Texas 2013 - 83rd Regular

Texas House Bill HB1969 Compare Versions

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1	1	By: Craddick (Senate Sponsor - Duncan) H.B. No. 1969
2	2	(In the Senate - Received from the House April 22, 2013;
3	3	April 22, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 10, 2013, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 10, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the McCamey County Hospital District; authorizing the
11	11	issuance of bonds; authorizing the imposition of a tax.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1058.051(b), Special District Local Laws
14	14	Code, as effective April 1, 2013, is amended to read as follows:
15	15	(b) Directors [Unless four-year terms are established under
16	16	Section 285.081, Health and Safety Code, directors] serve staggered
17	17	four-year [two-year] terms with the terms of two or three directors
18	18	expiring each odd-numbered year as appropriate.
19	19	SECTION 2. Section 1058.052, Special District Local Laws
20	20	Code, as effective April 1, 2013, is amended to read as follows:
21	21	Sec. 1058.052. NOTICE OF ELECTION. Notice [At least 30 days
22	22	before the date of a directors' election, notice] of an [the]
23	23	election of directors must be published in accordance with Section
24	24	4.003, Election Code, [one time] in a newspaper of general
25	25	circulation in Upton County.
26	26	SECTION 3. Section 1058.053(a), Special District Local Laws
27	27	Code, as effective April 1, 2013, is amended to read as follows:
28	28	(a) To qualify for election to the board, a person must:
29	29	(1) be at least 18 years of age;
30	30	(2) have been a resident of the district for at least
31	31	two years; and
32	32	(3) be a qualified voter of the district [; and
33	33	[(4) own taxable property in the district and have
34	34	duly rendered that property for taxation].
35	35	SECTION 4. Sections 1058.059(a) and (b), Special District
36	36	Local Laws Code, as effective April 1, 2013, are amended to read as
37	37	follows:
38	38	(a) The board shall appoint a qualified person to serve
39	39	[general manager to be known] as the district administrator.
40	40	(b) [The district administrator must be a qualified
41	41	practitioner of medicine or be specifically trained for work of
42	42	that type.] The district administrator may not be a director.
43	43	SECTION 5. The heading to Section 1058.106, Special
44	44	District Local Laws Code, as effective April 1, 2013, is amended to
45	45	read as follows:
46	46	Sec. 1058.106. CONSTRUCTION [AWARD OF CERTAIN] CONTRACTS.
47	47	SECTION 6. Section 1058.106(a), Special District Local Laws
48	48	Code, as effective April 1, 2013, is amended to read as follows:
49	49	(a) The board, on behalf of the district, may enter into a
50	50	construction contract that exceeds the amount provided by Section
51	51	271.024, Local Government Code, [$2,000] only after advertising in
52	52	the manner provided by Subchapter B, Chapter 271, Local Government
53	53	Code [with the lowest qualified bidder].
54	54	SECTION 7. Section 1058.152(c), Special District Local Laws
55	55	Code, as effective April 1, 2013, is amended to read as follows:
56	56	(c) Any district resident [taxpayer] is entitled to:
57	57	(1) appear at the time and place designated in the
58	58	notice; and
59	59	(2) be heard regarding any item included in the
60	60	proposed budget.
61	61	SECTION 8. Section 1058.153, Special District Local Laws
62	62	Code, as effective April 1, 2013, is amended to read as follows:
63	63	Sec. 1058.153. FISCAL YEAR. (a) The district's fiscal
64	64	year begins on October 1 and ends on September 30, unless otherwise
65	65	established by the board.
66	66	(b) The fiscal year may not be changed:
67	67	(1) during a period that revenue bonds of the district
68	68	are outstanding; or
69	69	(2) more than once in a 24-month period.
70	70	SECTION 9. Sections 1058.156(a) and (b), Special District
71	71	Local Laws Code, as effective April 1, 2013, are amended to read as
72	72	follows:
73	73	(a) The board shall designate one or more banks [in the
74	74	district] to serve as a depository for district money.
75	75	(b) All district money, other than money invested in
76	76	accordance with Chapter 2256, Government Code, and money
77	77	transmitted to a bank for payment of bonds or obligations issued or
78	78	assumed by the district, shall be immediately deposited on receipt
79	79	with a depository bank[, except that sufficient money must be
80	80	remitted to an appropriate bank to pay the principal of and interest
81	81	on the district's outstanding bonds, or other obligations assumed
82	82	by the district, on or before the maturity date of the principal and
83	83	interest].
