	1576	285.081, Health and Safety Code:
1577	1577	(1) directors serve staggered two-year terms; and
1578	1578	(2) an election shall be held annually on the May
1579	1579	uniform election date to elect the appropriate number of directors.
1580	1580	(Acts 60th Leg., R.S., Ch. 431, Sec. 4 (part); New.)
1581	1581	Sec. 1069.052. NOTICE OF ELECTION. At least 10 days before
1582	1582	the date of a directors' election, notice of the election must be
1583	1583	published one time in a newspaper of general circulation in the
1584	1584	county. (Acts 60th Leg., R.S., Ch. 431, Sec. 4 (part).)
1585	1585	Sec. 1069.053. BALLOT PETITION. (a) A person who wants to
1586	1586	have the person's name printed on the ballot as a candidate for
1587	1587	director must file with the board secretary a petition requesting
1588	1588	that action. The petition must:
1589	1589	(1) be signed by not fewer than 25 qualified voters;
1590	1590	(2) be filed by the deadline imposed by Section
1591	1591	144.005, Election Code; and
1592	1592	(3) specify the commissioners precinct the person
1593	1593	wants to represent or specify that the person wants to represent the
1594	1594	district at large.
1595	1595	(b) The board secretary may accept the petition only if it
1596	1596	is accompanied by evidence showing that the candidate has the
1597	1597	qualifications required by Section 1069.054. (Acts 60th Leg., R.S.,
1598	1598	Ch. 431, Sec. 4 (part).)
1599	1599	Sec. 1069.054. QUALIFICATIONS FOR OFFICE. (a) To be
1600	1600	eligible to be a candidate for or to serve as a director, a person
1601	1601	must be:
1602	1602	(1) a resident of the district; and
1603	1603	(2) a qualified voter.
1604	1604	(b) A director elected or appointed to represent a
1605	1605	commissioners precinct must be a resident of that commissioners
1606	1606	precinct.
1607	1607	(c) A district employee may not serve as a director. (Acts
1608	1608	60th Leg., R.S., Ch. 431, Sec. 4 (part).)
1609	1609	Sec. 1069.055. BOARD VACANCY. (a) If a vacancy occurs in
1610	1610	the office of director, the remaining directors shall appoint a
1611	1611	director for the unexpired term.
1612	1612	(b) If the number of directors is reduced to fewer than four
1613	1613	for any reason, the remaining directors shall immediately call a
1614	1614	special election to fill the vacancies. If the remaining directors
1615	1615	do not call the election, a district court, on application of a
1616	1616	district voter or taxpayer, may order the directors to hold the
1617	1617	election. (Acts 60th Leg., R.S., Ch. 431, Sec. 4 (part).)
1618	1618	Sec. 1069.056. OFFICERS. (a) The board shall elect:
1619	1619	(1) a president and a vice president from among its
1620	1620	members; and
1621	1621	(2) a secretary, who need not be a director.
1622	1622	(b) Each officer of the board serves a one-year term.
1623	1623	(c) The board shall fill a vacancy in a board office for the
1624	1624	unexpired term. (Acts 60th Leg., R.S., Ch. 431, Sec. 4 (part).)
1625	1625	Sec. 1069.057. QUORUM; VOTING REQUIREMENT. (a) Any four
1626	1626	directors constitute a quorum.
1627	1627	(b) A majority of the directors voting must concur in any
1628	1628	matter relating to district business. (Acts 60th Leg., R.S., Ch.
1629	1629	431, Sec. 4 (part).)
1630	1630	Sec. 1069.058. DISTRICT ADMINISTRATOR; ASSISTANT
1631	1631	ADMINISTRATOR. (a) The board shall appoint a qualified person as
1632	1632	district administrator.
1633	1633	(b) The board may appoint an assistant administrator.
1634	1634	(c) The district administrator and any assistant
1635	1635	administrator serve at the will of the board and receive the
1636	1636	compensation determined by the board.
1637	1637	(d) On assuming the duties of district administrator, the
1638	1638	administrator shall execute a bond payable to the district in an
1639	1639	amount set by the board of not less than $5,000 that:
1640	1640	(1) is conditioned on the administrator performing the
1641	1641	administrator's duties; and
1642	1642	(2) contains any other condition the board requires.
1643	1643	(Acts 60th Leg., R.S., Ch. 431, Sec. 5 (part).)
1644	1644	Sec. 1069.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
1645	1645	Subject to any limitation prescribed by the board, the district
1646	1646	administrator shall:
1647	1647	(1) supervise the work and activities of the district;
1648	1648	and
1649	1649	(2) direct the affairs of the district. (Acts 60th
1650	1650	Leg., R.S., Ch. 431, Sec. 5 (part).)
1651	1651	Sec. 1069.060. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
1652	1652	board may appoint to the staff any doctors and employ any
1653	1653	technician, nurse, or other employee the board considers necessary
1654	1654	for the efficient operation of the district.
1655	1655	(b) The district may employ fiscal agents, accountants,
1656	1656	architects, and attorneys as the board considers proper.
1657	1657	(c) The board may provide that the district administrator
1658	1658	has the authority to employ district employees, including
1659	1659	technicians and nurses. (Acts 60th Leg., R.S., Ch. 431, Secs. 5
1660	1660	(part), 16.)
1661	1661	Sec. 1069.061. RETIREMENT BENEFITS. The board may provide
1662	1662	retirement benefits for district employees by:
1663	1663	(1) establishing or administering a retirement
1664	1664	program; or
1665	1665	(2) participating in:
1666	1666	(A) the Texas County and District Retirement
1667	1667	System; or
1668	1668	(B) another statewide retirement system in which
1669	1669	the district is eligible to participate. (Acts 60th Leg., R.S., Ch.
1670	1670	431, Sec. 16A.)
1671	1671	[Sections 1069.062-1069.100 reserved for expansion]
1672	1672	SUBCHAPTER C. POWERS AND DUTIES
1673	1673	Sec. 1069.101. DISTRICT RESPONSIBILITY. The district has
1674	1674	full responsibility for operating all hospital facilities for
1675	1675	providing medical and hospital care for the district's needy
1676	1676	inhabitants. (Acts 60th Leg., R.S., Ch. 431, Sec. 19 (part).)
1677	1677	Sec. 1069.102. RESTRICTION ON POLITICAL SUBDIVISION
1678	1678	TAXATION AND DEBT. A political subdivision located within the
1679	1679	district may not impose a tax or issue bonds or other obligations
1680	1680	for hospital purposes or to provide medical care. (Acts 60th Leg.,
1681	1681	R.S., Ch. 431, Sec. 19 (part).)
1682	1682	Sec. 1069.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
1683	1683	The board shall manage, control, and administer the district's
1684	1684	hospitals and hospital system. (Acts 60th Leg., R.S., Ch. 431, Sec.
1685	1685	5 (part).)
1686	1686	Sec. 1069.104. HOSPITAL SYSTEM. (a) The district shall
1687	1687	provide for:
1688	1688	(1) the establishment of a hospital system by:
1689	1689	(A) purchasing, constructing, acquiring,
1690	1690	repairing, or renovating buildings and equipment; and
1691	1691	(B) equipping the buildings; and
1692	1692	(2) the administration of the hospital system for
1693	1693	hospital purposes.
1694	1694	(b) The hospital system may include:
1695	1695	(1) domiciliary care and treatment of the sick,
1696	1696	injured, or geriatric;
1697	1697	(2) outpatient clinics;
1698	1698	(3) dispensaries;
1699	1699	(4) convalescent home facilities;
1700	1700	(5) necessary nurses;
1701	1701	(6) domiciliaries and training centers;
1702	1702	(7) blood banks;
1703	1703	(8) community mental health centers;
1704	1704	(9) research centers or laboratories; and
1705	1705	(10) any other facilities the board considers
1706	1706	necessary for hospital care. (Acts 60th Leg., R.S., Ch. 431, Secs.
1707	1707	2 (part), 9(c).)
1708	1708	Sec. 1069.105. RULES. The board may adopt rules for the
1709	1709	operation of the district, including rules governing:
1710	1710	(1) the operation of the hospital and hospital system;
1711	1711	(2) the duties, functions, and responsibilities of
1712	1712	district staff and employees; and
1713	1713	(3) the acquisition of goods or services. (Acts 60th
1714	1714	Leg., R.S., Ch. 431, Secs. 5 (part), 10(d) (part), 16B.)
1715	1715	Sec. 1069.106. PURCHASING AND ACCOUNTING PROCEDURES. (a)
1716	1716	Except as provided by Section 1069.112, the board may prescribe:
1717	1717	(1) procedures for the acquisition of goods or
1718	1718	services, including the method and manner of making purchases and
1719	1719	expenditures by and for the district; and
1720	1720	(2) all accounting and control procedures.
1721	1721	(b) In making purchases, the board may determine the method
1722	1722	of purchase that provides the best value to the district,
1723	1723	including:
1724	1724	(1) competitive bidding;
1725	1725	(2) competitive sealed proposals;
1726	1726	(3) catalogue purchase;
1727	1727	(4) a group purchasing program; or
1728	1728	(5) an open market contract.
1729	1729	(c) In determining what is the best value to the district,
1730	1730	the board shall consider:
1731	1731	(1) the purchase price;
1732	1732	(2) the reputation of the vendor and of the vendor's
1733	1733	goods or services;
1734	1734	(3) the quality of the vendor's goods or services;
1735	1735	(4) the extent to which the goods or services meet the
1736	1736	district's needs;
1737	1737	(5) the vendor's past relationship with the district;
1738	1738	(6) the total long-term cost to the district of
1739	1739	acquiring the vendor's goods or services; and
1740	1740	(7) any other relevant factor that a private business
1741	1741	entity would consider in selecting a vendor.
1742	1742	(d) The state auditor may audit purchases of goods or
1743	1743	services by the district.
1744	1744	(e) To the extent of any conflict, this section prevails
1745	1745	over any other law relating to the purchasing of goods and services.
1746	1746	(f) Chapters 2151 and 2254, Government Code, do not apply to
1747	1747	purchases of goods and services made under this section.
1748	1748	(g) The board may incur an obligation, including a lease or
1749	1749	lease-purchase agreement for real property, facilities, or
1750	1750	equipment for use in the hospital system, payable from the pledged
1751	1751	sales and use tax revenue of the district. (Acts 60th Leg., R.S.,
1752	1752	Ch. 431, Secs. 10(a), (b), (c), (d) (part), (e), (f), (g).)
1753	1753	Sec. 1069.107. DISTRICT PROPERTY, FACILITIES, AND
1754	1754	EQUIPMENT. (a) The board shall determine:
1755	1755	(1) the type, number, and location of buildings
1756	1756	required to maintain an adequate hospital system; and
1757	1757	(2) the type of equipment necessary for hospital care.
1758	1758	(b) The board may:
1759	1759	(1) acquire real property, facilities, and equipment
1760	1760	for the district for use in the hospital system in the manner
1761	1761	determined by the board;
1762	1762	(2) lease to physicians, individuals, companies,
1763	1763	corporations, or other legal entities or acquire by lease or by
1764	1764	lease-purchase agreement real property, facilities, or equipment
1765	1765	for use in the hospital system on terms the board determines are in
1766	1766	the best interest of district residents; and
1767	1767	(3) sell or otherwise dispose of district real
1768	1768	property, facilities, or equipment on terms the board determines
1769	1769	are in the best interest of district residents.
1770	1770	(c) The district may acquire equipment for use in the
1771	1771	district's hospital system and mortgage or pledge the acquired
1772	1772	property as security for the payment of the purchase price. A
1773	1773	contract entered into under this subsection must provide that the
1774	1774	entire obligation be retired not later than the fifth anniversary
1775	1775	of the date of the contract. (Acts 60th Leg., R.S., Ch. 431, Secs.
1776	1776	9(a), (b), 10(j).)
1777	1777	Sec. 1069.108. EMINENT DOMAIN. (a) The district may
1778	1778	exercise the power of eminent domain to acquire a fee simple or
1779	1779	other interest in any type of property located in district
1780	1780	territory if the interest is necessary or convenient to a power,
1781	1781	right, or privilege conferred by this chapter.
1782	1782	(b) The district must exercise the power of eminent domain
1783	1783	in the manner provided by Chapter 21, Property Code, except that the
1784	1784	district is not required to deposit in the trial court money or a
1785	1785	bond as provided by Section 21.021(a), Property Code.
1786	1786	(c) In a condemnation proceeding brought by the district,
1787	1787	the district is not required to:
1788	1788	(1) pay in advance or provide a bond or other security
1789	1789	for costs in the trial court;
1790	1790	(2) provide a bond for the issuance of a temporary
1791	1791	restraining order or a temporary injunction; or
1792	1792	(3) provide a bond for costs or a supersedeas bond on
1793	1793	an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 431,
1794	1794	Sec. 14.)
1795	1795	Sec. 1069.109. GIFTS AND ENDOWMENTS. The board may accept
1796	1796	for the district a gift or endowment to be held in trust and
1797	1797	administered by the board for the purposes and under any direction,
1798	1798	limitation, or other provision prescribed in writing by the donor
1799	1799	that are not inconsistent with the proper management and objectives
1800	1800	of the district. (Acts 60th Leg., R.S., Ch. 431, Sec. 18(a).)
1801	1801	Sec. 1069.110. CHARITABLE ORGANIZATION. (a) In this
1802	1802	section, "charitable organization" means an organization that is
1803	1803	eligible for an exemption from federal income tax under Section
1804	1804	501(a), Internal Revenue Code of 1986, by being listed as an exempt
1805	1805	organization by Section 501(c)(3) or (4) of that code.
1806	1806	(b) The board may facilitate the achievement of district
1807	1807	purposes by creating a charitable organization to:
1808	1808	(1) provide or arrange for hospital and health care
1809	1809	services;
1810	1810	(2) develop resources for hospital and health care
1811	1811	services; and
1812	1812	(3) provide ancillary support services for the
1813	1813	district.
1814	1814	(c) A charitable organization created under this section is
1815	1815	a unit of local government for purposes of Chapter 101, Civil
1816	1816	Practice and Remedies Code. (Acts 60th Leg., R.S., Ch. 431, Sec.
1817	1817	18(b).)
1818	1818	Sec. 1069.111. NONPROFIT CORPORATION. (a) The board, on
1819	1819	the district's behalf, may create and sponsor a nonprofit
1820	1820	corporation under the Business Organizations Code and may
1821	1821	contribute money to or solicit money for the corporation.
1822	1822	(b) The corporation may use money, other than money the
1823	1823	corporation pays to the district, only to provide health care or
1824	1824	other services the district is authorized to provide under this
1825	1825	chapter.
1826	1826	(c) The corporation may invest the corporation's money in
1827	1827	any manner in which the district may invest the district's money,
1828	1828	including investing money as authorized by Chapter 2256, Government
1829	1829	Code.
1830	1830	(d) The board shall establish adequate controls to ensure
1831	1831	that the corporation uses its money as required by this section.
1832	1832	(Acts 60th Leg., R.S., Ch. 431, Sec. 18(c).)
1833	1833	Sec. 1069.112. CONSTRUCTION OR EQUIPMENT PURCHASE
1834	1834	CONTRACTS. A contract for construction or the purchase of
1835	1835	equipment that involves the expenditure of more than $25,000 may be
1836	1836	made only after advertising in the manner provided by Subchapter B,
1837	1837	Chapter 271, Local Government Code. (Acts 60th Leg., R.S., Ch. 431,
1838	1838	Sec. 10(i) (part).)
1839	1839	Sec. 1069.113. OPERATING AND MANAGEMENT CONTRACTS. The
1840	1840	district, through its board, may enter into an operating or
1841	1841	management contract relating to a district facility. (Acts 60th
1842	1842	Leg., R.S., Ch. 431, Sec. 9(d).)
1843	1843	Sec. 1069.114. CONTRACTS FOR CARE AND TREATMENT. (a) The
1844	1844	board may contract with a county or municipality located outside
1845	1845	the district's boundaries for the care and treatment of a sick or
1846	1846	injured person of that county or municipality.
1847	1847	(b) The board may contract with this state or a federal
1848	1848	agency for the treatment of a sick or injured person. (Acts 60th
1849	1849	Leg., R.S., Ch. 431, Sec. 5 (part).)
1850	1850	Sec. 1069.115. CONTRACTS WITH POLITICAL SUBDIVISION FOR
1851	1851	SERVICES. The board may contract with a political subdivision of
1852	1852	this state or with a state or federal agency for the district to:
1853	1853	(1) furnish a mobile emergency medical service;
1854	1854	(2) provide for the investigatory or welfare needs of
1855	1855	district inhabitants; or
1856	1856	(3) provide a rural health clinic to care for the
1857	1857	inhabitants of the contracting political subdivision. (Acts 60th
1858	1858	Leg., R.S., Ch. 431, Sec. 16C.)
1859	1859	Sec. 1069.116. PAYMENT FOR TREATMENT; PROCEDURES. (a)
1860	1860	When a patient who resides in the district is admitted to a district
1861	1861	facility, the district administrator may have an inquiry made into
1862	1862	the financial circumstances of:
1863	1863	(1) the patient; and
1864	1864	(2) the patient's relatives legally liable for the
1865	1865	patient's support.
1866	1866	(b) If the district administrator determines that the
1867	1867	patient or those relatives cannot pay for all or part of the
1868	1868	patient's care and treatment in the hospital, the amount that
1869	1869	cannot be paid becomes a charge against the district.
1870	1870	(c) If the district administrator determines that the
1871	1871	patient or those relatives can pay for all or part of the patient's
1872	1872	care and treatment, the administrator shall issue an order
1873	1873	directing the patient or those relatives to pay the district a
1874	1874	specified amount during an agreed term for the patient's care and
1875	1875	support. The amount ordered must be proportionate to their
1876	1876	financial ability.
1877	1877	(d) The district administrator may collect the amount from
1878	1878	the patient's estate, or from those relatives legally liable for
1879	1879	the patient's support, in the manner provided by law for the
1880	1880	collection of expenses of the last illness of a deceased person.
1881	1881	(e) If there is a dispute as to the ability to pay, or doubt
1882	1882	in the mind of the district administrator, the board shall hold a
1883	1883	hearing and, after calling witnesses, shall:
1884	1884	(1) resolve the dispute or doubt; and
1885	1885	(2) issue any appropriate order.
1886	1886	(f) The final order of the board may be appealed to the
1887	1887	district court. The substantial evidence rule applies to the
1888	1888	appeal. (Acts 60th Leg., R.S., Ch. 431, Secs. 17(b), (c), (d), (e),
1889	1889	(f).)
1890	1890	Sec. 1069.117. REIMBURSEMENT FOR SERVICE. (a) The board
1891	1891	shall require a county, municipality, or public hospital located
1892	1892	outside the district to reimburse the district for the district's
1893	1893	care and treatment of a sick or injured person of that county,
1894	1894	municipality, or public hospital as provided by Chapter 61, Health
1895	1895	and Safety Code.
1896	1896	(b) The board shall require the sheriff of a county or the
1897	1897	police chief of a municipality to reimburse the district for the
1898	1898	district's care and treatment of a person confined in a jail
1899	1899	facility of the county or municipality who is not a district
1900	1900	resident.
1901	1901	(c) The board may contract with the state or federal
1902	1902	government for that government to reimburse the district for
1903	1903	treatment of a sick or injured person. (Acts 60th Leg., R.S., Ch.
1904	1904	431, Sec. 16E.)
1905	1905	Sec. 1069.118. AUTHORITY TO SUE AND BE SUED. The district,
1906	1906	through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch.
1907	1907	431, Sec. 5 (part).)
1908	1908	[Sections 1069.119-1069.150 reserved for expansion]
1909	1909	SUBCHAPTER D. CHANGE IN BOUNDARIES
1910	1910	Sec. 1069.151. PETITION TO EXPAND DISTRICT
1911	1911	TERRITORY. (a) Registered voters of a defined territory not
1912	1912	included in the district may file a petition with the board
1913	1913	secretary requesting inclusion of the territory in the district.
1914	1914	(b) The petition must be signed by at least 50 registered
1915	1915	voters of the territory or a majority of those voters, whichever is
1916	1916	fewer. (Acts 60th Leg., R.S., Ch. 431, Sec. 16D(a).)
1917	1917	Sec. 1069.152. HEARING. (a) The board by order shall set
1918	1918	a time and place to hold a hearing on a petition to include a defined
1919	1919	territory in the district.
1920	1920	(b) The board shall set a date for the hearing that is after
1921	1921	the 30th day after the date the board issues the order. (Acts 60th
1922	1922	Leg., R.S., Ch. 431, Sec. 16D(b).)
1923	1923	Sec. 1069.153. ORDER OF ANNEXATION. (a) If, after a
1924	1924	hearing under Section 1069.152, the board finds that annexation of
1925	1925	the defined territory into the district would be feasible and would
1926	1926	benefit the district, the board may approve the annexation by a
1927	1927	resolution entered in its minutes.
1928	1928	(b) The board is not required to include in the annexation
1929	1929	all territory described in the petition if the board finds that a
1930	1930	modification or change is necessary or desirable. (Acts 60th Leg.,
1931	1931	R.S., Ch. 431, Sec. 16D(c).)
1932	1932	Sec. 1069.154. RATIFICATION ELECTION. (a) Annexation of
1933	1933	territory is final when approved by a majority of the voters at:
1934	1934	(1) an election held in the district; and
1935	1935	(2) a separate election held in the territory proposed
1936	1936	to be annexed.
1937	1937	(b) The order calling the election shall provide for clerks
1938	1938	as in county elections and must specify:
1939	1939	(1) the date of the election;
1940	1940	(2) the location of the polling places;
1941	1941	(3) the form of the ballot; and
1942	1942	(4) the presiding and alternate election judges for
1943	1943	each polling place.
1944	1944	(c) Notice of the election shall be given by publishing a
1945	1945	substantial copy of the election order in a newspaper of general
1946	1946	circulation in the county once each week for two consecutive weeks.
1947	1947	The first publication must occur at least 30 days before the date of
1948	1948	the election.
1949	1949	(d) Section 41.001(a), Election Code, does not apply to an
1950	1950	election held under this section. (Acts 60th Leg., R.S., Ch. 431,
1951	1951	Secs. 3 (part), 16D(d) (part), (f) (part).)
1952	1952	Sec. 1069.155. ASSUMPTION OF DEBT AND TAXES. If the
1953	1953	district has outstanding debts or taxes, the voters in an election
1954	1954	to approve annexation under Section 1069.154 must determine whether
1955	1955	the annexed territory will assume its portion of the debts or taxes
1956	1956	on annexation. (Acts 60th Leg., R.S., Ch. 431, Sec. 16D(d) (part).)
1957	1957	Sec. 1069.156. BALLOT. The ballot for an election under
1958	1958	Section 1069.154 shall be printed to permit voting for or against
1959	1959	the following, as applicable:
1960	1960	(1) "Adding (description of territory to be added) to
1961	1961	the Nacogdoches County Hospital District."
1962	1962	(2) "(Description of territory to be added) assuming
1963	1963	its proportionate share of the outstanding debts and taxes of the
1964	1964	Nacogdoches County Hospital District, if it is added to the
1965	1965	district." (Acts 60th Leg., R.S., Ch. 431, Sec. 16D(e).)
1966	1966	[Sections 1069.157-1069.200 reserved for expansion]
1967	1967	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1968	1968	Sec. 1069.201. BUDGET. (a) The district administrator
1969	1969	shall prepare an annual budget for approval by the board.
1970	1970	(b) The proposed budget must contain a complete financial
1971	1971	statement of:
1972	1972	(1) the outstanding obligations of the district;
1973	1973	(2) cash on hand to the credit of each district fund;
1974	1974	(3) money received by the district from all sources
1975	1975	during the previous year;
1976	1976	(4) money available to the district from all sources
1977	1977	during the ensuing year;
1978	1978	(5) the balances expected at the end of the year in
1979	1979	which the budget is being prepared;
1980	1980	(6) the estimated revenue and balances available to
1981	1981	cover the proposed budget; and
1982	1982	(7) the estimated tax rate required. (Acts 60th Leg.,
1983	1983	R.S., Ch. 431, Sec. 6 (part).)
1984	1984	Sec. 1069.202. NOTICE; HEARING; APPROVAL OF BUDGET. (a)
1985	1985	The board shall hold a public hearing on the proposed annual budget.
1986	1986	(b) Notice of the hearing must be published one time at
1987	1987	least 10 days before the date of the hearing.
1988	1988	(c) Any district resident is entitled to be present and
1989	1989	participate at the hearing.
1990	1990	(d) At the conclusion of the hearing, the board shall act on
1991	1991	the budget as proposed by the board president. The board may make
1992	1992	any changes in the proposed budget that the board judges to be in
1993	1993	the interest of the taxpayers and the law warrants. The budget must
1994	1994	be approved by the board. (Acts 60th Leg., R.S., Ch. 431, Sec. 6
1995	1995	(part).)
1996	1996	Sec. 1069.203. AMENDMENTS TO BUDGET. The annual budget may
1997	1997	be amended as required by circumstances. The board must approve all
1998	1998	amendments. (Acts 60th Leg., R.S., Ch. 431, Sec. 6 (part).)
1999	1999	Sec. 1069.204. RESTRICTION ON EXPENDITURES. Money may be
2000	2000	spent only for an expense included in the annual budget or an
2001	2001	amendment to the budget. (Acts 60th Leg., R.S., Ch. 431, Sec. 6
2002	2002	(part).)
2003	2003	Sec. 1069.205. FISCAL YEAR. The district operates
2004	2004	according to a fiscal year that begins on July 1 and ends on June 30.
2005	2005	(Acts 60th Leg., R.S., Ch. 431, Sec. 6 (part).)
2006	2006	Sec. 1069.206. AUDIT. The district shall have an audit made
2007	2007	of the district's financial condition. (Acts 60th Leg., R.S., Ch.
2008	2008	431, Sec. 6 (part).)
2009	2009	Sec. 1069.207. INSPECTION OF AUDIT AND DISTRICT RECORDS.
2010	2010	The audit and other district records shall be open to inspection at
2011	2011	the district's principal office. (Acts 60th Leg., R.S., Ch. 431,
2012	2012	Sec. 6 (part).)
2013	2013	Sec. 1069.208. FINANCIAL REPORT. As soon as practicable
2014	2014	after the close of each fiscal year, the district administrator
2015	2015	shall prepare for the board:
2016	2016	(1) a complete sworn statement of all district money;
2017	2017	and
2018	2018	(2) a complete account of the disbursements of that
2019	2019	money. (Acts 60th Leg., R.S., Ch. 431, Sec. 6 (part).)
2020	2020	Sec. 1069.209. DEPOSITORY. (a) The board shall select one
2021	2021	or more banks in the district to serve as a depository for district
2022	2022	money.
2023	2023	(b) All district money shall be immediately deposited on
2024	2024	receipt with a depository bank, except that sufficient money must
2025	2025	be remitted to the place or places designated as agent for the
2026	2026	payment of principal of and interest on the district's outstanding
2027	2027	bonds or other obligations assumed by the district in time for the
2028	2028	agent to make that payment on or before the maturity date of the
2029	2029	principal and interest.
2030	2030	(c) To the extent that money in a depository bank is not
2031	2031	insured by the Federal Deposit Insurance Corporation, the money
2032	2032	must be secured in the manner provided by law for the security of
2033	2033	county funds.
2034	2034	(d) Membership on the district's board of an officer or
2035	2035	director of a bank does not disqualify the bank from being
2036	2036	designated as depository. (Acts 60th Leg., R.S., Ch. 431, Sec. 11.)
2037	2037	Sec. 1069.210. SPENDING RESTRICTIONS. Except as provided
2038	2038	by Sections 1069.106, 1069.107, and 1069.211 and by Subchapter F,
2039	2039	the district may not incur an obligation payable from district
2040	2040	revenue other than the revenue on hand or to be on hand in the
2041	2041	current and immediately following district fiscal years. (Acts
2042	2042	60th Leg., R.S., Ch. 431, Sec. 10(l).)
2043	2043	Sec. 1069.211. ECONOMIC DEVELOPMENT. The district may
2044	2044	allocate a portion of its annual sales and use tax revenue, not to
2045	2045	exceed one-fourth of one percent, to encourage economic development
2046	2046	in the district as described by Section 52-a, Article III, Texas
2047	2047	Constitution. (Acts 60th Leg., R.S., Ch. 431, Sec. 10(k).)
2048	2048	Sec. 1069.212. AUTHORITY TO BORROW MONEY. (a) Pending
2049	2049	receipt of accounts receivable, the board may borrow money for the
2050	2050	payment of maintenance and operating expenses of the district.
2051	2051	(b) A loan obtained by the district under this section must
2052	2052	be repaid not later than one year after the date on which the loan is
2053	2053	made. (Acts 60th Leg., R.S., Ch. 431, Sec. 10(h).)
2054	2054	[Sections 1069.213-1069.250 reserved for expansion]
2055	2055	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
2056	2056	Sec. 1069.251. GENERAL OBLIGATION BONDS. The board may
2057	2057	issue and sell general obligation bonds in the name and on the faith
2058	2058	and credit of the district for any purpose relating to the purchase,
2059	2059	construction, acquisition, repair, or renovation of buildings or
2060	2060	improvements and equipping of buildings or improvements for
2061	2061	hospital purposes. (Acts 60th Leg., R.S., Ch. 431, Sec. 7(a)
2062	2062	(part).)
2063	2063	Sec. 1069.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
2064	2064	the time general obligation bonds are issued by the district, the
2065	2065	board shall impose an ad valorem tax at a rate sufficient to create
2066	2066	an interest and sinking fund to pay the principal of and interest on
2067	2067	the bonds as the bonds mature.
2068	2068	(b) The tax required by this section together with any other
2069	2069	ad valorem tax imposed for the district may not in any year exceed
2070	2070	75 cents on each $100 valuation of all taxable property in the
2071	2071	district subject to hospital district taxation. (Acts 60th Leg.,
2072	2072	R.S., Ch. 431, Sec. 7(a) (part).)
2073	2073	Sec. 1069.253. GENERAL OBLIGATION BOND ELECTION. (a) The
2074	2074	district may issue general obligation bonds only if the bonds are
2075	2075	authorized by a majority of the district voters voting at an
2076	2076	election held for that purpose.
2077	2077	(b) The order calling a bond election shall provide for
2078	2078	clerks as in county elections and must specify:
2079	2079	(1) the date of the election;
2080	2080	(2) the location of the polling places;
2081	2081	(3) the presiding and alternate election judges for
2082	2082	each polling place;
2083	2083	(4) the amount of the bonds to be authorized;
2084	2084	(5) the maximum interest rate of the bonds; and
2085	2085	(6) the maximum maturity of the bonds.
2086	2086	(c) Notice of a bond election shall be given as provided by
2087	2087	Section 1251.003, Government Code. (Acts 60th Leg., R.S., Ch. 431,
2088	2088	Sec. 7(a) (part).)
2089	2089	Sec. 1069.254. REFUNDING BONDS. (a) The board may, without
2090	2090	an election, issue refunding bonds to refund outstanding
2091	2091	indebtedness issued or assumed by the district.
2092	2092	(b) A refunding bond may be:
2093	2093	(1) sold, with the proceeds of the refunding bond
2094	2094	applied to the payment of outstanding indebtedness; or
2095	2095	(2) exchanged wholly or partly for not less than a
2096	2096	similar principal amount of outstanding indebtedness. (Acts 60th
2097	2097	Leg., R.S., Ch. 431, Secs. 7(a) (part), (b).)
2098	2098	Sec. 1069.255. MATURITY OF BONDS. District bonds must
2099	2099	mature not later than 40 years after the date of issuance. (Acts
2100	2100	60th Leg., R.S., Ch. 431, Sec. 7(c) (part).)
2101	2101	Sec. 1069.256. EXECUTION OF BONDS. District bonds shall be
2102	2102	executed in the manner provided by Chapter 618, Government Code.
2103	2103	(Acts 60th Leg., R.S., Ch. 431, Sec. 7(c) (part).)
2104	2104	Sec. 1069.257. OTHER OBLIGATIONS. Notwithstanding
2105	2105	Sections 1069.251 through 1069.256, the board may issue and sell
2106	2106	bonds, notes, or other obligations that are payable from the
2107	2107	district's sales and use tax revenues to:
2108	2108	(1) acquire land for the hospital system; or
2109	2109	(2) purchase, construct, acquire, repair, or renovate
2110	2110	buildings, improvements, or equipment related to the hospital
2111	2111	system. (Acts 60th Leg., R.S., Ch. 431, Sec. 7(d).)
2112	2112	Sec. 1069.258. BONDS EXEMPT FROM TAXATION. The following
2113	2113	are exempt from taxation by this state or a political subdivision of
2114	2114	this state:
2115	2115	(1) bonds issued by the district;
2116	2116	(2) the transfer and issuance of the bonds; and
2117	2117	(3) profits made in the sale of the bonds. (Acts 60th
2118	2118	Leg., R.S., Ch. 431, Sec. 21 (part).)
2119	2119	[Sections 1069.259-1069.300 reserved for expansion]
2120	2120	SUBCHAPTER G. TAXES
2121	2121	Sec. 1069.301. IMPOSITION OF AD VALOREM TAX. (a) The board
2122	2122	shall impose a tax on all taxable property in the district subject
2123	2123	to district taxation.
2124	2124	(b) The board shall impose the tax to pay:
2125	2125	(1) indebtedness issued or assumed by the district;
2126	2126	and
2127	2127	(2) the maintenance and operating expenses of the
2128	2128	district. (Acts 60th Leg., R.S., Ch. 431, Secs. 12 (part), 15
2129	2129	(part).)
2130	2130	Sec. 1069.302. TAX RATE. (a) The board may impose the tax
2131	2131	at a rate not to exceed 75 cents on each $100 valuation of the
2132	2132	taxable property in the district subject to hospital district
2133	2133	taxation.
2134	2134	(b) In setting the tax rate, the board shall consider the
2135	2135	income of the district from sources other than taxation. (Acts 60th
2136	2136	Leg., R.S., Ch. 431, Secs. 3 (part), 12 (part).)
2137	2137	Sec. 1069.303. ASSESSMENT AND COLLECTION BY COUNTY TAX
2138	2138	ASSESSOR-COLLECTOR. Unless the board by majority vote elects to
2139	2139	have taxes assessed and collected under Section 1069.304, the tax
2140	2140	assessor-collector of the county in which the district is located
2141	2141	shall assess and collect taxes imposed by the district. (Acts 60th
2142	2142	Leg., R.S., Ch. 431, Secs. 15 (part), 15(a) (part).)
2143	2143	Sec. 1069.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX
2144	2144	ASSESSOR-COLLECTOR. (a) The board may elect to have district
2145	2145	taxes assessed and collected by a tax assessor-collector appointed
2146	2146	by the board. An election under this subsection must be made by
2147	2147	December 1 and governs the manner in which taxes are assessed and
2148	2148	collected, until changed by a similar resolution.
2149	2149	(b) The district tax assessor-collector must be a district
2150	2150	resident.
2151	2151	(c) The board shall prescribe for the district tax
2152	2152	assessor-collector the term of employment and compensation. (Acts 60th Leg., R.S., Ch. 431, Secs. 15 (part), 15(b) (part).)
2153	2153	CHAPTER 1074. COMANCHE COUNTY CONSOLIDATED HOSPITAL DISTRICT
2154	2154	SUBCHAPTER A. GENERAL PROVISIONS
2155	2155	Sec. 1074.001. DEFINITIONS
2156	2156	Sec. 1074.002. AUTHORITY FOR OPERATION
2157	2157	Sec. 1074.003. ESSENTIAL PUBLIC FUNCTION
2158	2158	Sec. 1074.004. DISTRICT TERRITORY
2159	2159	Sec. 1074.005. DISTRICT SUPPORT AND MAINTENANCE NOT
2160	2160	STATE OBLIGATION
2161	2161	Sec. 1074.006. RESTRICTION ON STATE FINANCIAL
2162	2162	ASSISTANCE
2163	2163	[Sections 1074.007-1074.050 reserved for expansion]
2164	2164	SUBCHAPTER B. DISTRICT ADMINISTRATION
2165	2165	Sec. 1074.051. BOARD ELECTION; TERM
2166	2166	Sec. 1074.052. NOTICE OF ELECTION
2167	2167	Sec. 1074.053. QUALIFICATIONS FOR OFFICE
2168	2168	Sec. 1074.054. BOARD VACANCY
2169	2169	Sec. 1074.055. OFFICERS
2170	2170	Sec. 1074.056. COMPENSATION; EXPENSES
2171	2171	Sec. 1074.057. VOTING REQUIREMENT
2172	2172	Sec. 1074.058. DISTRICT ADMINISTRATOR; ASSISTANT
2173	2173	ADMINISTRATOR
2174	2174	Sec. 1074.059. GENERAL DUTIES OF DISTRICT
2175	2175	ADMINISTRATOR
2176	2176	Sec. 1074.060. APPOINTMENT OF STAFF AND EMPLOYEES
2177	2177	[Sections 1074.061-1074.100 reserved for expansion]
2178	2178	SUBCHAPTER C. POWERS AND DUTIES
2179	2179	Sec. 1074.101. DISTRICT RESPONSIBILITY
2180	2180	Sec. 1074.102. RESTRICTION ON POLITICAL SUBDIVISION
2181	2181	TAXATION AND DEBT
2182	2182	Sec. 1074.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
2183	2183	Sec. 1074.104. HOSPITAL SYSTEM
2184	2184	Sec. 1074.105. RULES
2185	2185	Sec. 1074.106. PURCHASING AND ACCOUNTING PROCEDURES
2186	2186	Sec. 1074.107. DISTRICT PROPERTY, FACILITIES, AND
2187	2187	EQUIPMENT
2188	2188	Sec. 1074.108. EMINENT DOMAIN
2189	2189	Sec. 1074.109. GIFTS AND ENDOWMENTS
2190	2190	Sec. 1074.110. CONSTRUCTION CONTRACTS
2191	2191	Sec. 1074.111. OPERATING AND MANAGEMENT CONTRACTS
2192	2192	Sec. 1074.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
2193	2193	FOR CARE AND TREATMENT
2194	2194	Sec. 1074.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
2195	2195	FOR INVESTIGATORY OR OTHER SERVICES
2196	2196	Sec. 1074.114. PAYMENT FOR TREATMENT; PROCEDURES
2197	2197	Sec. 1074.115. AUTHORITY TO SUE AND BE SUED
2198	2198	[Sections 1074.116-1074.150 reserved for expansion]
2199	2199	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2200	2200	Sec. 1074.151. BUDGET
2201	2201	Sec. 1074.152. NOTICE; HEARING; APPROVAL OF BUDGET
2202	2202	Sec. 1074.153. AMENDMENTS TO BUDGET
2203	2203	Sec. 1074.154. RESTRICTION ON EXPENDITURES
2204	2204	Sec. 1074.155. FISCAL YEAR
2205	2205	Sec. 1074.156. ANNUAL AUDIT
2206	2206	Sec. 1074.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
2207	2207	RECORDS
2208	2208	Sec. 1074.158. FINANCIAL REPORT
2209	2209	Sec. 1074.159. DEPOSITORY
2210	2210	Sec. 1074.160. INVESTMENT RESTRICTIONS
2211	2211	Sec. 1074.161. AUTHORITY TO BORROW MONEY; SECURITY
2212	2212	[Sections 1074.162-1074.200 reserved for expansion]
2213	2213	SUBCHAPTER E. BONDS
2214	2214	Sec. 1074.201. GENERAL OBLIGATION BONDS
2215	2215	Sec. 1074.202. TAX TO PAY GENERAL OBLIGATION BONDS
2216	2216	Sec. 1074.203. REVENUE BONDS
2217	2217	Sec. 1074.204. REFUNDING BONDS
2218	2218	Sec. 1074.205. BOND ELECTION
2219	2219	Sec. 1074.206. MATURITY OF BONDS
2220	2220	Sec. 1074.207. EXECUTION OF BONDS
2221	2221	Sec. 1074.208. ADDITIONAL MEANS OF SECURING PAYMENT OF
2222	2222	BONDS
2223	2223	Sec. 1074.209. USE OF BOND PROCEEDS
2224	2224	Sec. 1074.210. BONDS EXEMPT FROM TAXATION
2225	2225	Sec. 1074.211. SECURITY OF CERTAIN BONDS
2226	2226	[Sections 1074.212-1074.250 reserved for expansion]
2227	2227	SUBCHAPTER F. TAXES
2228	2228	Sec. 1074.251. IMPOSITION OF AD VALOREM TAX
2229	2229	Sec. 1074.252. TAX RATE
2230	2230	Sec. 1074.253. TAX ASSESSOR-COLLECTOR
2231	2231	CHAPTER 1074. COMANCHE COUNTY CONSOLIDATED HOSPITAL DISTRICT
2232	2232	SUBCHAPTER A. GENERAL PROVISIONS
2233	2233	Sec. 1074.001. DEFINITIONS. In this chapter:
2234	2234	(1) "Board" means the board of directors of the
2235	2235	district.
2236	2236	(2) "Director" means a member of the board.
2237	2237	(3) "District" means the Comanche County Consolidated
2238	2238	Hospital District. (New.)
2239	2239	Sec. 1074.002. AUTHORITY FOR OPERATION. The Comanche
2240	2240	County Consolidated Hospital District operates and is administered
2241	2241	and financed in accordance with Section 9, Article IX, Texas
2242	2242	Constitution, and has the rights, powers, and duties provided by
2243	2243	this chapter. (Acts 74th Leg., R.S., Ch. 132, Secs. 3.01(a) (part),
2244	2244	(b) (part).)
2245	2245	Sec. 1074.003. ESSENTIAL PUBLIC FUNCTION. The district
2246	2246	performs an essential public function administering this chapter.
2247	2247	(Acts 74th Leg., R.S., Ch. 132, Sec. 3.25 (part).)
2248	2248	Sec. 1074.004. DISTRICT TERRITORY. The boundaries of the
2249	2249	district are coextensive with the boundaries of Comanche County,
2250	2250	except that portion of Comanche County within the boundaries of the
2251	2251	South Eastland County Hospital District, as those boundaries
2252	2252	existed on June 15, 2001, is not included in the district. (Acts
2253	2253	74th Leg., R.S., Ch. 132, Sec. 3.01(a) (part).)
2254	2254	Sec. 1074.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
2255	2255	OBLIGATION. The support and maintenance of the district may not
2256	2256	become a charge against or obligation of this state. (Acts 74th
2257	2257	Leg., R.S., Ch. 132, Sec. 3.24 (part).)
2258	2258	Sec. 1074.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
2259	2259	The legislature may not make a direct appropriation for the
2260	2260	construction, maintenance, or improvement of a district facility.
2261	2261	(Acts 74th Leg., R.S., Ch. 132, Sec. 3.24 (part).)
2262	2262	[Sections 1074.007-1074.050 reserved for expansion]
2263	2263	SUBCHAPTER B. DISTRICT ADMINISTRATION
2264	2264	Sec. 1074.051. BOARD ELECTION; TERM. (a) The board
2265	2265	consists of six directors elected from the district in accordance
2266	2266	with former Section 3.04(f), Chapter 132, Acts of the 74th
2267	2267	Legislature, Regular Session, 1995.
2268	2268	(b) Directors serve staggered three-year terms.
2269	2269	(c) A directors' election to elect two directors shall be
2270	2270	held annually on the May uniform election date. (Acts 74th Leg.,
2271	2271	R.S., Ch. 132, Sec. 3.05(a) (part).)
2272	2272	Sec. 1074.052. NOTICE OF ELECTION. Not earlier than the
2273	2273	30th day or later than the 10th day before the date of a directors'
2274	2274	election, notice of the election must be published one time in a
2275	2275	newspaper of general circulation in the district. (Acts 74th Leg.,
2276	2276	R.S., Ch. 132, Sec. 3.05(b) (part).)
2277	2277	Sec. 1074.053. QUALIFICATIONS FOR OFFICE. (a) A person may
2278	2278	not be elected or appointed as a director unless the person is:
2279	2279	(1) a resident of the district; and
2280	2280	(2) a qualified voter.
2281	2281	(b) A person is not eligible to serve as a director if the
2282	2282	person is:
2283	2283	(1) the district administrator; or
2284	2284	(2) a district employee. (Acts 74th Leg., R.S., Ch.
2285	2285	132, Sec. 3.06.)
2286	2286	Sec. 1074.054. BOARD VACANCY. If a vacancy occurs in the
2287	2287	office of director, the remaining directors shall fill the vacancy
2288	2288	for the unexpired term. (Acts 74th Leg., R.S., Ch. 132, Sec.
2289	2289	3.05(c).)
2290	2290	Sec. 1074.055. OFFICERS. (a) The board shall elect:
2291	2291	(1) a president and a vice president from among its
2292	2292	members; and
2293	2293	(2) a secretary, who need not be a director.
2294	2294	(b) Each officer of the board serves a one-year term.
2295	2295	(c) The board shall fill a vacancy in a board office for the
2296	2296	unexpired term. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.08(a).)
2297	2297	Sec. 1074.056. COMPENSATION; EXPENSES. A director or
2298	2298	officer serves without compensation but may be reimbursed for
2299	2299	actual expenses incurred in the performance of official duties.
2300	2300	The expenses must be:
2301	2301	(1) reported in the district's records; and
2302	2302	(2) approved by the board. (Acts 74th Leg., R.S., Ch.
2303	2303	132, Sec. 3.08(c).)
2304	2304	Sec. 1074.057. VOTING REQUIREMENT. A concurrence of a
2305	2305	majority of the directors voting is necessary in any matter
2306	2306	relating to district business. (Acts 74th Leg., R.S., Ch. 132, Sec.
2307	2307	3.08(b).)
2308	2308	Sec. 1074.058. DISTRICT ADMINISTRATOR; ASSISTANT
2309	2309	ADMINISTRATOR. (a) The board shall appoint a qualified person as
2310	2310	district administrator.
2311	2311	(b) The board may appoint an assistant administrator.
2312	2312	(c) The district administrator and any assistant
2313	2313	administrator serve at the will of the board and receive the
2314	2314	compensation determined by the board.
2315	2315	(d) On assuming the duties of district administrator, the
2316	2316	administrator shall execute a bond payable to the district in an
2317	2317	amount set by the board of not less than $5,000 that:
2318	2318	(1) is conditioned on the administrator performing the
2319	2319	administrator's duties; and
2320	2320	(2) contains any other condition the board requires.
2321	2321	(e) The board may pay for the bond with district money.
2322	2322	(Acts 74th Leg., R.S., Ch. 132, Sec. 3.09(c) (part).)
2323	2323	Sec. 1074.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
2324	2324	Subject to the limitations prescribed by the board, the district
2325	2325	administrator shall supervise the work and activities of the
2326	2326	district. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.09(c) (part).)
2327	2327	Sec. 1074.060. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
2328	2328	board may appoint to the staff any doctors the board considers
2329	2329	necessary for the efficient operation of the district if warranted.
2330	2330	(b) The board may employ, and may delegate to the district
2331	2331	administrator the authority to employ, technicians, nurses, fiscal
2332	2332	agents, accountants, architects, and other necessary employees for
2333	2333	the district. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.09(d).)
2334	2334	[Sections 1074.061-1074.100 reserved for expansion]
2335	2335	SUBCHAPTER C. POWERS AND DUTIES
2336	2336	Sec. 1074.101. DISTRICT RESPONSIBILITY. The district has
2337	2337	full responsibility for operating all hospital facilities and
2338	2338	providing medical and hospital care for the district's needy
2339	2339	residents. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.23(b).)
2340	2340	Sec. 1074.102. RESTRICTION ON POLITICAL SUBDIVISION
2341	2341	TAXATION AND DEBT. A political subdivision located wholly or
2342	2342	partly in the district may not impose a tax or issue bonds or other
2343	2343	obligations for hospital purposes or to provide medical care for
2344	2344	district residents. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.23(a).)
2345	2345	Sec. 1074.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
2346	2346	The board shall manage, control, and administer the hospital system
2347	2347	and the district's business, money, and resources. (Acts 74th
2348	2348	Leg., R.S., Ch. 132, Sec. 3.09(a) (part).)
2349	2349	Sec. 1074.104. HOSPITAL SYSTEM. (a) The district shall
2350	2350	provide for:
2351	2351	(1) the establishment of a hospital system by:
2352	2352	(A) purchasing, constructing, acquiring,
2353	2353	repairing, or renovating buildings and equipment; and
2354	2354	(B) equipping the buildings; and
2355	2355	(2) the administration of the district for hospital
2356	2356	purposes.
2357	2357	(b) The hospital system may include:
2358	2358	(1) domiciliary care and treatment of the sick,
2359	2359	injured, or geriatric;
2360	2360	(2) outpatient clinics;
2361	2361	(3) dispensaries;
2362	2362	(4) convalescent home facilities;
2363	2363	(5) necessary nurses;
2364	2364	(6) domiciliaries and training centers;
2365	2365	(7) blood banks;
2366	2366	(8) community mental health centers;
2367	2367	(9) research centers;
2368	2368	(10) laboratories; and
2369	2369	(11) any other facilities the board considers
2370	2370	necessary for hospital care. (Acts 74th Leg., R.S., Ch. 132, Secs.
2371	2371	3.07(a) (part), 3.15(a) (part).)
2372	2372	Sec. 1074.105. RULES. The board may adopt rules governing
2373	2373	the operation of the hospital, the hospital system, and the
2374	2374	district's staff and employees. (Acts 74th Leg., R.S., Ch. 132,
2375	2375	Sec. 3.09(b) (part).)
2376	2376	Sec. 1074.106. PURCHASING AND ACCOUNTING PROCEDURES. The
2377	2377	board may prescribe:
2378	2378	(1) the method and manner of making purchases and
2379	2379	expenditures by and for the district; and
2380	2380	(2) all accounting and control procedures. (Acts 74th
2381	2381	Leg., R.S., Ch. 132, Sec. 3.15(d).)
2382	2382	Sec. 1074.107. DISTRICT PROPERTY, FACILITIES, AND
2383	2383	EQUIPMENT. (a) The board shall determine:
2384	2384	(1) the type, number, and location of buildings
2385	2385	required to maintain an adequate hospital system; and
2386	2386	(2) the type of equipment necessary for hospital care.
2387	2387	(b) The board may lease all or part of the district's
2388	2388	buildings and other facilities on terms considered to be in the best
2389	2389	interest of district residents. The term of the lease may not
2390	2390	exceed 25 years.
2391	2391	(c) The district may:
2392	2392	(1) acquire property, including facilities and
2393	2393	equipment, for use in the district's hospital system; and
2394	2394	(2) mortgage or pledge the property as security for
2395	2395	the payment of the purchase price.
2396	2396	(d) The district may sell or otherwise dispose of any
2397	2397	property, including equipment, on terms the board finds are in the
2398	2398	best interest of district residents. (Acts 74th Leg., R.S., Ch.
2399	2399	132, Secs. 3.15(a) (part), (b) (part), (c), (g).)
2400	2400	Sec. 1074.108. EMINENT DOMAIN. (a) The district may
2401	2401	exercise the power of eminent domain to acquire a fee simple or
2402	2402	other interest in any type of property located in district
2403	2403	territory if the interest is necessary to exercise a right or
2404	2404	authority conferred by this chapter.
2405	2405	(b) The district must exercise the power of eminent domain
2406	2406	in the manner provided by Chapter 21, Property Code, except the
2407	2407	district is not required to deposit in the trial court money or a
2408	2408	bond as provided by Section 21.021, Property Code.
2409	2409	(c) In a condemnation proceeding brought by the district,
2410	2410	the district is not required to:
2411	2411	(1) pay in advance or provide a bond or other security
2412	2412	for costs in the trial court;
2413	2413	(2) provide a bond for the issuance of a temporary
2414	2414	restraining order or a temporary injunction; or
2415	2415	(3) provide a bond for costs or a supersedeas bond on
2416	2416	an appeal or petition for review. (Acts 74th Leg., R.S., Ch. 132,
2417	2417	Sec. 3.18.)
2418	2418	Sec. 1074.109. GIFTS AND ENDOWMENTS. The board may accept
2419	2419	for the district a gift or endowment to be held in trust and
2420	2420	administered by the board for the purposes and under the
2421	2421	directions, limitations, or other provisions prescribed in writing
2422	2422	by the donor that are not inconsistent with the proper management of
2423	2423	the district. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.21.)
2424	2424	Sec. 1074.110. CONSTRUCTION CONTRACTS. A construction
2425	2425	contract that involves the expenditure of more than the amount
2426	2426	provided by Section 271.024, Local Government Code, may be made
2427	2427	only after competitive bidding as provided by Subchapter B, Chapter
2428	2428	271, Local Government Code. (Acts 74th Leg., R.S., Ch. 132, Sec.
2429	2429	3.15(e).)
2430	2430	Sec. 1074.111. OPERATING AND MANAGEMENT CONTRACTS. The
2431	2431	board may enter into an operating or management contract relating
2432	2432	to a district facility. (Acts 74th Leg., R.S., Ch. 132, Sec.
2433	2433	3.15(b) (part).)
2434	2434	Sec. 1074.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
2435	2435	CARE AND TREATMENT. (a) The district may contract with a county or
2436	2436	municipality located outside the district's boundaries for the care
2437	2437	and treatment of a sick or injured person of that county or
2438	2438	municipality.
2439	2439	(b) The district may contract with this state or a federal
2440	2440	agency to reimburse the district for treatment of a sick or injured
2441	2441	person. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.09(e) (part).)
2442	2442	Sec. 1074.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
2443	2443	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
2444	2444	political subdivision or governmental agency for the district to
2445	2445	provide investigatory or other services for the medical, hospital,
2446	2446	or welfare needs of district residents. (Acts 74th Leg., R.S., Ch.
2447	2447	132, Sec. 3.09(e) (part).)
2448	2448	Sec. 1074.114. PAYMENT FOR TREATMENT; PROCEDURES. (a) The
2449	2449	district shall provide without charge to a patient residing in the
2450	2450	district the care and treatment that the patient or a relative of
2451	2451	the patient who is legally responsible for the patient's support
2452	2452	cannot pay.
2453	2453	(b) When a patient who resides in the district is admitted
2454	2454	to a district facility, the district administrator may have an
2455	2455	inquiry made into the circumstances of:
2456	2456	(1) the patient; and
2457	2457	(2) the patient's relatives legally responsible for
2458	2458	the patient's support.
2459	2459	(c) If the district administrator determines that the
2460	2460	patient or relative can pay for all or part of the costs of the
2461	2461	patient's care and treatment, the district administrator shall
2462	2462	report that finding to the board and the board shall order the
2463	2463	patient or relative to pay the district a specified amount each week
2464	2464	for the patient's care and support. The amount ordered must be an
2465	2465	amount the individual is able to pay.
2466	2466	(d) The district administrator may collect amounts under
2467	2467	Subsection (c) from the patient's estate, or from a relative
2468	2468	legally responsible for the patient's support, in the manner
2469	2469	provided by law for the collection of expenses of the last illness
2470	2470	of a deceased person.
2471	2471	(e) If there is a dispute as to the ability to pay, the board
2472	2472	shall:
2473	2473	(1) call witnesses;
2474	2474	(2) hear and resolve the dispute; and
2475	2475	(3) issue a final order.
2476	2476	(f) The final order may be appealed to the district court in
2477	2477	Comanche County. The substantial evidence rule applies to the
2478	2478	appeal. (Acts 74th Leg., R.S., Ch. 132, Secs. 3.20(a), (c), (d).)
2479	2479	Sec. 1074.115. AUTHORITY TO SUE AND BE SUED. The district,
2480	2480	through the board, may sue and be sued. (Acts 74th Leg., R.S., Ch.
2481	2481	132, Sec. 3.09(b) (part).)
2482	2482	[Sections 1074.116-1074.150 reserved for expansion]
2483	2483	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2484	2484	Sec. 1074.151. BUDGET. (a) The district administrator
2485	2485	shall prepare an annual budget for approval by the board.
2486	2486	(b) The proposed budget must contain a complete financial
2487	2487	statement of:
2488	2488	(1) the outstanding obligations of the district;
2489	2489	(2) the cash on hand to the credit of each district
2490	2490	fund;
2491	2491	(3) the money received by the district from all
2492	2492	sources during the previous year;
2493	2493	(4) the money available to the district from all
2494	2494	sources during the ensuing year;
2495	2495	(5) the balances expected at the end of the year in
2496	2496	which the budget is being prepared;
2497	2497	(6) the estimated revenues and balances available to
2498	2498	cover the proposed budget; and
2499	2499	(7) the estimated tax rate required. (Acts 74th Leg.,
2500	2500	R.S., Ch. 132, Sec. 3.10(c).)
2501	2501	Sec. 1074.152. NOTICE; HEARING; APPROVAL OF BUDGET. (a)
2502	2502	The board shall hold a public hearing on the proposed annual budget.
2503	2503	(b) At least 10 days before the date of the hearing, notice
2504	2504	of the hearing must be published one time in a newspaper of general
2505	2505	circulation in the district.
2506	2506	(c) Any district resident is entitled to be present and
2507	2507	participate at the hearing.
2508	2508	(d) The board shall act on the budget proposed by the
2509	2509	district administrator. The board may make any changes in the
2510	2510	proposed budget that the board determines the law warrants and are
2511	2511	in the interests of the taxpayers. The board must approve the
2512	2512	budget. (Acts 74th Leg., R.S., Ch. 132, Secs. 3.10(d), (e), (g)
2513	2513	(part).)
2514	2514	Sec. 1074.153. AMENDMENTS TO BUDGET. The budget may be
2515	2515	amended as required by circumstances. The board must approve all
2516	2516	amendments. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.10(g) (part).)
2517	2517	Sec. 1074.154. RESTRICTION ON EXPENDITURES. Money may be
2518	2518	spent only for an expense included in the budget or an amendment to
2519	2519	the budget. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.10(f).)
2520	2520	Sec. 1074.155. FISCAL YEAR. (a) The district operates
2521	2521	according to a fiscal year established by the board.
2522	2522	(b) The fiscal year may not be changed:
2523	2523	(1) during a period that revenue bonds of the district
2524	2524	are outstanding; or
2525	2525	(2) more than once in a 24-month period. (Acts 74th
2526	2526	Leg., R.S., Ch. 132, Sec. 3.10(a).)
2527	2527	Sec. 1074.156. ANNUAL AUDIT. The board annually shall have
2528	2528	an audit made of the district's financial condition. (Acts 74th
2529	2529	Leg., R.S., Ch. 132, Sec. 3.10(b) (part).)
2530	2530	Sec. 1074.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
2531	2531	RECORDS. The annual audit and other district records shall be open
2532	2532	to inspection at the district's principal office. (Acts 74th Leg.,
2533	2533	R.S., Ch. 132, Sec. 3.10(b) (part).)
2534	2534	Sec. 1074.158. FINANCIAL REPORT. As soon as practicable
2535	2535	after the close of each fiscal year, the district administrator
2536	2536	shall prepare for the board:
2537	2537	(1) a complete sworn statement of all district money;
2538	2538	and
2539	2539	(2) a complete account of the disbursements of that
2540	2540	money. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.10(h).)
2541	2541	Sec. 1074.159. DEPOSITORY. (a) The board shall select one
2542	2542	or more banks to serve as a depository for district money.
2543	2543	(b) All district money, other than money invested as
2544	2544	provided by Section 1074.160 and money transmitted to a bank for
2545	2545	payment of bonds or obligations issued or assumed by the district,
2546	2546	shall be deposited as received with the depository bank and shall
2547	2547	remain on deposit.
2548	2548	(c) This section does not limit the power of the board to
2549	2549	place a part of district money on time deposit or to purchase
2550	2550	certificates of deposit. (Acts 74th Leg., R.S., Ch. 132, Sec.
2551	2551	3.15(h).)
2552	2552	Sec. 1074.160. INVESTMENT RESTRICTIONS. The board may
2553	2553	invest operating, depreciation, or building reserves only in funds
2554	2554	or securities specified by Chapter 2256, Government Code. (Acts
2555	2555	74th Leg., R.S., Ch. 132, Sec. 3.09(a) (part).)
2556	2556	Sec. 1074.161. AUTHORITY TO BORROW MONEY; SECURITY. (a)
2557	2557	The board may borrow money at a rate not to exceed the maximum
2558	2558	annual percentage rate allowed by law for authorized district
2559	2559	obligations at the time the loan is made if the board declares that:
2560	2560	(1) money is not available to meet authorized
2561	2561	obligations of the district; and
2562	2562	(2) an emergency exists.
2563	2563	(b) To secure a loan, the board may pledge:
2564	2564	(1) district revenue that is not pledged to pay the
2565	2565	district's bonded indebtedness;
2566	2566	(2) district taxes to be imposed by the district in the
2567	2567	12-month period following the date of the pledge that are not
2568	2568	pledged to pay the principal of or interest on district bonds; or
2569	2569	(3) district bonds that have been authorized but not
2570	2570	sold.
2571	2571	(c) A loan for which taxes or bonds are pledged must mature
2572	2572	not later than the first anniversary of the date the loan is made. A
2573	2573	loan for which district revenue is pledged must mature not later
2574	2574	than the fifth anniversary of the date the loan is made.
2575	2575	(d) Money obtained from a loan under this section may be
2576	2576	spent only for:
2577	2577	(1) a purpose for which the board declared an
2578	2578	emergency; and
2579	2579	(2) if district taxes or bonds are pledged to pay the
2580	2580	loan, the purposes for which the pledged taxes were imposed or the
2581	2581	bonds were authorized. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.22.)
2582	2582	[Sections 1074.162-1074.200 reserved for expansion]
2583	2583	SUBCHAPTER E. BONDS
2584	2584	Sec. 1074.201. GENERAL OBLIGATION BONDS. The board may
2585	2585	issue and sell general obligation bonds in the name and on the faith
2586	2586	and credit of the district for:
2587	2587	(1) the purchase, construction, acquisition, repair,
2588	2588	or renovation of buildings or improvements;
2589	2589	(2) equipping buildings or improvements for hospital
2590	2590	purposes; or
2591	2591	(3) acquiring and operating a mobile emergency
2592	2592	service. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.11(a).)
2593	2593	Sec. 1074.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
2594	2594	the time general obligation bonds are issued by the district, the
2595	2595	board shall impose an ad valorem tax at a rate sufficient to create
2596	2596	an interest and sinking fund and to pay the principal of and
2597	2597	interest on the bonds as the bonds mature.
2598	2598	(b) The tax required by this section together with any other
2599	2599	tax imposed for the district may not in any year exceed the limit
2600	2600	approved by the voters at the election authorizing the imposition
2601	2601	of the tax. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.11(b).)
2602	2602	Sec. 1074.203. REVENUE BONDS. (a) The board may issue
2603	2603	revenue bonds to:
2604	2604	(1) purchase, construct, acquire, repair, equip, or
2605	2605	renovate a building or improvement for hospital purposes;
2606	2606	(2) acquire a site for hospital purposes; or
2607	2607	(3) acquire and operate a mobile emergency service to
2608	2608	assist the district in carrying out its hospital purposes.
2609	2609	(b) The bonds must be payable from and secured by a pledge of
2610	2610	all or part of district revenue derived from the operation of the
2611	2611	district's hospital system.
2612	2612	(c) The bonds may be additionally secured by a mortgage or
2613	2613	deed of trust lien on all or any part of district property.
2614	2614	(d) The bonds must be issued in the manner and in accordance
2615	2615	with the procedures and requirements prescribed by Chapter 264,
2616	2616	Health and Safety Code, for the issuance of revenue bonds by a
2617	2617	county hospital authority. (Acts 74th Leg., R.S., Ch. 132, Secs.
2618	2618	3.14(a) (part), (b), (c).)
2619	2619	Sec. 1074.204. REFUNDING BONDS. (a) The board may, without
2620	2620	an election, issue refunding bonds to refund outstanding
2621	2621	indebtedness issued or assumed by the district.
2622	2622	(b) A refunding bond may be:
2623	2623	(1) sold, with the proceeds of the refunding bond
2624	2624	applied to the payment of outstanding indebtedness; or
2625	2625	(2) exchanged wholly or partly for not less than a
2626	2626	similar principal amount of the outstanding indebtedness. (Acts
2627	2627	74th Leg., R.S., Ch. 132, Secs. 3.12(a), (b), 3.14(a) (part).)
2628	2628	Sec. 1074.205. BOND ELECTION. (a) The district may issue
2629	2629	bonds, other than refunding bonds, to be wholly or partly secured by
2630	2630	an ad valorem tax only if the bonds are authorized by a majority of
2631	2631	the district voters at an election that is held in the district.
2632	2632	(b) The bond election order must specify:
2633	2633	(1) the nature and date of the election;
2634	2634	(2) the location of the polling places;
2635	2635	(3) the hours during which the polls will be open;
2636	2636	(4) the amount of the bonds to be authorized; and
2637	2637	(5) the maximum maturity of the bonds.
2638	2638	(c) Notice of a bond election shall be given as provided by
2639	2639	Section 1251.003, Government Code. (Acts 74th Leg., R.S., Ch. 132,
2640	2640	Secs. 3.11(c), (d), (e), 3.14A(b).)
2641	2641	Sec. 1074.206. MATURITY OF BONDS. District bonds must
2642	2642	mature not later than the 40th anniversary of the date of issuance.
2643	2643	(Acts 74th Leg., R.S., Ch. 132, Sec. 3.13(a) (part).)
2644	2644	Sec. 1074.207. EXECUTION OF BONDS. The board president
2645	2645	shall execute the district's bonds in the district's name, and the
2646	2646	board secretary shall countersign the bonds in the manner provided
2647	2647	by Chapter 618, Government Code. (Acts 74th Leg., R.S., Ch. 132,
2648	2648	Sec. 3.13(a) (part).)
2649	2649	Sec. 1074.208. ADDITIONAL MEANS OF SECURING PAYMENT OF
2650	2650	BONDS. In addition to the authority to issue general obligation
2651	2651	bonds and revenue bonds under this subchapter, the board may
2652	2652	provide for the security and payment of district bonds from a pledge
2653	2653	of a combination of ad valorem taxes as authorized by Section
2654	2654	1074.202 and revenue and other sources as authorized by Section
2655	2655	1074.203. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.14A(a).)
2656	2656	Sec. 1074.209. USE OF BOND PROCEEDS. The district may use
2657	2657	the proceeds of bonds issued under this subchapter to pay:
2658	2658	(1) any expense the board determines is reasonable and
2659	2659	necessary to issue, sell, and deliver the bonds;
2660	2660	(2) interest payments on the bonds during a period of
2661	2661	acquisition or construction of a project or facility to be provided
2662	2662	through the bonds, not to exceed five years;
2663	2663	(3) costs related to the operation and maintenance of
2664	2664	a project or facility to be provided through the bonds:
2665	2665	(A) during an estimated period of acquisition or
2666	2666	construction, not to exceed five years; and
2667	2667	(B) for one year after the project or facility is
2668	2668	acquired or constructed;
2669	2669	(4) costs related to the financing of the bond funds,
2670	2670	including debt service reserve and contingency funds;
2671	2671	(5) costs related to the issuance of the bonds;
2672	2672	(6) costs related to the acquisition of land or
2673	2673	interest in land for a project or facility to be provided through
2674	2674	the bonds; and
2675	2675	(7) construction costs of a project or facility to be
2676	2676	provided through the bonds, including the payment of related
2677	2677	professional services and expenses. (Acts 74th Leg., R.S., Ch.
2678	2678	132, Sec. 3.14B.)
2679	2679	Sec. 1074.210. BONDS EXEMPT FROM TAXATION. The following
2680	2680	are exempt from taxation by this state or a political subdivision of
2681	2681	this state:
2682	2682	(1) bonds issued by the district;
2683	2683	(2) the transfer and issuance from the bonds; or
2684	2684	(3) any profits made in the sale of the bonds. (Acts
2685	2685	74th Leg., R.S., Ch. 132, Sec. 3.25 (part).)
2686	2686	Sec. 1074.211. SECURITY OF CERTAIN BONDS. Bonds authorized
2687	2687	at an election held in the district before May 20, 2003, may be
2688	2688	payable from and secured by:
2689	2689	(1) taxes as authorized by the election; or
2690	2690	(2) a pledge of a combination of ad valorem taxes,
2691	2691	revenues, and other sources as authorized by Section 1074.208.
2692	2692	(Acts 74th Leg., R.S., Ch. 132, Sec. 3.14A(c).)
2693	2693	[Sections 1074.212-1074.250 reserved for expansion]
2694	2694	SUBCHAPTER F. TAXES
2695	2695	Sec. 1074.251. IMPOSITION OF AD VALOREM TAX. (a) The board
2696	2696	shall annually impose a tax to pay:
2697	2697	(1) indebtedness issued or assumed by the district;
2698	2698	and
2699	2699	(2) district maintenance and operating expenses.
2700	2700	(b) The district may not impose a tax to pay the principal of
2701	2701	or interest on revenue bonds issued under Section 1074.203. (Acts
2702	2702	74th Leg., R.S., Ch. 132, Secs. 3.16(a) (part), (b).)
2703	2703	Sec. 1074.252. TAX RATE. (a) The board may impose the tax
2704	2704	at a rate not to exceed the limit approved by the voters.
2705	2705	(b) In setting the tax rate, the board shall consider the
2706	2706	income of the district from sources other than taxation. (Acts 74th
2707	2707	Leg., R.S., Ch. 132, Secs. 3.16(a) (part), (c) (part).)
2708	2708	Sec. 1074.253. TAX ASSESSOR-COLLECTOR. The board may
2709	2709	provide for the appointment of a tax assessor-collector for the
2710	2710	district or may contract for the assessment and collection of taxes
2711	2711	as provided by the Tax Code. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.19(c).)
2712	2712	CHAPTER 1086. CROSBY COUNTY HOSPITAL DISTRICT
2713	2713	SUBCHAPTER A. GENERAL PROVISIONS
2714	2714	Sec. 1086.001. DEFINITIONS
2715	2715	Sec. 1086.002. AUTHORITY FOR OPERATION
2716	2716	Sec. 1086.003. ESSENTIAL PUBLIC FUNCTION
2717	2717	Sec. 1086.004. DISTRICT TERRITORY
2718	2718	Sec. 1086.005. DISTRICT SUPPORT OR MAINTENANCE NOT
2719	2719	STATE OBLIGATION
2720	2720	Sec. 1086.006. RESTRICTION ON STATE FINANCIAL
2721	2721	ASSISTANCE
2722	2722	[Sections 1086.007-1086.050 reserved for expansion]
2723	2723	SUBCHAPTER B. DISTRICT ADMINISTRATION
2724	2724	Sec. 1086.051. BOARD ELECTION AND APPOINTMENT; TERM
2725	2725	Sec. 1086.052. NOTICE OF ELECTION
2726	2726	Sec. 1086.053. BALLOT PETITION
2727	2727	Sec. 1086.054. QUALIFICATIONS FOR OFFICE
2728	2728	Sec. 1086.055. BOND; RECORD OF BOND
2729	2729	Sec. 1086.056. BOARD VACANCY
2730	2730	Sec. 1086.057. OFFICERS
2731	2731	Sec. 1086.058. COMPENSATION; EXPENSES
2732	2732	Sec. 1086.059. VOTING REQUIREMENT
2733	2733	Sec. 1086.060. DISTRICT ADMINISTRATOR
2734	2734	Sec. 1086.061. GENERAL DUTIES OF DISTRICT
2735	2735	ADMINISTRATOR
2736	2736	Sec. 1086.062. ASSISTANT DISTRICT ADMINISTRATOR;
2737	2737	ATTORNEY
2738	2738	Sec. 1086.063. APPOINTMENT OF STAFF AND EMPLOYEES
2739	2739	Sec. 1086.064. RETIREMENT BENEFITS
2740	2740	[Sections 1086.065-1086.100 reserved for expansion]
2741	2741	SUBCHAPTER C. POWERS AND DUTIES
2742	2742	Sec. 1086.101. DISTRICT RESPONSIBILITY
2743	2743	Sec. 1086.102. RESTRICTION ON GOVERNMENTAL ENTITY
2744	2744	TAXATION AND DEBT
2745	2745	Sec. 1086.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
2746	2746	Sec. 1086.104. RULES
2747	2747	Sec. 1086.105. PURCHASING AND ACCOUNTING PROCEDURES
2748	2748	Sec. 1086.106. MOBILE EMERGENCY MEDICAL SERVICE
2749	2749	Sec. 1086.107. DISTRICT PROPERTY, FACILITIES, AND
2750	2750	EQUIPMENT
2751	2751	Sec. 1086.108. EMINENT DOMAIN
2752	2752	Sec. 1086.109. COST OF RELOCATING OR ALTERING PROPERTY
2753	2753	Sec. 1086.110. GIFTS AND ENDOWMENTS
2754	2754	Sec. 1086.111. CONSTRUCTION CONTRACTS
2755	2755	Sec. 1086.112. OPERATING AND MANAGEMENT CONTRACTS
2756	2756	Sec. 1086.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
2757	2757	FOR SERVICES
2758	2758	Sec. 1086.114. PAYMENT FOR TREATMENT; PROCEDURES
2759	2759	Sec. 1086.115. REIMBURSEMENT FOR SERVICES
2760	2760	Sec. 1086.116. AUTHORITY TO SUE AND BE SUED
2761	2761	[Sections 1086.117-1086.150 reserved for expansion]
2762	2762	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2763	2763	Sec. 1086.151. BUDGET
2764	2764	Sec. 1086.152. NOTICE; HEARING; ADOPTION OF BUDGET
2765	2765	Sec. 1086.153. AMENDMENTS TO BUDGET
2766	2766	Sec. 1086.154. RESTRICTION ON EXPENDITURES
2767	2767	Sec. 1086.155. FISCAL YEAR
2768	2768	Sec. 1086.156. ANNUAL AUDIT
2769	2769	Sec. 1086.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
2770	2770	RECORDS
2771	2771	Sec. 1086.158. FINANCIAL REPORT
2772	2772	Sec. 1086.159. DEPOSITORY
2773	2773	Sec. 1086.160. SPENDING AND INVESTMENT RESTRICTIONS
2774	2774	[Sections 1086.161-1086.200 reserved for expansion]
2775	2775	SUBCHAPTER E. BONDS
2776	2776	Sec. 1086.201. GENERAL OBLIGATION BONDS
2777	2777	Sec. 1086.202. TAX TO PAY GENERAL OBLIGATION BONDS
2778	2778	Sec. 1086.203. GENERAL OBLIGATION BOND ELECTION
2779	2779	Sec. 1086.204. REVENUE BONDS
2780	2780	Sec. 1086.205. REFUNDING BONDS
2781	2781	Sec. 1086.206. MATURITY OF BONDS
2782	2782	Sec. 1086.207. EXECUTION OF BONDS
2783	2783	Sec. 1086.208. BONDS EXEMPT FROM TAXATION
2784	2784	[Sections 1086.209-1086.250 reserved for expansion]
2785	2785	SUBCHAPTER F. TAXES
2786	2786	Sec. 1086.251. IMPOSITION OF AD VALOREM TAX
2787	2787	Sec. 1086.252. TAX RATE
2788	2788	Sec. 1086.253. TAX ASSESSOR-COLLECTOR
2789	2789	CHAPTER 1086. CROSBY COUNTY HOSPITAL DISTRICT
2790	2790	SUBCHAPTER A. GENERAL PROVISIONS
2791	2791	Sec. 1086.001. DEFINITIONS. In this chapter:
2792	2792	(1) "Board" means the board of directors of the
2793	2793	district.
2794	2794	(2) "Director" means a member of the board.
2795	2795	(3) "District" means the Crosby County Hospital
2796	2796	District. (Acts 71st Leg., R.S., Ch. 548, Sec. 1.01.)
2797	2797	Sec. 1086.002. AUTHORITY FOR OPERATION. The Crosby County
2798	2798	Hospital District operates and is financed as provided by Section
2799	2799	9, Article IX, Texas Constitution, and by this chapter. (Acts 71st
2800	2800	Leg., R.S., Ch. 548, Sec. 1.02.)
2801	2801	Sec. 1086.003. ESSENTIAL PUBLIC FUNCTION. The district is
2802	2802	a public entity performing an essential public function. (Acts
2803	2803	71st Leg., R.S., Ch. 548, Sec. 7.11 (part).)
2804	2804	Sec. 1086.004. DISTRICT TERRITORY. The boundaries of the
2805	2805	district are coextensive with the boundaries of Crosby County,
2806	2806	Texas. (Acts 71st Leg., R.S., Ch. 548, Sec. 1.03.)
2807	2807	Sec. 1086.005. DISTRICT SUPPORT OR MAINTENANCE NOT STATE
2808	2808	OBLIGATION. This state may not become obligated for the support or
2809	2809	maintenance of the district. (Acts 71st Leg., R.S., Ch. 548, Sec.
2810	2810	9.01 (part).)
2811	2811	Sec. 1086.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
2812	2812	The legislature may not make a direct appropriation for the
2813	2813	construction, maintenance, or improvement of a district facility.
2814	2814	(Acts 71st Leg., R.S., Ch. 548, Sec. 9.01 (part).)
2815	2815	[Sections 1086.007-1086.050 reserved for expansion]
2816	2816	SUBCHAPTER B. DISTRICT ADMINISTRATION
2817	2817	Sec. 1086.051. BOARD ELECTION AND APPOINTMENT; TERM. (a)
2818	2818	The district is governed by a board of 12 directors as follows:
2819	2819	(1) two directors elected from each commissioners
2820	2820	precinct; and
2821	2821	(2) four directors appointed by the Crosby County
2822	2822	Commissioners Court.
2823	2823	(b) Directors serve staggered two-year terms.
2824	2824	(c) A directors' election shall be held annually on the May
2825	2825	uniform election date to elect the appropriate number of directors.
2826	2826	(d) The commissioners court shall annually within 10 days of
2827	2827	the date that elected directors are elected appoint the appropriate
2828	2828	number of directors. (Acts 71st Leg., R.S., Ch. 548, Secs. 4.01(a),
2829	2829	4.03(a), (d).)
2830	2830	Sec. 1086.052. NOTICE OF ELECTION. Not later than the 35th
2831	2831	day before the date of a directors' election, notice of the election
2832	2832	must be published one time in a newspaper with general circulation
2833	2833	in the district. (Acts 71st Leg., R.S., Ch. 548, Sec. 4.04.)
2834	2834	Sec. 1086.053. BALLOT PETITION. A person who wants to have
2835	2835	the person's name printed on the ballot as a candidate for a
2836	2836	position as an elected director must file with the board secretary a
2837	2837	petition requesting that action. The petition must:
2838	2838	(1) be signed by at least 10 registered voters of the
2839	2839	district, as determined by the most recent official list of
2840	2840	registered voters;
2841	2841	(2) be filed by the deadline imposed by Section
2842	2842	144.005, Election Code; and
2843	2843	(3) specify the commissioners precinct the candidate
2844	2844	wants to represent. (Acts 71st Leg., R.S., Ch. 548, Sec. 4.05.)
2845	2845	Sec. 1086.054. QUALIFICATIONS FOR OFFICE. (a) To be
2846	2846	eligible to be a candidate for an elected position or to serve as an
2847	2847	elected director, a person must be:
2848	2848	(1) a resident of the district; and
2849	2849	(2) a registered voter.
2850	2850	(b) To be eligible to serve as an appointed director, a
2851	2851	person must be a registered voter.
2852	2852	(c) In addition to the qualifications required by
2853	2853	Subsection (a), a person who is elected from a commissioners
2854	2854	precinct or who is appointed to fill a vacancy for a commissioners
2855	2855	precinct must be a resident of that commissioners precinct.
2856	2856	(d) A district employee may not serve as a director. (Acts
2857	2857	71st Leg., R.S., Ch. 548, Sec. 4.06.)
2858	2858	Sec. 1086.055. BOND; RECORD OF BOND. (a) Before assuming
2859	2859	the duties of office, each director must execute a bond for $5,000
2860	2860	that is:
2861	2861	(1) payable to the district; and
2862	2862	(2) conditioned on the faithful performance of the
2863	2863	director's duties.
2864	2864	(b) The board may pay for directors' bonds with district
2865	2865	money.
2866	2866	(c) Each director's bond shall be kept in the district's
2867	2867	permanent records. (Acts 71st Leg., R.S., Ch. 548, Sec. 4.07.)
2868	2868	Sec. 1086.056. BOARD VACANCY. If a vacancy occurs in the
2869	2869	office of director, the remaining directors shall appoint a
2870	2870	director for the unexpired term. (Acts 71st Leg., R.S., Ch. 548,
2871	2871	Sec. 4.08.)
2872	2872	Sec. 1086.057. OFFICERS. (a) The board shall elect from
2873	2873	among its members a president and a vice president.
2874	2874	(b) The board shall appoint a secretary, who need not be a
2875	2875	director.
2876	2876	(c) The president may vote only to break a tie vote.
2877	2877	(d) Each officer of the board serves a one-year term.
2878	2878	(e) The board shall fill a vacancy in a board office for the
2879	2879	unexpired term. (Acts 71st Leg., R.S., Ch. 548, Secs. 4.09, 4.10.)
2880	2880	Sec. 1086.058. COMPENSATION; EXPENSES. A director or
2881	2881	officer serves without compensation but may be reimbursed for
2882	2882	actual expenses incurred in the performance of official duties.
2883	2883	The expenses must be:
2884	2884	(1) reported in the district's records; and
2885	2885	(2) approved by the board. (Acts 71st Leg., R.S., Ch.
