Texas 2011 - 82nd Regular

Texas Senate Bill SB310 Compare Versions

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1	1	By: Seliger S.B. No. 310
2	2	(Smithee)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Dallam-Hartley Counties Hospital District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1018.061, Special District Local Laws
10	10	Code, is amended by amending Subsection (c) and adding Subsection
11	11	(d) to read as follows:
12	12	(c) Except as provided by Section 1018.0615, the [The] board
13	13	may delegate to the district administrator the authority to hire
14	14	district employees, including technicians and nurses.
15	15	(d) The board may employ physicians, but only as provided by
16	16	Section 1018.0615. The board may employ other health care
17	17	providers as the board considers necessary for the efficient
18	18	operation of the district.
19	19	SECTION 2. Subchapter B, Chapter 1018, Special District
20	20	Local Laws Code, is amended by adding Section 1018.0615 to read as
21	21	follows:
22	22	Sec. 1018.0615. EMPLOYMENT OF PHYSICIANS. (a) The board
23	23	may employ a physician and retain all or part of the professional
24	24	income generated by the physician for medical services provided at
25	25	a hospital or other health care facility owned or operated by the
26	26	district if the board satisfies the requirements of this section.
27	27	(b) The board shall:
28	28	(1) appoint a chief medical officer for the district;
29	29	and
30	30	(2) adopt, maintain, and enforce policies to ensure
31	31	that a physician employed by the district exercises the physician's
32	32	independent medical judgment in providing care to patients.
33	33	(c) The policies adopted under this section must include:
34	34	(1) policies relating to:
35	35	(A) credentialing;
36	36	(B) quality assurance;
37	37	(C) utilization review;
38	38	(D) peer review; and
39	39	(E) medical decision-making; and
40	40	(2) the implementation of a complaint mechanism to
41	41	process and resolve complaints regarding interference or attempted
42	42	interference with a physician's independent medical judgment.
43	43	(d) The policies adopted under this section:
44	44	(1) must be approved by the chief medical officer of
45	45	the district; and
46	46	(2) shall prevail over a conflicting policy of the
47	47	district.
48	48	(e) For all matters relating to the practice of medicine,
49	49	each physician employed by the board shall ultimately report to the
50	50	chief medical officer of the district.
51	51	(f) The chief medical officer will report immediately to the
52	52	Texas Medical Board any action or event that the chief medical
53	53	officer reasonably and in good faith believes constitutes a
54	54	compromise of the independent medical judgment of a physician in
55	55	caring for a patient.
56	56	(g) The board may not delegate to the district administrator
57	57	the authority to hire a physician.
58	58	(h) This section may not be construed as authorizing the
59	59	board to supervise or control the practice of medicine as
60	60	prohibited under Subtitle B, Title 3, Occupations Code.
61	61	SECTION 3. Section 1018.161, Special District Local Laws
62	62	Code, is amended to read as follows:
63	63	Sec. 1018.161. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
64	64	(a) The board may borrow money at a rate [for district operating
65	65	expenses in an amount] not to exceed the maximum annual percentage
66	66	rate allowed by law for district obligations at the time the loan is
67	67	made [amount of tax or other revenue the district expects to receive
68	68	during the fiscal year in which the money is borrowed].
69	69	(b) To secure a loan, the board may pledge:
70	70	(1) district revenue that is not pledged to pay the
71	71	district's bonded indebtedness;
72	72	(2) a district tax to be imposed by the district during
73	73	the 12-month period following the date of the pledge that is not
74	74	pledged to pay the principal of or interest on district bonds; or
75	75	(3) district bonds that have been authorized but not
76	76	sold.
77	77	(c) A loan for which taxes or bonds are pledged must mature
78	78	not later than the first anniversary of the date the loan is made. A
79	79	loan for which district revenue is pledged must mature not later
80	80	than the fifth anniversary of the date the loan is made [To repay
81	81	the debt, the district may pledge all or part of the tax or other
82	82	revenue received during the fiscal year in which the board borrows
83	83	money under this section].
84	84	SECTION 4. Subchapter E, Chapter 1018, Special District
85	85	Local Laws Code, is amended by adding Sections 1018.209 and
86	86	1018.210 to read as follows:
87	87	Sec. 1018.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF
88	88	BONDS. In addition to the authority to issue general obligation
89	89	bonds and revenue bonds under this subchapter, the board may
90	90	provide for the security and payment of district bonds from a pledge
91	91	of a combination of ad valorem taxes as authorized by Section
92	92	1018.202 and revenue and other sources authorized by Section
93	93	1018.206.
94	94	Sec. 1018.210. USE OF BOND PROCEEDS. The district may use
95	95	the proceeds of bonds issued under this subchapter to pay:
96	96	(1) any expense the board determines is reasonable and
97	97	necessary to issue, sell, and deliver the bonds;
98	98	(2) interest payments on the bonds during a period of
99	99	acquisition or construction of a project or facility to be provided
100	100	through the bonds, not to exceed five years;
101	101	(3) costs related to the operation and maintenance of
102	102	a project or facility to be provided through the bonds:
103	103	(A) during an estimated period of acquisition or
104	104	construction, not to exceed five years; and
105	105	(B) for one year after the project or facility is
106	106	acquired or constructed;
107	107	(4) costs related to the financing of the bond funds,
108	108	including debt service reserve and contingency funds;
109	109	(5) costs related to the bond issuance;
110	110	(6) costs related to the acquisition of land or
111	111	interests in land for a project or facility to be provided through
112	112	the bonds; and
113	113	(7) costs of construction of a project or facility to
114	114	be provided through the bonds, including the payment of related
115	115	professional services and expenses.