84	84	SECTION 10. Subchapter E, Chapter 1058, Special District
85	85	Local Laws Code, as effective April 1, 2013, is amended by adding
86	86	Sections 1058.206, 1058.207, 1058.208, and 1058.209 to read as
87	87	follows:
88	88	Sec. 1058.206. REVENUE BONDS. (a) The board may issue
89	89	revenue bonds to:
90	90	(1) purchase, construct, acquire, repair, renovate,
91	91	or equip buildings and improvements for hospital purposes; or
92	92	(2) acquire sites to be used for hospital purposes.
93	93	(b) The bonds must be payable from and secured by a pledge of
94	94	all or part of the revenue derived from the operation of the
95	95	district's hospital system, including district facilities.
96	96	(c) The bonds may be additionally secured by a mortgage or
97	97	deed of trust lien on all or part of district property.
98	98	(d) The bonds must be issued in the manner and in accordance
99	99	with the procedures and requirements prescribed by Sections
100	100	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
101	101	and Safety Code, for issuance of revenue bonds by a county hospital
102	102	authority.
103	103	Sec. 1058.207. REFUNDING BONDS. (a) The board may issue
104	104	refunding bonds to refund outstanding indebtedness issued or
105	105	assumed by the district.
106	106	(b) A refunding bond may be:
107	107	(1) sold, with the proceeds of the refunding bond
108	108	applied to the payment of the indebtedness to be refunded; or
109	109	(2) exchanged wholly or partly for not less than a
110	110	similar principal amount of outstanding indebtedness.
111	111	Sec. 1058.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF
112	112	BONDS. In addition to the authority to issue general obligation
113	113	bonds and revenue bonds under this subchapter, the board may
114	114	provide for the security and payment of district bonds from a pledge
115	115	of a combination of ad valorem taxes as authorized by Section
116	116	1058.202 and revenue and other sources as authorized by Section
117	117	1058.206.
118	118	Sec. 1058.209. USE OF BOND PROCEEDS. The district may use
119	119	the proceeds of bonds issued under this subchapter to pay:
120	120	(1) any expense the board determines is reasonable and
121	121	necessary to issue, sell, and deliver the bonds;
122	122	(2) interest payments on the bonds during a period of
123	123	acquisition or construction of a project or facility to be provided
124	124	through the bonds, not to exceed five years;
125	125	(3) costs related to the operation and maintenance of
126	126	a project or facility to be provided through the bonds:
127	127	(A) during an estimated period of acquisition or
128	128	construction, not to exceed five years; and
129	129	(B) for one year after the project or facility is
130	130	acquired or constructed;
131	131	(4) costs related to the financing of the bond funds,
132	132	including debt service reserve and contingency funds;
133	133	(5) costs related to the bond issuance;
134	134	(6) costs related to the acquisition of land or
135	135	interests in land for a project or facility to be provided through
136	136	the bonds; and
137	137	(7) construction costs of a project or facility to be
138	138	provided through the bonds, including the payment of related
139	139	professional services and expenses.
140	140	SECTION 11. Section 1058.253, Special District Local Laws
141	141	Code, as effective April 1, 2013, is amended to read as follows:
142	142	Sec. 1058.253. [ASSESSMENT AND COLLECTION BY COUNTY] TAX
143	143	ASSESSOR-COLLECTOR. The board may:
144	144	(1) appoint a tax assessor-collector for the district;
145	145	or
146	146	(2) contract for the assessment and collection of
147	147	taxes as provided by the Tax Code [Unless an election is held under
148	148	Section 1058.254, the tax assessor-collector of Upton County shall
149	149	assess and collect taxes imposed by the district].
150	150	SECTION 12. Chapter 1058, Special District Local Laws Code,
151	151	as effective April 1, 2013, is amended by adding Subchapter G to
152	152	read as follows:
153	153	SUBCHAPTER G. DISSOLUTION
154	154	Sec. 1058.301. DISSOLUTION; ELECTION. (a) The district
155	155	may be dissolved only on approval of a majority of the district
156	156	voters voting in an election held for that purpose.
157	157	(b) The board may order an election on the question of
158	158	dissolving the district and disposing of the district's assets and
159	159	obligations.
160	160	(c) The board shall order an election if the board receives
161	161	a petition requesting an election that is signed by at least 15
162	162	percent of the registered voters in the district.