2886	2886	548, Sec. 4.11.)
2887	2887	Sec. 1086.059. VOTING REQUIREMENT. A concurrence of a
2888	2888	majority of the directors voting is necessary in any matter
2889	2889	relating to district business. (Acts 71st Leg., R.S., Ch. 548, Sec.
2890	2890	4.12.)
2891	2891	Sec. 1086.060. DISTRICT ADMINISTRATOR. (a) The board may
2892	2892	appoint a qualified person as district administrator.
2893	2893	(b) The district administrator serves at the will of the
2894	2894	board and is entitled to compensation as determined by the board.
2895	2895	(c) Before assuming the duties of district administrator,
2896	2896	the administrator must execute a bond in an amount determined by the
2897	2897	board of not less than $5,000 that is:
2898	2898	(1) payable to the district; and
2899	2899	(2) conditioned on the faithful performance of the
2900	2900	administrator's duties under this chapter.
2901	2901	(d) The board may pay for the bond with district money.
2902	2902	(Acts 71st Leg., R.S., Ch. 548, Secs. 4.13(a) (part), (b) (part),
2903	2903	(c) (part), (d).)
2904	2904	Sec. 1086.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
2905	2905	Subject to the limitations prescribed by the board, the district
2906	2906	administrator shall:
2907	2907	(1) supervise the work and activities of the district;
2908	2908	and
2909	2909	(2) direct the general affairs of the district. (Acts
2910	2910	71st Leg., R.S., Ch. 548, Sec. 4.16.)
2911	2911	Sec. 1086.062. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
2912	2912	(a) The board may appoint qualified persons as:
2913	2913	(1) the assistant district administrator; and
2914	2914	(2) the attorney for the district.
2915	2915	(b) The assistant district administrator and the attorney
2916	2916	for the district serve at the will of the board and are entitled to
2917	2917	compensation as determined by the board. (Acts 71st Leg., R.S., Ch.
2918	2918	548, Secs. 4.13(a) (part), (b) (part), (c) (part).)
2919	2919	Sec. 1086.063. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
2920	2920	board may appoint to the staff any doctors the board considers
2921	2921	necessary for the efficient operation of the district and may make
2922	2922	temporary appointments as considered necessary.
2923	2923	(b) The district may employ technicians, nurses, fiscal
2924	2924	agents, accountants, architects, additional attorneys, and other
2925	2925	necessary employees.
2926	2926	(c) The board may delegate to the district administrator the
2927	2927	authority to employ persons for the district. (Acts 71st Leg.,
2928	2928	R.S., Ch. 548, Secs. 4.14, 4.15.)
2929	2929	Sec. 1086.064. RETIREMENT BENEFITS. The board may provide
2930	2930	retirement benefits for district employees by:
2931	2931	(1) establishing or administering a retirement
2932	2932	program; or
2933	2933	(2) participating in:
2934	2934	(A) the Texas County and District Retirement
2935	2935	System; or
2936	2936	(B) another statewide retirement system in which
2937	2937	the district is eligible to participate. (Acts 71st Leg., R.S., Ch.
2938	2938	548, Sec. 4.17.)
2939	2939	[Sections 1086.065-1086.100 reserved for expansion]
2940	2940	SUBCHAPTER C. POWERS AND DUTIES
2941	2941	Sec. 1086.101. DISTRICT RESPONSIBILITY. The district has
2942	2942	full responsibility for operating hospital facilities and for
2943	2943	providing medical and hospital care for the district's needy
2944	2944	inhabitants. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.02 (part).)
2945	2945	Sec. 1086.102. RESTRICTION ON GOVERNMENTAL ENTITY TAXATION
2946	2946	AND DEBT. Crosby County, the City of Ralls, Crosbyton, or Lorenzo,
2947	2947	or any other governmental entity in which the district is located
2948	2948	may not impose a tax or issue bonds or other obligations for
2949	2949	hospital purposes or to provide medical care for district
2950	2950	residents. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.01(b).)
2951	2951	Sec. 1086.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
2952	2952	The board shall manage, control, and administer the hospital system
2953	2953	and the district's money and resources. (Acts 71st Leg., R.S., Ch.
2954	2954	548, Sec. 5.03.)
2955	2955	Sec. 1086.104. RULES. The board may adopt rules governing:
2956	2956	(1) the operation of the hospital and hospital system;
2957	2957	and
2958	2958	(2) the duties, functions, and responsibilities of
2959	2959	district staff and employees. (Acts 71st Leg., R.S., Ch. 548, Sec.
2960	2960	5.04.)
2961	2961	Sec. 1086.105. PURCHASING AND ACCOUNTING PROCEDURES. The
2962	2962	board may prescribe:
2963	2963	(1) the method of making purchases and expenditures by
2964	2964	and for the district; and
2965	2965	(2) accounting and control procedures for the
2966	2966	district. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.05.)
2967	2967	Sec. 1086.106. MOBILE EMERGENCY MEDICAL SERVICE. The
2968	2968	district may operate or provide for the operation of a mobile
2969	2969	emergency medical service. (Acts 71st Leg., R.S., Ch. 548, Sec.
2970	2970	5.02 (part).)
2971	2971	Sec. 1086.107. DISTRICT PROPERTY, FACILITIES, AND
2972	2972	EQUIPMENT. (a) The board shall determine:
2973	2973	(1) the type, number, and location of buildings
2974	2974	required to maintain an adequate hospital system; and
2975	2975	(2) the type of equipment necessary for hospital care.
2976	2976	(b) The board may:
2977	2977	(1) acquire property, including facilities and
2978	2978	equipment, for the district for use in the hospital system; and
2979	2979	(2) mortgage or pledge the property as security for
2980	2980	the payment of the purchase price.
2981	2981	(c) The board may lease hospital facilities for the
2982	2982	district.
2983	2983	(d) The board may sell or otherwise dispose of property,
2984	2984	including facilities or equipment, for the district. (Acts 71st
2985	2985	Leg., R.S., Ch. 548, Sec. 5.06.)
2986	2986	Sec. 1086.108. EMINENT DOMAIN. (a) The district may
2987	2987	exercise the power of eminent domain to acquire a fee simple or
2988	2988	other interest in property located in district territory if the
2989	2989	interest is necessary to exercise a right or authority conferred by
2990	2990	this chapter.
2991	2991	(b) The district must exercise the power of eminent domain
2992	2992	in the manner provided by Chapter 21, Property Code, except the
2993	2993	district is not required to deposit in the trial court money or a
2994	2994	bond as provided by Section 21.021(a), Property Code.
2995	2995	(c) In a condemnation proceeding brought by the district,
2996	2996	the district is not required to:
2997	2997	(1) pay in advance or provide a bond or other security
2998	2998	for costs in the trial court;
2999	2999	(2) provide a bond for the issuance of a temporary
3000	3000	restraining order or a temporary injunction; or
3001	3001	(3) provide a bond for costs or a supersedeas bond on
3002	3002	an appeal or petition for review. (Acts 71st Leg., R.S., Ch. 548,
3003	3003	Sec. 5.09.)
3004	3004	Sec. 1086.109. COST OF RELOCATING OR ALTERING PROPERTY. In
3005	3005	exercising the power of eminent domain, if the board requires
3006	3006	relocating, raising, lowering, rerouting, changing the grade, or
3007	3007	altering the construction of any railroad, highway, pipeline, or
3008	3008	electric transmission and electric distribution, telegraph, or
3009	3009	telephone line, conduit, pole, or facility, the district must bear
3010	3010	the actual cost of relocating, raising, lowering, rerouting,
3011	3011	changing the grade, or altering the construction to provide
3012	3012	comparable replacement without enhancement of facilities, after
3013	3013	deducting the net salvage value derived from the old facility.
3014	3014	(Acts 71st Leg., R.S., Ch. 548, Sec. 5.10.)
3015	3015	Sec. 1086.110. GIFTS AND ENDOWMENTS. The board may accept
3016	3016	for the district a gift or endowment to be held in trust for any
3017	3017	purpose and under any direction, limitation, or other provision
3018	3018	prescribed in writing by the donor that is consistent with the
3019	3019	proper management of the district. (Acts 71st Leg., R.S., Ch. 548,
3020	3020	Sec. 5.14.)
3021	3021	Sec. 1086.111. CONSTRUCTION CONTRACTS. (a) The board may
3022	3022	enter into construction contracts for the district.
3023	3023	(b) The board may enter into a construction contract that
3024	3024	involves the expenditure of more than the amount provided by
3025	3025	Section 271.024, Local Government Code, only after competitive
3026	3026	bidding as provided by Subchapter B, Chapter 271, Local Government
3027	3027	Code. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.07(a).)
3028	3028	Sec. 1086.112. OPERATING AND MANAGEMENT CONTRACTS. The
3029	3029	board may enter into an operating or management contract relating
3030	3030	to a hospital facility for the district. (Acts 71st Leg., R.S., Ch.
3031	3031	548, Sec. 5.08.)
3032	3032	Sec. 1086.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
3033	3033	SERVICES. The board may contract with a political subdivision of
3034	3034	this state or with a state or federal agency for the district to:
3035	3035	(1) furnish a mobile emergency medical service; or
3036	3036	(2) provide for the investigatory or welfare needs of
3037	3037	district inhabitants. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.13.)
3038	3038	Sec. 1086.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
3039	3039	When a patient who resides in the district is admitted to a district
3040	3040	facility, the district administrator may have an inquiry made into
3041	3041	the financial circumstances of:
3042	3042	(1) the patient; or
3043	3043	(2) a relative of the patient legally responsible for
3044	3044	the patient's support.
3045	3045	(b) The district without charge shall provide to a patient
3046	3046	who resides in the district the care and treatment that the patient
3047	3047	or a relative of the patient legally responsible for the patient's
3048	3048	support cannot pay.
3049	3049	(c) On determining that the patient or a relative legally
3050	3050	responsible for the patient's support can pay for all or part of the
3051	3051	care and treatment provided by the district, the district
3052	3052	administrator shall report that determination to the board, and the
3053	3053	board shall issue an order directing the patient or the relative to
3054	3054	pay the district a specified amount each week. The amount must be
3055	3055	based on the individual's ability to pay.
3056	3056	(d) The district administrator may collect money owed to the
3057	3057	district from the patient's estate or from that of a relative
3058	3058	legally responsible for the patient's support in the manner
3059	3059	provided by law for collection of expenses of the last illness of a
3060	3060	deceased person.
3061	3061	(e) If there is a dispute relating to an individual's
3062	3062	ability to pay or if the district administrator has any doubt
3063	3063	concerning an individual's ability to pay, the board shall:
3064	3064	(1) call witnesses;
3065	3065	(2) hear and resolve the question; and
3066	3066	(3) issue a final order.
3067	3067	(f) The final order of the board may be appealed to a
3068	3068	district court in Crosby County. The substantial evidence rule
3069	3069	applies to the appeal. (Acts 71st Leg., R.S., Ch. 548, Secs.
3070	3070	5.11(a), (c), (d), (e), (f).)
3071	3071	Sec. 1086.115. REIMBURSEMENT FOR SERVICES. (a) The board
3072	3072	shall require a county, municipality, or public hospital located
3073	3073	outside the district to reimburse the district for the district's
3074	3074	care and treatment of a sick or injured person of that county,
3075	3075	municipality, or public hospital as provided by Chapter 61, Health
3076	3076	and Safety Code.
3077	3077	(b) The board shall require the sheriff of Crosby County or
3078	3078	the police chief of the City of Crosbyton, Ralls, or Lorenzo, as
3079	3079	appropriate, to reimburse the district for the district's care and
3080	3080	treatment of a person confined in a jail facility of Crosby County
3081	3081	or the City of Crosbyton, Ralls, or Lorenzo, as appropriate, who is
3082	3082	not a district resident.
3083	3083	(c) The board may contract with the state or federal
3084	3084	government for that government to reimburse the district for
3085	3085	treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch.
3086	3086	548, Sec. 5.12.)
3087	3087	Sec. 1086.116. AUTHORITY TO SUE AND BE SUED. The board may
3088	3088	sue and be sued on behalf of the district. (Acts 71st Leg., R.S.,
3089	3089	Ch. 548, Sec. 5.15.)
3090	3090	[Sections 1086.117-1086.150 reserved for expansion]
3091	3091	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3092	3092	Sec. 1086.151. BUDGET. (a) The district administrator
3093	3093	shall prepare a proposed annual budget for the district.
3094	3094	(b) The proposed budget must contain a complete financial
3095	3095	statement, including a statement of:
3096	3096	(1) the outstanding obligations of the district;
3097	3097	(2) the amount of cash on hand to the credit of each
3098	3098	district fund;
3099	3099	(3) the amount of money received by the district from
3100	3100	all sources during the previous year;
3101	3101	(4) the amount of money available to the district from
3102	3102	all sources during the ensuing year;
3103	3103	(5) the amount of the balances expected at the end of
3104	3104	the year in which the budget is being prepared;
3105	3105	(6) the estimated amount of revenue and balances
3106	3106	available to cover the proposed budget; and
3107	3107	(7) the estimated tax rate to be required. (Acts 71st
3108	3108	Leg., R.S., Ch. 548, Sec. 6.04.)
3109	3109	Sec. 1086.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
3110	3110	The board shall hold a public hearing on the proposed annual budget.
3111	3111	(b) The board shall publish notice of the hearing in a
3112	3112	newspaper of general circulation in the district not later than the
3113	3113	10th day before the date of the hearing.
3114	3114	(c) Any district resident is entitled to be present and
3115	3115	participate at the hearing.
3116	3116	(d) At the conclusion of the hearing, the board shall adopt
3117	3117	a budget by acting on the budget proposed by the district
3118	3118	administrator. The board may make any changes in the proposed
3119	3119	budget that the board judges to be in the interests of the
3120	3120	taxpayers.
3121	3121	(e) The budget is effective only after adoption by the
3122	3122	board. (Acts 71st Leg., R.S., Ch. 548, Sec. 6.05.)
3123	3123	Sec. 1086.153. AMENDMENTS TO BUDGET. After the annual
3124	3124	budget is adopted, the budget may be amended on the board's
3125	3125	approval. (Acts 71st Leg., R.S., Ch. 548, Sec. 6.06.)
3126	3126	Sec. 1086.154. RESTRICTION ON EXPENDITURES. Money may be
3127	3127	spent only for an expense included in the annual budget or an
3128	3128	amendment to the budget. (Acts 71st Leg., R.S., Ch. 548, Sec.
3129	3129	6.07.)
3130	3130	Sec. 1086.155. FISCAL YEAR. (a) The district operates
3131	3131	according to a fiscal year established by the board.
3132	3132	(b) The fiscal year may not be changed:
3133	3133	(1) during a period that revenue bonds of the district
3134	3134	are outstanding; or
3135	3135	(2) more than once in a 24-month period. (Acts 71st
3136	3136	Leg., R.S., Ch. 548, Sec. 6.01.)
3137	3137	Sec. 1086.156. ANNUAL AUDIT. The board annually shall have
3138	3138	an audit made of the district's financial condition. (Acts 71st
3139	3139	Leg., R.S., Ch. 548, Sec. 6.02.)
3140	3140	Sec. 1086.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
3141	3141	RECORDS. The annual audit and other district records are open to
3142	3142	inspection during regular business hours at the district's
3143	3143	principal office. (Acts 71st Leg., R.S., Ch. 548, Sec. 6.03.)
3144	3144	Sec. 1086.158. FINANCIAL REPORT. As soon as practicable
3145	3145	after the close of the fiscal year, the district administrator
3146	3146	shall prepare for the board:
3147	3147	(1) a sworn statement of the amount of district money;
3148	3148	and
3149	3149	(2) an account of the disbursements of that money.
3150	3150	(Acts 71st Leg., R.S., Ch. 548, Sec. 6.08.)
3151	3151	Sec. 1086.159. DEPOSITORY. (a) The board shall select at
3152	3152	least one bank to serve as a depository for district money.
3153	3153	(b) District money, other than money invested as provided by
3154	3154	Section 1086.160(b) and money transmitted to a bank of payment as a
3155	3155	trustee for bonds or obligations issued or assumed by the district,
3156	3156	shall be deposited as received with the depository bank and shall
3157	3157	remain on deposit. This subsection does not limit the power of the
3158	3158	board to:
3159	3159	(1) place a portion of district money on time deposit;
3160	3160	or
3161	3161	(2) purchase certificates of deposit.
3162	3162	(c) The district may not deposit money with a bank in an
3163	3163	amount that exceeds the maximum amount secured by the Federal
3164	3164	Deposit Insurance Corporation unless the bank first executes a bond
3165	3165	or other security in an amount sufficient to secure from loss the
3166	3166	district money that exceeds the amount secured by the Federal
3167	3167	Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 548,
3168	3168	Sec. 6.10.)
3169	3169	Sec. 1086.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
3170	3170	Except as provided by Sections 1086.111, 1086.201, 1086.204, and
3171	3171	1086.205, the district may not incur a debt payable from district
3172	3172	revenue other than the revenue on hand or to be on hand in the
3173	3173	current and immediately following district fiscal years.
3174	3174	(b) The board may invest operating, depreciation, or
3175	3175	building reserves only in funds or securities specified by Chapter
3176	3176	2256, Government Code. (Acts 71st Leg., R.S., Ch. 548, Sec. 6.09.)
3177	3177	[Sections 1086.161-1086.200 reserved for expansion]
3178	3178	SUBCHAPTER E. BONDS
3179	3179	Sec. 1086.201. GENERAL OBLIGATION BONDS. If authorized by
3180	3180	an election, the board may issue and sell general obligation bonds
3181	3181	in the name and on the faith and credit of the district to:
3182	3182	(1) purchase, construct, acquire, repair, or renovate
3183	3183	buildings or improvements;
3184	3184	(2) equip buildings or improvements for hospital
3185	3185	purposes; or
3186	3186	(3) acquire and operate a mobile emergency medical
3187	3187	service. (Acts 71st Leg., R.S., Ch. 548, Sec. 7.01.)
3188	3188	Sec. 1086.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
3189	3189	the time general obligation bonds are issued by the district, the
3190	3190	board shall impose an ad valorem tax at a rate sufficient to create
3191	3191	an interest and sinking fund to pay the principal of and interest on
3192	3192	the bonds as the bonds mature.
3193	3193	(b) The tax required by this section together with any other
3194	3194	ad valorem tax the district imposes may not in any year exceed the
3195	3195	limit approved by the voters at the election authorizing the
3196	3196	imposition of the tax. (Acts 71st Leg., R.S., Ch. 548, Sec. 7.02.)
3197	3197	Sec. 1086.203. GENERAL OBLIGATION BOND ELECTION. (a) The
3198	3198	district may issue general obligation bonds only if the bonds are
3199	3199	authorized by a majority of the district voters voting at an
3200	3200	election held for that purpose.
3201	3201	(b) The board may order a bond election.
3202	3202	(c) The order calling the election must specify:
3203	3203	(1) the nature and date of the election;
3204	3204	(2) the hours during which the polls will be open;
3205	3205	(3) the location of the polling places;
3206	3206	(4) the amount of the bonds to be authorized; and
3207	3207	(5) the maximum maturity of the bonds.
3208	3208	(d) Notice of a bond election shall be given as provided by
3209	3209	Section 1251.003, Government Code.
3210	3210	(e) The board shall declare the results of the election.
3211	3211	(Acts 71st Leg., R.S., Ch. 548, Sec. 7.03.)
3212	3212	Sec. 1086.204. REVENUE BONDS. (a) The board may issue
3213	3213	revenue bonds to:
3214	3214	(1) purchase, construct, acquire, repair, equip, or
3215	3215	renovate buildings or improvements for hospital purposes;
3216	3216	(2) acquire sites to be used for hospital purposes; or
3217	3217	(3) acquire and operate a mobile emergency medical
3218	3218	service to assist the district in carrying out its hospital
3219	3219	purposes.
3220	3220	(b) The bonds must be payable from and secured by a pledge of
3221	3221	all or part of the revenue derived from the operation of the
3222	3222	district's hospital system.
3223	3223	(c) The bonds may be additionally secured by a mortgage or
3224	3224	deed of trust lien on all or part of district property.
3225	3225	(d) The bonds must be issued in the manner provided by
3226	3226	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
3227	3227	Health and Safety Code, for issuance of revenue bonds by a county
3228	3228	hospital authority. (Acts 71st Leg., R.S., Ch. 548, Sec. 7.04.)
3229	3229	Sec. 1086.205. REFUNDING BONDS. (a) District refunding
3230	3230	bonds may be issued to refund outstanding indebtedness issued or
3231	3231	assumed by the district.
3232	3232	(b) A refunding bond may be:
3233	3233	(1) sold, with the proceeds of the refunding bond
3234	3234	applied to the payment of outstanding indebtedness; or
3235	3235	(2) exchanged wholly or partly for not less than a
3236	3236	similar principal amount of outstanding indebtedness. (Acts 71st
3237	3237	Leg., R.S., Ch. 548, Secs. 7.05(a), (c) (part).)
3238	3238	Sec. 1086.206. MATURITY OF BONDS. District bonds must
3239	3239	mature not later than 50 years after the date of issuance. (Acts
3240	3240	71st Leg., R.S., Ch. 548, Sec. 7.06 (part).)
3241	3241	Sec. 1086.207. EXECUTION OF BONDS. The board president
3242	3242	shall execute the district's bonds in the district's name, and the
3243	3243	board secretary shall countersign the bonds in the manner provided
3244	3244	by Chapter 618, Government Code. (Acts 71st Leg., R.S., Ch. 548,
3245	3245	Sec. 7.07.)
3246	3246	Sec. 1086.208. BONDS EXEMPT FROM TAXATION. The following
3247	3247	are exempt from taxation by this state or a political subdivision of
3248	3248	this state:
3249	3249	(1) bonds issued by the district;
3250	3250	(2) any transaction relating to the bonds; and
3251	3251	(3) profits made in the sale of the bonds. (Acts 71st
3252	3252	Leg., R.S., Ch. 548, Sec. 7.11 (part).)
3253	3253	[Sections 1086.209-1086.250 reserved for expansion]
3254	3254	SUBCHAPTER F. TAXES
3255	3255	Sec. 1086.251. IMPOSITION OF AD VALOREM TAX. (a) The board
3256	3256	may impose a tax on all property in the district subject to district
3257	3257	taxation.
3258	3258	(b) The tax may be used to pay:
3259	3259	(1) indebtedness issued or assumed by the district;
3260	3260	and
3261	3261	(2) district maintenance and operating expenses.
3262	3262	(c) The district may not impose a tax to pay the principal of
3263	3263	or interest on revenue bonds issued under this chapter. (Acts 71st
3264	3264	Leg., R.S., Ch. 548, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
3265	3265	Sec. 1086.252. TAX RATE. (a) The board may impose the tax
3266	3266	at a rate not to exceed the limit approved by the voters at the
3267	3267	election authorizing the imposition of the tax.
3268	3268	(b) The tax rate for all purposes may not exceed 75 cents on
3269	3269	each $100 valuation of all taxable property in the district.
3270	3270	(c) In setting the tax rate, the board shall consider the
3271	3271	income of the district from sources other than taxation.
3272	3272	(d) An appointed director may not vote on the adoption of
3273	3273	the tax rate to be set by the board. (Acts 71st Leg., R.S., Ch. 548,
3274	3274	Secs. 8.01(a) (part), (b), 8.03 (part).)
3275	3275	Sec. 1086.253. TAX ASSESSOR-COLLECTOR. The board may
3276	3276	provide for the appointment of a tax assessor-collector for the
3277	3277	district or may contract for the assessment and collection of taxes
3278	3278	as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 548, Sec. 8.04(b).)
3279	3279	CHAPTER 1098. STONEWALL COUNTY HOSPITAL DISTRICT
3280	3280	SUBCHAPTER A. GENERAL PROVISIONS
3281	3281	Sec. 1098.001. DEFINITIONS
3282	3282	Sec. 1098.002. AUTHORITY FOR OPERATION
3283	3283	Sec. 1098.003. POLITICAL SUBDIVISION
3284	3284	Sec. 1098.004. DISTRICT TERRITORY
3285	3285	Sec. 1098.005. CORRECTION OF INVALID PROCEDURES
3286	3286	Sec. 1098.006. DISTRICT SUPPORT AND MAINTENANCE NOT
3287	3287	STATE OBLIGATION
3288	3288	Sec. 1098.007. RESTRICTION ON STATE FINANCIAL
3289	3289	ASSISTANCE
3290	3290	[Sections 1098.008-1098.050 reserved for expansion]
3291	3291	SUBCHAPTER B. DISTRICT ADMINISTRATION
3292	3292	Sec. 1098.051. BOARD ELECTION; TERM
3293	3293	Sec. 1098.052. NOTICE OF ELECTION
3294	3294	Sec. 1098.053. QUALIFICATIONS FOR OFFICE
3295	3295	Sec. 1098.054. BOARD VACANCY
3296	3296	Sec. 1098.055. OFFICERS
3297	3297	Sec. 1098.056. COMPENSATION; EXPENSES
3298	3298	Sec. 1098.057. VOTING REQUIREMENT
3299	3299	Sec. 1098.058. DISTRICT ADMINISTRATOR; ASSISTANT
3300	3300	ADMINISTRATOR
3301	3301	Sec. 1098.059. GENERAL DUTIES OF DISTRICT
3302	3302	ADMINISTRATOR
3303	3303	Sec. 1098.060. STAFF AND EMPLOYEES; RECRUITMENT OF
3304	3304	PERSONNEL
3305	3305	Sec. 1098.061. EDUCATIONAL PROGRAMS; COURSES
3306	3306	Sec. 1098.062. RETIREMENT BENEFITS
3307	3307	Sec. 1098.063. MAINTENANCE OF RECORDS; PUBLIC
3308	3308	INSPECTION
3309	3309	Sec. 1098.064. SEAL
3310	3310	[Sections 1098.065-1098.100 reserved for expansion]
3311	3311	SUBCHAPTER C. POWERS AND DUTIES
3312	3312	Sec. 1098.101. DISTRICT RESPONSIBILITY
3313	3313	Sec. 1098.102. RESTRICTION ON TAXATION AND DEBT
3314	3314	Sec. 1098.103. MANAGEMENT AND CONTROL OF DISTRICT
3315	3315	Sec. 1098.104. HOSPITAL SYSTEM
3316	3316	Sec. 1098.105. RULES
3317	3317	Sec. 1098.106. PURCHASING AND ACCOUNTING PROCEDURES
3318	3318	Sec. 1098.107. DISTRICT PROPERTY, FACILITIES, AND
3319	3319	EQUIPMENT
3320	3320	Sec. 1098.108. EMINENT DOMAIN
3321	3321	Sec. 1098.109. GIFTS AND ENDOWMENTS
3322	3322	Sec. 1098.110. BIDDING REQUIREMENTS
3323	3323	Sec. 1098.111. OPERATING AND MANAGEMENT CONTRACTS
3324	3324	Sec. 1098.112. CONTRACTS FOR HEALTH CARE
3325	3325	Sec. 1098.113. PAYMENT FOR TREATMENT; PROCEDURES
3326	3326	Sec. 1098.114. AUTHORITY TO SUE AND BE SUED
3327	3327	[Sections 1098.115-1098.150 reserved for expansion]
3328	3328	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3329	3329	Sec. 1098.151. BUDGET
3330	3330	Sec. 1098.152. NOTICE; HEARING; APPROVAL OF BUDGET
3331	3331	Sec. 1098.153. AMENDMENTS TO BUDGET
3332	3332	Sec. 1098.154. SPENDING RESTRICTIONS
3333	3333	Sec. 1098.155. FISCAL YEAR
3334	3334	Sec. 1098.156. ANNUAL AUDIT
3335	3335	Sec. 1098.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
3336	3336	RECORDS
3337	3337	Sec. 1098.158. FINANCIAL REPORT
3338	3338	Sec. 1098.159. DEPOSITORY OR TREASURER
3339	3339	Sec. 1098.160. GENERAL AUTHORITY TO BORROW MONEY;
3340	3340	SECURITY
3341	3341	Sec. 1098.161. AUTHORITY TO BORROW MONEY IN EMERGENCY;
3342	3342	SECURITY
3343	3343	[Sections 1098.162-1098.200 reserved for expansion]
3344	3344	SUBCHAPTER E. BONDS
3345	3345	Sec. 1098.201. GENERAL OBLIGATION BONDS
3346	3346	Sec. 1098.202. TAX TO PAY GENERAL OBLIGATION BONDS
3347	3347	Sec. 1098.203. GENERAL OBLIGATION BOND ELECTION
3348	3348	Sec. 1098.204. MATURITY OF GENERAL OBLIGATION BONDS
3349	3349	Sec. 1098.205. EXECUTION OF GENERAL OBLIGATION BONDS
3350	3350	Sec. 1098.206. REVENUE BONDS
3351	3351	[Sections 1098.207-1098.250 reserved for expansion]
3352	3352	SUBCHAPTER F. TAXES
3353	3353	Sec. 1098.251. IMPOSITION OF AD VALOREM TAX
3354	3354	Sec. 1098.252. TAX RATE
3355	3355	Sec. 1098.253. TAX ASSESSOR-COLLECTOR
3356	3356	[Sections 1098.254-1098.300 reserved for expansion]
3357	3357	SUBCHAPTER G. DISSOLUTION
3358	3358	Sec. 1098.301. DISSOLUTION; ELECTION
3359	3359	Sec. 1098.302. NOTICE OF ELECTION
3360	3360	Sec. 1098.303. BALLOT
3361	3361	Sec. 1098.304. ELECTION RESULTS
3362	3362	Sec. 1098.305. TRANSFER, SALE, OR ADMINISTRATION OF
3363	3363	ASSETS
3364	3364	Sec. 1098.306. SALE OR TRANSFER OF ASSETS AND
3365	3365	LIABILITIES
3366	3366	Sec. 1098.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
3367	3367	TAXES
3368	3368	Sec. 1098.308. REPORT; DISSOLUTION ORDER
3369	3369	CHAPTER 1098. STONEWALL COUNTY HOSPITAL DISTRICT
3370	3370	SUBCHAPTER A. GENERAL PROVISIONS
3371	3371	Sec. 1098.001. DEFINITIONS. In this chapter:
3372	3372	(1) "Board" means the board of directors of the
3373	3373	district.
3374	3374	(2) "Director" means a member of the board.
3375	3375	(3) "District" means the Stonewall County Hospital
3376	3376	District. (New.)
3377	3377	Sec. 1098.002. AUTHORITY FOR OPERATION. The Stonewall
3378	3378	County Hospital District operates in accordance with Section 9,
3379	3379	Article IX, Texas Constitution, and has the rights, powers, and
3380	3380	duties provided by this chapter. (Acts 58th Leg., R.S., Ch. 54,
3381	3381	Sec. 1 (part).)
3382	3382	Sec. 1098.003. POLITICAL SUBDIVISION. The district is a
3383	3383	political subdivision of this state. (Acts 58th Leg., R.S., Ch. 54,
3384	3384	Sec. 14 (part).)
3385	3385	Sec. 1098.004. DISTRICT TERRITORY. The boundaries of the
3386	3386	district are coextensive with the boundaries of Stonewall County,
3387	3387	Texas. (Acts 58th Leg., R.S., Ch. 54, Sec. 1 (part).)
3388	3388	Sec. 1098.005. CORRECTION OF INVALID PROCEDURES. If a
3389	3389	court holds that any procedure under this chapter violates the
3390	3390	constitution of this state or of the United States, the district by
3391	3391	resolution may provide an alternative procedure that conforms with
3392	3392	the constitution. (Acts 58th Leg., R.S., Ch. 54, Sec. 17 (part).)
3393	3393	Sec. 1098.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
3394	3394	OBLIGATION. This state may not become obligated for the support or
3395	3395	maintenance of the district. (Acts 58th Leg., R.S., Ch. 54, Sec. 16
3396	3396	(part).)
3397	3397	Sec. 1098.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
3398	3398	The legislature may not make a direct appropriation for the
3399	3399	construction, maintenance, or improvement of a district facility.
3400	3400	(Acts 58th Leg., R.S., Ch. 54, Sec. 16 (part).)
3401	3401	[Sections 1098.008-1098.050 reserved for expansion]
3402	3402	SUBCHAPTER B. DISTRICT ADMINISTRATION
3403	3403	Sec. 1098.051. BOARD ELECTION; TERM. (a) The district is
3404	3404	governed by a board of five directors elected from the district at
3405	3405	large by place.
3406	3406	(b) Directors serve staggered three-year terms.
3407	3407	(c) A directors' election shall be held annually on the May
3408	3408	uniform election date prescribed by Section 41.001, Election Code.
3409	3409	(Acts 58th Leg., R.S., Ch. 54, Secs. 3(a) (part), (c) (part).)
3410	3410	Sec. 1098.052. NOTICE OF ELECTION. Notice of a directors'
3411	3411	election shall be published in a newspaper of general circulation
3412	3412	in the district in accordance with Section 4.003, Election Code.
3413	3413	(Acts 58th Leg., R.S., Ch. 54, Sec. 3(c) (part).)
3414	3414	Sec. 1098.053. QUALIFICATIONS FOR OFFICE. (a) To be
3415	3415	eligible to be a candidate for or to serve as a director, a person
3416	3416	must be:
3417	3417	(1) a resident of the district; and
3418	3418	(2) a qualified voter.
3419	3419	(b) A district employee may not serve as a director. (Acts
3420	3420	58th Leg., R.S., Ch. 54, Sec. 3(d).)
3421	3421	Sec. 1098.054. BOARD VACANCY. (a) If a vacancy occurs in
3422	3422	the office of director, the remaining directors by majority vote
3423	3423	shall fill the vacancy for the unexpired term.
3424	3424	(b) If the number of directors is reduced to fewer than
3425	3425	three for any reason, the remaining directors shall immediately
3426	3426	call a special election to fill the vacancies. If the remaining
3427	3427	directors do not call the election, a district court, on
3428	3428	application of a qualified voter or taxpayer of the district, may
3429	3429	order the directors to hold the election. (Acts 58th Leg., R.S.,
3430	3430	Ch. 54, Sec. 3(b) (part).)
3431	3431	Sec. 1098.055. OFFICERS. (a) The board shall elect:
3432	3432	(1) a president and vice president from among its
3433	3433	members; and
3434	3434	(2) a secretary and treasurer who is not required to be
3435	3435	a director.
3436	3436	(b) Each officer of the board serves a one-year term. (Acts
3437	3437	58th Leg., R.S., Ch. 54, Sec. 3(b) (part).)
3438	3438	Sec. 1098.056. COMPENSATION; EXPENSES. A director serves
3439	3439	without compensation but may be reimbursed for actual expenses
3440	3440	incurred in the performance of the director's official duties. The
3441	3441	expenses must be:
3442	3442	(1) reported in the district's minutes; and
3443	3443	(2) approved by the board. (Acts 58th Leg., R.S., Ch.
3444	3444	54, Sec. 4(a) (part).)
3445	3445	Sec. 1098.057. VOTING REQUIREMENT. A concurrence of three
3446	3446	directors is sufficient in any matter relating to district
3447	3447	business. (Acts 58th Leg., R.S., Ch. 54, Sec. 3(b) (part).)
3448	3448	Sec. 1098.058. DISTRICT ADMINISTRATOR; ASSISTANT
3449	3449	ADMINISTRATOR. (a) The board shall appoint a qualified person as
3450	3450	district administrator.
3451	3451	(b) The board may appoint an assistant administrator.
3452	3452	(c) The district administrator and any assistant
3453	3453	administrator serve at the will of the board and are entitled to
3454	3454	compensation as determined by the board.
3455	3455	(d) Before assuming the duties of district administrator,
3456	3456	the administrator shall execute a bond payable to the district in an
3457	3457	amount set by the board of not less than $5,000 that:
3458	3458	(1) is conditioned on the faithful performance of the
3459	3459	administrator's duties under this chapter; and
3460	3460	(2) contains any other condition the board requires.
3461	3461	(e) The board may pay for the bond with district money.
3462	3462	(Acts 58th Leg., R.S., Ch. 54, Sec. 4(b).)
3463	3463	Sec. 1098.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
3464	3464	Subject to the limitations prescribed by the board, the district
3465	3465	administrator shall:
3466	3466	(1) supervise the work and activities of the district;
3467	3467	and
3468	3468	(2) direct the general affairs of the district. (Acts
3469	3469	58th Leg., R.S., Ch. 54, Sec. 4(c).)
3470	3470	Sec. 1098.060. STAFF AND EMPLOYEES; RECRUITMENT OF
3471	3471	PERSONNEL. (a) The district may:
3472	3472	(1) appoint physicians to the district's staff; and
3473	3473	(2) employ technicians, nurses, fiscal agents,
3474	3474	accountants, architects, attorneys, and other necessary employees.
3475	3475	(b) The board may delegate to the district administrator the
3476	3476	authority to employ persons for the district.
3477	3477	(c) The board may spend district money to recruit
3478	3478	physicians, nurses, and other trained medical personnel. (Acts
3479	3479	58th Leg., R.S., Ch. 54, Secs. 4(d), (j).)
3480	3480	Sec. 1098.061. EDUCATIONAL PROGRAMS; COURSES. The board
3481	3481	may provide or contract for the provision of educational programs
3482	3482	or courses for district employees and medical staff. (Acts 58th
3483	3483	Leg., R.S., Ch. 54, Sec. 4(l).)
3484	3484	Sec. 1098.062. RETIREMENT BENEFITS. The board may provide
3485	3485	retirement benefits for district employees by:
3486	3486	(1) establishing or administering a retirement
3487	3487	program; or
3488	3488	(2) participating in:
3489	3489	(A) the Texas County and District Retirement
3490	3490	System; or
3491	3491	(B) another statewide retirement system in which
3492	3492	the district is eligible to participate. (Acts 58th Leg., R.S., Ch.
3493	3493	54, Sec. 4(i).)
3494	3494	Sec. 1098.063. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
3495	3495	All district records, including books, accounts, notices, and
3496	3496	minutes, and all other matters of the district and the operation of
3497	3497	its facilities, shall be:
3498	3498	(1) maintained at the district's office; and
3499	3499	(2) open to public inspection at the district's office
3500	3500	at all reasonable hours. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(b).)
3501	3501	Sec. 1098.064. SEAL. The board may adopt a seal for the
3502	3502	district. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(a) (part).)
3503	3503	[Sections 1098.065-1098.100 reserved for expansion]
3504	3504	SUBCHAPTER C. POWERS AND DUTIES
3505	3505	Sec. 1098.101. DISTRICT RESPONSIBILITY. The district has
3506	3506	full responsibility for providing medical and hospital care for the
3507	3507	district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 54, Sec. 2
3508	3508	(part).)
3509	3509	Sec. 1098.102. RESTRICTION ON TAXATION AND DEBT. Stonewall
3510	3510	County or another governmental entity in which the district is
3511	3511	located may not impose a tax or issue bonds or other obligations for
3512	3512	hospital purposes or to provide medical care for district
3513	3513	residents. (Acts 58th Leg., R.S., Ch. 54, Sec. 2A.)
3514	3514	Sec. 1098.103. MANAGEMENT AND CONTROL OF DISTRICT. The
3515	3515	management and control of the district is vested in the board.
3516	3516	(Acts 58th Leg., R.S., Ch. 54, Sec. 4(a) (part).)
3517	3517	Sec. 1098.104. HOSPITAL SYSTEM. The district shall provide
3518	3518	for:
3519	3519	(1) the establishment of a hospital system to provide
3520	3520	medical and hospital care for district residents by:
3521	3521	(A) purchasing, constructing, acquiring,
3522	3522	repairing, or renovating buildings and improvements; and
3523	3523	(B) equipping the buildings and improvements;
3524	3524	and
3525	3525	(2) the administration of the hospital system for
3526	3526	hospital purposes. (Acts 58th Leg., R.S, Ch. 54, Sec. 2 (part).)
3527	3527	Sec. 1098.105. RULES. (a) The board may adopt rules
3528	3528	governing the operation of the district and district facilities.
3529	3529	(b) The rules may, on approval by the board, be published in
3530	3530	booklet form at district expense and made available to any taxpayer
3531	3531	on request. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(c).)
3532	3532	Sec. 1098.106. PURCHASING AND ACCOUNTING PROCEDURES. (a)
3533	3533	The board may prescribe the method and manner of making purchases
3534	3534	and expenditures by and for the district.
3535	3535	(b) The board shall prescribe:
3536	3536	(1) all accounting and control procedures; and
3537	3537	(2) the method of purchasing necessary supplies,
3538	3538	materials, and equipment. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(a)
3539	3539	(part).)
3540	3540	Sec. 1098.107. DISTRICT PROPERTY, FACILITIES, AND
3541	3541	EQUIPMENT. (a) The board shall determine:
3542	3542	(1) the type, number, and location of buildings
3543	3543	required to maintain an adequate hospital system; and
3544	3544	(2) the type of equipment necessary for hospital care.
3545	3545	(b) The board may:
3546	3546	(1) establish and equip a clinic as part of the
3547	3547	hospital system;
3548	3548	(2) acquire property, including facilities and
3549	3549	equipment, for the district for use in the hospital system; and
3550	3550	(3) mortgage or pledge the property as security for
3551	3551	payment of the purchase price.
3552	3552	(c) The board may lease district hospital facilities to or
3553	3553	from individuals, companies, corporations, or other legal
3554	3554	entities.
3555	3555	(d) The board may sell or otherwise dispose of property,
3556	3556	including facilities or equipment. (Acts 58th Leg., R.S., Ch. 54,
3557	3557	Secs. 4(f), (g).)
3558	3558	Sec. 1098.108. EMINENT DOMAIN. (a) The district may
3559	3559	exercise the power of eminent domain to acquire a fee simple or
3560	3560	other interest in any type of property, real, personal, or mixed,
3561	3561	located in district territory, if the interest is necessary or
3562	3562	convenient to exercise a right, power, privilege, or function
3563	3563	conferred on the district by this chapter.
3564	3564	(b) The district must exercise the power of eminent domain
3565	3565	in the manner provided by Chapter 21, Property Code, except the
3566	3566	district is not required to deposit in the trial court money or a
3567	3567	bond as provided by Section 21.021, Property Code.
3568	3568	(c) In a condemnation proceeding brought by the district,
3569	3569	the district is not required to:
3570	3570	(1) pay in advance or provide a bond or other security
3571	3571	for costs in the trial court;
3572	3572	(2) provide a bond for the issuance of a temporary
3573	3573	restraining order or a temporary injunction; or
3574	3574	(3) provide a bond for costs or a supersedeas bond on
3575	3575	an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 54,
3576	3576	Sec. 9.)
3577	3577	Sec. 1098.109. GIFTS AND ENDOWMENTS. The board may accept
3578	3578	for the district a gift or endowment to be held in trust and
3579	3579	administered by the board for the purposes and under the
3580	3580	directions, limitations, or other provisions prescribed in writing
3581	3581	by the donor that are not inconsistent with the proper management
3582	3582	and objectives of the district. (Acts 58th Leg., R.S., Ch. 54, Sec.
3583	3583	12.)
3584	3584	Sec. 1098.110. BIDDING REQUIREMENTS. The district shall
3585	3585	comply with the bidding requirements prescribed by Chapter 271,
3586	3586	Local Government Code. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(a)
3587	3587	(part).)
3588	3588	Sec. 1098.111. OPERATING AND MANAGEMENT CONTRACTS. The
3589	3589	board may enter into an operating or management contract relating
3590	3590	to a hospital facility. The term of the contract may not exceed 25
3591	3591	years. (Acts 58th Leg., R.S., Ch. 54, Sec. 4(h).)
3592	3592	Sec. 1098.112. CONTRACTS FOR HEALTH CARE. The board may
3593	3593	contract with any public or private entity, including the federal
3594	3594	government, this state, a political subdivision, or a charitable
3595	3595	organization, to provide health care or related services inside or
3596	3596	outside the district. (Acts 58th Leg., R.S., Ch. 54, Sec. 4(e).)
3597	3597	Sec. 1098.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
3598	3598	When a patient who resides in the district is admitted to a district
3599	3599	facility, the district administrator shall have an inquiry made
3600	3600	into the circumstances of:
3601	3601	(1) the patient; and
3602	3602	(2) the patient's relatives legally liable for the
3603	3603	patient's support.
3604	3604	(b) If the district administrator determines that the
3605	3605	patient or those relatives cannot pay for all or part of the
3606	3606	patient's care and treatment in the hospital, the amount that
3607	3607	cannot be paid becomes a charge against the district.
3608	3608	(c) If the district administrator determines that the
3609	3609	patient or those relatives are liable to pay for all or part of the
3610	3610	patient's care and treatment, the patient or those relatives shall
3611	3611	be ordered to pay the district treasurer a specified amount each
3612	3612	week for the patient's support. The amount ordered must be
3613	3613	proportionate to their financial ability.
3614	3614	(d) The district administrator may collect the amount from
3615	3615	the patient's estate, or from those relatives legally liable for
3616	3616	the patient's support, in the manner provided by law for the
3617	3617	collection of expenses of the last illness of a deceased person.
3618	3618	(e) The board may institute a suit to collect an amount owed
3619	3619	to the district by a patient who has not been determined to be
3620	3620	unable to pay under this section.
3621	3621	(f) If there is a dispute as to the ability to pay, or doubt
3622	3622	in the mind of the district administrator, the board shall hold a
3623	3623	hearing and, after calling witnesses, shall:
3624	3624	(1) resolve the dispute or doubt; and
3625	3625	(2) issue an appropriate order.
3626	3626	(g) Either party to the dispute may appeal the order to the
3627	3627	district court. (Acts 58th Leg., R.S., Ch. 54, Secs. 4(m), 11.)
3628	3628	Sec. 1098.114. AUTHORITY TO SUE AND BE SUED. As a
3629	3629	governmental agency, the district may sue and be sued in the
3630	3630	district's own name in any court of this state. (Acts 58th Leg.,
3631	3631	R.S., Ch. 54, Sec. 14 (part).)
3632	3632	[Sections 1098.115-1098.150 reserved for expansion]
3633	3633	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3634	3634	Sec. 1098.151. BUDGET. The board annually shall require a
3635	3635	budget to be prepared for the next fiscal year that includes:
3636	3636	(1) proposed expenditures and disbursements;
3637	3637	(2) estimated receipts and collections; and
3638	3638	(3) the amount of taxes required to be imposed for the
3639	3639	year. (Acts 58th Leg., R.S., Ch. 54, Secs. 8(b) (part), (c)
3640	3640	(part).)
3641	3641	Sec. 1098.152. NOTICE; HEARING; APPROVAL OF BUDGET. (a)
3642	3642	The board shall hold a public hearing on the proposed budget.
3643	3643	(b) Notice of the hearing must be published at least once in
3644	3644	a newspaper of general circulation in Stonewall County not later
3645	3645	than the 10th day before the date of the hearing.
3646	3646	(c) Any district taxpayer is entitled to:
3647	3647	(1) appear at the time and place designated in the
3648	3648	notice; and
3649	3649	(2) be heard regarding any item included in the
3650	3650	proposed budget.
3651	3651	(d) The annual budget must be approved by the board of
3652	3652	directors. (Acts 58th Leg., R.S., Ch. 54, Secs. 8(b) (part), (c)
3653	3653	(part).)
3654	3654	Sec. 1098.153. AMENDMENTS TO BUDGET. The annual budget may
3655	3655	be amended on the board's approval. (Acts 58th Leg., R.S., Ch. 54,
3656	3656	Sec. 8(b) (part).)
3657	3657	Sec. 1098.154. SPENDING RESTRICTIONS. (a) Except as
3658	3658	otherwise provided by this chapter, the district may not incur an
3659	3659	obligation payable from district revenue other than revenue held by
3660	3660	the district or to be held by the district in the current district
3661	3661	fiscal year.
3662	3662	(b) Money may be spent only for an expense included in the
3663	3663	budget or an amendment to the budget. (Acts 58th Leg., R.S., Ch.
3664	3664	54, Secs. 7(a) (part), 8(b) (part).)
3665	3665	Sec. 1098.155. FISCAL YEAR. (a) The district operates
3666	3666	according to a fiscal year established by the board.
3667	3667	(b) The fiscal year may not be changed:
3668	3668	(1) if revenue bonds of the district are outstanding;
3669	3669	or
3670	3670	(2) more than once in a 24-month period. (Acts 58th
3671	3671	Leg., R.S., Ch. 54, Sec. 8(a) (part).)
3672	3672	Sec. 1098.156. ANNUAL AUDIT. The board annually shall have
3673	3673	an audit made of the district's books and records for the fiscal
3674	3674	year. (Acts 58th Leg., R.S., Ch. 54, Sec. 8(a) (part).)
3675	3675	Sec. 1098.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
3676	3676	RECORDS. The annual audit and other district records are open to
3677	3677	inspection during regular business hours at the district's
3678	3678	principal office. (Acts 58th Leg., R.S., Ch. 54, Sec. 8(a) (part).)
3679	3679	Sec. 1098.158. FINANCIAL REPORT. As soon as practicable
3680	3680	after the close of each fiscal year, the district administrator
3681	3681	shall prepare for the board:
3682	3682	(1) a complete sworn statement of all district money;
3683	3683	and
3684	3684	(2) a complete account of the disbursements of that
3685	3685	money. (Acts 58th Leg., R.S., Ch. 54, Sec. 8(b) (part).)
3686	3686	Sec. 1098.159. DEPOSITORY OR TREASURER. (a) The board by
3687	3687	resolution shall designate one or more banks to serve as the
3688	3688	district's depository or treasurer.
3689	3689	(b) District money shall be deposited on receipt with a
3690	3690	depository bank, except that sufficient money must be remitted to
3691	3691	an appropriate bank to pay the principal of and interest on the
3692	3692	district's outstanding bonds, or other obligations assumed by the
3693	3693	district, on or before the maturity date of the principal and
3694	3694	interest.
3695	3695	(c) Money in the depository bank or banks that is not
3696	3696	insured by the Federal Deposit Insurance Corporation must be
3697	3697	secured in the manner provided by law for security of county money.
3698	3698	(d) Membership on the district's board of an officer or
3699	3699	director of a bank does not disqualify that bank from being
3700	3700	designated as depository. (Acts 58th Leg., R.S., Ch. 54, Sec. 10.)
3701	3701	Sec. 1098.160. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
3702	3702	(a) The board may borrow money at a rate not to exceed the maximum
3703	3703	annual percentage rate allowed by law for district obligations at
3704	3704	the time the loan is made.
3705	3705	(b) To secure a loan, the board may pledge:
3706	3706	(1) district revenue that is not pledged to pay the
3707	3707	district's bonded indebtedness;
3708	3708	(2) tax revenue to be collected by the district during
3709	3709	the 12-month period following the date of the pledge that is not
3710	3710	pledged to pay the principal of or interest on district bonds; or
3711	3711	(3) district bonds that have been authorized but not
3712	3712	sold.
3713	3713	(c) A loan for which taxes or bonds are pledged must mature
3714	3714	not later than the third anniversary of the date the loan is made. A
3715	3715	loan for which district revenue is pledged must mature not later
3716	3716	than the fifth anniversary of the date the loan is made. (Acts 58th
3717	3717	Leg., R.S., Ch. 54, Sec. 15A.)
3718	3718	Sec. 1098.161. AUTHORITY TO BORROW MONEY IN EMERGENCY;
3719	3719	SECURITY. (a) The board may borrow money at a rate not to exceed
3720	3720	the maximum annual percentage rate allowed by law for district
3721	3721	obligations at the time the loan is made if the board determines
3722	3722	that:
3723	3723	(1) money is not available to meet a lawful obligation
3724	3724	of the district; and
3725	3725	(2) an emergency exists.
3726	3726	(b) To secure a loan, the board may pledge:
3727	3727	(1) district revenue that is not pledged to pay the
3728	3728	district's bond indebtedness;
3729	3729	(2) tax revenue to be collected by the district during
3730	3730	the 12-month period following the date of the pledge that has not
3731	3731	been pledged to pay the principal of or interest on district bonds;
3732	3732	or
3733	3733	(3) district bonds that have been authorized but not
3734	3734	sold.
3735	3735	(c) A loan for which tax revenue or bonds are pledged must
3736	3736	mature not later than the third anniversary of the date the loan is
3737	3737	made. A loan for which other district revenue is pledged must
3738	3738	mature not later than the fifth anniversary of the date the loan is
3739	3739	made.
3740	3740	(d) The board may not spend loan proceeds obtained under
3741	3741	this section for a purpose other than:
3742	3742	(1) the purpose for which the board determined the
3743	3743	emergency existed; and
3744	3744	(2) if tax revenue or bonds are pledged to pay the
3745	3745	loan, the purpose for which the taxes were imposed or the bonds were
3746	3746	authorized. (Acts 58th Leg., R.S., Ch. 54, Sec. 15.)
3747	3747	[Sections 1098.162-1098.200 reserved for expansion]
3748	3748	SUBCHAPTER E. BONDS
3749	3749	Sec. 1098.201. GENERAL OBLIGATION BONDS. The board may
3750	3750	issue and sell general obligation bonds authorized by an election
3751	3751	in the name and on the faith and credit of the district to:
3752	3752	(1) purchase, construct, acquire, repair, or renovate
3753	3753	buildings or improvements;
3754	3754	(2) equip buildings or improvements for hospital
3755	3755	purposes; or
3756	3756	(3) acquire and operate a mobile emergency medical or
3757	3757	air ambulance service. (Acts 58th Leg., R.S., Ch. 54, Sec. 6(a).)
3758	3758	Sec. 1098.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
3759	3759	the time general obligation bonds are issued by the district, the
3760	3760	board shall impose an ad valorem tax at a rate sufficient to create
3761	3761	an interest and sinking fund to pay the principal of and interest on
3762	3762	the bonds as the bonds mature.
3763	3763	(b) The tax required by this section together with any other
3764	3764	ad valorem tax the district imposes may not in any year exceed the
3765	3765	limit approved by the voters at the election authorizing the
3766	3766	imposition of taxes. (Acts 58th Leg., R.S., Ch. 54, Sec. 6(b).)
3767	3767	Sec. 1098.203. GENERAL OBLIGATION BOND ELECTION. (a) The
3768	3768	district may issue general obligation bonds only if the bonds are
3769	3769	authorized by a majority of the district voters voting at an
3770	3770	election held for that purpose.
3771	3771	(b) The board may order a bond election.
3772	3772	(c) The election must be conducted in accordance with
3773	3773	Chapter 1251, Government Code. (Acts 58th Leg., R.S., Ch. 54, Secs.
3774	3774	6(c), (d).)
3775	3775	Sec. 1098.204. MATURITY OF GENERAL OBLIGATION BONDS.
3776	3776	District general obligation bonds must mature not later than 40
3777	3777	years after the date of issuance. (Acts 58th Leg., R.S., Ch. 54,
3778	3778	Sec. 6(e) (part).)
3779	3779	Sec. 1098.205. EXECUTION OF GENERAL OBLIGATION BONDS. The
3780	3780	board president shall execute the general obligation bonds in the
3781	3781	district's name and the board secretary shall countersign the bonds
3782	3782	in the manner provided by Chapter 618, Government Code. (Acts 58th
3783	3783	Leg., R.S., Ch. 54, Sec. 6(e) (part).)
3784	3784	Sec. 1098.206. REVENUE BONDS. (a) The board may issue
3785	3785	revenue bonds to:
3786	3786	(1) purchase, construct, acquire, repair, equip, or
3787	3787	renovate buildings or improvements for hospital purposes;
3788	3788	(2) acquire sites to be used for hospital purposes; or
3789	3789	(3) acquire and operate a mobile emergency medical or
3790	3790	air ambulance service to assist the district in carrying out its
3791	3791	hospital purposes.
3792	3792	(b) The bonds must be payable from and secured by a pledge of
3793	3793	all or part of the revenue derived from the operation of the
3794	3794	district's hospital system.
3795	3795	(c) The bonds may be additionally secured by a mortgage or
3796	3796	deed of trust lien on all or part of district property.
3797	3797	(d) The bonds must be issued in the manner provided by
3798	3798	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
3799	3799	Health and Safety Code, for the issuance of revenue bonds by a
3800	3800	county hospital authority. (Acts 58th Leg., R.S., Ch. 54, Sec. 6A.)
3801	3801	[Sections 1098.207-1098.250 reserved for expansion]
3802	3802	SUBCHAPTER F. TAXES
3803	3803	Sec. 1098.251. IMPOSITION OF AD VALOREM TAX. (a) On final
3804	3804	approval of the budget, the board shall impose a tax on all property
3805	3805	in the district subject to district taxation.
3806	3806	(b) The tax may be used to:
3807	3807	(1) pay the indebtedness assumed or issued by the
3808	3808	district;
3809	3809	(2) provide for the maintenance and operation of the
3810	3810	district and hospital system;
3811	3811	(3) make improvements and additions to the hospital
3812	3812	system; and
3813	3813	(4) acquire necessary sites for the hospital system by
3814	3814	purchase, lease, or condemnation.
3815	3815	(c) The district may not impose a tax to pay the principal of
3816	3816	or interest on revenue bonds issued by the district. (Acts 58th
3817	3817	Leg., R.S., Ch. 54, Secs. 5(a) (part), (b), 8(c) (part).)
3818	3818	Sec. 1098.252. TAX RATE. (a) The board may impose the tax
3819	3819	at a rate not to exceed the limit approved by the voters.
3820	3820	(b) The tax rate for all purposes may not exceed 75 cents on
3821	3821	each $100 valuation of all taxable property in the district. (Acts
3822	3822	58th Leg., R.S., Ch. 54, Sec. 5(a) (part).)
3823	3823	Sec. 1098.253. TAX ASSESSOR-COLLECTOR. (a) Except as
3824	3824	provided by Subsection (b), the tax assessor-collector of Stonewall
3825	3825	County shall assess and collect taxes imposed by the district.
3826	3826	(b) The board may provide for the appointment of a tax
3827	3827	assessor-collector for the district or may contract for the
3828	3828	assessment and collection of taxes as provided by the Tax Code.
3829	3829	(Acts 58th Leg., R.S., Ch. 54, Secs. 5(c) (part), 8(c) (part).)
3830	3830	[Sections 1098.254-1098.300 reserved for expansion]
3831	3831	SUBCHAPTER G. DISSOLUTION
3832	3832	Sec. 1098.301. DISSOLUTION; ELECTION. (a) The district
3833	3833	may be dissolved only on approval of a majority of the district
3834	3834	voters voting in an election held for that purpose.
3835	3835	(b) The board may order an election on the question of
3836	3836	dissolving the district and disposing of the district's assets and
3837	3837	obligations.
3838	3838	(c) The board shall order an election if the board receives
3839	3839	a petition requesting an election that is signed by a number of
3840	3840	district residents equal to at least 15 percent of the registered
3841	3841	voters in the district.
3842	3842	(d) The order calling the election must state:
3843	3843	(1) the nature of the election, including the
3844	3844	proposition to appear on the ballot;
3845	3845	(2) the date of the election;
3846	3846	(3) the hours during which the polls will be open; and
3847	3847	(4) the location of the polling places.
3848	3848	(e) Section 41.001(a), Election Code, does not apply to an
3849	3849	election ordered under this section. (Acts 58th Leg., R.S., Ch. 54,
3850	3850	Secs. 15B(a), (b), (c) (part).)
3851	3851	Sec. 1098.302. NOTICE OF ELECTION. (a) The board shall
3852	3852	give notice of an election under this subchapter by publishing the
3853	3853	election order in a newspaper with general circulation in the
3854	3854	district once a week for two consecutive weeks.
3855	3855	(b) The first publication of the notice must appear not
3856	3856	later than the 35th day before the date set for the election. (Acts
3857	3857	58th Leg., R.S., Ch. 54, Sec. 15B(d) (part).)
3858	3858	Sec. 1098.303. BALLOT. The ballot for an election under
3859	3859	this subchapter must be printed to permit voting for or against the
3860	3860	proposition: "The dissolution of the Stonewall County Hospital
3861	3861	District." (Acts 58th Leg., R.S., Ch. 54, Sec. 15B(d) (part).)
3862	3862	Sec. 1098.304. ELECTION RESULTS. (a) If a majority of the
3863	3863	votes in an election under this subchapter favor dissolution, the
3864	3864	board shall find that the district is dissolved.
3865	3865	(b) If a majority of the votes in the election do not favor
3866	3866	dissolution, the board shall continue to administer the district
3867	3867	and another election on the question of dissolution may not be held
3868	3868	before the first anniversary of the date of the most recent election
3869	3869	to dissolve the district. (Acts 58th Leg., R.S., Ch. 54, Sec.
3870	3870	15B(e).)
3871	3871	Sec. 1098.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS.
3872	3872	(a) If a majority of the votes in an election held under this
3873	3873	subchapter favor dissolution, the board shall:
3874	3874	(1) transfer the land, buildings, improvements,
3875	3875	equipment, and other assets that belong to the district to a county
3876	3876	or to another governmental entity in Stonewall County;
3877	3877	(2) sell the assets and liabilities to another person;
3878	3878	or
3879	3879	(3) administer the property, assets, and debts until
3880	3880	all money has been disposed of and all district debts have been paid
3881	3881	or settled.
3882	3882	(b) If the board makes the transfer under Subsection (a)(1),
3883	3883	the county or entity assumes all debts and obligations of the
3884	3884	district at the time of the transfer, and the district is dissolved.
3885	3885	(Acts 58th Leg., R.S., Ch. 54, Secs. 15B(f), (g).)
3886	3886	Sec. 1098.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
3887	3887	(a) The district may not be dissolved unless the board provides for
3888	3888	the sale or transfer of the district's assets and liabilities to
3889	3889	another person.
3890	3890	(b) The dissolution of the district and the sale or transfer
3891	3891	of the district's assets and liabilities may not contravene a trust
3892	3892	indenture or bond resolution relating to the district's outstanding
3893	3893	bonds. The dissolution and sale or transfer does not diminish or
3894	3894	impair the rights of a holder of an outstanding bond, warrant, or
3895	3895	other obligation of the district.
3896	3896	(c) The sale or transfer of the district's assets and
3897	3897	liabilities must satisfy the debt and bond obligations of the
3898	3898	district in a manner that protects the interests of district
3899	3899	residents, including the residents' collective property rights in
3900	3900	the district's assets.
3901	3901	(d) The district may not transfer or dispose of the
3902	3902	district's assets except for due compensation unless:
3903	3903	(1) the transfer is made to another governmental
3904	3904	agency that serves the district; and
3905	3905	(2) the transferred assets are to be used for the
3906	3906	benefit of district residents.
3907	3907	(e) A grant from federal funds is an obligation to be repaid
3908	3908	in satisfaction. (Acts 58th Leg., R.S., Ch. 54, Secs. 15B(m), (n).)
3909	3909	Sec. 1098.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
3910	3910	TAXES. (a) After the board finds that the district is dissolved,
3911	3911	the board shall:
3912	3912	(1) determine the debt owed by the district; and
3913	3913	(2) impose on the property included on the district's
3914	3914	tax rolls a tax that is in proportion of the debt to the property
3915	3915	value.
3916	3916	(b) On the payment of all outstanding debts and obligations
3917	3917	of the district, the board shall order the board secretary to return
3918	3918	to each district taxpayer the taxpayer's pro rata share of all
3919	3919	unused tax money.
3920	3920	(c) A taxpayer may request that the taxpayer's share of
3921	3921	surplus tax money be credited to the taxpayer's county taxes. If a
3922	3922	taxpayer requests the credit, the board shall direct the board
3923	3923	secretary to transmit the money to the county tax
3924	3924	assessor-collector. (Acts 58th Leg., R.S., Ch. 54, Secs. 15B(h),
3925	3925	(i), (j).)
3926	3926	Sec. 1098.308. REPORT; DISSOLUTION ORDER. (a) After the
3927	3927	district has paid all district debts and has disposed of all
3928	3928	district money and other assets as prescribed by this subchapter,
3929	3929	the board shall file a written report with the Commissioners Court
3930	3930	of Stonewall County summarizing the board's actions in dissolving
3931	3931	the district.
3932	3932	(b) Not later than the 10th day after the date the
3933	3933	Commissioners Court of Stonewall County receives the report and
3934	3934	determines that the requirements of this subchapter have been
3935	3935	fulfilled, the commissioners court shall enter an order dissolving
3936	3936	the district and releasing the board from any further duty or obligation. (Acts 58th Leg., R.S., Ch. 54, Secs. 15B(k), (l).)
3937	3937	CHAPTER 1099. STRATFORD HOSPITAL DISTRICT
3938	3938	SUBCHAPTER A. GENERAL PROVISIONS
3939	3939	Sec. 1099.001. DEFINITIONS
3940	3940	Sec. 1099.002. AUTHORITY FOR OPERATION
3941	3941	Sec. 1099.003. ESSENTIAL PUBLIC FUNCTION
3942	3942	Sec. 1099.004. DISTRICT TERRITORY
3943	3943	Sec. 1099.005. CORRECTION OF INVALID PROCEDURES
3944	3944	Sec. 1099.006. DISTRICT SUPPORT AND MAINTENANCE NOT
3945	3945	STATE OBLIGATION
3946	3946	Sec. 1099.007. RESTRICTION ON STATE FINANCIAL
3947	3947	ASSISTANCE
3948	3948	[Sections 1099.008-1099.050 reserved for expansion]
3949	3949	SUBCHAPTER B. DISTRICT ADMINISTRATION
3950	3950	Sec. 1099.051. BOARD ELECTION; TERM
3951	3951	Sec. 1099.052. NOTICE OF ELECTION
3952	3952	Sec. 1099.053. QUALIFICATIONS FOR OFFICE
3953	3953	Sec. 1099.054. BOND
3954	3954	Sec. 1099.055. BOARD VACANCY
3955	3955	Sec. 1099.056. OFFICERS
3956	3956	Sec. 1099.057. COMPENSATION; EXPENSES
3957	3957	Sec. 1099.058. VOTING REQUIREMENT
3958	3958	Sec. 1099.059. DISTRICT MANAGER; ASSISTANT MANAGER
3959	3959	Sec. 1099.060. GENERAL DUTIES OF DISTRICT MANAGER
3960	3960	Sec. 1099.061. APPOINTMENT AND DISMISSAL OF STAFF AND
3961	3961	EMPLOYEES
3962	3962	Sec. 1099.062. SENIORITY; RETIREMENT BENEFITS
3963	3963	[Sections 1099.063-1099.100 reserved for expansion]
3964	3964	SUBCHAPTER C. POWERS AND DUTIES
3965	3965	Sec. 1099.101. DISTRICT RESPONSIBILITY
3966	3966	Sec. 1099.102. RESTRICTION ON POLITICAL SUBDIVISION
3967	3967	TAXATION AND DEBT
3968	3968	Sec. 1099.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
3969	3969	Sec. 1099.104. HOSPITAL SYSTEM
3970	3970	Sec. 1099.105. RULES
3971	3971	Sec. 1099.106. PURCHASING AND ACCOUNTING PROCEDURES
3972	3972	Sec. 1099.107. DISTRICT PROPERTY, FACILITIES, AND
3973	3973	EQUIPMENT
3974	3974	Sec. 1099.108. EMINENT DOMAIN
3975	3975	Sec. 1099.109. GIFTS AND ENDOWMENTS
3976	3976	Sec. 1099.110. CONSTRUCTION AND PURCHASE CONTRACTS
3977	3977	Sec. 1099.111. OPERATING AND MANAGEMENT CONTRACTS
3978	3978	Sec. 1099.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
3979	3979	FOR HOSPITALIZATION AND TREATMENT
3980	3980	Sec. 1099.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
3981	3981	FOR INVESTIGATORY OR OTHER SERVICES
3982	3982	Sec. 1099.114. PAYMENT FOR TREATMENT; PROCEDURES
3983	3983	Sec. 1099.115. AUTHORITY TO SUE AND BE SUED
3984	3984	[Sections 1099.116-1099.150 reserved for expansion]
3985	3985	SUBCHAPTER D. CHANGE IN BOUNDARIES
3986	3986	Sec. 1099.151. TERRITORY THAT MAY BE ANNEXED
3987	3987	Sec. 1099.152. PETITION TO ANNEX TERRITORY
3988	3988	Sec. 1099.153. ELECTION ORDER
3989	3989	Sec. 1099.154. BALLOT
3990	3990	Sec. 1099.155. NOTICE OF ELECTION
3991	3991	Sec. 1099.156. ELECTION RESULTS
3992	3992	Sec. 1099.157. EFFECT OF ANNEXATION
3993	3993	[Sections 1099.158-1099.200 reserved for expansion]
3994	3994	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
3995	3995	Sec. 1099.201. BUDGET
3996	3996	Sec. 1099.202. NOTICE; HEARING; APPROVAL OF BUDGET
3997	3997	Sec. 1099.203. AMENDMENTS TO BUDGET
3998	3998	Sec. 1099.204. RESTRICTION ON EXPENDITURES
3999	3999	Sec. 1099.205. FISCAL YEAR
4000	4000	Sec. 1099.206. AUDIT
4001	4001	Sec. 1099.207. INSPECTION OF AUDIT AND DISTRICT
4002	4002	RECORDS
4003	4003	Sec. 1099.208. FINANCIAL REPORT
4004	4004	Sec. 1099.209. DEPOSITORY
4005	4005	Sec. 1099.210. SPENDING AND INVESTMENT RESTRICTIONS
4006	4006	[Sections 1099.211-1099.250 reserved for expansion]
4007	4007	SUBCHAPTER F. BONDS
4008	4008	Sec. 1099.251. GENERAL OBLIGATION BONDS
4009	4009	Sec. 1099.252. TAX TO PAY GENERAL OBLIGATION BONDS
4010	4010	Sec. 1099.253. GENERAL OBLIGATION BOND ELECTION
4011	4011	Sec. 1099.254. MATURITY OF GENERAL OBLIGATION BONDS
4012	4012	Sec. 1099.255. EXECUTION OF GENERAL OBLIGATION BONDS
4013	4013	Sec. 1099.256. REVENUE BONDS
4014	4014	Sec. 1099.257. REFUNDING BONDS
4015	4015	Sec. 1099.258. BONDS EXEMPT FROM TAXATION
4016	4016	[Sections 1099.259-1099.300 reserved for expansion]
4017	4017	SUBCHAPTER G. TAXES
4018	4018	Sec. 1099.301. IMPOSITION OF TAX
4019	4019	Sec. 1099.302. TAX RATE
4020	4020	Sec. 1099.303. ASSESSMENT AND COLLECTION BY COUNTY TAX
4021	4021	ASSESSOR-COLLECTOR
4022	4022	Sec. 1099.304. ASSESSMENT AND COLLECTION BY DISTRICT
4023	4023	TAX ASSESSOR-COLLECTOR
4024	4024	CHAPTER 1099. STRATFORD HOSPITAL DISTRICT
4025	4025	SUBCHAPTER A. GENERAL PROVISIONS
4026	4026	Sec. 1099.001. DEFINITIONS. In this chapter:
4027	4027	(1) "Board" means the board of directors of the
4028	4028	district.
4029	4029	(2) "Director" means a member of the board.
4030	4030	(3) "District" means the Stratford Hospital District.
4031	4031	(New.)
4032	4032	Sec. 1099.002. AUTHORITY FOR OPERATION. The Stratford
4033	4033	Hospital District operates in accordance with Section 9, Article
4034	4034	IX, Texas Constitution, and has the rights, powers, and duties
4035	4035	provided by this chapter. (Acts 61st Leg., R.S., Ch. 470, Sec. 1
4036	4036	(part).)
4037	4037	Sec. 1099.003. ESSENTIAL PUBLIC FUNCTION. The district
4038	4038	performs an essential public function in carrying out the purposes
4039	4039	of this chapter. (Acts 61st Leg., R.S., Ch. 470, Sec. 21 (part).)
4040	4040	Sec. 1099.004. DISTRICT TERRITORY. Unless the district's
4041	4041	boundaries are expanded under Subchapter D, the district is
4042	4042	composed of the territory in the boundaries of that part of the
4043	4043	Stratford Independent School District located in Sherman County, as
4044	4044	those school district boundaries existed on January 1, 1969. (Acts
4045	4045	61st Leg., R.S., Ch. 470, Secs. 1 (part), 1(a) (part).)
4046	4046	Sec. 1099.005. CORRECTION OF INVALID PROCEDURES. If a
4047	4047	court holds that any procedure under this chapter violates the
4048	4048	constitution of this state or of the United States, the district by
4049	4049	resolution may provide an alternative procedure that conforms with
4050	4050	that constitution. (Acts 61st Leg., R.S., Ch. 470, Sec. 22 (part).)
4051	4051	Sec. 1099.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
4052	4052	OBLIGATION. The support and maintenance of the district may not
4053	4053	become a charge against or obligation of this state. (Acts 61st
4054	4054	Leg., R.S., Ch. 470, Sec. 20 (part).)
4055	4055	Sec. 1099.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
4056	4056	The legislature may not make a direct appropriation for the
4057	4057	construction, maintenance, or improvement of a district facility.
4058	4058	(Acts 61st Leg., R.S., Ch. 470, Sec. 20 (part).)
4059	4059	[Sections 1099.008-1099.050 reserved for expansion]
4060	4060	SUBCHAPTER B. DISTRICT ADMINISTRATION
4061	4061	Sec. 1099.051. BOARD ELECTION; TERM. (a) The board
4062	4062	consists of five directors elected from the district at large.
4063	4063	(b) Unless four-year terms are established under Section
4064	4064	285.081, Health and Safety Code:
4065	4065	(1) directors serve staggered two-year terms with the
4066	4066	terms of two or three directors expiring each year as appropriate;
4067	4067	and
4068	4068	(2) a directors' election shall be held annually on the
4069	4069	May uniform election date to elect the appropriate number of
4070	4070	directors. (Acts 61st Leg., R.S., Ch. 470, Sec. 4(c) (part).)
4071	4071	Sec. 1099.052. NOTICE OF ELECTION. At least 30 days before
4072	4072	the date of a directors' election, notice of the election must be
4073	4073	published one time in a newspaper or newspapers that individually
4074	4074	or collectively have general circulation in the district. (Acts
4075	4075	61st Leg., R.S., Ch. 470, Sec. 4(c) (part).)
4076	4076	Sec. 1099.053. QUALIFICATIONS FOR OFFICE. (a) A person may
4077	4077	not be appointed or elected as a director unless the person is:
4078	4078	(1) a resident of the district;
4079	4079	(2) a freeholder; and
4080	4080	(3) a qualified voter.
4081	4081	(b) A person is not eligible to serve as a director if the
4082	4082	person is:
4083	4083	(1) the district manager;
4084	4084	(2) a district employee; or
4085	4085	(3) a member of the hospital staff. (Acts 61st Leg.,
4086	4086	R.S., Ch. 470, Sec. 4(d).)
4087	4087	Sec. 1099.054. BOND. (a) Each director shall execute a
4088	4088	good and sufficient bond for $1,000 that is:
4089	4089	(1) payable to the district; and
4090	4090	(2) conditioned on the faithful performance of the
4091	4091	director's duties.
4092	4092	(b) The district shall pay for the directors' bonds. (Acts
4093	4093	61st Leg., R.S., Ch. 470, Sec. 4(c) (part).)
4094	4094	Sec. 1099.055. BOARD VACANCY. If a vacancy occurs in the
4095	4095	office of director, the remaining directors shall fill the vacancy
4096	4096	for the unexpired term. (Acts 61st Leg., R.S., Ch. 470, Sec. 4(c)
4097	4097	(part).)
4098	4098	Sec. 1099.056. OFFICERS. (a) The board shall elect:
4099	4099	(1) a president and a vice president from among its
4100	4100	members; and
4101	4101	(2) a secretary, who need not be a director.
4102	4102	(b) Each officer of the board serves a one-year term.
4103	4103	(c) The board shall fill a vacancy in a board office for the
4104	4104	unexpired term. (Acts 61st Leg., R.S., Ch. 470, Sec. 4(e) (part).)
4105	4105	Sec. 1099.057. COMPENSATION; EXPENSES. A director or
4106	4106	officer serves without compensation but may be reimbursed for
4107	4107	actual expenses incurred in the performance of official duties.
4108	4108	The expenses must be:
4109	4109	(1) reported in the district's records; and
4110	4110	(2) approved by the board. (Acts 61st Leg., R.S., Ch.
4111	4111	470, Sec. 4(e) (part).)
4112	4112	Sec. 1099.058. VOTING REQUIREMENT. A concurrence of three
4113	4113	directors is sufficient in any matter relating to district
4114	4114	business. (Acts 61st Leg., R.S., Ch. 470, Sec. 4(e) (part).)
4115	4115	Sec. 1099.059. DISTRICT MANAGER; ASSISTANT MANAGER. (a)
4116	4116	The board shall appoint a qualified person as district manager.
4117	4117	(b) The board may appoint one or more assistant managers.
4118	4118	(c) The manager and any assistant manager serve at the will
4119	4119	of the board and receive the compensation determined by the board.
4120	4120	(d) On assuming the duties of district manager, the manager
4121	4121	shall execute a bond payable to the district in an amount set by the
4122	4122	board of not less than $5,000 that:
4123	4123	(1) is conditioned on the manager performing the
4124	4124	manager's required duties; and
4125	4125	(2) contains any other condition the board requires.
4126	4126	(Acts 61st Leg., R.S., Ch. 470, Sec. 5 (part).)
4127	4127	Sec. 1099.060. GENERAL DUTIES OF DISTRICT MANAGER. Subject
4128	4128	to the limitations prescribed by the board, the district manager
4129	4129	shall:
4130	4130	(1) supervise the work and activities of the district;
4131	4131	and
4132	4132	(2) direct the affairs of the district. (Acts 61st
4133	4133	Leg., R.S., Ch. 470, Sec. 5 (part).)
4134	4134	Sec. 1099.061. APPOINTMENT AND DISMISSAL OF STAFF AND
4135	4135	EMPLOYEES. (a) The board may appoint to or dismiss from the staff
4136	4136	any doctor the board considers necessary for the efficient
4137	4137	operation of the district and may make temporary appointments to
4138	4138	the staff if warranted.
4139	4139	(b) The district may employ fiscal agents, accountants,
4140	4140	architects, and attorneys as the board considers proper.
4141	4141	(c) The board may delegate to the district manager the
4142	4142	authority to employ district employees, including technicians and
4143	4143	nurses. (Acts 61st Leg., R.S., Ch. 470, Secs. 5 (part), 16.)
4144	4144	Sec. 1099.062. SENIORITY; RETIREMENT BENEFITS. The board
4145	4145	may adopt rules relating to the seniority of district employees,
4146	4146	including rules for a retirement plan based on seniority. (Acts
4147	4147	61st Leg., R.S., Ch. 470, Sec. 5 (part).)
4148	4148	[Sections 1099.063-1099.100 reserved for expansion]
4149	4149	SUBCHAPTER C. POWERS AND DUTIES
4150	4150	Sec. 1099.101. DISTRICT RESPONSIBILITY. The district has
4151	4151	full responsibility for operating all hospital facilities for
4152	4152	providing medical and hospital care for the district's needy
4153	4153	inhabitants. (Acts 61st Leg., R.S., Ch. 470, Sec. 19 (part).)
4154	4154	Sec. 1099.102. RESTRICTION ON POLITICAL SUBDIVISION
4155	4155	TAXATION AND DEBT. A political subdivision located within the
4156	4156	district or that has the same boundaries as the district may not
4157	4157	impose a tax or issue bonds or other obligations for hospital
4158	4158	purposes or to provide medical care. (Acts 61st Leg., R.S., Ch. 470,
4159	4159	Sec. 19 (part).)
4160	4160	Sec. 1099.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
4161	4161	The board shall manage, control, and administer the hospital system
4162	4162	and the district's money and resources. (Acts 61st Leg., R.S., Ch.
4163	4163	470, Sec. 5 (part).)
4164	4164	Sec. 1099.104. HOSPITAL SYSTEM. (a) The district shall
4165	4165	provide for:
4166	4166	(1) the establishment of a hospital system by:
4167	4167	(A) purchasing, constructing, acquiring,
4168	4168	repairing, or renovating buildings and equipment; and
4169	4169	(B) equipping the buildings; and
4170	4170	(2) the administration of the hospital system for
4171	4171	hospital purposes.
4172	4172	(b) The hospital system may include:
4173	4173	(1) facilities for domiciliary care of the sick,
4174	4174	injured, or geriatric;
4175	4175	(2) facilities for outpatient clinics;
4176	4176	(3) dispensaries;
4177	4177	(4) convalescent home facilities;
4178	4178	(5) necessary nurses domiciliaries and training
4179	4179	centers;
4180	4180	(6) blood banks;
4181	4181	(7) community mental health centers;
4182	4182	(8) research centers or laboratories; and
4183	4183	(9) any other facilities the board considers necessary
4184	4184	for hospital care. (Acts 61st Leg., R.S., Ch. 470, Secs. 2 (part),
4185	4185	9 (part).)
4186	4186	Sec. 1099.105. RULES. The board may adopt rules governing
4187	4187	the operation of the hospital, the hospital system, and the
4188	4188	district's staff and employees. (Acts 61st Leg., R.S., Ch. 470,
4189	4189	Sec. 5 (part).)
4190	4190	Sec. 1099.106. PURCHASING AND ACCOUNTING PROCEDURES. The
4191	4191	board may prescribe:
4192	4192	(1) the method and manner of making purchases and
4193	4193	expenditures by and for the district; and
4194	4194	(2) all accounting and control procedures. (Acts 61st
4195	4195	Leg., R.S., Ch. 470, Sec. 10 (part).)
