Texas 2011 - 82nd Regular

Texas Senate Bill SB490 Compare Versions

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1	1	By: Fraser S.B. No. 490
2	2	(Miller of Erath)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Hamilton County Hospital District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1036.004, Special District Local Laws
10	10	Code, is amended to read as follows:
11	11	Sec. 1036.004. DISTRICT TERRITORY. The boundaries of the
12	12	district are coextensive with the boundaries of Commissioners
13	13	Precincts 1, 2, and 4 of Hamilton County as those boundaries existed
14	14	on June 14, 1989, unless the district's boundaries are expanded to
15	15	be coextensive with the boundaries of the county under Subchapter
16	16	G.
17	17	SECTION 2. Subsection (b), Section 1036.051, Special
18	18	District Local Laws Code, is amended to read as follows:
19	19	(b) One director is elected from each commissioners
20	20	precinct included in the district and two directors are elected
21	21	from the district at large. If the district is expanded under
22	22	Subchapter G so that the boundaries are coextensive with the
23	23	boundaries of the county, one director is elected from each
24	24	commissioners precinct and one director is elected from the
25	25	district at large. The board shall determine which director
26	26	position elected from the district at large will convert into a
27	27	position elected from the additional precinct.
28	28	SECTION 3. Section 1036.052, Special District Local Laws
29	29	Code, is amended to read as follows:
30	30	Sec. 1036.052. NOTICE OF ELECTION. Notice [At least 35 days
31	31	before the date of an election of directors, notice] of the election
32	32	shall be published in accordance with Section 4.003, Election Code,
33	33	[one time] in a newspaper with general circulation in the district.
34	34	SECTION 4. Section 1036.053, Special District Local Laws
35	35	Code, is amended to read as follows:
36	36	Sec. 1036.053. BALLOT APPLICATION [PETITION]. A person who
37	37	wants to have the person's name printed on the ballot as a candidate
38	38	for director must file with the board secretary an application in
39	39	accordance with Chapter 144, Election Code [a petition requesting
40	40	that action. The petition must:
41	41	[(1) be signed by at least 10 registered voters of the
42	42	district, as determined by the most recent official lists of
43	43	registered voters;
44	44	[(2) be filed not later than the 31st day before the
45	45	date of the election; and
46	46	[(3) specify the commissioners precinct the candidate
47	47	wants to represent or specify that the candidate wants to represent
48	48	the district at large].
49	49	SECTION 5. Subsection (a), Section 1036.160, Special
50	50	District Local Laws Code, is amended to read as follows:
51	51	(a) Except as provided by Sections 1036.111, 1036.161,
52	52	1036.201, 1036.204, [and] 1036.205, and 1036.210, the district may
53	53	not incur a debt payable from district revenue other than the
54	54	revenue on hand or to be on hand in the current and the immediately
55	55	following district fiscal years.
56	56	SECTION 6. Subchapter D, Chapter 1036, Special District
57	57	Local Laws Code, is amended by adding Section 1036.161 to read as
58	58	follows:
59	59	Sec. 1036.161. AUTHORITY TO BORROW MONEY; SECURITY.
60	60	(a) The board may borrow money at a rate not to exceed the maximum
61	61	annual percentage rate allowed by law for district obligations at
62	62	the time the loan is made.
63	63	(b) To secure a loan, the board may pledge:
64	64	(1) district revenue that is not pledged to pay the
65	65	district's bonded indebtedness;
66	66	(2) a district tax to be imposed by the district during
67	67	the 12-month period following the date of the pledge that is not
68	68	pledged to pay the principal of or interest on district bonds; or
69	69	(3) district bonds that have been authorized but not
70	70	sold.
71	71	(c) A loan for which taxes or bonds are pledged must mature
72	72	not later than the first anniversary of the date the loan is
73	73	made. A loan for which district revenue is pledged must mature not
74	74	later than the fifth anniversary of the date the loan is made.
75	75	SECTION 7. Subchapter E, Chapter 1036, Special District
76	76	Local Laws Code, is amended by adding Section 1036.210 to read as
77	77	follows:
78	78	Sec. 1036.210. USE OF BOND PROCEEDS. The district may use
79	79	the proceeds of bonds issued under this subchapter to pay:
80	80	(1) any expense the board determines is reasonable and
81	81	necessary to issue, sell, and deliver the bonds;
82	82	(2) interest payments on the bonds during a period of
83	83	acquisition or construction of a project or facility to be provided
84	84	through the bonds, not to exceed five years;
85	85	(3) costs related to the operation and maintenance of
86	86	a project or facility to be provided through the bonds:
87	87	(A) during an estimated period of acquisition or
88	88	construction, not to exceed five years; and
89	89	(B) for one year after the project or facility is
90	90	acquired or constructed;
91	91	(4) costs related to the financing of the bond funds,
92	92	including debt service reserve and contingency funds;
93	93	(5) costs related to the bond issuance;
94	94	(6) costs related to the acquisition of land or
95	95	interests in land for a project or facility to be provided through
96	96	the bonds; and
97	97	(7) construction costs of a project or facility to be
98	98	provided through the bonds, including the payment of related
99	99	professional services and expenses.
