By: Keffer (Senate Sponsor - Duncan) H.B. No. 1259
(In the Senate - Received from the House April 22, 2013;
April 22, 2013, read first time and referred to Committee on
Intergovernmental Relations; May 10, 2013, reported favorably by
the following vote: Yeas 5, Nays 0; May 10, 2013, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the dissolution of the Cisco Hospital District;
authorizing the imposition of a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Acts of the 59th Legislature,
Regular Session, 1965, is amended by adding Section 7A to read as
follows:
Sec. 7A. (a) The District may be dissolved only on approval
of a majority of the voters of the District voting in an election
held for that purpose.
(b) The board of directors of the District may order an
election on the question of dissolving the District and disposing
of the assets and obligations of the District.
(c) The board of directors shall order an election if the
board receives a petition requesting an election that is signed by
at least 15 percent of the registered voters in the District.
(d) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) The board of directors shall give notice of an election
under this section by publishing once a week for two consecutive
weeks a substantial copy of the election order in a newspaper with
general circulation in the District.
(f) The first publication of the notice must appear not
later than the 35th day before the date set for the election.
(g) The ballot for an election under this section must be
printed to permit voting for or against the proposition: "The
dissolution of the Cisco Hospital District."
(h) If a majority of the votes in an election under this
section favor dissolution, the board of directors shall find that
the District is dissolved.
(i) If a majority of the votes in the election do not favor
dissolution, the board of directors shall continue to administer
the District and another election on the question of dissolution
may not be held before the first anniversary of the most recent
election to dissolve the District.
(j) If a majority of the votes in the election under this
section favor dissolution, the board of directors shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the District to Eastland
County or another governmental entity in Eastland County;
(2) sell the assets and liabilities to another person;
or
(3) administer the property, assets, and debts until
all money has been disposed of and all debts of the District have
been paid or settled.
(k) If the District makes the transfer under Subsection
(j)(1) of this section, the county or entity assumes all debts and
obligations of the District at the time of the transfer, and the
District is dissolved.
(l) If Subsections (j)(1) and (2) of this section do not
apply and the board of directors administers the property, assets,
and debts under Subsection (j)(3) of this section, the District is
dissolved when all money is disposed of and all District debts have
been paid or settled.
(m) The sale or transfer of the District's assets and
liabilities must satisfy the debt and bond obligations of the
District in a manner that protects the interests of the residents of
the District, including the residents' collective property rights
in the District's assets.
(n) The District may not transfer or dispose of the
District's assets except for due compensation unless:
(1) the transfer is made to a governmental agency that
serves the District; and
(2) the transferred assets are to be used for the
benefit of the residents of the District.
(o) After the board of directors finds that the District is
dissolved, the board shall:
(1) determine the debt owed by the District; and
(2) impose on the property included in the District's
tax rolls a tax that is in proportion of the debt to the property
value.
(p) On payment of all outstanding debts and obligations of
the District, the board of directors shall order the secretary to
return to each taxpayer of the District the taxpayer's pro rata
share of all unused tax money.
(q) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board of directors shall direct
the secretary to transmit the money to the county tax
assessor-collector.
(r) After the District has paid all debts of the District
and has disposed of all money and other assets of the District as
prescribed by this section, the board of directors shall file a
written report with the Commissioners Court of Eastland County
summarizing the board's actions in dissolving the District.
(s) Not later than the 10th day after the date the
Commissioners Court of Eastland County receives the report and
determines that the requirements of this section have been
fulfilled, the commissioners court shall enter an order dissolving
the District and releasing the board of directors from any further
duty or obligation.
(t) If all positions on the board of directors of the
District are vacant, the county judge of Eastland County has all the
powers and duties otherwise provided by law to the board of
directors of the District.
SECTION 2. All proceedings, resolutions, orders, and other
acts or attempted acts of the board of directors of the Cisco
Hospital District relating to the intended dissolution of the
district and the sale or transfer of any district assets and
liabilities pursuant to the intended dissolution of the district
occurring before the effective date of this Act are validated in all
respects as of the dates they occurred and may not be held invalid
because they were not performed in accordance with law.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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