4196	4196	Sec. 1099.107. DISTRICT PROPERTY, FACILITIES, AND
4197	4197	EQUIPMENT. (a) The board shall determine the type, number, and
4198	4198	location of buildings required to maintain an adequate hospital
4199	4199	system.
4200	4200	(b) The board may lease all or part of the district's
4201	4201	buildings and other facilities on terms considered to be in the best
4202	4202	interest of the district's inhabitants. The term of the lease may
4203	4203	not exceed 25 years.
4204	4204	(c) The district may acquire equipment for use in the
4205	4205	district's hospital system and mortgage or pledge the property as
4206	4206	security for the payment of the purchase price. A contract entered
4207	4207	into under this subsection must provide that the entire obligation
4208	4208	be retired not later than the fifth anniversary of the date of the
4209	4209	contract.
4210	4210	(d) The district may sell or otherwise dispose of any
4211	4211	property, including equipment, on terms the board finds are in the
4212	4212	best interest of the district's inhabitants. (Acts 61st Leg.,
4213	4213	R.S., Ch. 470, Secs. 9 (part), 10 (part).)
4214	4214	Sec. 1099.108. EMINENT DOMAIN. (a) The district may
4215	4215	exercise the power of eminent domain to acquire a fee simple or
4216	4216	other interest in any type of property located in district
4217	4217	territory if the interest is necessary to a power, right, or
4218	4218	privilege conferred by this chapter.
4219	4219	(b) The district must exercise the power of eminent domain
4220	4220	in the manner provided by Chapter 21, Property Code, except the
4221	4221	district is not required to deposit in the trial court money or a
4222	4222	bond as provided by Section 21.021(a), Property Code.
4223	4223	(c) In a condemnation proceeding brought by the district,
4224	4224	the district is not required to:
4225	4225	(1) pay in advance or provide a bond or other security
4226	4226	for costs in the trial court;
4227	4227	(2) provide a bond for the issuance of a temporary
4228	4228	restraining order or a temporary injunction; or
4229	4229	(3) provide a bond for costs or a supersedeas bond on
4230	4230	an appeal or petition for review. (Acts 61st Leg., R.S., Ch. 470,
4231	4231	Sec. 14.)
4232	4232	Sec. 1099.109. GIFTS AND ENDOWMENTS. The board may accept
4233	4233	for the district a gift or endowment to be held in trust and
4234	4234	administered by the board for the purposes and under any
4235	4235	directions, limitations, or other provisions prescribed in writing
4236	4236	by the donor that are not inconsistent with the proper management
4237	4237	and objectives of the district. (Acts 61st Leg., R.S., Ch. 470,
4238	4238	Sec. 18.)
4239	4239	Sec. 1099.110. CONSTRUCTION AND PURCHASE CONTRACTS. A
4240	4240	construction or purchase contract that involves the expenditure of
4241	4241	more than $15,000 may be made only after advertising in the manner
4242	4242	provided by Chapter 252, Local Government Code. (Acts 61st Leg.,
4243	4243	R.S., Ch. 470, Sec. 10 (part).)
4244	4244	Sec. 1099.111. OPERATING AND MANAGEMENT CONTRACTS. The
4245	4245	board may enter into an operating or management contract relating
4246	4246	to a district facility. (Acts 61st Leg., R.S., Ch. 470, Sec. 9
4247	4247	(part).)
4248	4248	Sec. 1099.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
4249	4249	HOSPITALIZATION AND TREATMENT. (a) The board may contract with a
4250	4250	county or municipality located outside the district's boundaries
4251	4251	for the hospitalization of a sick or injured person of that county
4252	4252	or municipality.
4253	4253	(b) The board may contract with this state or a federal
4254	4254	agency for the hospital treatment of a sick or injured person.
4255	4255	(Acts 61st Leg., R.S., Ch. 470, Sec. 5 (part).)
4256	4256	Sec. 1099.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
4257	4257	INVESTIGATORY OR OTHER SERVICES. The board may contract with
4258	4258	another political subdivision or a governmental agency for the
4259	4259	district to provide investigatory or other services for the
4260	4260	hospital or welfare needs of district inhabitants. (Acts 61st
4261	4261	Leg., R.S., Ch. 470, Sec. 5 (part).)
4262	4262	Sec. 1099.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
4263	4263	When a patient who resides in the district is admitted to a district
4264	4264	facility, the district manager may have an inquiry made into the
4265	4265	circumstances of:
4266	4266	(1) the patient; and
4267	4267	(2) the patient's relatives legally liable for the
4268	4268	patient's support.
4269	4269	(b) If the district manager determines that the patient or
4270	4270	those relatives cannot pay for all or part of the patient's care and
4271	4271	treatment in the hospital, the amount that cannot be paid becomes a
4272	4272	charge against the district.
4273	4273	(c) If the district manager determines that the patient or
4274	4274	those relatives can pay for all or part of the patient's care and
4275	4275	treatment, the patient or those relatives shall be ordered to pay
4276	4276	the district a specified amount each week for the patient's care and
4277	4277	support. The amount ordered must be proportionate to their
4278	4278	financial ability.
4279	4279	(d) The district manager may collect the amount from the
4280	4280	patient's estate, or from those relatives legally liable for the
4281	4281	patient's support, in the manner provided by law for the collection
4282	4282	of expenses of the last illness of a deceased person.
4283	4283	(e) If there is a dispute as to the ability to pay, or doubt
4284	4284	in the mind of the district manager, the board shall hold a hearing
4285	4285	and, after calling witnesses, shall:
4286	4286	(1) resolve the dispute or doubt; and
4287	4287	(2) issue any appropriate orders.
4288	4288	(f) The final order of the board may be appealed to the
4289	4289	district court. The substantial evidence rule applies to the
4290	4290	appeal. (Acts 61st Leg., R.S., Ch. 470, Sec. 17.)
4291	4291	Sec. 1099.115. AUTHORITY TO SUE AND BE SUED. (a) The
4292	4292	district, through the board, may sue and be sued.
4293	4293	(b) The district is entitled to all causes of action and
4294	4294	defenses to which similar authorities are entitled. (Acts 61st
4295	4295	Leg., R.S., Ch. 470, Sec. 5 (part).)
4296	4296	[Sections 1099.116-1099.150 reserved for expansion]
4297	4297	SUBCHAPTER D. CHANGE IN BOUNDARIES
4298	4298	Sec. 1099.151. TERRITORY THAT MAY BE ANNEXED. (a) The
4299	4299	district may annex territory that is not located in:
4300	4300	(1) Sherman County;
4301	4301	(2) the boundaries of another hospital district; or
4302	4302	(3) the proposed boundaries of another hospital
4303	4303	district authorized by the legislature under Section 9, Article IX,
4304	4304	Texas Constitution.
4305	4305	(b) Territory may be annexed in one or more tracts. Each
4306	4306	tract must be contiguous to:
4307	4307	(1) the district; or
4308	4308	(2) territory proposed to be annexed to the district.
4309	4309	(Acts 61st Leg., R.S., Ch. 470, Sec. 1(a) (part).)
4310	4310	Sec. 1099.152. PETITION TO ANNEX TERRITORY. (a) A petition
4311	4311	requesting that territory be annexed to the district may be
4312	4312	presented to the board. The petition must:
4313	4313	(1) describe the tract or tracts of land to be annexed;
4314	4314	and
4315	4315	(2) be signed by 50 or a majority of the registered
4316	4316	voters who:
4317	4317	(A) reside in the territory to be annexed; and
4318	4318	(B) own property duly rendered for taxation on
4319	4319	the applicable county tax rolls that will be subject to district
4320	4320	taxation.
4321	4321	(b) This subchapter does not prohibit simultaneous action
4322	4322	on several petitions for annexation. A ballot proposition must be
4323	4323	submitted for each different territory proposed to be annexed, and
4324	4324	an election held in each territory represented by an approved
4325	4325	petition.
4326	4326	(c) If the board receives two or more petitions for
4327	4327	annexation that include all or part of the same territory to be
4328	4328	annexed to the district, the petition filed first with the board
4329	4329	shall be considered and another petition that includes any of the
4330	4330	same territory has no effect.
4331	4331	(d) The board may consider all petitions for annexation
4332	4332	presented to it and may approve or reject each petition. The board
4333	4333	may not partly approve or partly reject any petition. (Acts 61st
4334	4334	Leg., R.S., Ch. 470, Sec. 1(a) (part).)
4335	4335	Sec. 1099.153. ELECTION ORDER. (a) If, on receipt of a
4336	4336	petition under Section 1099.152, the board finds that annexing the
4337	4337	territory is in the district's best interest, the board shall
4338	4338	within 90 days of the board's finding:
4339	4339	(1) approve the petition; and
4340	4340	(2) order an election on the question of annexing the
4341	4341	territory to the district.
4342	4342	(b) The election order shall provide for a separate election
4343	4343	in:
4344	4344	(1) the territory proposed to be annexed; and
4345	4345	(2) the district.
4346	4346	(c) The election order shall provide for clerks as in county
4347	4347	elections and must specify:
4348	4348	(1) the date of the election;
4349	4349	(2) the location of the polling places;
4350	4350	(3) the form of ballot; and
4351	4351	(4) the presiding judge and alternate judge for each
4352	4352	polling place.
4353	4353	(d) The election order may provide that:
4354	4354	(1) the entire district is one election precinct; or
4355	4355	(2) the county election precincts be combined for the
4356	4356	election. (Acts 61st Leg., R.S., Ch. 470, Secs. 1(a) (part), 3(a)
4357	4357	(part).)
4358	4358	Sec. 1099.154. BALLOT. The ballot for the election shall be
4359	4359	printed to permit voting for or against the proposition: "The
4360	4360	establishment of the Hospital District with extended boundaries and
4361	4361	establishment of a hospital district tax at a rate not to exceed 40
4362	4362	cents on the $100 valuation." (Acts 61st Leg., R.S., Ch. 470, Sec.
4363	4363	1(a) (part).)
4364	4364	Sec. 1099.155. NOTICE OF ELECTION. (a) Notice of the
4365	4365	election shall be given by publishing once a week for two
4366	4366	consecutive weeks a substantial copy of the election order in a
4367	4367	newspaper or newspapers that individually or collectively have
4368	4368	general circulation in the county or district.
4369	4369	(b) The first publication must appear at least 30 days
4370	4370	before the date of the election. (Acts 61st Leg., R.S., Ch. 470,
4371	4371	Secs. 1(a) (part), 3(a) (part).)
4372	4372	Sec. 1099.156. ELECTION RESULTS. (a) Territory may not be
4373	4373	annexed to the district unless:
4374	4374	(1) an election is held in accordance with this
4375	4375	subchapter; and
4376	4376	(2) the annexation is approved by a majority of the
4377	4377	voters voting in the election in:
4378	4378	(A) the district; and
4379	4379	(B) the territory proposed to be annexed.
4380	4380	(b) If the territory is annexed to the district, a certified
4381	4381	copy of the order canvassing the returns of the election shall be
4382	4382	filed and recorded in the deed records.
4383	4383	(c) The failure of an election under this subchapter does
4384	4384	not prohibit subsequent elections for the same purpose. A
4385	4385	confirmation election may not be held under this subchapter before
4386	4386	the first anniversary of the date of an election previously held
4387	4387	under this subchapter. (Acts 61st Leg., R.S., Ch. 470, Secs. 1(a)
4388	4388	(part), 3(a) (part).)
4389	4389	Sec. 1099.157. EFFECT OF ANNEXATION. (a) Territory
4390	4390	annexed to the district is part of the board for all purposes.
4391	4391	(b) The annexation of territory to the district does not
4392	4392	change the manner in which the board or board officers are selected.
4393	4393	(Acts 61st Leg., R.S., Ch. 470, Sec. 1(a) (part).)
4394	4394	[Sections 1099.158-1099.200 reserved for expansion]
4395	4395	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
4396	4396	Sec. 1099.201. BUDGET. (a) The district manager shall
4397	4397	prepare an annual budget for approval by the board.
4398	4398	(b) The proposed budget must contain a complete financial
4399	4399	statement of:
4400	4400	(1) the outstanding obligations of the district;
4401	4401	(2) the cash on hand to the credit of each district
4402	4402	fund;
4403	4403	(3) the money received by the district from all
4404	4404	sources during the previous year;
4405	4405	(4) the money available to the district from all
4406	4406	sources during the ensuing year;
4407	4407	(5) the balances expected at the end of the year in
4408	4408	which the budget is being prepared;
4409	4409	(6) the estimated revenue and balances available to
4410	4410	cover the proposed budget;
4411	4411	(7) the estimated tax rate required; and
4412	4412	(8) the proposed expenditures and disbursements and
4413	4413	the estimated receipts and collections for the following fiscal
4414	4414	year. (Acts 61st Leg., R.S., Ch. 470, Sec. 6 (part).)
4415	4415	Sec. 1099.202. NOTICE; HEARING; APPROVAL OF BUDGET.
4416	4416	(a) The board shall hold a public hearing on the annual budget.
4417	4417	(b) At least 10 days before the date of the hearing, notice
4418	4418	of the hearing shall be published one time in a newspaper or
4419	4419	newspapers that individually or collectively have general
4420	4420	circulation in the district.
4421	4421	(c) Any property taxpayer of the district is entitled to be
4422	4422	present and participate at the hearing.
4423	4423	(d) At the conclusion of the hearing, the board shall act on
4424	4424	the budget proposed by the district manager. The board may make any
4425	4425	changes in the proposed budget that the board judges to be in the
4426	4426	interests of the taxpayers and the law warrants. The board must
4427	4427	approve the annual budget. (Acts 61st Leg., R.S., Ch. 470, Sec. 6
4428	4428	(part).)
4429	4429	Sec. 1099.203. AMENDMENTS TO BUDGET. The budget may be
4430	4430	amended as required by circumstances. The board must approve all
4431	4431	amendments. (Acts 61st Leg., R.S., Ch. 470, Sec. 6 (part).)
4432	4432	Sec. 1099.204. RESTRICTION ON EXPENDITURES. Money may be
4433	4433	spent only for an expense included in the budget or an amendment to
4434	4434	the budget. (Acts 61st Leg., R.S., Ch. 470, Sec. 6 (part).)
4435	4435	Sec. 1099.205. FISCAL YEAR. The district shall operate on a
4436	4436	fiscal year that begins on September 1 and ends on August 31. (Acts
4437	4437	61st Leg., R.S., Ch. 470, Sec. 6 (part).)
4438	4438	Sec. 1099.206. AUDIT. (a) The district shall have an
4439	4439	independent audit made of the district's financial condition for
4440	4440	each fiscal year.
4441	4441	(b) As soon as the audit is completed, the audit shall be
4442	4442	filed at the district's office. (Acts 61st Leg., R.S., Ch. 470,
4443	4443	Sec. 6 (part).)
4444	4444	Sec. 1099.207. INSPECTION OF AUDIT AND DISTRICT RECORDS.
4445	4445	The audit and other district records shall be open to inspection at
4446	4446	the district's principal office. (Acts 61st Leg., R.S., Ch. 470,
4447	4447	Sec. 6 (part).)
4448	4448	Sec. 1099.208. FINANCIAL REPORT. As soon as practicable
4449	4449	after the close of each fiscal year, the district manager shall
4450	4450	prepare for the board:
4451	4451	(1) a complete sworn statement of all district money;
4452	4452	and
4453	4453	(2) a complete account of the disbursements of that
4454	4454	money. (Acts 61st Leg., R.S., Ch. 470, Sec. 6 (part).)
4455	4455	Sec. 1099.209. DEPOSITORY. (a) The board shall select one
4456	4456	or more banks in the district to serve as a depository for district
4457	4457	money.
4458	4458	(b) All district money, other than money invested as
4459	4459	provided by Section 1099.210(b), and money transmitted to a bank
4460	4460	for payment of bonds or obligations issued by the district, shall be
4461	4461	deposited as received with the depository bank and shall remain on
4462	4462	deposit.
4463	4463	(c) This chapter, including Subsection (b), does not limit
4464	4464	the power of the board to:
4465	4465	(1) place a part of district money on time deposit; or
4466	4466	(2) purchase certificates of deposit. (Acts 61st
4467	4467	Leg., R.S., Ch. 470, Sec. 11.)
4468	4468	Sec. 1099.210. SPENDING AND INVESTMENT RESTRICTIONS. (a)
4469	4469	Except as otherwise provided by Section 1099.107(c) and by
4470	4470	Subchapter F, the district may not incur an obligation payable from
4471	4471	district revenue other than the revenue on hand or to be on hand in
4472	4472	the current and following district fiscal years.
4473	4473	(b) The board may invest operating, depreciation, or
4474	4474	building reserves only in funds or securities specified by Chapter
4475	4475	2256, Government Code. (Acts 61st Leg., R.S., Ch. 470, Secs. 5
4476	4476	(part), 10 (part).)
4477	4477	[Sections 1099.211-1099.250 reserved for expansion]
4478	4478	SUBCHAPTER F. BONDS
4479	4479	Sec. 1099.251. GENERAL OBLIGATION BONDS. The board may
4480	4480	issue and sell general obligation bonds in the name and on the faith
4481	4481	and credit of the district for any purpose relating to the purchase,
4482	4482	construction, acquisition, repair, or renovation of buildings or
4483	4483	improvements and equipping the buildings or improvements for
4484	4484	hospital purposes. (Acts 61st Leg., R.S., Ch. 470, Sec. 7(a)
4485	4485	(part).)
4486	4486	Sec. 1099.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
4487	4487	the time general obligation bonds are issued by the district, the
4488	4488	board shall impose an ad valorem tax at a rate sufficient to create
4489	4489	an interest and sinking fund to pay the principal of and interest on
4490	4490	the bonds as the bonds mature.
4491	4491	(b) The tax required by this section together with any other
4492	4492	ad valorem tax imposed for the district may not exceed the tax rate
4493	4493	approved by the voters at the election authorizing the imposition
4494	4494	of the tax. (Acts 61st Leg., R.S., Ch. 470, Sec. 7(a) (part).)
4495	4495	Sec. 1099.253. GENERAL OBLIGATION BOND ELECTION. (a) The
4496	4496	district may issue general obligation bonds only if the bonds are
4497	4497	authorized by a majority of the district voters voting at an
4498	4498	election held for that purpose.
4499	4499	(b) The order calling the bond election shall provide for
4500	4500	clerks as in county elections and must specify:
4501	4501	(1) the date of the election;
4502	4502	(2) the location of the polling places;
4503	4503	(3) the presiding and alternate election judges for
4504	4504	each polling place;
4505	4505	(4) the amount of the bonds to be authorized; and
4506	4506	(5) the maximum interest rate of the bonds.
4507	4507	(c) Notice of a bond election shall be given as provided by
4508	4508	Section 1251.003, Government Code. (Acts 61st Leg., R.S., Ch. 470,
4509	4509	Sec. 7(a) (part).)
4510	4510	Sec. 1099.254. MATURITY OF GENERAL OBLIGATION BONDS.
4511	4511	District general obligation bonds must mature not later than 40
4512	4512	years after the date of issuance. (Acts 61st Leg., R.S., Ch. 470,
4513	4513	Sec. 7(d) (part).)
4514	4514	Sec. 1099.255. EXECUTION OF GENERAL OBLIGATION BONDS. The
4515	4515	board president shall execute the general obligation bonds in the
4516	4516	district's name and the board secretary shall countersign the bonds
4517	4517	in the manner provided by Chapter 618, Government Code. (Acts 61st
4518	4518	Leg., R.S., Ch. 470, Sec. 7(d) (part).)
4519	4519	Sec. 1099.256. REVENUE BONDS. (a) The board may issue
4520	4520	revenue bonds to:
4521	4521	(1) purchase, construct, acquire, repair, renovate,
4522	4522	or equip buildings or improvements for hospital purposes; or
4523	4523	(2) acquire sites to be used for hospital purposes.
4524	4524	(b) The bonds must be payable from and secured by a pledge of
4525	4525	all or part of district revenue derived from the operation of the
4526	4526	district's hospitals.
4527	4527	(c) The bonds may be additionally secured by a mortgage or
4528	4528	deed of trust lien on all or part of district property.
4529	4529	(d) The bonds must be issued in the manner and in accordance
4530	4530	with the procedures and requirements prescribed by Sections
4531	4531	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
4532	4532	and Safety Code, for issuance of revenue bonds by a county hospital
4533	4533	authority. (Acts 61st Leg., R.S., Ch. 470, Sec. 8 (part).)
4534	4534	Sec. 1099.257. REFUNDING BONDS. (a) The board may, without
4535	4535	an election, issue refunding bonds to refund outstanding
4536	4536	indebtedness issued by the district.
4537	4537	(b) A refunding bond may be:
4538	4538	(1) sold, with the proceeds of the refunding bond
4539	4539	applied to the payment of outstanding indebtedness; or
4540	4540	(2) exchanged wholly or partly for not less than a
4541	4541	similar principal amount of the outstanding indebtedness. (Acts
4542	4542	61st Leg., R.S., Ch. 470, Secs. 7(a) (part), (c) (part), 8 (part).)
4543	4543	Sec. 1099.258. BONDS EXEMPT FROM TAXATION. The following
4544	4544	are exempt from taxation by this state or a political subdivision of
4545	4545	this state:
4546	4546	(1) any bonds issued by the district;
4547	4547	(2) the transfer and issuance of the bonds; and
4548	4548	(3) any profits made in the sale of the bonds. (Acts
4549	4549	61st Leg., R.S., Ch. 470, Sec. 21 (part).)
4550	4550	[Sections 1099.259-1099.300 reserved for expansion]
4551	4551	SUBCHAPTER G. TAXES
4552	4552	Sec. 1099.301. IMPOSITION OF TAX. (a) The board shall
4553	4553	impose a tax on all taxable property in the district subject to
4554	4554	district taxation.
4555	4555	(b) The board shall impose the tax to:
4556	4556	(1) pay the interest on and create a sinking fund for
4557	4557	bonds or other obligations issued by the district for hospital
4558	4558	purposes as provided by this chapter;
4559	4559	(2) provide for the maintenance and operation of the
4560	4560	district and hospital system;
4561	4561	(3) make improvements and additions to the hospital
4562	4562	system; and
4563	4563	(4) acquire necessary sites for the hospital system by
4564	4564	purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 470,
4565	4565	Secs. 3(b) (part), 12 (part).)
4566	4566	Sec. 1099.302. TAX RATE. (a) The board may impose the tax
4567	4567	at a rate not to exceed 40 cents on each $100 valuation of taxable
4568	4568	property in the district.
4569	4569	(b) In setting the tax rate, the board shall consider the
4570	4570	income of the district from sources other than taxation. (Acts 61st
4571	4571	Leg., R.S., Ch. 470, Secs. 3(b) (part), 12 (part).)
4572	4572	Sec. 1099.303. ASSESSMENT AND COLLECTION BY COUNTY TAX
4573	4573	ASSESSOR-COLLECTOR. Unless the board by majority vote elects to
4574	4574	have taxes assessed and collected under Section 1099.304, the tax
4575	4575	assessor-collector of the county in which the district is located
4576	4576	shall assess and collect taxes imposed by and for the district.
4577	4577	(Acts 61st Leg., R.S., Ch. 470, Sec. 15 (part).)
4578	4578	Sec. 1099.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX
4579	4579	ASSESSOR-COLLECTOR. (a) The board, by majority vote, may elect to
4580	4580	have district taxes assessed and collected by a tax
4581	4581	assessor-collector appointed by the board. An election under this
4582	4582	subsection must be made before December 1 and governs the manner in
4583	4583	which taxes are assessed and collected, until changed by a similar
4584	4584	resolution.
4585	4585	(b) The district tax assessor-collector must:
4586	4586	(1) reside in the district; and
4587	4587	(2) own real property subject to district taxation.
4588	4588	(c) The board shall prescribe the district tax
4589	4589	assessor-collector's term of employment and compensation. (Acts 61st Leg., R.S., Ch. 470, Sec. 15 (part).)
4590	4590	CHAPTER 1100. SOUTH RANDALL COUNTY HOSPITAL DISTRICT
4591	4591	SUBCHAPTER A. GENERAL PROVISIONS
4592	4592	Sec. 1100.001. DEFINITIONS
4593	4593	Sec. 1100.002. AUTHORITY FOR OPERATION
4594	4594	Sec. 1100.003. ESSENTIAL PUBLIC FUNCTION
4595	4595	Sec. 1100.004. DISTRICT TERRITORY
4596	4596	Sec. 1100.005. CORRECTION OF INVALID PROCEDURES
4597	4597	Sec. 1100.006. DISTRICT SUPPORT AND MAINTENANCE NOT
4598	4598	STATE OBLIGATION
4599	4599	Sec. 1100.007. RESTRICTION ON STATE FINANCIAL
4600	4600	ASSISTANCE
4601	4601	[Sections 1100.008-1100.050 reserved for expansion]
4602	4602	SUBCHAPTER B. DISTRICT ADMINISTRATION
4603	4603	Sec. 1100.051. BOARD ELECTION; TERM
4604	4604	Sec. 1100.052. NOTICE OF ELECTION
4605	4605	Sec. 1100.053. BALLOT PETITION
4606	4606	Sec. 1100.054. QUALIFICATIONS FOR OFFICE
4607	4607	Sec. 1100.055. BOARD VACANCY
4608	4608	Sec. 1100.056. OFFICERS
4609	4609	Sec. 1100.057. QUORUM; VOTING REQUIREMENT
4610	4610	Sec. 1100.058. EXPENSES
4611	4611	Sec. 1100.059. PAYMENT FOR ATTENDANCE AT MEETINGS
4612	4612	Sec. 1100.060. PETITION TO CHANGE NUMBER OF DIRECTORS
4613	4613	Sec. 1100.061. DISTRICT ADMINISTRATOR; ASSISTANT
4614	4614	ADMINISTRATOR
4615	4615	Sec. 1100.062. GENERAL DUTIES OF DISTRICT
4616	4616	ADMINISTRATOR
4617	4617	Sec. 1100.063. APPOINTMENT OF STAFF AND EMPLOYEES
4618	4618	Sec. 1100.064. RECRUITMENT OF MEDICAL STAFF
4619	4619	Sec. 1100.065. CONTINUING EDUCATION; RETRAINING
4620	4620	[Sections 1100.066-1100.100 reserved for expansion]
4621	4621	SUBCHAPTER C. POWERS AND DUTIES
4622	4622	Sec. 1100.101. DISTRICT RESPONSIBILITY
4623	4623	Sec. 1100.102. RESTRICTION ON POLITICAL SUBDIVISION
4624	4624	TAXATION AND DEBT
4625	4625	Sec. 1100.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
4626	4626	Sec. 1100.104. HOSPITAL SYSTEM
4627	4627	Sec. 1100.105. RULES
4628	4628	Sec. 1100.106. PURCHASING AND ACCOUNTING PROCEDURES
4629	4629	Sec. 1100.107. DISTRICT PROPERTY, FACILITIES, AND
4630	4630	EQUIPMENT
4631	4631	Sec. 1100.108. EMINENT DOMAIN
4632	4632	Sec. 1100.109. GIFTS AND ENDOWMENTS
4633	4633	Sec. 1100.110. CONSTRUCTION CONTRACTS
4634	4634	Sec. 1100.111. OPERATING AND MANAGEMENT CONTRACTS
4635	4635	Sec. 1100.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
4636	4636	FOR CARE AND TREATMENT
4637	4637	Sec. 1100.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
4638	4638	FOR INVESTIGATORY OR OTHER SERVICES
4639	4639	Sec. 1100.114. PAYMENT FOR TREATMENT; PROCEDURES
4640	4640	Sec. 1100.115. REIMBURSEMENT FOR SERVICES
4641	4641	Sec. 1100.116. AUTHORITY TO SUE AND BE SUED
4642	4642	[Sections 1100.117-1100.150 reserved for expansion]
4643	4643	SUBCHAPTER D. CHANGE IN BOUNDARIES
4644	4644	Sec. 1100.151. EXPANSION OF TERRITORY; ELECTION
4645	4645	Sec. 1100.152. BALLOT
4646	4646	[Sections 1100.153-1100.200 reserved for expansion]
4647	4647	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
4648	4648	Sec. 1100.201. BUDGET
4649	4649	Sec. 1100.202. NOTICE; HEARING; APPROVAL OF BUDGET
4650	4650	Sec. 1100.203. AMENDMENTS TO BUDGET
4651	4651	Sec. 1100.204. RESTRICTION ON EXPENDITURES
4652	4652	Sec. 1100.205. FISCAL YEAR
4653	4653	Sec. 1100.206. AUDIT
4654	4654	Sec. 1100.207. INSPECTION OF AUDIT AND DISTRICT
4655	4655	RECORDS
4656	4656	Sec. 1100.208. FINANCIAL REPORT
4657	4657	Sec. 1100.209. DEPOSITORY
4658	4658	Sec. 1100.210. SPENDING AND INVESTMENT RESTRICTIONS
4659	4659	Sec. 1100.211. AUTHORITY TO BORROW MONEY; SECURITY
4660	4660	[Sections 1100.212-1100.250 reserved for expansion]
4661	4661	SUBCHAPTER F. BONDS
4662	4662	Sec. 1100.251. GENERAL OBLIGATION BONDS
4663	4663	Sec. 1100.252. TAX TO PAY GENERAL OBLIGATION BONDS
4664	4664	Sec. 1100.253. GENERAL OBLIGATION BOND ELECTION
4665	4665	Sec. 1100.254. MATURITY OF GENERAL OBLIGATION BONDS
4666	4666	Sec. 1100.255. EXECUTION OF GENERAL OBLIGATION BONDS
4667	4667	Sec. 1100.256. REVENUE BONDS
4668	4668	Sec. 1100.257. REFUNDING BONDS
4669	4669	Sec. 1100.258. BONDS EXEMPT FROM TAXATION
4670	4670	[Sections 1100.259-1100.300 reserved for expansion]
4671	4671	SUBCHAPTER G. TAXES
4672	4672	Sec. 1100.301. IMPOSITION OF AD VALOREM TAX
4673	4673	Sec. 1100.302. TAX RATE
4674	4674	Sec. 1100.303. TAX ASSESSOR-COLLECTOR
4675	4675	[Sections 1100.304-1100.350 reserved for expansion]
4676	4676	SUBCHAPTER H. DISSOLUTION
4677	4677	Sec. 1100.351. DISSOLUTION; ELECTION
4678	4678	Sec. 1100.352. BALLOT
4679	4679	Sec. 1100.353. ELECTION RESULTS
4680	4680	Sec. 1100.354. TRANSFER OR ADMINISTRATION OF ASSETS
4681	4681	Sec. 1100.355. IMPOSITION OF TAX
4682	4682	Sec. 1100.356. RETURN OF SURPLUS TAXES
4683	4683	Sec. 1100.357. REPORT; DISSOLUTION ORDER
4684	4684	CHAPTER 1100. SOUTH RANDALL COUNTY HOSPITAL DISTRICT
4685	4685	SUBCHAPTER A. GENERAL PROVISIONS
4686	4686	Sec. 1100.001. DEFINITIONS. In this chapter:
4687	4687	(1) "Board" means the board of directors of the
4688	4688	district.
4689	4689	(2) "Director" means a member of the board.
4690	4690	(3) "District" means the South Randall County Hospital
4691	4691	District. (New.)
4692	4692	Sec. 1100.002. AUTHORITY FOR OPERATION. The South Randall
4693	4693	County Hospital District operates in accordance with Section 9,
4694	4694	Article IX, Texas Constitution, and has the rights, powers, and
4695	4695	duties provided by this chapter. (Acts 62nd Leg., R.S., Ch. 200,
4696	4696	Sec. 1 (part).)
4697	4697	Sec. 1100.003. ESSENTIAL PUBLIC FUNCTION. The district
4698	4698	performs an essential public function in carrying out the purposes
4699	4699	of this chapter. (Acts 62nd Leg., R.S., Ch. 200, Sec. 21 (part).)
4700	4700	Sec. 1100.004. DISTRICT TERRITORY. Unless the district's
4701	4701	boundaries are expanded under Subchapter D, the boundaries of the
4702	4702	district are coextensive with the boundaries of County
4703	4703	Commissioners Precinct Number 3 of Randall County, Texas, as the
4704	4704	boundaries of that precinct existed on January 1, 1971. (Acts 62nd
4705	4705	Leg., R.S., Ch. 200, Sec. 1 (part).)
4706	4706	Sec. 1100.005. CORRECTION OF INVALID PROCEDURES. If a
4707	4707	court holds that any procedure under this chapter violates the
4708	4708	constitution of this state or of the United States, the district by
4709	4709	resolution may provide an alternative procedure that conforms with
4710	4710	the constitution. (Acts 62nd Leg., R.S., Ch. 200, Sec. 23 (part).)
4711	4711	Sec. 1100.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
4712	4712	OBLIGATION. The support and maintenance of the district may not
4713	4713	become a charge against or obligation of this state. (Acts 62nd
4714	4714	Leg., R.S., Ch. 200, Sec. 20 (part).)
4715	4715	Sec. 1100.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
4716	4716	The legislature may not make a direct appropriation for the
4717	4717	construction, maintenance, or improvement of a district facility.
4718	4718	(Acts 62nd Leg., R.S., Ch. 200, Sec. 20 (part).)
4719	4719	[Sections 1100.008-1100.050 reserved for expansion]
4720	4720	SUBCHAPTER B. DISTRICT ADMINISTRATION
4721	4721	Sec. 1100.051. BOARD ELECTION; TERM. (a) Unless the number
4722	4722	of directors is increased or decreased in accordance with Section
4723	4723	1100.060, the board consists of seven directors elected from the
4724	4724	district at large.
4725	4725	(b) Unless four-year terms are established under Section
4726	4726	285.081, Health and Safety Code:
4727	4727	(1) directors serve staggered two-year terms; and
4728	4728	(2) an election shall be held annually on the May
4729	4729	uniform election date to elect the appropriate number of directors.
4730	4730	(Acts 62nd Leg., R.S., Ch. 200, Sec. 4(c) (part).)
4731	4731	Sec. 1100.052. NOTICE OF ELECTION. At least 30 days before
4732	4732	the date of a directors' election, notice of the election must be
4733	4733	published one time in a newspaper or newspapers that individually
4734	4734	or collectively have general circulation in the district. (Acts
4735	4735	62nd Leg., R.S., Ch. 200, Sec. 4(c) (part).)
4736	4736	Sec. 1100.053. BALLOT PETITION. A person who wants to have
4737	4737	the person's name printed on the ballot as a candidate for director
4738	4738	must file with the board secretary a petition requesting that
4739	4739	action. The petition must be:
4740	4740	(1) signed by at least 10 registered taxpaying voters;
4741	4741	and
4742	4742	(2) filed by the deadline imposed by Section 144.005,
4743	4743	Election Code. (Acts 62nd Leg., R.S., Ch. 200, Sec. 4(c) (part).)
4744	4744	Sec. 1100.054. QUALIFICATIONS FOR OFFICE. (a) A person may
4745	4745	not be elected or appointed as a director unless the person is:
4746	4746	(1) a resident of the district; and
4747	4747	(2) a qualified voter.
4748	4748	(b) A person is not eligible to serve as a director if the
4749	4749	person is:
4750	4750	(1) the district administrator;
4751	4751	(2) a district employee; or
4752	4752	(3) a member of the hospital staff. (Acts 62nd Leg.,
4753	4753	R.S., Ch. 200, Sec. 4(d).)
4754	4754	Sec. 1100.055. BOARD VACANCY. If a vacancy occurs in the
4755	4755	office of director, the remaining directors shall fill the vacancy
4756	4756	for the unexpired term. (Acts 62nd Leg., R.S., Ch. 200, Sec. 4(c)
4757	4757	(part).)
4758	4758	Sec. 1100.056. OFFICERS. (a) The board shall elect:
4759	4759	(1) a president and a vice president from among its
4760	4760	members; and
4761	4761	(2) a secretary, who need not be a director.
4762	4762	(b) Each officer of the board serves a one-year term.
4763	4763	(c) The board shall fill a vacancy in a board office for the
4764	4764	unexpired term. (Acts 62nd Leg., R.S., Ch. 200, Sec. 4(e) (part).)
4765	4765	Sec. 1100.057. QUORUM; VOTING REQUIREMENT. (a) Any four
4766	4766	directors constitute a quorum.
4767	4767	(b) A concurrence of four directors is sufficient in any
4768	4768	matter relating to district business. (Acts 62nd Leg., R.S., Ch.
4769	4769	200, Sec. 4(e) (part).)
4770	4770	Sec. 1100.058. EXPENSES. A director or officer may be
4771	4771	reimbursed for actual expenses incurred in the performance of
4772	4772	official duties. The expenses must be:
4773	4773	(1) reported in the district's records; and
4774	4774	(2) approved by the board. (Acts 62nd Leg., R.S., Ch.
4775	4775	200, Sec. 4(e) (part).)
4776	4776	Sec. 1100.059. PAYMENT FOR ATTENDANCE AT MEETINGS. The
4777	4777	board may establish a system of payments set at a reasonable amount
4778	4778	determined by the board for attending board or committee meetings
4779	4779	related to the performance of official duties. (Acts 62nd Leg.,
4780	4780	R.S., Ch. 200, Sec. 4(e) (part).)
4781	4781	Sec. 1100.060. PETITION TO CHANGE NUMBER OF DIRECTORS. (a)
4782	4782	A petition to increase or decrease the number of directors by one or
4783	4783	two directors may be presented to the board at any time.
4784	4784	(b) A petition to increase or decrease the number of
4785	4785	directors must:
4786	4786	(1) be executed by at least 100 registered voters of
4787	4787	the district; and
4788	4788	(2) suggest the number of directors the petitioners
4789	4789	believe are required for the orderly administration of district
4790	4790	affairs.
4791	4791	(c) Not later than the 90th day after the date a proper
4792	4792	petition is presented to the board, the board shall order an
4793	4793	election on the question of changing the number of directors to a
4794	4794	number not to exceed the number suggested by the petition.
4795	4795	(d) The order calling the election shall provide for
4796	4796	election officials as in county elections and must specify:
4797	4797	(1) the date of the election; and
4798	4798	(2) the location of the polling places.
4799	4799	(e) Notice of the election shall be published as provided by
4800	4800	Section 1251.003, Government Code.
4801	4801	(f) The ballot for the election shall be printed to permit
4802	4802	voting for or against the proposition: "Providing for an increase
4803	4803	(decrease) in the number of directors of the South Randall County
4804	4804	Hospital District."
4805	4805	(g) If a proposition to increase the number of directors is
4806	4806	approved by a majority of the voters participating in the election:
4807	4807	(1) each director in office shall continue to serve
4808	4808	for the term for which the director was elected or appointed; and
4809	4809	(2) the board shall appoint any additional directors
4810	4810	to serve until the next regular election of directors, at which time
4811	4811	a successor shall be elected.
4812	4812	(h) If a proposition to decrease the number of directors is
4813	4813	approved by a majority of the voters participating in the election:
4814	4814	(1) the reduction takes effect at the next regular
4815	4815	election or election of directors; and
4816	4816	(2) not more than one position may be deleted at each
4817	4817	election.
4818	4818	(i) Notwithstanding Subsection (c), another election for
4819	4819	the same purpose may not be held before the third anniversary of the
4820	4820	date of an election under this section. (Acts 62nd Leg., R.S., Ch.
4821	4821	200, Sec. 4(f) (part).)
4822	4822	Sec. 1100.061. DISTRICT ADMINISTRATOR; ASSISTANT
4823	4823	ADMINISTRATOR. (a) The board shall appoint a qualified person as
4824	4824	district administrator.
4825	4825	(b) The district administrator may appoint an assistant
4826	4826	administrator.
4827	4827	(c) The district administrator shall serve at the will of
4828	4828	the board and shall receive the compensation determined by the
4829	4829	board.
4830	4830	(d) On assuming the duties of district administrator, the
4831	4831	administrator shall execute a bond payable to the district in an
4832	4832	amount set by the board of not less than $5,000 that:
4833	4833	(1) is conditioned on the administrator performing the
4834	4834	administrator's duties; and
4835	4835	(2) contains any other condition the board requires.
4836	4836	(Acts 62nd Leg., R.S., Ch. 200, Sec. 5 (part).)
4837	4837	Sec. 1100.062. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
4838	4838	Subject to any limitation prescribed by the board, the district
4839	4839	administrator shall:
4840	4840	(1) supervise the work and activities of the district;
4841	4841	and
4842	4842	(2) direct the affairs of the district. (Acts 62nd
4843	4843	Leg., R.S., Ch. 200, Sec. 5 (part).)
4844	4844	Sec. 1100.063. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
4845	4845	board may appoint to the staff any doctors the board considers
4846	4846	necessary for the efficient operation of the district and may make
4847	4847	temporary appointments if warranted.
4848	4848	(b) The district may employ fiscal agents, accountants,
4849	4849	architects, and attorneys as the board considers proper.
4850	4850	(c) The board may delegate to the district administrator the
4851	4851	authority to employ district employees, including technicians and
4852	4852	nurses. (Acts 62nd Leg., R.S., Ch. 200, Secs. 5 (part), 16.)
4853	4853	Sec. 1100.064. RECRUITMENT OF MEDICAL STAFF. (a) The
4854	4854	district may spend district money to recruit physicans, nurses, or
4855	4855	other trained medical personnel.
4856	4856	(b) The district may pay the tuition or other costs or
4857	4857	expenses of a full-time medical or nursing student who:
4858	4858	(1) is enrolled in and is in good standing at an
4859	4859	accredited school, college, or university; and
4860	4860	(2) contractually agrees to become a district employee
4861	4861	in return for that assistance. (Acts 62nd Leg., R.S., Ch. 200, Secs.
4862	4862	5A(a), (b).)
4863	4863	Sec. 1100.065. CONTINUING EDUCATION; RETRAINING. The board
4864	4864	may spend district money for continuing education and retraining of
4865	4865	employees. (Acts 62nd Leg., R.S., Ch. 200, Sec. 5A(c).)
4866	4866	[Sections 1100.066-1100.100 reserved for expansion]
4867	4867	SUBCHAPTER C. POWERS AND DUTIES
4868	4868	Sec. 1100.101. DISTRICT RESPONSIBILITY. The district has
4869	4869	full responsibility for operating all hospital facilities for
4870	4870	providing hospital care for the district's needy inhabitants.
4871	4871	(Acts 62nd Leg., R.S., Ch. 200, Sec. 19 (part).)
4872	4872	Sec. 1100.102. RESTRICTION ON POLITICAL SUBDIVISION
4873	4873	TAXATION AND DEBT. A political subdivision located within the
4874	4874	district may not impose a tax or issue bonds or other obligations
4875	4875	for hospital purposes or to provide medical care for district
4876	4876	inhabitants. (Acts 62nd Leg., R.S., Ch. 200, Sec. 19 (part).)
4877	4877	Sec. 1100.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
4878	4878	The board shall manage, control, and administer the hospital system
4879	4879	and the district's money and resources. (Acts 62nd Leg., R.S., Ch.
4880	4880	200, Sec. 5 (part).)
4881	4881	Sec. 1100.104. HOSPITAL SYSTEM. (a) The district shall
4882	4882	provide for:
4883	4883	(1) the establishment of a hospital system by:
4884	4884	(A) purchasing, constructing, acquiring,
4885	4885	repairing, or renovating buildings and equipment; and
4886	4886	(B) equipping the buildings; and
4887	4887	(2) the administration of the hospital system for
4888	4888	hospital purposes.
4889	4889	(b) The hospital system may include:
4890	4890	(1) domiciliary care and treatment of the sick,
4891	4891	injured, or geriatric;
4892	4892	(2) outpatient clinics;
4893	4893	(3) dispensaries;
4894	4894	(4) convalescent home facilities;
4895	4895	(5) necessary nurses;
4896	4896	(6) domiciliaries and training centers;
4897	4897	(7) blood banks;
4898	4898	(8) community mental health centers;
4899	4899	(9) research centers or laboratories; and
4900	4900	(10) any other facilities the board considers
4901	4901	necessary for hospital care. (Acts 62nd Leg., R.S., Ch. 200, Secs.
4902	4902	2 (part), 10(a) (part).)
4903	4903	Sec. 1100.105. RULES. The board may adopt rules governing
4904	4904	the operation of the hospital, the hospital system, and the
4905	4905	district's staff and employees. (Acts 62nd Leg., R.S., Ch. 200,
4906	4906	Sec. 5 (part).)
4907	4907	Sec. 1100.106. PURCHASING AND ACCOUNTING PROCEDURES. The
4908	4908	board may prescribe:
4909	4909	(1) the method and manner of making purchases and
4910	4910	expenditures by and for the district; and
4911	4911	(2) all accounting and control procedures. (Acts 62nd
4912	4912	Leg., R.S., Ch. 200, Sec. 10(b) (part).)
4913	4913	Sec. 1100.107. DISTRICT PROPERTY, FACILITIES, AND
4914	4914	EQUIPMENT. (a) The board shall determine the type, number, and
4915	4915	location of buildings required to maintain an adequate hospital
4916	4916	system.
4917	4917	(b) The board may lease all or part of the district's
4918	4918	buildings and other facilities on terms considered to be in the best
4919	4919	interest of the district's inhabitants. The term of the lease may
4920	4920	not exceed 25 years.
4921	4921	(c) The district may acquire or lease equipment for use in
4922	4922	the district's hospital system and mortgage or pledge the property
4923	4923	as security for the payment of the purchase price. A contract
4924	4924	entered into under this subsection must provide that the entire
4925	4925	obligation be retired not later than the fifth anniversary of the
4926	4926	date of the contract.
4927	4927	(d) The district may borrow money to purchase equipment or
4928	4928	for other purposes authorized by the board. The board may pledge
4929	4929	all or part of the district's tax revenue to the payment of the
4930	4930	amounts borrowed. Section 1100.211(c) does not apply to amounts
4931	4931	borrowed under this subsection.
4932	4932	(e) The district may sell or otherwise dispose of any
4933	4933	property, including equipment, on terms the board finds are in the
4934	4934	best interest of the district's inhabitants. (Acts 62nd Leg.,
4935	4935	R.S., Ch. 200, Secs. 10(a) (part), (b) (part).)
4936	4936	Sec. 1100.108. EMINENT DOMAIN. (a) The district may
4937	4937	exercise the power of eminent domain to acquire a fee simple or
4938	4938	other interest in any type of property located in district
4939	4939	territory if the interest is necessary or convenient to a power,
4940	4940	right, or privilege conferred by this chapter.
4941	4941	(b) The district must exercise the power of eminent domain
4942	4942	in the manner provided by Chapter 21, Property Code, except the
4943	4943	district is not required to deposit in the trial court money or a
4944	4944	bond as provided by Section 21.021(a), Property Code.
4945	4945	(c) In a condemnation proceeding brought by the district,
4946	4946	the district is not required to:
4947	4947	(1) pay in advance or provide a bond or other security
4948	4948	for costs in the trial court;
4949	4949	(2) provide a bond for the issuance of a temporary
4950	4950	restraining order or a temporary injunction; or
4951	4951	(3) provide a bond for costs or a supersedeas bond on
4952	4952	an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 200,
4953	4953	Sec. 14.)
4954	4954	Sec. 1100.109. GIFTS AND ENDOWMENTS. The board may accept
4955	4955	for the district a gift or endowment to be held in trust and
4956	4956	administered by the board for the purposes and under the
4957	4957	directions, limitations, or other provisions prescribed in writing
4958	4958	by the donor that are not inconsistent with the proper management
4959	4959	and objectives of the district. (Acts 62nd Leg., R.S., Ch. 200,
4960	4960	Sec. 18.)
4961	4961	Sec. 1100.110. CONSTRUCTION CONTRACTS. A construction
4962	4962	contract that involves the expenditure of more than $15,000 may be
4963	4963	made only after advertising in the manner provided by Subchapter B,
4964	4964	Chapter 271, Local Government Code. (Acts 62nd Leg., R.S., Ch. 200,
4965	4965	Sec. 10(b) (part).)
4966	4966	Sec. 1100.111. OPERATING AND MANAGEMENT CONTRACTS. The
4967	4967	board may enter into an operating or management contract relating
4968	4968	to a district facility. (Acts 62nd Leg., R.S., Ch. 200, Sec. 10(a)
4969	4969	(part).)
4970	4970	Sec. 1100.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
4971	4971	CARE AND TREATMENT. (a) The board may contract with a county or
4972	4972	municipality located outside the district's boundaries for the care
4973	4973	and treatment of a sick or injured person of that county or
4974	4974	municipality.
4975	4975	(b) The board may contract with this state or a federal
4976	4976	agency for the state or federal government to reimburse the
4977	4977	district for treatment of a sick or injured person. (Acts 62nd
4978	4978	Leg., R.S., Ch. 200, Sec. 5 (part).)
4979	4979	Sec. 1100.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
4980	4980	INVESTIGATORY OR OTHER SERVICES. The board may contract with
4981	4981	another political subdivision or governmental agency for the
4982	4982	district to provide investigatory or other services for the
4983	4983	medical, hospital, or welfare needs of district inhabitants. (Acts
4984	4984	62nd Leg., R.S., Ch. 200, Sec. 5 (part).)
4985	4985	Sec. 1100.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
4986	4986	When a patient who resides in the district is admitted to a district
4987	4987	facility, the district administrator may have an inquiry made into
4988	4988	the circumstances of:
4989	4989	(1) the patient; and
4990	4990	(2) the patient's relatives legally liable for the
4991	4991	patient's support.
4992	4992	(b) If the district administrator determines that the
4993	4993	patient or those relatives cannot pay for all or part of the
4994	4994	patient's care and treatment in the hospital, the amount that
4995	4995	cannot be paid becomes a charge against the district.
4996	4996	(c) If the district administrator determines that the
4997	4997	patient or those relatives can pay for all or part of the patient's
4998	4998	care and treatment, the patient or those relatives shall be ordered
4999	4999	to pay the district a specified amount each week for the patient's
5000	5000	care and support. The amount ordered must be proportionate to their
5001	5001	financial ability.
5002	5002	(d) The district administrator may collect the amount from
5003	5003	the patient's estate, or from those relatives legally liable for
5004	5004	the patient's support, in the manner provided by law for the
5005	5005	collection of expenses of the last illness of a deceased person.
5006	5006	(e) If there is a dispute as to the ability to pay, or doubt
5007	5007	in the mind of the district administrator, the board shall hold a
5008	5008	hearing and, after calling witnesses, shall:
5009	5009	(1) resolve the dispute or doubt; and
5010	5010	(2) issue any appropriate order.
5011	5011	(f) The final order of the board may be appealed to the
5012	5012	district court. The substantial evidence rule applies to the
5013	5013	appeal. (Acts 62nd Leg., R.S., Ch. 200, Sec. 17.)
5014	5014	Sec. 1100.115. REIMBURSEMENT FOR SERVICES. (a) The board
5015	5015	shall require the sheriff of Randall County or the police chief of a
5016	5016	municipality located in Randall County, as appropriate, to
5017	5017	reimburse the district for the district's care and treatment of a
5018	5018	person confined in a jail facility of Randall County or a
5019	5019	municipality located in Randall County who is not a district
5020	5020	resident.
5021	5021	(b) A person confined in a jail facility of Randall County
5022	5022	or a municipality located in Randall County, as appropriate, is not
5023	5023	considered a district resident unless the person meets the
5024	5024	qualifications for residency notwithstanding the confinement, the
5025	5025	length of confinement, or the facts surrounding the confinement.
5026	5026	(Acts 62nd Leg., R.S., Ch. 200, Sec. 5 (part).)
5027	5027	Sec. 1100.116. AUTHORITY TO SUE AND BE SUED. The district,
5028	5028	through the board, may sue and be sued. (Acts 62nd Leg., R.S., Ch.
5029	5029	200, Sec. 5 (part).)
5030	5030	[Sections 1100.117-1100.150 reserved for expansion]
5031	5031	SUBCHAPTER D. CHANGE IN BOUNDARIES
5032	5032	Sec. 1100.151. EXPANSION OF TERRITORY; ELECTION. (a) The
5033	5033	board may order an election on the question of:
5034	5034	(1) expanding the district's boundaries to include all
5035	5035	of the territory in Randall County that is not included in the City
5036	5036	of Amarillo Hospital District;
5037	5037	(2) the assumption by the additional territory of a
5038	5038	proportionate share of district debt; and
5039	5039	(3) the imposition of taxes in the territory to be
5040	5040	added to that district.
5041	5041	(b) The district may not be expanded unless the expansion,
5042	5042	assumption of debt, and imposition of taxes are approved by a
5043	5043	majority of the voters at:
5044	5044	(1) an election held in the district; and
5045	5045	(2) a separate election held in the territory to be
5046	5046	added.
5047	5047	(c) The election in the district and the election in the
5048	5048	territory to be added must be held on the same day.
5049	5049	(d) Section 41.001(a), Election Code, does not apply to an
5050	5050	election ordered under this section. (Acts 62nd Leg., R.S., Ch.
5051	5051	200, Secs. 1A(a), (c), (d), (e) (part).)
5052	5052	Sec. 1100.152. BALLOT. The ballot for the election must be
5053	5053	printed to permit voting for or against the proposition:
5054	5054	"Expanding the South Randall County Hospital District to include
5055	5055	all of the territory in Randall County that is not included in the
5056	5056	City of Amarillo Hospital District, the assumption by the
5057	5057	additional territory of its proportionate share of the district's
5058	5058	outstanding debt, and the imposition of a tax not to exceed 75 cents
5059	5059	on each $100 of valuation on all taxable property in the expanded
5060	5060	area of the district." (Acts 62nd Leg., R.S., Ch. 200, Sec. 1A(b).)
5061	5061	[Sections 1100.153-1100.200 reserved for expansion]
5062	5062	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
5063	5063	Sec. 1100.201. BUDGET. (a) The district administrator
5064	5064	shall prepare an annual budget for approval by the board.
5065	5065	(b) The proposed budget must contain a complete financial
5066	5066	statement of:
5067	5067	(1) the outstanding obligations of the district;
5068	5068	(2) the cash on hand to the credit of each district
5069	5069	fund;
5070	5070	(3) the money received by the district from all
5071	5071	sources during the previous year;
5072	5072	(4) the money available to the district from all
5073	5073	sources during the ensuing year;
5074	5074	(5) the balances expected at the end of the year in
5075	5075	which the budget is being prepared;
5076	5076	(6) the estimated revenue and balances available to
5077	5077	cover the proposed budget; and
5078	5078	(7) the estimated tax rate required. (Acts 62nd Leg.,
5079	5079	R.S., Ch. 200, Sec. 6 (part).)
5080	5080	Sec. 1100.202. NOTICE; HEARING; APPROVAL OF BUDGET. (a)
5081	5081	The board shall hold a public hearing on the proposed annual budget.
5082	5082	(b) At least 10 days before the date of the hearing, notice
5083	5083	of the hearing shall be published one time.
5084	5084	(c) Any district taxpayer is entitled to be present and
5085	5085	participate at the hearing.
5086	5086	(d) At the conclusion of the hearing, the board shall act on
5087	5087	the budget proposed by the district administrator. The board may
5088	5088	make any changes in the proposed budget that the board judges to be
5089	5089	in the interest of the taxpayers and the law warrants. (Acts 62nd
5090	5090	Leg., R.S., Ch. 200, Sec. 6 (part).)
5091	5091	Sec. 1100.203. AMENDMENTS TO BUDGET. The annual budget may
5092	5092	be amended as required by circumstances. The board must approve all
5093	5093	amendments. (Acts 62nd Leg., R.S., Ch. 200, Sec. 6 (part).)
5094	5094	Sec. 1100.204. RESTRICTION ON EXPENDITURES. Money may be
5095	5095	spent only for an expense included in the annual budget or an
5096	5096	amendment to the budget. (Acts 62nd Leg., R.S., Ch. 200, Sec. 6
5097	5097	(part).)
5098	5098	Sec. 1100.205. FISCAL YEAR. (a) The district operates
5099	5099	according to a fiscal year established by the board.
5100	5100	(b) The fiscal year may not be changed more than once in a
5101	5101	24-month period. (Acts 62nd Leg., R.S., Ch. 200, Sec. 6 (part).)
5102	5102	Sec. 1100.206. AUDIT. The board shall have an audit made of
5103	5103	the district's financial condition. (Acts 62nd Leg., R.S., Ch.
5104	5104	200, Sec. 6 (part).)
5105	5105	Sec. 1100.207. INSPECTION OF AUDIT AND DISTRICT RECORDS.
5106	5106	The audit and other district records shall be open to inspection at
5107	5107	the district's principal office. (Acts 62nd Leg., R.S., Ch. 200,
5108	5108	Sec. 6 (part).)
5109	5109	Sec. 1100.208. FINANCIAL REPORT. As soon as practicable
5110	5110	after the close of each fiscal year, the district administrator
5111	5111	shall prepare for the board:
5112	5112	(1) a complete sworn statement of all district money;
5113	5113	and
5114	5114	(2) a complete account of the disbursements of that
5115	5115	money. (Acts 62nd Leg., R.S., Ch. 200, Sec. 6 (part).)
5116	5116	Sec. 1100.209. DEPOSITORY. (a) The board shall select one
5117	5117	or more banks or other federally insured financial institutions
5118	5118	inside or outside the district to serve as a depository for district
5119	5119	money.
5120	5120	(b) District money, other than money invested as provided by
5121	5121	Section 1100.210(b), and money transmitted to a bank for payment of
5122	5122	bonds or obligations issued or assumed by the district, shall be
5123	5123	deposited as received with the depository and shall remain on
5124	5124	deposit.
5125	5125	(c) This chapter, including Subsection (b), does not limit
5126	5126	the power of the board to:
5127	5127	(1) place a portion of district money on time deposit;
5128	5128	or
5129	5129	(2) purchase certificates of deposit. (Acts 62nd
5130	5130	Leg., R.S., Ch. 200, Sec. 11.)
5131	5131	Sec. 1100.210. SPENDING AND INVESTMENT RESTRICTIONS. (a)
5132	5132	Except as otherwise provided by Sections 1100.104(b), 1100.107,
5133	5133	1100.110, 1100.111, and 1100.211 and Subchapter F, the district may
5134	5134	not incur an obligation payable from district revenue other than
5135	5135	the revenue on hand or to be on hand in the current and following
5136	5136	district fiscal years.
5137	5137	(b) The board may invest district money in funds and
5138	5138	securities as prescribed by Chapter 2256, Government Code. (Acts
5139	5139	62nd Leg., R.S., Ch. 200, Secs. 5 (part), 10(b) (part).)
5140	5140	Sec. 1100.211. AUTHORITY TO BORROW MONEY; SECURITY. (a)
5141	5141	The board may borrow money at a rate not to exceed the maximum
5142	5142	annual percentage rate allowed by law for district obligations at
5143	5143	the time the loan is made if the board declares that:
5144	5144	(1) money is not available to meet authorized district
5145	5145	obligations; and
5146	5146	(2) an emergency exists.
5147	5147	(b) To secure a loan, the board may pledge:
5148	5148	(1) district revenue that is not pledged to pay the
5149	5149	district's bonded indebtedness;
5150	5150	(2) a district tax to be imposed by the district in the
5151	5151	next 12-month period that is not pledged to pay the principal of or
5152	5152	interest on district bonds; or
5153	5153	(3) district bonds that have been authorized but not
5154	5154	sold.
5155	5155	(c) A loan for which taxes or bonds are pledged must mature
5156	5156	not later than the first anniversary of the date the loan is made. A
5157	5157	loan for which district revenue is pledged must mature not later
5158	5158	than the fifth anniversary of the date the loan is made.
5159	5159	(d) The board may not spend money obtained from a loan under
5160	5160	this section for any purpose other than:
5161	5161	(1) the purpose for which the board declared an
5162	5162	emergency; and
5163	5163	(2) if district taxes or bonds are pledged to pay the
5164	5164	loan, the purposes for which the pledged taxes were imposed or the
5165	5165	pledged bonds were authorized. (Acts 62nd Leg., R.S., Ch. 200, Sec.
5166	5166	9A.)
5167	5167	[Sections 1100.212-1100.250 reserved for expansion]
5168	5168	SUBCHAPTER F. BONDS
5169	5169	Sec. 1100.251. GENERAL OBLIGATION BONDS. The board may
5170	5170	issue and sell general obligation bonds in the name and on the faith
5171	5171	and credit of the district for any purpose relating to:
5172	5172	(1) the purchase, construction, acquisition, repair,
5173	5173	or renovation of buildings or improvements; and
5174	5174	(2) equipping buildings or improvements for hospital
5175	5175	purposes. (Acts 62nd Leg., R.S., Ch. 200, Sec. 7 (part).)
5176	5176	Sec. 1100.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
5177	5177	the time general obligation bonds are issued by the district, the
5178	5178	board shall impose an ad valorem tax at a rate sufficient to create
5179	5179	an interest and sinking fund to pay the principal of and interest on
5180	5180	the bonds as the bonds mature.
5181	5181	(b) The tax required by this section may not in any year
5182	5182	exceed 75 cents on each $100 valuation of all taxable property in
5183	5183	the district subject to hospital district taxation. (Acts 62nd
5184	5184	Leg., R.S., Ch. 200, Sec. 7 (part).)
5185	5185	Sec. 1100.253. GENERAL OBLIGATION BOND ELECTION. (a) The
5186	5186	district may issue general obligation bonds only if the bonds are
5187	5187	authorized by a majority of the district voters voting at an
5188	5188	election held for that purpose.
5189	5189	(b) The order calling a bond election must provide for
5190	5190	clerks as in county elections and must specify:
5191	5191	(1) the date of the election;
5192	5192	(2) the location of the polling places;
5193	5193	(3) the presiding and alternate election judges for
5194	5194	each polling place;
5195	5195	(4) the amount of the bonds to be authorized; and
5196	5196	(5) the maximum maturity of the bonds.
5197	5197	(c) Notice of a bond election shall be published as provided
5198	5198	by Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch.
5199	5199	200, Sec. 7 (part).)
5200	5200	Sec. 1100.254. MATURITY OF GENERAL OBLIGATION BONDS.
5201	5201	District general obligation bonds must mature not later than 40
5202	5202	years after the date of issuance. (Acts 62nd Leg., R.S., Ch. 200,
5203	5203	Sec. 7 (part).)
5204	5204	Sec. 1100.255. EXECUTION OF GENERAL OBLIGATION BONDS. The
5205	5205	board president shall execute the district's general obligation
5206	5206	bonds in the district's name, and the board secretary shall
5207	5207	countersign the general obligation bonds in the manner provided by
5208	5208	Chapter 618, Government Code. (Acts 62nd Leg., R.S., Ch. 200, Sec.
5209	5209	7 (part).)
5210	5210	Sec. 1100.256. REVENUE BONDS. (a) The board may issue
5211	5211	revenue bonds to:
5212	5212	(1) purchase, construct, acquire, repair, renovate,
5213	5213	or equip buildings or improvements for hospital purposes; or
5214	5214	(2) acquire sites to be used for hospital purposes.
5215	5215	(b) The bonds must be payable from and secured by a pledge of
5216	5216	all or part of the revenue derived from the operation of the
5217	5217	district's hospitals.
5218	5218	(c) The bonds may be additionally secured by a mortgage or
5219	5219	deed of trust lien on all or part of district property.
5220	5220	(d) The bonds must be issued in the manner and in accordance
5221	5221	with the procedures and requirements prescribed by Sections
5222	5222	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
5223	5223	and Safety Code, for issuance of revenue bonds by a county hospital
5224	5224	authority. (Acts 62nd Leg., R.S., Ch. 200, Sec. 9 (part).)
5225	5225	Sec. 1100.257. REFUNDING BONDS. (a) The board may, without
5226	5226	an election, issue refunding bonds to refund outstanding
5227	5227	indebtedness issued or assumed by the district.
5228	5228	(b) A refunding bond may be:
5229	5229	(1) sold, with the proceeds of the refunding bond
5230	5230	applied to the payment of outstanding indebtedness; or
5231	5231	(2) exchanged wholly or partly for not less than a
5232	5232	similar principal amount of outstanding indebtedness. (Acts 62nd
5233	5233	Leg., R.S., Ch. 200, Secs. 7 (part), 9 (part).)
5234	5234	Sec. 1100.258. BONDS EXEMPT FROM TAXATION. The following
5235	5235	are exempt from taxation by this state or a political subdivision of
5236	5236	this state:
5237	5237	(1) bonds issued by the district;
5238	5238	(2) the transfer and issuance of the bonds; and
5239	5239	(3) any profits made in the sale of the bonds. (Acts
5240	5240	62nd Leg., R.S., Ch. 200, Sec. 21 (part).)
5241	5241	[Sections 1100.259-1100.300 reserved for expansion]
5242	5242	SUBCHAPTER G. TAXES
5243	5243	Sec. 1100.301. IMPOSITION OF AD VALOREM TAX. (a) The board
5244	5244	shall impose a tax on all taxable property in the district subject
5245	5245	to district taxation.
5246	5246	(b) The board shall impose the tax to pay:
5247	5247	(1) the district's indebtedness, including
5248	5248	obligations created or assumed by the district; and
5249	5249	(2) the district's maintenance and operating expenses.
5250	5250	(Acts 62nd Leg., R.S., Ch. 200, Secs. 7 (part), 12 (part).)
5251	5251	Sec. 1100.302. TAX RATE. (a) The board may impose the tax
5252	5252	at a rate not to exceed 75 cents on each $100 valuation of all
5253	5253	taxable property in the district.
5254	5254	(b) In setting the tax rate, the board shall consider the
5255	5255	income of the district from sources other than taxation. (Acts 62nd
5256	5256	Leg., R.S., Ch. 200, Secs. 7 (part), 12 (part).)
5257	5257	Sec. 1100.303. TAX ASSESSOR-COLLECTOR. The board may
5258	5258	provide for the appointment of a tax assessor-collector for the
5259	5259	district or may contract for the assessment and collection of taxes
5260	5260	as provided by the Tax Code. (Acts 62nd Leg., R.S., Ch. 200, Sec.
5261	5261	15(c).)
5262	5262	[Sections 1100.304-1100.350 reserved for expansion]
5263	5263	SUBCHAPTER H. DISSOLUTION
5264	5264	Sec. 1100.351. DISSOLUTION; ELECTION. (a) The district
5265	5265	may be dissolved as provided by this subchapter.
5266	5266	(b) The board may order an election on the question of
5267	5267	dissolving the district and disposing of the district's assets and
5268	5268	obligations.
5269	5269	(c) The board shall order an election if the board receives
5270	5270	a petition requesting an election that is signed by at least 30
5271	5271	registered voters in the district.
5272	5272	(d) Section 41.001(a), Election Code, does not apply to an
5273	5273	election ordered under this section. (Acts 62nd Leg., R.S., Ch.
5274	5274	200, Secs. 21A(a), (b), (c) (part).)
5275	5275	Sec. 1100.352. BALLOT. The ballot for the election under
5276	5276	this subchapter must be printed to permit voting for or against the
5277	5277	proposition: "The dissolution of the South Randall County Hospital
5278	5278	District." (Acts 62nd Leg., R.S., Ch. 200, Sec. 21A(d) (part).)
5279	5279	Sec. 1100.353. ELECTION RESULTS. (a) If a majority of the
5280	5280	votes in the election under this subchapter favor dissolution, the
5281	5281	board shall find that the district is dissolved.
5282	5282	(b) If a majority of the votes in the election do not favor
5283	5283	dissolution, the board shall continue to administer the district
5284	5284	and another election on the question of dissolution may not be held
5285	5285	before the first anniversary of the date of the most recent election
5286	5286	to dissolve the district. (Acts 62nd Leg., R.S., Ch. 200, Sec.
5287	5287	21A(e).)
5288	5288	Sec. 1100.354. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
5289	5289	If a majority of the votes in the election held under this
5290	5290	subchapter favor dissolution, the board shall:
5291	5291	(1) transfer to Randall County the land, buildings,
5292	5292	improvements, equipment, and other assets that belong to the
5293	5293	district; or
5294	5294	(2) administer the property, assets, and debts in
5295	5295	accordance with this subchapter.
5296	5296	(b) If the board makes the transfer under Subsection (a)(1),
5297	5297	the county assumes all debts and obligations of the district at the
5298	5298	time of the transfer, and the district is dissolved.
5299	5299	(c) If the board does not make the transfer under Subsection
5300	5300	(a)(1), the board shall continue to control and administer the
5301	5301	property, debts, and assets of the district under Subsection (a)(2)
5302	5302	until all money has been disposed of and all district debts have
5303	5303	been paid or settled. (Acts 62nd Leg., R.S., Ch. 200, Secs. 21A(f),
5304	5304	21B(a).)
5305	5305	Sec. 1100.355. IMPOSITION OF TAX. (a) After the board
5306	5306	finds that the district is dissolved, the board shall:
5307	5307	(1) determine the debt owed by the district; and
5308	5308	(2) impose on the property included in the district's
5309	5309	tax rolls a tax that is in proportion of the debt to the property
5310	5310	value.
5311	5311	(b) The board may institute a suit to enforce payment of
5312	5312	taxes and to foreclose liens to secure the payment of the taxes.
5313	5313	(Acts 62nd Leg., R.S., Ch. 200, Secs. 21B(b), (c).)
5314	5314	Sec. 1100.356. RETURN OF SURPLUS TAXES. (a) On the payment
5315	5315	of all outstanding debts and obligations of the district, the board
5316	5316	shall order the board secretary to return to each district taxpayer
5317	5317	the taxpayer's pro rata share of all unused tax money.
5318	5318	(b) A taxpayer may request that the taxpayer's share of
5319	5319	surplus tax money be credited to the taxpayer's county taxes. If a
5320	5320	taxpayer requests the credit, the board shall direct the board
5321	5321	secretary to transmit the money to the county tax
5322	5322	assessor-collector. (Acts 62nd Leg., R.S., Ch. 200, Sec. 21B(d).)
5323	5323	Sec. 1100.357. REPORT; DISSOLUTION ORDER. (a) After the
5324	5324	district has paid all district debts and has disposed of all
5325	5325	district money and other assets as prescribed by this subchapter,
5326	5326	the board shall file a written report with the Commissioners Court
5327	5327	of Randall County summarizing the board's actions in dissolving the
5328	5328	district.
5329	5329	(b) Not later than the 10th day after the date the
5330	5330	Commissioners Court of Randall County receives the report and
5331	5331	determines that the requirements of this subchapter have been
5332	5332	fulfilled, the commissioners court shall enter an order dissolving the district. (Acts 62nd Leg., R.S., Ch. 200, Sec. 21B(e).)
5333	5333	CHAPTER 1101. SUTTON COUNTY HOSPITAL DISTRICT
5334	5334	SUBCHAPTER A. GENERAL PROVISIONS
5335	5335	Sec. 1101.001. DEFINITIONS
5336	5336	Sec. 1101.002. AUTHORITY FOR OPERATION
5337	5337	Sec. 1101.003. ESSENTIAL PUBLIC FUNCTION
5338	5338	Sec. 1101.004. DISTRICT TERRITORY
5339	5339	Sec. 1101.005. DISTRICT SUPPORT AND MAINTENANCE NOT
5340	5340	STATE OBLIGATION
5341	5341	Sec. 1101.006. RESTRICTION ON STATE FINANCIAL
5342	5342	ASSISTANCE
5343	5343	[Sections 1101.007-1101.050 reserved for expansion]
5344	5344	SUBCHAPTER B. DISTRICT ADMINISTRATION
5345	5345	Sec. 1101.051. BOARD ELECTION; TERM
5346	5346	Sec. 1101.052. NOTICE OF ELECTION
5347	5347	Sec. 1101.053. QUALIFICATIONS FOR OFFICE
5348	5348	Sec. 1101.054. BOARD VACANCY
5349	5349	Sec. 1101.055. OFFICERS
5350	5350	Sec. 1101.056. COMPENSATION; EXPENSES
5351	5351	Sec. 1101.057. VOTING REQUIREMENT
5352	5352	Sec. 1101.058. DISTRICT ADMINISTRATOR
5353	5353	Sec. 1101.059. GENERAL DUTIES OF DISTRICT
5354	5354	ADMINISTRATOR
5355	5355	Sec. 1101.060. ASSISTANT DISTRICT ADMINISTRATOR;
5356	5356	ATTORNEY
5357	5357	Sec. 1101.061. APPOINTMENT AND RECRUITMENT OF STAFF
5358	5358	AND EMPLOYEES
5359	5359	Sec. 1101.062. NURSING SCHOOL SCHOLARSHIPS
5360	5360	Sec. 1101.063. RETIREMENT BENEFITS
5361	5361	[Sections 1101.064-1101.100 reserved for expansion]
5362	5362	SUBCHAPTER C. POWERS AND DUTIES
5363	5363	Sec. 1101.101. DISTRICT RESPONSIBILITY
5364	5364	Sec. 1101.102. RESTRICTION ON COUNTY TAXATION AND DEBT
5365	5365	Sec. 1101.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
5366	5366	Sec. 1101.104. RULES
5367	5367	Sec. 1101.105. PURCHASING AND ACCOUNTING PROCEDURES
5368	5368	Sec. 1101.106. MOBILE EMERGENCY MEDICAL SERVICE
5369	5369	Sec. 1101.107. DISTRICT PROPERTY, FACILITIES, AND
5370	5370	EQUIPMENT
5371	5371	Sec. 1101.108. GIFTS AND ENDOWMENTS
5372	5372	Sec. 1101.109. CONSTRUCTION CONTRACTS
5373	5373	Sec. 1101.110. OPERATING AND MANAGEMENT CONTRACTS
5374	5374	Sec. 1101.111. CONTRACTS WITH GOVERNMENTAL ENTITIES
5375	5375	FOR SERVICES
5376	5376	Sec. 1101.112. PAYMENT FOR TREATMENT; PROCEDURES
5377	5377	Sec. 1101.113. REIMBURSEMENT FOR SERVICES
5378	5378	Sec. 1101.114. AUTHORITY TO SUE AND BE SUED
5379	5379	[Sections 1101.115-1101.150 reserved for expansion]
5380	5380	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
5381	5381	Sec. 1101.151. BUDGET
5382	5382	Sec. 1101.152. NOTICE; HEARING; ADOPTION OF BUDGET
5383	5383	Sec. 1101.153. AMENDMENTS TO BUDGET
5384	5384	Sec. 1101.154. RESTRICTION ON EXPENDITURES
5385	5385	Sec. 1101.155. FISCAL YEAR
5386	5386	Sec. 1101.156. ANNUAL AUDIT
5387	5387	Sec. 1101.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
5388	5388	RECORDS
5389	5389	Sec. 1101.158. FINANCIAL REPORT
5390	5390	Sec. 1101.159. DEPOSITORY
5391	5391	Sec. 1101.160. SPENDING AND INVESTMENT RESTRICTIONS
5392	5392	Sec. 1101.161. AUTHORITY TO BORROW MONEY; SECURITY
5393	5393	[Sections 1101.162-1101.200 reserved for expansion]
5394	5394	SUBCHAPTER E. BONDS
5395	5395	Sec. 1101.201. GENERAL OBLIGATION BONDS
5396	5396	Sec. 1101.202. TAX TO PAY GENERAL OBLIGATION BONDS
5397	5397	Sec. 1101.203. GENERAL OBLIGATION BOND ELECTION
5398	5398	Sec. 1101.204. REVENUE BONDS
5399	5399	Sec. 1101.205. REFUNDING BONDS
5400	5400	Sec. 1101.206. MATURITY OF BONDS
5401	5401	Sec. 1101.207. EXECUTION OF BONDS
5402	5402	Sec. 1101.208. ADDITIONAL MEANS OF SECURING PAYMENT
5403	5403	OF BONDS
5404	5404	Sec. 1101.209. USE OF BOND PROCEEDS
5405	5405	Sec. 1101.210. BONDS EXEMPT FROM TAXATION
5406	5406	[Sections 1101.211-1101.250 reserved for expansion]
5407	5407	SUBCHAPTER F. TAXES
5408	5408	Sec. 1101.251. IMPOSITION OF AD VALOREM TAX
5409	5409	Sec. 1101.252. TAX RATE
5410	5410	Sec. 1101.253. ELECTION TO INCREASE MAXIMUM TAX RATE
5411	5411	Sec. 1101.254. LIMIT ON ANNUAL INCREASE IN TAX RATE
5412	5412	Sec. 1101.255. TAX ASSESSOR-COLLECTOR
5413	5413	[Sections 1101.256-1101.300 reserved for expansion]
5414	5414	SUBCHAPTER G. DISSOLUTION
5415	5415	Sec. 1101.301. DISSOLUTION; ELECTION
5416	5416	Sec. 1101.302. BALLOT
5417	5417	Sec. 1101.303. ELECTION RESULTS
5418	5418	Sec. 1101.304. TRANSFER OR ADMINISTRATION OF ASSETS
5419	5419	Sec. 1101.305. BOARD MANAGEMENT OF ASSETS ON
5420	5420	DISSOLUTION; IMPOSITION OF TAX
5421	5421	Sec. 1101.306. RETURN OF SURPLUS TAXES
5422	5422	Sec. 1101.307. REPORT; DISSOLUTION ORDER
5423	5423	CHAPTER 1101. SUTTON COUNTY HOSPITAL DISTRICT
5424	5424	SUBCHAPTER A. GENERAL PROVISIONS
5425	5425	Sec. 1101.001. DEFINITIONS. In this chapter:
5426	5426	(1) "Board" means the board of directors of the
5427	5427	district.
5428	5428	(2) "Commissioners court" means the Commissioners
5429	5429	Court of Sutton County, Texas.
5430	5430	(3) "Director" means a member of the board.
5431	5431	(4) "District" means the Sutton County Hospital
5432	5432	District. (Acts 68th Leg., R.S., Ch. 1047, Sec. 1.01.)
5433	5433	Sec. 1101.002. AUTHORITY FOR OPERATION. The Sutton County
5434	5434	Hospital District operates and is financed as provided by Section
5435	5435	9, Article IX, Texas Constitution, and by this chapter. (Acts 68th
5436	5436	Leg., R.S., Ch. 1047, Sec. 1.02.)
5437	5437	Sec. 1101.003. ESSENTIAL PUBLIC FUNCTION. The district is
5438	5438	a public entity performing an essential public function. (Acts
5439	5439	68th Leg., R.S., Ch. 1047, Sec. 6.11 (part).)
5440	5440	Sec. 1101.004. DISTRICT TERRITORY. The boundaries of the
5441	5441	district are coextensive with the boundaries of Sutton County,
5442	5442	Texas. (Acts 68th Leg., R.S., Ch. 1047, Sec. 1.03.)
5443	5443	Sec. 1101.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
5444	5444	OBLIGATION. This state may not become obligated for the support or
5445	5445	maintenance of the district. (Acts 68th Leg., R.S., Ch. 1047, Sec.
5446	5446	8.01 (part).)
5447	5447	Sec. 1101.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
5448	5448	The legislature may not make a direct appropriation for the
5449	5449	construction, maintenance, or improvement of a district facility.
5450	5450	(Acts 68th Leg., R.S., Ch. 1047, Sec. 8.01 (part).)
5451	5451	[Sections 1101.007-1101.050 reserved for expansion]
5452	5452	SUBCHAPTER B. DISTRICT ADMINISTRATION
5453	5453	Sec. 1101.051. BOARD ELECTION; TERM. (a) The district is
5454	5454	governed by a board of seven directors elected as follows:
5455	5455	(1) one director elected from each commissioners
5456	5456	precinct; and
5457	5457	(2) three directors elected from the district at
5458	5458	large.
5459	5459	(b) Directors serve staggered four-year terms.
5460	5460	(c) An election shall be held in each even-numbered year on
5461	5461	the May uniform election date under Section 41.001, Election Code,
5462	5462	to elect the appropriate number of directors. (Acts 68th Leg.,
5463	5463	R.S., Ch. 1047, Secs. 3.01(a), 3.03(a), (d); Acts 72nd Leg., R.S.,
5464	5464	Ch. 521, Sec. 4.)
5465	5465	Sec. 1101.052. NOTICE OF ELECTION. Notice of a directors'
5466	5466	election must be published one time in a newspaper with general
5467	5467	circulation in the district in accordance with Section 4.003,
5468	5468	Election Code. (Acts 68th Leg., R.S., Ch. 1047, Sec. 3.04.)
5469	5469	Sec. 1101.053. QUALIFICATIONS FOR OFFICE. (a) To be
5470	5470	eligible to be a candidate for or to serve as a director, a person
5471	5471	must be:
5472	5472	(1) a resident of the district; and
5473	5473	(2) a qualified voter.
5474	5474	(b) In addition to the qualifications required by
5475	5475	Subsection (a), a person who is elected from a commissioners
5476	5476	precinct or who is appointed to fill a vacancy for a commissioners
5477	5477	precinct must be a resident of that commissioners precinct.
5478	5478	(c) A district employee may not serve as a director. (Acts
5479	5479	68th Leg., R.S., Ch. 1047, Sec. 3.06.)
5480	5480	Sec. 1101.054. BOARD VACANCY. If a vacancy occurs in the
5481	5481	office of director, the remaining directors shall appoint a
5482	5482	director for the unexpired term. (Acts 68th Leg., R.S., Ch. 1047,
5483	5483	Sec. 3.07.)
5484	5484	Sec. 1101.055. OFFICERS. (a) The board shall elect from
5485	5485	among its members a president and a vice president.
5486	5486	(b) The board shall appoint a secretary, who need not be a
5487	5487	director.