100	100	SECTION 8. Chapter 1036, Special District Local Laws Code,
101	101	is amended by adding Subchapters G and H to read as follows:
102	102	SUBCHAPTER G. EXPANSION OF DISTRICT TERRITORY
103	103	Sec. 1036.301. EXPANSION OF DISTRICT TERRITORY TO ENTIRE
104	104	COUNTY. The district may expand its territory boundaries to be
105	105	coextensive with the boundaries of the county in the manner
106	106	provided by Section 286.101, Health and Safety Code, for the
107	107	expansion of the territory of a hospital district created under
108	108	Chapter 286, Health and Safety Code.
109	109	SUBCHAPTER H. DISSOLUTION
110	110	Sec. 1036.401. DISSOLUTION; ELECTION. (a) The district
111	111	may be dissolved only on approval of a majority of the district
112	112	voters voting in an election held for that purpose.
113	113	(b) The board may order an election on the question of
114	114	dissolving the district and disposing of the district's assets and
115	115	obligations.
116	116	(c) The board shall order an election if the board receives
117	117	a petition requesting an election that is signed by at least 15
118	118	percent of the registered voters in the district.
119	119	(d) The order calling the election must state:
120	120	(1) the nature of the election, including the
121	121	proposition to appear on the ballot;
122	122	(2) the date of the election;
123	123	(3) the hours during which the polls will be open; and
124	124	(4) the location of the polling places.
125	125	(e) Section 41.001(a), Election Code, does not apply to an
126	126	election ordered under this section.
127	127	Sec. 1036.402. NOTICE OF ELECTION. (a) The board shall
128	128	give notice of an election under this subchapter by publishing once
129	129	a week for two consecutive weeks a substantial copy of the election
130	130	order in a newspaper with general circulation in the district.
131	131	(b) The first publication of the notice must appear not
132	132	later than the 35th day before the date set for the election.
133	133	Sec. 1036.403. BALLOT. The ballot for an election under
134	134	this subchapter must be printed to permit voting for or against the
135	135	proposition: "The dissolution of the Hamilton County Hospital
136	136	District."
137	137	Sec. 1036.404. ELECTION RESULTS. (a) If a majority of the
138	138	votes in an election under this subchapter favor dissolution, the
139	139	board shall find that the district is dissolved.
140	140	(b) If a majority of the votes in the election do not favor
141	141	dissolution, the board shall continue to administer the district
142	142	and another election on the question of dissolution may not be held
143	143	before the first anniversary of the date of the most recent election
144	144	on the question of dissolution.
145	145	Sec. 1036.405. TRANSFER OR ADMINISTRATION OF ASSETS.
146	146	(a) If a majority of the votes in the election held under this
147	147	subchapter favor dissolution, the board shall:
148	148	(1) transfer the land, buildings, improvements,
149	149	equipment, and other assets that belong to the district to Hamilton
150	150	County or another governmental entity in Hamilton County; or
151	151	(2) administer the property, assets, and debts until
152	152	all money has been disposed of and all district debts have been paid
153	153	or settled.
154	154	(b) If the district makes the transfer under Subsection
155	155	(a)(1), the county or entity assumes all debts and obligations of
156	156	the district at the time of the transfer, and the district is
157	157	dissolved.
158	158	(c) If Subsection (a)(1) does not apply and the board
159	159	administers the property, assets, and debts of the district under
160	160	Subsection (a)(2), the district is dissolved when all money has
161	161	been disposed of and all district debts have been paid or settled.
162	162	Sec. 1036.406. IMPOSITION OF TAX AND RETURN OF SURPLUS
163	163	TAXES. (a) After the board finds that the district is dissolved,
164	164	the board shall:
165	165	(1) determine the debt owed by the district; and
166	166	(2) impose on the property included in the district's
167	167	tax rolls a tax that is in proportion of the debt to the property
168	168	value.
169	169	(b) On the payment of all outstanding debts and obligations
170	170	of the district, the board shall order the secretary to return to
171	171	each district taxpayer the taxpayer's pro rata share of all unused
172	172	tax money.
173	173	(c) A taxpayer may request that the taxpayer's share of
174	174	surplus tax money be credited to the taxpayer's county taxes. If a
175	175	taxpayer requests the credit, the board shall direct the secretary
176	176	to transmit the money to the appropriate county tax
177	177	assessor-collector.
178	178	Sec. 1036.407. REPORT; DISSOLUTION ORDER. (a) After the
179	179	district has paid all district debts and has disposed of all
180	180	district money and other assets as prescribed by this subchapter,
181	181	the board shall file a written report with the Commissioners Court
182	182	of Hamilton County summarizing the board's actions in dissolving
183	183	the district.
184	184	(b) Not later than the 10th day after the date the
185	185	Commissioners Court of Hamilton County receives the report and
186	186	determines that the requirements of this subchapter have been
187	187	fulfilled, the commissioners court shall enter an order approving
188	188	dissolution of the district and releasing the board from any
189	189	further duty or obligation.
190	190	SECTION 9. This Act takes effect September 1, 2011.