163	163	(d) The order calling the election must state:
164	164	(1) the nature of the election, including the
165	165	proposition to appear on the ballot;
166	166	(2) the date of the election;
167	167	(3) the hours during which the polls will be open; and
168	168	(4) the location of the polling places.
169	169	Sec. 1058.302. NOTICE OF ELECTION. (a) The board shall
170	170	give notice of an election under this subchapter by publishing once
171	171	a week for two consecutive weeks a substantial copy of the election
172	172	order in a newspaper with general circulation in the district.
173	173	(b) The first publication of the notice must appear not
174	174	later than the 35th day before the date set for the election.
175	175	Sec. 1058.303. BALLOT. The ballot for an election under
176	176	this subchapter must be printed to permit voting for or against the
177	177	proposition: "The dissolution of the McCamey County Hospital
178	178	District."
179	179	Sec. 1058.304. ELECTION RESULTS. (a) If a majority of the
180	180	votes in an election under this subchapter favor dissolution, the
181	181	board shall find that the district is dissolved.
182	182	(b) If a majority of the votes in the election do not favor
183	183	dissolution, the board shall continue to administer the district
184	184	and another election on the question of dissolution may not be held
185	185	before the first anniversary of the date of the most recent election
186	186	on the question of dissolution.
187	187	Sec. 1058.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
188	188	If a majority of the votes in the election held under this
189	189	subchapter favor dissolution, the board shall:
190	190	(1) transfer the land, buildings, improvements,
191	191	equipment, and other assets that belong to the district to Upton
192	192	County or another governmental entity in Upton County; or
193	193	(2) administer the property, assets, and debts until
194	194	all money has been disposed of and all district debts have been paid
195	195	or settled.
196	196	(b) If the board makes the transfer under Subsection (a)(1),
197	197	the county or entity assumes all debts and obligations of the
198	198	district at the time of the transfer, and the district is dissolved.
199	199	(c) If Subsection (a)(1) does not apply and the board
200	200	administers the property, assets, and debts of the district under
201	201	Subsection (a)(2), the district is dissolved when all money has
202	202	been disposed of and all district debts have been paid or settled.
203	203	Sec. 1058.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
204	204	TAXES. (a) After the board finds that the district is dissolved,
205	205	the board shall:
206	206	(1) determine the debt owed by the district; and
207	207	(2) impose on the property included in the district's
208	208	tax rolls a tax that is in proportion of the debt to the property
209	209	value.
210	210	(b) On the payment of all outstanding debts and obligations
211	211	of the district, the board shall order the secretary to return to
212	212	each district taxpayer the taxpayer's pro rata share of all unused
213	213	tax money.
214	214	(c) A taxpayer may request that the taxpayer's share of
215	215	surplus tax money be credited to the taxpayer's county taxes. If a
216	216	taxpayer requests the credit, the board shall direct the secretary
217	217	to transmit the money to the county tax assessor-collector.
218	218	Sec. 1058.307. REPORT; DISSOLUTION ORDER. (a) After the
219	219	district has paid all district debts and has disposed of all
220	220	district money and other assets as prescribed by this subchapter,
221	221	the board shall file a written report with the Commissioners Court
222	222	of Upton County summarizing the board's actions in dissolving the
223	223	district.
224	224	(b) Not later than the 10th day after the date the
225	225	Commissioners Court of Upton County receives the report and
226	226	determines that the requirements of this subchapter have been
227	227	fulfilled, the commissioners court shall enter an order approving
228	228	dissolution of the district and releasing the board from any
229	229	further duty or obligation.
230	230	SECTION 13. Sections 1058.106(b), (c), (d), (e), and (f),
231	231	1058.254, and 1058.255, Special District Local Laws Code, are
232	232	repealed.
233	233	SECTION 14. (a) The election of the board of directors of
234	234	the McCamey County Hospital District scheduled before the effective
235	235	date of this Act to be held in May 2014 must be held, and the three
236	236	directors elected at that election shall serve three-year terms.
237	237	(b) The election of the board of directors scheduled to be
238	238	held in May 2015 must be held, and the directors elected at that
239	239	election shall serve four-year terms.
240	240	(c) The directors elected at the elections to be held in May
241	241	2017 and May 2019 shall serve four-year terms.
242	242	SECTION 15. This Act takes effect immediately if it
243	243	receives a vote of two-thirds of all the members elected to each
244	244	house, as provided by Section 39, Article III, Texas Constitution.
245	245	If this Act does not receive the vote necessary for immediate
246	246	effect, this Act takes effect September 1, 2013.
247	247	* * * * *