5488	5488	(c) Each officer of the board serves a one-year term.
5489	5489	(d) The board shall fill a vacancy in a board office for the
5490	5490	unexpired term. (Acts 68th Leg., R.S., Ch. 1047, Secs. 3.08, 3.09.)
5491	5491	Sec. 1101.056. COMPENSATION; EXPENSES. A director or
5492	5492	officer serves without compensation but may be reimbursed for
5493	5493	actual expenses incurred in the performance of official duties.
5494	5494	The expenses must be:
5495	5495	(1) reported in the district's records; and
5496	5496	(2) approved by the board. (Acts 68th Leg., R.S., Ch.
5497	5497	1047, Sec. 3.10.)
5498	5498	Sec. 1101.057. VOTING REQUIREMENT. A concurrence of a
5499	5499	majority of the directors voting is necessary in any matter
5500	5500	relating to district business. (Acts 68th Leg., R.S., Ch. 1047,
5501	5501	Sec. 3.11.)
5502	5502	Sec. 1101.058. DISTRICT ADMINISTRATOR. (a) The board may
5503	5503	appoint a qualified person as district administrator.
5504	5504	(b) The district administrator serves at the will of the
5505	5505	board and is entitled to compensation as determined by the board.
5506	5506	(c) Before assuming the duties of district administrator,
5507	5507	the administrator must execute a bond in an amount determined by the
5508	5508	board of not less than $5,000 that is:
5509	5509	(1) payable to the district; and
5510	5510	(2) conditioned on the faithful performance of the
5511	5511	administrator's duties under this chapter.
5512	5512	(d) The board may pay for the bond with district money.
5513	5513	(Acts 68th Leg., R.S., Ch. 1047, Secs. 3.12(a) (part), (b) (part),
5514	5514	(c) (part), (d).)
5515	5515	Sec. 1101.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
5516	5516	Subject to the limitations prescribed by the board, the district
5517	5517	administrator shall:
5518	5518	(1) supervise the work and activities of the district;
5519	5519	and
5520	5520	(2) direct the general affairs of the district. (Acts
5521	5521	68th Leg., R.S., Ch. 1047, Sec. 3.15.)
5522	5522	Sec. 1101.060. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
5523	5523	(a) The board may appoint qualified persons as:
5524	5524	(1) the assistant district administrator; and
5525	5525	(2) the attorney for the district.
5526	5526	(b) The assistant district administrator and the attorney
5527	5527	for the district serve at the will of the board and are entitled to
5528	5528	compensation as determined by the board. (Acts 68th Leg., R.S., Ch.
5529	5529	1047, Secs. 3.12(a) (part), (b) (part), (c) (part).)
5530	5530	Sec. 1101.061. APPOINTMENT AND RECRUITMENT OF STAFF AND
5531	5531	EMPLOYEES. (a) The board may appoint to the staff any doctors the
5532	5532	board considers necessary for the efficient operation of the
5533	5533	district and may make temporary appointments as considered
5534	5534	necessary.
5535	5535	(b) The district may employ technicians, nurses, fiscal
5536	5536	agents, accountants, architects, additional attorneys, and other
5537	5537	necessary employees.
5538	5538	(c) The board may delegate to the district administrator the
5539	5539	authority to employ persons for the district.
5540	5540	(d) The board may spend district money to recruit to the
5541	5541	hospital staff any physicians necessary to satisfy the medical
5542	5542	needs of district residents. (Acts 68th Leg., R.S., Ch. 1047, Secs.
5543	5543	3.13, 3.14, 4.05(c) (part).)
5544	5544	Sec. 1101.062. NURSING SCHOOL SCHOLARSHIPS. The board may
5545	5545	spend district money to provide scholarships to district residents
5546	5546	to attend nursing school. (Acts 68th Leg., R.S., Ch. 1047, Sec.
5547	5547	4.05(c) (part).)
5548	5548	Sec. 1101.063. RETIREMENT BENEFITS. The board may provide
5549	5549	retirement benefits for district employees by:
5550	5550	(1) establishing or administering a retirement
5551	5551	program; or
5552	5552	(2) participating in:
5553	5553	(A) the Texas County and District Retirement
5554	5554	System; or
5555	5555	(B) another statewide retirement system in which
5556	5556	the district is eligible to participate. (Acts 68th Leg., R.S., Ch.
5557	5557	1047, Sec. 3.16.)
5558	5558	[Sections 1101.064-1101.100 reserved for expansion]
5559	5559	SUBCHAPTER C. POWERS AND DUTIES
5560	5560	Sec. 1101.101. DISTRICT RESPONSIBILITY. The district has
5561	5561	full responsibility for operating hospital facilities and for
5562	5562	providing medical and hospital care for the district's needy
5563	5563	inhabitants. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.02 (part).)
5564	5564	Sec. 1101.102. RESTRICTION ON COUNTY TAXATION AND DEBT.
5565	5565	Sutton County may not impose a tax or issue bonds or other
5566	5566	obligations for hospital purposes or to provide medical care for
5567	5567	district residents. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.01.)
5568	5568	Sec. 1101.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
5569	5569	The board shall manage, control, and administer the hospital system
5570	5570	and the district's money and resources. (Acts 68th Leg., R.S., Ch.
5571	5571	1047, Sec. 4.03.)
5572	5572	Sec. 1101.104. RULES. The board may adopt rules governing:
5573	5573	(1) the operation of the hospital and hospital system;
5574	5574	and
5575	5575	(2) the duties, functions, and responsibilities of
5576	5576	district staff and employees. (Acts 68th Leg., R.S., Ch. 1047, Sec.
5577	5577	4.04.)
5578	5578	Sec. 1101.105. PURCHASING AND ACCOUNTING PROCEDURES. The
5579	5579	board may prescribe:
5580	5580	(1) the method of making purchases and expenditures by
5581	5581	and for the district; and
5582	5582	(2) accounting and control procedures for the
5583	5583	district. (Acts 68th Leg., R.S., Ch. 1047, Secs. 4.05(a), (b).)
5584	5584	Sec. 1101.106. MOBILE EMERGENCY MEDICAL SERVICE. The
5585	5585	district may operate or provide for the operation of a mobile
5586	5586	emergency medical service. (Acts 68th Leg., R.S., Ch. 1047, Sec.
5587	5587	4.02 (part).)
5588	5588	Sec. 1101.107. DISTRICT PROPERTY, FACILITIES, AND
5589	5589	EQUIPMENT. (a) The board shall determine:
5590	5590	(1) the type, number, and location of buildings
5591	5591	required to maintain an adequate hospital system; and
5592	5592	(2) the type of equipment necessary for hospital care.
5593	5593	(b) The hospital system may include:
5594	5594	(1) facilities and equipment to provide for
5595	5595	domiciliary care and treatment of geriatric patients; and
5596	5596	(2) convalescent home facilities.
5597	5597	(c) The board may:
5598	5598	(1) acquire property, including facilities and
5599	5599	equipment, for the district for use in the hospital system; and
5600	5600	(2) mortgage or pledge the property as security for
5601	5601	payment of the purchase price.
5602	5602	(d) The board may lease hospital facilities for the
5603	5603	district.
5604	5604	(e) The board may sell or otherwise dispose of property,
5605	5605	including facilities or equipment, for the district. (Acts 68th
5606	5606	Leg., R.S., Ch. 1047, Sec. 4.06.)
5607	5607	Sec. 1101.108. GIFTS AND ENDOWMENTS. The board may accept
5608	5608	for the district a gift or endowment to be held in trust for any
5609	5609	purpose and under any direction, limitation, or other provision
5610	5610	prescribed in writing by the donor that is consistent with the
5611	5611	proper management of the district. (Acts 68th Leg., R.S., Ch. 1047,
5612	5612	Sec. 4.12.)
5613	5613	Sec. 1101.109. CONSTRUCTION CONTRACTS. (a) The board may
5614	5614	enter into construction contracts for the district.
5615	5615	(b) The board may enter into a construction contract that
5616	5616	involves the expenditure of more than the amount provided by
5617	5617	Section 271.024, Local Government Code, only after competitive
5618	5618	bidding as provided by Subchapter B, Chapter 271, Local Government
5619	5619	Code. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.07(a).)
5620	5620	Sec. 1101.110. OPERATING AND MANAGEMENT CONTRACTS. The
5621	5621	board may enter into an operating or management contract relating
5622	5622	to a hospital facility for the district. (Acts 68th Leg., R.S., Ch.
5623	5623	1047, Sec. 4.08.)
5624	5624	Sec. 1101.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
5625	5625	SERVICES. The board may contract with a political subdivision of
5626	5626	this state or with a state or federal agency for the district to:
5627	5627	(1) furnish a mobile emergency medical service; or
5628	5628	(2) provide for the investigatory or welfare needs of
5629	5629	district inhabitants. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.11.)
5630	5630	Sec. 1101.112. PAYMENT FOR TREATMENT; PROCEDURES. (a)
5631	5631	When an individual who resides in the district is admitted as a
5632	5632	patient to a district facility, the district administrator may have
5633	5633	an inquiry made into the financial circumstances of:
5634	5634	(1) the patient; and
5635	5635	(2) a relative of the patient legally responsible for
5636	5636	the patient's support.
5637	5637	(b) To the extent that the patient or a relative of the
5638	5638	patient legally responsible for the patient's support cannot pay
5639	5639	for care and treatment provided by the district, the district shall
5640	5640	supply the care and treatment without charging the patient or the
5641	5641	relative.
5642	5642	(c) On determining that the patient or a relative legally
5643	5643	responsible for the patient's support can pay for all or part of the
5644	5644	care and treatment provided by the district, the district
5645	5645	administrator shall report that determination to the board, and the
5646	5646	board shall issue an order directing the patient or the relative to
5647	5647	pay the district a specified amount each week. The amount must be
5648	5648	based on the individual's ability to pay.
5649	5649	(d) The district administrator may collect money owed to the
5650	5650	district from the patient's estate or from that of a relative
5651	5651	legally responsible for the patient's support in the manner
5652	5652	provided by law for the collection of expenses in the last illness
5653	5653	of a deceased person.
5654	5654	(e) If there is a dispute relating to an individual's
5655	5655	ability to pay or if the district administrator has any doubt
5656	5656	concerning an individual's ability to pay, the board shall:
5657	5657	(1) call witnesses;
5658	5658	(2) hear and resolve the question; and
5659	5659	(3) issue a final order.
5660	5660	(f) The final order of the board may be appealed to a
5661	5661	district court in Sutton County. The substantial evidence rule
5662	5662	applies to the appeal. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.09.)
5663	5663	Sec. 1101.113. REIMBURSEMENT FOR SERVICES. (a) The board
5664	5664	shall require a county or municipality located outside the district
5665	5665	to reimburse the district for the district's care and treatment of a
5666	5666	sick or injured person of that county or municipality.
5667	5667	(b) The board shall require the sheriff of Sutton County to
5668	5668	reimburse the district for the district's care and treatment of a
5669	5669	person confined in a jail facility of Sutton County who is not a
5670	5670	district resident.
5671	5671	(c) On behalf of the district, the board may contract with
5672	5672	the state or federal government for that government to reimburse
5673	5673	the district for treatment of a sick or injured person. (Acts 68th
5674	5674	Leg., R.S., Ch. 1047, Sec. 4.10.)
5675	5675	Sec. 1101.114. AUTHORITY TO SUE AND BE SUED. The board may
5676	5676	sue and be sued on behalf of the district. (Acts 68th Leg., R.S.,
5677	5677	Ch. 1047, Sec. 4.13.)
5678	5678	[Sections 1101.115-1101.150 reserved for expansion]
5679	5679	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
5680	5680	Sec. 1101.151. BUDGET. (a) The district administrator
5681	5681	shall prepare a proposed annual budget for the district.
5682	5682	(b) The proposed budget must contain a complete financial
5683	5683	statement, including a statement of:
5684	5684	(1) the outstanding obligations of the district;
5685	5685	(2) the amount of cash on hand to the credit of each
5686	5686	district fund;
5687	5687	(3) the amount of money received by the district from
5688	5688	all sources during the previous year;
5689	5689	(4) the amount of money available to the district from
5690	5690	all sources during the ensuing year;
5691	5691	(5) the amount of the balances expected at the end of
5692	5692	the year in which the budget is being prepared;
5693	5693	(6) the estimated amount of revenue and balances
5694	5694	available to cover the proposed budget; and
5695	5695	(7) the estimated tax rate required. (Acts 68th Leg.,
5696	5696	R.S., Ch. 1047, Sec. 5.04.)
5697	5697	Sec. 1101.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
5698	5698	The board shall hold a public hearing on the proposed annual budget.
5699	5699	(b) The board shall publish notice of the hearing in a
5700	5700	newspaper with general circulation in the district not later than
5701	5701	the 10th day before the date of the hearing.
5702	5702	(c) Any district resident is entitled to be present and
5703	5703	participate at the hearing.
5704	5704	(d) At the conclusion of the hearing, the board shall adopt
5705	5705	a budget by acting on the budget proposed by the district
5706	5706	administrator. The board may make any changes in the proposed
5707	5707	budget that the board judges to be in the interests of the
5708	5708	taxpayers.
5709	5709	(e) The budget is effective only after adoption by the
5710	5710	board. (Acts 68th Leg., R.S., Ch. 1047, Sec. 5.05.)
5711	5711	Sec. 1101.153. AMENDMENTS TO BUDGET. After the annual
5712	5712	budget is adopted, the budget may be amended on the board's
5713	5713	approval. (Acts 68th Leg., R.S., Ch. 1047, Sec. 5.06.)
5714	5714	Sec. 1101.154. RESTRICTION ON EXPENDITURES. Money may be
5715	5715	spent only for an expense included in the annual budget or an
5716	5716	amendment to the budget. (Acts 68th Leg., R.S., Ch. 1047, Sec.
5717	5717	5.07.)
5718	5718	Sec. 1101.155. FISCAL YEAR. The district operates
5719	5719	according to a fiscal year established by the board. (Acts 68th
5720	5720	Leg., R.S., Ch. 1047, Sec. 5.01.)
5721	5721	Sec. 1101.156. ANNUAL AUDIT. The board annually shall have
5722	5722	an audit made of the district's financial condition. (Acts 68th
5723	5723	Leg., R.S., Ch. 1047, Sec. 5.02.)
5724	5724	Sec. 1101.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
5725	5725	RECORDS. The annual audit and other district records shall be open
5726	5726	to inspection during regular business hours at the district's
5727	5727	principal office. (Acts 68th Leg., R.S., Ch. 1047, Sec. 5.03.)
5728	5728	Sec. 1101.158. FINANCIAL REPORT. As soon as practicable
5729	5729	after the close of the fiscal year, the district administrator
5730	5730	shall prepare for the board:
5731	5731	(1) a sworn statement of the amount of district money;
5732	5732	and
5733	5733	(2) an account of the disbursements of that money.
5734	5734	(Acts 68th Leg., R.S., Ch. 1047, Sec. 5.08.)
5735	5735	Sec. 1101.159. DEPOSITORY. (a) The board shall select at
5736	5736	least one bank to serve as a depository for district money.
5737	5737	(b) District money, other than money invested as provided by
5738	5738	Section 1101.160(b) and money transmitted to a bank for payment of
5739	5739	bonds or obligations issued or assumed by the district, shall be
5740	5740	deposited as received with the depository bank and shall remain on
5741	5741	deposit. This subsection does not limit the power of the board to:
5742	5742	(1) place a portion of district money on time deposit;
5743	5743	or
5744	5744	(2) purchase certificates of deposit. (Acts 68th Leg.,
5745	5745	R.S., Ch. 1047, Secs. 5.10(a), (b).)
5746	5746	Sec. 1101.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
5747	5747	Except as provided by Sections 1101.109, 1101.201, 1101.204, and
5748	5748	1101.205, the district may not incur a debt payable from district
5749	5749	revenue other than the revenue on hand or to be on hand in the
5750	5750	current and immediately following district fiscal years.
5751	5751	(b) The board may invest operating, depreciation, or
5752	5752	building reserves only in funds or securities specified by Chapter
5753	5753	2256, Government Code. (Acts 68th Leg., R.S., Ch. 1047, Sec. 5.09.)
5754	5754	Sec. 1101.161. AUTHORITY TO BORROW MONEY; SECURITY. (a)
5755	5755	The board may borrow money at a rate not to exceed the maximum
5756	5756	annual percentage rate allowed by law for district obligations at
5757	5757	the time the loan is made.
5758	5758	(b) To secure a loan, the board may pledge:
5759	5759	(1) district revenue that is not pledged to pay the
5760	5760	district's bonded indebtedness;
5761	5761	(2) a district tax to be imposed by the district in the
5762	5762	12-month period following the date of the pledge that is not pledged
5763	5763	to pay the principal of or interest on district bonds; or
5764	5764	(3) a district bond that has been authorized but not
5765	5765	sold.
5766	5766	(c) A loan for which taxes or bonds are pledged must mature
5767	5767	not later than the first anniversary of the date the loan is made. A
5768	5768	loan for which district revenue is pledged must mature not later
5769	5769	than the fifth anniversary of the date the loan is made. (Acts 68th
5770	5770	Leg., R.S., Ch. 1047, Sec. 5.11.)
5771	5771	[Sections 1101.162-1101.200 reserved for expansion]
5772	5772	SUBCHAPTER E. BONDS
5773	5773	Sec. 1101.201. GENERAL OBLIGATION BONDS. If authorized by
5774	5774	an election, the board may issue and sell general obligation bonds
5775	5775	in the name and on the faith and credit of the district to:
5776	5776	(1) purchase, construct, acquire, repair, or renovate
5777	5777	buildings or improvements;
5778	5778	(2) equip buildings or improvements for hospital
5779	5779	purposes; or
5780	5780	(3) acquire and operate a mobile emergency medical
5781	5781	service. (Acts 68th Leg., R.S., Ch. 1047, Sec. 6.01.)
5782	5782	Sec. 1101.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
5783	5783	the time general obligation bonds are issued by the district, the
5784	5784	board shall impose an ad valorem tax at a rate sufficient to create
5785	5785	an interest and sinking fund to pay the principal of and interest on
5786	5786	the bonds as the bonds mature.
5787	5787	(b) The tax required by this section together with any other
5788	5788	ad valorem tax the district imposes may not in any year exceed the
5789	5789	limit approved by the voters at the election authorizing the
5790	5790	imposition of the tax. (Acts 68th Leg., R.S., Ch. 1047, Sec. 6.02.)
5791	5791	Sec. 1101.203. GENERAL OBLIGATION BOND ELECTION. (a) The
5792	5792	district may issue general obligation bonds only if the bonds are
5793	5793	authorized by a majority of the district voters.
5794	5794	(b) The board may order a bond election.
5795	5795	(c) The order calling the election must specify:
5796	5796	(1) the nature and date of the election;
5797	5797	(2) the hours during which the polls will be open;
5798	5798	(3) the location of the polling places;
5799	5799	(4) the amount of the bonds to be authorized; and
5800	5800	(5) the maximum maturity of the bonds.
5801	5801	(d) Notice of a bond election shall be given as provided by
5802	5802	Section 1251.003, Government Code.
5803	5803	(e) The board shall declare the results of the election.
5804	5804	(Acts 68th Leg., R.S., Ch. 1047, Sec. 6.03.)
5805	5805	Sec. 1101.204. REVENUE BONDS. (a) The board may issue
5806	5806	revenue bonds to:
5807	5807	(1) purchase, construct, acquire, repair, equip, or
5808	5808	renovate buildings or improvements for hospital purposes;
5809	5809	(2) acquire sites to be used for hospital purposes; or
5810	5810	(3) acquire and operate a mobile emergency medical
5811	5811	service to assist the district in carrying out its hospital
5812	5812	purposes.
5813	5813	(b) The bonds must be payable from and secured by a pledge of
5814	5814	all or part of the revenue derived from the operation of the
5815	5815	district's hospital system.
5816	5816	(c) The bonds may be additionally secured by a mortgage or
5817	5817	deed of trust lien on all or part of district property.
5818	5818	(d) The bonds must be issued in the manner provided by
5819	5819	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
5820	5820	Health and Safety Code, for issuance of revenue bonds by a county
5821	5821	hospital authority. (Acts 68th Leg., R.S., Ch. 1047, Sec. 6.04.)
5822	5822	Sec. 1101.205. REFUNDING BONDS. (a) District refunding
5823	5823	bonds may be issued to refund outstanding indebtedness issued or
5824	5824	assumed by the district.
5825	5825	(b) A refunding bond may be:
5826	5826	(1) sold, with the proceeds of the refunding bond
5827	5827	applied to the payment of outstanding indebtedness; or
5828	5828	(2) exchanged wholly or partly for not less than a
5829	5829	similar principal amount of outstanding indebtedness. (Acts 68th
5830	5830	Leg., R.S., Ch. 1047, Secs. 6.05(a), (c) (part).)
5831	5831	Sec. 1101.206. MATURITY OF BONDS. District bonds must
5832	5832	mature not later than 50 years after the date of issuance. (Acts
5833	5833	68th Leg., R.S., Ch. 1047, Sec. 6.06 (part).)
5834	5834	Sec. 1101.207. EXECUTION OF BONDS. The board president
5835	5835	shall execute the district's bonds in the district's name, and the
5836	5836	board secretary shall countersign the bonds in the manner provided
5837	5837	by Chapter 618, Government Code. (Acts 68th Leg., R.S., Ch. 1047,
5838	5838	Sec. 6.07.)
5839	5839	Sec. 1101.208. ADDITIONAL MEANS OF SECURING PAYMENT OF
5840	5840	BONDS. In addition to the authority to issue general obligation
5841	5841	bonds and revenue bonds under this subchapter, the board may
5842	5842	provide for the security and payment of district bonds from a pledge
5843	5843	of a combination of ad valorem taxes as authorized by Section
5844	5844	1101.202 and revenue and other sources authorized by Section
5845	5845	1101.204. (Acts 68th Leg., R.S., Ch. 1047, Sec. 6.12.)
5846	5846	Sec. 1101.209. USE OF BOND PROCEEDS. The district may use
5847	5847	the proceeds of bonds issued under this subchapter to pay:
5848	5848	(1) any expense the board determines is reasonable and
5849	5849	necessary to issue, sell, and deliver the bonds;
5850	5850	(2) interest payments on the bonds during a period of
5851	5851	acquisition or construction of a project or facility to be provided
5852	5852	through the bonds, not to exceed five years;
5853	5853	(3) costs related to the operation and maintenance of
5854	5854	a project or facility to be provided through the bonds:
5855	5855	(A) during an estimated period of acquisition or
5856	5856	construction, not to exceed five years; and
5857	5857	(B) for one year after the project or facility is
5858	5858	acquired or constructed;
5859	5859	(4) costs related to the financing of the bond funds,
5860	5860	including debt service reserve and contingency funds;
5861	5861	(5) costs related to the bond issuance;
5862	5862	(6) costs related to the acquisition of land or
5863	5863	interests in land for a project or facility to be provided through
5864	5864	the bonds; and
5865	5865	(7) costs of construction of a project or facility to
5866	5866	be provided through the bonds, including the payment of related
5867	5867	professional services and expenses. (Acts 68th Leg., R.S., Ch.
5868	5868	1047, Sec. 6.13.)
5869	5869	Sec. 1101.210. BONDS EXEMPT FROM TAXATION. The following
5870	5870	are exempt from taxation by this state or a political subdivision of
5871	5871	this state:
5872	5872	(1) bonds issued by the district;
5873	5873	(2) any transaction relating to the bonds; and
5874	5874	(3) profits made in the sale of the bonds. (Acts 68th
5875	5875	Leg., R.S., Ch. 1047, Sec. 6.11 (part).)
5876	5876	[Sections 1101.211-1101.250 reserved for expansion]
5877	5877	SUBCHAPTER F. TAXES
5878	5878	Sec. 1101.251. IMPOSITION OF AD VALOREM TAX. (a) The board
5879	5879	may impose a tax on all property in the district subject to district
5880	5880	taxation.
5881	5881	(b) The tax may be used to pay:
5882	5882	(1) indebtedness issued or assumed by the district;
5883	5883	and
5884	5884	(2) district maintenance and operating expenses.
5885	5885	(c) The district may not impose a tax to pay the principal of
5886	5886	or interest on revenue bonds issued under this chapter. (Acts 68th
5887	5887	Leg., R.S., Ch. 1047, Secs. 7.01(a) (part), (c), (d), 7.02(b).)
5888	5888	Sec. 1101.252. TAX RATE. (a) The board may impose the tax
5889	5889	at a rate not to exceed the limit approved by the voters at the
5890	5890	election authorizing the imposition of the tax.
5891	5891	(b) The tax rate for all purposes may not exceed 75 cents on
5892	5892	each $100 valuation of all taxable property in the district.
5893	5893	(c) In setting the tax rate, the board shall consider the
5894	5894	income of the district from sources other than taxation. (Acts 68th
5895	5895	Leg., R.S., Ch. 1047, Secs. 7.01(a) (part), (b), 7.03 (part).)
5896	5896	Sec. 1101.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a)
5897	5897	The board may order an election to increase the district's maximum
5898	5898	tax rate to 75 cents on each $100 valuation of taxable property in
5899	5899	the district. The board shall order the election if the board
5900	5900	receives a petition requesting an election that is signed by at
5901	5901	least 15 percent of the registered voters in the district.
5902	5902	(b) The ballot for the election shall be printed to permit
5903	5903	voting for or against the proposition: "The imposition of annual
5904	5904	taxes by the district for hospital purposes at a rate not to exceed
5905	5905	75 cents on the $100 valuation of all taxable property in the
5906	5906	district."
5907	5907	(c) If a majority of the votes favor the proposition, the
5908	5908	board may impose taxes as authorized by the proposition, subject to
5909	5909	Section 1101.254. If a majority of the votes do not favor the
5910	5910	proposition, another election on the question of increasing the
5911	5911	district's maximum tax rate may not be held before the first
5912	5912	anniversary of the date of the most recent election at which voters
5913	5913	disapproved the proposition.
5914	5914	(d) Section 41.001(a), Election Code, does not apply to an
5915	5915	election ordered under this section. (Acts 68th Leg., R.S., Ch.
5916	5916	1047, Secs. 7.05(a), (b) (part), (c) (part), (d) (part).)
5917	5917	Sec. 1101.254. LIMIT ON ANNUAL INCREASE IN TAX RATE. (a)
5918	5918	Notwithstanding Section 1101.253, the board may not in any year
5919	5919	increase the tax rate by five cents or more on each $100 valuation
5920	5920	above the tax rate imposed in the preceding year unless the increase
5921	5921	is approved at an election held under this section.
5922	5922	(b) The board may order an election to increase the
5923	5923	district's tax rate by five cents or more on each $100 of valuation
5924	5924	above the rate imposed in the preceding year. The board shall order
5925	5925	the election if the board receives a petition requesting an
5926	5926	election that is signed by at least 15 percent of the registered
5927	5927	voters in the district.
5928	5928	(c) The ballot for the election shall be printed to permit
5929	5929	voting for or against the proposition: "The imposition of the
5930	5930	(insert year) annual tax by the district for hospital purposes at a
5931	5931	rate not to exceed (insert rate) cents on the $100 valuation of all
5932	5932	taxable property in the district."
5933	5933	(d) If a majority of the votes favor the proposition, the
5934	5934	board may impose taxes as authorized by the proposition. If a
5935	5935	majority of the votes do not favor the proposition, the board may
5936	5936	not increase the tax rate for that year by five cents or more on each
5937	5937	$100 valuation above the tax rate imposed in the preceding year.
5938	5938	(e) This section does not authorize the board to impose
5939	5939	taxes in an amount that exceeds the maximum amount approved by the
5940	5940	voters under Section 1101.253.
5941	5941	(f) This section does not affect any rights district voters
5942	5942	may have to petition for an election under Section 26.07, Tax Code,
5943	5943	except that if district voters approve a tax rate increase under
5944	5944	this section, the voters may not petition for an election under
5945	5945	Section 26.07, Tax Code, as to the tax rate for that year.
5946	5946	(g) Section 41.001(a), Election Code, does not apply to an
5947	5947	election ordered under this section. (Acts 68th Leg., R.S., Ch.
5948	5948	1047, Secs. 7.06(a), (b), (c) (part), (d) (part), (e) (part), (f),
5949	5949	(g).)
5950	5950	Sec. 1101.255. TAX ASSESSOR-COLLECTOR. The board may
5951	5951	provide for the appointment of a tax assessor-collector for the
5952	5952	district or may contract for the assessment and collection of taxes
5953	5953	as provided by the Tax Code. (Acts 68th Leg., R.S., Ch. 1047, Sec.
5954	5954	7.04(b).)
5955	5955	[Sections 1101.256-1101.300 reserved for expansion]
5956	5956	SUBCHAPTER G. DISSOLUTION
5957	5957	Sec. 1101.301. DISSOLUTION; ELECTION. (a) The district
5958	5958	may be dissolved as provided by this subchapter.
5959	5959	(b) The board may order an election on the question of
5960	5960	dissolving the district and disposing of the district's assets and
5961	5961	obligations.
5962	5962	(c) The board shall order an election if the board receives
5963	5963	a petition requesting an election that is signed by at least 15
5964	5964	percent of registered voters in the district.
5965	5965	(d) Section 41.001(a), Election Code, does not apply to an
5966	5966	election ordered under this section. (Acts 68th Leg., R.S., Ch.
5967	5967	1047, Secs. 7.21(a), (b), (c) (part).)
5968	5968	Sec. 1101.302. BALLOT. The ballot for an election under
5969	5969	this subchapter must be printed to permit voting for or against the
5970	5970	proposition: "The dissolution of the Sutton County Hospital
5971	5971	District." (Acts 68th Leg., R.S., Ch. 1047, Sec. 7.21(d) (part).)
5972	5972	Sec. 1101.303. ELECTION RESULTS. (a) If a majority of the
5973	5973	votes in an election under this subchapter favor dissolution, the
5974	5974	board shall find that the district is dissolved.
5975	5975	(b) If a majority of the votes in the election do not favor
5976	5976	dissolution, the board shall continue to administer the district
5977	5977	and another election on the question of dissolution may not be held
5978	5978	before the first anniversary of the date of the most recent election
5979	5979	to dissolve the district. (Acts 68th Leg., R.S., Ch. 1047, Sec.
5980	5980	7.21(e).)
5981	5981	Sec. 1101.304. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
5982	5982	If a majority of the votes in an election under this subchapter
5983	5983	favor dissolution, the board shall:
5984	5984	(1) transfer to Sutton County the land, buildings,
5985	5985	improvements, equipment, and other assets that belong to the
5986	5986	district; or
5987	5987	(2) administer the property, assets, and debts in
5988	5988	accordance with Sections 1101.305, 1101.306, and 1101.307.
5989	5989	(b) If the board makes the transfer under Subsection (a)(1),
5990	5990	Sutton County assumes all debts and obligations of the district at
5991	5991	the time of the transfer, and the district is dissolved. (Acts 68th
5992	5992	Leg., R.S., Ch. 1047, Sec. 7.21(f).)
5993	5993	Sec. 1101.305. BOARD MANAGEMENT OF ASSETS ON DISSOLUTION;
5994	5994	IMPOSITION OF TAX. (a) If the district does not transfer the land,
5995	5995	buildings, improvements, equipment, and other assets to Sutton
5996	5996	County under Section 1101.304, the board shall continue to control
5997	5997	and administer the property, assets, and debts of the district
5998	5998	until all money has been disposed of and all district debts have
5999	5999	been paid or settled.
6000	6000	(b) After the board finds that the district is dissolved,
6001	6001	the board shall:
6002	6002	(1) determine the debt owed by the district; and
6003	6003	(2) impose on the property included in the district's
6004	6004	tax rolls a tax that is in proportion of the debt to the property
6005	6005	value.
6006	6006	(c) The board may institute a suit to enforce payment of
6007	6007	taxes and to foreclose liens to secure the payment of taxes due the
6008	6008	district. (Acts 68th Leg., R.S., Ch. 1047, Secs. 7.22(a), (b),
6009	6009	(c).)
6010	6010	Sec. 1101.306. RETURN OF SURPLUS TAXES. (a) On the payment
6011	6011	of all outstanding debts and obligations of the district in
6012	6012	accordance with Section 1101.305, the board shall order the board
6013	6013	secretary to return to each district taxpayer the pro rata share of
6014	6014	all unused tax money.
6015	6015	(b) A taxpayer may request that the taxpayer's share of
6016	6016	surplus tax money be credited to the taxpayer's county taxes. If a
6017	6017	taxpayer requests the credit, the board shall direct the board
6018	6018	secretary to transmit the money to the county tax
6019	6019	assessor-collector. (Acts 68th Leg., R.S., Ch. 1047, Sec.
6020	6020	7.22(d).)
6021	6021	Sec. 1101.307. REPORT; DISSOLUTION ORDER. (a) After the
6022	6022	district has paid all district debts and has disposed of all
6023	6023	district money and other assets as prescribed by this subchapter,
6024	6024	the board shall file a written report with the commissioners court
6025	6025	summarizing the board's actions in dissolving the district.
6026	6026	(b) Not later than the 10th day after the date the
6027	6027	commissioners court receives the report and determines that the
6028	6028	requirements of this subchapter have been fulfilled, the
6029	6029	commissioners court shall enter an order dissolving the district. (Acts 68th Leg., R.S., Ch. 1047, Sec. 7.22(e).)
6030	6030	CHAPTER 1102. SWEENY HOSPITAL DISTRICT
6031	6031	SUBCHAPTER A. GENERAL PROVISIONS
6032	6032	Sec. 1102.001. DEFINITIONS
6033	6033	Sec. 1102.002. AUTHORITY FOR OPERATION
6034	6034	Sec. 1102.003. POLITICAL SUBDIVISION
6035	6035	Sec. 1102.004. DISTRICT TERRITORY
6036	6036	Sec. 1102.005. CORRECTION OF INVALID PROCEDURES
6037	6037	[Sections 1102.006-1102.050 reserved for expansion]
6038	6038	SUBCHAPTER B. DISTRICT ADMINISTRATION
6039	6039	Sec. 1102.051. BOARD ELECTION; TERM
6040	6040	Sec. 1102.052. NOTICE OF ELECTION
6041	6041	Sec. 1102.053. QUALIFICATIONS FOR OFFICE
6042	6042	Sec. 1102.054. BOND; RECORD OF BOND AND OATH
6043	6043	Sec. 1102.055. BOARD VACANCY
6044	6044	Sec. 1102.056. OFFICERS
6045	6045	Sec. 1102.057. COMPENSATION; EXPENSES
6046	6046	Sec. 1102.058. VOTING REQUIREMENT
6047	6047	Sec. 1102.059. APPOINTMENT AND RECRUITMENT OF STAFF
6048	6048	AND EMPLOYEES
6049	6049	Sec. 1102.060. MAINTENANCE OF RECORDS; PUBLIC
6050	6050	INSPECTION
6051	6051	Sec. 1102.061. SEAL
6052	6052	[Sections 1102.062-1102.100 reserved for expansion]
6053	6053	SUBCHAPTER C. POWERS AND DUTIES
6054	6054	Sec. 1102.101. DISTRICT RESPONSIBILITY
6055	6055	Sec. 1102.102. RESTRICTION ON COUNTY OR MUNICIPAL
6056	6056	TAXATION
6057	6057	Sec. 1102.103. MANAGEMENT AND CONTROL OF DISTRICT
6058	6058	Sec. 1102.104. HOSPITAL SYSTEM
6059	6059	Sec. 1102.105. NURSING HOME FACILITIES
6060	6060	Sec. 1102.106. RULES
6061	6061	Sec. 1102.107. PURCHASING AND ACCOUNTING PROCEDURES
6062	6062	Sec. 1102.108. EMINENT DOMAIN
6063	6063	Sec. 1102.109. GIFTS AND ENDOWMENTS
6064	6064	Sec. 1102.110. PAYMENT FOR TREATMENT; PROCEDURES
6065	6065	Sec. 1102.111. NONPROFIT CORPORATION
6066	6066	Sec. 1102.112. AUTHORITY TO SUE AND BE SUED
6067	6067	[Sections 1102.113-1102.150 reserved for expansion]
6068	6068	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6069	6069	Sec. 1102.151. BUDGET
6070	6070	Sec. 1102.152. PROPOSED BUDGET; NOTICE AND HEARING
6071	6071	Sec. 1102.153. FISCAL YEAR
6072	6072	Sec. 1102.154. ANNUAL AUDIT
6073	6073	Sec. 1102.155. DEPOSITORY OR TREASURER
6074	6074	Sec. 1102.156. GENERAL AUTHORITY TO BORROW MONEY;
6075	6075	SECURITY
6076	6076	[Sections 1102.157-1102.200 reserved for expansion]
6077	6077	SUBCHAPTER E. BONDS
6078	6078	Sec. 1102.201. GENERAL OBLIGATION BONDS
6079	6079	Sec. 1102.202. TAX TO PAY GENERAL OBLIGATION BONDS
6080	6080	Sec. 1102.203. GENERAL OBLIGATION BOND ELECTION
6081	6081	Sec. 1102.204. EXECUTION OF GENERAL OBLIGATION BONDS
6082	6082	Sec. 1102.205. REVENUE BONDS
6083	6083	Sec. 1102.206. ADDITIONAL MEANS OF SECURING REPAYMENT
6084	6084	OF BONDS
6085	6085	Sec. 1102.207. USE OF BOND PROCEEDS
6086	6086	[Sections 1102.208-1102.250 reserved for expansion]
6087	6087	SUBCHAPTER F. TAXES
6088	6088	Sec. 1102.251. IMPOSITION OF AD VALOREM TAX
6089	6089	Sec. 1102.252. TAX RATE
6090	6090	Sec. 1102.253. TAX ASSESSOR-COLLECTOR
6091	6091	[Sections 1102.254-1102.300 reserved for expansion]
6092	6092	SUBCHAPTER G. DISSOLUTION
6093	6093	Sec. 1102.301. DISSOLUTION; ELECTION
6094	6094	Sec. 1102.302. NOTICE OF ELECTION
6095	6095	Sec. 1102.303. BALLOT
6096	6096	Sec. 1102.304. ELECTION RESULTS
6097	6097	Sec. 1102.305. TRANSFER OR ADMINISTRATION OF ASSETS
6098	6098	Sec. 1102.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
6099	6099	TAXES
6100	6100	Sec. 1102.307. REPORT; DISSOLUTION ORDER
6101	6101	CHAPTER 1102. SWEENY HOSPITAL DISTRICT
6102	6102	SUBCHAPTER A. GENERAL PROVISIONS
6103	6103	Sec. 1102.001. DEFINITIONS. In this chapter:
6104	6104	(1) "Board" means the board of directors of the
6105	6105	district.
6106	6106	(2) "Director" means a member of the board.
6107	6107	(3) "District" means the Sweeny Hospital District.
6108	6108	(New.)
6109	6109	Sec. 1102.002. AUTHORITY FOR OPERATION. The Sweeny
6110	6110	Hospital District operates in accordance with Section 9, Article
6111	6111	IX, Texas Constitution. (Acts 58th Leg., R.S., Ch. 135, Sec. 1
6112	6112	(part).)
6113	6113	Sec. 1102.003. POLITICAL SUBDIVISION. The district is a
6114	6114	political subdivision of this state. (Acts 58th Leg., R.S., Ch.
6115	6115	135, Sec. 16 (part).)
6116	6116	Sec. 1102.004. DISTRICT TERRITORY. The boundaries of the
6117	6117	district are coextensive with the boundaries of the Sweeny
6118	6118	Independent School District as those boundaries existed on May 10,
6119	6119	1963. (Acts 58th Leg., R.S., Ch. 135, Sec. 1 (part).)
6120	6120	Sec. 1102.005. CORRECTION OF INVALID PROCEDURES. If a
6121	6121	court holds that any procedure under this chapter violates the
6122	6122	constitution of this state or of the United States, the district by
6123	6123	resolution may provide an alternative procedure that conforms with
6124	6124	the constitution. (Acts 58th Leg., R.S., Ch. 135, Sec. 17 (part).)
6125	6125	[Sections 1102.006-1102.050 reserved for expansion]
6126	6126	SUBCHAPTER B. DISTRICT ADMINISTRATION
6127	6127	Sec. 1102.051. BOARD ELECTION; TERM. (a) The board
6128	6128	consists of seven elected directors.
6129	6129	(b) Unless four-year terms are established under Section
6130	6130	285.081, Health and Safety Code:
6131	6131	(1) directors serve two-year terms; and
6132	6132	(2) an election shall be held annually on the May
6133	6133	uniform election date under Section 41.001, Election Code. (Acts
6134	6134	58th Leg., R.S., Ch. 135, Secs. 3(a) (part), (c) (part).)
6135	6135	Sec. 1102.052. NOTICE OF ELECTION. Notice of a directors'
6136	6136	election shall be published in a newspaper of general circulation
6137	6137	in Brazoria County in accordance with Section 4.003, Election Code.
6138	6138	(Acts 58th Leg., R.S., Ch. 135, Sec. 3(c) (part).)
6139	6139	Sec. 1102.053. QUALIFICATIONS FOR OFFICE. (a) A person may
6140	6140	not be elected or appointed as a director unless the person is:
6141	6141	(1) a resident of the district; and
6142	6142	(2) at least 18 years of age.
6143	6143	(b) A district employee may not serve as a director. (Acts
6144	6144	58th Leg., R.S., Ch. 135, Sec. 3(a) (part).)
6145	6145	Sec. 1102.054. BOND; RECORD OF BOND AND OATH. (a) Each
6146	6146	director shall execute a good and sufficient bond for $1,000 that
6147	6147	is:
6148	6148	(1) payable to the district; and
6149	6149	(2) conditioned on the faithful performance of the
6150	6150	director's duties.
6151	6151	(b) Each director's bond and the constitutional oath of
6152	6152	office must be deposited with the district's depository bank for
6153	6153	safekeeping. (Acts 58th Leg., R.S., Ch. 135, Sec. 3(a) (part).)
6154	6154	Sec. 1102.055. BOARD VACANCY. (a) If a vacancy occurs in
6155	6155	the office of director, the remaining directors shall appoint a
6156	6156	director for the unexpired term.
6157	6157	(b) If the number of directors is reduced to fewer than four
6158	6158	for any reason, the remaining directors shall immediately call a
6159	6159	special election to fill the vacancies. If the remaining directors
6160	6160	do not call the election, a district court, on application of a
6161	6161	district voter or taxpayer, may order the directors to hold the
6162	6162	election. (Acts 58th Leg., R.S., Ch. 135, Sec. 3(b) (part).)
6163	6163	Sec. 1102.056. OFFICERS. (a) The board shall elect from
6164	6164	among its members a president and secretary.
6165	6165	(b) The board may elect or appoint other officers as the
6166	6166	board determines necessary.
6167	6167	(c) The board shall prescribe the powers and duties of an
6168	6168	officer position created under Subsection (b) in addition to the
6169	6169	positions of president and secretary. (Acts 58th Leg., R.S., Ch.
6170	6170	135, Sec. 3(b) (part).)
6171	6171	Sec. 1102.057. COMPENSATION; EXPENSES. A director serves
6172	6172	without compensation but may be reimbursed for actual expenses
6173	6173	incurred in the performance of official duties on approval of the
6174	6174	expenses by the entire board. (Acts 58th Leg., R.S., Ch. 135, Sec. 4
6175	6175	(part).)
6176	6176	Sec. 1102.058. VOTING REQUIREMENT. A concurrence of four
6177	6177	directors is sufficient in any matter relating to district
6178	6178	business. (Acts 58th Leg., R.S., Ch. 135, Sec. 3(b) (part).)
6179	6179	Sec. 1102.059. APPOINTMENT AND RECRUITMENT OF STAFF AND
6180	6180	EMPLOYEES. (a) The board may employ a general manager, an attorney,
6181	6181	a bookkeeper, an architect, and other employees considered
6182	6182	necessary for the efficient operation of the district.
6183	6183	(b) The board may spend district money, enter into
6184	6184	agreements, and take other necessary action to recruit physicians
6185	6185	as independent contractors to serve as medical staff members and to
6186	6186	recruit other persons to serve as district employees, including:
6187	6187	(1) advertising and marketing;
6188	6188	(2) paying travel, recruitment, and relocation
6189	6189	expenses;
6190	6190	(3) providing a loan or scholarship to:
6191	6191	(A) a physician who:
6192	6192	(i) is currently enrolled in health care
6193	6193	education courses at an institution of higher education; and
6194	6194	(ii) contractually agrees to serve as an
6195	6195	independent contractor on the district's medical staff; or
6196	6196	(B) a person who is not a physician who:
6197	6197	(i) is currently enrolled in health care
6198	6198	education courses at an institution of higher education; and
6199	6199	(ii) contractually agrees to become a
6200	6200	district employee;
6201	6201	(4) paying the tuition or other expenses of a
6202	6202	full-time medical student who:
6203	6203	(A) is enrolled in and is in good standing at an
6204	6204	accredited medical school, college, or university; and
6205	6205	(B) contractually agrees to serve as an
6206	6206	independent contractor on the district's medical staff in return
6207	6207	for that assistance; or
6208	6208	(5) paying the tuition or other expenses of a
6209	6209	full-time student in a health occupation who:
6210	6210	(A) is not a medical student;
6211	6211	(B) is enrolled in and is in good standing at an
6212	6212	accredited medical school, college, or university; and
6213	6213	(C) contractually agrees to serve as an employee
6214	6214	or independent contractor for the district in return for that
6215	6215	assistance. (Acts 58th Leg., R.S., Ch. 135, Secs. 7(a) (part),
6216	6216	(d).)
6217	6217	Sec. 1102.060. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
6218	6218	Except as provided by Section 1102.054, all district records,
6219	6219	including books, accounts, notices, and minutes, and all other
6220	6220	matters of the district and the operation of its facilities, shall
6221	6221	be:
6222	6222	(1) maintained at the district office; and
6223	6223	(2) open to public inspection at the district office
6224	6224	at all reasonable hours. (Acts 58th Leg., R.S., Ch. 135, Sec.
6225	6225	7(b).)
6226	6226	Sec. 1102.061. SEAL. The board may adopt a seal for the
6227	6227	district. (Acts 58th Leg., R.S., Ch. 135, Sec. 7(a) (part).)
6228	6228	[Sections 1102.062-1102.100 reserved for expansion]
6229	6229	SUBCHAPTER C. POWERS AND DUTIES
6230	6230	Sec. 1102.101. DISTRICT RESPONSIBILITY. The district has
6231	6231	full responsibility for providing medical and hospital care for the
6232	6232	district's needy inhabitants and needy and indigent residents.
6233	6233	(Acts 58th Leg., R.S., Ch. 135, Secs. 2 (part), 12 (part).)
6234	6234	Sec. 1102.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION.
6235	6235	Brazoria County or a municipality in the district may not impose a
6236	6236	tax on property in the district for hospital purposes. (Acts 58th
6237	6237	Leg., R.S., Ch. 135, Sec. 12 (part).)
6238	6238	Sec. 1102.103. MANAGEMENT AND CONTROL OF DISTRICT. The
6239	6239	management and control of the district is vested in the board.
6240	6240	(Acts 58th Leg., R.S., Ch. 135, Sec. 4 (part).)
6241	6241	Sec. 1102.104. HOSPITAL SYSTEM. The district shall provide
6242	6242	for:
6243	6243	(1) the establishment of a hospital system to provide
6244	6244	medical and hospital care to district residents by:
6245	6245	(A) purchasing, constructing, acquiring,
6246	6246	repairing, or renovating buildings and improvements; and
6247	6247	(B) equipping the buildings and improvements;
6248	6248	and
6249	6249	(2) the administration of the hospital system for
6250	6250	hospital purposes. (Acts 58th Leg., R.S., Ch. 135, Sec. 2 (part).)
6251	6251	Sec. 1102.105. NURSING HOME FACILITIES. The district may
6252	6252	provide outpatient care for the aged or infirm residing in the
6253	6253	district in nursing home facilities by purchasing, constructing,
6254	6254	acquiring, repairing, renovating, or leasing land, buildings, and
6255	6255	improvements. The district may equip the facilities and administer
6256	6256	the facilities for appropriate purposes. (Acts 58th Leg., R.S.,
6257	6257	Ch. 135, Sec. 2a.)
6258	6258	Sec. 1102.106. RULES. (a) The board may adopt rules
6259	6259	governing the operation of the district and district facilities.
6260	6260	(b) The rules, on approval by the board, may be published in
6261	6261	booklet form at district expense and may be made available to any
6262	6262	taxpayer on request. (Acts 58th Leg., R.S., Ch. 135, Sec. 7(c).)
6263	6263	Sec. 1102.107. PURCHASING AND ACCOUNTING PROCEDURES. (a)
6264	6264	The board may prescribe the method and manner of making purchases
6265	6265	and expenditures by and for the district.
6266	6266	(b) The board shall prescribe:
6267	6267	(1) all accounting and control procedures; and
6268	6268	(2) the method of purchasing necessary supplies,
6269	6269	materials, and equipment. (Acts 58th Leg., R.S., Ch. 135, Sec. 7(a)
6270	6270	(part).)
6271	6271	Sec. 1102.108. EMINENT DOMAIN. (a) The district may
6272	6272	exercise the power of eminent domain to acquire a fee simple or
6273	6273	other interest in any type of property, real, personal, or mixed,
6274	6274	located in district territory, if the interest is necessary or
6275	6275	convenient to exercise a right, power, privilege, or function
6276	6276	conferred on the district by this chapter.
6277	6277	(b) The district must exercise the power of eminent domain
6278	6278	in the manner provided by Chapter 21, Property Code, except the
6279	6279	district is not required to deposit in the trial court money or a
6280	6280	bond as provided by Section 21.021(a), Property Code.
6281	6281	(c) In a condemnation proceeding brought by the district,
6282	6282	the district is not required to:
6283	6283	(1) pay in advance or provide a bond or other security
6284	6284	for costs in the trial court;
6285	6285	(2) provide a bond for the issuance of a temporary
6286	6286	restraining order or a temporary injunction; or
6287	6287	(3) provide a bond for costs or a supersedeas bond on
6288	6288	an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 135,
6289	6289	Sec. 9.)
6290	6290	Sec. 1102.109. GIFTS AND ENDOWMENTS. The board may accept
6291	6291	for the district a gift or endowment to be held in trust and
6292	6292	administered by the board for the purposes and under the
6293	6293	directions, limitations, or other provisions prescribed in writing
6294	6294	by the donor that are not inconsistent with the proper management
6295	6295	and objectives of the district. (Acts 58th Leg., R.S., Ch. 135,
6296	6296	Sec. 14.)
6297	6297	Sec. 1102.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
6298	6298	When a patient who resides in the district is admitted to a district
6299	6299	facility, the board shall have an inquiry made into the
6300	6300	circumstances of:
6301	6301	(1) the patient; and
6302	6302	(2) the patient's relatives legally liable for the
6303	6303	patient's support.
6304	6304	(b) If an agent designated by the district to handle the
6305	6305	inquiry determines that the patient or those relatives cannot pay
6306	6306	for all or part of the patient's care and treatment in the hospital,
6307	6307	the amount that cannot be paid becomes a charge against the
6308	6308	district.
6309	6309	(c) If the board determines that the patient or those
6310	6310	relatives are liable to pay for all or part of the patient's care
6311	6311	and treatment, the patient or those relatives shall be ordered to
6312	6312	pay to the district's treasurer a specified amount each week for the
6313	6313	patient's support. The amount ordered must be proportionate to
6314	6314	their financial ability and may not exceed the actual per capita
6315	6315	cost of maintenance.
6316	6316	(d) The district may collect the amount from the patient's
6317	6317	estate, or from the patient's relatives legally liable for the
6318	6318	patient's support, in the manner provided by law for the collection
6319	6319	of expenses of the last illness of a deceased person.
6320	6320	(e) If there is a dispute as to the ability to pay, or doubt
6321	6321	in the mind of the district's designated agent, the board shall hold
6322	6322	a hearing and, after calling witnesses, shall:
6323	6323	(1) resolve the dispute or doubt; and
6324	6324	(2) issue any appropriate order.
6325	6325	(f) Either party to the dispute may appeal the order to the
6326	6326	district court. (Acts 58th Leg., R.S., Ch. 135, Sec. 13.)
6327	6327	Sec. 1102.111. NONPROFIT CORPORATION. (a) The district
6328	6328	may create and sponsor a nonprofit corporation under the Business
6329	6329	Organizations Code and may contribute money to or solicit money for
6330	6330	the corporation.
6331	6331	(b) The corporation may use money contributed by the
6332	6332	district only to provide health care or other services the district
6333	6333	is authorized to provide under this chapter.
6334	6334	(c) The corporation may invest the corporation's money in
6335	6335	any manner in which the district may invest the district's money,
6336	6336	including investing money as authorized by Chapter 2256, Government
6337	6337	Code.
6338	6338	(d) The board shall establish controls to ensure that the
6339	6339	corporation uses its money as required by this section. (Acts 58th
6340	6340	Leg., R.S., Ch. 135, Sec. 7A.)
6341	6341	Sec. 1102.112. AUTHORITY TO SUE AND BE SUED. As a
6342	6342	governmental agency, the district may sue and be sued in its own
6343	6343	name in any court of this state. (Acts 58th Leg., R.S., Ch. 135,
6344	6344	Sec. 16 (part).)
6345	6345	[Sections 1102.113-1102.150 reserved for expansion]
6346	6346	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6347	6347	Sec. 1102.151. BUDGET. The board annually shall have a
6348	6348	budget prepared for the next fiscal year that includes:
6349	6349	(1) proposed expenditures and disbursements;
6350	6350	(2) estimated receipts and collections; and
6351	6351	(3) the amount of taxes required to be imposed for the
6352	6352	year. (Acts 58th Leg., R.S., Ch. 135, Sec. 8(c) (part).)
6353	6353	Sec. 1102.152. PROPOSED BUDGET; NOTICE AND HEARING. (a)
6354	6354	The board shall hold a public hearing on the proposed budget.
6355	6355	(b) Notice of the hearing must be published at least once in
6356	6356	a newspaper of general circulation in Brazoria County not later
6357	6357	than the 10th day before the date of the hearing.
6358	6358	(c) Any district resident is entitled to:
6359	6359	(1) appear at the time and place designated in the
6360	6360	notice; and
6361	6361	(2) be heard regarding any item included in the
6362	6362	proposed budget. (Acts 58th Leg., R.S., Ch. 135, Sec. 8(c) (part).)
6363	6363	Sec. 1102.153. FISCAL YEAR. (a) The district operates
6364	6364	according to a fiscal year established by the board.
6365	6365	(b) The fiscal year may not be changed:
6366	6366	(1) if revenue bonds of the district are outstanding;
6367	6367	or
6368	6368	(2) more than once in a 24-month period. (Acts 58th
6369	6369	Leg., R.S., Ch. 135, Sec. 8(a).)
6370	6370	Sec. 1102.154. ANNUAL AUDIT. The board annually shall have
6371	6371	an independent audit made of the district's books and records.
6372	6372	(Acts 58th Leg., R.S., Ch. 135, Sec. 8(b).)
6373	6373	Sec. 1102.155. DEPOSITORY OR TREASURER. (a) The board by
6374	6374	resolution shall designate a bank or banks in Brazoria County as the
6375	6375	district's depository or treasurer. A designated bank serves for
6376	6376	two years and until a successor is designated.
6377	6377	(b) All district money shall be secured in the manner
6378	6378	provided for securing county funds. (Acts 58th Leg., R.S., Ch. 135,
6379	6379	Sec. 10.)
6380	6380	Sec. 1102.156. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
6381	6381	(a) The board may borrow money at a rate not to exceed the maximum
6382	6382	annual percentage rate allowed by law for district obligations at
6383	6383	the time the loan is made.
6384	6384	(b) To secure a loan, the board may pledge:
6385	6385	(1) district revenue that is not pledged to pay the
6386	6386	district's bonded indebtedness;
6387	6387	(2) a district tax to be imposed by the district during
6388	6388	the 12-month period following the date of the pledge that is not
6389	6389	pledged to pay the principal of or interest on district bonds; or
6390	6390	(3) a district bond that has been authorized but not
6391	6391	sold.
6392	6392	(c) A loan for which taxes or bonds are pledged must mature
6393	6393	not later than the first anniversary of the date the loan is made. A
6394	6394	loan for which district revenue is pledged must mature not later
6395	6395	than the fifth anniversary of the date the loan is made. (Acts 58th
6396	6396	Leg., R.S., Ch. 135, Sec. 7B.)
6397	6397	[Sections 1102.157-1102.200 reserved for expansion]
6398	6398	SUBCHAPTER E. BONDS
6399	6399	Sec. 1102.201. GENERAL OBLIGATION BONDS. The board may
6400	6400	issue and sell general obligation bonds in the name and on the faith
6401	6401	and credit of the district to purchase, construct, acquire, repair,
6402	6402	or renovate buildings or improvements and equip buildings or
6403	6403	improvements for hospital purposes. (Acts 58th Leg., R.S., Ch.
6404	6404	135, Sec. 6(a) (part).)
6405	6405	Sec. 1102.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a)
6406	6406	The board shall impose an ad valorem tax at a rate sufficient to
6407	6407	create an interest and sinking fund to pay the principal of and
6408	6408	interest on general obligation bonds issued under Section 1102.201
6409	6409	as the bonds mature.
6410	6410	(b) The tax required by this section together with any other
6411	6411	ad valorem tax imposed for the district may not in any year exceed
6412	6412	75 cents on each $100 valuation of taxable property in the district.
6413	6413	(Acts 58th Leg., R.S., Ch. 135, Secs. 5(a) (part), 6(a) (part).)
6414	6414	Sec. 1102.203. GENERAL OBLIGATION BOND ELECTION. (a) The
6415	6415	district may issue general obligation bonds only if the bonds are
6416	6416	authorized by a majority of the district voters voting at an
6417	6417	election held for that purpose.
6418	6418	(b) The board may order a bond election in accordance with
6419	6419	Chapter 1251, Government Code.
6420	6420	(c) Notice of a bond election shall be given as provided by
6421	6421	Chapter 1251, Government Code. (Acts 58th Leg., R.S., Ch. 135, Sec.
6422	6422	6(c) (part).)
6423	6423	Sec. 1102.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
6424	6424	The board president shall execute district general obligation bonds
6425	6425	in the district's name.
6426	6426	(b) The board secretary shall countersign the bonds. (Acts
6427	6427	58th Leg., R.S., Ch. 135, Sec. 6(b) (part).)
6428	6428	Sec. 1102.205. REVENUE BONDS. (a) The board may issue
6429	6429	revenue bonds to purchase, construct, acquire, repair, renovate, or
6430	6430	equip buildings, sites, or improvements for district purposes.
6431	6431	(b) The bonds must be payable from and secured by a pledge of
6432	6432	all or part of the revenue derived from the operation of the
6433	6433	district's hospital system.
6434	6434	(c) The bonds may be additionally secured by a mortgage or
6435	6435	deed of trust lien on all or part of district property.
6436	6436	(d) The bonds must be issued in the manner provided by
6437	6437	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
6438	6438	Health and Safety Code. (Acts 58th Leg., R.S., Ch. 135, Sec. 6(e).)
6439	6439	Sec. 1102.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF
6440	6440	BONDS. In addition to the authority to issue general obligation
6441	6441	bonds and revenue bonds under this subchapter, the board may
6442	6442	provide for the security and payment of district bonds from a pledge
6443	6443	of a combination of ad valorem taxes as authorized by Section
6444	6444	1102.202 and revenue and other sources as authorized by Section
6445	6445	1102.205. (Acts 58th Leg., R.S., Ch. 135, Sec. 6A.)
6446	6446	Sec. 1102.207. USE OF BOND PROCEEDS. The district may use
6447	6447	the proceeds of bonds issued under this subchapter to pay:
6448	6448	(1) any expense the board determines is reasonable and
6449	6449	necessary to issue, sell, and deliver the bonds;
6450	6450	(2) interest payments on the bonds during a period of
6451	6451	acquisition or construction of a project or facility to be provided
6452	6452	through the bonds, not to exceed five years;
6453	6453	(3) costs related to the operation and maintenance of
6454	6454	a project or facility to be provided through the bonds:
6455	6455	(A) during an estimated period of acquisition or
6456	6456	construction, not to exceed five years; and
6457	6457	(B) for one year after the project or facility is
6458	6458	acquired or constructed;
6459	6459	(4) costs related to the financing of the bond funds,
6460	6460	including debt service reserve and contingency funds;
6461	6461	(5) costs related to the bond issuance;
6462	6462	(6) costs related to the acquisition of land or
6463	6463	interests in land for a project or facility to be provided through
6464	6464	the bonds; and
6465	6465	(7) construction costs of a project or facility to be
6466	6466	provided through the bonds, including the payment of related
6467	6467	professional services and expenses. (Acts 58th Leg., R.S., Ch.
6468	6468	135, Sec. 6B.)
6469	6469	[Sections 1102.208-1102.250 reserved for expansion]
6470	6470	SUBCHAPTER F. TAXES
6471	6471	Sec. 1102.251. IMPOSITION OF AD VALOREM TAX. (a) On final
6472	6472	approval of the budget, the board shall impose a tax on all property
6473	6473	in the district subject to district taxation.
6474	6474	(b) The board shall impose the tax to:
6475	6475	(1) pay the interest on and create a sinking fund for
6476	6476	bonds issued by the district for hospital purposes as provided by
6477	6477	this chapter;
6478	6478	(2) provide for the maintenance and operation of the
6479	6479	district and hospital system;
6480	6480	(3) make improvements and additions to the hospital
6481	6481	system; and
6482	6482	(4) acquire necessary sites for the hospital system by
6483	6483	purchase, lease, or condemnation. (Acts 58th Leg., R.S., Ch. 135,
6484	6484	Secs. 5(a) (part), 8(c) (part).)
6485	6485	Sec. 1102.252. TAX RATE. The board may impose the tax at a
6486	6486	rate not to exceed 75 cents on each $100 valuation of all taxable
6487	6487	property in the district. (Acts 58th Leg., R.S., Ch. 135, Sec. 5(a)
6488	6488	(part).)
6489	6489	Sec. 1102.253. TAX ASSESSOR-COLLECTOR. The board may
6490	6490	provide for the appointment of a tax assessor-collector for the
6491	6491	district or may contract for the assessment and collection of taxes
6492	6492	as provided by the Tax Code. (Acts 58th Leg., R.S., Ch. 135, Sec.
6493	6493	5(c).)
6494	6494	[Sections 1102.254-1102.300 reserved for expansion]
6495	6495	SUBCHAPTER G. DISSOLUTION
6496	6496	Sec. 1102.301. DISSOLUTION; ELECTION. (a) The district
6497	6497	may be dissolved only on approval of a majority of the registered
6498	6498	district voters voting in an election held for that purpose.
6499	6499	(b) The board may order an election on the question of
6500	6500	dissolving the district and disposing of the district's assets and
6501	6501	obligations.
6502	6502	(c) The board shall order an election if the board receives
6503	6503	a petition requesting an election that is signed by at least 15
6504	6504	percent of the registered district voters.
6505	6505	(d) The election shall be held not later than the 60th day
6506	6506	after the date the election is ordered.
6507	6507	(e) The order calling the election must state:
6508	6508	(1) the nature of the election, including the
6509	6509	proposition to appear on the ballot;
6510	6510	(2) the date of the election;
6511	6511	(3) the hours during which the polls will be open; and
6512	6512	(4) the location of the polling places.
6513	6513	(f) Section 41.001, Election Code, does not apply to an
6514	6514	election ordered under this section. (Acts 58th Leg., R.S., Ch.
6515	6515	135, Secs. 9A(a), (b), (c), (d).)
6516	6516	Sec. 1102.302. NOTICE OF ELECTION. (a) The board shall
6517	6517	give notice of an election under this subchapter by publishing once
6518	6518	a week for two consecutive weeks a substantial copy of the election
6519	6519	order in a newspaper with general circulation in the district.
6520	6520	(b) The first publication of notice must appear not later
6521	6521	than the 35th day before the date set for the election. (Acts 58th
6522	6522	Leg., R.S., Ch. 135, Sec. 9A(e).)
6523	6523	Sec. 1102.303. BALLOT. The ballot for an election under
6524	6524	this subchapter must be printed to permit voting for or against the
6525	6525	proposition: "The dissolution of the Sweeny Hospital District."
6526	6526	(Acts 58th Leg., R.S., Ch. 135, Sec. 9A(f).)
6527	6527	Sec. 1102.304. ELECTION RESULTS. (a) If a majority of the
6528	6528	votes in an election under this subchapter favor dissolution, the
6529	6529	board shall find that the district is dissolved.
6530	6530	(b) If a majority of the votes in the election do not favor
6531	6531	dissolution, the board shall continue to administer the district
6532	6532	and another election on the question of dissolution may not be held
6533	6533	before the first anniversary of the date of the most recent election
6534	6534	to dissolve the district. (Acts 58th Leg., R.S., Ch. 135, Sec.
6535	6535	9A(g).)
6536	6536	Sec. 1102.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
6537	6537	If a majority of the votes in the election held under this
6538	6538	subchapter favor dissolution, the board shall:
6539	6539	(1) transfer the land, buildings, improvements,
6540	6540	equipment, and other assets that belong to the district to Brazoria
6541	6541	County or another governmental entity in Brazoria County; or
6542	6542	(2) administer the property, assets, and debts until
6543	6543	all money has been disposed of and all district debts have been paid
6544	6544	or settled.
6545	6545	(b) If the district makes the transfer under Subsection
6546	6546	(a)(1), the county or entity assumes all debts and obligations of
6547	6547	the district at the time of the transfer, and the district is
6548	6548	dissolved.
6549	6549	(c) If the district does not make the transfer under
6550	6550	Subsection (a)(1) and the board administers the property, assets,
6551	6551	and debts of the district under Subsection (a)(2), the district is
6552	6552	dissolved when all the money has been disposed of and all district
6553	6553	debts have been paid or settled. (Acts 58th Leg., R.S., Ch. 135,
6554	6554	Secs. 9A(h), (i), (j).)
6555	6555	Sec. 1102.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
6556	6556	TAXES. (a) After the board finds that the district is dissolved,
6557	6557	the board shall:
6558	6558	(1) determine any debt owed by the district; and
6559	6559	(2) impose on the property included on the district's
6560	6560	tax roll a tax that is in proportion of any debt to the property
6561	6561	value.
6562	6562	(b) On the payment of all outstanding debts and obligations
6563	6563	of the district, the board shall order the board secretary to return
6564	6564	to each district taxpayer the taxpayer's pro rata share of all
6565	6565	unused tax money.
6566	6566	(c) A taxpayer may request that the taxpayer's share of
6567	6567	surplus tax money be credited to the taxpayer's county taxes. If a
6568	6568	taxpayer requests the credit, the board shall direct the board
6569	6569	secretary to transmit the money to the Brazoria County tax
6570	6570	assessor-collector. (Acts 58th Leg., R.S., Ch. 135, Secs. 9A(k),
6571	6571	(l), (m).)
6572	6572	Sec. 1102.307. REPORT; DISSOLUTION ORDER. (a) After the
6573	6573	district has paid all district debts and has disposed of all
6574	6574	district money and other assets as prescribed by this subchapter,
6575	6575	the board shall file a written report with the Commissioners Court
6576	6576	of Brazoria County summarizing the board's actions in dissolving
6577	6577	the district.
6578	6578	(b) Not later than the 10th day after the date the
6579	6579	commissioners court receives the report and determines that the
6580	6580	requirements of this subchapter have been fulfilled, the
6581	6581	commissioners court shall enter an order dissolving the district
6582	6582	and releasing the board from any further duty or obligation. (Acts 58th Leg., R.S., Ch. 135, Secs. 9A(n), (o).)
6583	6583	CHAPTER 1103. SWISHER MEMORIAL HOSPITAL DISTRICT
6584	6584	SUBCHAPTER A. GENERAL PROVISIONS
6585	6585	Sec. 1103.001. DEFINITIONS
6586	6586	Sec. 1103.002. AUTHORITY FOR CREATION
6587	6587	Sec. 1103.003. ESSENTIAL PUBLIC FUNCTION
6588	6588	Sec. 1103.004. DISTRICT TERRITORY
6589	6589	Sec. 1103.005. DISTRICT SUPPORT AND MAINTENANCE NOT
6590	6590	STATE OBLIGATION
6591	6591	Sec. 1103.006. RESTRICTION ON STATE FINANCIAL
6592	6592	ASSISTANCE
6593	6593	[Sections 1103.007-1103.050 reserved for expansion]
6594	6594	SUBCHAPTER B. DISTRICT ADMINISTRATION
6595	6595	Sec. 1103.051. BOARD ELECTION; TERM
6596	6596	Sec. 1103.052. NOTICE OF ELECTION
6597	6597	Sec. 1103.053. BALLOT PETITION
6598	6598	Sec. 1103.054. QUALIFICATIONS FOR OFFICE
6599	6599	Sec. 1103.055. BOARD VACANCY
6600	6600	Sec. 1103.056. OFFICERS
6601	6601	Sec. 1103.057. COMPENSATION
6602	6602	Sec. 1103.058. VOTING REQUIREMENT
6603	6603	Sec. 1103.059. DISTRICT ADMINISTRATOR; ASSISTANT
6604	6604	ADMINISTRATOR
6605	6605	Sec. 1103.060. GENERAL DUTIES OF DISTRICT
6606	6606	ADMINISTRATOR
6607	6607	Sec. 1103.061. EMPLOYEES
6608	6608	Sec. 1103.062. RETIREMENT PROGRAM
6609	6609	Sec. 1103.063. MAINTENANCE OF RECORDS; PUBLIC
6610	6610	INSPECTION
6611	6611	[Sections 1103.064-1103.100 reserved for expansion]
6612	6612	SUBCHAPTER C. POWERS AND DUTIES
6613	6613	Sec. 1103.101. DISTRICT RESPONSIBILITY
6614	6614	Sec. 1103.102. RESTRICTION ON COUNTY OR MUNICIPAL
6615	6615	TAXATION AND DEBT
6616	6616	Sec. 1103.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
6617	6617	Sec. 1103.104. HOSPITAL SYSTEM
6618	6618	Sec. 1103.105. RULES
6619	6619	Sec. 1103.106. PURCHASING AND ACCOUNTING PROCEDURES
6620	6620	Sec. 1103.107. EMINENT DOMAIN
6621	6621	Sec. 1103.108. GIFTS AND ENDOWMENTS
6622	6622	Sec. 1103.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
6623	6623	FOR CARE AND TREATMENT
6624	6624	Sec. 1103.110. PAYMENT FOR TREATMENT; PROCEDURES
6625	6625	Sec. 1103.111. AUTHORITY TO SUE AND BE SUED
6626	6626	[Sections 1103.112-1103.150 reserved for expansion]
6627	6627	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6628	6628	Sec. 1103.151. BUDGET
6629	6629	Sec. 1103.152. FISCAL YEAR
6630	6630	Sec. 1103.153. AUDIT
6631	6631	Sec. 1103.154. FINANCIAL REPORT
6632	6632	Sec. 1103.155. DEPOSITORY
6633	6633	[Sections 1103.156-1103.200 reserved for expansion]
6634	6634	SUBCHAPTER E. BONDS
6635	6635	Sec. 1103.201. GENERAL OBLIGATION BONDS
6636	6636	Sec. 1103.202. TAX TO PAY GENERAL OBLIGATION BONDS
6637	6637	Sec. 1103.203. GENERAL OBLIGATION BOND ELECTION
6638	6638	Sec. 1103.204. EXECUTION OF GENERAL OBLIGATION BONDS
6639	6639	Sec. 1103.205. REFUNDING BONDS
6640	6640	Sec. 1103.206. BONDS EXEMPT FROM TAXATION
6641	6641	Sec. 1103.207. ANTICIPATION NOTES AND CERTIFICATES OF
6642	6642	OBLIGATION
6643	6643	[Sections 1103.208-1103.250 reserved for expansion]
6644	6644	SUBCHAPTER F. GENERAL TAX PROVISIONS
6645	6645	Sec. 1103.251. IMPOSITION OF AD VALOREM TAX
6646	6646	Sec. 1103.252. TAX RATE
6647	6647	Sec. 1103.253. TAX ASSESSOR-COLLECTOR
6648	6648	CHAPTER 1103. SWISHER MEMORIAL HOSPITAL DISTRICT
6649	6649	SUBCHAPTER A. GENERAL PROVISIONS
6650	6650	Sec. 1103.001. DEFINITIONS. In this chapter:
6651	6651	(1) "Board" means the board of directors of the
6652	6652	district.
6653	6653	(2) "Director" means a member of the board.
6654	6654	(3) "District" means the Swisher Memorial Hospital
6655	6655	District. (New.)
6656	6656	Sec. 1103.002. AUTHORITY FOR CREATION. The Swisher
6657	6657	Memorial Hospital District is created under the authority of
6658	6658	Section 9, Article IX, Texas Constitution, and has the rights,
6659	6659	powers, and duties provided by this chapter. (Acts 59th Leg., R.S.,
6660	6660	Ch. 16, Sec. 1 (part).)
6661	6661	Sec. 1103.003. ESSENTIAL PUBLIC FUNCTION. The district
6662	6662	performs an essential public function in carrying out the purposes
6663	6663	of this chapter. (Acts 59th Leg., R.S., Ch. 16, Sec. 8 (part).)
6664	6664	Sec. 1103.004. DISTRICT TERRITORY. The boundaries of the
6665	6665	district are coextensive with the boundaries of Swisher County,
6666	6666	Texas. (Acts 59th Leg., R.S., Ch. 16, Sec. 1 (part).)
6667	6667	Sec. 1103.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
6668	6668	OBLIGATION. The support and maintenance of the district may not
6669	6669	become a charge against or obligation of this state. (Acts 59th
6670	6670	Leg., R.S., Ch. 16, Sec. 18 (part).)
6671	6671	Sec. 1103.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
6672	6672	The legislature may not make a direct appropriation for the
6673	6673	construction, maintenance, or improvement of a district facility.
6674	6674	(Acts 59th Leg., R.S., Ch. 16, Sec. 18 (part).)
6675	6675	[Sections 1103.007-1103.050 reserved for expansion]
6676	6676	SUBCHAPTER B. DISTRICT ADMINISTRATION
6677	6677	Sec. 1103.051. BOARD ELECTION; TERM. (a) The district is
6678	6678	governed by a board of five directors elected as follows:
6679	6679	(1) one director elected from each county
6680	6680	commissioners precinct; and
6681	6681	(2) one director elected from the county at large.
6682	6682	(b) Unless four-year terms are established under Section
6683	6683	285.081, Health and Safety Code, directors serve staggered two-year
6684	6684	terms, with the terms of two or three directors expiring each year,
6685	6685	as appropriate.
6686	6686	(c) An election shall be held on the uniform election date
6687	6687	in May of each year to elect the appropriate number of directors.
6688	6688	(Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).)
6689	6689	Sec. 1103.052. NOTICE OF ELECTION. At least 10 days before
6690	6690	the date of a directors' election, notice of the election must be
6691	6691	published one time in a newspaper of general circulation in Swisher
6692	6692	County. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).)
6693	6693	Sec. 1103.053. BALLOT PETITION. A person who wants to have
6694	6694	the person's name printed on the ballot as a candidate for director
6695	6695	must file a petition requesting that action. The petition must be:
6696	6696	(1) signed by not less than 25 registered voters; and
6697	6697	(2) filed by the deadline imposed by Section 144.005,
6698	6698	Election Code. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).)
6699	6699	Sec. 1103.054. QUALIFICATIONS FOR OFFICE. (a) A person
6700	6700	must at the time of election or appointment as director:
6701	6701	(1) own property subject to taxation in the district;
6702	6702	and
6703	6703	(2) be at least 18 years of age.
6704	6704	(b) A director must reside in the area the director
6705	6705	represents. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).)
6706	6706	Sec. 1103.055. BOARD VACANCY. (a) If a vacancy occurs in
6707	6707	the office of director, the remaining directors shall appoint a
6708	6708	director for the unexpired term.
6709	6709	(b) If the number of directors is reduced to fewer than
6710	6710	three for any reason, the remaining directors shall immediately
6711	6711	call a special election to fill the vacancies. If the remaining
6712	6712	directors do not call the election, the county judge of Swisher
6713	6713	County may fill the vacancies by appointment. (Acts 59th Leg.,
6714	6714	R.S., Ch. 16, Sec. 4 (part).)
6715	6715	Sec. 1103.056. OFFICERS. The board shall elect from among
6716	6716	its members a president, a vice president, and a secretary. (Acts
6717	6717	59th Leg., R.S., Ch. 16, Sec. 4 (part).)
6718	6718	Sec. 1103.057. COMPENSATION. A director is entitled to
6719	6719	compensation at a rate determined by the board. The rate may not
6720	6720	exceed $10 for each board meeting. (Acts 59th Leg., R.S., Ch. 16,
6721	6721	Sec. 4 (part).)
6722	6722	Sec. 1103.058. VOTING REQUIREMENT. A concurrence of three
6723	6723	directors is sufficient in any matter relating to district
6724	6724	business. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).)
6725	6725	Sec. 1103.059. DISTRICT ADMINISTRATOR; ASSISTANT
6726	6726	ADMINISTRATOR. (a) The board shall appoint a qualified person as
6727	6727	district administrator.
6728	6728	(b) The board may appoint an assistant administrator.
6729	6729	(c) The district administrator and any assistant
6730	6730	administrator serve at the will of the board and receive the
6731	6731	compensation determined by the board.
6732	6732	(d) On assuming the duties of district administrator, the
6733	6733	administrator shall execute a bond payable to the district in an
6734	6734	amount set by the board of not less than $10,000 that:
6735	6735	(1) is conditioned on the administrator performing the
6736	6736	administrator's duties; and
6737	6737	(2) contains any other condition the board requires.
6738	6738	(Acts 59th Leg., R.S., Ch. 16, Sec. 5 (part).)
6739	6739	Sec. 1103.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
6740	6740	Subject to any limitations prescribed by the board, the district
6741	6741	administrator shall:
6742	6742	(1) supervise the work and activities of the district;
6743	6743	and
6744	6744	(2) direct the affairs of the district. (Acts 59th
6745	6745	Leg., R.S., Ch. 16, Sec. 5 (part).)
6746	6746	Sec. 1103.061. EMPLOYEES. The board may employ any
6747	6747	doctors, technicians, nurses, and other employees as considered
6748	6748	necessary for the efficient operation of the district or may
6749	6749	provide that the district administrator has the authority to employ
6750	6750	those persons. (Acts 59th Leg., R.S., Ch. 16, Sec. 5 (part).)
6751	6751	Sec. 1103.062. RETIREMENT PROGRAM. The board may enter
6752	6752	into any contract or agreement with this state or the federal
6753	6753	government as required to establish or continue a retirement
6754	6754	program for the benefit of the district's employees. (Acts 59th
6755	6755	Leg., R.S., Ch. 16, Sec. 5 (part).)
6756	6756	Sec. 1103.063. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
6757	6757	(a) The board shall:
6758	6758	(1) keep an accurate account of board meetings and
6759	6759	proceedings; and
6760	6760	(2) maintain at the district's principal office all
6761	6761	district records and accounts, including contracts, notices,
6762	6762	duplicate vouchers, and duplicate receipts.
6763	6763	(b) The information described by Subsection (a) shall be
6764	6764	open to public inspection at the district's principal office at all
6765	6765	reasonable times. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).)
6766	6766	[Sections 1103.064-1103.100 reserved for expansion]
6767	6767	SUBCHAPTER C. POWERS AND DUTIES
6768	6768	Sec. 1103.101. DISTRICT RESPONSIBILITY. The district has
6769	6769	full responsibility for:
6770	6770	(1) operating all hospital facilities for providing
6771	6771	medical and hospital care of indigent persons; and
6772	6772	(2) providing medical and hospital care for the
6773	6773	district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 16, Secs.
6774	6774	2 (part), 17 (part).)
6775	6775	Sec. 1103.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION
6776	6776	AND DEBT. Swisher County or a municipality in Swisher County may
6777	6777	not impose a tax or issue bonds or other obligations for hospital
6778	6778	purposes or for medical care. (Acts 59th Leg., R.S., Ch. 16, Sec.
6779	6779	17 (part).)
6780	6780	Sec. 1103.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
6781	6781	The board shall manage, control, and administer the district's
6782	6782	hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 16, Sec.
6783	6783	5 (part).)
6784	6784	Sec. 1103.104. HOSPITAL SYSTEM. The district shall provide
6785	6785	for:
6786	6786	(1) the establishment of a hospital system by:
6787	6787	(A) purchasing, constructing, acquiring,
6788	6788	repairing, or renovating buildings and equipment; and
6789	6789	(B) equipping the buildings; and
6790	6790	(2) the administration of the hospital system for
6791	6791	hospital purposes. (Acts 59th Leg., R.S., Ch. 16, Sec. 2 (part).)
6792	6792	Sec. 1103.105. RULES. The board may adopt rules for the
6793	6793	operation of the district and as required to administer this
6794	6794	chapter. (Acts 59th Leg., R.S., Ch. 16, Secs. 5 (part), 9 (part).)
6795	6795	Sec. 1103.106. PURCHASING AND ACCOUNTING PROCEDURES. The
6796	6796	board may prescribe:
6797	6797	(1) the method and manner of making purchases and
6798	6798	expenditures by and for the district; and
6799	6799	(2) all accounting and control procedures. (Acts 59th
6800	6800	Leg., R.S., Ch. 16, Sec. 9 (part).)