116	116	SECTION 5. Chapter 1018, Special District Local Laws Code,
117	117	is amended by adding Subchapter G to read as follows:
118	118	SUBCHAPTER G. DISSOLUTION
119	119	Sec. 1018.301. DISSOLUTION; ELECTION. (a) The district
120	120	may be dissolved only on approval of a majority of the district
121	121	voters voting in an election held for that purpose.
122	122	(b) The board may order an election on the question of
123	123	dissolving the district and disposing of the district's assets and
124	124	obligations.
125	125	(c) The board shall order an election if the board receives
126	126	a petition requesting an election that is signed by at least 15
127	127	percent of the registered voters in the district.
128	128	(d) The order calling the election must state:
129	129	(1) the nature of the election, including the
130	130	proposition to appear on the ballot;
131	131	(2) the date of the election;
132	132	(3) the hours during which the polls will be open; and
133	133	(4) the location of the polling places.
134	134	(e) Section 41.001(a), Election Code, does not apply to an
135	135	election ordered under this section.
136	136	Sec. 1018.302. NOTICE OF ELECTION. (a) The board shall
137	137	give notice of an election under this subchapter by publishing once
138	138	a week for two consecutive weeks a substantial copy of the election
139	139	order in a newspaper with general circulation in the district.
140	140	(b) The first publication of the notice must appear not
141	141	later than the 35th day before the date set for the election.
142	142	Sec. 1018.303. BALLOT. The ballot for an election under
143	143	this subchapter must be printed to permit voting for or against the
144	144	proposition: "The dissolution of the Dallam-Hartley Counties
145	145	Hospital District."
146	146	Sec. 1018.304. ELECTION RESULTS. (a) If a majority of the
147	147	votes in an election under this subchapter favor dissolution, the
148	148	board shall find that the district is dissolved.
149	149	(b) If a majority of the votes in the election do not favor
150	150	dissolution, the board shall continue to administer the district
151	151	and another election on the question of dissolution may not be held
152	152	before the first anniversary of the date of the most recent election
153	153	on the question of dissolution.
154	154	Sec. 1018.305. TRANSFER OF ADMINISTRATION OF ASSETS.
155	155	(a) If a majority of the votes in the election held under this
156	156	subchapter favor dissolution, the board shall:
157	157	(1) transfer the land, buildings, improvements,
158	158	equipment, and other assets that belong to the district to Dallam
159	159	County or Hartley County or another governmental entity in Dallam
160	160	County or Hartley County; or
161	161	(2) administer the property, assets, and debts until
162	162	all money has been disposed of and all district debts have been paid
163	163	or settled.
164	164	(b) If the district makes the transfer under Subsection
165	165	(a)(1), the county or entity assumes all debts and obligations of
166	166	the district at the time of the transfer, and the district is
167	167	dissolved.
168	168	(c) If Subsection (a)(1) does not apply and the board
169	169	administers the property, assets, and debts of the district under
170	170	Subsection (a)(2), the district is dissolved when all money has
171	171	been disposed of and all district debts have been paid or settled.
172	172	Sec. 1018.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
173	173	TAXES. (a) After the board finds that the district is dissolved,
174	174	the board shall:
175	175	(1) determine the debt owed by the district; and
176	176	(2) impose on the property included in the district's
177	177	tax rolls a tax that is in proportion of the debt to the property
178	178	value.
179	179	(b) On the payment of all outstanding debts and obligations
180	180	of the district, the board shall order the secretary to return to
181	181	each district taxpayer the taxpayer's pro rata share of all unused
182	182	tax money.
183	183	(c) A taxpayer may request that the taxpayer's share of
184	184	surplus tax money be credited to the taxpayer's county taxes. If a
185	185	taxpayer requests the credit, the board shall direct the secretary
186	186	to transmit the money to the appropriate county tax
187	187	assessor-collector.
188	188	Sec. 1018.307. REPORT; DISSOLUTION ORDER. (a) After the
189	189	district has paid all district debts and has disposed of all
190	190	district money and other assets as prescribed by this subchapter,
191	191	the board shall file a written report with the Commissioners Courts
192	192	of Dallam and Hartley Counties summarizing the board's actions in
193	193	dissolving the district.
194	194	(b) Not later than the 10th day after the date the
195	195	Commissioners Court of Dallam County receives the report and
196	196	determines that the requirements of this subchapter have been
197	197	fulfilled, the commissioners court shall enter an order approving
198	198	dissolution of the district and releasing the board from any
199	199	further duty or obligation as to Dallam County.
200	200	(c) Not later than the 10th day after the date the
201	201	Commissioners Court of Hartley County receives the report and
202	202	determines that the requirements of this subchapter have been
203	203	fulfilled, the commissioners court shall enter an order approving
204	204	dissolution of the district and releasing the board from any
205	205	further duty or obligation as to Hartley County.
206	206	(d) Dissolution under this section is complete on entry of
207	207	the later of the two orders described by Subsections (b) and (c).
208	208	SECTION 6. This Act takes effect immediately if it receives
209	209	a vote of two-thirds of all the members elected to each house, as
210	210	provided by Section 39, Article III, Texas Constitution. If this
211	211	Act does not receive the vote necessary for immediate effect, this
212	212	Act takes effect September 1, 2011.