6801	6801	Sec. 1103.107. EMINENT DOMAIN. (a) The district may
6802	6802	exercise the power of eminent domain to acquire a fee simple or
6803	6803	other interest in any type of property located in district
6804	6804	territory if the interest is necessary or convenient to a power,
6805	6805	right, or privilege conferred by this chapter.
6806	6806	(b) The district must exercise the power of eminent domain
6807	6807	in the manner provided by Chapter 21, Property Code. (Acts 59th
6808	6808	Leg., R.S., Ch. 16, Sec. 12.)
6809	6809	Sec. 1103.108. GIFTS AND ENDOWMENTS. The board may accept
6810	6810	for the district a gift or endowment to be held in trust and
6811	6811	administered by the board for the purposes and under any
6812	6812	directions, limitations, or other provisions prescribed in writing
6813	6813	by the donor that are not inconsistent with the proper management
6814	6814	and objectives of the district. (Acts 59th Leg., R.S., Ch. 16, Sec.
6815	6815	15.)
6816	6816	Sec. 1103.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
6817	6817	CARE AND TREATMENT. (a) The board may contract with a county or
6818	6818	municipality located outside Swisher County for the care and
6819	6819	treatment of a sick or injured person of that county or
6820	6820	municipality.
6821	6821	(b) The board may contract with this state or a federal
6822	6822	agency for the treatment of a sick or injured person for whom this
6823	6823	state or the federal government is responsible. (Acts 59th Leg.,
6824	6824	R.S., Ch. 16, Sec. 5 (part).)
6825	6825	Sec. 1103.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
6826	6826	When a patient who resides in the district is admitted to a district
6827	6827	facility, the district administrator shall have an inquiry made
6828	6828	into the circumstances of:
6829	6829	(1) the patient; and
6830	6830	(2) the patient's relatives legally liable for the
6831	6831	patient's support.
6832	6832	(b) If the district administrator determines that the
6833	6833	patient or those relatives cannot pay for all or part of the
6834	6834	patient's care and treatment in the hospital, the amount that
6835	6835	cannot be paid becomes a charge against the district.
6836	6836	(c) If the district administrator determines that the
6837	6837	patient or those relatives can pay for all or part of the patient's
6838	6838	care and treatment, the patient or those relatives shall be ordered
6839	6839	to pay the district a specified amount each week for the patient's
6840	6840	support. The amount ordered must be proportionate to their
6841	6841	financial ability and may not exceed the actual per capita cost of
6842	6842	maintenance.
6843	6843	(d) The district administrator may collect the amount from
6844	6844	the patient's estate, or from those relatives legally liable for
6845	6845	the patient's support, in the manner provided by law for the
6846	6846	collection of expenses of the last illness of a deceased person.
6847	6847	(e) If there is a dispute as to the ability to pay, or doubt
6848	6848	in the mind of the district administrator, the board shall hold a
6849	6849	hearing and, after calling witnesses, shall:
6850	6850	(1) resolve the dispute or doubt; and
6851	6851	(2) issue any appropriate order.
6852	6852	(f) A party to the dispute who is not satisfied with the
6853	6853	order may appeal to the district court. The appeal shall be by
6854	6854	trial de novo as that term is used in an appeal from a justice court
6855	6855	to the county court. (Acts 59th Leg., R.S., Ch. 16, Sec. 14.)
6856	6856	Sec. 1103.111. AUTHORITY TO SUE AND BE SUED. The district,
6857	6857	through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch.
6858	6858	16, Sec. 5 (part).)
6859	6859	[Sections 1103.112-1103.150 reserved for expansion]
6860	6860	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6861	6861	Sec. 1103.151. BUDGET. (a) The district administrator
6862	6862	shall prepare for approval by the board an annual budget that
6863	6863	corresponds to the district's fiscal year.
6864	6864	(b) Not later than August 31 of each year, the board shall
6865	6865	publish notice of a public hearing on the proposed budget. The
6866	6866	notice must be published in a newspaper of general circulation in
6867	6867	Swisher County at least 10 days before the date of the hearing.
6868	6868	(Acts 59th Leg., R.S., Ch. 16, Secs. 6 (part), 16.)
6869	6869	Sec. 1103.152. FISCAL YEAR. The district shall operate on a
6870	6870	fiscal year that begins on October 1 and ends on September 30.
6871	6871	(Acts 59th Leg., R.S., Ch. 16, Sec. 6 (part).)
6872	6872	Sec. 1103.153. AUDIT. (a) The district shall have an audit
6873	6873	made of the district's financial condition.
6874	6874	(b) The audit shall be open to inspection at all times at the
6875	6875	district's principal office. (Acts 59th Leg., R.S., Ch. 16, Sec. 6
6876	6876	(part).)
6877	6877	Sec. 1103.154. FINANCIAL REPORT. As soon as practicable
6878	6878	after the close of each fiscal year, the district administrator
6879	6879	shall prepare for the board:
6880	6880	(1) a complete sworn statement of all district money;
6881	6881	and
6882	6882	(2) a complete account of the disbursements of that
6883	6883	money. (Acts 59th Leg., R.S., Ch. 16, Sec. 6 (part).)
6884	6884	Sec. 1103.155. DEPOSITORY. (a) The board shall designate
6885	6885	one or more banks in Swisher County to serve as a depository for
6886	6886	district money.
6887	6887	(b) All district money shall be immediately deposited on
6888	6888	receipt with a depository bank, except that sufficient money must
6889	6889	be remitted to an appropriate bank to pay the principal of and
6890	6890	interest on the district's outstanding bonds, or other obligations
6891	6891	assumed by the district, on or before the maturity date of the
6892	6892	principal and interest.
6893	6893	(c) To the extent that money in a depository bank is not
6894	6894	insured by the Federal Deposit Insurance Corporation, the money
6895	6895	must be secured in the manner provided by law for the security of
6896	6896	county funds.
6897	6897	(d) Membership on the district's board of an officer or
6898	6898	director of a bank does not disqualify the bank from being
6899	6899	designated as depository. (Acts 59th Leg., R.S., Ch. 16, Sec. 10.)
6900	6900	[Sections 1103.156-1103.200 reserved for expansion]
6901	6901	SUBCHAPTER E. BONDS
6902	6902	Sec. 1103.201. GENERAL OBLIGATION BONDS. The board may
6903	6903	issue and sell general obligation bonds in the name and on the faith
6904	6904	and credit of the district for any purpose related to the purchase,
6905	6905	construction, acquisition, repair, or renovation of buildings or
6906	6906	improvements, and equipping buildings or improvements for a
6907	6907	hospital and the hospital system, as determined by the board. (Acts
6908	6908	59th Leg., R.S., Ch. 16, Sec. 7 (part).)
6909	6909	Sec. 1103.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
6910	6910	the time general obligation bonds are issued by the district, the
6911	6911	board shall impose an ad valorem tax at a rate sufficient to create
6912	6912	an interest and sinking fund and to pay the principal of and
6913	6913	interest on the bonds as the bonds mature.
6914	6914	(b) The tax required by this section together with any other
6915	6915	ad valorem tax imposed for the district may not in any year exceed
6916	6916	75 cents on each $100 valuation of taxable property in the district.
6917	6917	(Acts 59th Leg., R.S., Ch. 16, Sec. 7 (part).)
6918	6918	Sec. 1103.203. GENERAL OBLIGATION BOND ELECTION. (a) The
6919	6919	district may issue general obligation bonds only if the bonds are
6920	6920	authorized by a majority of the district voters voting at an
6921	6921	election held for that purpose.
6922	6922	(b) The board shall call the election. The election must be
6923	6923	held in accordance with Chapter 1251, Government Code.
6924	6924	(c) The bond election order must specify:
6925	6925	(1) the date of the election;
6926	6926	(2) the location of the polling places;
6927	6927	(3) the presiding election officers;
6928	6928	(4) the amount of the bonds to be authorized;
6929	6929	(5) the maximum maturity of the bonds; and
6930	6930	(6) the maximum interest rate of the bonds. (Acts 59th
6931	6931	Leg., R.S., Ch. 16, Sec. 7 (part).)
6932	6932	Sec. 1103.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
6933	6933	board president shall execute the general obligation bonds in the
6934	6934	district's name and the board secretary shall attest the bonds as
6935	6935	provided by Chapter 618, Government Code. (Acts 59th Leg., R.S.,
6936	6936	Ch. 16, Sec. 7 (part).)
6937	6937	Sec. 1103.205. REFUNDING BONDS. (a) District refunding
6938	6938	bonds may, without an election, be issued to refund any bonds issued
6939	6939	or assumed by the district.
6940	6940	(b) A refunding bond may be:
6941	6941	(1) sold, with the proceeds of the refunding bond
6942	6942	applied to the payment of outstanding bonds; or
6943	6943	(2) exchanged wholly or partly for not less than a
6944	6944	similar principal amount of the outstanding bonds. (Acts 59th
6945	6945	Leg., R.S., Ch. 16, Sec. 7 (part).)
6946	6946	Sec. 1103.206. BONDS EXEMPT FROM TAXATION. The following
6947	6947	are exempt from taxation by this state or a political subdivision of
6948	6948	this state:
6949	6949	(1) any bonds issued by the district;
6950	6950	(2) the transfer and issuance of the bonds; and
6951	6951	(3) any profits made in the sale of the bonds. (Acts
6952	6952	59th Leg., R.S., Ch. 16, Sec. 8 (part).)
6953	6953	Sec. 1103.207. ANTICIPATION NOTES AND CERTIFICATES OF
6954	6954	OBLIGATION. The board may issue:
6955	6955	(1) anticipation notes under Chapter 1431, Government
6956	6956	Code; and
6957	6957	(2) certificates of obligation under Subchapter C,
6958	6958	Chapter 271, Local Government Code. (Acts 59th Leg., R.S., Ch. 16,
6959	6959	Sec. 7A.)
6960	6960	[Sections 1103.208-1103.250 reserved for expansion]
6961	6961	SUBCHAPTER F. GENERAL TAX PROVISIONS
6962	6962	Sec. 1103.251. IMPOSITION OF AD VALOREM TAX. (a) The
6963	6963	district may impose a tax on all taxable property in the district
6964	6964	subject to district taxation.
6965	6965	(b) The tax may be used to meet the requirements of:
6966	6966	(1) district bonds;
6967	6967	(2) indebtedness assumed by the district; and
6968	6968	(3) district maintenance and operating expenses.
6969	6969	(Acts 59th Leg., R.S., Ch. 16, Secs. 3 (part), 13 (part).)
6970	6970	Sec. 1103.252. TAX RATE. The district may impose the tax at
6971	6971	a rate not to exceed 75 cents on each $100 valuation of taxable
6972	6972	property in the district. (Acts 59th Leg., R.S., Ch. 16, Sec. 3
6973	6973	(part).)
6974	6974	Sec. 1103.253. TAX ASSESSOR-COLLECTOR. The tax
6975	6975	assessor-collector of Swisher County shall assess and collect taxes
6976	6976	imposed by the district. (Acts 59th Leg., R.S., Ch. 16, Sec. 13 (part).)
6977	6977	CHAPTER 1104. TEAGUE HOSPITAL DISTRICT
6978	6978	SUBCHAPTER A. GENERAL PROVISIONS
6979	6979	Sec. 1104.001. DEFINITIONS
6980	6980	Sec. 1104.002. AUTHORITY FOR OPERATION
6981	6981	Sec. 1104.003. ESSENTIAL PUBLIC FUNCTION
6982	6982	Sec. 1104.004. DISTRICT TERRITORY
6983	6983	Sec. 1104.005. DISTRICT SUPPORT AND MAINTENANCE NOT
6984	6984	STATE OBLIGATION
6985	6985	Sec. 1104.006. RESTRICTION ON STATE FINANCIAL
6986	6986	ASSISTANCE
6987	6987	[Sections 1104.007-1104.050 reserved for expansion]
6988	6988	SUBCHAPTER B. DISTRICT ADMINISTRATION
6989	6989	Sec. 1104.051. BOARD ELECTION; TERMS
6990	6990	Sec. 1104.052. NOTICE OF ELECTION
6991	6991	Sec. 1104.053. BALLOT PETITION
6992	6992	Sec. 1104.054. QUALIFICATIONS FOR OFFICE
6993	6993	Sec. 1104.055. BOND
6994	6994	Sec. 1104.056. BOARD VACANCY
6995	6995	Sec. 1104.057. OFFICERS
6996	6996	Sec. 1104.058. COMPENSATION; EXPENSES
6997	6997	Sec. 1104.059. VOTING REQUIREMENT
6998	6998	Sec. 1104.060. DISTRICT ADMINISTRATOR
6999	6999	Sec. 1104.061. GENERAL DUTIES OF DISTRICT
7000	7000	ADMINISTRATOR
7001	7001	Sec. 1104.062. ASSISTANT DISTRICT ADMINISTRATOR;
7002	7002	ATTORNEY
7003	7003	Sec. 1104.063. APPOINTMENT OF STAFF AND EMPLOYEES
7004	7004	Sec. 1104.064. RETIREMENT BENEFITS
7005	7005	[Sections 1104.065-1104.100 reserved for expansion]
7006	7006	SUBCHAPTER C. POWERS AND DUTIES
7007	7007	Sec. 1104.101. DISTRICT RESPONSIBILITY
7008	7008	Sec. 1104.102. RESTRICTION ON MUNICIPAL TAXATION AND
7009	7009	DEBT
7010	7010	Sec. 1104.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
7011	7011	Sec. 1104.104. RULES
7012	7012	Sec. 1104.105. PURCHASING AND ACCOUNTING PROCEDURES
7013	7013	Sec. 1104.106. DISTRICT PROPERTY, FACILITIES, AND
7014	7014	EQUIPMENT
7015	7015	Sec. 1104.107. EMINENT DOMAIN
7016	7016	Sec. 1104.108. COST OF RELOCATING OR ALTERING PROPERTY
7017	7017	Sec. 1104.109. GIFTS AND ENDOWMENTS
7018	7018	Sec. 1104.110. CONSTRUCTION CONTRACTS
7019	7019	Sec. 1104.111. OPERATING AND MANAGEMENT CONTRACTS
7020	7020	Sec. 1104.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
7021	7021	FOR SERVICES
7022	7022	Sec. 1104.113. PAYMENT FOR TREATMENT; PROCEDURES
7023	7023	Sec. 1104.114. REIMBURSEMENT FOR SERVICES
7024	7024	Sec. 1104.115. AUTHORITY TO SUE AND BE SUED
7025	7025	[Sections 1104.116-1104.150 reserved for expansion]
7026	7026	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7027	7027	Sec. 1104.151. BUDGET
7028	7028	Sec. 1104.152. NOTICE; HEARING; ADOPTION OF BUDGET
7029	7029	Sec. 1104.153. AMENDMENTS TO BUDGET
7030	7030	Sec. 1104.154. RESTRICTION ON EXPENDITURES
7031	7031	Sec. 1104.155. FISCAL YEAR
7032	7032	Sec. 1104.156. ANNUAL AUDIT
7033	7033	Sec. 1104.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
7034	7034	RECORDS
7035	7035	Sec. 1104.158. FINANCIAL REPORT
7036	7036	Sec. 1104.159. DEPOSITORY
7037	7037	Sec. 1104.160. SPENDING AND INVESTMENT RESTRICTIONS
7038	7038	[Sections 1104.161-1104.200 reserved for expansion]
7039	7039	SUBCHAPTER E. BONDS
7040	7040	Sec. 1104.201. GENERAL OBLIGATION BONDS
7041	7041	Sec. 1104.202. TAX TO PAY GENERAL OBLIGATION BONDS
7042	7042	Sec. 1104.203. GENERAL OBLIGATION BOND ELECTION
7043	7043	Sec. 1104.204. REVENUE BONDS
7044	7044	Sec. 1104.205. REFUNDING BONDS
7045	7045	Sec. 1104.206. MATURITY OF BONDS
7046	7046	Sec. 1104.207. EXECUTION OF BONDS
7047	7047	Sec. 1104.208. BONDS EXEMPT FROM TAXATION
7048	7048	[Sections 1104.209-1104.250 reserved for expansion]
7049	7049	SUBCHAPTER F. TAXES
7050	7050	Sec. 1104.251. IMPOSITION OF AD VALOREM TAX
7051	7051	Sec. 1104.252. TAX RATE
7052	7052	Sec. 1104.253. ELECTION TO INCREASE MAXIMUM TAX RATE
7053	7053	Sec. 1104.254. TAX ASSESSOR-COLLECTOR
7054	7054	[Sections 1104.255-1104.300 reserved for expansion]
7055	7055	SUBCHAPTER G. DISSOLUTION
7056	7056	Sec. 1104.301. DISSOLUTION; ELECTION
7057	7057	Sec. 1104.302. NOTICE OF ELECTION
7058	7058	Sec. 1104.303. BALLOT
7059	7059	Sec. 1104.304. ELECTION RESULTS
7060	7060	Sec. 1104.305. DIRECTORS IN OFFICE AFTER DISSOLUTION
7061	7061	Sec. 1104.306. IMPOSITION OF TAX; TRANSFER OF DEBTS
7062	7062	Sec. 1104.307. DISPOSITION OR TRANSFER OF ASSETS AND
7063	7063	DEBTS
7064	7064	Sec. 1104.308. SPENDING RESTRICTIONS
7065	7065	Sec. 1104.309. REPORT; DISSOLUTION ORDER
7066	7066	CHAPTER 1104. TEAGUE HOSPITAL DISTRICT
7067	7067	SUBCHAPTER A. GENERAL PROVISIONS
7068	7068	Sec. 1104.001. DEFINITIONS. In this chapter:
7069	7069	(1) "Board" means the board of directors of the
7070	7070	district.
7071	7071	(2) "Director" means a member of the board.
7072	7072	(3) "District" means the Teague Hospital District.
7073	7073	(Acts 68th Leg., R.S., Ch. 1055, Sec. 1.01.)
7074	7074	Sec. 1104.002. AUTHORITY FOR OPERATION. The Teague
7075	7075	Hospital District operates and is financed as provided by Section
7076	7076	9, Article IX, Texas Constitution, and by this chapter. (Acts 68th
7077	7077	Leg., R.S., Ch. 1055, Sec. 1.02.)
7078	7078	Sec. 1104.003. ESSENTIAL PUBLIC FUNCTION. The district is
7079	7079	a public entity performing an essential public function. (Acts
7080	7080	68th Leg., R.S., Ch. 1055, Sec. 7.11 (part).)
7081	7081	Sec. 1104.004. DISTRICT TERRITORY. The boundaries of the
7082	7082	district are coextensive with the boundaries of the Teague
7083	7083	Independent School District as those boundaries existed on June 19,
7084	7084	1983. (Acts 68th Leg., R.S., Ch. 1055, Sec. 1.03.)
7085	7085	Sec. 1104.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
7086	7086	OBLIGATION. This state may not become obligated for the support or
7087	7087	maintenance of the district. (Acts 68th Leg., R.S., Ch. 1055, Sec.
7088	7088	10.01 (part).)
7089	7089	Sec. 1104.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
7090	7090	The legislature may not make a direct appropriation for the
7091	7091	construction, maintenance, or improvement of a district facility.
7092	7092	(Acts 68th Leg., R.S., Ch. 1055, Sec. 10.01 (part).)
7093	7093	[Sections 1104.007-1104.050 reserved for expansion]
7094	7094	SUBCHAPTER B. DISTRICT ADMINISTRATION
7095	7095	Sec. 1104.051. BOARD ELECTION; TERMS. (a) The district is
7096	7096	governed by a board of seven directors elected from the district at
7097	7097	large.
7098	7098	(b) Directors serve staggered two-year terms unless
7099	7099	four-year terms are established under Section 285.081, Health and
7100	7100	Safety Code. (Acts 68th Leg., R.S., Ch. 1055, Secs. 4.01(a),
7101	7101	4.03(a), (c).)
7102	7102	Sec. 1104.052. NOTICE OF ELECTION. At least 35 days before
7103	7103	the date of a directors' election, notice of the election must be
7104	7104	published one time in a newspaper with general circulation in the
7105	7105	district. (Acts 68th Leg., R.S., Ch. 1055, Sec. 4.04.)
7106	7106	Sec. 1104.053. BALLOT PETITION. A person who wants to have
7107	7107	the person's name printed on the ballot as a candidate for director
7108	7108	must file with the board secretary a petition requesting that
7109	7109	action. The petition must be:
7110	7110	(1) signed by at least 50 registered voters of the
7111	7111	district, as determined by the most recent official lists of
7112	7112	registered voters; and
7113	7113	(2) filed by the deadline imposed by Section 144.005,
7114	7114	Election Code. (Acts 68th Leg., R.S., Ch. 1055, Sec. 4.05.)
7115	7115	Sec. 1104.054. QUALIFICATIONS FOR OFFICE. (a) To be
7116	7116	eligible to be a candidate for or to serve as a director, a person
7117	7117	must be:
7118	7118	(1) a resident of the district; and
7119	7119	(2) a qualified voter.
7120	7120	(b) A district employee may not serve as a director. (Acts
7121	7121	68th Leg., R.S., Ch. 1055, Sec. 4.06.)
7122	7122	Sec. 1104.055. BOND. (a) Before assuming the duties of
7123	7123	office, each director must execute a bond for $5,000 that is:
7124	7124	(1) payable to the district; and
7125	7125	(2) conditioned on the faithful performance of the
7126	7126	director's duties.
7127	7127	(b) The board may pay for directors' bonds with district
7128	7128	money.
7129	7129	(c) Each director's bond shall be kept in the district's
7130	7130	permanent records. (Acts 68th Leg., R.S., Ch. 1055, Sec. 4.07.)
7131	7131	Sec. 1104.056. BOARD VACANCY. If a vacancy occurs in the
7132	7132	office of director, the remaining directors shall appoint a
7133	7133	director for the unexpired term. (Acts 68th Leg., R.S., Ch. 1055,
7134	7134	Sec. 4.08.)
7135	7135	Sec. 1104.057. OFFICERS. (a) The board shall elect from
7136	7136	among its members a president, a vice president, and a secretary.
7137	7137	(b) Each officer of the board serves a one-year term.
7138	7138	(c) The board shall fill a vacancy in a board office for the
7139	7139	unexpired term. (Acts 68th Leg., R.S., Ch. 1055, Secs. 4.09, 4.10.)
7140	7140	Sec. 1104.058. COMPENSATION; EXPENSES. A director or
7141	7141	officer serves without compensation but may be reimbursed for
7142	7142	actual expenses incurred in the performance of official duties.
7143	7143	The expenses must be:
7144	7144	(1) reported in the district's records; and
7145	7145	(2) approved by the board. (Acts 68th Leg., R.S., Ch.
7146	7146	1055, Sec. 4.11.)
7147	7147	Sec. 1104.059. VOTING REQUIREMENT. A concurrence of a
7148	7148	majority of the directors voting is necessary in any matter
7149	7149	relating to district business. (Acts 68th Leg., R.S., Ch. 1055,
7150	7150	Sec. 4.12.)
7151	7151	Sec. 1104.060. DISTRICT ADMINISTRATOR. (a) The board may
7152	7152	appoint a qualified person as district administrator.
7153	7153	(b) The district administrator serves at the will of the
7154	7154	board and is entitled to compensation as determined by the board.
7155	7155	(c) Before assuming the duties of district administrator,
7156	7156	the administrator must execute a bond in an amount determined by the
7157	7157	board of not less than $5,000 that is:
7158	7158	(1) payable to the district; and
7159	7159	(2) conditioned on the faithful performance of the
7160	7160	administrator's duties under this chapter.
7161	7161	(d) The board may pay for the bond with district money.
7162	7162	(Acts 68th Leg., R.S., Ch. 1055, Secs. 4.13(a) (part), (b) (part),
7163	7163	(c) (part), (d).)
7164	7164	Sec. 1104.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
7165	7165	Subject to the limitations prescribed by the board, the district
7166	7166	administrator shall:
7167	7167	(1) supervise the work and activities of the district;
7168	7168	and
7169	7169	(2) direct the general affairs of the district. (Acts
7170	7170	68th Leg., R.S., Ch. 1055, Sec. 4.16.)
7171	7171	Sec. 1104.062. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
7172	7172	(a) The board may appoint qualified persons as:
7173	7173	(1) the assistant district administrator; and
7174	7174	(2) the attorney for the district.
7175	7175	(b) The assistant district administrator and the attorney
7176	7176	for the district serve at the will of the board and are entitled to
7177	7177	compensation as determined by the board. (Acts 68th Leg., R.S., Ch.
7178	7178	1055, Secs. 4.13(a) (part), (b) (part), (c) (part).)
7179	7179	Sec. 1104.063. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
7180	7180	board may appoint to the staff any doctors the board considers
7181	7181	necessary for the efficient operation of the district and may make
7182	7182	temporary appointments as considered necessary.
7183	7183	(b) The district may employ technicians, nurses, fiscal
7184	7184	agents, accountants, architects, additional attorneys, and other
7185	7185	necessary employees.
7186	7186	(c) The board may delegate to the district administrator the
7187	7187	authority to employ persons for the district. (Acts 68th Leg.,
7188	7188	R.S., Ch. 1055, Secs. 4.14, 4.15.)
7189	7189	Sec. 1104.064. RETIREMENT BENEFITS. The board may provide
7190	7190	retirement benefits for district employees by:
7191	7191	(1) establishing or administering a retirement
7192	7192	program; or
7193	7193	(2) participating in:
7194	7194	(A) the Texas County and District Retirement
7195	7195	System; or
7196	7196	(B) another statewide retirement system in which
7197	7197	the district is eligible to participate. (Acts 68th Leg., R.S., Ch.
7198	7198	1055, Sec. 4.17.)
7199	7199	[Sections 1104.065-1104.100 reserved for expansion]
7200	7200	SUBCHAPTER C. POWERS AND DUTIES
7201	7201	Sec. 1104.101. DISTRICT RESPONSIBILITY. The district has
7202	7202	full responsibility for operating hospital facilities and for
7203	7203	providing medical and hospital care for the district's needy
7204	7204	inhabitants. (Acts 68th Leg., R.S., Ch. 1055, Sec. 5.02 (part).)
7205	7205	Sec. 1104.102. RESTRICTION ON MUNICIPAL TAXATION AND DEBT.
7206	7206	The City of Teague may not impose a tax or issue bonds or other
7207	7207	obligations for hospital purposes or to provide medical care for
7208	7208	district residents. (Acts 68th Leg., R.S., Ch. 1055, Sec.
7209	7209	5.01(b).)
7210	7210	Sec. 1104.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
7211	7211	The board shall manage, control, and administer the hospital system
7212	7212	and the district's money and resources. (Acts 68th Leg., R.S., Ch.
7213	7213	1055, Sec. 5.03.)
7214	7214	Sec. 1104.104. RULES. The board may adopt rules governing:
7215	7215	(1) the operation of the hospital and hospital system;
7216	7216	and
7217	7217	(2) the duties, functions, and responsibilities of
7218	7218	district staff and employees. (Acts 68th Leg., R.S., Ch. 1055, Sec.
7219	7219	5.04.)
7220	7220	Sec. 1104.105. PURCHASING AND ACCOUNTING PROCEDURES. The
7221	7221	board may prescribe:
7222	7222	(1) the method of making purchases and expenditures by
7223	7223	and for the district; and
7224	7224	(2) accounting and control procedures for the
7225	7225	district. (Acts 68th Leg., R.S., Ch. 1055, Sec. 5.05.)
7226	7226	Sec. 1104.106. DISTRICT PROPERTY, FACILITIES, AND
7227	7227	EQUIPMENT. (a) The board shall determine:
7228	7228	(1) the type, number, and location of buildings
7229	7229	required to maintain an adequate hospital system; and
7230	7230	(2) the type of equipment necessary for hospital care.
7231	7231	(b) The board may:
7232	7232	(1) acquire property, including facilities and
7233	7233	equipment, for the district for use in the hospital system; and
7234	7234	(2) mortgage or pledge the property as security for
7235	7235	payment of the purchase price.
7236	7236	(c) The board may lease hospital facilities for the
7237	7237	district.
7238	7238	(d) The board may sell or otherwise dispose of property,
7239	7239	including facilities or equipment, for the district. (Acts 68th
7240	7240	Leg., R.S., Ch. 1055, Sec. 5.06.)
7241	7241	Sec. 1104.107. EMINENT DOMAIN. (a) The district may
7242	7242	exercise the power of eminent domain to acquire a fee simple or
7243	7243	other interest in property located in district territory if the
7244	7244	interest is necessary to exercise a right or authority conferred by
7245	7245	this chapter.
7246	7246	(b) The district must exercise the power of eminent domain
7247	7247	in the manner provided by Chapter 21, Property Code, except the
7248	7248	district is not required to deposit in the trial court money or a
7249	7249	bond as provided by Section 21.021(a), Property Code.
7250	7250	(c) In a condemnation proceeding brought by the district,
7251	7251	the district is not required to:
7252	7252	(1) pay in advance or provide a bond or other security
7253	7253	for costs in the trial court;
7254	7254	(2) provide a bond for the issuance of a temporary
7255	7255	restraining order or a temporary injunction; or
7256	7256	(3) provide a bond for costs or a supersedeas bond on
7257	7257	an appeal or petition for review. (Acts 68th Leg., R.S., Ch. 1055,
7258	7258	Sec. 5.09.)
7259	7259	Sec. 1104.108. COST OF RELOCATING OR ALTERING PROPERTY. In
7260	7260	exercising the power of eminent domain, if the board requires
7261	7261	relocating, raising, lowering, rerouting, changing the grade, or
7262	7262	altering the construction of any railroad, highway, pipeline, or
7263	7263	electric transmission, telegraph, or telephone line, conduit,
7264	7264	pole, or facility, the district must bear the actual cost of
7265	7265	relocating, raising, lowering, rerouting, changing the grade, or
7266	7266	altering the construction to provide comparable replacement
7267	7267	without enhancement of facilities, after deducting the net salvage
7268	7268	value derived from the old facility. (Acts 68th Leg., R.S., Ch.
7269	7269	1055, Sec. 5.10.)
7270	7270	Sec. 1104.109. GIFTS AND ENDOWMENTS. The board may accept
7271	7271	for the district a gift or endowment to be held in trust for any
7272	7272	purpose and under any direction, limitation, or other provision
7273	7273	prescribed in writing by the donor that is consistent with the
7274	7274	proper management of the district. (Acts 68th Leg., R.S., Ch. 1055,
7275	7275	Sec. 5.14.)
7276	7276	Sec. 1104.110. CONSTRUCTION CONTRACTS. (a) The board may
7277	7277	enter into construction contracts for the district.
7278	7278	(b) The board may enter into a construction contract that
7279	7279	involves the expenditure of more than the amount provided by
7280	7280	Section 271.024, Local Government Code, only after competitive
7281	7281	bidding as provided by Subchapter B, Chapter 271, Local Government
7282	7282	Code. (Acts 68th Leg., R.S., Ch. 1055, Sec. 5.07(a).)
7283	7283	Sec. 1104.111. OPERATING AND MANAGEMENT CONTRACTS. The
7284	7284	board may enter into an operating or management contract relating
7285	7285	to a hospital facility for the district. (Acts 68th Leg., R.S., Ch.
7286	7286	1055, Sec. 5.08.)
7287	7287	Sec. 1104.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
7288	7288	SERVICES. The board may contract with a political subdivision of
7289	7289	this state or with a state or federal agency for the district to:
7290	7290	(1) furnish a mobile emergency medical service; or
7291	7291	(2) provide for the investigatory or welfare needs of
7292	7292	district inhabitants. (Acts 68th Leg., R.S., Ch. 1055, Sec. 5.13.)
7293	7293	Sec. 1104.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
7294	7294	When an individual who resides in the district is admitted as a
7295	7295	patient to a district facility, the district administrator may have
7296	7296	an inquiry made into the financial circumstances of:
7297	7297	(1) the patient; and
7298	7298	(2) a relative of the patient legally responsible for
7299	7299	the patient's support.
7300	7300	(b) To the extent that the patient or a relative of the
7301	7301	patient legally responsible for the patient's support cannot pay
7302	7302	for care and treatment provided by the district, the district shall
7303	7303	supply the care and treatment without charging the patient or the
7304	7304	patient's relative.
7305	7305	(c) On determining that the patient or a relative legally
7306	7306	responsible for the patient's support can pay for all or part of the
7307	7307	care and treatment provided by the district, the district
7308	7308	administrator shall report that determination to the board, and the
7309	7309	board shall issue an order directing the patient or the relative to
7310	7310	pay the district a specified amount each week. The amount must be
7311	7311	based on the individual's ability to pay.
7312	7312	(d) The district administrator may collect money owed to the
7313	7313	district from the patient's estate or from that of a relative
7314	7314	legally responsible for the patient's support in the manner
7315	7315	provided by law for the collection of expenses in the last illness
7316	7316	of a deceased person.
7317	7317	(e) If there is a dispute relating to an individual's
7318	7318	ability to pay or if the district administrator has any doubt
7319	7319	concerning an individual's ability to pay, the board shall:
7320	7320	(1) call witnesses;
7321	7321	(2) hear and resolve the question; and
7322	7322	(3) issue a final order.
7323	7323	(f) The final order of the board may be appealed to a
7324	7324	district court in the county in which the district is located. The
7325	7325	substantial evidence rule applies to the appeal. (Acts 68th Leg.,
7326	7326	R.S., Ch. 1055, Sec. 5.11.)
7327	7327	Sec. 1104.114. REIMBURSEMENT FOR SERVICES. (a) The board
7328	7328	shall require a county or municipality located outside the district
7329	7329	to reimburse the district for the district's care and treatment of a
7330	7330	sick or injured person of that county or municipality.
7331	7331	(b) On behalf of the district, the board may contract with
7332	7332	the state or federal government for that government to reimburse
7333	7333	the district for treatment of a sick or injured person. (Acts 68th
7334	7334	Leg., R.S., Ch. 1055, Sec. 5.12.)
7335	7335	Sec. 1104.115. AUTHORITY TO SUE AND BE SUED. The board may
7336	7336	sue and be sued on behalf of the district. (Acts 68th Leg., R.S.,
7337	7337	Ch. 1055, Sec. 5.15.)
7338	7338	[Sections 1104.116-1104.150 reserved for expansion]
7339	7339	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7340	7340	Sec. 1104.151. BUDGET. (a) The district administrator
7341	7341	shall prepare a proposed annual budget for the district.
7342	7342	(b) The proposed budget must contain a complete financial
7343	7343	statement, including a statement of:
7344	7344	(1) the outstanding obligations of the district;
7345	7345	(2) the amount of cash on hand to the credit of each
7346	7346	district fund;
7347	7347	(3) the amount of money received by the district from
7348	7348	all sources during the previous year;
7349	7349	(4) the amount of money available to the district from
7350	7350	all sources during the ensuing year;
7351	7351	(5) the amount of the balances expected at the end of
7352	7352	the year in which the budget is being prepared;
7353	7353	(6) the estimated amount of revenue and balances
7354	7354	available to cover the proposed budget; and
7355	7355	(7) the estimated tax rate required. (Acts 68th Leg.,
7356	7356	R.S., Ch. 1055, Sec. 6.04.)
7357	7357	Sec. 1104.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
7358	7358	The board shall hold a public hearing on the proposed annual budget.
7359	7359	(b) The board shall publish notice of the hearing in a
7360	7360	newspaper of general circulation in the district not later than the
7361	7361	10th day before the date of the hearing.
7362	7362	(c) Any district resident is entitled to be present and
7363	7363	participate at the hearing.
7364	7364	(d) At the conclusion of the hearing, the board shall adopt
7365	7365	a budget by acting on the budget proposed by the district
7366	7366	administrator. The board may make any changes in the proposed
7367	7367	budget that the board judges to be in the interests of the
7368	7368	taxpayers.
7369	7369	(e) The budget is effective only after adoption by the
7370	7370	board. (Acts 68th Leg., R.S., Ch. 1055, Sec. 6.05.)
7371	7371	Sec. 1104.153. AMENDMENTS TO BUDGET. After the annual
7372	7372	budget is adopted, the budget may be amended on the board's
7373	7373	approval. (Acts 68th Leg., R.S., Ch. 1055, Sec. 6.06.)
7374	7374	Sec. 1104.154. RESTRICTION ON EXPENDITURES. Money may be
7375	7375	spent only for an expense included in the annual budget or an
7376	7376	amendment to the budget. (Acts 68th Leg., R.S., Ch. 1055, Sec.
7377	7377	6.07.)
7378	7378	Sec. 1104.155. FISCAL YEAR. (a) The district operates
7379	7379	according to a fiscal year established by the board.
7380	7380	(b) The fiscal year may not be changed:
7381	7381	(1) during a period that revenue bonds of the district
7382	7382	are outstanding; or
7383	7383	(2) more than once in a 24-month period. (Acts 68th
7384	7384	Leg., R.S., Ch. 1055, Sec. 6.01.)
7385	7385	Sec. 1104.156. ANNUAL AUDIT. The board annually shall have
7386	7386	an audit made of the district's financial condition. (Acts 68th
7387	7387	Leg., R.S., Ch. 1055, Sec. 6.02.)
7388	7388	Sec. 1104.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
7389	7389	RECORDS. The annual audit and other district records shall be open
7390	7390	to inspection during regular business hours at the district's
7391	7391	principal office. (Acts 68th Leg., R.S., Ch. 1055, Sec. 6.03.)
7392	7392	Sec. 1104.158. FINANCIAL REPORT. As soon as practicable
7393	7393	after the close of the fiscal year, the district administrator
7394	7394	shall prepare for the board:
7395	7395	(1) a sworn statement of the amount of district money;
7396	7396	and
7397	7397	(2) an account of the disbursements of that money.
7398	7398	(Acts 68th Leg., R.S., Ch. 1055, Sec. 6.08.)
7399	7399	Sec. 1104.159. DEPOSITORY. (a) The board shall select at
7400	7400	least one bank to serve as a depository for district money.
7401	7401	(b) District money, other than money invested as provided by
7402	7402	Section 1104.160(b) and money transmitted to a bank for payment of
7403	7403	bonds or obligations issued or assumed by the district, shall be
7404	7404	deposited as received with the depository bank and shall remain on
7405	7405	deposit. This subsection does not limit the power of the board to:
7406	7406	(1) place a part of district money on time deposit; or
7407	7407	(2) purchase certificates of deposit. (Acts 68th
7408	7408	Leg., R.S., Ch. 1055, Secs. 6.10(a), (b).)
7409	7409	Sec. 1104.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
7410	7410	Except as provided by Sections 1104.110, 1104.201, 1104.204, and
7411	7411	1104.205, the district may not incur a debt payable from district
7412	7412	revenue other than the revenue on hand or to be on hand in the
7413	7413	current and immediately following district fiscal years.
7414	7414	(b) The board may invest operating, depreciation, or
7415	7415	building reserves only in funds or securities specified by Chapter
7416	7416	2256, Government Code. (Acts 68th Leg., R.S., Ch. 1055, Sec. 6.09.)
7417	7417	[Sections 1104.161-1104.200 reserved for expansion]
7418	7418	SUBCHAPTER E. BONDS
7419	7419	Sec. 1104.201. GENERAL OBLIGATION BONDS. If authorized by
7420	7420	an election, the board may issue and sell general obligation bonds
7421	7421	in the name and on the faith and credit of the district to:
7422	7422	(1) purchase, construct, acquire, repair, or renovate
7423	7423	buildings or improvements; or
7424	7424	(2) equip buildings or improvements for hospital
7425	7425	purposes. (Acts 68th Leg., R.S., Ch. 1055, Sec. 7.01.)
7426	7426	Sec. 1104.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
7427	7427	the time general obligation bonds are issued by the district, the
7428	7428	board shall impose an ad valorem tax at a rate sufficient to create
7429	7429	an interest and sinking fund to pay the principal of and interest on
7430	7430	the bonds as the bonds mature.
7431	7431	(b) The tax required by this section together with any other
7432	7432	ad valorem tax the district imposes may not in any year exceed the
7433	7433	limit approved by the voters at the election authorizing the
7434	7434	imposition of the tax. (Acts 68th Leg., R.S., Ch. 1055, Sec. 7.02.)
7435	7435	Sec. 1104.203. GENERAL OBLIGATION BOND ELECTION. (a) The
7436	7436	district may issue general obligation bonds only if the bonds are
7437	7437	authorized by a majority of the district voters.
7438	7438	(b) The board may order a bond election.
7439	7439	(c) The order calling the election must specify:
7440	7440	(1) the nature and date of the election;
7441	7441	(2) the hours during which the polls will be open;
7442	7442	(3) the location of the polling places;
7443	7443	(4) the amount of the bonds to be authorized; and
7444	7444	(5) the maximum maturity of the bonds.
7445	7445	(d) Notice of a bond election shall be given as provided by
7446	7446	Section 1251.003, Government Code.
7447	7447	(e) The board shall declare the results of the election.
7448	7448	(Acts 68th Leg., R.S., Ch. 1055, Sec. 7.03.)
7449	7449	Sec. 1104.204. REVENUE BONDS. (a) The board may issue
7450	7450	revenue bonds to:
7451	7451	(1) purchase, construct, acquire, repair, equip, or
7452	7452	renovate buildings or improvements for hospital purposes; or
7453	7453	(2) acquire sites to be used for hospital purposes.
7454	7454	(b) The bonds must be payable from and secured by a pledge of
7455	7455	all or part of the revenue derived from the operation of the
7456	7456	district's hospital system.
7457	7457	(c) The bonds may be additionally secured by a mortgage or
7458	7458	deed of trust lien on all or part of district property.
7459	7459	(d) The bonds must be issued in the manner provided by
7460	7460	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
7461	7461	Health and Safety Code, for issuance of revenue bonds by a county
7462	7462	hospital authority. (Acts 68th Leg., R.S., Ch. 1055, Sec. 7.04.)
7463	7463	Sec. 1104.205. REFUNDING BONDS. (a) District refunding
7464	7464	bonds may be issued to refund outstanding indebtedness issued or
7465	7465	assumed by the district.
7466	7466	(b) A refunding bond may be:
7467	7467	(1) sold, with the proceeds of the refunding bond
7468	7468	applied to the payment of outstanding indebtedness; or
7469	7469	(2) exchanged wholly or partly for not less than a
7470	7470	similar principal amount of outstanding indebtedness. (Acts 68th
7471	7471	Leg., R.S., Ch. 1055, Secs. 7.05(a), (c) (part).)
7472	7472	Sec. 1104.206. MATURITY OF BONDS. District bonds must
7473	7473	mature not later than 50 years after the date of issuance. (Acts
7474	7474	68th Leg., R.S., Ch. 1055, Sec. 7.06 (part).)
7475	7475	Sec. 1104.207. EXECUTION OF BONDS. The board president
7476	7476	shall execute the district's bonds in the district's name, and the
7477	7477	board secretary shall countersign the bonds in the manner provided
7478	7478	by Chapter 618, Government Code. (Acts 68th Leg., R.S., Ch. 1055,
7479	7479	Sec. 7.07.)
7480	7480	Sec. 1104.208. BONDS EXEMPT FROM TAXATION. The following
7481	7481	are exempt from taxation by this state or a political subdivision of
7482	7482	this state:
7483	7483	(1) bonds issued by the district;
7484	7484	(2) any transaction relating to the bonds; and
7485	7485	(3) profits made in the sale of the bonds. (Acts 68th
7486	7486	Leg., R.S., Ch. 1055, Sec. 7.11 (part).)
7487	7487	[Sections 1104.209-1104.250 reserved for expansion]
7488	7488	SUBCHAPTER F. TAXES
7489	7489	Sec. 1104.251. IMPOSITION OF AD VALOREM TAX. (a) The board
7490	7490	shall impose a tax on all property in the district subject to
7491	7491	district taxation.
7492	7492	(b) The tax may be used to pay:
7493	7493	(1) the general obligation bonds issued and the
7494	7494	indebtedness assumed by the district; and
7495	7495	(2) district maintenance and operating expenses.
7496	7496	(c) The district may not impose a tax to pay the principal of
7497	7497	or interest on revenue bonds issued under this chapter. (Acts 68th
7498	7498	Leg., R.S., Ch. 1055, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
7499	7499	Sec. 1104.252. TAX RATE. (a) The board may impose the tax
7500	7500	at a rate not to exceed the limit approved by the voters at the
7501	7501	election authorizing the imposition of the tax.
7502	7502	(b) Unless the rate is increased as provided by Section
7503	7503	1104.253, the tax rate for all purposes may not exceed five cents on
7504	7504	each $100 valuation of all taxable property in the district.
7505	7505	(c) In setting the tax rate, the board shall consider the
7506	7506	income of the district from sources other than taxation. (Acts 68th
7507	7507	Leg., R.S., Ch. 1055, Secs. 8.01(a) (part), (b), 8.03 (part).)
7508	7508	Sec. 1104.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a)
7509	7509	The board may order an election to increase the district's maximum
7510	7510	tax rate to 12 cents on each $100 valuation of taxable property in
7511	7511	the district. The board shall order the election if the board
7512	7512	receives a petition requesting an election that is signed by at
7513	7513	least 50 registered voters in the district.
7514	7514	(b) The ballot for the election shall be printed to permit
7515	7515	voting for or against the proposition: "The imposition of annual
7516	7516	taxes by the district for hospital purposes at a rate not to exceed
7517	7517	12 cents on the $100 valuation of all taxable property in the
7518	7518	district."
7519	7519	(c) If the board finds that the election results favor the
7520	7520	proposition, the board may impose taxes as authorized by the
7521	7521	proposition. If the board finds that the election results do not
7522	7522	favor the proposition, another election on the question of
7523	7523	increasing the district's maximum tax rate may not be held before
7524	7524	the first anniversary of the date of the most recent election at
7525	7525	which voters disapproved the proposition.
7526	7526	(d) Section 41.001(a), Election Code, does not apply to an
7527	7527	election ordered under this section. (Acts 68th Leg., R.S., Ch.
7528	7528	1055, Secs. 8.01A(a), (b) (part), (c) (part), (d) (part).)
7529	7529	Sec. 1104.254. TAX ASSESSOR-COLLECTOR. The board may
7530	7530	provide for the appointment of a tax assessor-collector for the
7531	7531	district or may contract for the assessment and collection of taxes
7532	7532	as provided by the Tax Code. (Acts 68th Leg., R.S., Ch. 1055, Sec.
7533	7533	8.04(b).)
7534	7534	[Sections 1104.255-1104.300 reserved for expansion]
7535	7535	SUBCHAPTER G. DISSOLUTION
7536	7536	Sec. 1104.301. DISSOLUTION; ELECTION. (a) The district
7537	7537	may be dissolved only on approval of a majority of the district
7538	7538	voters voting in an election held for that purpose.
7539	7539	(b) A majority of the board may order that a dissolution
7540	7540	election be held.
7541	7541	(c) If the board receives a petition requesting an election
7542	7542	that is signed by at least 10 percent of the registered voters of
7543	7543	the district, according to the most recent official list of
7544	7544	registered voters, the board shall order an election to be held.
7545	7545	The election shall be called not later than the 60th day after the
7546	7546	date the petition is presented to the district.
7547	7547	(d) The order calling the election must state:
7548	7548	(1) the nature of the election, including the
7549	7549	proposition to appear on the ballot;
7550	7550	(2) the date of the election;
7551	7551	(3) the hours during which the polls will be open; and
7552	7552	(4) the location of the polling places.
7553	7553	(e) Section 41.001(a), Election Code, does not apply to an
7554	7554	election ordered under this section. (Acts 68th Leg., R.S., Ch.
7555	7555	1055, Secs. 9.01, 9.02, 9.03, 9.05(b).)
7556	7556	Sec. 1104.302. NOTICE OF ELECTION. (a) The board shall
7557	7557	give notice of an election under this subchapter by publishing once
7558	7558	a week for two consecutive weeks a substantial copy of the election
7559	7559	order in a newspaper with general circulation in the district.
7560	7560	(b) The first publication must appear at least 35 days
7561	7561	before the date set for the election. (Acts 68th Leg., R.S., Ch.
7562	7562	1055, Sec. 9.04.)
7563	7563	Sec. 1104.303. BALLOT. The ballot for an election under
7564	7564	this subchapter must be printed to permit voting for or against the
7565	7565	proposition: "The dissolution of the Teague Hospital District."
7566	7566	(Acts 68th Leg., R.S., Ch. 1055, Sec. 9.06.)
7567	7567	Sec. 1104.304. ELECTION RESULTS. (a) If the board finds
7568	7568	that the election results favor the proposition to dissolve the
7569	7569	district, the board shall:
7570	7570	(1) issue an order declaring the district be
7571	7571	dissolved; and
7572	7572	(2) specify in the order the date the dissolution
7573	7573	takes effect.
7574	7574	(b) If the board finds that the election results do not
7575	7575	favor the proposition to dissolve the district, another dissolution
7576	7576	election may not be held before the first anniversary of the date of
7577	7577	the election at which the voters disapproved the proposition.
7578	7578	(Acts 68th Leg., R.S., Ch. 1055, Secs. 9.07(b), (c).)
7579	7579	Sec. 1104.305. DIRECTORS IN OFFICE AFTER DISSOLUTION. The
7580	7580	directors in office on the date of the dissolution shall continue in
7581	7581	office, without further election, until:
7582	7582	(1) the affairs of the district are effectively
7583	7583	concluded; and
7584	7584	(2) all duties or acts required of the board are
7585	7585	completed. (Acts 68th Leg., R.S., Ch. 1055, Sec. 9.08(c).)
7586	7586	Sec. 1104.306. IMPOSITION OF TAX; TRANSFER OF DEBTS. After
7587	7587	issuing the dissolution order, the board shall determine the debt
7588	7588	owed by the district and shall:
7589	7589	(1) impose on property subject to taxation in the
7590	7590	district a tax in proportion of the debt to the property value and
7591	7591	use the tax revenue to pay the district's bonds or satisfy other
7592	7592	district debts; or
7593	7593	(2) transfer the district's debts to any governmental
7594	7594	entity assuming responsibility after dissolution of the district
7595	7595	for providing hospital care in the territory included in the
7596	7596	district. (Acts 68th Leg., R.S., Ch. 1055, Sec. 9.08(a).)
7597	7597	Sec. 1104.307. DISPOSITION OR TRANSFER OF ASSETS AND DEBTS.
7598	7598	(a) The board may not dispose of or transfer the district's assets
7599	7599	except for due compensation unless:
7600	7600	(1) the debts are transferred to another governmental
7601	7601	entity embracing the district; and
7602	7602	(2) the transferred assets are used for the benefit of
7603	7603	citizens formerly in the district.
7604	7604	(b) If the board transfers the district's debts to another
7605	7605	governmental entity, the board shall also transfer to that
7606	7606	governmental entity:
7607	7607	(1) title to land, buildings, improvements, and
7608	7608	equipment related to the hospital system owned by the district; and
7609	7609	(2) operating money and reserves for operating
7610	7610	expenses and money budgeted by the district to provide medical care
7611	7611	for district residents for the remainder of the fiscal year in which
7612	7612	the district is dissolved. (Acts 68th Leg., R.S., Ch. 1055, Secs.
7613	7613	9.08(b), (d) (part).)
7614	7614	Sec. 1104.308. SPENDING RESTRICTIONS. After the effective
7615	7615	date of the district's dissolution, the board may not spend any
7616	7616	money except as authorized together with all reasonable dissolution
7617	7617	expenses and the district's legal debts incurred before that date.
7618	7618	(Acts 68th Leg., R.S., Ch. 1055, Sec. 9.08(d) (part).)
7619	7619	Sec. 1104.309. REPORT; DISSOLUTION ORDER. (a) After the
7620	7620	district has paid all district debts and has disposed of all
7621	7621	district money and other assets as prescribed by this subchapter,
7622	7622	the board shall file a written report with the Commissioners Court
7623	7623	of Freestone County summarizing the board's actions in dissolving
7624	7624	the district. The report must include a summary of the district's
7625	7625	debts.
7626	7626	(b) Not later than the 10th day after the date the
7627	7627	Commissioners Court of Freestone County receives the report, the
7628	7628	commissioners court shall:
7629	7629	(1) determine whether the board has fulfilled the
7630	7630	requirements of this subchapter; and
7631	7631	(2) if the commissioners court determines the board
7632	7632	has fulfilled its duties, enter an order to that effect.
7633	7633	(c) On entry of an order under Subsection (b)(2), the
7634	7634	directors are discharged from liability under their bonds. (Acts
7635	7635	68th Leg., R.S., Ch. 1055, Sec. 9.08(e).)
7636	7636	CHAPTER 1105. TERRY MEMORIAL HOSPITAL DISTRICT
7637	7637	SUBCHAPTER A. GENERAL PROVISIONS
7638	7638	Sec. 1105.001. DEFINITIONS
7639	7639	Sec. 1105.002. AUTHORITY FOR CREATION
7640	7640	Sec. 1105.003. ESSENTIAL PUBLIC FUNCTION
7641	7641	Sec. 1105.004. DISTRICT TERRITORY
7642	7642	Sec. 1105.005. DISTRICT SUPPORT AND MAINTENANCE NOT
7643	7643	STATE OBLIGATION
7644	7644	Sec. 1105.006. RESTRICTION ON STATE FINANCIAL
7645	7645	ASSISTANCE
7646	7646	[Sections 1105.007-1105.050 reserved for expansion]
7647	7647	SUBCHAPTER B. DISTRICT ADMINISTRATION
7648	7648	Sec. 1105.051. BOARD ELECTION; TERM
7649	7649	Sec. 1105.052. NOTICE OF ELECTION
7650	7650	Sec. 1105.053. BALLOT PETITION
7651	7651	Sec. 1105.054. QUALIFICATIONS FOR OFFICE
7652	7652	Sec. 1105.055. FILING OF OATH
7653	7653	Sec. 1105.056. BOARD VACANCY
7654	7654	Sec. 1105.057. OFFICERS
7655	7655	Sec. 1105.058. COMPENSATION
7656	7656	Sec. 1105.059. VOTING REQUIREMENT
7657	7657	Sec. 1105.060. DISTRICT ADMINISTRATOR; ASSISTANT
7658	7658	ADMINISTRATOR
7659	7659	Sec. 1105.061. GENERAL DUTIES OF DISTRICT
7660	7660	ADMINISTRATOR
7661	7661	Sec. 1105.062. EMPLOYEES
7662	7662	Sec. 1105.063. RECRUITMENT OF MEDICAL STAFF
7663	7663	Sec. 1105.064. CONTINUING EDUCATION; RETRAINING
7664	7664	Sec. 1105.065. RETIREMENT PROGRAM
7665	7665	Sec. 1105.066. MAINTENANCE OF RECORDS; PUBLIC
7666	7666	INSPECTION
7667	7667	[Sections 1105.067-1105.100 reserved for expansion]
7668	7668	SUBCHAPTER C. POWERS AND DUTIES
7669	7669	Sec. 1105.101. DISTRICT RESPONSIBILITY
7670	7670	Sec. 1105.102. RESTRICTION ON COUNTY OR MUNICIPAL
7671	7671	TAXATION AND DEBT
7672	7672	Sec. 1105.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
7673	7673	Sec. 1105.104. HOSPITAL SYSTEM
7674	7674	Sec. 1105.105. RULES
7675	7675	Sec. 1105.106. PURCHASING AND ACCOUNTING PROCEDURES
7676	7676	Sec. 1105.107. RATES AND CHARGES
7677	7677	Sec. 1105.108. EMINENT DOMAIN
7678	7678	Sec. 1105.109. GIFTS AND ENDOWMENTS
7679	7679	Sec. 1105.110. CONTRACTS WITH GOVERNMENTAL ENTITIES
7680	7680	FOR CARE AND TREATMENT
7681	7681	Sec. 1105.111. DISPOSITION OF REAL PROPERTY
7682	7682	Sec. 1105.112. PROVISION OF CERTAIN HEALTH CARE
7683	7683	SERVICES
7684	7684	Sec. 1105.113. PAYMENT FOR TREATMENT; PROCEDURES
7685	7685	Sec. 1105.114. AUTHORITY TO SUE AND BE SUED
7686	7686	[Sections 1105.115-1105.150 reserved for expansion]
7687	7687	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7688	7688	Sec. 1105.151. BUDGET
7689	7689	Sec. 1105.152. FISCAL YEAR
7690	7690	Sec. 1105.153. AUDIT
7691	7691	Sec. 1105.154. FINANCIAL REPORT
7692	7692	Sec. 1105.155. DEPOSITORY
7693	7693	Sec. 1105.156. AUTHORITY TO BORROW MONEY; SECURITY
7694	7694	[Sections 1105.157-1105.200 reserved for expansion]
7695	7695	SUBCHAPTER E. BONDS
7696	7696	Sec. 1105.201. GENERAL OBLIGATION BONDS
7697	7697	Sec. 1105.202. TAX TO PAY GENERAL OBLIGATION BONDS
7698	7698	Sec. 1105.203. GENERAL OBLIGATION BOND ELECTION
7699	7699	Sec. 1105.204. EXECUTION OF GENERAL OBLIGATION BONDS
7700	7700	Sec. 1105.205. REFUNDING BONDS
7701	7701	Sec. 1105.206. BONDS EXEMPT FROM TAXATION
7702	7702	[Sections 1105.207-1105.250 reserved for expansion]
7703	7703	SUBCHAPTER F. TAXES
7704	7704	Sec. 1105.251. IMPOSITION OF AD VALOREM TAX
7705	7705	Sec. 1105.252. TAX RATE
7706	7706	Sec. 1105.253. TAX ASSESSOR-COLLECTOR
7707	7707	CHAPTER 1105. TERRY MEMORIAL HOSPITAL DISTRICT
7708	7708	SUBCHAPTER A. GENERAL PROVISIONS
7709	7709	Sec. 1105.001. DEFINITIONS. In this chapter:
7710	7710	(1) "Board" means the board of directors of the
7711	7711	district.
7712	7712	(2) "Director" means a member of the board.
7713	7713	(3) "District" means the Terry Memorial Hospital
7714	7714	District. (New.)
7715	7715	Sec. 1105.002. AUTHORITY FOR CREATION. The Terry Memorial
7716	7716	Hospital District is created under the authority of Section 9,
7717	7717	Article IX, Texas Constitution, and has the rights, powers, and
7718	7718	duties provided by this chapter. (Acts 59th Leg., R.S., Ch. 653,
7719	7719	Sec. 1 (part).)
7720	7720	Sec. 1105.003. ESSENTIAL PUBLIC FUNCTION. The district
7721	7721	performs an essential public function in carrying out the purposes
7722	7722	of this chapter. (Acts 59th Leg., R.S., Ch. 653, Sec. 8 (part).)
7723	7723	Sec. 1105.004. DISTRICT TERRITORY. The boundaries of the
7724	7724	district are coextensive with the boundaries of Terry County,
7725	7725	Texas. (Acts 59th Leg., R.S., Ch. 653, Sec. 1 (part).)
7726	7726	Sec. 1105.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
7727	7727	OBLIGATION. The support and maintenance of the district may not
7728	7728	become a charge against or obligation of this state. (Acts 59th
7729	7729	Leg., R.S., Ch. 653, Sec. 18 (part).)
7730	7730	Sec. 1105.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
7731	7731	The legislature may not make a direct appropriation for the
7732	7732	construction, maintenance, or improvement of a district facility.
7733	7733	(Acts 59th Leg., R.S., Ch. 653, Sec. 18 (part).)
7734	7734	[Sections 1105.007-1105.050 reserved for expansion]
7735	7735	SUBCHAPTER B. DISTRICT ADMINISTRATION
7736	7736	Sec. 1105.051. BOARD ELECTION; TERM. (a) The district is
7737	7737	governed by a board of seven directors elected from the district at
7738	7738	large.
7739	7739	(b) Unless four-year terms are established under Section
7740	7740	285.081, Health and Safety Code:
7741	7741	(1) directors serve staggered two-year terms with the
7742	7742	terms of three or four directors expiring each year as appropriate;
7743	7743	and
7744	7744	(2) a directors' election shall be held annually on the
7745	7745	May uniform election date. (Acts 59th Leg., R.S., Ch. 653, Sec. 4
7746	7746	(part).)
7747	7747	Sec. 1105.052. NOTICE OF ELECTION. At least 10 days before
7748	7748	the date of a directors' election, notice of the election must be
7749	7749	published one time in a newspaper of general circulation in Terry
7750	7750	County. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).)
7751	7751	Sec. 1105.053. BALLOT PETITION. A person who wants to have
7752	7752	the person's name printed on the ballot as a candidate for director
7753	7753	must file a petition requesting that action. The petition must be:
7754	7754	(1) signed by not fewer than 10 registered voters; and
7755	7755	(2) filed by the deadline imposed by Section 144.005,
7756	7756	Election Code. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).)
7757	7757	Sec. 1105.054. QUALIFICATIONS FOR OFFICE. A person must at
7758	7758	the time of election or appointment as director be:
7759	7759	(1) registered to vote in the district; and
7760	7760	(2) at least 18 years of age. (Acts 59th Leg., R.S.,
7761	7761	Ch. 653, Sec. 4 (part).)
7762	7762	Sec. 1105.055. FILING OF OATH. The constitutional oath of
7763	7763	office executed by a director must be filed in the district's
7764	7764	office. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).)
7765	7765	Sec. 1105.056. BOARD VACANCY. (a) If a vacancy occurs in
7766	7766	the office of director, the remaining directors shall appoint a
7767	7767	director for the unexpired term.
7768	7768	(b) If the number of directors is reduced to fewer than four
7769	7769	for any reason, the remaining directors shall immediately call a
7770	7770	special election to fill the vacancies. If the remaining directors
7771	7771	do not call the election, the county judge of Terry County may fill
7772	7772	the vacancies by appointment. (Acts 59th Leg., R.S., Ch. 653, Sec.
7773	7773	4 (part).)
7774	7774	Sec. 1105.057. OFFICERS. The board shall elect from among
7775	7775	its members a president, a vice president, and a secretary. (Acts
7776	7776	59th Leg., R.S., Ch. 653, Sec. 4 (part).)
7777	7777	Sec. 1105.058. COMPENSATION. A director is entitled to
7778	7778	compensation at a rate determined by the board. The rate may not
7779	7779	exceed $10 for each board meeting. (Acts 59th Leg., R.S., Ch. 653,
7780	7780	Sec. 4 (part).)
7781	7781	Sec. 1105.059. VOTING REQUIREMENT. A concurrence of four
7782	7782	directors is sufficient in any matter relating to district
7783	7783	business. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).)
7784	7784	Sec. 1105.060. DISTRICT ADMINISTRATOR; ASSISTANT
7785	7785	ADMINISTRATOR. (a) The board shall appoint a qualified person as
7786	7786	district administrator.
7787	7787	(b) The board may appoint an assistant administrator.
7788	7788	(c) The district administrator and any assistant
7789	7789	administrator serve at the will of the board and receive the
7790	7790	compensation determined by the board.
7791	7791	(d) On assuming the duties of district administrator, the
7792	7792	administrator shall execute a bond payable to the district in an
7793	7793	amount set by the board of not less than $10,000 that:
7794	7794	(1) is conditioned on the administrator performing the
7795	7795	administrator's duties; and
7796	7796	(2) contains any other condition the board requires.
7797	7797	(Acts 59th Leg., R.S., Ch. 653, Sec. 5 (part).)
7798	7798	Sec. 1105.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
7799	7799	Subject to any limitations prescribed by the board, the district
7800	7800	administrator shall:
7801	7801	(1) supervise the work and activities of the district;
7802	7802	and
7803	7803	(2) direct the affairs of the district. (Acts 59th
7804	7804	Leg., R.S., Ch. 653, Sec. 5 (part).)
7805	7805	Sec. 1105.062. EMPLOYEES. The board may employ any nurses,
7806	7806	technicians, and other lay personnel considered necessary for the
7807	7807	efficient operation of the district or may provide that the
7808	7808	district administrator has the authority to employ those persons.
7809	7809	(Acts 59th Leg., R.S., Ch. 653, Sec. 5 (part).)
7810	7810	Sec. 1105.063. RECRUITMENT OF MEDICAL STAFF. (a) The board
7811	7811	may spend district money to recruit physicians, nurses, or other
7812	7812	trained medical personnel.
7813	7813	(b) The board may:
7814	7814	(1) contract with a full-time medical or nursing
7815	7815	student who is enrolled and in good standing in an accredited
7816	7816	school, college, or university; and
7817	7817	(2) agree to pay the student's tuition or other costs
7818	7818	or expenses if the student agrees to serve in the district on terms
7819	7819	prescribed by the contract. (Acts 59th Leg., R.S., Ch. 653, Secs.
7820	7820	5B(a), (b).)
7821	7821	Sec. 1105.064. CONTINUING EDUCATION; RETRAINING. The board
7822	7822	may spend district money for continuing education and retraining of
7823	7823	employees. (Acts 59th Leg., R.S., Ch. 653, Sec. 5B(c).)
7824	7824	Sec. 1105.065. RETIREMENT PROGRAM. The board may enter
7825	7825	into any contract or agreement with this state or the federal
7826	7826	government that is required to establish or continue a retirement
7827	7827	program for the benefit of the district's employees. (Acts 59th
7828	7828	Leg., R.S., Ch. 653, Sec. 5 (part).)
7829	7829	Sec. 1105.066. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
7830	7830	(a) The board shall:
7831	7831	(1) keep an accurate account of all board meetings and
7832	7832	proceedings; and
7833	7833	(2) maintain at the district's principal office all
7834	7834	district records and accounts, including all contracts, notices,
7835	7835	duplicate vouchers, and duplicate receipts.
7836	7836	(b) The information described by Subsection (a) shall be
7837	7837	open to public inspection at the district's principal office at all
7838	7838	reasonable times. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).)
7839	7839	[Sections 1105.067-1105.100 reserved for expansion]
7840	7840	SUBCHAPTER C. POWERS AND DUTIES
7841	7841	Sec. 1105.101. DISTRICT RESPONSIBILITY. The district has
7842	7842	full responsibility for:
7843	7843	(1) operating all hospital facilities for providing
7844	7844	medical and hospital care of indigent persons; and
7845	7845	(2) providing medical and hospital care for the
7846	7846	district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 653,
7847	7847	Secs. 2 (part), 17 (part).)
7848	7848	Sec. 1105.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION
7849	7849	AND DEBT. Terry County or a municipality in Terry County may not
7850	7850	impose a tax or issue bonds or other obligations for hospital
7851	7851	purposes or for medical care. (Acts 59th Leg., R.S., Ch. 653, Sec.
7852	7852	17 (part).)
7853	7853	Sec. 1105.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
7854	7854	The board shall manage, control, and administer the district's
7855	7855	hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 653, Sec.
7856	7856	5 (part).)
7857	7857	Sec. 1105.104. HOSPITAL SYSTEM. The district shall provide
7858	7858	for:
7859	7859	(1) the establishment of a hospital system by:
7860	7860	(A) purchasing, constructing, acquiring,
7861	7861	repairing, or renovating buildings and equipment; and
7862	7862	(B) equipping the buildings; and
7863	7863	(2) the administration of the hospital system for
7864	7864	hospital purposes. (Acts 59th Leg., R.S., Ch. 653, Sec. 2 (part).)
7865	7865	Sec. 1105.105. RULES. The board may adopt rules for the
7866	7866	operation of the district and as required to administer this
7867	7867	chapter. (Acts 59th Leg., R.S., Ch. 653, Secs. 5 (part), 9 (part).)
7868	7868	Sec. 1105.106. PURCHASING AND ACCOUNTING PROCEDURES. The
7869	7869	board may prescribe:
7870	7870	(1) the method and manner of making purchases and
7871	7871	expenditures by and for the district; and
7872	7872	(2) all accounting and control procedures. (Acts 59th
7873	7873	Leg., R.S., Ch. 653, Sec. 9 (part).)
7874	7874	Sec. 1105.107. RATES AND CHARGES. The board shall
7875	7875	establish the rates and charges for:
7876	7876	(1) services;
7877	7877	(2) supplies; and
7878	7878	(3) the use of district facilities. (Acts 59th Leg.,
7879	7879	R.S., Ch. 653, Sec. 14 (part).)
7880	7880	Sec. 1105.108. EMINENT DOMAIN. (a) The district may
7881	7881	exercise the power of eminent domain to acquire a fee simple or
7882	7882	other interest in any type of property located in district
7883	7883	territory if the interest is necessary or convenient to a power,
7884	7884	right, or privilege conferred by this chapter.
7885	7885	(b) The district must exercise the power of eminent domain
7886	7886	in the manner provided by Chapter 21, Property Code. (Acts 59th
7887	7887	Leg., R.S., Ch. 653, Sec. 12.)
7888	7888	Sec. 1105.109. GIFTS AND ENDOWMENTS. The board may accept
7889	7889	for the district a gift or endowment to be held in trust and
7890	7890	administered by the board for the purposes and under the
7891	7891	directions, limitations, or other provisions prescribed in writing
7892	7892	by the donor that are not inconsistent with the proper management
7893	7893	and objectives of the district. (Acts 59th Leg., R.S., Ch. 653,
7894	7894	Sec. 15.)
7895	7895	Sec. 1105.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
7896	7896	CARE AND TREATMENT. (a) The board may contract with a county or
7897	7897	municipality located outside Terry County for the care and
7898	7898	treatment of a sick or injured person of that county or
7899	7899	municipality.
7900	7900	(b) The board may contract with this state or a federal
7901	7901	agency for the treatment of a sick or injured person for whom this
7902	7902	state or the federal government is responsible. (Acts 59th Leg.,
7903	7903	R.S., Ch. 653, Sec. 5 (part).)
7904	7904	Sec. 1105.111. DISPOSITION OF REAL PROPERTY. The district
7905	7905	may sell or otherwise dispose of real property on terms the board
7906	7906	finds are in the best interest of the district. (Acts 59th Leg.,
7907	7907	R.S., Ch. 653, Sec. 5A.)
7908	7908	Sec. 1105.112. PROVISION OF CERTAIN HEALTH CARE SERVICES.
7909	7909	The district may provide any appropriate health care services the
7910	7910	board determines are necessary to meet the needs of the district,
7911	7911	including:
7912	7912	(1) emergency medical services;
7913	7913	(2) home health care services;
7914	7914	(3) long-term care services;
7915	7915	(4) rehabilitation services; and
7916	7916	(5) fitness services. (Acts 59th Leg., R.S., Ch. 653,
7917	7917	Sec. 2A.)
7918	7918	Sec. 1105.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
7919	7919	When an indigent patient is admitted to a district facility, the
7920	7920	district administrator shall have an inquiry made into the
7921	7921	circumstances of:
7922	7922	(1) the patient; and
7923	7923	(2) the patient's relatives legally liable for the
7924	7924	patient's support.
7925	7925	(b) If the district administrator determines that the
7926	7926	patient or those relatives cannot pay for all or part of the
7927	7927	patient's care and treatment in the hospital, the amount that
7928	7928	cannot be paid becomes a charge against the district.
7929	7929	(c) If the district administrator determines that the
7930	7930	patient or those relatives can pay for all or part of the patient's
7931	7931	care and treatment, the patient or those relatives shall be ordered
7932	7932	to pay the district a specified amount each week for the patient's
7933	7933	support. The amount ordered must be proportionate to their
7934	7934	financial ability and may not exceed the actual per capita cost of
7935	7935	maintenance.
7936	7936	(d) The district administrator may collect the amount from
7937	7937	the patient's estate, or from those relatives, in the manner
7938	7938	provided by law for the collection of expenses of the last illness
7939	7939	of a deceased person.
7940	7940	(e) If there is a dispute as to the ability to pay, or doubt
7941	7941	in the mind of the district administrator, the board shall hold a
7942	7942	hearing and, after calling witnesses, shall:
7943	7943	(1) resolve the dispute or doubt; and
7944	7944	(2) issue any appropriate order.
7945	7945	(f) A party to the dispute who is not satisfied with the
7946	7946	order may appeal to the district court. The appeal shall be by
7947	7947	trial de novo as that term is used in an appeal from a justice court
7948	7948	to the county court. (Acts 59th Leg., R.S., Ch. 653, Sec. 14
7949	7949	(part).)
7950	7950	Sec. 1105.114. AUTHORITY TO SUE AND BE SUED. The district,
7951	7951	through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch.
7952	7952	653, Sec. 5 (part).)
7953	7953	[Sections 1105.115-1105.150 reserved for expansion]
7954	7954	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7955	7955	Sec. 1105.151. BUDGET. (a) The district administrator
7956	7956	shall prepare for approval by the board an annual budget that
7957	7957	corresponds to the district's fiscal year.
7958	7958	(b) Not later than August 31 of each year, the board shall
7959	7959	publish notice of a public hearing on the proposed budget. The
7960	7960	notice must be published in a newspaper of general circulation in
7961	7961	Terry County at least 10 days before the date of the hearing. (Acts
7962	7962	59th Leg., R.S., Ch. 653, Secs. 6 (part), 16.)
7963	7963	Sec. 1105.152. FISCAL YEAR. The district shall operate on a
7964	7964	fiscal year that begins on October 1 and ends on September 30.
7965	7965	(Acts 59th Leg., R.S., Ch. 653, Sec. 6 (part).)
7966	7966	Sec. 1105.153. AUDIT. (a) The district shall have an audit
7967	7967	made of the district's financial condition.
7968	7968	(b) The audit shall be open to inspection at all times at the
7969	7969	district's principal office. (Acts 59th Leg., R.S., Ch. 653, Sec. 6
7970	7970	(part).)
7971	7971	Sec. 1105.154. FINANCIAL REPORT. As soon as practicable
7972	7972	after the close of each fiscal year, the district administrator
7973	7973	shall prepare for the board:
7974	7974	(1) a complete sworn statement of all district money;
7975	7975	and
7976	7976	(2) a complete account of the disbursements of that
7977	7977	money. (Acts 59th Leg., R.S., Ch. 653, Sec. 6 (part).)
7978	7978	Sec. 1105.155. DEPOSITORY. (a) The board shall designate
7979	7979	one or more banks in Terry County to serve as a depository for
7980	7980	district money.
7981	7981	(b) All district money shall be immediately deposited on
7982	7982	receipt with a depository bank, except that sufficient money must
7983	7983	be remitted to an appropriate bank to pay the principal of and
7984	7984	interest on the district's outstanding bonds, or other obligations
7985	7985	assumed by the district, on or before the maturity date of the
7986	7986	principal and interest.
7987	7987	(c) To the extent that money in a depository bank is not
7988	7988	insured by the Federal Deposit Insurance Corporation, the money
7989	7989	must be secured in the manner provided by law for the security of
7990	7990	county funds.
7991	7991	(d) Membership on the district's board of an officer or
7992	7992	director of a bank does not disqualify the bank from being
7993	7993	designated as depository. (Acts 59th Leg., R.S., Ch. 653, Sec. 10.)
7994	7994	Sec. 1105.156. AUTHORITY TO BORROW MONEY; SECURITY. (a)
7995	7995	The board may borrow money at a rate not to exceed the maximum
7996	7996	annual percentage rate allowed by law for district obligations at
7997	7997	the time the loan is made if the board declares that:
7998	7998	(1) money is not available to meet authorized
7999	7999	obligations of the district; and
8000	8000	(2) an emergency exists.
8001	8001	(b) To secure a loan, the board may pledge:
8002	8002	(1) district revenue that is not pledged to pay the
8003	8003	district's bonded indebtedness;
8004	8004	(2) a district tax to be imposed by the district in the
8005	8005	next 12-month period that is not pledged to pay the principal of or
8006	8006	interest on district bonds; or
8007	8007	(3) a district bond that has been authorized but not
8008	8008	sold.
8009	8009	(c) A loan for which taxes or bonds are pledged must mature
8010	8010	not later than the first anniversary of the date the loan is made. A
8011	8011	loan for which district revenue is pledged must mature not later
8012	8012	than the fifth anniversary of the date the loan is made.
8013	8013	(d) The board may not spend money obtained from a loan under
8014	8014	this section for any purpose other than:
8015	8015	(1) the purpose for which the board declared an
8016	8016	emergency; and
8017	8017	(2) if district taxes or bonds are pledged to pay the
8018	8018	loan, the purposes for which the taxes were imposed or the bonds
8019	8019	were authorized. (Acts 59th Leg., R.S., Ch. 653, Sec. 8A.)
8020	8020	[Sections 1105.157-1105.200 reserved for expansion]
8021	8021	SUBCHAPTER E. BONDS
8022	8022	Sec. 1105.201. GENERAL OBLIGATION BONDS. The board may
8023	8023	issue and sell general obligation bonds in the name and on the faith
8024	8024	and credit of the district for any purpose related to the purchase,
8025	8025	construction, acquisition, repair, or renovation of buildings or
8026	8026	improvements, and equipping buildings or improvements for a
8027	8027	hospital and the hospital system, as determined by the board. (Acts
8028	8028	59th Leg., R.S., Ch. 653, Sec. 7 (part).)
8029	8029	Sec. 1105.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
8030	8030	the time general obligation bonds are issued by the district, the
8031	8031	board shall impose an ad valorem tax at a rate sufficient to create
8032	8032	an interest and sinking fund and to pay the principal of and
8033	8033	interest on the bonds as the bonds mature.
8034	8034	(b) The tax required by this section together with any other
8035	8035	ad valorem tax imposed for the district may not in any year exceed
8036	8036	75 cents on each $100 valuation of taxable property. (Acts 59th
8037	8037	Leg., R.S., Ch. 653, Sec. 7 (part).)
8038	8038	Sec. 1105.203. GENERAL OBLIGATION BOND ELECTION. (a) The
8039	8039	district may issue general obligation bonds only if the bonds are
8040	8040	authorized by a majority of the district voters voting at an
8041	8041	election held for that purpose.
8042	8042	(b) The board shall call the election. The election must be
8043	8043	held in accordance with Chapter 1251, Government Code.
8044	8044	(c) The bond election order must specify:
8045	8045	(1) the date of the election;
8046	8046	(2) the location of the polling places;
8047	8047	(3) the presiding election officers;
8048	8048	(4) the amount of the bonds to be authorized;
8049	8049	(5) the maximum maturity of the bonds; and
8050	8050	(6) the maximum interest rate of the bonds. (Acts 59th
8051	8051	Leg., R.S., Ch. 653, Sec. 7 (part).)
8052	8052	Sec. 1105.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
8053	8053	board president shall execute the general obligation bonds in the
8054	8054	district's name and the board secretary shall attest the bonds as
8055	8055	provided by Chapter 618, Government Code. (Acts 59th Leg., R.S.,
8056	8056	Ch. 653, Sec. 7 (part).)
8057	8057	Sec. 1105.205. REFUNDING BONDS. (a) District bonds may be
8058	8058	issued without an election to refund any bonds issued or assumed by
8059	8059	the district.
8060	8060	(b) A refunding bond may be:
8061	8061	(1) sold, with the proceeds of the refunding bond
8062	8062	applied to the payment of outstanding bonds; or
8063	8063	(2) exchanged wholly or partly for not less than a
8064	8064	similar principal amount of the outstanding bonds. (Acts 59th
8065	8065	Leg., R.S., Ch. 653, Sec. 7 (part).)
8066	8066	Sec. 1105.206. BONDS EXEMPT FROM TAXATION. The following
8067	8067	are exempt from taxation by this state or a political subdivision of
8068	8068	this state:
8069	8069	(1) any bonds issued by the district;
8070	8070	(2) the transfer of the bonds; and
8071	8071	(3) bond revenue, including any profits made in the
8072	8072	sale of the bonds. (Acts 59th Leg., R.S., Ch. 653, Sec. 8 (part).)
8073	8073	[Sections 1105.207-1105.250 reserved for expansion]
8074	8074	SUBCHAPTER F. TAXES
8075	8075	Sec. 1105.251. IMPOSITION OF AD VALOREM TAX. (a) The
8076	8076	district may impose a tax on all taxable property in the district
8077	8077	subject to district taxation.
8078	8078	(b) The tax may be used to meet the requirements of:
8079	8079	(1) district bonds;
8080	8080	(2) indebtedness assumed by the district; and
8081	8081	(3) district maintenance and operating expenses.
8082	8082	(Acts 59th Leg., R.S., Ch. 653, Secs. 3 (part), 13 (part).)
8083	8083	Sec. 1105.252. TAX RATE. The district may impose the tax at
8084	8084	a rate not to exceed 75 cents on each $100 valuation of taxable
8085	8085	property in the district. (Acts 59th Leg., R.S., Ch. 653, Sec. 3
8086	8086	(part).)
8087	8087	Sec. 1105.253. TAX ASSESSOR-COLLECTOR. The tax
8088	8088	assessor-collector of Terry County shall assess and collect taxes
8089	8089	imposed by the district. (Acts 59th Leg., R.S., Ch. 653, Sec. 13
8090	8090	(part).)
8091	8091	CHAPTER 1106. TEXHOMA MEMORIAL HOSPITAL DISTRICT
8092	8092	SUBCHAPTER A. GENERAL PROVISIONS
8093	8093	Sec. 1106.001. DEFINITIONS
8094	8094	Sec. 1106.002. AUTHORITY FOR OPERATION
8095	8095	Sec. 1106.003. POLITICAL SUBDIVISION
8096	8096	Sec. 1106.004. DISTRICT TERRITORY
8097	8097	[Sections 1106.005-1106.050 reserved for expansion]
8098	8098	SUBCHAPTER B. DISTRICT ADMINISTRATION
8099	8099	Sec. 1106.051. BOARD; TERM
8100	8100	Sec. 1106.052. NOTICE OF ELECTION
8101	8101	Sec. 1106.053. BALLOT PETITION
8102	8102	Sec. 1106.054. QUALIFICATIONS FOR OFFICE
8103	8103	Sec. 1106.055. BOND NOT REQUIRED
8104	8104	Sec. 1106.056. BOARD VACANCY
8105	8105	Sec. 1106.057. OFFICERS
8106	8106	Sec. 1106.058. COMPENSATION; EXPENSES
8107	8107	Sec. 1106.059. VOTING REQUIREMENT
8108	8108	Sec. 1106.060. EMPLOYEES
8109	8109	Sec. 1106.061. MAINTENANCE OF RECORDS; PUBLIC
8110	8110	INSPECTION
8111	8111	Sec. 1106.062. SEAL
8112	8112	[Sections 1106.063-1106.100 reserved for expansion]
8113	8113	SUBCHAPTER C. POWERS AND DUTIES
8114	8114	Sec. 1106.101. DISTRICT RESPONSIBILITY
8115	8115	Sec. 1106.102. RESTRICTION ON POLITICAL SUBDIVISION
8116	8116	TAXATION
8117	8117	Sec. 1106.103. MANAGEMENT AND CONTROL OF DISTRICT
8118	8118	Sec. 1106.104. HOSPITAL SYSTEM
8119	8119	Sec. 1106.105. RULES
8120	8120	Sec. 1106.106. PURCHASING AND ACCOUNTING PROCEDURES
8121	8121	Sec. 1106.107. EMINENT DOMAIN
8122	8122	Sec. 1106.108. GIFTS AND ENDOWMENTS
8123	8123	Sec. 1106.109. CONTRACTS WITH POLITICAL SUBDIVISIONS
8124	8124	FOR HOSPITAL AND MEDICAL CARE
8125	8125	Sec. 1106.110. PAYMENT FOR TREATMENT; PROCEDURES
8126	8126	Sec. 1106.111. AUTHORITY TO SUE AND BE SUED
8127	8127	[Sections 1106.112-1106.150 reserved for expansion]
8128	8128	SUBCHAPTER D. FINANCIAL PROVISIONS
8129	8129	Sec. 1106.151. BUDGET
8130	8130	Sec. 1106.152. PROPOSED BUDGET: NOTICE AND HEARING
8131	8131	Sec. 1106.153. FISCAL YEAR
8132	8132	Sec. 1106.154. ANNUAL AUDIT
8133	8133	Sec. 1106.155. DEPOSITORY OR TREASURER
8134	8134	[Sections 1106.156-1106.200 reserved for expansion]
8135	8135	SUBCHAPTER E. BONDS
8136	8136	Sec. 1106.201. GENERAL OBLIGATION BONDS
8137	8137	Sec. 1106.202. TAX TO PAY GENERAL OBLIGATION BONDS
8138	8138	Sec. 1106.203. GENERAL OBLIGATION BOND ELECTION
8139	8139	Sec. 1106.204. MATURITY OF GENERAL OBLIGATION BONDS
8140	8140	Sec. 1106.205. EXECUTION OF GENERAL OBLIGATION BONDS
8141	8141	[Sections 1106.206-1106.250 reserved for expansion]
8142	8142	SUBCHAPTER F. TAXES
8143	8143	Sec. 1106.251. IMPOSITION OF AD VALOREM TAX
8144	8144	Sec. 1106.252. TAX RATE
8145	8145	CHAPTER 1106. TEXHOMA MEMORIAL HOSPITAL DISTRICT
8146	8146	SUBCHAPTER A. GENERAL PROVISIONS
8147	8147	Sec. 1106.001. DEFINITIONS. In this chapter:
8148	8148	(1) "Board" means the board of directors of the
8149	8149	district.
8150	8150	(2) "Director" means a member of the board.
8151	8151	(3) "District" means the Texhoma Memorial Hospital
8152	8152	District. (New.)
8153	8153	Sec. 1106.002. AUTHORITY FOR OPERATION. The Texhoma
8154	8154	Memorial Hospital District operates in accordance with Section 9,
8155	8155	Article IX, Texas Constitution. (Acts 60th Leg., R.S., Ch. 422,
8156	8156	Sec. 1(a) (part).)
8157	8157	Sec. 1106.003. POLITICAL SUBDIVISION. The district is a
8158	8158	political subdivision of this state. (Acts 60th Leg., R.S., Ch.
8159	8159	422, Sec. 16 (part).)
8160	8160	Sec. 1106.004. DISTRICT TERRITORY. The boundaries of the
8161	8161	district are coextensive with the boundaries of the Texhoma
8162	8162	Independent School District in Sherman County, as those boundaries
8163	8163	existed as of January 1, 1967. (Acts 60th Leg., R.S., Ch. 422, Sec.
8164	8164	1(a) (part).)
8165	8165	[Sections 1106.005-1106.050 reserved for expansion]
8166	8166	SUBCHAPTER B. DISTRICT ADMINISTRATION
8167	8167	Sec. 1106.051. BOARD; TERM. (a) The board consists of five
8168	8168	elected directors.
8169	8169	(b) Unless four-year terms are established under Section
8170	8170	285.081, Health and Safety Code, directors serve staggered two-year
8171	8171	terms with the terms of two or three directors expiring each year as
8172	8172	appropriate. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(a) (part).)
8173	8173	Sec. 1106.052. NOTICE OF ELECTION. At least 10 days before
8174	8174	the date of a directors' election, notice of the election must be
8175	8175	published one time in a newspaper of general circulation in the
8176	8176	district. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(c) (part).)
8177	8177	Sec. 1106.053. BALLOT PETITION. A person who wants to have
8178	8178	the person's name printed on the ballot as a candidate for director
8179	8179	must file with the board secretary a petition requesting that
8180	8180	action. The petition must be:
8181	8181	(1) signed by not less than 15 registered voters; and
8182	8182	(2) filed by the deadline imposed by Section 144.005,
8183	8183	Election Code. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(c) (part).)
8184	8184	Sec. 1106.054. QUALIFICATIONS FOR OFFICE. A person may not
8185	8185	be appointed or elected a director unless the person:
8186	8186	(1) is a resident of the district;
8187	8187	(2) owns land in the district subject to taxation; and
8188	8188	(3) is at least 18 years of age at the time of the
8189	8189	election or appointment. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(a)
8190	8190	(part).)
8191	8191	Sec. 1106.055. BOND NOT REQUIRED. A director is not
8192	8192	required to post a public official's bond. (Acts 60th Leg., R.S.,
8193	8193	Ch. 422, Sec. 3(a) (part).)
8194	8194	Sec. 1106.056. BOARD VACANCY. (a) If a vacancy occurs in
8195	8195	the office of director, the remaining directors shall appoint a
8196	8196	director for the unexpired term.
8197	8197	(b) If the number of directors is reduced to fewer than
8198	8198	three for any reason, the remaining directors shall immediately
8199	8199	call a special election to fill the vacancies. If the remaining
8200	8200	directors do not call the election, a district court, on
8201	8201	application of a district voter or taxpayer, may order the
8202	8202	directors to hold the election. (Acts 60th Leg., R.S., Ch. 422,
8203	8203	Sec. 3(b) (part).)
8204	8204	Sec. 1106.057. OFFICERS. The board shall elect from among
8205	8205	its members a president and a secretary. (Acts 60th Leg., R.S., Ch.
8206	8206	422, Sec. 3(b) (part).)
8207	8207	Sec. 1106.058. COMPENSATION; EXPENSES. A director serves
8208	8208	without compensation but is entitled to reimbursement for actual
8209	8209	expenses incurred in the performance of official duties on approval
8210	8210	of the expenses by the board. (Acts 60th Leg., R.S., Ch. 422, Secs.
8211	8211	3(a) (part), 4 (part).)
8212	8212	Sec. 1106.059. VOTING REQUIREMENT. A concurrence of three
8213	8213	directors is sufficient in any matter relating to district
8214	8214	business. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(b) (part).)
8215	8215	Sec. 1106.060. EMPLOYEES. The board may employ a general
8216	8216	manager, attorney, bookkeeper, architect, and any other employee
8217	8217	considered necessary for the efficient operation of the district.
8218	8218	(Acts 60th Leg., R.S., Ch. 422, Sec. 7(a) (part).)
8219	8219	Sec. 1106.061. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
8220	8220	All district records, including books, accounts, notices, and
8221	8221	minutes, and all other matters of the district and the operation of
8222	8222	its facilities, shall be:
8223	8223	(1) maintained at the district office; and
8224	8224	(2) open to public inspection at the district office
8225	8225	at all reasonable hours. (Acts 60th Leg., R.S., Ch. 422, Sec.
8226	8226	7(b).)
8227	8227	Sec. 1106.062. SEAL. The board may adopt a seal for the
8228	8228	district. (Acts 60th Leg., R.S., Ch. 422, Sec. 7(a) (part).)
8229	8229	[Sections 1106.063-1106.100 reserved for expansion]
8230	8230	SUBCHAPTER C. POWERS AND DUTIES
8231	8231	Sec. 1106.101. DISTRICT RESPONSIBILITY. The district has
8232	8232	full responsibility for providing medical and hospital care for the
8233	8233	district's needy inhabitants and needy and indigent residents.
8234	8234	(Acts 60th Leg., R.S., Ch. 422, Secs. 2(a) (part), 12 (part).)
8235	8235	Sec. 1106.102. RESTRICTION ON POLITICAL SUBDIVISION
8236	8236	TAXATION. Sherman County or any other political subdivision in the
8237	8237	district may not impose a tax on property in the district for
8238	8238	hospital purposes. (Acts 60th Leg., R.S., Ch. 422, Sec. 12 (part).)
8239	8239	Sec. 1106.103. MANAGEMENT AND CONTROL OF DISTRICT. The
8240	8240	management and control of the district are vested in the board.
8241	8241	(Acts 60th Leg., R.S., Ch. 422, Sec. 4 (part).)
8242	8242	Sec. 1106.104. HOSPITAL SYSTEM. The district shall provide
8243	8243	for:
8244	8244	(1) the establishment of a hospital system to provide
8245	8245	medical and hospital care to district residents by:
8246	8246	(A) purchasing, constructing, acquiring,
8247	8247	repairing, or renovating buildings and improvements; and
8248	8248	(B) equipping the buildings and improvements;
8249	8249	and
8250	8250	(2) the administration of the hospital system for
8251	8251	hospital purposes. (Acts 60th Leg., R.S., Ch. 422, Sec. 2(a)
8252	8252	(part).)
8253	8253	Sec. 1106.105. RULES. (a) The board may adopt rules
8254	8254	governing the operation of the district and district facilities.
8255	8255	(b) The rules may, on approval by the board, be published in
8256	8256	booklet form at district expense and made available to any taxpayer
8257	8257	on request. (Acts 60th Leg., R.S., Ch. 422, Sec. 7(c).)
8258	8258	Sec. 1106.106. PURCHASING AND ACCOUNTING PROCEDURES. (a)
8259	8259	The board may prescribe the method and manner of making purchases
8260	8260	and expenditures by and for the district.
8261	8261	(b) The board shall prescribe:
8262	8262	(1) all accounting and control procedures; and
8263	8263	(2) the method of purchasing necessary supplies,
8264	8264	materials, and equipment. (Acts 60th Leg., R.S., Ch. 422, Sec. 7(a)
8265	8265	(part).)
8266	8266	Sec. 1106.107. EMINENT DOMAIN. (a) The district may
8267	8267	exercise the power of eminent domain to acquire a fee simple or
8268	8268	other interest in any type of property, real, personal, or mixed,
8269	8269	located in district territory if the interest is necessary or
8270	8270	convenient to exercise a right, power, privilege, or function
8271	8271	conferred on the district by this chapter.
8272	8272	(b) The district must exercise the power of eminent domain
8273	8273	in the manner provided by Chapter 21, Property Code, except the
8274	8274	district is not required to deposit in the trial court money or a
8275	8275	bond as provided by Section 21.021(a), Property Code.
8276	8276	(c) In a condemnation proceeding brought by the district,
8277	8277	the district is not required to:
8278	8278	(1) pay in advance or provide a bond or other security
8279	8279	for costs in the trial court;
8280	8280	(2) provide a bond for the issuance of a temporary
8281	8281	restraining order or a temporary injunction; or
8282	8282	(3) provide a bond for costs or a supersedeas bond on
8283	8283	an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 422,
8284	8284	Sec. 9.)
8285	8285	Sec. 1106.108. GIFTS AND ENDOWMENTS. The board may accept
8286	8286	for the district a gift or endowment for the purposes and under the
8287	8287	directions, limitations, or other provisions prescribed in writing
8288	8288	by the donor that are not inconsistent with the proper management
8289	8289	and objectives of the district. (Acts 60th Leg., R.S., Ch. 422,
8290	8290	Sec. 14.)
8291	8291	Sec. 1106.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR
8292	8292	HOSPITAL AND MEDICAL CARE. (a) The board may enter into an
8293	8293	agreement or contract with another political subdivision of this
8294	8294	state that has boundaries contiguous to the district, on terms the
8295	8295	board considers reasonable and proper, to provide medical and
8296	8296	hospital care for residents of the other political subdivision.
8297	8297	(b) A contract or agreement entered into under this section
8298	8298	must require the other political subdivision to pay for all medical
8299	8299	and hospital care received by or provided to any resident of the
8300	8300	other political subdivision if the person fails to pay for the
8301	8301	medical and hospital services received by the resident. (Acts 60th
8302	8302	Leg., R.S., Ch. 422, Sec. 18.)
8303	8303	Sec. 1106.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
8304	8304	When a patient who resides in the district is admitted to a district
8305	8305	facility, the board shall have an inquiry made into the
8306	8306	circumstances of:
8307	8307	(1) the patient; and
8308	8308	(2) the patient's relatives legally liable for the
8309	8309	patient's support.
8310	8310	(b) If an agent designated by the district to handle the
8311	8311	inquiry determines that the patient or those relatives cannot pay
8312	8312	for all or part of the patient's care and treatment in the hospital,
8313	8313	the amount of the costs that cannot be paid becomes a charge against
8314	8314	the district.
8315	8315	(c) If the board determines that the patient or those
8316	8316	relatives are liable to pay for all or part of the patient's care
8317	8317	and treatment, the patient or those relatives shall be ordered to
8318	8318	pay to the district's treasurer a specified amount each week for the
8319	8319	patient's support. The amount ordered must be proportionate to
8320	8320	their financial ability and may not exceed the actual per capita
8321	8321	cost of maintenance.
8322	8322	(d) The district may collect the amount from the patient's
8323	8323	estate, or from those relatives legally liable for the patient's
8324	8324	support, in the manner provided by law for the collection of
8325	8325	expenses of the last illness of a deceased person.
8326	8326	(e) If there is a dispute as to the ability to pay, or doubt
8327	8327	in the mind of the district's designated agent, the board shall hold
8328	8328	a hearing and, after calling witnesses, shall:
8329	8329	(1) resolve the dispute or doubt; and
8330	8330	(2) issue any appropriate order.
8331	8331	(f) Either party to the dispute may appeal the order to the
8332	8332	district court. (Acts 60th Leg., R.S., Ch. 422, Sec. 13.)
8333	8333	Sec. 1106.111. AUTHORITY TO SUE AND BE SUED. As a
8334	8334	governmental agency, the district may sue and be sued in its own
8335	8335	name in any court of this state. (Acts 60th Leg., R.S., Ch. 422,
8336	8336	Sec. 16 (part).)
8337	8337	[Sections 1106.112-1106.150 reserved for expansion]
8338	8338	SUBCHAPTER D. FINANCIAL PROVISIONS
8339	8339	Sec. 1106.151. BUDGET. The board annually shall require a
8340	8340	budget to be prepared for the next fiscal year that includes:
8341	8341	(1) proposed expenditures and disbursements;
8342	8342	(2) estimated receipts and collections; and
8343	8343	(3) the amount of taxes required to be imposed for the
8344	8344	year. (Acts 60th Leg., R.S., Ch. 422, Sec. 8(b) (part).)
8345	8345	Sec. 1106.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
8346	8346	The board shall hold a public hearing on the proposed budget.
8347	8347	(b) Notice of the hearing must be published at least once in
8348	8348	a newspaper of general circulation in Sherman County not later than
8349	8349	the 10th day before the date of the hearing.
8350	8350	(c) Any district taxpayer is entitled to:
8351	8351	(1) appear at the time and place designated in the
8352	8352	notice; and
8353	8353	(2) be heard regarding any item included in the
8354	8354	proposed budget. (Acts 60th Leg., R.S., Ch. 422, Sec. 8(b) (part).)
8355	8355	Sec. 1106.153. FISCAL YEAR. The district's fiscal year
8356	8356	begins on October 1 and ends on September 30. (Acts 60th Leg.,
8357	8357	R.S., Ch. 422, Sec. 8(a) (part).)
8358	8358	Sec. 1106.154. ANNUAL AUDIT. The board annually shall have
8359	8359	an independent audit made of the district's books and records.
8360	8360	(Acts 60th Leg., R.S., Ch. 422, Sec. 8(a) (part).)
8361	8361	Sec. 1106.155. DEPOSITORY OR TREASURER. (a) The board by
8362	8362	resolution shall designate a bank or banks in Sherman County as the
8363	8363	district's depository or treasurer. A designated bank serves for
8364	8364	two years and until a successor is designated.
8365	8365	(b) All district money shall be secured in the manner
8366	8366	provided for securing county funds. (Acts 60th Leg., R.S., Ch. 422,
8367	8367	Sec. 10.)
8368	8368	[Sections 1106.156-1106.200 reserved for expansion]
8369	8369	SUBCHAPTER E. BONDS
8370	8370	Sec. 1106.201. GENERAL OBLIGATION BONDS. The board may
8371	8371	issue and sell general obligation bonds in the name and on the faith
8372	8372	of the district for any purpose relating to the purchase,
8373	8373	construction, acquisition, repair, or renovation of buildings or
8374	8374	improvements and equipping the buildings or improvements for
8375	8375	hospital purposes. (Acts 60th Leg., R.S., Ch. 422, Sec. 6(a)
8376	8376	(part).)
8377	8377	Sec. 1106.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a)
8378	8378	The board shall impose an ad valorem tax at a rate sufficient to
8379	8379	create an interest and sinking fund to pay the principal of and
8380	8380	interest on general obligation bonds issued under Section 1106.201
8381	8381	as the bonds mature.
8382	8382	(b) The tax required by this section together with any other
8383	8383	ad valorem tax imposed for the district may not in any year exceed
8384	8384	75 cents on each $100 valuation of all taxable property in the
8385	8385	district. (Acts 60th Leg., R.S., Ch. 422, Secs. 5(a) (part), 6(a)
8386	8386	(part).)
8387	8387	Sec. 1106.203. GENERAL OBLIGATION BOND ELECTION. (a) The
8388	8388	district may issue general obligation bonds only if the bonds are
8389	8389	authorized by a majority of the district voters voting in an
8390	8390	election held for that purpose.
8391	8391	(b) The board may order a bond election on its own motion.
8392	8392	(c) The order calling the election must specify:
8393	8393	(1) the date of the election;
8394	8394	(2) the location of the polling places;
8395	8395	(3) the presiding election officers;
8396	8396	(4) the purpose for which the bonds are to be issued;
8397	8397	(5) the amount of the bonds to be authorized;
8398	8398	(6) the maximum interest rate of the bonds; and
8399	8399	(7) the maximum maturity date of the bonds.
8400	8400	(d) Notice of a bond election shall be given by publishing a
8401	8401	substantial copy of the order in a newspaper of general circulation
8402	8402	in the district once each week for two consecutive weeks before the
8403	8403	date of the election. The first publication must occur at least 14
8404	8404	days before the date of the election. (Acts 60th Leg., R.S., Ch.
8405	8405	422, Sec. 6(a) (part).)
8406	8406	Sec. 1106.204. MATURITY OF GENERAL OBLIGATION BONDS.
8407	8407	District general obligation bonds must mature not later than 40
8408	8408	years after the date of issuance. (Acts 60th Leg., R.S., Ch. 422,
8409	8409	Sec. 6(a) (part).)
8410	8410	Sec. 1106.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
8411	8411	The board president shall execute the general obligation bonds in
8412	8412	the district's name.
8413	8413	(b) The board secretary shall countersign the bonds. (Acts
8414	8414	60th Leg., R.S., Ch. 422, Sec. 6(a) (part).)
8415	8415	[Sections 1106.206-1106.250 reserved for expansion]
8416	8416	SUBCHAPTER F. TAXES
8417	8417	Sec. 1106.251. IMPOSITION OF AD VALOREM TAX. (a) On final
8418	8418	approval of the budget, the board shall impose a tax on all taxable
8419	8419	property in the district subject to district taxation.
8420	8420	(b) The board shall impose the tax to:
8421	8421	(1) pay the interest on and create a sinking fund for
8422	8422	bonds issued by the district for hospital purposes as provided by
8423	8423	this chapter;
8424	8424	(2) provide for the maintenance and operation of the
8425	8425	district and hospital system;
8426	8426	(3) make improvements and additions to the hospital
8427	8427	system; and
8428	8428	(4) acquire necessary sites for the hospital system by
8429	8429	purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 422,
8430	8430	Secs. 5(a) (part), 8(b) (part).)
8431	8431	Sec. 1106.252. TAX RATE. The board may impose the tax at a
8432	8432	rate not to exceed 75 cents on each $100 valuation of all taxable
8433	8433	property in the district. (Acts 60th Leg., R.S., Ch. 422, Sec. 5(a)
8434	8434	(part).)
8435	8435	CHAPTER 1108. TRINITY MEMORIAL HOSPITAL DISTRICT
8436	8436	SUBCHAPTER A. GENERAL PROVISIONS
8437	8437	Sec. 1108.001. DEFINITIONS
8438	8438	Sec. 1108.002. AUTHORITY FOR OPERATION
8439	8439	Sec. 1108.003. ESSENTIAL PUBLIC FUNCTION
8440	8440	Sec. 1108.004. DISTRICT TERRITORY
8441	8441	Sec. 1108.005. DISTRICT SUPPORT AND MAINTENANCE NOT
8442	8442	STATE OBLIGATION
8443	8443	Sec. 1108.006. RESTRICTION ON STATE FINANCIAL
8444	8444	ASSISTANCE
8445	8445	[Sections 1108.007-1108.050 reserved for expansion]
8446	8446	SUBCHAPTER B. DISTRICT ADMINISTRATION
8447	8447	Sec. 1108.051. BOARD ELECTION; TERM
8448	8448	Sec. 1108.052. NOTICE OF ELECTION
8449	8449	Sec. 1108.053. BALLOT PETITION
8450	8450	Sec. 1108.054. QUALIFICATIONS FOR OFFICE
8451	8451	Sec. 1108.055. BOARD VACANCY
8452	8452	Sec. 1108.056. OFFICERS
8453	8453	Sec. 1108.057. COMPENSATION; EXPENSES
8454	8454	Sec. 1108.058. QUORUM; VOTING REQUIREMENT
8455	8455	Sec. 1108.059. DISTRICT ADMINISTRATOR
8456	8456	Sec. 1108.060. GENERAL DUTIES OF DISTRICT
8457	8457	ADMINISTRATOR
8458	8458	Sec. 1108.061. ASSISTANT DISTRICT ADMINISTRATOR;
8459	8459	ATTORNEY
8460	8460	Sec. 1108.062. APPOINTMENT OF STAFF AND EMPLOYEES
8461	8461	Sec. 1108.063. RETIREMENT BENEFITS
8462	8462	[Sections 1108.064-1108.100 reserved for expansion]
8463	8463	SUBCHAPTER C. POWERS AND DUTIES
8464	8464	Sec. 1108.101. DISTRICT RESPONSIBILITY
8465	8465	Sec. 1108.102. MANAGEMENT, CONTROL, AND ADMINISTRATION
8466	8466	Sec. 1108.103. HOSPITAL SYSTEM; MOBILE EMERGENCY
8467	8467	MEDICAL SERVICES
8468	8468	Sec. 1108.104. RULES
8469	8469	Sec. 1108.105. PURCHASING AND ACCOUNTING PROCEDURES
8470	8470	Sec. 1108.106. DISTRICT PROPERTY, FACILITIES, AND
8471	8471	EQUIPMENT
8472	8472	Sec. 1108.107. EMINENT DOMAIN
8473	8473	Sec. 1108.108. COST OF RELOCATING OR ALTERING PROPERTY
8474	8474	Sec. 1108.109. GIFTS AND ENDOWMENTS
8475	8475	Sec. 1108.110. CONSTRUCTION CONTRACTS
8476	8476	Sec. 1108.111. OPERATING AND MANAGEMENT CONTRACTS
8477	8477	Sec. 1108.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
8478	8478	FOR SERVICES
8479	8479	Sec. 1108.113. PAYMENT FOR TREATMENT; PROCEDURES
8480	8480	Sec. 1108.114. REIMBURSEMENT FOR SERVICES
8481	8481	Sec. 1108.115. AUTHORITY TO SUE AND BE SUED
8482	8482	[Sections 1108.116-1108.150 reserved for expansion]
8483	8483	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
8484	8484	Sec. 1108.151. BUDGET
8485	8485	Sec. 1108.152. NOTICE; HEARING; APPROVAL OF BUDGET
8486	8486	Sec. 1108.153. AMENDMENTS TO BUDGET
8487	8487	Sec. 1108.154. RESTRICTION ON EXPENDITURES
8488	8488	Sec. 1108.155. FISCAL YEAR
8489	8489	Sec. 1108.156. ANNUAL AUDIT
8490	8490	Sec. 1108.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
8491	8491	RECORDS
8492	8492	Sec. 1108.158. FINANCIAL REPORT
8493	8493	Sec. 1108.159. DEPOSITORY
8494	8494	Sec. 1108.160. SPENDING AND INVESTMENT RESTRICTIONS
8495	8495	[Sections 1108.161-1108.200 reserved for expansion]
8496	8496	SUBCHAPTER E. BONDS
8497	8497	Sec. 1108.201. GENERAL OBLIGATION BONDS
8498	8498	Sec. 1108.202. TAX TO PAY GENERAL OBLIGATION BONDS
8499	8499	Sec. 1108.203. GENERAL OBLIGATION BOND ELECTION
8500	8500	Sec. 1108.204. REVENUE BONDS
8501	8501	Sec. 1108.205. REFUNDING BONDS
8502	8502	Sec. 1108.206. MATURITY OF BONDS
8503	8503	Sec. 1108.207. EXECUTION OF BONDS
8504	8504	Sec. 1108.208. BONDS EXEMPT FROM TAXATION
8505	8505	[Sections 1108.209-1108.250 reserved for expansion]
8506	8506	SUBCHAPTER F. TAXES
8507	8507	Sec. 1108.251. IMPOSITION OF AD VALOREM TAX
8508	8508	Sec. 1108.252. TAX RATE
8509	8509	Sec. 1108.253. TAX ASSESSOR-COLLECTOR
8510	8510	CHAPTER 1108. TRINITY MEMORIAL HOSPITAL DISTRICT
8511	8511	SUBCHAPTER A. GENERAL PROVISIONS
8512	8512	Sec. 1108.001. DEFINITIONS. In this chapter:
8513	8513	(1) "Board" means the board of directors of the
8514	8514	district.
8515	8515	(2) "Director" means a member of the board.
8516	8516	(3) "District" means the Trinity Memorial Hospital
8517	8517	District. (New.)
8518	8518	Sec. 1108.002. AUTHORITY FOR OPERATION. The Trinity
8519	8519	Memorial Hospital District operates and is administered and
8520	8520	financed in accordance with Section 9, Article IX, Texas
8521	8521	Constitution, and has the rights, powers, and duties provided by
8522	8522	this chapter. (Acts 67th Leg., R.S., Ch. 265, Sec. 1.)
8523	8523	Sec. 1108.003. ESSENTIAL PUBLIC FUNCTION. The district
8524	8524	performs an essential public function in carrying out the purposes
8525	8525	of this chapter. (Acts 67th Leg., R.S., Ch. 265, Sec. 24 (part).)
8526	8526	Sec. 1108.004. DISTRICT TERRITORY. The district is
8527	8527	composed of the territory in Trinity County described by Section 2,
8528	8528	Chapter 265, Acts of the 67th Legislature, Regular Session, 1981.
8529	8529	(New.)
8530	8530	Sec. 1108.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
8531	8531	OBLIGATION. The support and maintenance of the district may not
8532	8532	become a charge against or obligation of this state. (Acts 67th
8533	8533	Leg., R.S., Ch. 265, Sec. 23 (part).)
8534	8534	Sec. 1108.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
8535	8535	The legislature may not make a direct appropriation for the
8536	8536	construction, maintenance, or improvement of a district facility.
8537	8537	(Acts 67th Leg., R.S., Ch. 265, Sec. 23 (part).)
8538	8538	[Sections 1108.007-1108.050 reserved for expansion]
8539	8539	SUBCHAPTER B. DISTRICT ADMINISTRATION
8540	8540	Sec. 1108.051. BOARD ELECTION; TERM. (a) The board
8541	8541	consists of nine directors elected by place.
8542	8542	(b) Unless four-year terms are established under Section
8543	8543	285.081, Health and Safety Code, directors serve staggered two-year
8544	8544	terms with the terms of four or five directors expiring each year as
8545	8545	appropriate. (Acts 67th Leg., R.S., Ch. 265, Sec. 5(d) (part).)
8546	8546	Sec. 1108.052. NOTICE OF ELECTION. At least 30 days before
8547	8547	the date of a directors' election, notice of the election must be
8548	8548	published one time in a newspaper or newspapers that individually
8549	8549	or collectively have general circulation in the district. (Acts
8550	8550	67th Leg., R.S., Ch. 265, Sec. 5(e).)
8551	8551	Sec. 1108.053. BALLOT PETITION. A person who wants to have
8552	8552	the person's name printed on the ballot as a candidate for director
8553	8553	must file with the board secretary a petition requesting that
8554	8554	action. The petition must:
8555	8555	(1) be signed by at least 10 voters in the district;
8556	8556	(2) be filed by the deadline imposed by Section
8557	8557	144.005, Election Code; and
8558	8558	(3) specify the place for which the person is to be a
8559	8559	candidate. (Acts 67th Leg., R.S., Ch. 265, Sec. 5(f).)
8560	8560	Sec. 1108.054. QUALIFICATIONS FOR OFFICE. (a) A person may
8561	8561	not be elected or appointed as a director unless the person is:
8562	8562	(1) at least 18 years of age;
8563	8563	(2) a resident of the district; and
8564	8564	(3) a qualified voter.
8565	8565	(b) A person elected or appointed to fill Place 1 or 3 on the
8566	8566	board must also be a resident of the portion of Commissioners
8567	8567	Precinct 1 or 3, respectively, that lies within the district.
8568	8568	(c) A person is not eligible to serve as a director if the
8569	8569	person is:
8570	8570	(1) the district administrator; or
8571	8571	(2) a district employee. (Acts 67th Leg., R.S., Ch.
8572	8572	265, Sec. 5(h).)
8573	8573	Sec. 1108.055. BOARD VACANCY. If a vacancy occurs in the
8574	8574	office of director, the remaining directors shall fill the vacancy
8575	8575	for the unexpired term. (Acts 67th Leg., R.S., Ch. 265, Sec. 5(g).)
8576	8576	Sec. 1108.056. OFFICERS. (a) The board shall elect:
8577	8577	(1) a president and a vice president from among its
8578	8578	members; and
8579	8579	(2) a secretary, who need not be a director.
8580	8580	(b) Each officer of the board serves a one-year term.
8581	8581	(c) The board shall fill a vacancy in a board office for the
8582	8582	unexpired term. (Acts 67th Leg., R.S., Ch. 265, Sec. 5(i) (part).)
8583	8583	Sec. 1108.057. COMPENSATION; EXPENSES. A director or
8584	8584	officer serves without compensation but may be reimbursed for
8585	8585	actual expenses incurred in the performance of official duties.
8586	8586	The expenses must be:
8587	8587	(1) reported in the district's records; and
8588	8588	(2) approved by the board. (Acts 67th Leg., R.S., Ch.
8589	8589	265, Sec. 5(i) (part).)
8590	8590	Sec. 1108.058. QUORUM; VOTING REQUIREMENT. (a) Any four
8591	8591	directors constitute a quorum.
8592	8592	(b) A concurrence of four directors is sufficient in any
8593	8593	matter relating to district business. (Acts 67th Leg., R.S., Ch.
8594	8594	265, Sec. 5(i) (part).)
8595	8595	Sec. 1108.059. DISTRICT ADMINISTRATOR. (a) The board may
8596	8596	appoint a qualified person as district administrator.
8597	8597	(b) The district administrator serves at the will of the
8598	8598	board and is entitled to receive the compensation determined by the
8599	8599	board.
8600	8600	(c) Before assuming the duties of district administrator,
8601	8601	the administrator must execute a bond in the amount set by the board
8602	8602	of not less than $5,000 that:
8603	8603	(1) is conditioned on the administrator performing the
8604	8604	administrator's required duties; and
8605	8605	(2) contains any other condition the board requires.
8606	8606	(Acts 67th Leg., R.S., Ch. 265, Sec. 6 (part).)
8607	8607	Sec. 1108.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
8608	8608	Subject to the limitations prescribed by the board, the district
8609	8609	administrator shall:
8610	8610	(1) supervise the work and activities of the district;
8611	8611	and
8612	8612	(2) direct the affairs of the district. (Acts 67th
8613	8613	Leg., R.S., Ch. 265, Sec. 6 (part).)
8614	8614	Sec. 1108.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
8615	8615	(a) The board may appoint qualified persons as:
8616	8616	(1) the assistant district administrator; and
8617	8617	(2) the attorney for the district.
8618	8618	(b) The assistant district administrator and the attorney
8619	8619	serve at the will of the board and are entitled to receive the
8620	8620	compensation determined by the board. (Acts 67th Leg., R.S., Ch.
8621	8621	265, Sec. 6 (part).)
8622	8622	Sec. 1108.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
8623	8623	board may appoint to the staff any doctors the board considers
8624	8624	necessary for the efficient operation of the district and may make
8625	8625	temporary appointments as warranted.
8626	8626	(b) The district may employ fiscal agents, accountants,
8627	8627	architects, and additional attorneys as the board considers proper.
8628	8628	(c) The board may delegate to the district administrator the
8629	8629	authority to employ district employees, including technicians and
8630	8630	nurses. (Acts 67th Leg., R.S., Ch. 265, Secs. 6 (part), 19.)
8631	8631	Sec. 1108.063. RETIREMENT BENEFITS. The board may provide
8632	8632	retirement benefits for district employees by:
8633	8633	(1) establishing or administering a retirement
8634	8634	program; or
8635	8635	(2) participating in:
8636	8636	(A) the Texas County and District Retirement
8637	8637	System; or
8638	8638	(B) another statewide retirement system in which
8639	8639	the district is eligible to participate. (Acts 67th Leg., R.S., Ch.
8640	8640	265, Sec. 7.)
8641	8641	[Sections 1108.064-1108.100 reserved for expansion]
8642	8642	SUBCHAPTER C. POWERS AND DUTIES
8643	8643	Sec. 1108.101. DISTRICT RESPONSIBILITY. The district has
8644	8644	full responsibility for operating all hospital facilities and for
8645	8645	providing medical and hospital care for the district's needy
8646	8646	inhabitants. (Acts 67th Leg., R.S., Ch. 265, Sec. 22 (part).)
8647	8647	Sec. 1108.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
8648	8648	The board shall manage, control, and administer the hospital system
8649	8649	and the district's money and resources. (Acts 67th Leg., R.S., Ch.
8650	8650	265, Sec. 6 (part).)
8651	8651	Sec. 1108.103. HOSPITAL SYSTEM; MOBILE EMERGENCY MEDICAL
8652	8652	SERVICES. (a) The district shall provide for:
8653	8653	(1) the establishment of a hospital system and the
8654	8654	provision of emergency medical services by:
8655	8655	(A) purchasing, constructing, acquiring,
8656	8656	repairing, or renovating buildings and equipment; and
8657	8657	(B) equipping the buildings; and
8658	8658	(2) the administration of the hospital system for
8659	8659	hospital purposes.
8660	8660	(b) The hospital system may include any facilities and
8661	8661	equipment the board considers necessary for hospital care. (Acts
8662	8662	67th Leg., R.S., Ch. 265, Secs. 3 (part), 12(a) (part).)
8663	8663	Sec. 1108.104. RULES. The board may adopt rules governing
8664	8664	the operation of the hospital, the hospital system, and the
8665	8665	district's staff and employees. (Acts 67th Leg., R.S., Ch. 265,
8666	8666	Sec. 6 (part).)
8667	8667	Sec. 1108.105. PURCHASING AND ACCOUNTING PROCEDURES. The
8668	8668	board may prescribe:
8669	8669	(1) the method and manner of making purchases and
8670	8670	expenditures by and for the district; and
8671	8671	(2) all accounting and control procedures. (Acts 67th
8672	8672	Leg., R.S., Ch. 265, Sec. 12(b) (part).)
8673	8673	Sec. 1108.106. DISTRICT PROPERTY, FACILITIES, AND
8674	8674	EQUIPMENT. (a) The board shall determine the type, number, and
8675	8675	location of buildings required to maintain an adequate hospital
8676	8676	system.
8677	8677	(b) The board may lease all or part of the district's
8678	8678	facilities on terms considered to be in the best interest of the
8679	8679	district's inhabitants.
8680	8680	(c) The district may acquire equipment for use in the
8681	8681	district's hospital system and mortgage or pledge the property as
8682	8682	security for the payment of the purchase price.
8683	8683	(d) The district may sell or otherwise dispose of any
8684	8684	property, including equipment, on terms the board finds are in the
8685	8685	best interest of the district's inhabitants. (Acts 67th Leg.,
8686	8686	R.S., Ch. 265, Secs. 12(a) (part), (b) (part).)
8687	8687	Sec. 1108.107. EMINENT DOMAIN. (a) The district may
8688	8688	exercise the power of eminent domain to acquire a fee simple or
8689	8689	other interest in any type of property located in district
8690	8690	territory if the interest is necessary or convenient to a power,
8691	8691	right, or privilege conferred by this chapter.
8692	8692	(b) The district must exercise the power of eminent domain
8693	8693	in the manner provided by Chapter 21, Property Code, except the
8694	8694	district is not required to deposit in the trial court money or a
8695	8695	bond as provided by Section 21.021(a), Property Code.
8696	8696	(c) In a condemnation proceeding brought by the district,
8697	8697	the district is not required to:
8698	8698	(1) pay in advance or provide a bond or other security
8699	8699	for costs in the trial court;
8700	8700	(2) provide a bond for the issuance of a temporary
8701	8701	restraining order or a temporary injunction; or
8702	8702	(3) provide a bond for costs or a supersedeas bond on
8703	8703	an appeal or petition for review. (Acts 67th Leg., R.S., Ch. 265,
8704	8704	Sec. 18(a).)
8705	8705	Sec. 1108.108. COST OF RELOCATING OR ALTERING PROPERTY. In
8706	8706	exercising the power of eminent domain, if the board requires
8707	8707	relocating, raising, lowering, rerouting, changing the grade, or
8708	8708	altering the construction of any railroad, electric transmission,
8709	8709	telegraph or telephone line, conduit, pole, or facility, or
8710	8710	pipeline, the district must bear the actual cost of relocating,
8711	8711	raising, lowering, rerouting, changing the grade, or altering the
8712	8712	construction to provide comparable replacement without enhancement
8713	8713	of facilities, after deducting the net salvage value derived from
8714	8714	the old facility. (Acts 67th Leg., R.S., Ch. 265, Sec. 18(b).)
8715	8715	Sec. 1108.109. GIFTS AND ENDOWMENTS. The board may accept
8716	8716	for the district a gift or endowment to be held in trust for the
8717	8717	purposes and under the directions, limitations, or other provisions
8718	8718	prescribed in writing by the donor that are consistent with the
8719	8719	proper management and objectives of the district. (Acts 67th Leg.,
8720	8720	R.S., Ch. 265, Sec. 21.)
8721	8721	Sec. 1108.110. CONSTRUCTION CONTRACTS. A construction
8722	8722	contract that involves the expenditure of more than $10,000 may be
8723	8723	made only after advertising in the manner provided by Chapter 252
8724	8724	and Subchapter C, Chapter 262, Local Government Code. (Acts 67th
8725	8725	Leg., R.S., Ch. 265, Sec. 12(b) (part).)
8726	8726	Sec. 1108.111. OPERATING AND MANAGEMENT CONTRACTS. The
8727	8727	board may enter into an operating or management contract relating
8728	8728	to a district facility. (Acts 67th Leg., R.S., Ch. 265, Sec. 12(a)
8729	8729	(part).)
8730	8730	Sec. 1108.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
8731	8731	SERVICES. The board may contract with a political subdivision or
8732	8732	governmental agency for the district to provide mobile emergency
8733	8733	medical services and investigatory or other services as to
8734	8734	facilities for the medical care, hospital, or welfare needs of
8735	8735	district inhabitants. (Acts 67th Leg., R.S., Ch. 265, Sec. 6
8736	8736	(part).)
8737	8737	Sec. 1108.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
8738	8738	When a patient who resides in the district is admitted to a district
8739	8739	facility, the district administrator may have an inquiry made into
8740	8740	the circumstances of:
8741	8741	(1) the patient; and
8742	8742	(2) the patient's relatives legally liable for the
8743	8743	patient's support.
8744	8744	(b) If the district administrator determines that the
8745	8745	patient or those relatives cannot pay for all or part of the care
8746	8746	and treatment in the hospital, the amount that cannot be paid
8747	8747	becomes a charge against the district.
8748	8748	(c) If the district administrator determines that the
8749	8749	patient or those relatives can pay for all or part of the costs of
8750	8750	the patient's care and treatment, the patient or those relatives
8751	8751	shall be ordered to pay the district a specified amount each week
8752	8752	for the patient's care and support. The amount ordered must be
8753	8753	proportionate to their financial ability.
8754	8754	(d) The district administrator may collect the amount from
8755	8755	the patient's estate, or from those relatives legally liable for
8756	8756	the patient's support, in the manner provided by law for the
8757	8757	collection of expenses of the last illness of a deceased person.
8758	8758	(e) If there is a dispute as to the ability to pay, or doubt
8759	8759	in the mind of the district administrator, the board shall:
8760	8760	(1) call witnesses;
8761	8761	(2) hear and resolve the dispute or doubt; and
8762	8762	(3) issue a final order.
8763	8763	(f) A final order of the board may be appealed to the
8764	8764	district court. The substantial evidence rule applies to the
8765	8765	appeal. (Acts 67th Leg., R.S., Ch. 265, Sec. 20.)
8766	8766	Sec. 1108.114. REIMBURSEMENT FOR SERVICES. (a) The board
8767	8767	shall require a county or municipality located outside the district
8768	8768	to reimburse the district for the care and treatment of a sick or
8769	8769	injured person of that county or municipality.
8770	8770	(b) The board shall require the sheriff of Trinity County to
8771	8771	reimburse the district for the care and treatment of a prisoner
8772	8772	imprisoned in Trinity County who is not a district resident.
8773	8773	(c) The district may contract with this state or a federal
8774	8774	agency for the reimbursement for the treatment of a sick or injured
8775	8775	person. (Acts 67th Leg., R.S., Ch. 265, Sec. 6 (part).)
8776	8776	Sec. 1108.115. AUTHORITY TO SUE AND BE SUED. The district,
8777	8777	through the board, may sue and be sued. (Acts 67th Leg., R.S., Ch.
8778	8778	265, Sec. 6 (part).)
8779	8779	[Sections 1108.116-1108.150 reserved for expansion]
8780	8780	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
8781	8781	Sec. 1108.151. BUDGET. (a) The district administrator
8782	8782	shall prepare an annual budget for approval by the board.
8783	8783	(b) The proposed budget must contain a complete financial
8784	8784	statement of:
8785	8785	(1) the outstanding obligations of the district;
8786	8786	(2) the cash on hand to the credit of each district
8787	8787	fund;
8788	8788	(3) the money received by the district from all
8789	8789	sources during the previous year;
8790	8790	(4) the money available to the district from all
8791	8791	sources during the ensuing year;
8792	8792	(5) the balances expected at the end of the year in
8793	8793	which the budget is being prepared;
8794	8794	(6) the estimated revenue and balances available to
8795	8795	cover the budget; and
8796	8796	(7) the estimated tax rate required. (Acts 67th Leg.,
8797	8797	R.S., Ch. 265, Sec. 8 (part).)
8798	8798	Sec. 1108.152. NOTICE; HEARING; APPROVAL OF BUDGET. (a)
8799	8799	The board shall hold a public hearing on the proposed annual budget.
8800	8800	(b) At least 10 days before the date of the hearing, notice
8801	8801	of the hearing must be published one time in a newspaper with
8802	8802	general circulation in the district.
8803	8803	(c) Any district resident is entitled to be present and
8804	8804	participate at the hearing.
8805	8805	(d) At the conclusion of the hearing, the board shall act on
8806	8806	the budget as proposed by the district administrator. The board may
8807	8807	make any changes in the proposed budget that the board judges to be
8808	8808	in the interests of the taxpayers and the law warrants. The budget
8809	8809	must be approved by the board. (Acts 67th Leg., R.S., Ch. 265, Sec.
8810	8810	8 (part).)
8811	8811	Sec. 1108.153. AMENDMENTS TO BUDGET. After the annual
8812	8812	budget is adopted, the budget may be amended as required by
8813	8813	circumstances. The board must approve all amendments. (Acts 67th
8814	8814	Leg., R.S., Ch. 265, Sec. 8 (part).)
8815	8815	Sec. 1108.154. RESTRICTION ON EXPENDITURES. Money may be
8816	8816	spent only for an expense included in the budget or an amendment to
8817	8817	the budget. (Acts 67th Leg., R.S., Ch. 265, Sec. 8 (part).)
8818	8818	Sec. 1108.155. FISCAL YEAR. (a) The district operates
8819	8819	according to a fiscal year established by the board.
8820	8820	(b) The fiscal year may not be changed:
8821	8821	(1) during a period that district revenue bonds are
8822	8822	outstanding; or
8823	8823	(2) more than once in any 24-month period. (Acts 67th
8824	8824	Leg., R.S., Ch. 265, Sec. 8 (part).)
8825	8825	Sec. 1108.156. ANNUAL AUDIT. The board annually shall have
8826	8826	an audit made of the district's financial condition. (Acts 67th
8827	8827	Leg., R.S., Ch. 265, Sec. 8 (part).)
8828	8828	Sec. 1108.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
8829	8829	RECORDS. The annual audit and other district records shall be open
8830	8830	to inspection at the district's principal office. (Acts 67th Leg.,
8831	8831	R.S., Ch. 265, Sec. 8 (part).)
8832	8832	Sec. 1108.158. FINANCIAL REPORT. As soon as practicable
8833	8833	after the close of each fiscal year, the district administrator
8834	8834	shall prepare for the board:
8835	8835	(1) a complete sworn statement of all district money;
8836	8836	and
8837	8837	(2) a complete account of the disbursements of that
8838	8838	money. (Acts 67th Leg., R.S., Ch. 265, Sec. 8 (part).)
8839	8839	Sec. 1108.159. DEPOSITORY. (a) The board shall select one
8840	8840	or more banks inside or outside the district to serve as a
8841	8841	depository for district money.
8842	8842	(b) District money, other than money invested as provided by
8843	8843	Section 1108.160(b) and money transmitted to a bank for payment of
8844	8844	bonds or obligations issued or assumed by the district, shall be
8845	8845	deposited as received with the depository bank and shall remain on
8846	8846	deposit.
8847	8847	(c) This chapter, including Subsection (b), does not limit
8848	8848	the power of the board to place a part of district money on time
8849	8849	deposit or to purchase certificates of deposit. (Acts 67th Leg.,
8850	8850	R.S., Ch. 265, Sec. 13(a).)
8851	8851	Sec. 1108.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
8852	8852	Except as provided by Section 1108.106(c) and by Subchapter E, the
8853	8853	district may not incur an obligation payable from district revenue
8854	8854	other than the revenue on hand or to be on hand in the current and
8855	8855	following district fiscal years.
8856	8856	(b) The board may invest operating, depreciation, or
8857	8857	building reserves only in funds or securities specified by Chapter
8858	8858	2256, Government Code. (Acts 67th Leg., R.S., Ch. 265, Secs. 6
8859	8859	(part), 12(b) (part).)
8860	8860	[Sections 1108.161-1108.200 reserved for expansion]
8861	8861	SUBCHAPTER E. BONDS
8862	8862	Sec. 1108.201. GENERAL OBLIGATION BONDS. The board may
8863	8863	issue and sell general obligation bonds in the name and on the faith
8864	8864	and credit of the district for any purpose relating to:
8865	8865	(1) the purchase, construction, acquisition, repair,
8866	8866	or renovation of buildings or improvements;
8867	8867	(2) equipping buildings or improvements for hospital
8868	8868	purposes; and
8869	8869	(3) the acquisition and operation of mobile emergency
8870	8870	medical services to assist the district in carrying out its
8871	8871	hospital purposes. (Acts 67th Leg., R.S., Ch. 265, Sec. 9(a)
8872	8872	(part).)
8873	8873	Sec. 1108.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
8874	8874	the time general obligation bonds are issued by the district, the
8875	8875	board shall impose an ad valorem tax at a rate sufficient to create
8876	8876	an interest and sinking fund to pay the principal of and interest on
8877	8877	the bonds as the bonds mature.
8878	8878	(b) The tax required by this section together with any other
8879	8879	ad valorem tax imposed for the district may not in any year exceed
8880	8880	75 cents on each $100 valuation of all taxable property in the
8881	8881	district subject to hospital district taxation. (Acts 67th Leg.,
8882	8882	R.S., Ch. 265, Sec. 9(a) (part).)
8883	8883	Sec. 1108.203. GENERAL OBLIGATION BOND ELECTION. (a) The
8884	8884	district may issue general obligation bonds only if the bonds are
8885	8885	authorized by a majority of the district voters.
8886	8886	(b) The board, in ordering a bond election, must provide for
8887	8887	clerks as in county elections and must specify:
8888	8888	(1) the date of the election;
8889	8889	(2) the location of the polling places;
8890	8890	(3) the presiding and alternate election judges for
8891	8891	each polling place;
8892	8892	(4) the amount of the bonds to be authorized; and
8893	8893	(5) the maximum maturity of the bonds.
8894	8894	(c) Notice of a bond election shall be given as provided by
8895	8895	Section 1251.003, Government Code.
8896	8896	(d) Section 41.001(a), Election Code, does not apply to an
8897	8897	election held under this section.
8898	8898	(e) The board shall declare the results of the election.
8899	8899	(Acts 67th Leg., R.S., Ch. 265, Sec. 9(a) (part).)
8900	8900	Sec. 1108.204. REVENUE BONDS. (a) The board may issue
8901	8901	revenue bonds to:
8902	8902	(1) purchase, construct, acquire, repair, renovate,
8903	8903	or equip buildings or improvements for hospital purposes;
8904	8904	(2) acquire and operate mobile emergency medical
8905	8905	services to assist the district in carrying out its hospital
8906	8906	purposes; and
8907	8907	(3) acquire sites to be used for hospital purposes.
8908	8908	(b) The bonds must be payable from and secured by a pledge of
8909	8909	all or part of district revenue derived from the operation of the
8910	8910	district's hospitals.
8911	8911	(c) The bonds may be additionally secured by a mortgage or
8912	8912	deed of trust lien on all or part of district property.
8913	8913	(d) The bonds must be issued in the manner and in accordance
8914	8914	with the procedures and requirements prescribed by Sections
8915	8915	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
8916	8916	and Safety Code, for issuance of revenue bonds by a county hospital
8917	8917	authority. (Acts 67th Leg., R.S., Ch. 265, Sec. 11 (part).)
8918	8918	Sec. 1108.205. REFUNDING BONDS. (a) The board may, without
8919	8919	an election, issue refunding bonds to refund outstanding
8920	8920	indebtedness issued or assumed by the district.
8921	8921	(b) A refunding bond may be:
8922	8922	(1) sold, with the proceeds of the refunding bond
8923	8923	applied to the payment of the outstanding indebtedness; or
8924	8924	(2) exchanged wholly or partly for not less than a
8925	8925	similar principal amount of outstanding indebtedness. (Acts 67th
8926	8926	Leg., R.S., Ch. 265, Secs. 9(a) (part), (b) (part), 11 (part).)
8927	8927	Sec. 1108.206. MATURITY OF BONDS. District bonds must
8928	8928	mature not later than 40 years after their date of issuance. (Acts
8929	8929	67th Leg., R.S., Ch. 265, Sec. 9(c) (part).)
8930	8930	Sec. 1108.207. EXECUTION OF BONDS. The board president
8931	8931	shall execute the district's bonds in the district's name, and the
8932	8932	board secretary shall countersign the bonds in the manner provided
8933	8933	by Chapter 618, Government Code. (Acts 67th Leg., R.S., Ch. 265,
8934	8934	Sec. 9(c) (part).)
8935	8935	Sec. 1108.208. BONDS EXEMPT FROM TAXATION. The following
8936	8936	are exempt from taxation by this state or a political subdivision of
8937	8937	this state:
8938	8938	(1) bonds issued by the district;
8939	8939	(2) the transfer and issuance of the bonds; and
8940	8940	(3) any profits made in the sale of the bonds. (Acts
8941	8941	67th Leg., R.S., Ch. 265, Sec. 24 (part).)
8942	8942	[Sections 1108.209-1108.250 reserved for expansion]
8943	8943	SUBCHAPTER F. TAXES
8944	8944	Sec. 1108.251. IMPOSITION OF AD VALOREM TAX. (a) The board
8945	8945	may impose a tax on all property in the district subject to district
8946	8946	taxation.
8947	8947	(b) The board shall impose the tax to pay:
8948	8948	(1) indebtedness issued or assumed by the district;
8949	8949	and
8950	8950	(2) district maintenance and operating expenses.
8951	8951	(c) The board may not impose a tax to pay the principal of or
8952	8952	interest on revenue bonds issued under Section 1108.204. (Acts
8953	8953	67th Leg., R.S., Ch. 265, Secs. 14(a) (part), (c).)
8954	8954	Sec. 1108.252. TAX RATE. (a) The board may impose the tax
8955	8955	at a rate not to exceed 75 cents on each $100 valuation of taxable
8956	8956	property in the district subject to district taxation.
8957	8957	(b) In setting the tax rate, the board shall consider the
8958	8958	income of the district from sources other than taxation. (Acts 67th
8959	8959	Leg., R.S., Ch. 265, Secs. 4(b) (part), 14(a) (part), (d) (part).)
8960	8960	Sec. 1108.253. TAX ASSESSOR-COLLECTOR. The board may
8961	8961	provide for the appointment of a tax assessor-collector for the
8962	8962	district or may contract for the assessment and collection of taxes
8963	8963	as provided by Title 1, Tax Code. (Acts 67th Leg., R.S., Ch. 265, Sec. 16(b).)
8964	8964	CHAPTER 1111. WALKER COUNTY HOSPITAL DISTRICT
8965	8965	SUBCHAPTER A. GENERAL PROVISIONS
8966	8966	Sec. 1111.001. DEFINITIONS
8967	8967	Sec. 1111.002. AUTHORITY FOR CREATION
8968	8968	Sec. 1111.003. POLITICAL SUBDIVISION
8969	8969	Sec. 1111.004. DISTRICT TERRITORY
8970	8970	Sec. 1111.005. CORRECTION OF INVALID PROCEDURES
8971	8971	Sec. 1111.006. DISTRICT SUPPORT AND MAINTENANCE NOT
8972	8972	STATE OBLIGATION
8973	8973	[Sections 1111.007-1111.050 reserved for expansion]
8974	8974	SUBCHAPTER B. DISTRICT ADMINISTRATION
8975	8975	Sec. 1111.051. BOARD ELECTION; TERM
8976	8976	Sec. 1111.052. NOTICE OF ELECTION
8977	8977	Sec. 1111.053. REQUEST TO APPEAR ON BALLOT
8978	8978	Sec. 1111.054. QUALIFICATIONS FOR OFFICE
8979	8979	Sec. 1111.055. BOND; RECORD OF BOND AND OATH
8980	8980	Sec. 1111.056. OFFICERS
8981	8981	Sec. 1111.057. OFFICE; MEETINGS
8982	8982	Sec. 1111.058. RECORDS OF PROCEEDINGS
8983	8983	Sec. 1111.059. DISTRICT ADMINISTRATOR
8984	8984	Sec. 1111.060. GENERAL DUTIES OF DISTRICT
8985	8985	ADMINISTRATOR
8986	8986	Sec. 1111.061. APPOINTMENT OF STAFF AND EMPLOYEES
8987	8987	Sec. 1111.062. RETIREMENT PROGRAM
8988	8988	Sec. 1111.063. SEAL
8989	8989	[Sections 1111.064-1111.100 reserved for expansion]
8990	8990	SUBCHAPTER C. POWERS AND DUTIES
8991	8991	Sec. 1111.101. DISTRICT RESPONSIBILITY
8992	8992	Sec. 1111.102. RESTRICTION ON POLITICAL SUBDIVISION
8993	8993	TAXATION AND DEBT
8994	8994	Sec. 1111.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
8995	8995	Sec. 1111.104. HOSPITAL SYSTEM
8996	8996	Sec. 1111.105. RULES
8997	8997	Sec. 1111.106. EMINENT DOMAIN
8998	8998	Sec. 1111.107. GIFTS AND ENDOWMENTS
8999	8999	Sec. 1111.108. LEASES
9000	9000	Sec. 1111.109. OPERATING AND MANAGEMENT CONTRACTS
9001	9001	Sec. 1111.110. CONTRACTS FOR CARE
9002	9002	Sec. 1111.111. CONTRACTS WITH GOVERNMENTAL ENTITIES
9003	9003	FOR HOSPITALIZATION
9004	9004	Sec. 1111.112. DISPOSITION OF PROPERTY
9005	9005	Sec. 1111.113. AUTHORITY TO SUE AND BE SUED
9006	9006	[Sections 1111.114-1111.150 reserved for expansion]
9007	9007	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9008	9008	Sec. 1111.151. DEPOSITORY
9009	9009	[Sections 1111.152-1111.200 reserved for expansion]
9010	9010	SUBCHAPTER E. BONDS
9011	9011	Sec. 1111.201. GENERAL OBLIGATION BONDS
9012	9012	Sec. 1111.202. TAX TO PAY GENERAL OBLIGATION BONDS
9013	9013	Sec. 1111.203. GENERAL OBLIGATION BOND ELECTION
9014	9014	Sec. 1111.204. MATURITY OF GENERAL OBLIGATION BONDS
9015	9015	Sec. 1111.205. EXECUTION OF GENERAL OBLIGATION BONDS
9016	9016	Sec. 1111.206. INVESTMENT OF GENERAL OBLIGATION BOND
9017	9017	PROCEEDS
9018	9018	Sec. 1111.207. REVENUE AND SPECIAL OBLIGATION BONDS
9019	9019	[Sections 1111.208-1111.250 reserved for expansion]
9020	9020	SUBCHAPTER F. TAXES
9021	9021	Sec. 1111.251. IMPOSITION OF AD VALOREM TAX
9022	9022	Sec. 1111.252. TAX RATE
9023	9023	Sec. 1111.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
9024	9024	ASSESSOR-COLLECTOR
9025	9025	Sec. 1111.254. ASSESSMENT AND COLLECTION BY DISTRICT
9026	9026	TAX ASSESSOR-COLLECTOR
9027	9027	CHAPTER 1111. WALKER COUNTY HOSPITAL DISTRICT
9028	9028	SUBCHAPTER A. GENERAL PROVISIONS
9029	9029	Sec. 1111.001. DEFINITIONS. In this chapter:
9030	9030	(1) "Board" means the board of hospital managers of
9031	9031	the district.
9032	9032	(2) "District" means the Walker County Hospital
9033	9033	District of Walker County, Texas.
9034	9034	(3) "Manager" means a member of the board. (New.)
9035	9035	Sec. 1111.002. AUTHORITY FOR CREATION. The Walker County
9036	9036	Hospital District of Walker County, Texas, is created under the
9037	9037	authority of Section 9, Article IX, Texas Constitution. (Acts 62nd
9038	9038	Leg., R.S., Ch. 848, Sec. 1 (part).)
9039	9039	Sec. 1111.003. POLITICAL SUBDIVISION. The district is a
9040	9040	political subdivision of this state. (Acts 62nd Leg., R.S., Ch.
9041	9041	848, Sec. 14 (part).)
9042	9042	Sec. 1111.004. DISTRICT TERRITORY. The boundaries of the
9043	9043	district are coextensive with the boundaries of Walker County,
9044	9044	Texas. (Acts 62nd Leg., R.S., Ch. 848, Sec. 1 (part).)
9045	9045	Sec. 1111.005. CORRECTION OF INVALID PROCEDURES. If a
9046	9046	court holds that any procedure under this chapter violates the
9047	9047	constitution of this state or of the United States, the district by
9048	9048	resolution may provide an alternative procedure that conforms with
9049	9049	the constitution. (Acts 62nd Leg., R.S., Ch. 848, Sec. 16 (part).)
9050	9050	Sec. 1111.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
9051	9051	OBLIGATION. The support and maintenance of the district's hospital
9052	9052	system may not become a charge against or obligation of this state.
9053	9053	(Acts 62nd Leg., R.S., Ch. 848, Sec. 6 (part).)
9054	9054	[Sections 1111.007-1111.050 reserved for expansion]
9055	9055	SUBCHAPTER B. DISTRICT ADMINISTRATION
9056	9056	Sec. 1111.051. BOARD ELECTION; TERM. (a) The board
9057	9057	consists of five elected managers.
9058	9058	(b) Unless four-year terms are established under Section
9059	9059	285.081, Health and Safety Code, managers serve staggered two-year
9060	9060	terms with the terms of two or three managers expiring each year as
9061	9061	appropriate. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(b) (part).)
9062	9062	Sec. 1111.052. NOTICE OF ELECTION. At least 10 days before
9063	9063	the date of a managers' election, notice of the election must be
9064	9064	published one time in a newspaper of general circulation in Walker
9065	9065	County. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(b) (part).)
9066	9066	Sec. 1111.053. REQUEST TO APPEAR ON BALLOT. A person who
9067	9067	wants to have the person's name printed on the ballot as a candidate
9068	9068	for manager must file a written request with the board secretary.
9069	9069	The request must be:
9070	9070	(1) signed by at least 20 district voters; and
9071	9071	(2) filed by the deadline imposed by Section 144.005,
9072	9072	Election Code. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(b) (part).)
9073	9073	Sec. 1111.054. QUALIFICATIONS FOR OFFICE. A person may not
9074	9074	serve as a manager unless the person is:
9075	9075	(1) a resident of the district; and
9076	9076	(2) at least 18 years of age. (Acts 62nd Leg., R.S.,
9077	9077	Ch. 848, Sec. 4(b) (part).)
9078	9078	Sec. 1111.055. BOND; RECORD OF BOND AND OATH. (a) Each
9079	9079	manager shall execute a good and sufficient bond for $5,000 that is:
9080	9080	(1) approved by the board;
9081	9081	(2) payable to the district; and
9082	9082	(3) conditioned on the faithful performance of the
9083	9083	manager's duties.
9084	9084	(b) Each manager's bond and constitutional oath of office
9085	9085	must be kept in the district's permanent records. (Acts 62nd Leg.,
9086	9086	R.S., Ch. 848, Sec. 4(b) (part).)
9087	9087	Sec. 1111.056. OFFICERS. (a) The board shall select from
9088	9088	among the managers a presiding officer.
9089	9089	(b) A presiding officer pro tem shall preside in the absence
9090	9090	of the presiding officer.
9091	9091	(c) The district administrator or any manager may be
9092	9092	appointed secretary. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(e)
9093	9093	(part).)
9094	9094	Sec. 1111.057. OFFICE; MEETINGS. (a) The board:
9095	9095	(1) shall establish an office and meeting place in the
9096	9096	district;
9097	9097	(2) shall establish regular meetings to conduct
9098	9098	district business; and
9099	9099	(3) may hold special meetings at other times as
9100	9100	district business requires.
9101	9101	(b) Except as provided by this section, Chapter 551,
9102	9102	Government Code, applies to board meetings.
9103	9103	(c) If there is an emergency or urgent public necessity,
9104	9104	posting of notice of a board meeting is not required.
9105	9105	(d) Failure to post notice does not affect the validity of
9106	9106	an action taken at a regular board meeting. Failure to post notice
9107	9107	may affect the validity of an action taken at a special meeting
9108	9108	unless the board declares, by an action taken at the special
9109	9109	meeting, that an emergency exists.
9110	9110	(e) Any interested person may attend a board meeting. (Acts
9111	9111	62nd Leg., R.S., Ch. 848, Sec. 4(e) (part).)
9112	9112	Sec. 1111.058. RECORDS OF PROCEEDINGS. (a) The board shall
9113	9113	require the board secretary to keep suitable records of all
9114	9114	proceedings of each board meeting.
9115	9115	(b) After each meeting:
9116	9116	(1) the manager presiding at the meeting shall read
9117	9117	and sign the record; and
9118	9118	(2) the board secretary shall attest the record.
9119	9119	(Acts 62nd Leg., R.S., Ch. 848, Sec. 4(e) (part).)
9120	9120	Sec. 1111.059. DISTRICT ADMINISTRATOR. (a) The board may
9121	9121	appoint a qualified person as district administrator.
9122	9122	(b) The district administrator serves at the will of the
9123	9123	board and receives the compensation determined by the board.
9124	9124	(c) Before assuming the duties of district administrator,
9125	9125	the administrator must execute a bond payable to the district in an
9126	9126	amount of not less than $10,000 that:
9127	9127	(1) is conditioned on the administrator performing
9128	9128	well and faithfully the administrator's required duties; and
9129	9129	(2) contains any other condition the board requires.
9130	9130	(Acts 62nd Leg., R.S., Ch. 848, Sec. 4(c) (part).)
9131	9131	Sec. 1111.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
9132	9132	Subject to any limitations prescribed by the board, the district
9133	9133	administrator shall:
9134	9134	(1) supervise the work and activities of the district;
9135	9135	and
9136	9136	(2) direct the affairs of the district. (Acts 62nd
9137	9137	Leg., R.S., Ch. 848, Sec. 4(c) (part).)
9138	9138	Sec. 1111.061. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
9139	9139	board may:
9140	9140	(1) appoint to the staff any doctors and employ any
9141	9141	technicians, nurses, and other employees considered necessary for
9142	9142	the efficient operation of the district; and
9143	9143	(2) provide that the district administrator has the
9144	9144	authority to employ district employees, including technicians and
9145	9145	nurses.
9146	9146	(b) The district may employ fiscal agents, accountants,
9147	9147	architects, and attorneys the board considers proper. (Acts 62nd
9148	9148	Leg., R.S., Ch. 848, Secs. 4(c) (part), 8.)
9149	9149	Sec. 1111.062. RETIREMENT PROGRAM. The board may contract
9150	9150	with this state or the federal government as necessary to establish
9151	9151	or continue a retirement program for the benefit of district
9152	9152	employees. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(c) (part).)
9153	9153	Sec. 1111.063. SEAL. The board shall have a seal engraved
9154	9154	with the district's name to authenticate the board's acts. The
9155	9155	board secretary shall keep the seal. (Acts 62nd Leg., R.S., Ch.
9156	9156	848, Sec. 4(e) (part).)
9157	9157	[Sections 1111.064-1111.100 reserved for expansion]
9158	9158	SUBCHAPTER C. POWERS AND DUTIES
9159	9159	Sec. 1111.101. DISTRICT RESPONSIBILITY. The district has
9160	9160	full responsibility for providing hospital care for the district's
9161	9161	needy inhabitants. (Acts 62nd Leg., R.S., Ch. 848, Sec. 2 (part).)
9162	9162	Sec. 1111.102. RESTRICTION ON POLITICAL SUBDIVISION
9163	9163	TAXATION AND DEBT. A political subdivision in Walker County, other
9164	9164	than the district, may not impose a tax or issue bonds or other
9165	9165	obligations for hospital purposes or to provide medical care in the
9166	9166	district. (Acts 62nd Leg., R.S., Ch. 848, Sec. 2 (part).)
9167	9167	Sec. 1111.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
9168	9168	The board shall manage, control, and administer the district's
9169	9169	hospitals and hospital system. (Acts 62nd Leg., R.S., Ch. 848, Sec.
9170	9170	4(c) (part).)
9171	9171	Sec. 1111.104. HOSPITAL SYSTEM. (a) The district shall
9172	9172	provide for:
9173	9173	(1) the establishment of a hospital or hospital system
9174	9174	in the district to furnish hospital care to district residents by:
9175	9175	(A) purchasing, constructing, acquiring,
9176	9176	repairing, or renovating buildings and improvements; and
9177	9177	(B) equipping the buildings and improvements;
9178	9178	and
9179	9179	(2) the administration of the hospital system for
9180	9180	hospital purposes.
9181	9181	(b) The board shall determine the type, number, and location
9182	9182	of buildings required to maintain an adequate hospital system.
9183	9183	(c) The hospital system may include:
9184	9184	(1) domiciliary hospital care of the sick or injured;
9185	9185	(2) outpatient clinics;
9186	9186	(3) dispensaries;
9187	9187	(4) geriatric domiciliary care;
9188	9188	(5) convalescent home facilities;
9189	9189	(6) necessary nurses;
9190	9190	(7) domiciliaries and training centers;
9191	9191	(8) blood banks;
9192	9192	(9) community health centers;
9193	9193	(10) research centers or laboratories; and
9194	9194	(11) any other facilities the board considers
9195	9195	necessary for hospital care. (Acts 62nd Leg., R.S., Ch. 848, Secs.
9196	9196	2 (part), 4(d) (part).)
9197	9197	Sec. 1111.105. RULES. The district through the board may
9198	9198	adopt rules for the operation of the district. (Acts 62nd Leg.,
9199	9199	R.S., Ch. 848, Sec. 4(c) (part).)
9200	9200	Sec. 1111.106. EMINENT DOMAIN. (a) The district may
9201	9201	exercise the power of eminent domain to acquire a fee simple or
9202	9202	other interest in any type of property, real, personal, or mixed,
9203	9203	located in district territory, if the interest is necessary or
9204	9204	convenient to exercise a right, power, privilege, or function
9205	9205	conferred on the district by this chapter.
9206	9206	(b) The district must exercise the power of eminent domain
9207	9207	in the manner provided by Chapter 21, Property Code, except the
9208	9208	district is not required to deposit in the trial court money or a
9209	9209	bond as provided by Section 21.021(a), Property Code.
9210	9210	(c) In a condemnation proceeding brought by the district,
9211	9211	the district is not required to:
9212	9212	(1) pay in advance or provide a bond or other security
9213	9213	for costs in the trial court;
9214	9214	(2) provide a bond for the issuance of a temporary
9215	9215	restraining order or a temporary injunction; or
9216	9216	(3) provide a bond for costs or a supersedeas bond on
9217	9217	an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 848,
9218	9218	Sec. 10.)
9219	9219	Sec. 1111.107. GIFTS AND ENDOWMENTS. The board may accept
9220	9220	for the district a gift or endowment to be held in trust and
9221	9221	administered by the board for the purposes and under any
9222	9222	directions, limitations, or other provisions prescribed in writing
9223	9223	by the donor that are not inconsistent with the proper management
9224	9224	and objectives of the district. (Acts 62nd Leg., R.S., Ch. 848,
9225	9225	Sec. 15.)
9226	9226	Sec. 1111.108. LEASES. (a) The district through the board
9227	9227	may lease all or part of the buildings and facilities comprising the
9228	9228	hospital system to any person on terms considered to be in the
9229	9229	district's best interest. The term of a lease may not exceed 40
9230	9230	years.
9231	9231	(b) When leasing a building or other facility, the board may
9232	9232	delegate as it considers appropriate the board's power to manage,
9233	9233	control, and administer the leased buildings and facilities to
9234	9234	furnish hospital care.
9235	9235	(c) If all or part of a district building or other facility
9236	9236	is leased, the board shall provide that the lessee charges
9237	9237	sufficient rates for services rendered or goods provided at the
9238	9238	leased premise that together with other sources of the lessee's
9239	9239	revenue produce an amount sufficient to enable the lessee to pay the
9240	9240	expenses of operating and maintaining the leased premise as the
9241	9241	lessee is required to pay under the lease. The rates also must
9242	9242	enable the lessee to pay lease rentals to the district that will be
9243	9243	sufficient, when taken with any other source of the district's
9244	9244	estimated revenue that are pledged for the same purpose, to:
9245	9245	(1) pay the interest on any revenue or special
9246	9246	obligation bonds that are payable wholly or partly from the lease
9247	9247	rentals;
9248	9248	(2) create and maintain a sinking fund to pay the
9249	9249	principal of and any premium on the bonds as they become due;
9250	9250	(3) create and maintain a bond reserve fund and any
9251	9251	other fund required by the bond resolution or trust indenture
9252	9252	authorizing the issuance of the bonds; and
9253	9253	(4) pay all other charges, fees, costs, and expenses
9254	9254	that the lessee is required to pay under the resolution or
9255	9255	indenture.
9256	9256	(d) The lease, management agreement, bond resolution, or
9257	9257	trust indenture may prescribe systems, methods, routines,
9258	9258	procedures, and policies for the operation of the buildings and
9259	9259	other facilities owned by the district. If all or part of the
9260	9260	district's buildings or other facilities are leased, the district
9261	9261	may delegate to the lessee the duty to establish the systems,
9262	9262	methods, routines, procedures, and policies for the operation of
9263	9263	the leased premise. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(d)
9264	9264	(part).)
9265	9265	Sec. 1111.109. OPERATING AND MANAGEMENT CONTRACTS. The
9266	9266	district through the board may:
9267	9267	(1) enter into an operating or management contract
9268	9268	with any person regarding any district hospital or any part of the
9269	9269	district hospital system; and
9270	9270	(2) delegate to the person the power to:
9271	9271	(A) manage and operate the hospital or hospital
9272	9272	system or a portion of the hospital or hospital system; and
9273	9273	(B) employ and discharge employees or appoint and
9274	9274	remove doctors from the staff. (Acts 62nd Leg., R.S., Ch. 848, Sec.
9275	9275	4(d) (part).)
9276	9276	Sec. 1111.110. CONTRACTS FOR CARE. The board may contract
9277	9277	with any lessee of the district's hospitals or any other person to
9278	9278	provide hospital care to needy district inhabitants for the
9279	9279	payments and terms and under the conditions the board considers to
9280	9280	be in the district's best interests. (Acts 62nd Leg., R.S., Ch.
9281	9281	848, Sec. 4(c) (part).)
9282	9282	Sec. 1111.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
9283	9283	HOSPITALIZATION. (a) The board may contract with a county or
9284	9284	municipality located outside the district's boundaries for the
9285	9285	hospitalization of a sick or injured person of that county or
9286	9286	municipality.
9287	9287	(b) The board may contract with this state or a federal
9288	9288	agency for the hospitalization of a sick or injured person. (Acts
9289	9289	62nd Leg., R.S., Ch. 848, Sec. 4(c) (part).)
9290	9290	Sec. 1111.112. DISPOSITION OF PROPERTY. The district may
9291	9291	sell or otherwise dispose of any property, including equipment, on
9292	9292	terms the board finds are in the district's best interest. (Acts
9293	9293	62nd Leg., R.S., Ch. 848, Sec. 4(d) (part).)
9294	9294	Sec. 1111.113. AUTHORITY TO SUE AND BE SUED. As a
9295	9295	governmental agency, the district, through the board, may sue and
9296	9296	be sued in the district's own name in any court of this state. (Acts
9297	9297	62nd Leg., R.S., Ch. 848, Secs. 4(c) (part), 14 (part).)
9298	9298	[Sections 1111.114-1111.150 reserved for expansion]
9299	9299	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9300	9300	Sec. 1111.151. DEPOSITORY. (a) The board by resolution
9301	9301	shall designate a bank in Walker County as the district's
9302	9302	depository. A designated bank serves for two years and until a
9303	9303	successor is designated.
9304	9304	(b) All district money shall be secured in the manner
9305	9305	provided for securing county funds. (Acts 62nd Leg., R.S., Ch. 848,
9306	9306	Sec. 9.)
9307	9307	[Sections 1111.152-1111.200 reserved for expansion]
9308	9308	SUBCHAPTER E. BONDS
9309	9309	Sec. 1111.201. GENERAL OBLIGATION BONDS. The board may
9310	9310	issue and sell general obligation bonds in the name and on the faith
9311	9311	and credit of the district for any purpose relating to the purchase,
9312	9312	construction, acquisition, repair, or renovation of buildings or
9313	9313	improvements and equipping buildings or improvements for hospital
9314	9314	purposes. (Acts 62nd Leg., R.S., Ch. 848, Sec. 11(a) (part).)
9315	9315	Sec. 1111.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) An
9316	9316	ad valorem tax shall be imposed at a rate sufficient to create an
9317	9317	interest and sinking fund to pay the principal of and interest on
9318	9318	general obligation bonds issued under Section 1111.201 as the bonds
9319	9319	mature.
9320	9320	(b) The tax required by this section together with any other
9321	9321	ad valorem tax imposed for the district may not in any year exceed
9322	9322	75 cents on each $100 valuation of all taxable property in the
9323	9323	district. (Acts 62nd Leg., R.S., Ch. 848, Sec. 11(a) (part).)
9324	9324	Sec. 1111.203. GENERAL OBLIGATION BOND ELECTION. (a) The
9325	9325	district may issue general obligation bonds only if the bonds are
9326	9326	authorized by a majority of the district voters voting in an
9327	9327	election held for that purpose.
9328	9328	(b) The board may order a bond election on its own motion.
9329	9329	(c) The order calling the election must specify:
9330	9330	(1) the date of the election;
9331	9331	(2) the location of the polling places;
9332	9332	(3) the presiding election officers;
9333	9333	(4) each proposition to be voted on; and
9334	9334	(5) any other matter considered necessary or desirable
9335	9335	by the board.
9336	9336	(d) Notice of a bond election shall be given by publishing a
9337	9337	substantial copy of the order calling the election in a newspaper of
9338	9338	general circulation in the district once each week for two
9339	9339	consecutive weeks. The first publication must occur at least 14
9340	9340	days before the date of the election. (Acts 62nd Leg., R.S., Ch.
9341	9341	848, Secs. 5 (part), 11(a) (part).)
9342	9342	Sec. 1111.204. MATURITY OF GENERAL OBLIGATION BONDS.
9343	9343	District general obligation bonds must mature not later than 40
9344	9344	years after the date of issuance. (Acts 62nd Leg., R.S., Ch. 848,
9345	9345	Sec. 11(a) (part).)
9346	9346	Sec. 1111.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
9347	9347	The board's presiding officer shall execute the general obligation
9348	9348	bonds in the district's name.
9349	9349	(b) The board secretary shall countersign the bonds. (Acts
9350	9350	62nd Leg., R.S., Ch. 848, Sec. 11(a) (part).)
9351	9351	Sec. 1111.206. INVESTMENT OF GENERAL OBLIGATION BOND
9352	9352	PROCEEDS. Until general obligation bond proceeds are needed to
9353	9353	carry out the bond purpose, the proceeds may be:
9354	9354	(1) invested in direct obligations of the United
9355	9355	States; or
9356	9356	(2) placed on time deposit. (Acts 62nd Leg., R.S., Ch.
9357	9357	848, Sec. 11(a) (part).)
9358	9358	Sec. 1111.207. REVENUE AND SPECIAL OBLIGATION BONDS. (a)
9359	9359	The district may, without an election, issue revenue or special
9360	9360	obligation bonds as authorized by the laws of this state relating to
9361	9361	the issuance of revenue or special obligation bonds, including
9362	9362	Sections 264.042-264.049 and 284.031, Health and Safety Code.
9363	9363	(b) Bonds issued under this section may be payable from and
9364	9364	secured by revenue, encumbrances, and mortgages as authorized by
9365	9365	law. Any maintenance and operating expense of the hospital system
9366	9366	that is charged against the revenue of the system may include only
9367	9367	items set forth and defined in the proceedings authorizing the bond
9368	9368	issuance. (Acts 62nd Leg., R.S., Ch. 848, Sec. 11(b).)
9369	9369	[Sections 1111.208-1111.250 reserved for expansion]
9370	9370	SUBCHAPTER F. TAXES
9371	9371	Sec. 1111.251. IMPOSITION OF AD VALOREM TAX. (a) The board
9372	9372	shall impose a tax on all taxable property in the district subject
9373	9373	to district taxation.
9374	9374	(b) The tax shall be imposed for and may be pledged to:
9375	9375	(1) meet the requirements of district bonds and
9376	9376	indebtedness assumed by the district;
9377	9377	(2) provide for the district's maintenance and
9378	9378	operating expenses, including the costs or contract payments for
9379	9379	hospital care for needy district inhabitants;
9380	9380	(3) make improvements and additions to the district's
9381	9381	hospitals or hospital system; and
9382	9382	(4) acquire necessary sites for the hospitals or
9383	9383	hospital system by gift, purchase, lease, or condemnation. (Acts
9384	9384	62nd Leg., R.S., Ch. 848, Secs. 6 (part), 7 (part).)
9385	9385	Sec. 1111.252. TAX RATE. The board shall impose the tax at
9386	9386	a rate not to exceed 75 cents on each $100 valuation of all taxable
9387	9387	property in the district. (Acts 62nd Leg., R.S., Ch. 848, Sec. 6
9388	9388	(part).)
9389	9389	Sec. 1111.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
9390	9390	ASSESSOR-COLLECTOR. Unless the board elects to have taxes assessed
9391	9391	and collected by its own tax assessor-collector under Section
9392	9392	1111.254, the tax assessor-collector of Walker County shall assess
9393	9393	and collect taxes imposed by and for the district. (Acts 62nd Leg.,
9394	9394	R.S., Ch. 848, Secs. 7 (part), 7(a) (part).)
9395	9395	Sec. 1111.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
9396	9396	ASSESSOR-COLLECTOR. (a) The board by majority vote may elect to
9397	9397	have district taxes assessed and collected by a tax
9398	9398	assessor-collector appointed by the board. An election under this
9399	9399	subsection must be made before December 1 and governs the manner in
9400	9400	which taxes are assessed and collected, until changed by the board.
9401	9401	(b) The district tax assessor-collector must:
9402	9402	(1) reside in the district; and
9403	9403	(2) own real property subject to district taxation.
9404	9404	(c) The board shall prescribe the district tax
9405	9405	assessor-collector's term of employment and compensation. (Acts
9406	9406	62nd Leg., R.S., Ch. 848, Secs. 7 (part), 7(b) (part).)
9407	9407	SECTION 1.02. Subtitle E, Title 6, Special District Local
9408	9408	Laws Code, is amended by adding Chapters 7806 and 7807 to read as follows:
9409	9409	CHAPTER 7806. NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT
9410	9410	SUBCHAPTER A. GENERAL PROVISIONS
9411	9411	Sec. 7806.001. DEFINITIONS
9412	9412	Sec. 7806.002. NATURE OF DISTRICT; POLITICAL
9413	9413	SUBDIVISION
9414	9414	Sec. 7806.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
9415	9415	Sec. 7806.004. DISTRICT TERRITORY
9416	9416	[Sections 7806.005-7806.050 reserved for expansion]
9417	9417	SUBCHAPTER B. DISTRICT ADMINISTRATION
9418	9418	Sec. 7806.051. COMPOSITION OF BOARD
9419	9419	Sec. 7806.052. ELIGIBILITY
9420	9420	Sec. 7806.053. BOARD VACANCY
9421	9421	Sec. 7806.054. OFFICERS
9422	9422	Sec. 7806.055. COMPENSATION
9423	9423	Sec. 7806.056. MEETINGS
9424	9424	[Sections 7806.057-7806.100 reserved for expansion]
9425	9425	SUBCHAPTER C. POWERS AND DUTIES
9426	9426	Sec. 7806.101. LEVEE IMPROVEMENT DISTRICT POWERS
9427	9427	Sec. 7806.102. RECLAMATION AND DRAINAGE
9428	9428	Sec. 7806.103. ANNEXATION OR EXCLUSION OF LAND
9429	9429	Sec. 7806.104. COST OF RELOCATING OR ALTERING PROPERTY
9430	9430	Sec. 7806.105. DISTRICT ELECTIONS
9431	9431	[Sections 7806.106-7806.150 reserved for expansion]
9432	9432	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9433	9433	Sec. 7806.151. TAX METHOD
9434	9434	Sec. 7806.152. TAX ASSESSMENT AND COLLECTION
9435	9435	Sec. 7806.153. DEPOSITORY
9436	9436	Sec. 7806.154. INVESTMENT OF DISTRICT MONEY
9437	9437	Sec. 7806.155. EXPENDITURES
9438	9438	[Sections 7806.156-7806.200 reserved for expansion]
9439	9439	SUBCHAPTER E. BONDS
9440	9440	Sec. 7806.201. AUTHORITY TO ISSUE BONDS
9441	9441	Sec. 7806.202. ELECTION REQUIRED
9442	9442	CHAPTER 7806. NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT
9443	9443	SUBCHAPTER A. GENERAL PROVISIONS
9444	9444	Sec. 7806.001. DEFINITIONS. In this chapter:
9445	9445	(1) "Board" means the district's board of directors.
9446	9446	(2) "Director" means a member of the board.
9447	9447	(3) "District" means the Northwest Dallas County Flood
9448	9448	Control District. (Acts 69th Leg., R.S., Ch. 472, Sec. 2; New.)
9449	9449	Sec. 7806.002. NATURE OF DISTRICT; POLITICAL SUBDIVISION.
9450	9450	The district is:
9451	9451	(1) a conservation and reclamation district created
9452	9452	under Section 59, Article XVI, Texas Constitution; and
9453	9453	(2) a political subdivision of this state. (Acts 69th
9454	9454	Leg., R.S., Ch. 472, Sec. 1 (part).)
9455	9455	Sec. 7806.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
9456	9456	The district is created to serve a public use and benefit.
9457	9457	(b) All land and other property included in the district's
9458	9458	boundaries will benefit from the works and projects of the
9459	9459	district.
9460	9460	(c) The creation of the district will accomplish the
9461	9461	purposes of Section 59, Article XVI, Texas Constitution. (Acts
9462	9462	69th Leg., R.S., Ch. 472, Sec. 4 (part).)
9463	9463	Sec. 7806.004. DISTRICT TERRITORY. (a) The district is
9464	9464	composed of the territory described by Section 3, Chapter 472, Acts
9465	9465	of the 69th Legislature, Regular Session, 1985, as that territory
9466	9466	may have been modified under:
9467	9467	(1) Section 7806.103 of this chapter or its
9468	9468	predecessor statute, former Section 14, Chapter 472, Acts of the
9469	9469	69th Legislature, Regular Session, 1985;
9470	9470	(2) Subchapter J, Chapter 49, Water Code; or
9471	9471	(3) other law.
9472	9472	(b) The boundaries of the district form a closure. A
9473	9473	mistake in the description of the district's boundaries does not
9474	9474	affect:
9475	9475	(1) the district's organization, existence, or
9476	9476	validity; or
9477	9477	(2) the exercise of a power, function, or purpose
9478	9478	under this chapter. (Acts 69th Leg., R.S., Ch. 472, Sec. 4 (part);
9479	9479	New.)
9480	9480	[Sections 7806.005-7806.050 reserved for expansion]
9481	9481	SUBCHAPTER B. DISTRICT ADMINISTRATION
9482	9482	Sec. 7806.051. COMPOSITION OF BOARD. The district is
9483	9483	governed by a board of three elected directors. (Acts 69th Leg.,
9484	9484	R.S., Ch. 472, Secs. 9(a), (g) (part).)
9485	9485	Sec. 7806.052. ELIGIBILITY. To serve as a director, a
9486	9486	person must:
9487	9487	(1) own taxable property in the district; or
9488	9488	(2) be a resident of the district. (Acts 69th Leg.,
9489	9489	R.S., Ch. 472, Sec. 9(b).)
9490	9490	Sec. 7806.053. BOARD VACANCY. A vacancy on the board shall
9491	9491	be filled by the remaining directors for the unexpired term. (Acts
9492	9492	69th Leg., R.S., Ch. 472, Sec. 9(l).)
9493	9493	Sec. 7806.054. OFFICERS. (a) The board shall elect a
9494	9494	president, a vice president, and a secretary-treasurer at the first
9495	9495	board meeting after each directors' election.
9496	9496	(b) The secretary-treasurer:
9497	9497	(1) is the custodian of district records; and
9498	9498	(2) shall attest to all legal documents executed by
9499	9499	the district.
9500	9500	(c) The board may employ an assistant secretary to act in
9501	9501	the absence of the secretary. (Acts 69th Leg., R.S., Ch. 472, Sec.
9502	9502	9(n) (part).)
9503	9503	Sec. 7806.055. COMPENSATION. Unless the board by
9504	9504	resolution increases the fee to an amount authorized by Section
9505	9505	49.060, Water Code, each director is entitled to receive $50 for
9506	9506	each day the director is actually engaged in duties for the
9507	9507	district, but not more than $200 in any month. (Acts 69th Leg.,
9508	9508	R.S., Ch. 472, Sec. 9(i) (part); New.)
9509	9509	Sec. 7806.056. MEETINGS. (a) The board shall:
9510	9510	(1) establish a regular meeting time and place; and
9511	9511	(2) publish notice of the meeting time and place in a
9512	9512	newspaper with general circulation in the district.
9513	9513	(b) The board by order may change the meeting time and place
9514	9514	if the board gives notice as provided by this section. (Acts 69th
9515	9515	Leg., R.S., Ch. 472, Sec. 9(m).)
9516	9516	[Sections 7806.057-7806.100 reserved for expansion]
9517	9517	SUBCHAPTER C. POWERS AND DUTIES
9518	9518	Sec. 7806.101. LEVEE IMPROVEMENT DISTRICT POWERS. The
9519	9519	district may exercise all of the rights, powers, privileges, and
9520	9520	functions conferred or imposed by the general law of this state
9521	9521	applicable to a levee improvement district created under Section
9522	9522	59, Article XVI, Texas Constitution, including those provided by
9523	9523	Chapters 49 and 57, Water Code. (Acts 69th Leg., R.S., Ch. 472,
9524	9524	Sec. 5(a) (part); New.)
9525	9525	Sec. 7806.102. RECLAMATION AND DRAINAGE. (a) The district
9526	9526	may purchase, acquire, construct, own, operate, maintain, repair,
9527	9527	rebuild, add to, and make improvements to any works, materials,
9528	9528	facilities, plants, equipment, and improvements necessary,
9529	9529	helpful, or incident to the reclamation of land in the district and
9530	9530	for the proper drainage of land in the district.
9531	9531	(b) To accomplish the purposes of Subsection (a), the
9532	9532	district may issue bonds and notes, enter into contracts, or incur
9533	9533	obligations in the manner provided by this chapter. (Acts 69th
9534	9534	Leg., R.S., Ch. 472, Sec. 6.)
9535	9535	Sec. 7806.103. ANNEXATION OR EXCLUSION OF LAND. (a) The
9536	9536	district may annex land to or may, before holding a bond election,
9537	9537	exclude land from the district in accordance with Subchapter J,
9538	9538	Chapter 49, or Subchapter H, Chapter 54, Water Code.
9539	9539	(b) The district is not required to hold an exclusion
9540	9540	hearing unless the board determines the hearing should be held.
9541	9541	(Acts 69th Leg., R.S., Ch. 472, Sec. 14; New.)
9542	9542	Sec. 7806.104. COST OF RELOCATING OR ALTERING PROPERTY. If
9543	9543	the district's exercise of the powers granted under this chapter
9544	9544	makes necessary the relocating, raising, rerouting, changing the
9545	9545	grade of, or altering the construction of any highway, railroad,
9546	9546	electric transmission or distribution line, pipeline, or telephone
9547	9547	or telegraph properties or facilities, the district shall pay all
9548	9548	of the actual cost of:
9549	9549	(1) the relocating, raising, rerouting, changing in
9550	9550	grade, or altering of construction; and
9551	9551	(2) providing comparable replacement of facilities
9552	9552	without enhancement, less the net salvage value of the facilities.
9553	9553	(Acts 69th Leg., R.S., Ch. 472, Sec. 16.)
9554	9554	Sec. 7806.105. DISTRICT ELECTIONS. (a) Notice of an
9555	9555	election must be published once a week for two consecutive weeks in
9556	9556	a newspaper with general circulation in the district, with the
9557	9557	first publication occurring at least 14 days before the date of the
9558	9558	election.
9559	9559	(b) A bond or maintenance tax election may be held at the
9560	9560	same time. (Acts 69th Leg., R.S., Ch. 472, Secs. 10(a), (b)
9561	9561	(part).)
9562	9562	[Sections 7806.106-7806.150 reserved for expansion]
9563	9563	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9564	9564	Sec. 7806.151. TAX METHOD. (a) The district shall use the
9565	9565	ad valorem plan of taxation.
9566	9566	(b) The board is not required to hold a hearing on the
9567	9567	adoption of a plan of taxation. (Acts 69th Leg., R.S., Ch. 472,
9568	9568	Sec. 8.)
9569	9569	Sec. 7806.152. TAX ASSESSMENT AND COLLECTION. The district
9570	9570	may:
9571	9571	(1) employ a tax collector; or
9572	9572	(2) contract with any qualified person to assess and
9573	9573	collect taxes for the district. (Acts 69th Leg., R.S., Ch. 472,
9574	9574	Secs. 9(o) (part), 13(b).)
9575	9575	Sec. 7806.153. DEPOSITORY. The board may select one or more
9576	9576	depositories. (Acts 69th Leg., R.S., Ch. 472, Sec. 9(o) (part).)
9577	9577	Sec. 7806.154. INVESTMENT OF DISTRICT MONEY. District
9578	9578	money may be invested by the board or the board's designee under
9579	9579	Subchapter E, Chapter 49, Water Code. (Acts 69th Leg., R.S., Ch.
9580	9580	472, Sec. 9(p).)
9581	9581	Sec. 7806.155. EXPENDITURES. An expenditure of the
9582	9582	district must be made by check signed by two directors. (Acts 69th
9583	9583	Leg., R.S., Ch. 472, Sec. 9(q).)
9584	9584	[Sections 7806.156-7806.200 reserved for expansion]
9585	9585	SUBCHAPTER E. BONDS
9586	9586	Sec. 7806.201. AUTHORITY TO ISSUE BONDS. (a) The board may
9587	9587	issue bonds or notes of the district for any authorized purpose or
9588	9588	combination of purposes under Chapter 54, Water Code.
9589	9589	(b) Sections 49.181 and 49.182, Water Code, do not apply to
9590	9590	the district. (Acts 69th Leg., R.S., Ch. 472, Sec. 11(a).)
9591	9591	Sec. 7806.202. ELECTION REQUIRED. The district may not
9592	9592	issue bonds, except refunding bonds, secured wholly or partly by
9593	9593	the imposition of ad valorem taxes unless the issuance is
9594	9594	authorized by a majority of the district voters voting at an
9595	9595	election called for that purpose. (Acts 69th Leg., R.S., Ch. 472, Sec. 11(b).)
9596	9596	CHAPTER 7807. VALWOOD IMPROVEMENT AUTHORITY OF DALLAS COUNTY, TEXAS
9597	9597	SUBCHAPTER A. GENERAL PROVISIONS
9598	9598	Sec. 7807.001. DEFINITIONS
9599	9599	Sec. 7807.002. NATURE OF DISTRICT
9600	9600	Sec. 7807.003. DISSOLUTION AND ABOLITION OF DISTRICT
9601	9601	Sec. 7807.004. LIBERAL CONSTRUCTION OF CHAPTER
9602	9602	[Sections 7807.005-7807.050 reserved for expansion]
9603	9603	SUBCHAPTER B. DISTRICT ADMINISTRATION
9604	9604	Sec. 7807.051. COMPOSITION OF BOARD; TERMS
9605	9605	Sec. 7807.052. QUALIFICATIONS FOR OFFICE
9606	9606	Sec. 7807.053. DIRECTOR'S BOND
9607	9607	Sec. 7807.054. BOARD VACANCY
9608	9608	Sec. 7807.055. OFFICERS AND ASSISTANTS
9609	9609	Sec. 7807.056. SECRETARY'S DUTIES
9610	9610	Sec. 7807.057. COMPENSATION
9611	9611	Sec. 7807.058. BOARD PROCEDURES
9612	9612	Sec. 7807.059. MEETING PLACE
9613	9613	[Sections 7807.060-7807.100 reserved for expansion]
9614	9614	SUBCHAPTER C. POWERS AND DUTIES
9615	9615	Sec. 7807.101. LEVEE IMPROVEMENT DISTRICT POWERS
9616	9616	Sec. 7807.102. EXCLUSION OR ANNEXATION OF LAND
9617	9617	Sec. 7807.103. EMINENT DOMAIN
9618	9618	Sec. 7807.104. COST OF RELOCATING OR ALTERING PROPERTY
9619	9619	Sec. 7807.105. CONTRACTS FOR FACILITIES AND
9620	9620	IMPROVEMENTS; ELECTION NOT REQUIRED
9621	9621	Sec. 7807.106. CONSTRUCTION CONTRACTS: MUNICIPAL
9622	9622	APPROVAL REQUIRED
9623	9623	Sec. 7807.107. CONSTRUCTION CONTRACTS: AWARD
9624	9624	Sec. 7807.108. CONSTRUCTION CONTRACTS: EXECUTION AND
9625	9625	AVAILABILITY
9626	9626	Sec. 7807.109. CONSTRUCTION CONTRACTS: PAYMENT
9627	9627	Sec. 7807.110. FLOOD HAZARD AREAS
9628	9628	Sec. 7807.111. SETBACK LINES
9629	9629	Sec. 7807.112. DISTRICT ELECTIONS
9630	9630	[Sections 7807.113-7807.150 reserved for expansion]
9631	9631	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9632	9632	Sec. 7807.151. TAX METHOD
9633	9633	Sec. 7807.152. TAX ASSESSOR AND COLLECTOR
9634	9634	Sec. 7807.153. DEPOSITORY
9635	9635	Sec. 7807.154. INVESTMENT OF DISTRICT MONEY
9636	9636	[Sections 7807.155-7807.200 reserved for expansion]
9637	9637	SUBCHAPTER E. BONDS
9638	9638	Sec. 7807.201. AUTHORITY TO ISSUE BONDS
9639	9639	Sec. 7807.202. FORM OF BONDS
9640	9640	Sec. 7807.203. MATURITY
9641	9641	Sec. 7807.204. ELECTION REQUIRED
9642	9642	Sec. 7807.205. USE OF BOND PROCEEDS
9643	9643	Sec. 7807.206. TAXES FOR BONDS
9644	9644	Sec. 7807.207. BOND ANTICIPATION NOTES AND PRELIMINARY
9645	9645	BONDS
9646	9646	Sec. 7807.208. REFUNDING BONDS
9647	9647	CHAPTER 7807. VALWOOD IMPROVEMENT AUTHORITY OF DALLAS COUNTY, TEXAS
9648	9648	SUBCHAPTER A. GENERAL PROVISIONS
9649	9649	Sec. 7807.001. DEFINITIONS. In this chapter:
9650	9650	(1) "Board" means the district's board of directors.
9651	9651	(2) "Director" means a member of the board.
9652	9652	(3) "District" means the Valwood Improvement
9653	9653	Authority of Dallas County, Texas. (Acts 64th Leg., R.S., Ch. 201,
9654	9654	Sec. 2; New.)
9655	9655	Sec. 7807.002. NATURE OF DISTRICT. The district is a
9656	9656	conservation and reclamation district established under Section
9657	9657	59, Article XVI, Texas Constitution. (Acts 64th Leg., R.S., Ch.
9658	9658	201, Sec. 1 (part).)
9659	9659	Sec. 7807.003. DISSOLUTION AND ABOLITION OF DISTRICT. The
9660	9660	Cities of Carrollton and Farmers Branch, and any other municipality
9661	9661	in which the district is located, may dissolve and abolish the
9662	9662	district at the municipalities' discretion on written notice of the
9663	9663	dissolution and abolition to the board, in the same manner and on
9664	9664	the same terms and obligations as prescribed by Section 43.076,
9665	9665	Local Government Code. (Acts 64th Leg., R.S., Ch. 201, Sec. 11.)
9666	9666	Sec. 7807.004. LIBERAL CONSTRUCTION OF CHAPTER. This
9667	9667	chapter shall be liberally construed to effect the purposes,
9668	9668	powers, rights, and functions stated in this chapter. (Acts 71st
9669	9669	Leg., R.S., Ch. 588, Sec. 4 (part).)
9670	9670	[Sections 7807.005-7807.050 reserved for expansion]
9671	9671	SUBCHAPTER B. DISTRICT ADMINISTRATION
9672	9672	Sec. 7807.051. COMPOSITION OF BOARD; TERMS. (a) The board
9673	9673	consists of seven directors.
9674	9674	(b) Directors serve staggered two-year terms and are
9675	9675	appointed as follows:
9676	9676	(1) the Commissioners Court of Dallas County shall
9677	9677	appoint one director to a term expiring each even-numbered year;
9678	9678	(2) the city council of the City of Carrollton shall
9679	9679	appoint one director to a term expiring each even-numbered year and
9680	9680	two directors to terms expiring each odd-numbered year; and
9681	9681	(3) the city council of the City of Farmers Branch
9682	9682	shall appoint one director to a term expiring each even-numbered
9683	9683	year and two directors to terms expiring each odd-numbered year.
9684	9684	(Acts 64th Leg., R.S., Ch. 201, Sec. 3 (part).)
9685	9685	Sec. 7807.052. QUALIFICATIONS FOR OFFICE. (a) A director
9686	9686	must own land in the district subject to taxation at the time the
9687	9687	person qualifies for office.
9688	9688	(b) Each director must be fully qualified to serve as
9689	9689	director before taking office. (Acts 64th Leg., R.S., Ch. 201, Sec.
9690	9690	3 (part).)
9691	9691	Sec. 7807.053. DIRECTOR'S BOND. (a) Each director shall
9692	9692	qualify by giving bond in the amount of $5,000 for the faithful
9693	9693	performance of the director's duties.
9694	9694	(b) The bond must be:
9695	9695	(1) approved by the board; and
9696	9696	(2) recorded in the official bond records of the
9697	9697	county clerk of Dallas County.
9698	9698	(c) Each director shall file the bond as soon as practicable
9699	9699	after the director's appointment. (Acts 64th Leg., R.S., Ch. 201,
9700	9700	Sec. 3 (part).)
9701	9701	Sec. 7807.054. BOARD VACANCY. (a) Except as provided by
9702	9702	Subsection (b) or (c), a vacancy on the board shall be filled by
9703	9703	appointment to the unexpired term by the governing body that
9704	9704	appointed the director in whose position a vacancy exists.
9705	9705	(b) If under Subsection (a) the governing body does not fill
9706	9706	a vacancy within 60 days after the date the position became vacant,
9707	9707	the unexpired term of the position shall be filled by appointment by
9708	9708	the remaining directors. The Commissioners Court of Dallas County,
9709	9709	after consulting with the Cities of Carrollton and Farmers Branch,
9710	9710	shall appoint directors to fill all vacancies on the board when the
9711	9711	number of directors is fewer than four.
9712	9712	(c) If any director ceases to possess the qualifications
9713	9713	prescribed by Section 7807.052, the remaining directors shall
9714	9714	declare the person's office vacant and appoint a successor. (Acts
9715	9715	64th Leg., R.S., Ch. 201, Sec. 3 (part).)
9716	9716	Sec. 7807.055. OFFICERS AND ASSISTANTS. (a) The board
9717	9717	shall annually elect a president, one or more vice presidents, a
9718	9718	secretary, and a treasurer.
9719	9719	(b) The board may appoint one or more assistant secretaries
9720	9720	and an assistant treasurer. An assistant secretary or assistant
9721	9721	treasurer is not required to be a director. (Acts 64th Leg., R.S.,
9722	9722	Ch. 201, Secs. 3 (part), 4 (part).)
9723	9723	Sec. 7807.056. SECRETARY'S DUTIES. The board secretary or
9724	9724	an assistant secretary shall keep the minutes of the board meetings
9725	9725	and all official records of the board and may certify to any action
9726	9726	the board takes. (Acts 64th Leg., R.S., Ch. 201, Sec. 3 (part).)
9727	9727	Sec. 7807.057. COMPENSATION. Unless the board by
9728	9728	resolution increases the fee to an amount authorized by Section
9729	9729	49.060, Water Code, each director shall receive a per diem payment
9730	9730	of $50, not to exceed a maximum payment of $200 per month. (Acts
9731	9731	64th Leg., R.S., Ch. 201, Sec. 3 (part); New.)
9732	9732	Sec. 7807.058. BOARD PROCEDURES. The board shall designate
9733	9733	the proper execution of all contracts, signing of checks, or
9734	9734	handling of any other matters entered into by the board as shown in
9735	9735	the district's official minutes. (Acts 64th Leg., R.S., Ch. 201,
9736	9736	Sec. 3 (part).)
9737	9737	Sec. 7807.059. MEETING PLACE. (a) The board shall
9738	9738	designate a meeting place or places.
9739	9739	(b) Any meeting place of the district is a public place for
9740	9740	matters pertaining to the district's business.
9741	9741	(c) The board shall give notice of the meeting place and of
9742	9742	any changes in the meeting place by publishing the location in a
9743	9743	newspaper of general circulation in Dallas County. (Acts 64th
9744	9744	Leg., R.S., Ch. 201, Sec. 4 (part).)
9745	9745	[Sections 7807.060-7807.100 reserved for expansion]
9746	9746	SUBCHAPTER C. POWERS AND DUTIES
9747	9747	Sec. 7807.101. LEVEE IMPROVEMENT DISTRICT POWERS. (a) The
9748	9748	district has all of the rights, powers, privileges, and functions
9749	9749	provided by the general law of this state applicable to a levee
9750	9750	improvement district created under the authority of Section 59,
9751	9751	Article XVI, Texas Constitution, including those conferred by
9752	9752	Chapters 49 and 57, Water Code.
9753	9753	(b) In the accomplishment of the district's purposes, the
9754	9754	district may issue bonds, enter into contracts, or incur debt in the
9755	9755	manner prescribed by this chapter. (Acts 64th Leg., R.S., Ch. 201,
9756	9756	Sec. 1 (part); New.)
9757	9757	Sec. 7807.102. EXCLUSION OR ANNEXATION OF LAND. (a) The
9758	9758	board may exclude land from the district or add land to the district
9759	9759	in accordance with Subchapter J, Chapter 49, or Subchapter H,
9760	9760	Chapter 54, Water Code.
9761	9761	(b) Land may not be added to the district until the board has
9762	9762	obtained the written consent of the Cities of Carrollton and
9763	9763	Farmers Branch to approve any petition for annexation. (Acts 64th
9764	9764	Leg., R.S., Ch. 201, Sec. 6.)
9765	9765	Sec. 7807.103. EMINENT DOMAIN. (a) The district may
9766	9766	exercise the power of eminent domain provided by Chapter 49, Water
9767	9767	Code.
9768	9768	(b) The district may not exercise the power of eminent
9769	9769	domain without first obtaining the approval of any municipality in
9770	9770	which the subject property is located. (Acts 64th Leg., R.S., Ch.
9771	9771	201, Sec. 10 (part).)
9772	9772	Sec. 7807.104. COST OF RELOCATING OR ALTERING PROPERTY.
9773	9773	(a) In this section, "sole expense" means the actual cost of
9774	9774	relocating, raising, lowering, rerouting, changing the grade of, or
9775	9775	altering the construction of a facility described by Subsection (b)
9776	9776	in providing comparable replacement without enhancement of the
9777	9777	facility, after deducting from that cost the net salvage value of
9778	9778	the old facility.
9779	9779	(b) If the district's exercise of its power of eminent
9780	9780	domain, police power, or any other power conferred by this chapter
9781	9781	makes necessary the relocation, raising, lowering, rerouting,
9782	9782	changing the grade, or alteration of the construction of a
9783	9783	railroad, an electric transmission, telegraph, or telephone line,
9784	9784	property, or facility, or a pipeline, the necessary action shall be
9785	9785	accomplished at the sole expense of the district. (Acts 64th Leg.,
9786	9786	R.S., Ch. 201, Sec. 10 (part).)
9787	9787	Sec. 7807.105. CONTRACTS FOR FACILITIES AND IMPROVEMENTS;
9788	9788	ELECTION NOT REQUIRED. (a) The district may enter into a contract
9789	9789	with the United States, the City of Carrollton, the City of Farmers
9790	9790	Branch, another public body, or an individual, corporation, or
9791	9791	other entity for the operation and maintenance of or construction
9792	9792	of any facility or improvement authorized by this chapter.
9793	9793	(b) The district is not required to hold an election to
9794	9794	approve a contract described by Subsection (a). (Acts 64th Leg.,
9795	9795	R.S., Ch. 201, Sec. 9(a) (part).)
9796	9796	Sec. 7807.106. CONSTRUCTION CONTRACTS: MUNICIPAL APPROVAL
9797	9797	REQUIRED. Plans and specifications for a construction contract
9798	9798	must be approved, before the contract is awarded, by any
9799	9799	municipality in which the improvements or facilities are to be
9800	9800	constructed. (Acts 64th Leg., R.S., Ch. 201, Sec. 9(a) (part).)
9801	9801	Sec. 7807.107. CONSTRUCTION CONTRACTS: AWARD. (a) The
9802	9802	board shall award all construction contracts.
9803	9803	(b) The board may award contracts to construct improvements
9804	9804	included in the approved plan of reclamation for the district at the
9805	9805	times and in the amounts that the board considers in the best
9806	9806	interest of the district. (Acts 64th Leg., R.S., Ch. 201, Sec. 9(b)
9807	9807	(part).)
9808	9808	Sec. 7807.108. CONSTRUCTION CONTRACTS: EXECUTION AND
9809	9809	AVAILABILITY. (a) A contract under Section 7807.107 must be in
9810	9810	writing and be signed by:
9811	9811	(1) the contractor; and
9812	9812	(2) the president and secretary of the board.
9813	9813	(b) A copy of each construction contract shall be kept in
9814	9814	the district's records and be subject to public inspection. (Acts
9815	9815	64th Leg., R.S., Ch. 201, Sec. 9(b) (part).)
9816	9816	Sec. 7807.109. CONSTRUCTION CONTRACTS: PAYMENT. (a) A
9817	9817	contract under Section 7807.107 may be paid for in partial payments
9818	9818	as the work progresses, based on estimates approved by the
9819	9819	district's engineer.
9820	9820	(b) The payments may not exceed 90 percent of the amount due
9821	9821	at the time of such payments as shown by approved estimates, except
9822	9822	that on certification by the district's engineer that the project
9823	9823	is substantially complete, the board may authorize payment of not
9824	9824	to exceed 95 percent of the amount due at the time of such
9825	9825	certification before the acceptance of the job and the certificate
9826	9826	of completion of the job. (Acts 64th Leg., R.S., Ch. 201, Sec. 9(b)
9827	9827	(part).)
9828	9828	Sec. 7807.110. FLOOD HAZARD AREAS. (a) The board shall
9829	9829	designate flood hazard areas in the district if the board finds that
9830	9830	the public health and safety and the purposes of Section 59, Article
9831	9831	XVI, Texas Constitution, will be promoted by the designation.
9832	9832	(b) The area to be included in a flood hazard area shall be
9833	9833	described by field notes, map, or both.
9834	9834	(c) Before designating a flood hazard area, the board shall
9835	9835	hold a public hearing. The board must publish notice of the hearing
9836	9836	in a newspaper having general circulation in Dallas County at least
9837	9837	15 days before the hearing. Any interested person is entitled to an
9838	9838	opportunity to be heard.
9839	9839	(d) The board may, following notice and a hearing as
9840	9840	required by Subsection (c), amend the designated flood hazard areas
9841	9841	as necessary. (Acts 64th Leg., R.S., Ch. 201, Sec. 13.)
9842	9842	Sec. 7807.111. SETBACK LINES. (a) The board shall
9843	9843	establish building setback lines along any waterway in the
9844	9844	boundaries of the district if the board finds the setback lines are
9845	9845	needed to protect the public health and safety and to accomplish the
9846	9846	purposes of Section 59, Article XVI, Texas Constitution.
9847	9847	(b) After the establishment of building setback lines, no
9848	9848	structure may be erected within the setback lines. In any
9849	9849	subsequent eminent domain proceeding instituted by the district to
9850	9850	acquire the area within the setback lines, it shall constitute
9851	9851	prima facie showing that the person erecting the structure did so at
9852	9852	the person's own risk with knowledge of:
9853	9853	(1) the fact that erecting the structure interfered
9854	9854	with the district's setback provisions; and
9855	9855	(2) the district's right to remove the structure
9856	9856	erected after the establishment of the setback lines without
9857	9857	payment of the value of the structure.
9858	9858	(c) The area included within the building setback lines
9859	9859	shall be described by field notes, map or plat, or both. A
9860	9860	certified copy of the description shall be filed for record
9861	9861	immediately with the county clerk of Dallas County.
9862	9862	(d) Before establishing building setback lines, the board
9863	9863	shall hold a public hearing. The board must:
9864	9864	(1) publish notice of the hearing in a newspaper
9865	9865	having general circulation in Dallas County at least 15 days before
9866	9866	the hearing; and
9867	9867	(2) mail notice of the hearing to the latest available
9868	9868	address for each landowner affected by the proposed setback lines.
9869	9869	(e) After establishing building setback lines, the board
9870	9870	may, following notice and a hearing as required by Subsection (d),
9871	9871	amend or grant exceptions to the setback lines. (Acts 64th Leg.,
9872	9872	R.S., Ch. 201, Sec. 12.)
9873	9873	Sec. 7807.112. DISTRICT ELECTIONS. (a) The board shall
9874	9874	order each election the district is required to hold.
9875	9875	(b) Notice of a district election must be published once a
9876	9876	week for two consecutive weeks in a newspaper with general
9877	9877	circulation in Dallas County, with the first publication occurring
9878	9878	at least 14 days before the date of the election.
9879	9879	(c) A district election may be held separately or at the
9880	9880	same time as an election for another purpose, including a
9881	9881	maintenance tax election that may be held on the same day as a bond
9882	9882	election. An election held at the same time as an election for
9883	9883	another purpose may be ordered by the board in a single election
9884	9884	order, and the results may be canvassed in a single order. (Acts
9885	9885	64th Leg., R.S., Ch. 201, Sec. 5 (part).)
9886	9886	[Sections 7807.113-7807.150 reserved for expansion]
9887	9887	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
9888	9888	Sec. 7807.151. TAX METHOD. (a) The district shall use the
9889	9889	ad valorem plan of taxation.
9890	9890	(b) Subchapter G, Chapter 54, Water Code, applies to all
9891	9891	matters relating to the imposition of district taxes. (Acts 64th
9892	9892	Leg., R.S., Ch. 201, Sec. 8 (part).)
9893	9893	Sec. 7807.152. TAX ASSESSOR AND COLLECTOR. (a) The board
9894	9894	shall appoint a tax assessor and collector and may appoint deputies
9895	9895	that the board considers necessary.
9896	9896	(b) The tax assessor and collector and each deputy shall
9897	9897	qualify by executing a bond for $10,000 conditioned on the faithful
9898	9898	performance of the person's duties. The bond must be payable to the
9899	9899	district and approved by the board.
9900	9900	(c) The board shall set the compensation of the tax assessor
9901	9901	and collector and any deputies. (Acts 64th Leg., R.S., Ch. 201,
9902	9902	Sec. 4 (part).)
9903	9903	Sec. 7807.153. DEPOSITORY. (a) The district's treasurer
9904	9904	shall see that all district money is deposited in the depository
9905	9905	bank or banks designated by the board as the official depository of
9906	9906	the district.
9907	9907	(b) To the extent that money in the depository bank is not
9908	9908	insured by the Federal Deposit Insurance Corporation, the money
9909	9909	must be secured in the manner provided by law for the security of
9910	9910	county funds. (Acts 64th Leg., R.S., Ch. 201, Sec. 4 (part).)
9911	9911	Sec. 7807.154. INVESTMENT OF DISTRICT MONEY. District
9912	9912	money may be invested by the board, the treasurer, or another
9913	9913	qualified representative of the district in direct or indirect
9914	9914	obligations of the United States, the state, or any political
9915	9915	subdivision of the state, or may be placed in certificates of
9916	9916	deposit of state or national banks or savings and loan associations
9917	9917	in this state, if that money is secured in the manner provided for
9918	9918	the security of county funds. (Acts 64th Leg., R.S., Ch. 201, Sec.
9919	9919	4 (part).)
9920	9920	[Sections 7807.155-7807.200 reserved for expansion]
9921	9921	SUBCHAPTER E. BONDS
9922	9922	Sec. 7807.201. AUTHORITY TO ISSUE BONDS. The board may
9923	9923	issue district tax bonds to acquire money to carry out any power or
9924	9924	accomplish any purpose conferred by this chapter. The bonds may be
9925	9925	authorized by a board order. (Acts 64th Leg., R.S., Ch. 201, Secs.
9926	9926	7(a) (part), (b) (part).)
9927	9927	Sec. 7807.202. FORM OF BONDS. District bonds shall be
9928	9928	signed and executed as provided by the board in the order
9929	9929	authorizing the issuance of the bonds. (Acts 64th Leg., R.S., Ch.
9930	9930	201, Sec. 7(a) (part).)
9931	9931	Sec. 7807.203. MATURITY. District bonds must mature not
9932	9932	later than 40 years after their date of issuance. (Acts 64th Leg.,
9933	9933	R.S., Ch. 201, Sec. 7(a) (part).)
9934	9934	Sec. 7807.204. ELECTION REQUIRED. (a) Bonds, other than
9935	9935	refunding bonds, may not be issued unless authorized by a majority
9936	9936	of the votes cast in an election held to determine whether the bonds
9937	9937	should be issued and whether a tax should be imposed to pay the
9938	9938	principal of and interest on the bonds.
9939	9939	(b) The board may order and provide notice of an election
9940	9940	under this section.
9941	9941	(c) In addition to other requirements, the ballot shall be
9942	9942	printed to provide for voting for or against the proposition: "The
9943	9943	issuance of bonds and the imposition of a tax in payment thereof."
9944	9944	(Acts 64th Leg., R.S., Ch. 201, Sec. 7(b) (part).)
9945	9945	Sec. 7807.205. USE OF BOND PROCEEDS. (a) The board may set
9946	9946	aside part of the bond proceeds to:
9947	9947	(1) pay interest on the bonds and administrative and
9948	9948	operational expenses expected to accrue during the period of
9949	9949	construction of the improvements or facilities; and
9950	9950	(2) create reserves for the payment of the principal
9951	9951	of and interest on the bonds.
9952	9952	(b) For purposes of Subsection (a), the period of
9953	9953	construction may not exceed two years. (Acts 64th Leg., R.S., Ch.
9954	9954	201, Sec. 7(c) (part).)
9955	9955	Sec. 7807.206. TAXES FOR BONDS. The board of directors may
9956	9956	impose continuing direct annual ad valorem taxes on all taxable
9957	9957	property in the district sufficient to:
9958	9958	(1) provide for the payment of interest on bonds
9959	9959	issued under this subchapter as the interest accrues; and
9960	9960	(2) create and provide a sinking fund for the payment
9961	9961	of principal of the bonds as the principal matures. (Acts 64th
9962	9962	Leg., R.S., Ch. 201, Sec. 7(a) (part).)
9963	9963	Sec. 7807.207. BOND ANTICIPATION NOTES AND PRELIMINARY
9964	9964	BONDS. (a) The district may issue either bond anticipation notes
9965	9965	or preliminary bonds, which need not be designated as such, to
9966	9966	provide a fund to pay:
9967	9967	(1) the cost of making surveys and investigations,
9968	9968	attorneys' fees, and engineers' work;
9969	9969	(2) the cost of issuing bonds; and
9970	9970	(3) all other costs and expenses incident to the
9971	9971	organization of the district and the district's operation in
9972	9972	investigating and determining plans for the district's plant and
9973	9973	improvements.
9974	9974	(b) Preliminary bonds shall be voted and authorized in the
9975	9975	manner and under the same provisions applicable to the district's
9976	9976	construction bonds and shall be of equal dignity with those
9977	9977	construction bonds.
9978	9978	(c) The district may issue bond anticipation notes as
9979	9979	provided by Section 49.154(c), Water Code. These notes shall be
9980	9980	sold on the best terms and for the best price possible. (Acts 64th
9981	9981	Leg., R.S., Ch. 201, Secs. 7(d) (part), (e) (part).)
9982	9982	Sec. 7807.208. REFUNDING BONDS. (a) The board may issue
9983	9983	refunding bonds to refund or refinance all or part of the district's
9984	9984	outstanding bonds and matured but unpaid interest coupons.
9985	9985	(b) District refunding bonds must mature not later than 40
9986	9986	years after their date of issuance. (Acts 64th Leg., R.S., Ch. 201,
9987	9987	Sec. 7(g) (part).)
9988	9988	SECTION 1.03. Subtitle H, Title 6, Special District Local
9989	9989	Laws Code, is amended by adding Chapters 8833, 8835, 8838, 8839,
9990	9990	8841, 8843, 8845, 8851, 8854, and 8857 to read as follows:
9991	9991	CHAPTER 8833. GUADALUPE COUNTY GROUNDWATER CONSERVATION DISTRICT
9992	9992	SUBCHAPTER A. GENERAL PROVISIONS
9993	9993	Sec. 8833.001. DEFINITIONS
9994	9994	Sec. 8833.002. NATURE OF DISTRICT
9995	9995	Sec. 8833.003. FINDINGS OF PUBLIC USE AND BENEFIT
9996	9996	Sec. 8833.004. DISTRICT TERRITORY
9997	9997	[Sections 8833.005-8833.050 reserved for expansion]
9998	9998	SUBCHAPTER B. BOARD OF DIRECTORS
9999	9999	Sec. 8833.051. COMPOSITION OF BOARD; SINGLE-MEMBER
10000	10000	DISTRICTS; TERMS
10001	10001	Sec. 8833.052. ELECTION DATE
10002	10002	Sec. 8833.053. QUALIFICATIONS FOR ELECTION
10003	10003	[Sections 8833.054-8833.100 reserved for expansion]
10004	10004	SUBCHAPTER C. POWERS AND DUTIES
10005	10005	Sec. 8833.101. GROUNDWATER CONSERVATION DISTRICT
10006	10006	POWERS AND DUTIES
10007	10007	Sec. 8833.102. LIMITATIONS ON DISTRICT POWERS
10008	10008	CHAPTER 8833. GUADALUPE COUNTY GROUNDWATER CONSERVATION DISTRICT
10009	10009	SUBCHAPTER A. GENERAL PROVISIONS
10010	10010	Sec. 8833.001. DEFINITIONS. In this chapter:
10011	10011	(1) "Board" means the district's board of directors.
10012	10012	(2) "Director" means a board member.
10013	10013	(3) "District" means the Guadalupe County Groundwater
10014	10014	Conservation District. (Acts 75th Leg., R.S., Ch. 1066, Sec. 2;
10015	10015	New.)
10016	10016	Sec. 8833.002. NATURE OF DISTRICT. The district is a
10017	10017	groundwater conservation district in Guadalupe County created
10018	10018	under and essential to accomplish the purposes of Section 59,
10019	10019	Article XVI, Texas Constitution. (Acts 75th Leg., R.S., Ch. 1066,
10020	10020	Secs. 1(a) (part), (b).)
10021	10021	Sec. 8833.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
10022	10022	district is created to serve a public use and benefit.
10023	10023	(b) All land and other property included in the district
10024	10024	will benefit from the works and projects accomplished by the
10025	10025	district under the powers conferred by Section 59, Article XVI,
10026	10026	Texas Constitution. (Acts 75th Leg., R.S., Ch. 1066, Sec. 4.)
10027	10027	Sec. 8833.004. DISTRICT TERRITORY. The district is
10028	10028	composed of the territory described by Section 3, Chapter 1066,
10029	10029	Acts of the 75th Legislature, Regular Session, 1997, as that
10030	10030	territory may have been modified under:
10031	10031	(1) Subchapter J, Chapter 36, Water Code; or
10032	10032	(2) other law. (New.)
10033	10033	[Sections 8833.005-8833.050 reserved for expansion]
10034	10034	SUBCHAPTER B. BOARD OF DIRECTORS
10035	10035	Sec. 8833.051. COMPOSITION OF BOARD; SINGLE-MEMBER
10036	10036	DISTRICTS; TERMS. (a) The district is governed by a board of seven
10037	10037	directors elected from single-member districts determined by the
10038	10038	Guadalupe County Commissioners Court.
10039	10039	(b) Section 36.059(b), Water Code, does not apply to the
10040	10040	district.
10041	10041	(c) Directors serve staggered four-year terms. (Acts 75th
10042	10042	Leg., R.S., Ch. 1066, Secs. 6(a), (d), (i).)
10043	10043	Sec. 8833.052. ELECTION DATE. On the uniform election date
10044	10044	in November of each odd-numbered year, the district shall hold an
10045	10045	election in the district to elect the appropriate number of
10046	10046	directors. (Acts 75th Leg., R.S., Ch. 1066, Sec. 9.)
10047	10047	Sec. 8833.053. QUALIFICATIONS FOR ELECTION. To be
10048	10048	qualified to be elected as a director, a person must be a registered
10049	10049	voter in the single-member district that the person would
10050	10050	represent. (Acts 75th Leg., R.S., Ch. 1066, Sec. 6(h).)
10051	10051	[Sections 8833.054-8833.100 reserved for expansion]
10052	10052	SUBCHAPTER C. POWERS AND DUTIES
10053	10053	Sec. 8833.101. GROUNDWATER CONSERVATION DISTRICT POWERS
10054	10054	AND DUTIES. Except as provided by Section 8833.102, the district
10055	10055	has the rights, powers, privileges, functions, and duties provided
10056	10056	by the general law of this state, including Chapters 36 and 49,
10057	10057	Water Code, applicable to groundwater conservation districts
10058	10058	created under Section 59, Article XVI, Texas Constitution. (Acts
10059	10059	75th Leg., R.S., Ch. 1066, Sec. 5(a) (part).)
10060	10060	Sec. 8833.102. LIMITATIONS ON DISTRICT POWERS. The
10061	10061	district may not impose:
10062	10062	(1) a tax; or
10063	10063	(2) a fee on a well used exclusively for domestic or
10064	10064	livestock watering purposes. (Acts 75th Leg., R.S., Ch. 1066, Sec. 5(c).)
10065	10065	CHAPTER 8835. BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT
10066	10066	SUBCHAPTER A. GENERAL PROVISIONS
10067	10067	Sec. 8835.001. DEFINITIONS
10068	10068	Sec. 8835.002. NATURE OF DISTRICT
10069	10069	Sec. 8835.003. FINDINGS OF PUBLIC USE AND BENEFIT
10070	10070	Sec. 8835.004. DISTRICT TERRITORY
10071	10071	[Sections 8835.005-8835.050 reserved for expansion]
10072	10072	SUBCHAPTER B. BOARD OF DIRECTORS
10073	10073	Sec. 8835.051. COMPOSITION OF BOARD; TERMS
10074	10074	Sec. 8835.052. APPOINTMENT OF DIRECTORS
10075	10075	Sec. 8835.053. BOARD VACANCY
10076	10076	Sec. 8835.054. COMPENSATION; EXPENSES
10077	10077	Sec. 8835.055. VOTE REQUIRED FOR BOARD ACTION
10078	10078	[Sections 8835.056-8835.100 reserved for expansion]
10079	10079	SUBCHAPTER C. POWERS AND DUTIES
10080	10080	Sec. 8835.101. GROUNDWATER CONSERVATION DISTRICT
10081	10081	POWERS AND DUTIES
10082	10082	Sec. 8835.102. GROUNDWATER WELLS UNDER JURISDICTION OF
10083	10083	RAILROAD COMMISSION
10084	10084	Sec. 8835.103. LIMITATION ON POWER OF EMINENT DOMAIN
10085	10085	[Sections 8835.104-8835.150 reserved for expansion]
10086	10086	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10087	10087	Sec. 8835.151. FEES
10088	10088	Sec. 8835.152. AUTHORITY TO ISSUE BONDS AND NOTES
10089	10089	Sec. 8835.153. LIMITATION ON AUTHORITY TO IMPOSE TAXES
10090	10090	CHAPTER 8835. BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT
10091	10091	SUBCHAPTER A. GENERAL PROVISIONS
10092	10092	Sec. 8835.001. DEFINITIONS. In this chapter:
10093	10093	(1) "Board" means the district's board of directors.
10094	10094	(2) "Director" means a board member.
10095	10095	(3) "District" means the Brazos Valley Groundwater
10096	10096	Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
10097	10097	Acts 77th Leg., R.S., Ch. 966, Sec. 3.1302; Acts 77th Leg., R.S.,
10098	10098	Ch. 1307, Sec. 2.02; New.)
10099	10099	Sec. 8835.002. NATURE OF DISTRICT. The district is a
10100	10100	groundwater conservation district created under and essential to
10101	10101	accomplish the purposes of Section 59, Article XVI, Texas
10102	10102	Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
10103	10103	(c).)
10104	10104	Sec. 8835.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
10105	10105	district is created to serve a public use and benefit.
10106	10106	(b) All land and other property included in the district
10107	10107	will benefit from the works and projects accomplished by the
10108	10108	district under the powers conferred by Section 59, Article XVI,
10109	10109	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
10110	10110	Sec. 8835.004. DISTRICT TERRITORY. The district's
10111	10111	boundaries are coextensive with the boundaries of Robertson and
10112	10112	Brazos Counties unless the district's territory has been modified
10113	10113	under:
10114	10114	(1) Subchapter J, Chapter 36, Water Code; or
10115	10115	(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
10116	10116	2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.1303; Acts 77th
10117	10117	Leg., R.S., Ch. 1307, Sec. 2.03; New.)
10118	10118	[Sections 8835.005-8835.050 reserved for expansion]
10119	10119	SUBCHAPTER B. BOARD OF DIRECTORS
10120	10120	Sec. 8835.051. COMPOSITION OF BOARD; TERMS. (a) The
10121	10121	district is governed by a board of eight directors.
10122	10122	(b) Directors serve staggered four-year terms.
10123	10123	(c) A director may serve consecutive terms. (Acts 77th Leg.,
10124	10124	R.S., Ch. 966, Secs. 3.1309(a), (c), (f); Acts 77th Leg., R.S., Ch.
10125	10125	1307, Secs. 2.10(a), (c), (f).)
10126	10126	Sec. 8835.052. APPOINTMENT OF DIRECTORS. (a) The
10127	10127	Robertson County Commissioners Court shall appoint four directors,
10128	10128	of whom:
10129	10129	(1) one must represent municipal interests in the
10130	10130	county;
10131	10131	(2) one must be a bona fide agricultural producer who
10132	10132	derives a substantial portion of the producer's income from
10133	10133	agriculture in the county;
10134	10134	(3) one must be a director or employee of a rural water
10135	10135	supply corporation in the county; and
10136	10136	(4) one must represent active industrial interests in
10137	10137	the county.
10138	10138	(b) The Brazos County Commissioners Court shall appoint two
10139	10139	directors, of whom:
10140	10140	(1) one must be a bona fide agricultural producer who
10141	10141	derives a substantial portion of the producer's income from
10142	10142	agriculture in the county; and
10143	10143	(2) one must be a director or employee of a rural water
10144	10144	supply corporation in the county.
10145	10145	(c) The governing body of the City of Bryan, with the
10146	10146	approval of the Brazos County Commissioners Court, shall appoint
10147	10147	one director.
10148	10148	(d) The governing body of the City of College Station, with
10149	10149	the approval of the Brazos County Commissioners Court, shall
10150	10150	appoint one director.
10151	10151	(e) Every two years after January 1 of the second year
10152	10152	following the district's confirmation, the appropriate governing
10153	10153	body shall appoint the appropriate number of directors. (Acts 77th
10154	10154	Leg., R.S., Ch. 966, Secs. 3.1310(c), (d), (f) (part); Acts 77th
10155	10155	Leg., R.S., Ch. 1307, Secs. 2.11(a), (b), (c), (d), (f) (part).)
10156	10156	Sec. 8835.053. BOARD VACANCY. If there is a vacancy on the
10157	10157	board, the governing body of the entity that appointed the director
10158	10158	who vacated the office shall appoint a director to serve the
10159	10159	remainder of the term. (Acts 77th Leg., R.S., Ch. 966, Sec.
10160	10160	3.1309(g); Acts 77th Leg., R.S., Ch. 1307, Sec. 2.10(g).)
10161	10161	Sec. 8835.054. COMPENSATION; EXPENSES. (a) A director is
10162	10162	not entitled to receive compensation for serving as a director.
10163	10163	(b) A director may be reimbursed for actual, reasonable
10164	10164	expenses incurred in discharging official duties. (Acts 77th Leg.,
10165	10165	R.S., Ch. 966, Sec. 3.1309(h); Acts 77th Leg., R.S., Ch. 1307, Sec.
10166	10166	2.10(h).)
10167	10167	Sec. 8835.055. VOTE REQUIRED FOR BOARD ACTION. A majority
10168	10168	vote of a quorum of the board is required for board action. If there
10169	10169	is a tie vote, the proposed action fails. (Acts 77th Leg., R.S.,
10170	10170	Ch. 966, Sec. 3.1309(i); Acts 77th Leg., R.S., Ch. 1307, Sec.
10171	10171	2.10(i).)
10172	10172	[Sections 8835.056-8835.100 reserved for expansion]
10173	10173	SUBCHAPTER C. POWERS AND DUTIES
10174	10174	Sec. 8835.101. GROUNDWATER CONSERVATION DISTRICT POWERS
10175	10175	AND DUTIES. Except as provided by this chapter, the district has
10176	10176	the rights, powers, privileges, functions, and duties provided by
10177	10177	the general law of this state, including Chapter 36, Water Code,
10178	10178	applicable to groundwater conservation districts created under
10179	10179	Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
10180	10180	R.S., Ch. 966, Sec. 3.1304(a) (part); Acts 77th Leg., R.S., Ch.
10181	10181	1307, Sec. 2.04(a) (part).)
10182	10182	Sec. 8835.102. GROUNDWATER WELLS UNDER JURISDICTION OF
10183	10183	RAILROAD COMMISSION. (a) In this section, "railroad commission"
10184	10184	means the Railroad Commission of Texas.
10185	10185	(b) A groundwater well drilled or operated in the district
10186	10186	under a permit issued by the railroad commission is under the
10187	10187	exclusive jurisdiction of the railroad commission and is exempt
10188	10188	from regulation by the district.
10189	10189	(c) Groundwater produced in an amount authorized by a
10190	10190	railroad commission permit may be used in or exported from the
10191	10191	district without a permit from the district.
10192	10192	(d) To the extent groundwater production exceeds railroad
10193	10193	commission authorization, the holder of the railroad commission
10194	10194	permit:
10195	10195	(1) must apply to the district for the appropriate
10196	10196	permit for the excess production; and
10197	10197	(2) is subject to the applicable regulatory fees.
10198	10198	(e) Groundwater produced from a well under the jurisdiction
10199	10199	of the railroad commission is generally exempt from water district
10200	10200	fees. However, the district may impose either a pumping fee or an
10201	10201	export fee on groundwater produced from an otherwise exempt mine
10202	10202	well that is used for municipal purposes or by a public utility. A
10203	10203	fee imposed by the district under this subsection may not exceed the
10204	10204	fee imposed on other groundwater producers in the district. (Acts
10205	10205	77th Leg., R.S., Ch. 966, Sec. 3.1307; Acts 77th Leg., R.S., Ch.
10206	10206	1307, Sec. 2.07; New.)
10207	10207	Sec. 8835.103. LIMITATION ON POWER OF EMINENT DOMAIN. The
10208	10208	district does not have the power of eminent domain granted by
10209	10209	Section 36.105, Water Code. (Acts 77th Leg., R.S., Ch. 966, Sec.
10210	10210	3.1304(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec. 2.04(b)
10211	10211	(part).)
10212	10212	[Sections 8835.104-8835.150 reserved for expansion]
10213	10213	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10214	10214	Sec. 8835.151. FEES. (a) The board by rule may impose a
10215	10215	reasonable fee on each well that is not exempt from regulation by
10216	10216	the district and for which a permit is issued by the district. The
10217	10217	fee may be based on:
10218	10218	(1) the size of column pipe used by the well; or
10219	10219	(2) the actual, authorized, or anticipated amount of
10220	10220	water to be withdrawn from the well.
10221	10221	(b) The board shall base the amount of the initial fee on the
10222	10222	amount of water to be withdrawn from the well. The initial fee:
10223	10223	(1) may not exceed:
10224	10224	(A) $0.25 for each acre-foot for water used to
10225	10225	irrigate agricultural crops or operate existing steam electric
10226	10226	stations; or
10227	10227	(B) $0.0425 for each thousand gallons for water
10228	10228	used for any other purpose; and
10229	10229	(2) may be increased at a cumulative rate not to exceed
10230	10230	three percent for each year.
10231	10231	(c) In addition to the fee authorized under Subsection (b),
10232	10232	the district may impose a reasonable fee or surcharge for an export
10233	10233	fee using one of the following methods:
10234	10234	(1) a fee negotiated between the district and the
10235	10235	transporter; or
10236	10236	(2) a combined production and export fee not to exceed
10237	10237	17 cents for each thousand gallons for water used.
10238	10238	(d) Fees authorized by this section may be:
10239	10239	(1) assessed annually; and
10240	10240	(2) used to pay the cost of operating the district.
10241	10241	(Acts 77th Leg., R.S., Ch. 966, Sec. 3.1306; Acts 77th Leg., R.S.,
10242	10242	Ch. 1307, Sec. 2.06.)
10243	10243	Sec. 8835.152. AUTHORITY TO ISSUE BONDS AND NOTES. The
10244	10244	district may issue bonds and notes under Subchapter F, Chapter 36,
10245	10245	Water Code, not to exceed $500,000 of total indebtedness at any
10246	10246	time. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1305; Acts 77th Leg.,
10247	10247	R.S., Ch. 1307, Sec. 2.05.)
10248	10248	Sec. 8835.153. LIMITATION ON AUTHORITY TO IMPOSE TAXES.
10249	10249	The district does not have the authority relating to taxes that is
10250	10250	granted by Sections 36.020 and 36.201-36.204, Water Code. (Acts
10251	10251	77th Leg., R.S., Ch. 966, Sec. 3.1304(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec. 2.04(b) (part).)
10252	10252	CHAPTER 8838. COW CREEK GROUNDWATER CONSERVATION DISTRICT
10253	10253	SUBCHAPTER A. GENERAL PROVISIONS
10254	10254	Sec. 8838.001. DEFINITIONS
10255	10255	Sec. 8838.002. NATURE OF DISTRICT
10256	10256	Sec. 8838.003. FINDINGS OF PUBLIC USE AND BENEFIT
10257	10257	Sec. 8838.004. DISTRICT TERRITORY
10258	10258	Sec. 8838.005. CONFLICTS WITH OTHER LAW
10259	10259	[Sections 8838.006-8838.050 reserved for expansion]
10260	10260	SUBCHAPTER B. BOARD OF DIRECTORS
10261	10261	Sec. 8838.051. COMPOSITION OF BOARD; TERMS
10262	10262	Sec. 8838.052. ELECTION OF DIRECTORS
10263	10263	Sec. 8838.053. ELECTION DATE
10264	10264	Sec. 8838.054. ELIGIBILITY
10265	10265	Sec. 8838.055. BOARD VACANCY
10266	10266	[Sections 8838.056-8838.100 reserved for expansion]
10267	10267	SUBCHAPTER C. POWERS AND DUTIES
10268	10268	Sec. 8838.101. GROUNDWATER CONSERVATION DISTRICT
10269	10269	POWERS AND DUTIES
10270	10270	Sec. 8838.102. PROGRAMS TO PRESERVE AND PROTECT
10271	10271	GROUNDWATER RESOURCES
10272	10272	Sec. 8838.103. CONTRACTS WITH OTHER GOVERNMENTAL
10273	10273	BODIES
10274	10274	Sec. 8838.104. WELL PERMITS; AUTHORIZATION OF EXEMPT
10275	10275	WELLS
10276	10276	Sec. 8838.105. BEST MANAGEMENT PRACTICES FOR WATER
10277	10277	RESOURCE MANAGEMENT
10278	10278	Sec. 8838.106. LIMITATIONS ON DISTRICT POWERS
10279	10279	[Sections 8838.107-8838.150 reserved for expansion]
10280	10280	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10281	10281	Sec. 8838.151. FEES
10282	10282	Sec. 8838.152. AD VALOREM TAX EXEMPTION FOR PROPERTY
10283	10283	ON WHICH WATER CONSERVATION
10284	10284	INITIATIVE HAS BEEN IMPLEMENTED
10285	10285	Sec. 8838.153. LIMITATION ON TAXES
10286	10286	CHAPTER 8838. COW CREEK GROUNDWATER CONSERVATION DISTRICT
10287	10287	SUBCHAPTER A. GENERAL PROVISIONS
10288	10288	Sec. 8838.001. DEFINITIONS. In this chapter:
10289	10289	(1) "Board" means the district's board of directors.
10290	10290	(2) "Director" means a board member.
10291	10291	(3) "District" means the Cow Creek Groundwater
10292	10292	Conservation District.
10293	10293	(4) "Well" means an excavation drilled or dug into the
10294	10294	ground that may intercept or penetrate a water-bearing stratum or
10295	10295	formation. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; Acts 77th Leg.,
10296	10296	R.S., Ch. 966, Secs. 3.0102(1), (3); Acts 77th Leg., R.S., Ch. 1349,
10297	10297	Sec. 2(1); New.)
10298	10298	Sec. 8838.002. NATURE OF DISTRICT. The district is a
10299	10299	groundwater conservation district created under and essential to
10300	10300	accomplish the purposes of Section 59, Article XVI, Texas
10301	10301	Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
10302	10302	(c).)
10303	10303	Sec. 8838.003. FINDINGS OF PUBLIC USE AND BENEFIT.
10304	10304	(a) The district is created to serve a public use and benefit.
10305	10305	(b) All land and other property included in the district
10306	10306	will benefit from the works and projects accomplished by the
10307	10307	district under the powers conferred by Section 59, Article XVI,
10308	10308	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
10309	10309	Sec. 8838.004. DISTRICT TERRITORY. The district's
10310	10310	boundaries are coextensive with the boundaries of Kendall County
10311	10311	unless the district's territory has been modified under:
10312	10312	(1) Subchapter J, Chapter 36, Water Code; or
10313	10313	(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
10314	10314	2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.0103; Acts 77th
10315	10315	Leg., R.S., Ch. 1349, Sec. 3; New.)
10316	10316	Sec. 8838.005. CONFLICTS WITH OTHER LAW. The following
10317	10317	provisions prevail over a conflicting or inconsistent provision of
10318	10318	this chapter:
10319	10319	(1) Sections 36.1071-36.108, Water Code;
10320	10320	(2) Sections 36.159-36.161, Water Code; and
10321	10321	(3) Subchapter I, Chapter 36, Water Code. (Acts 77th
10322	10322	Leg., R.S., Ch. 1349, Sec. 4(b).)
10323	10323	[Sections 8838.006-8838.050 reserved for expansion]
10324	10324	SUBCHAPTER B. BOARD OF DIRECTORS
10325	10325	Sec. 8838.051. COMPOSITION OF BOARD; TERMS. (a) The
10326	10326	district is governed by a board of five directors.
10327	10327	(b) Directors serve staggered four-year terms. (Acts 77th
10328	10328	Leg., R.S., Ch. 966, Secs. 3.0105(a), (d); Acts 77th Leg., R.S., Ch.
10329	10329	1349, Secs. 5(a), (d).)
10330	10330	Sec. 8838.052. ELECTION OF DIRECTORS. (a) Directors are
10331	10331	elected according to the commissioners precinct method provided by
10332	10332	this section.
10333	10333	(b) One director is elected by the voters of the entire
10334	10334	district. One director is elected from each county commissioners
10335	10335	precinct by the voters of that precinct.
10336	10336	(c) A person shall indicate on the application for a place
10337	10337	on the ballot:
10338	10338	(1) the precinct that the person seeks to represent;
10339	10339	or
10340	10340	(2) that the person seeks to represent the district at
10341	10341	large.
10342	10342	(d) When the boundaries of the county commissioners
10343	10343	precincts are changed, each director in office on the effective
10344	10344	date of the change or elected to a term of office beginning on or
10345	10345	after the effective date of the change serves in the precinct to
10346	10346	which the director was elected for the entire term to which the
10347	10347	director was elected, even though the change in boundaries places
10348	10348	the person's residence outside the precinct for which the person
10349	10349	was elected. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0106(a), (b),
10350	10350	(c), (d); Acts 77th Leg., R.S., Ch. 1349, Secs. 6(a), (b), (d).)
10351	10351	Sec. 8838.053. ELECTION DATE. On the uniform election date
10352	10352	in May of each even-numbered year, the appropriate number of
10353	10353	directors shall be elected. (Acts 77th Leg., R.S., Ch. 966, Sec.
10354	10354	3.0110; Acts 77th Leg., R.S., Ch. 1349, Sec. 10.)
10355	10355	Sec. 8838.054. ELIGIBILITY. (a) To be eligible to be a
10356	10356	candidate for or to serve as director at large, a person must be a
10357	10357	registered voter in the district.
10358	10358	(b) To be eligible to be a candidate for or to serve as a
10359	10359	director from a county commissioners precinct, a person must be a
10360	10360	registered voter of that precinct, except as provided by Section
10361	10361	8838.052(d). (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0106(e); Acts
10362	10362	77th Leg., R.S., Ch. 1349, Sec. 6(c); New.)
10363	10363	Sec. 8838.055. BOARD VACANCY. (a) The board shall appoint
10364	10364	a replacement to fill a vacancy in the office of director.
10365	10365	(b) The appointed replacement serves until the next
10366	10366	directors' election.
10367	10367	(c) At that election, a person is elected to fill the
10368	10368	position. If the position is not scheduled to be filled at the
10369	10369	election, the person elected to fill the position serves only for
10370	10370	the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
10371	10371	966, Sec. 3.0105(g); Acts 77th Leg., R.S., Ch. 1349, Sec. 5(g).)
10372	10372	[Sections 8838.056-8838.100 reserved for expansion]
10373	10373	SUBCHAPTER C. POWERS AND DUTIES
10374	10374	Sec. 8838.101. GROUNDWATER CONSERVATION DISTRICT POWERS
10375	10375	AND DUTIES. Except as otherwise provided by this chapter, the
10376	10376	district has the rights, powers, privileges, functions, and duties
10377	10377	provided by the general law of this state, including Chapter 36,
10378	10378	Water Code, applicable to groundwater conservation districts
10379	10379	created under Section 59, Article XVI, Texas Constitution. (Acts
10380	10380	77th Leg., R.S., Ch. 966, Sec. 3.0104 (part); Acts 77th Leg., R.S.,
10381	10381	Ch. 1349, Sec. 4(a) (part).)
10382	10382	Sec. 8838.102. PROGRAMS TO PRESERVE AND PROTECT GROUNDWATER
10383	10383	RESOURCES. The district may develop and implement regulatory,
10384	10384	conservation, and recharge programs that preserve and protect
10385	10385	groundwater resources located in the district. (Acts 77th Leg.,
10386	10386	R.S., Ch. 966, Sec. 3.0101(b).)
10387	10387	Sec. 8838.103. CONTRACTS WITH OTHER GOVERNMENTAL BODIES.
10388	10388	The district may contract with one or more state agencies or other
10389	10389	governmental bodies, including a county, a river authority, or
10390	10390	another district, to carry out any function of the district. (Acts
10391	10391	77th Leg., R.S., Ch. 966, Sec. 3.0111(a); Acts 77th Leg., R.S., Ch.
10392	10392	1349, Sec. 11(a).)
10393	10393	Sec. 8838.104. WELL PERMITS; AUTHORIZATION OF EXEMPT WELLS.
10394	10394	(a) The district may require a drilling permit before a new well is
10395	10395	drilled or an existing well is substantially altered.
10396	10396	(b) Notwithstanding an exemption for a well under Section
10397	10397	36.117, Water Code, written authorization granted by the district
10398	10398	must be received before a new well is drilled or an existing well is
10399	10399	substantially altered. (Acts 77th Leg., R.S., Ch. 966, Sec.
10400	10400	3.0111(b); Acts 77th Leg., R.S., Ch. 1349, Sec. 11(b).)
10401	10401	Sec. 8838.105. BEST MANAGEMENT PRACTICES FOR WATER RESOURCE
10402	10402	MANAGEMENT. (a) The district may participate in the construction,
10403	10403	implementation, and maintenance of best management practices for
10404	10404	water resource management in the district and may engage in and
10405	10405	promote the acceptance of best management practices through
10406	10406	education efforts sponsored by the district.
10407	10407	(b) Construction, implementation, and maintenance of best
10408	10408	management practices must address water quantity and quality
10409	10409	practices such as brush management, prescribed grazing, recharge
10410	10410	structures, water and silt detention and retention structures,
10411	10411	plugging of abandoned wells, rainwater harvesting, and other
10412	10412	treatment measures for the conservation of water resources. (Acts
10413	10413	77th Leg., R.S., Ch. 966, Sec. 3.0111(c); Acts 77th Leg., R.S., Ch.
10414	10414	1349, Sec. 11(c).)
10415	10415	Sec. 8838.106. LIMITATIONS ON DISTRICT POWERS. (a) In this
10416	10416	section, "retail public utility" means a retail public utility as
10417	10417	defined by Section 13.002, Water Code, that is providing service in
10418	10418	the district on September 1, 2001.
10419	10419	(b) The district may not:
10420	10420	(1) require the owner of a well used solely for
10421	10421	domestic or livestock purposes to install a meter or measuring
10422	10422	device on the well;
10423	10423	(2) sell, transport, or export groundwater outside of
10424	10424	the district; or
10425	10425	(3) enter into a contract or engage in an action to
10426	10426	supply water to any person in the service area of any municipality
10427	10427	or retail public utility located in the district, except with the
10428	10428	consent of the municipality or retail public utility. (Acts 77th
10429	10429	Leg., R.S., Ch. 966, Secs. 3.0102(2), 3.0112 (part); Acts 77th
10430	10430	Leg., R.S., Ch. 1349, Sec. 12 (part).)
10431	10431	[Sections 8838.107-8838.150 reserved for expansion]
10432	10432	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10433	10433	Sec. 8838.151. FEES. (a) Reasonable fees, as determined by
10434	10434	the district, may be imposed on an annual basis on each nonexempt
10435	10435	well and on each well exempt from permitting under Section
10436	10436	36.117(b)(1), Water Code. The district shall adopt any rules
10437	10437	necessary for the assessment and collection of fees under this
10438	10438	subsection.
10439	10439	(b) The district may use money collected from fees:
10440	10440	(1) in any manner necessary for the management and
10441	10441	operation of the district;
10442	10442	(2) to pay all or part of the principal of and interest
10443	10443	on district bonds or notes; and
10444	10444	(3) for any purpose consistent with the district's
10445	10445	approved water management plan. (Acts 77th Leg., R.S., Ch. 966,
10446	10446	Secs. 3.0111(d), (e); Acts 77th Leg., R.S., Ch. 1349, Secs. 11(d),
10447	10447	(e).)
10448	10448	Sec. 8838.152. AD VALOREM TAX EXEMPTION FOR PROPERTY ON
10449	10449	WHICH WATER CONSERVATION INITIATIVE HAS BEEN IMPLEMENTED. (a) The
10450	10450	district may adopt rules providing for granting exemptions from ad
10451	10451	valorem taxes on property on which a water conservation initiative
10452	10452	has been implemented as provided by Section 11.32, Tax Code.
10453	10453	(b) The total amount of the exemption from ad valorem taxes
10454	10454	may not exceed one-half of the tax imposed by the district. (Acts
10455	10455	77th Leg., R.S., Ch. 966, Secs. 3.0111(f), (h); Acts 77th Leg.,
10456	10456	R.S., Ch. 1349, Secs. 11(f), (i).)
10457	10457	Sec. 8838.153. LIMITATION ON TAXES. The district may not
10458	10458	impose an ad valorem tax for administrative, operation, or
10459	10459	maintenance expenses that exceeds the lesser of:
10460	10460	(1) the rate approved by the majority of the voters
10461	10461	voting in the election authorizing the tax; or
10462	10462	(2) three cents per $100 of assessed valuation. (Acts
10463	10463	77th Leg., R.S., Ch. 966, Sec. 3.0112 (part); Acts 77th Leg., R.S., Ch. 1349, Sec. 12 (part).)
10464	10464	CHAPTER 8839. GATEWAY GROUNDWATER CONSERVATION DISTRICT
10465	10465	SUBCHAPTER A. GENERAL PROVISIONS
10466	10466	Sec. 8839.001. DEFINITIONS
10467	10467	Sec. 8839.002. DISTRICT TERRITORY
10468	10468	[Sections 8839.003-8839.050 reserved for expansion]
10469	10469	SUBCHAPTER B. BOARD OF DIRECTORS
10470	10470	Sec. 8839.051. COMPOSITION OF BOARD; TERMS
10471	10471	Sec. 8839.052. APPOINTMENT OF DIRECTORS
10472	10472	Sec. 8839.053. BOARD VACANCY
10473	10473	Sec. 8839.054. COMPENSATION; EXPENSES
10474	10474	[Sections 8839.055-8839.100 reserved for expansion]
10475	10475	SUBCHAPTER C. POWERS AND DUTIES
10476	10476	Sec. 8839.101. GROUNDWATER CONSERVATION DISTRICT
10477	10477	POWERS AND DUTIES
10478	10478	[Sections 8839.102-8839.150 reserved for expansion]
10479	10479	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10480	10480	Sec. 8839.151. TAXING AUTHORITY
10481	10481	CHAPTER 8839. GATEWAY GROUNDWATER CONSERVATION DISTRICT
10482	10482	SUBCHAPTER A. GENERAL PROVISIONS
10483	10483	Sec. 8839.001. DEFINITIONS. In this chapter:
10484	10484	(1) "Board" means the district's board of directors.
10485	10485	(2) "Director" means a board member.
10486	10486	(3) "District" means the Gateway Groundwater
10487	10487	Conservation District. (Acts 77th Leg., R.S., Ch. 1352, Sec. 2;
10488	10488	New.)
10489	10489	Sec. 8839.002. DISTRICT TERRITORY. The district's
10490	10490	boundaries are coextensive with the boundaries of Foard and
10491	10491	Hardeman Counties unless the district's territory has been modified
10492	10492	under:
10493	10493	(1) Subchapter J, Chapter 36, Water Code; or
10494	10494	(2) other law. (Acts 77th Leg., R.S., Ch. 1352, Sec.
10495	10495	3(a); New.)
10496	10496	[Sections 8839.003-8839.050 reserved for expansion]
10497	10497	SUBCHAPTER B. BOARD OF DIRECTORS
10498	10498	Sec. 8839.051. COMPOSITION OF BOARD; TERMS. (a) The
10499	10499	district is governed by a board in the manner provided by Section
10500	10500	36.051, Water Code.
10501	10501	(b) Directors serve staggered four-year terms. (Acts 77th
10502	10502	Leg., R.S., Ch. 1352, Secs. 5(a), (d).)
10503	10503	Sec. 8839.052. APPOINTMENT OF DIRECTORS. (a) The
10504	10504	commissioners court of each county in the district shall appoint an
10505	10505	equal number of directors.
10506	10506	(b) The appropriate commissioners court shall appoint a
10507	10507	director to succeed a director on or before the date the director's
10508	10508	term expires. (Acts 77th Leg., R.S., Ch. 1352, Secs. 5(g), 7(a).)
10509	10509	Sec. 8839.053. BOARD VACANCY. If there is a vacancy on the
10510	10510	board, the appropriate commissioners court shall appoint a director
10511	10511	to serve the remainder of the term. (Acts 77th Leg., R.S., Ch.
10512	10512	1352, Sec. 5(f).)
10513	10513	Sec. 8839.054. COMPENSATION; EXPENSES. A director may not
10514	10514	receive a salary or other compensation for service as a director but
10515	10515	may be reimbursed for actual expenses of attending meetings. (Acts
10516	10516	77th Leg., R.S., Ch. 1352, Sec. 5(h).)
10517	10517	[Sections 8839.055-8839.100 reserved for expansion]
10518	10518	SUBCHAPTER C. POWERS AND DUTIES
10519	10519	Sec. 8839.101. GROUNDWATER CONSERVATION DISTRICT POWERS
10520	10520	AND DUTIES. The district has the rights, powers, privileges,
10521	10521	functions, and duties provided by the general law of this state,
10522	10522	including Chapter 36, Water Code, applicable to groundwater
10523	10523	conservation districts created under Section 59, Article XVI, Texas
10524	10524	Constitution. (Acts 77th Leg., R.S., Ch. 1352, Sec. 4(a) (part).)
10525	10525	[Sections 8839.102-8839.150 reserved for expansion]
10526	10526	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10527	10527	Sec. 8839.151. TAXING AUTHORITY. The district may impose
10528	10528	an ad valorem tax in the district at a rate not to exceed one cent on
10529	10529	each $100 of assessed valuation. (Acts 77th Leg., R.S., Ch. 1352, Sec. 9.)
10530	10530	CHAPTER 8841. GOLIAD COUNTY GROUNDWATER CONSERVATION DISTRICT
10531	10531	SUBCHAPTER A. GENERAL PROVISIONS
10532	10532	Sec. 8841.001. DEFINITIONS
10533	10533	Sec. 8841.002. NATURE OF DISTRICT
10534	10534	Sec. 8841.003. FINDINGS OF PUBLIC USE AND BENEFIT
10535	10535	Sec. 8841.004. DISTRICT TERRITORY
10536	10536	Sec. 8841.005. DISTRICT NAME CHANGE
10537	10537	Sec. 8841.006. CONFLICTS WITH OTHER LAW
10538	10538	[Sections 8841.007-8841.050 reserved for expansion]
10539	10539	SUBCHAPTER B. BOARD OF DIRECTORS
10540	10540	Sec. 8841.051. COMPOSITION OF BOARD; TERMS
10541	10541	Sec. 8841.052. ELECTION DATE
10542	10542	Sec. 8841.053. ELIGIBILITY
10543	10543	Sec. 8841.054. BOARD VACANCY
10544	10544	Sec. 8841.055. OFFICERS
10545	10545	[Sections 8841.056-8841.100 reserved for expansion]
10546	10546	SUBCHAPTER C. POWERS AND DUTIES
10547	10547	Sec. 8841.101. GROUNDWATER CONSERVATION DISTRICT
10548	10548	POWERS AND DUTIES
10549	10549	Sec. 8841.102. REGIONAL COOPERATION
10550	10550	[Sections 8841.103-8841.150 reserved for expansion]
10551	10551	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10552	10552	Sec. 8841.151. LIMITATION ON TAXES
10553	10553	CHAPTER 8841. GOLIAD COUNTY GROUNDWATER CONSERVATION DISTRICT
10554	10554	SUBCHAPTER A. GENERAL PROVISIONS
10555	10555	Sec. 8841.001. DEFINITIONS. In this chapter:
10556	10556	(1) "Board" means the district's board of directors.
10557	10557	(2) "Director" means a board member.
10558	10558	(3) "District" means the Goliad County Groundwater
10559	10559	Conservation District. (Acts 77th Leg., R.S., Ch. 1359, Sec. 2;
10560	10560	New.)
10561	10561	Sec. 8841.002. NATURE OF DISTRICT. The district is a
10562	10562	groundwater conservation district in Goliad County created under
10563	10563	and essential to accomplish the purposes of Section 59, Article
10564	10564	XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1359, Secs.
10565	10565	1(a) (part), (b).)
10566	10566	Sec. 8841.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
10567	10567	district is created to serve a public use and benefit.
10568	10568	(b) All land and other property included in the district
10569	10569	will benefit from the works and projects accomplished by the
10570	10570	district under the powers conferred by Section 59, Article XVI,
10571	10571	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1359, Sec. 4.)
10572	10572	Sec. 8841.004. DISTRICT TERRITORY. The district's
10573	10573	boundaries are coextensive with the boundaries of Goliad County,
10574	10574	Texas, unless the district's territory has been modified under:
10575	10575	(1) Subchapter J, Chapter 36, Water Code; or
10576	10576	(2) other law. (Acts 77th Leg., R.S., Ch. 1359, Sec.
10577	10577	3; New.)
10578	10578	Sec. 8841.005. DISTRICT NAME CHANGE. The board may change
10579	10579	the district's name if the district annexes territory. (Acts 77th
10580	10580	Leg., R.S., Ch. 1359, Sec. 14.)
10581	10581	Sec. 8841.006. CONFLICTS WITH OTHER LAW. The following
10582	10582	provisions prevail over a conflicting or inconsistent provision of
10583	10583	this chapter:
10584	10584	(1) Sections 36.1071-36.108, Water Code;
10585	10585	(2) Sections 36.159-36.161, Water Code; and
10586	10586	(3) Subchapter I, Chapter 36, Water Code. (Acts 77th
10587	10587	Leg., R.S., Ch. 1359, Sec. 5(b).)
10588	10588	[Sections 8841.007-8841.050 reserved for expansion]
10589	10589	SUBCHAPTER B. BOARD OF DIRECTORS
10590	10590	Sec. 8841.051. COMPOSITION OF BOARD; TERMS. (a) The
10591	10591	district is governed by a board of seven directors elected to
10592	10592	numbered places from Goliad County at large by the voters of the
10593	10593	district.
10594	10594	(b) Directors serve staggered four-year terms. (Acts 77th
10595	10595	Leg., R.S., Ch. 1359, Secs. 10(a), (c), 11(a), 12 (part).)
10596	10596	Sec. 8841.052. ELECTION DATE. Beginning in the second year
10597	10597	following the election that confirmed the creation of the district,
10598	10598	an election shall be held on the uniform election date in November
10599	10599	every two years to elect the appropriate number of directors. (Acts
10600	10600	77th Leg., R.S., Ch. 1359, Sec. 12 (part).)
10601	10601	Sec. 8841.053. ELIGIBILITY. To be eligible to serve as a
10602	10602	director, a person must be a resident of Goliad County. (Acts 77th
10603	10603	Leg., R.S., Ch. 1359, Sec. 6(a).)
10604	10604	Sec. 8841.054. BOARD VACANCY. (a) If a vacancy occurs on
10605	10605	the board, the remaining directors shall appoint a person to fill
10606	10606	the vacancy.
10607	10607	(b) A director appointed to fill a vacancy serves for the
10608	10608	unexpired portion of the term. (Acts 77th Leg., R.S., Ch. 1359,
10609	10609	Secs. 11(b), (c).)
10610	10610	Sec. 8841.055. OFFICERS. The board shall select from among
10611	10611	the directors a presiding officer, assistant presiding officer, and
10612	10612	secretary. (Acts 77th Leg., R.S., Ch. 1359, Sec. 10(b).)
10613	10613	[Sections 8841.056-8841.100 reserved for expansion]
10614	10614	SUBCHAPTER C. POWERS AND DUTIES
10615	10615	Sec. 8841.101. GROUNDWATER CONSERVATION DISTRICT POWERS
10616	10616	AND DUTIES. Except as provided by this chapter, the district has
10617	10617	the rights, powers, privileges, functions, and duties provided by
10618	10618	the general law of this state, including Chapter 36, Water Code,
10619	10619	applicable to groundwater conservation districts created under
10620	10620	Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
10621	10621	R.S., Ch. 1359, Sec. 5(a) (part).)
10622	10622	Sec. 8841.102. REGIONAL COOPERATION. (a) In recognition
10623	10623	of the need for uniform regional monitoring and regulation of
10624	10624	common, scientifically recognized groundwater sources, and in
10625	10625	designated management areas, the district shall establish rules
10626	10626	that:
10627	10627	(1) require the permitting of each water well that is:
10628	10628	(A) not exempted from permitting by Chapter 36,
10629	10629	Water Code; and
10630	10630	(B) capable of producing more than 25,000 gallons
10631	10631	each day;
10632	10632	(2) provide for the prevention of waste, as defined by
10633	10633	Section 36.001, Water Code;
10634	10634	(3) provide for timely capping or plugging of
10635	10635	abandoned wells; and
10636	10636	(4) require reports to be filed with the district on
10637	10637	each new, nonexempt water well.
10638	10638	(b) A report required under Subsection (a)(4) must include:
10639	10639	(1) the driller's log;
10640	10640	(2) a description of the casing and pumping equipment
10641	10641	installed;
10642	10642	(3) the capacity of the well; and
10643	10643	(4) the intended use of the water.
10644	10644	(c) To further regional continuity, the district shall:
10645	10645	(1) seek to participate in at least one coordination
10646	10646	meeting annually with each adjacent district that shares an aquifer
10647	10647	with the district;
10648	10648	(2) coordinate the collection of data with adjacent
10649	10649	districts in a manner designed to achieve uniformity of data
10650	10650	quality;
10651	10651	(3) coordinate efforts to monitor water quality with
10652	10652	adjacent districts, local governments, and state agencies;
10653	10653	(4) investigate any groundwater pollution with the
10654	10654	intention of locating its source and report the district's findings
10655	10655	to adjacent districts and appropriate state agencies;
10656	10656	(5) provide to adjacent districts annually an
10657	10657	inventory of new water wells in the district and an estimate of
10658	10658	groundwater production in the district; and
10659	10659	(6) include adjacent districts on the mailing lists
10660	10660	for district newsletters, seminars, public education events, news
10661	10661	articles, and field days. (Acts 77th Leg., R.S., Ch. 1359, Sec.
10662	10662	15.)
10663	10663	[Sections 8841.103-8841.150 reserved for expansion]
10664	10664	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10665	10665	Sec. 8841.151. LIMITATION ON TAXES. The district may not
10666	10666	impose an ad valorem tax at a rate that exceeds five cents on each
10667	10667	$100 valuation of taxable property in the district. (Acts 77th Leg., R.S., Ch. 1359, Sec. 13.)
10668	10668	CHAPTER 8843. HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT
10669	10669	SUBCHAPTER A. GENERAL PROVISIONS
10670	10670	Sec. 8843.001. DEFINITIONS
10671	10671	Sec. 8843.002. NATURE OF DISTRICT
10672	10672	Sec. 8843.003. FINDINGS OF PUBLIC USE AND BENEFIT
10673	10673	Sec. 8843.004. DISTRICT TERRITORY
10674	10674	[Sections 8843.005-8843.050 reserved for expansion]
10675	10675	SUBCHAPTER B. BOARD OF DIRECTORS
10676	10676	Sec. 8843.051. COMPOSITION OF BOARD; TERMS
10677	10677	Sec. 8843.052. ELECTION OF DIRECTORS
10678	10678	Sec. 8843.053. ELECTION DATE
10679	10679	Sec. 8843.054. QUALIFICATIONS FOR OFFICE
10680	10680	Sec. 8843.055. BOARD VACANCY
10681	10681	Sec. 8843.056. REVISION OF SINGLE-MEMBER DISTRICTS
10682	10682	Sec. 8843.057. COMPENSATION; EXPENSES
10683	10683	[Sections 8843.058-8843.100 reserved for expansion]
10684	10684	SUBCHAPTER C. POWERS AND DUTIES
10685	10685	Sec. 8843.101. GROUNDWATER CONSERVATION DISTRICT
10686	10686	POWERS AND DUTIES
10687	10687	Sec. 8843.102. ELECTION ON BOARD DECISION
10688	10688	Sec. 8843.103. WELL CONSTRUCTION PERMIT
10689	10689	Sec. 8843.104. EXEMPT WELLS
10690	10690	Sec. 8843.105. STANDARDS FOR RESIDENTIAL WELLS
10691	10691	Sec. 8843.106. ELECTIONS OTHER THAN DIRECTORS'
10692	10692	ELECTIONS
10693	10693	[Sections 8843.107-8843.150 reserved for expansion]
10694	10694	SUBCHAPTER D. FINANCIAL PROVISIONS
10695	10695	Sec. 8843.151. WELL CONSTRUCTION PERMIT FEE
10696	10696	Sec. 8843.152. SERVICE CONNECTION FEE
10697	10697	Sec. 8843.153. TAXES AND OTHER FEES PROHIBITED
10698	10698	Sec. 8843.154. BUDGET
10699	10699	Sec. 8843.155. AUDIT
10700	10700	CHAPTER 8843. HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT
10701	10701	SUBCHAPTER A. GENERAL PROVISIONS
10702	10702	Sec. 8843.001. DEFINITIONS. In this chapter:
10703	10703	(1) "Board" means the district's board of directors.
10704	10704	(2) "Director" means a board member.
10705	10705	(3) "District" means the Hays Trinity Groundwater
10706	10706	Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
10707	10707	Acts 77th Leg., R.S., Ch. 966, Sec. 3.0302; New.)
10708	10708	Sec. 8843.002. NATURE OF DISTRICT. The district is a
10709	10709	groundwater conservation district created under and essential to
10710	10710	accomplish the purposes of Section 59, Article XVI, Texas
10711	10711	Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
10712	10712	(c).)
10713	10713	Sec. 8843.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
10714	10714	district is created to serve a public use and benefit.
10715	10715	(b) All land and other property included in the district
10716	10716	will benefit from the works and projects accomplished by the
10717	10717	district under the powers conferred by Section 59, Article XVI,
10718	10718	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
10719	10719	Sec. 8843.004. DISTRICT TERRITORY. The district's
10720	10720	boundaries are coextensive with the boundaries of Hays County,
10721	10721	excluding any area that on September 1, 2001, was within another
10722	10722	groundwater conservation district with authority to require a
10723	10723	permit to drill or alter a well for the withdrawal of groundwater,
10724	10724	unless the district's territory has been modified under:
10725	10725	(1) Subchapter J, Chapter 36, Water Code; or
10726	10726	(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec.
10727	10727	3.0303 (part); New.)
10728	10728	[Sections 8843.005-8843.050 reserved for expansion]
10729	10729	SUBCHAPTER B. BOARD OF DIRECTORS
10730	10730	Sec. 8843.051. COMPOSITION OF BOARD; TERMS. (a) The
10731	10731	district is governed by a board of five directors.
10732	10732	(b) Directors serve staggered two-year terms. (Acts 77th
10733	10733	Leg., R.S., Ch. 966, Secs. 3.0307(a), (d).)
10734	10734	Sec. 8843.052. ELECTION OF DIRECTORS. (a) The district is
10735	10735	divided into five numbered single-member districts for electing
10736	10736	directors.
10737	10737	(b) One director is elected from each single-member
10738	10738	district. A director elected from a single-member district
10739	10739	represents the residents of that single-member district. (Acts
10740	10740	77th Leg., R.S., Ch. 966, Secs. 3.0308(a), (b).)
10741	10741	Sec. 8843.053. ELECTION DATE. On the uniform election date
10742	10742	in May of each year, the appropriate number of directors shall be
10743	10743	elected. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0310(b).)
10744	10744	Sec. 8843.054. QUALIFICATIONS FOR OFFICE. To be qualified
10745	10745	to be a candidate for or to serve as director, a person must be a
10746	10746	registered voter in the single-member district that the person
10747	10747	represents or seeks to represent. (Acts 77th Leg., R.S., Ch. 966,
10748	10748	Sec. 3.0308(c).)
10749	10749	Sec. 8843.055. BOARD VACANCY. If there is a vacancy on the
10750	10750	board, the Hays County Commissioners Court shall appoint a director
10751	10751	to serve the remainder of the term. (Acts 77th Leg., R.S., Ch. 966,
10752	10752	Sec. 3.0307(g).)
10753	10753	Sec. 8843.056. REVISION OF SINGLE-MEMBER DISTRICTS. (a)
10754	10754	The board may revise the single-member districts as necessary or
10755	10755	appropriate.
10756	10756	(b) The board shall revise each single-member district
10757	10757	after each federal decennial census to reflect population changes.
10758	10758	(c) At the first election after the single-member districts
10759	10759	are revised, a new director shall be elected from each district.
10760	10760	The directors shall draw lots to determine which two directors
10761	10761	serve one-year terms and which three directors serve two-year
10762	10762	terms. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0308(d).)
10763	10763	Sec. 8843.057. COMPENSATION; EXPENSES. A director may not
10764	10764	receive a salary or other compensation for service as a director but
10765	10765	may be reimbursed for actual expenses of attending meetings at the
10766	10766	rate in effect for employees of Hays County. (Acts 77th Leg., R.S.,
10767	10767	Ch. 966, Sec. 3.0307(h).)
10768	10768	[Sections 8843.058-8843.100 reserved for expansion]
10769	10769	SUBCHAPTER C. POWERS AND DUTIES
10770	10770	Sec. 8843.101. GROUNDWATER CONSERVATION DISTRICT POWERS
10771	10771	AND DUTIES. The district has the rights, powers, privileges,
10772	10772	functions, and duties provided by the general law of this state,
10773	10773	including Chapter 36, Water Code, applicable to groundwater
10774	10774	conservation districts created under Section 59, Article XVI, Texas
10775	10775	Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0304(a)
10776	10776	(part).)
10777	10777	Sec. 8843.102. ELECTION ON BOARD DECISION. The Hays County
10778	10778	Commissioners Court by resolution may require an election to affirm
10779	10779	or reverse a decision of the board not later than six months after
10780	10780	the date of the decision. (Acts 77th Leg., R.S., Ch. 966, Sec.
10781	10781	3.0304(d).)
10782	10782	Sec. 8843.103. WELL CONSTRUCTION PERMIT. Except as
10783	10783	provided by Sections 8843.104(b) and (c), the district may require
10784	10784	a permit for the construction of a new well completed after
10785	10785	September 1, 2001. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0312(a)
10786	10786	(part).)
10787	10787	Sec. 8843.104. EXEMPT WELLS. (a) The following wells are
10788	10788	exempt from the requirements of Chapter 36, Water Code, and may not
10789	10789	be regulated, permitted, or metered by the district:
10790	10790	(1) a well used for domestic use by a single private
10791	10791	residential household and producing less than 25,000 gallons per
10792	10792	day; and
10793	10793	(2) a well used for conventional farming and ranching
10794	10794	activities, including such intensive operations as aquaculture,
10795	10795	livestock feedlots, or poultry operations.
10796	10796	(b) The district may not require a permit to construct a
10797	10797	well described by Subsection (a)(2).
10798	10798	(c) A well used for dewatering and monitoring in the
10799	10799	production of coal or lignite is exempt from permit requirements,
10800	10800	regulations, and fees imposed by the district.
10801	10801	(d) The district may not enter property to inspect an exempt
10802	10802	well without the property owner's permission. (Acts 77th Leg.,
10803	10803	R.S., Ch. 966, Secs. 3.0304(c), 3.0305.)
10804	10804	Sec. 8843.105. STANDARDS FOR RESIDENTIAL WELLS. The
10805	10805	district may not adopt standards for the construction of a
10806	10806	residential well that are more stringent than state standards for a
10807	10807	residential well. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0304(e).)
10808	10808	Sec. 8843.106. ELECTIONS OTHER THAN DIRECTORS' ELECTIONS.
10809	10809	An election held by the district, other than an election under
10810	10810	Section 8843.053, must be scheduled to coincide with a general
10811	10811	election in May or November. (Acts 77th Leg., R.S., Ch. 966, Sec.
10812	10812	3.0311.)
10813	10813	[Sections 8843.107-8843.150 reserved for expansion]
10814	10814	SUBCHAPTER D. FINANCIAL PROVISIONS
10815	10815	Sec. 8843.151. WELL CONSTRUCTION PERMIT FEE. The district
10816	10816	may charge and collect a construction permit fee not to exceed $300
10817	10817	for a well for which the district requires a permit under Section
10818	10818	8843.103. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0312(a) (part).)
10819	10819	Sec. 8843.152. SERVICE CONNECTION FEE. (a) This section
10820	10820	does not apply to a water utility that has surface water as its sole
10821	10821	source of water.
10822	10822	(b) The district may levy and collect a water utility
10823	10823	service connection fee not to exceed $300 for each new water service
10824	10824	connection made after September 1, 2001. (Acts 77th Leg., R.S., Ch.
10825	10825	966, Sec. 3.0312(b).)
10826	10826	Sec. 8843.153. TAXES AND OTHER FEES PROHIBITED.
10827	10827	Notwithstanding Section 8843.101 or Subchapter G, Chapter 36, Water
10828	10828	Code, the district may not:
10829	10829	(1) impose a tax; or
10830	10830	(2) assess or collect any fees except as authorized by
10831	10831	Section 8843.151 or 8843.152. (Acts 77th Leg., R.S., Ch. 966, Sec.
10832	10832	3.0312(c).)
10833	10833	Sec. 8843.154. BUDGET. (a) The district shall annually:
10834	10834	(1) prepare a budget showing proposed expenditures and
10835	10835	disbursements and estimated receipts and collections for the next
10836	10836	fiscal year; and
10837	10837	(2) hold a public hearing on the proposed budget.
10838	10838	(b) The district must publish notice of the hearing at least
10839	10839	once in a newspaper of general circulation in the county not later
10840	10840	than the 10th day before the date of the hearing.
10841	10841	(c) A taxpayer of the district is entitled to appear at the
10842	10842	hearing to be heard regarding any item in the proposed budget.
10843	10843	(Acts 77th Leg., R.S., Ch. 966, Sec. 3.0306(a).)
10844	10844	Sec. 8843.155. AUDIT. At the written request of the Hays
10845	10845	County Commissioners Court, the county auditor shall audit the
10846	10846	performance of the district. The commissioners court may request a
10847	10847	general audit of the performance of the district or may request an
10848	10848	audit of only one or more district matters. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0306(b).)
10849	10849	CHAPTER 8845. IRION COUNTY WATER CONSERVATION DISTRICT
10850	10850	SUBCHAPTER A. GENERAL PROVISIONS
10851	10851	Sec. 8845.001. DEFINITIONS
10852	10852	Sec. 8845.002. NATURE AND PURPOSE OF DISTRICT
10853	10853	Sec. 8845.003. LEGISLATIVE FINDINGS
10854	10854	Sec. 8845.004. DISTRICT TERRITORY
10855	10855	Sec. 8845.005. DISTRICT NAME CHANGE
10856	10856	Sec. 8845.006. OWNERSHIP OF GROUNDWATER AND SURFACE
10857	10857	WATER RIGHTS
10858	10858	[Sections 8845.007-8845.050 reserved for expansion]
10859	10859	SUBCHAPTER B. DISTRICT ADMINISTRATION
10860	10860	Sec. 8845.051. COMPOSITION OF BOARD; TERMS
10861	10861	Sec. 8845.0511. TERMS FOR CERTAIN DIRECTORS
10862	10862	Sec. 8845.052. ELECTION OF DIRECTORS
10863	10863	Sec. 8845.053. ELECTION DATE
10864	10864	Sec. 8845.054. QUALIFICATIONS FOR ELECTION;
10865	10865	ELIGIBILITY TO SERVE
10866	10866	Sec. 8845.055. BOARD VACANCY
10867	10867	Sec. 8845.056. COMPOSITION OF BOARD FOLLOWING
10868	10868	ANNEXATION OR CONSOLIDATION
10869	10869	Sec. 8845.057. VOTE REQUIRED FOR OFFICIAL BOARD ACTION
10870	10870	Sec. 8845.058. OFFICERS
10871	10871	Sec. 8845.059. GENERAL MANAGER
10872	10872	Sec. 8845.060. TREASURER AND ATTORNEY
10873	10873	Sec. 8845.061. ENGINEER
10874	10874	Sec. 8845.062. EMPLOYEES AND CONTRACT PERSONNEL
10875	10875	Sec. 8845.063. DISTRICT OFFICE
10876	10876	Sec. 8845.064. MEETINGS
10877	10877	Sec. 8845.065. RECORDS
10878	10878	[Sections 8845.066-8845.100 reserved for expansion]
10879	10879	SUBCHAPTER C. POWERS AND DUTIES
10880	10880	Sec. 8845.101. GENERAL POWERS AND DUTIES
10881	10881	Sec. 8845.102. RULES
10882	10882	Sec. 8845.103. EMINENT DOMAIN
10883	10883	Sec. 8845.104. CONTROL, STORAGE, AND PRESERVATION OF
10884	10884	STORM WATER AND FLOODWATER
10885	10885	Sec. 8845.105. RECLAMATION
10886	10886	Sec. 8845.106. SOIL CONSERVATION AND IMPROVEMENT
10887	10887	Sec. 8845.107. ACQUISITION OF PROPERTY
10888	10888	Sec. 8845.108. SALE AND DISPOSAL OF PROPERTY
10889	10889	Sec. 8845.109. IMPROVEMENTS AND FACILITIES
10890	10890	Sec. 8845.110. INPUT WELLS
10891	10891	Sec. 8845.111. STUDIES AND SURVEYS
10892	10892	Sec. 8845.112. RESEARCH; INFORMATION
10893	10893	Sec. 8845.113. DISTRICT PLANS
10894	10894	Sec. 8845.114. SERVICE OF PROCESS
10895	10895	Sec. 8845.115. PAYMENT OF JUDGMENTS
10896	10896	Sec. 8845.116. CERTAIN PERMIT DENIALS PROHIBITED
10897	10897	Sec. 8845.117. PROHIBITION: SUPPLY OF WATER
10898	10898	[Sections 8845.118-8845.150 reserved for expansion]
10899	10899	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10900	10900	Sec. 8845.151. MAINTENANCE AND OPERATIONS TAX;
10901	10901	ELECTION
10902	10902	Sec. 8845.152. NOTICE; HEARING; ADOPTION OF BUDGET
10903	10903	Sec. 8845.153. INVESTMENT OF DISTRICT MONEY
10904	10904	Sec. 8845.154. ANNUAL AUDIT
10905	10905	Sec. 8845.155. BORROWING MONEY
10906	10906	Sec. 8845.156. PROHIBITION ON BONDS
10907	10907	Sec. 8845.157. RESTRICTION ON EXPENDITURES
10908	10908	CHAPTER 8845. IRION COUNTY WATER CONSERVATION DISTRICT
10909	10909	SUBCHAPTER A. GENERAL PROVISIONS
10910	10910	Sec. 8845.001. DEFINITIONS. In this chapter:
10911	10911	(1) "Board" means the district's board of directors.
10912	10912	(2) "Director" means a board member.
10913	10913	(3) "District" means the Irion County Water
10914	10914	Conservation District. (Acts 69th Leg., R.S., Ch. 65, Sec. 2; New.)
10915	10915	Sec. 8845.002. NATURE AND PURPOSE OF DISTRICT. The
10916	10916	district is created under Section 59, Article XVI, Texas
10917	10917	Constitution, to provide for the conservation, preservation,
10918	10918	protection, recharge, and prevention of waste and pollution of the
10919	10919	district's groundwater and surface water, consistent with:
10920	10920	(1) the objectives of Section 59, Article XVI, Texas
10921	10921	Constitution, and Chapter 36, Water Code; and
10922	10922	(2) the powers and duties under Subchapters H and I,
10923	10923	Chapter 49, Water Code. (Acts 69th Leg., R.S., Ch. 65, Secs. 1
10924	10924	(part), 29.)
10925	10925	Sec. 8845.003. LEGISLATIVE FINDINGS. The legislature finds
10926	10926	that:
10927	10927	(1) the organization of the district is feasible and
10928	10928	practicable;
10929	10929	(2) the land to be included in and the residents of the
10930	10930	district will benefit from the creation of the district;
10931	10931	(3) there is a public necessity for the district; and
10932	10932	(4) the creation of the district will further the
10933	10933	public welfare. (Acts 69th Leg., R.S., Ch. 65, Sec. 3.)
10934	10934	Sec. 8845.004. DISTRICT TERRITORY. The district is
10935	10935	composed of all the territory in Irion County unless the district's
10936	10936	territory has been modified by:
10937	10937	(1) annexation under Subchapter J or consolidation
10938	10938	under Subchapter K, Chapter 36, Water Code; or
10939	10939	(2) other law. (Acts 69th Leg., R.S., Ch. 65, Sec. 4;
10940	10940	New.)
10941	10941	Sec. 8845.005. DISTRICT NAME CHANGE. The name of the
10942	10942	district may be changed if:
10943	10943	(1) additional territory is annexed to the district;
10944	10944	or
10945	10945	(2) the district consolidates with another district.
10946	10946	(Acts 69th Leg., R.S., Ch. 65, Sec. 28.)
10947	10947	Sec. 8845.006. OWNERSHIP OF GROUNDWATER AND SURFACE WATER
10948	10948	RIGHTS. The ownership and rights of the owner of land, the owner's
10949	10949	lessees, and assigns in groundwater and any surface water rights
10950	10950	are recognized, and this chapter does not deprive or divest the
10951	10951	owner, the owner's lessees, or assigns of those ownership rights.
10952	10952	(Acts 69th Leg., R.S., Ch. 65, Sec. 45.)
10953	10953	[Sections 8845.007-8845.050 reserved for expansion]
10954	10954	SUBCHAPTER B. DISTRICT ADMINISTRATION
10955	10955	Sec. 8845.051. COMPOSITION OF BOARD; TERMS. (a) The board
10956	10956	is composed of five directors.
10957	10957	(b) Directors serve staggered four-year terms.
10958	10958	(c) A director takes office at the first regular meeting of
10959	10959	the board following the director's election to the board. (Acts
10960	10960	69th Leg., R.S., Ch. 65, Secs. 8(a), 11, 12; New.)
10961	10961	Sec. 8845.0511. TERMS FOR CERTAIN DIRECTORS. (a)
10962	10962	Notwithstanding Section 8845.051(b), a director whose term expires
10963	10963	in May 2009 shall serve a term that expires on the uniform election
10964	10964	date in May 2012.
10965	10965	(b) A director elected to replace a director whose term
10966	10966	expires in May 2010 shall serve a four-year term as provided by
10967	10967	Section 8845.051(b).
10968	10968	(c) Section 8845.051(b) applies to any regularly scheduled
10969	10969	election of directors held in 2012 or a later year.
10970	10970	(d) This section expires June 1, 2014. (Acts 81st Leg.,
10971	10971	R.S., Ch. 113, Sec. 13; New.)
10972	10972	Sec. 8845.052. ELECTION OF DIRECTORS. One director is
10973	10973	elected from the district at large. One director is elected from
10974	10974	each county commissioners precinct. (Acts 69th Leg., R.S., Ch. 65,
10975	10975	Sec. 8(b).)
10976	10976	Sec. 8845.053. ELECTION DATE. Each even-numbered year, an
10977	10977	election shall be held on the uniform election date in May to elect
10978	10978	the appropriate number of directors. (Acts 69th Leg., R.S., Ch. 65,
10979	10979	Sec. 10.)
10980	10980	Sec. 8845.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
10981	10981	SERVE. (a) To be qualified for election as a director, a person
10982	10982	must be:
10983	10983	(1) a resident of the district; and
10984	10984	(2) at least 18 years of age.
10985	10985	(b) In addition to the requirements of Subsection (a), a
10986	10986	person who is a director from a county commissioners precinct must
10987	10987	be a resident of that precinct unless the composition of the board
10988	10988	changes under Section 8845.056. (Acts 69th Leg., R.S., Ch. 65, Sec.
10989	10989	9.)
10990	10990	Sec. 8845.055. BOARD VACANCY. If a vacancy occurs on the
10991	10991	board, the remaining directors shall appoint a director for the
10992	10992	unexpired term. (Acts 69th Leg., R.S., Ch. 65, Sec. 13.)
10993	10993	Sec. 8845.056. COMPOSITION OF BOARD FOLLOWING ANNEXATION OR
10994	10994	CONSOLIDATION. If the district annexes territory or consolidates
10995	10995	with another district, the composition of the board shall be
10996	10996	determined in a manner that is:
10997	10997	(1) equitable for the residents of the district as
10998	10998	provided by Chapter 36, Water Code; and
10999	10999	(2) otherwise in compliance with Subchapter K, Chapter
11000	11000	36, Water Code. (Acts 69th Leg., R.S., Ch. 65, Sec. 8(c).)
11001	11001	Sec. 8845.057. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
11002	11002	official action of the board is not valid without the affirmative
11003	11003	vote of a majority of the directors. (Acts 69th Leg., R.S., Ch. 65,
11004	11004	Sec. 17 (part).)
11005	11005	Sec. 8845.058. OFFICERS. (a) After each directors'
11006	11006	election, the board shall:
11007	11007	(1) hold a regular meeting at the district office; and
11008	11008	(2) organize by electing from the directors a
11009	11009	president, a vice president, and a secretary.
11010	11010	(b) A person selected to serve as president, vice president,
11011	11011	or secretary serves in that capacity for a two-year term.
11012	11012	(c) The president, vice president, and secretary shall
11013	11013	perform the duties and may exercise the powers specifically
11014	11014	provided by this chapter or by order of the board. (Acts 69th Leg.,
11015	11015	R.S., Ch. 65, Secs. 16(a), (b), (d).)
11016	11016	Sec. 8845.059. GENERAL MANAGER. (a) The general manager
11017	11017	may execute a bond in the amount determined by the board, payable to
11018	11018	the district, and conditioned on the faithful performance of the
11019	11019	general manager's duties. The district shall pay for the bond.
11020	11020	(b) The general manager is entitled to receive the
11021	11021	compensation provided by the district's budget. (Acts 69th Leg.,
11022	11022	R.S., Ch. 65, Secs. 19(b), (c).)
11023	11023	Sec. 8845.060. TREASURER AND ATTORNEY. (a) The board may
11024	11024	appoint a treasurer and an attorney for the district.
11025	11025	(b) The person appointed as treasurer shall execute a bond
11026	11026	in the amount determined by the board, payable to the district,
11027	11027	conditioned on the faithful performance of the treasurer's duties.
11028	11028	The district shall pay for the bond.
11029	11029	(c) A person appointed under this section is entitled to the
11030	11030	compensation provided by the district's budget. (Acts 69th Leg.,
11031	11031	R.S., Ch. 65, Sec. 18.)
11032	11032	Sec. 8845.061. ENGINEER. The board may:
11033	11033	(1) appoint or contract with a competent professional
11034	11034	engineer for the district; and
11035	11035	(2) determine the amount of compensation to be paid to
11036	11036	the engineer. (Acts 69th Leg., R.S., Ch. 65, Sec. 20.)
11037	11037	Sec. 8845.062. EMPLOYEES AND CONTRACT PERSONNEL. (a) The
11038	11038	general manager or the board may:
11039	11039	(1) employ other persons necessary to properly handle
11040	11040	the district's business and operation; and
11041	11041	(2) employ or contract with expert and specialized
11042	11042	personnel who are necessary to carry out this chapter.
11043	11043	(b) The board shall determine the terms of employment and
11044	11044	the compensation to be paid to employees under this section.
11045	11045	(c) The district shall pay for any bond that an employee of
11046	11046	or a person under contract with the district is required to furnish
11047	11047	under Section 36.057(d), Water Code.
11048	11048	(d) The general manager or the board may dismiss an employee
11049	11049	of the district. (Acts 69th Leg., R.S., Ch. 65, Secs. 21(a), (b),
11050	11050	(c), (d) (part).)
11051	11051	Sec. 8845.063. DISTRICT OFFICE. The board shall maintain
11052	11052	an office in the district for conducting district business. (Acts
11053	11053	69th Leg., R.S., Ch. 65, Sec. 22.)
11054	11054	Sec. 8845.064. MEETINGS. The board shall hold regular
11055	11055	meetings at the district office on dates established by the board.
11056	11056	(Acts 69th Leg., R.S., Ch. 65, Sec. 23.)
11057	11057	Sec. 8845.065. RECORDS. (a) The board shall keep a
11058	11058	complete written account of board meetings and other proceedings
11059	11059	and shall preserve the board's minutes, contracts, plans, notices,
11060	11060	accounts, receipts, and other records in a secure manner at the
11061	11061	district's office.
11062	11062	(b) Minutes, contracts, plans, notices, accounts, receipts,
11063	11063	and other records are the property of the district and are subject
11064	11064	to public inspection. (Acts 69th Leg., R.S., Ch. 65, Sec. 24.)
11065	11065	[Sections 8845.066-8845.100 reserved for expansion]
11066	11066	SUBCHAPTER C. POWERS AND DUTIES
11067	11067	Sec. 8845.101. GENERAL POWERS AND DUTIES. Except to the
11068	11068	extent of any conflict with this chapter or as specifically limited
11069	11069	by this chapter, the district may exercise the powers granted by,
11070	11070	and shall exercise the duties provided by, Chapter 36 and
11071	11071	Subchapters H and I, Chapter 49, Water Code, to carry out the
11072	11072	purpose of the district and this chapter. (Acts 69th Leg., R.S.,
11073	11073	Ch. 65, Sec. 31.)
11074	11074	Sec. 8845.102. RULES. (a) The board may adopt rules
11075	11075	necessary to carry out the purpose and powers under this chapter and
11076	11076	may enforce those rules by injunction, mandatory injunction, or
11077	11077	other appropriate remedies in court.
11078	11078	(b) In addition to the rules adopted under Subsection (a),
11079	11079	the board may:
11080	11080	(1) adopt and enforce rules as provided by Chapter 36,
11081	11081	Water Code; and
11082	11082	(2) adopt rules necessary for the exercise of district
11083	11083	powers and duties under Subchapters H and I, Chapter 49, Water Code.
11084	11084	(Acts 69th Leg., R.S., Ch. 65, Sec. 30.)
11085	11085	Sec. 8845.103. EMINENT DOMAIN. (a) The district may
11086	11086	exercise the power of eminent domain to acquire a fee simple or
11087	11087	other interest in property in the district if the property interest
11088	11088	is necessary to the exercise of the authority conferred by this
11089	11089	chapter.
11090	11090	(b) The district must exercise the power of eminent domain
11091	11091	in the manner provided by Chapter 21, Property Code, but the
11092	11092	district is not required to deposit in the trial court money or a
11093	11093	bond as provided by Section 21.021(a), Property Code. (Acts 69th
11094	11094	Leg., R.S., Ch. 65, Secs. 42(a), (b).)
11095	11095	Sec. 8845.104. CONTROL, STORAGE, AND PRESERVATION OF STORM
11096	11096	WATER AND FLOODWATER. Subject to obtaining the permits required by
11097	11097	law, the district may control, store, and preserve the storm water
11098	11098	and floodwater in the district and the water of the rivers and
11099	11099	streams in the district for:
11100	11100	(1) irrigation of arid land;
11101	11101	(2) prevention of floods and flood damage in the
11102	11102	district; and
11103	11103	(3) domestic, agricultural, and industrial uses.
11104	11104	(Acts 69th Leg., R.S., Ch. 65, Sec. 36.)
11105	11105	Sec. 8845.105. RECLAMATION. The district may:
11106	11106	(1) reclaim land in the district; and
11107	11107	(2) construct works, facilities, and improvements
11108	11108	necessary to accomplish that purpose. (Acts 69th Leg., R.S., Ch.
11109	11109	65, Sec. 37.)
11110	11110	Sec. 8845.106. SOIL CONSERVATION AND IMPROVEMENT. The
11111	11111	district may construct and maintain terraces or other structures on
11112	11112	land in the district and may engage in or promote land treatment
11113	11113	measures for soil conservation and improvement. (Acts 69th Leg.,
11114	11114	R.S., Ch. 65, Sec. 38.)
11115	11115	Sec. 8845.107. ACQUISITION OF PROPERTY. The district may
11116	11116	acquire land or other property necessary to carry out this chapter
11117	11117	by gift, grant, devise, lease, purchase, or condemnation. (Acts
11118	11118	69th Leg., R.S., Ch. 65, Sec. 41.)
11119	11119	Sec. 8845.108. SALE AND DISPOSAL OF PROPERTY. Subject to
11120	11120	this chapter and Chapter 36 and Subchapters H and I, Chapter 49,
11121	11121	Water Code, the district may sell or otherwise dispose of land and
11122	11122	other property of the district that is not necessary to carry out
11123	11123	the purpose or powers of the district as determined by the board.
11124	11124	(Acts 69th Leg., R.S., Ch. 65, Sec. 43.)
11125	11125	Sec. 8845.109. IMPROVEMENTS AND FACILITIES. (a) The
11126	11126	district may construct or acquire and improve and maintain works,
11127	11127	facilities, and improvements necessary to carry out the purpose,
11128	11128	powers, and plans of the district.
11129	11129	(b) The district shall construct and acquire works,
11130	11130	facilities, and improvements in the manner provided by Subchapters
11131	11131	H and I, Chapter 49, Water Code. (Acts 69th Leg., R.S., Ch. 65, Sec.
11132	11132	39.)
11133	11133	Sec. 8845.110. INPUT WELLS. The district may drill, equip,
11134	11134	operate, and maintain input wells, pumps, and other facilities to
11135	11135	carry out its purpose and powers under this chapter. (Acts 69th
11136	11136	Leg., R.S., Ch. 65, Sec. 40.)
11137	11137	Sec. 8845.111. STUDIES AND SURVEYS. (a) The board may have
11138	11138	a professional engineer conduct studies and surveys of the
11139	11139	groundwater and surface water supplies in the district and the
11140	11140	facilities available for use in the conservation, preservation,
11141	11141	protection, recharge, and prevention of waste and pollution of
11142	11142	those water resources.
11143	11143	(b) A professional engineer may determine the quantities of
11144	11144	groundwater and surface water available in the district. (Acts
11145	11145	69th Leg., R.S., Ch. 65, Sec. 33.)
11146	11146	Sec. 8845.112. RESEARCH; INFORMATION. The district may
11147	11147	engage in research projects and develop information to be used by
11148	11148	the district in preparing and implementing the district's plans and
11149	11149	in carrying out the district's powers and duties under this
11150	11150	chapter. (Acts 69th Leg., R.S., Ch. 65, Sec. 35.)
11151	11151	Sec. 8845.113. DISTRICT PLANS. (a) The district shall
11152	11152	develop and implement comprehensive plans for the conservation,
11153	11153	preservation, protection, recharge, and prevention of waste and
11154	11154	pollution of groundwater and surface water in the district.
11155	11155	(b) The plans must include all works, facilities, and
11156	11156	improvements necessary to implement the plans and the
11157	11157	specifications for those works, facilities, and improvements.
11158	11158	(Acts 69th Leg., R.S., Ch. 65, Sec. 34.)
11159	11159	Sec. 8845.114. SERVICE OF PROCESS. Service of process in a
11160	11160	suit may be had by serving the general manager. (Acts 69th Leg.,
11161	11161	R.S., Ch. 65, Sec. 27(a) (part).)
11162	11162	Sec. 8845.115. PAYMENT OF JUDGMENTS. A court of this state
11163	11163	that renders a money judgment against the district may require the
11164	11164	board to pay the judgment from money in the district depository that
11165	11165	is not dedicated to the payment of any indebtedness of the district.
11166	11166	(Acts 69th Leg., R.S., Ch. 65, Sec. 27(c).)
11167	11167	Sec. 8845.116. CERTAIN PERMIT DENIALS PROHIBITED. If the
11168	11168	district regulates production of groundwater by permit as
11169	11169	authorized by Chapter 36, Water Code, the board may not deny a
11170	11170	permit to drill a well to the owner of land or the owner's heirs,
11171	11171	assigns, and lessees on that land that complies with rules adopted
11172	11172	by the district. (Acts 69th Leg., R.S., Ch. 65, Sec. 32.)
11173	11173	Sec. 8845.117. PROHIBITION: SUPPLY OF WATER. The district
11174	11174	may not contract to or take an action to supply groundwater or
11175	11175	surface water inside or outside the district. (Acts 69th Leg.,
11176	11176	R.S., Ch. 65, Sec. 44(a).)
11177	11177	[Sections 8845.118-8845.150 reserved for expansion]
11178	11178	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11179	11179	Sec. 8845.151. MAINTENANCE AND OPERATIONS TAX; ELECTION.
11180	11180	(a) The district may annually impose an ad valorem tax on property
11181	11181	in the district for use in maintaining district facilities and
11182	11182	paying district operating expenses.
11183	11183	(b) The district may not impose a maintenance and operations
11184	11184	tax until it is approved by a majority vote of the district voters
11185	11185	voting at an election held for that purpose.
11186	11186	(c) The directors shall publish notice of a maintenance and
11187	11187	operations tax election at least one time in a newspaper or
11188	11188	newspapers that have general circulation in the district. The
11189	11189	notice must be published before the 30th day preceding the date of
11190	11190	the election.
11191	11191	(d) The directors shall declare the result of a maintenance
11192	11192	and operations tax election. (Acts 69th Leg., R.S., Ch. 65, Secs.
11193	11193	6(c), (e) (part), 58(a), (b), (c) (part).)
11194	11194	Sec. 8845.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
11195	11195	The board shall hold a public hearing on the annual budget.
11196	11196	(b) Notice of the hearing must be published in a newspaper
11197	11197	or newspapers having general circulation in the district at least
11198	11198	10 days before the date of the hearing.
11199	11199	(c) Any district resident is entitled to be present at and
11200	11200	participate in the hearing.
11201	11201	(d) At the conclusion of the hearing, the board shall act on
11202	11202	the budget and may make changes in the proposed budget that in the
11203	11203	board's judgment the interests of the taxpayers demand. (Acts 69th
11204	11204	Leg., R.S., Ch. 65, Sec. 50.)
11205	11205	Sec. 8845.153. INVESTMENT OF DISTRICT MONEY. (a) District
11206	11206	money may be invested by the board or its authorized representative
11207	11207	in direct or indirect obligations of the United States, the state,
11208	11208	or any political subdivision of the state.
11209	11209	(b) District money may be placed in certificates of deposit
11210	11210	of state or national banks or savings and loan associations in this
11211	11211	state, if that money is secured in the manner provided for the
11212	11212	security of county funds. (Acts 69th Leg., R.S., Ch. 65, Secs.
11213	11213	55(a), (b).)
11214	11214	Sec. 8845.154. ANNUAL AUDIT. The board shall annually have
11215	11215	an audit made of the financial condition of the district. (Acts
11216	11216	69th Leg., R.S., Ch. 65, Sec. 47.)
11217	11217	Sec. 8845.155. BORROWING MONEY. The district may borrow
11218	11218	money for any purpose authorized by this chapter or any combination
11219	11219	of those purposes. (Acts 69th Leg., R.S., Ch. 65, Sec. 57.)
11220	11220	Sec. 8845.156. PROHIBITION ON BONDS. The district may not
11221	11221	issue bonds or impose an ad valorem tax to secure the payment of
11222	11222	bonds. (Acts 69th Leg., R.S., Ch. 65, Sec. 44(b).)
11223	11223	Sec. 8845.157. RESTRICTION ON EXPENDITURES. Money may be
11224	11224	spent only for an expense included in the annual budget or an
11225	11225	amendment to the annual budget. (Acts 69th Leg., R.S., Ch. 65, Sec. 52.)
11226	11226	CHAPTER 8851. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT
11227	11227	SUBCHAPTER A. GENERAL PROVISIONS
11228	11228	Sec. 8851.001. DEFINITIONS
11229	11229	Sec. 8851.002. NATURE OF DISTRICT
11230	11230	Sec. 8851.003. FINDINGS OF PUBLIC USE AND BENEFIT
11231	11231	Sec. 8851.004. DISTRICT TERRITORY
11232	11232	[Sections 8851.005-8851.050 reserved for expansion]
11233	11233	SUBCHAPTER B. BOARD OF DIRECTORS
11234	11234	Sec. 8851.051. COMPOSITION OF BOARD; TERMS
11235	11235	Sec. 8851.052. ELECTION OF DIRECTORS
11236	11236	Sec. 8851.053. ELECTION DATE
11237	11237	Sec. 8851.054. QUALIFICATIONS FOR OFFICE
11238	11238	Sec. 8851.055. BOARD VACANCY
11239	11239	Sec. 8851.056. COMPENSATION; EXPENSES
11240	11240	[Sections 8851.057-8851.100 reserved for expansion]
11241	11241	SUBCHAPTER C. POWERS AND DUTIES
11242	11242	Sec. 8851.101. GROUNDWATER CONSERVATION DISTRICT
11243	11243	POWERS AND DUTIES
11244	11244	Sec. 8851.102. POWERS AND DUTIES NOT SUBJECT TO STATE
11245	11245	SUPERVISION
11246	11246	Sec. 8851.103. LIMITATION ON RULEMAKING POWER NOT
11247	11247	APPLICABLE
11248	11248	Sec. 8851.104. GROUNDWATER FOR USE OUTSIDE DISTRICT
11249	11249	CHAPTER 8851. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT
11250	11250	SUBCHAPTER A. GENERAL PROVISIONS
11251	11251	Sec. 8851.001. DEFINITIONS. In this chapter:
11252	11252	(1) "Board" means the district's board of directors.
11253	11253	(2) "Director" means a board member.
11254	11254	(3) "District" means the Middle Pecos Groundwater
11255	11255	Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
11256	11256	Acts 77th Leg., R.S., Ch. 1299, Sec. 2; New.)
11257	11257	Sec. 8851.002. NATURE OF DISTRICT. The district is a
11258	11258	groundwater conservation district created under and essential to
11259	11259	accomplish the purposes of Section 59, Article XVI, Texas
11260	11260	Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
11261	11261	(c).)
11262	11262	Sec. 8851.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11263	11263	district is created to serve a public use and benefit.
11264	11264	(b) All land and other property included in the district
11265	11265	will benefit from the works and projects accomplished by the
11266	11266	district under the powers conferred by Section 59, Article XVI,
11267	11267	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
11268	11268	Sec. 8851.004. DISTRICT TERRITORY. The district's
11269	11269	boundaries are coextensive with the boundaries of Pecos County
11270	11270	unless the district's territory has been modified under:
11271	11271	(1) Subchapter J, Chapter 36, Water Code; or
11272	11272	(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
11273	11273	2(a) (part); Acts 77th Leg., R.S., Ch. 1299, Sec. 3; New.)
11274	11274	[Sections 8851.005-8851.050 reserved for expansion]
11275	11275	SUBCHAPTER B. BOARD OF DIRECTORS
11276	11276	Sec. 8851.051. COMPOSITION OF BOARD; TERMS. (a) The
11277	11277	district is governed by a board of 11 directors.
11278	11278	(b) Directors serve staggered four-year terms. (Acts 77th
11279	11279	Leg., R.S., Ch. 1299, Secs. 5(a), (d).)
11280	11280	Sec. 8851.052. ELECTION OF DIRECTORS. (a) Directors are
11281	11281	elected according to the method provided by this section.
11282	11282	(b) One director is elected by the voters of the entire
11283	11283	district. Two directors are elected from each county commissioners
11284	11284	precinct by the voters of that precinct. One director is elected
11285	11285	from Iraan by the voters of that municipality. One director is
11286	11286	elected from Fort Stockton by the voters of that municipality.
11287	11287	(c) A person shall indicate on the application for a place
11288	11288	on the ballot:
11289	11289	(1) the precinct or municipality that the person seeks
11290	11290	to represent; or
11291	11291	(2) that the person seeks to represent the district at
11292	11292	large.
11293	11293	(d) At the first election after the county commissioners
11294	11294	precincts are redrawn under Section 18, Article V, Texas
11295	11295	Constitution, eight new directors are elected to represent the
11296	11296	precincts. The directors shall draw lots to determine which four
11297	11297	directors serve two-year terms and which four directors serve
11298	11298	four-year terms. (Acts 77th Leg., R.S., Ch. 1299, Secs. 6(a), (b),
11299	11299	(d), (e).)
11300	11300	Sec. 8851.053. ELECTION DATE. On the uniform election date
11301	11301	in May of each even-numbered year, the appropriate number of
11302	11302	directors shall be elected. (Acts 77th Leg., R.S., Ch. 1299, Sec. 8
11303	11303	(part).)
11304	11304	Sec. 8851.054. QUALIFICATIONS FOR OFFICE. (a) To be
11305	11305	qualified to be a candidate for or to serve as director at large, a
11306	11306	person must be a registered voter in the district.
11307	11307	(b) To be qualified to be a candidate for or to serve as
11308	11308	director from a county commissioners precinct, a person must be a
11309	11309	registered voter of that precinct.
11310	11310	(c) To be qualified to be a candidate for or to serve as
11311	11311	director from a municipality, a person must be a registered voter of
11312	11312	that municipality. (Acts 77th Leg., R.S., Ch. 1299, Sec. 6(c).)
11313	11313	Sec. 8851.055. BOARD VACANCY. (a) If there is a vacancy on
11314	11314	the board, the remaining directors shall appoint a director to
11315	11315	serve the remainder of the term.
11316	11316	(b) If at any time there are fewer than three qualified
11317	11317	directors, the Pecos County Commissioners Court shall appoint the
11318	11318	necessary number of persons to fill all the vacancies on the board.
11319	11319	(Acts 77th Leg., R.S., Ch. 1299, Sec. 5(g).)
11320	11320	Sec. 8851.056. COMPENSATION; EXPENSES. A director may not
11321	11321	receive a salary or other compensation for service as a director but
11322	11322	may be reimbursed for actual expenses of attending meetings at the
11323	11323	rate in effect for employees of Pecos County. (Acts 77th Leg.,
11324	11324	R.S., Ch. 1299, Sec. 5(h).)
11325	11325	[Sections 8851.057-8851.100 reserved for expansion]
11326	11326	SUBCHAPTER C. POWERS AND DUTIES
11327	11327	Sec. 8851.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11328	11328	AND DUTIES. The district has the rights, powers, privileges,
11329	11329	functions, and duties provided by the general law of this state,
11330	11330	including Chapter 36, Water Code, applicable to groundwater
11331	11331	conservation districts created under Section 59, Article XVI, Texas
11332	11332	Constitution. (Acts 77th Leg., R.S., Ch. 1299, Sec. 4(a) (part).)
11333	11333	Sec. 8851.102. POWERS AND DUTIES NOT SUBJECT TO STATE
11334	11334	SUPERVISION. The rights, powers, privileges, functions, and duties
11335	11335	of the district are not subject to the continuing right of
11336	11336	supervision of the state through the Texas Commission on
11337	11337	Environmental Quality. (Acts 77th Leg., R.S., Ch. 1299, Sec.
11338	11338	4(d).)
11339	11339	Sec. 8851.103. LIMITATION ON RULEMAKING POWER NOT
11340	11340	APPLICABLE. Section 36.121, Water Code, does not apply to the
11341	11341	district. (Acts 77th Leg., R.S., Ch. 1299, Sec. 4(c).)
11342	11342	Sec. 8851.104. GROUNDWATER FOR USE OUTSIDE DISTRICT. (a)
11343	11343	The district may not impose a rule on the production of groundwater
11344	11344	for use outside the district that is in addition to the rules the
11345	11345	district imposes on the production of groundwater for use inside
11346	11346	the district.
11347	11347	(b) In addition to other fees assessed by the district, the
11348	11348	district may assess a fee on groundwater transferred out of the
11349	11349	district in an amount not to exceed 10 percent of the amount of the
11350	11350	fee assessed for the production of water for use in the district. (Acts 77th Leg., R.S., Ch. 1299, Secs. 4(e), (f).)
11351	11351	CHAPTER 8854. REFUGIO GROUNDWATER CONSERVATION DISTRICT
11352	11352	SUBCHAPTER A. GENERAL PROVISIONS
11353	11353	Sec. 8854.001. DEFINITIONS
11354	11354	Sec. 8854.002. NATURE OF DISTRICT
11355	11355	Sec. 8854.003. FINDINGS OF PUBLIC USE AND BENEFIT
11356	11356	Sec. 8854.004. DISTRICT TERRITORY
11357	11357	[Sections 8854.005-8854.050 reserved for expansion]
11358	11358	SUBCHAPTER B. BOARD OF DIRECTORS
11359	11359	Sec. 8854.051. COMPOSITION OF BOARD; TERMS
11360	11360	Sec. 8854.052. ELECTION OF DIRECTORS
11361	11361	Sec. 8854.053. ELECTION DATE
11362	11362	Sec. 8854.054. QUALIFICATIONS FOR OFFICE
11363	11363	Sec. 8854.055. APPOINTMENT ON FAILURE TO QUALIFY
11364	11364	[Sections 8854.056-8854.100 reserved for expansion]
11365	11365	SUBCHAPTER C. POWERS AND DUTIES
11366	11366	Sec. 8854.101. GROUNDWATER CONSERVATION DISTRICT
11367	11367	POWERS AND DUTIES
11368	11368	Sec. 8854.102. AUTHORITY TO SET FEES
11369	11369	CHAPTER 8854. REFUGIO GROUNDWATER CONSERVATION DISTRICT
11370	11370	SUBCHAPTER A. GENERAL PROVISIONS
11371	11371	Sec. 8854.001. DEFINITIONS. In this chapter:
11372	11372	(1) "Board" means the district's board of directors.
11373	11373	(2) "Director" means a board member.
11374	11374	(3) "District" means the Refugio Groundwater
11375	11375	Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
11376	11376	Acts 77th Leg., R.S., Ch. 966, Sec. 3.0902; Acts 77th Leg., R.S.,
11377	11377	Ch. 1314, Sec. 2; New.)
11378	11378	Sec. 8854.002. NATURE OF DISTRICT. The district is a
11379	11379	groundwater conservation district created under and essential to
11380	11380	accomplish the purposes of Section 59, Article XVI, Texas
11381	11381	Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
11382	11382	(c).)
11383	11383	Sec. 8854.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11384	11384	district is created to serve a public use and benefit.
11385	11385	(b) All land and other property included in the district
11386	11386	will benefit from the works and projects accomplished by the
11387	11387	district under the powers conferred by Section 59, Article XVI,
11388	11388	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
11389	11389	Sec. 8854.004. DISTRICT TERRITORY. The district's
11390	11390	boundaries are coextensive with the boundaries of Refugio County
11391	11391	unless the district's territory has been modified under:
11392	11392	(1) Subchapter J, Chapter 36, Water Code; or
11393	11393	(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
11394	11394	2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.0903; Acts 77th
11395	11395	Leg., R.S., Ch. 1314, Sec. 3; New.)
11396	11396	[Sections 8854.005-8854.050 reserved for expansion]
11397	11397	SUBCHAPTER B. BOARD OF DIRECTORS
11398	11398	Sec. 8854.051. COMPOSITION OF BOARD; TERMS. (a) The
11399	11399	district is governed by a board of five directors.
11400	11400	(b) Directors serve staggered four-year terms. (Acts 77th
11401	11401	Leg., R.S., Ch. 966, Secs. 3.0905(a), (d); Acts 77th Leg., R.S., Ch.
11402	11402	1314, Secs. 6(a), (d).)
11403	11403	Sec. 8854.052. ELECTION OF DIRECTORS. (a) Directors are
11404	11404	elected according to the commissioners precinct method as provided
11405	11405	by this section.
11406	11406	(b) One director is elected by the voters of the entire
11407	11407	district. One director is elected from each county commissioners
11408	11408	precinct by the voters of that precinct.
11409	11409	(c) A person shall indicate on the application for a place
11410	11410	on the ballot:
11411	11411	(1) the precinct that the person seeks to represent;
11412	11412	or
11413	11413	(2) that the person seeks to represent the district at
11414	11414	large.
11415	11415	(d) When the boundaries of the county commissioners
11416	11416	precincts are changed, each director in office on the effective
11417	11417	date of the change or elected to a term of office beginning on or
11418	11418	after the effective date of the change serves in the precinct to
11419	11419	which the director was elected for the entire term to which the
11420	11420	director was elected, even though the change in boundaries places
11421	11421	the person's residence outside the precinct for which the person
11422	11422	was elected. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0906(a), (b),
11423	11423	(d), (e); Acts 77th Leg., R.S., Ch. 1314, Secs. 7(a), (b), (d).)
11424	11424	Sec. 8854.053. ELECTION DATE. On the uniform election date
11425	11425	in November of each even-numbered year, the appropriate number of
11426	11426	directors shall be elected. (Acts 77th Leg., R.S., Ch. 966, Sec.
11427	11427	3.0908(b); Acts 77th Leg., R.S., Ch. 1314, Sec. 9(b).)
11428	11428	Sec. 8854.054. QUALIFICATIONS FOR OFFICE. (a) To be
11429	11429	qualified to be a candidate for or to serve as director at large, a
11430	11430	person must be a registered voter in the district.
11431	11431	(b) To be a candidate for or to serve as director from a
11432	11432	county commissioners precinct, a person must be a registered voter
11433	11433	of that precinct, except as provided by Section 8854.052(d). (Acts
11434	11434	77th Leg., R.S., Ch. 966, Sec. 3.0906(c); Acts 77th Leg., R.S., Ch.
11435	11435	1314, Sec. 7(c); New.)
11436	11436	Sec. 8854.055. APPOINTMENT ON FAILURE TO QUALIFY. If a
11437	11437	director fails to qualify for office, the commissioners court shall
11438	11438	appoint a person to fill the vacancy. (Acts 77th Leg., R.S., Ch.
11439	11439	966, Sec. 3.0905(g) (part); Acts 77th Leg., R.S., Ch. 1314, Sec.
11440	11440	6(g) (part).)
11441	11441	[Sections 8854.056-8854.100 reserved for expansion]
11442	11442	SUBCHAPTER C. POWERS AND DUTIES
11443	11443	Sec. 8854.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11444	11444	AND DUTIES. The district has the rights, powers, privileges,
11445	11445	functions, and duties provided by the general law of this state,
11446	11446	including Chapter 36, Water Code, applicable to groundwater
11447	11447	conservation districts created under Section 59, Article XVI, Texas
11448	11448	Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0904 (part);
11449	11449	Acts 77th Leg., R.S., Ch. 1314, Sec. 4(a) (part).)
11450	11450	Sec. 8854.102. AUTHORITY TO SET FEES. (a) In this section,
11451	11451	"agriculture" includes:
11452	11452	(1) cultivating the soil;
11453	11453	(2) producing crops for:
11454	11454	(A) human food;
11455	11455	(B) animal feed;
11456	11456	(C) planting seed; or
11457	11457	(D) the production of fibers;
11458	11458	(3) floriculture, viticulture, silviculture, and
11459	11459	horticulture, including the cultivation of plants in containers or
11460	11460	non-soil media;
11461	11461	(4) raising, feeding, or keeping livestock or other
11462	11462	animals for the production of food or fiber, leather, pelts, or
11463	11463	other tangible products having a commercial value;
11464	11464	(5) wildlife management;
11465	11465	(6) planting cover crops, including cover crops
11466	11466	cultivated for transplantation; and
11467	11467	(7) leaving land idle for the purpose of participating
11468	11468	in any governmental program or normal crop or livestock rotation
11469	11469	procedure.
11470	11470	(b) The district may set and collect fees for all services
11471	11471	provided outside the boundaries of the district. The fees may not
11472	11472	unreasonably exceed the cost to the district of providing the
11473	11473	services outside the district.
11474	11474	(c) The district may assess a production fee based on the
11475	11475	amount of water a permit authorizes to be withdrawn from a well or
11476	11476	the amount actually withdrawn. The district may assess a
11477	11477	production fee instead of or in conjunction with any tax otherwise
11478	11478	imposed by the district. The district may use production fee
11479	11479	revenue for any lawful purpose. Production fees may not exceed:
11480	11480	(1) $1 per acre-foot for water used for agriculture;
11481	11481	or
11482	11482	(2) $10 per acre-foot annually for water used for
11483	11483	another purpose.
11484	11484	(d) The district may assess a production fee under
11485	11485	Subsection (c) for water that is:
11486	11486	(1) produced under an exemption under Section 36.117,
11487	11487	Water Code; and
11488	11488	(2) subsequently sold to another person.
11489	11489	(e) Notwithstanding Section 36.117, Water Code, the
11490	11490	district may assess a production fee under Subsection (c) of this
11491	11491	section for any water produced for injection into a geologic
11492	11492	formation for the recovery of oil or natural gas. (Acts 77th Leg., R.S., Ch. 1314, Secs. 5(a), (c), (d), (e), (f).)
11493	11493	CHAPTER 8857. TEXANA GROUNDWATER CONSERVATION DISTRICT
11494	11494	SUBCHAPTER A. GENERAL PROVISIONS
11495	11495	Sec. 8857.001. DEFINITIONS
11496	11496	Sec. 8857.002. NATURE OF DISTRICT
11497	11497	Sec. 8857.003. FINDINGS OF PUBLIC USE AND BENEFIT
11498	11498	Sec. 8857.004. DISTRICT TERRITORY
11499	11499	[Sections 8857.005-8857.050 reserved for expansion]
11500	11500	SUBCHAPTER B. BOARD OF DIRECTORS
11501	11501	Sec. 8857.051. COMPOSITION OF BOARD; TERMS
11502	11502	Sec. 8857.052. ELECTION OF DIRECTORS
11503	11503	Sec. 8857.053. ELECTION DATE
11504	11504	Sec. 8857.054. QUALIFICATIONS FOR OFFICE
11505	11505	Sec. 8857.055. BOARD VACANCY
11506	11506	Sec. 8857.056. COMPENSATION; EXPENSES
11507	11507	[Sections 8857.057-8857.100 reserved for expansion]
11508	11508	SUBCHAPTER C. POWERS AND DUTIES
11509	11509	Sec. 8857.101. GROUNDWATER CONSERVATION DISTRICT
11510	11510	POWERS AND DUTIES
11511	11511	Sec. 8857.102. CONTRACTS WITH OTHER GOVERNMENTAL
11512	11512	ENTITIES
11513	11513	[Sections 8857.103-8857.150 reserved for expansion]
11514	11514	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11515	11515	Sec. 8857.151. LIMITATION ON TAXES
11516	11516	CHAPTER 8857. TEXANA GROUNDWATER CONSERVATION DISTRICT
11517	11517	SUBCHAPTER A. GENERAL PROVISIONS
11518	11518	Sec. 8857.001. DEFINITIONS. In this chapter:
11519	11519	(1) "Board" means the district's board of directors.
11520	11520	(2) "Director" means a board member.
11521	11521	(3) "District" means the Texana Groundwater
11522	11522	Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
11523	11523	Acts 77th Leg., R.S., Ch. 307, Sec. 2; Acts 77th Leg., R.S., Ch.
11524	11524	966, Sec. 3.1102; New.)
11525	11525	Sec. 8857.002. NATURE OF DISTRICT. The district is a
11526	11526	groundwater conservation district created under and essential to
11527	11527	accomplish the purposes of Section 59, Article XVI, Texas
11528	11528	Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
11529	11529	(c).)
11530	11530	Sec. 8857.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11531	11531	district is created to serve a public use and benefit.
11532	11532	(b) All land and other property included in the district
11533	11533	will benefit from the works and projects accomplished by the
11534	11534	district under the powers conferred by Section 59, Article XVI,
11535	11535	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
11536	11536	Sec. 8857.004. DISTRICT TERRITORY. The district's
11537	11537	boundaries are coextensive with the boundaries of Jackson County
11538	11538	unless the district's territory has been modified under:
11539	11539	(1) Subchapter J, Chapter 36, Water Code; or
11540	11540	(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
11541	11541	2(a) (part); Acts 77th Leg., R.S., Ch. 307, Sec. 3; Acts 77th Leg.,
11542	11542	R.S., Ch. 966, Sec. 3.1103; New.)
11543	11543	[Sections 8857.005-8857.050 reserved for expansion]
11544	11544	SUBCHAPTER B. BOARD OF DIRECTORS
11545	11545	Sec. 8857.051. COMPOSITION OF BOARD; TERMS. (a) The
11546	11546	district is governed by a board of seven directors.
11547	11547	(b) Directors serve staggered four-year terms. (Acts 77th
11548	11548	Leg., R.S., Ch. 307, Secs. 5(a), (d); Acts 77th Leg., R.S., Ch. 966,
11549	11549	Secs. 3.1105(a), (d).)
11550	11550	Sec. 8857.052. ELECTION OF DIRECTORS. (a) Directors are
11551	11551	elected according to the commissioners precinct method provided by
11552	11552	this section.
11553	11553	(b) Three directors are elected by the voters of the entire
11554	11554	district. One director is elected from each county commissioners
11555	11555	precinct by the voters of that precinct.
11556	11556	(c) A person shall indicate on the application for a place
11557	11557	on the ballot:
11558	11558	(1) the precinct that the person seeks to represent;
11559	11559	or
11560	11560	(2) that the person seeks to represent the district at
11561	11561	large.
11562	11562	(d) When the boundaries of the county commissioners
11563	11563	precincts are changed, each director in office on the effective
11564	11564	date of the change or elected to a term of office beginning on or
11565	11565	after the effective date of the change serves in the precinct to
11566	11566	which the director was elected for the entire term to which the
11567	11567	director was elected, even though the change in boundaries places
11568	11568	the person's residence outside the precinct for which the person
11569	11569	was elected. (Acts 77th Leg., R.S., Ch. 307, Secs. 6(a), (b), (d);
11570	11570	Acts 77th Leg., R.S., Ch. 966, Secs. 3.1106(a), (b), (d), (e).)
11571	11571	Sec. 8857.053. ELECTION DATE. On the uniform election date
11572	11572	in May of each even-numbered year, the appropriate number of
11573	11573	directors shall be elected. (Acts 77th Leg., R.S., Ch. 307, Sec.
11574	11574	8(b); Acts 77th Leg., R.S., Ch. 966, Sec. 3.1108(b).)
11575	11575	Sec. 8857.054. QUALIFICATIONS FOR OFFICE. (a) To be
11576	11576	qualified to be a candidate for or to serve as director at large, a
11577	11577	person must be a registered voter in the district.
11578	11578	(b) To be a candidate for or to serve as director from a
11579	11579	county commissioners precinct, a person must be a registered voter
11580	11580	of that precinct, except as provided by Section 8857.052(d). (Acts
11581	11581	77th Leg., R.S., Ch. 307, Sec. 6(c); Acts 77th Leg., R.S., Ch. 966,
11582	11582	Sec. 3.1106(c); New.)
11583	11583	Sec. 8857.055. BOARD VACANCY. If there is a vacancy on the
11584	11584	board, the remaining directors shall appoint a director to serve
11585	11585	the remainder of the term. (Acts 77th Leg., R.S., Ch. 307, Sec.
11586	11586	5(g); Acts 77th Leg., R.S., Ch. 966, Sec. 3.1105(g).)
11587	11587	Sec. 8857.056. COMPENSATION; EXPENSES. A director may not
11588	11588	receive a salary or other compensation for service as a director but
11589	11589	may be reimbursed for actual expenses of attending meetings at the
11590	11590	rate in effect for employees of Jackson County. (Acts 77th Leg.,
11591	11591	R.S., Ch. 307, Sec. 5(h); Acts 77th Leg., R.S., Ch. 966, Sec.
11592	11592	3.1105(h).)
11593	11593	[Sections 8857.057-8857.100 reserved for expansion]
11594	11594	SUBCHAPTER C. POWERS AND DUTIES
11595	11595	Sec. 8857.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11596	11596	AND DUTIES. The district has the rights, powers, privileges,
11597	11597	functions, and duties provided by the general law of this state,
11598	11598	including Chapter 36, Water Code, applicable to groundwater
11599	11599	conservation districts created under Section 59, Article XVI, Texas
11600	11600	Constitution. (Acts 77th Leg., R.S., Ch. 307, Sec. 4(a) (part);
11601	11601	Acts 77th Leg., R.S., Ch. 966, Sec. 3.1104 (part).)
11602	11602	Sec. 8857.102. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.
11603	11603	(a) The district may contract with other governmental entities.
11604	11604	(b) The district may contract with other governmental
11605	11605	entities, including a river authority in the district, to perform
11606	11606	district functions.
11607	11607	(c) A river authority that contracts with the district under
11608	11608	Subsection (b) may perform district functions as provided by the
11609	11609	contract. (Acts 77th Leg., R.S., Ch. 307, Sec. 10; Acts 77th Leg.,
11610	11610	R.S., Ch. 966, Sec. 3.1110.)
11611	11611	[Sections 8857.103-8857.150 reserved for expansion]
11612	11612	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11613	11613	Sec. 8857.151. LIMITATION ON TAXES. The district may not
11614	11614	impose an ad valorem tax at a rate that exceeds two cents on each
11615	11615	$100 valuation of taxable property in the district. (Acts 77th
11616	11616	Leg., R.S., Ch. 307, Sec. 9; Acts 77th Leg., R.S., Ch. 966, Sec.
11617	11617	3.1109.)
11618	11618	SECTION 1.04. Title 6, Special District Local Laws Code, is
11619	11619	amended by adding Subtitle M to read as follows:
11620	11620	SUBTITLE M. WATER POWER CONTROL DISTRICTS
11621	11621	CHAPTER 9701. RED BLUFF WATER POWER CONTROL DISTRICT: TRANSFER OF
11622	11622	FUNDS
11623	11623	SUBCHAPTER A. GENERAL PROVISIONS
11624	11624	Sec. 9701.001. DEFINITIONS
11625	11625	Sec. 9701.002. NATURE OF DISTRICT
11626	11626	Sec. 9701.003. MEMBER DISTRICTS
11627	11627	[Sections 9701.004-9701.150 reserved for expansion]
11628	11628	SUBCHAPTER B. GENERAL FINANCIAL PROVISIONS
11629	11629	Sec. 9701.151. USE OF MONEY
11630	11630	Sec. 9701.152. ALLOCATION OF EARNED INTEREST
11631	11631	Sec. 9701.153. INVESTMENT AND EXPENDITURE OF PRINCIPAL
11632	11632	Sec. 9701.154. ANNUAL ACCOUNTING
11633	11633	SUBTITLE M. WATER POWER CONTROL DISTRICTS
11634	11634	CHAPTER 9701. RED BLUFF WATER POWER CONTROL DISTRICT: TRANSFER OF
11635	11635	FUNDS
11636	11636	SUBCHAPTER A. GENERAL PROVISIONS
11637	11637	Sec. 9701.001. DEFINITIONS. In this chapter:
11638	11638	(1) "Member district" means a district listed as a
11639	11639	member of the Red Bluff District in Section 9701.003.
11640	11640	(2) "Principal amount" means the amount of $13.8
11641	11641	million, representing the amount received by this state by order of
11642	11642	the United States Supreme Court in the case of Texas v. New Mexico
11643	11643	(494 U.S. 111 (1990)) and deposited to the credit of the Pecos River
11644	11644	compact account established by Section 1, Chapter 3, Acts of the
11645	11645	71st Legislature, 5th Called Session, 1990.
11646	11646	(3) "Red Bluff District" means the Red Bluff Water
11647	11647	Power Control District. (Acts 72nd Leg., 1st C.S., Ch. 4, Secs.
11648	11648	10.01(3) (part), (4), (5), (6) (part).)
11649	11649	Sec. 9701.002. NATURE OF DISTRICT. The Red Bluff District
11650	11650	is a water power control district created under Chapter 76, General
11651	11651	Laws, Acts of the 43rd Legislature, Regular Session, 1933 (Article
11652	11652	7807d, Vernon's Texas Civil Statutes). (Acts 72nd Leg., 1st C.S.,
11653	11653	Ch. 4, Sec. 10.01(6) (part).)
11654	11654	Sec. 9701.003. MEMBER DISTRICTS. The Red Bluff District is
11655	11655	composed of the following member districts:
11656	11656	(1) Loving County Water Improvement District No. 1;
11657	11657	(2) Reeves County Water Improvement District No. 2;
11658	11658	(3) Ward County Irrigation District No. 3;
11659	11659	(4) Ward County Irrigation District No. 1;
11660	11660	(5) Ward County Water Improvement District No. 2;
11661	11661	(6) Pecos County Water Improvement District No. 2; and
11662	11662	(7) Pecos County Water Improvement District No. 3.
11663	11663	(Acts 72nd Leg., 1st C.S., Ch. 4, Sec. 10.01(3).)
11664	11664	[Sections 9701.004-9701.150 reserved for expansion]
11665	11665	SUBCHAPTER B. GENERAL FINANCIAL PROVISIONS
11666	11666	Sec. 9701.151. USE OF MONEY. (a) The money received by the
11667	11667	Red Bluff District under Chapter 4, Acts of the 72nd Legislature,
11668	11668	1st Called Session, 1991, and any interest earned on the money, may
11669	11669	be used by the Red Bluff District or a member district only for
11670	11670	agricultural or irrigation projects, including an associated water
11671	11671	quality improvement project that affects surface water irrigators
11672	11672	in Loving, Pecos, Reeves, or Ward County.
11673	11673	(b) A project authorized under Subsection (a) may include:
11674	11674	(1) the operation of the Red Bluff District or a member
11675	11675	district; and
11676	11676	(2) the maintenance of a water supply reservoir,
11677	11677	associated downstream diversion facility, or internal distribution
11678	11678	system of the Red Bluff District or a member district. (Acts 72nd
11679	11679	Leg., 1st C.S., Ch. 4, Sec. 10.03.)
11680	11680	Sec. 9701.152. ALLOCATION OF EARNED INTEREST. The Red
11681	11681	Bluff District shall annually distribute interest earned on the
11682	11682	principal amount as follows:
11683	11683	(1) one-third to the Red Bluff District; and
11684	11684	(2) two-thirds to the member districts, to be
11685	11685	allocated among the member districts in the same percentages as
11686	11686	each member district's pro rata share of water under the master
11687	11687	contract between the Red Bluff District and the member districts
11688	11688	dated March 8, 1934. (Acts 72nd Leg., 1st C.S., Ch. 4, Secs.
11689	11689	10.01(2), 10.04(a), (d).)
11690	11690	Sec. 9701.153. INVESTMENT AND EXPENDITURE OF PRINCIPAL.
11691	11691	(a) The Red Bluff District shall invest the principal amount in
11692	11692	accordance with Chapter 2256, Government Code.
11693	11693	(b) The Red Bluff District shall comply with Chapter 2257,
11694	11694	Government Code, to the extent applicable.
11695	11695	(c) The Red Bluff District may not spend any portion of the
11696	11696	principal amount unless the expenditure is approved by an
11697	11697	affirmative vote of:
11698	11698	(1) the board of directors of the Red Bluff District;
11699	11699	and
11700	11700	(2) the boards of directors of at least five member
11701	11701	districts. (Acts 72nd Leg., 1st C.S., Ch. 4, Secs. 10.04(c), (e).)
11702	11702	Sec. 9701.154. ANNUAL ACCOUNTING. The Red Bluff District
11703	11703	shall provide to each member district and the Texas Water
11704	11704	Development Board an annual accounting of the Red Bluff District's
11705	11705	administration of money under this chapter and of the amount of
11706	11706	interest earned. (Acts 72nd Leg., 1st C.S., Ch. 4, Secs. 10.01(1),
11707	11707	10.05.)
11708	11708	ARTICLE 2. CONFORMING AMENDMENTS
11709	11709	SECTION 2.01. Subsection (a), Section 1, Chapter 1331, Acts
11710	11710	of the 76th Legislature, Regular Session, 1999, is amended to read
11711	11711	as follows:
11712	11712	(a) The following groundwater conservation districts are
11713	11713	created:
11714	11714	(1) [Cow Creek Groundwater Conservation District;
11715	11715	[(2) Brazos Valley Groundwater Conservation District;
11716	11716	[(3)] Crossroads Groundwater Conservation District;
11717	11717	(2) [(4) Hays Trinity Groundwater Conservation
11718	11718	District;
11719	11719	[(5)] McMullen Groundwater Conservation District;
11720	11720	(3) [(6) Middle Pecos Groundwater Conservation
11721	11721	District;
11722	11722	[(7)] Red Sands Groundwater Conservation District;
11723	11723	and
11724	11724	(4) [(8) Refugio Groundwater Conservation District;
11725	11725	[(9)] Southeast Trinity Groundwater Conservation
11726	11726	District[; and
11727	11727	[(10) Texana Groundwater Conservation District].
11728	11728	SECTION 2.02. Subsection (a), Section 2, Chapter 1331, Acts
11729	11729	of the 76th Legislature, Regular Session, 1999, is amended to read
11730	11730	as follows:
11731	11731	(a) The boundaries of the following groundwater
11732	11732	conservation districts are coextensive with county boundaries as
11733	11733	follows:
11734	11734	(1) [the boundaries of the Cow Creek Groundwater
11735	11735	Conservation District are coextensive with the boundaries of
11736	11736	Kendall County;
11737	11737	[(2) the boundaries of the Brazos Valley Groundwater
11738	11738	Conservation District are coextensive with the boundaries of
11739	11739	Robertson and Brazos Counties;
11740	11740	[(3)] the boundaries of the Crossroads Groundwater
11741	11741	Conservation District are coextensive with the boundaries of
11742	11742	Victoria County; and
11743	11743	(2) [(4)] the boundaries of the McMullen Groundwater
11744	11744	Conservation District are coextensive with the boundaries of
11745	11745	McMullen County[;
11746	11746	[(5) the boundaries of the Middle Pecos Groundwater
11747	11747	Conservation District are coextensive with the boundaries of Pecos
11748	11748	County;
11749	11749	[(6) the boundaries of the Refugio Groundwater
11750	11750	Conservation District are coextensive with the boundaries of
11751	11751	Refugio County; and
11752	11752	[(7) the boundaries of the Texana Groundwater
11753	11753	Conservation District are coextensive with the boundaries of
11754	11754	Jackson County].
11755	11755	ARTICLE 3. REPEALERS
11756	11756	SECTION 3.01. The following statutes are repealed:
11757	11757	(1) Chapter 38, Acts of the 60th Legislature, Regular
11758	11758	Session, 1967;
11759	11759	(2) Chapter 1017, Acts of the 70th Legislature,
11760	11760	Regular Session, 1987;
11761	11761	(3) Chapter 183, Acts of the 60th Legislature, Regular
11762	11762	Session, 1967;
11763	11763	(4) Chapter 431, Acts of the 60th Legislature, Regular
11764	11764	Session, 1967;
11765	11765	(5) Article 3, Chapter 132, Acts of the 74th
11766	11766	Legislature, Regular Session, 1995;
11767	11767	(6) Chapter 548, Acts of the 71st Legislature, Regular
11768	11768	Session, 1989;
11769	11769	(7) Chapter 54, Acts of the 58th Legislature, Regular
11770	11770	Session, 1963;
11771	11771	(8) Chapter 470, Acts of the 61st Legislature, Regular
11772	11772	Session, 1969;
11773	11773	(9) Chapter 200, Acts of the 62nd Legislature, Regular
11774	11774	Session, 1971;
11775	11775	(10) Chapter 1047, Acts of the 68th Legislature,
11776	11776	Regular Session, 1983;
11777	11777	(11) Chapter 135, Acts of the 58th Legislature,
11778	11778	Regular Session, 1963;
11779	11779	(12) Chapter 16, Acts of the 59th Legislature, Regular
11780	11780	Session, 1965;
11781	11781	(13) Chapter 1055, Acts of the 68th Legislature,
11782	11782	Regular Session, 1983;
11783	11783	(14) Chapter 653, Acts of the 59th Legislature,
11784	11784	Regular Session, 1965;
11785	11785	(15) Sections 2 and 3, Chapter 838, Acts of the 66th
11786	11786	Legislature, Regular Session, 1979;
11787	11787	(16) Chapter 24, Acts of the 72nd Legislature, Regular
11788	11788	Session, 1991;
11789	11789	(17) Chapter 422, Acts of the 60th Legislature,
11790	11790	Regular Session, 1967;
11791	11791	(18) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
11792	11792	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 265, Acts
11793	11793	of the 67th Legislature, Regular Session, 1981; and
11794	11794	(19) Chapter 848, Acts of the 62nd Legislature,
11795	11795	Regular Session, 1971.
11796	11796	SECTION 3.02. The following statutes are repealed:
11797	11797	(1) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
11798	11798	15, and 16, Chapter 472, Acts of the 69th Legislature, Regular
11799	11799	Session, 1985;
11800	11800	(2) Chapter 201, Acts of the 64th Legislature, Regular
11801	11801	Session, 1975;
11802	11802	(3) Sections 3, 4, and 5, Chapter 588, Acts of the 71st
11803	11803	Legislature, Regular Session, 1989;
11804	11804	(4) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter
11805	11805	1066, Acts of the 75th Legislature, Regular Session, 1997;
11806	11806	(5) Section 7, Chapter 1141, Acts of the 76th
11807	11807	Legislature, Regular Session, 1999;
11808	11808	(6) Sections 3 and 4, Chapter 410, Acts of the 81st
11809	11809	Legislature, Regular Session, 2009;
11810	11810	(7) Part 13, Article 3, Chapter 966, Acts of the 77th
11811	11811	Legislature, Regular Session, 2001;
11812	11812	(8) Article 2, Chapter 1307, Acts of the 77th
11813	11813	Legislature, Regular Session, 2001;
11814	11814	(9) Part 1, Article 3, Chapter 966, Acts of the 77th
11815	11815	Legislature, Regular Session, 2001;
11816	11816	(10) Chapter 1349, Acts of the 77th Legislature,
11817	11817	Regular Session, 2001;
11818	11818	(11) Sections 4 and 5, Chapter 1064, Acts of the 81st
11819	11819	Legislature, Regular Session, 2009;
11820	11820	(12) Chapter 1352, Acts of the 77th Legislature,
11821	11821	Regular Session, 2001;
11822	11822	(13) Sections 9 and 10, Chapter 192, Acts of the 80th
11823	11823	Legislature, Regular Session, 2007;
11824	11824	(14) Chapter 1359, Acts of the 77th Legislature,
11825	11825	Regular Session, 2001;
11826	11826	(15) Section 2, Chapter 12, Acts of the 81st
11827	11827	Legislature, Regular Session, 2009;
11828	11828	(16) Subsection (b), Section 2, Chapter 1331, Acts of
11829	11829	the 76th Legislature, Regular Session, 1999;
11830	11830	(17) Part 3, Article 3, Chapter 966, Acts of the 77th
11831	11831	Legislature, Regular Session, 2001;
11832	11832	(18) Chapter 65, Acts of the 69th Legislature, Regular
11833	11833	Session, 1985;
11834	11834	(19) Sections 13 and 14, Chapter 113, Acts of the 81st
11835	11835	Legislature, Regular Session, 2009;
11836	11836	(20) Chapter 1299, Acts of the 77th Legislature,
11837	11837	Regular Session, 2001;
11838	11838	(21) Part 9, Article 3, Chapter 966, Acts of the 77th
11839	11839	Legislature, Regular Session, 2001;
11840	11840	(22) Chapter 1314, Acts of the 77th Legislature,
11841	11841	Regular Session, 2001;
11842	11842	(23) Chapter 307, Acts of the 77th Legislature,
11843	11843	Regular Session, 2001;
11844	11844	(24) Part 11, Article 3, Chapter 966, Acts of the 77th
11845	11845	Legislature, Regular Session, 2001; and
11846	11846	(25) Article 10, Chapter 4, Acts of the 72nd
11847	11847	Legislature, 1st Called Session, 1991.
11848	11848	ARTICLE 4. GENERAL MATTERS
11849	11849	SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
11850	11850	This Act is enacted under Section 43, Article III, Texas
11851	11851	Constitution. This Act is intended as a codification only, and no
11852	11852	substantive change in the law is intended by this Act. This Act
11853	11853	does not increase or decrease the territory of any special district
11854	11854	of the state as those boundaries exist on the effective date of this
11855	11855	Act.
11856	11856	SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
11857	11857	LAW. (a) The repeal of a law, including a validating law, by this
11858	11858	Act does not remove, void, or otherwise affect in any manner a
11859	11859	validation under the repealed law. The validation is preserved and
11860	11860	continues to have the same effect that it would have if the law were
11861	11861	not repealed.
11862	11862	(b) Subsection (a) of this section does not diminish the
11863	11863	saving provisions prescribed by Section 311.031, Government Code.
11864	11864	SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
11865	11865	1, 2013.