Texas 2013 - 83rd Regular

Texas House Bill HB2907 Compare Versions

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1	1	By: Frank (Senate Sponsor - Duncan) H.B. No. 2907
2	2	(In the Senate - Received from the House May 9, 2013;
3	3	May 9, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 16, 2013, reported favorably by
5	5	the following vote: Yeas 4, Nays 0; May 16, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the Knox County Hospital District; authorizing the
11	11	imposition of a tax.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1050.051, Special District Local Laws
14	14	Code, is amended by amending Subsection (c) and adding Subsection
15	15	(d) to read as follows:
16	16	(c) The Commissioners Court of Knox County shall appoint two
17	17	successor directors on or before the date on which directors are
18	18	elected [first Saturday in April of] each year.
19	19	(d) An election shall be held each year on the May uniform
20	20	election date under Section 41.001, Election Code, to elect the
21	21	appropriate number of at-large directors.
22	22	SECTION 2. Section 1050.052, Special District Local Laws
23	23	Code, is amended to read as follows:
24	24	Sec. 1050.052. NOTICE OF ELECTION. Notice [At least 10 days
25	25	before the date of an election of directors, notice] of an [the]
26	26	election of directors shall be published in accordance with Section
27	27	4.003, Election Code, [one time] in a newspaper of general
28	28	circulation in Knox County.
29	29	SECTION 3. Section 1050.053, Special District Local Laws
30	30	Code, is amended to read as follows:
31	31	Sec. 1050.053. BALLOT APPLICATION [PETITION]. A person who
32	32	wants to have the person's name printed on the ballot as a candidate
33	33	for elected director must file with the board secretary an
34	34	application in accordance with Chapter 144, Election Code [a
35	35	petition requesting that action. The petition must:
36	36	[(1) be signed by at least 25 registered district
37	37	voters; and
38	38	[(2) be filed at least 25 days before the date of the
39	39	election].
40	40	SECTION 4. Section 1050.054(a), Special District Local Laws
41	41	Code, is amended to read as follows:
42	42	(a) A person is not qualified for appointment or election as
43	43	a director unless the person:
44	44	(1) is a district resident; and
45	45	(2) [owns land subject to taxation by the district;
46	46	and
47	47	[(3)] is at least 18 years of age at the time of the
48	48	appointment or election.
49	49	SECTION 5. Section 1050.058, Special District Local Laws
50	50	Code, is amended to read as follows:
51	51	Sec. 1050.058. OFFICERS. The board shall elect from among
52	52	its members a president, a vice president, and a secretary.
53	53	SECTION 6. Section 1050.152(c), Special District Local Laws
54	54	Code, is amended to read as follows:
55	55	(c) Any district resident [taxpayer] is entitled to:
56	56	(1) appear at the time and place designated in the
57	57	notice; and
58	58	(2) be heard regarding any item included in the
59	59	proposed budget.
60	60	SECTION 7. Section 1050.153, Special District Local Laws
61	61	Code, is amended to read as follows:
62	62	Sec. 1050.153. FISCAL YEAR. (a) The [district operates on
63	63	a] fiscal year [that] begins on October 1 and ends on September 30,
64	64	unless otherwise established by the board.
65	65	(b) The fiscal year may not be changed:
66	66	(1) during a period that revenue bonds of the district
67	67	are outstanding; or
68	68	(2) more than once in a 24-month period.
69	69	SECTION 8. The heading to Section 1050.155, Special
70	70	District Local Laws Code, is amended to read as follows:
71	71	Sec. 1050.155. DEPOSITORY [OR TREASURER].
72	72	SECTION 9. Sections 1050.155(a) and (b), Special District
73	73	Local Laws Code, are amended to read as follows:
74	74	(a) The board by resolution shall designate a bank [in Knox
75	75	County] as the district's depository [or treasurer]. A designated
76	76	bank serves for two years until a successor is designated.
77	77	(b) District money, other than money invested in accordance
78	78	with Chapter 2256, Government Code, and money transmitted to a bank
79	79	for payment of bonds or obligations issued by the district, [All
80	80	income received by the district] shall be deposited with the
81	81	district depository.
82	82	SECTION 10. Subchapter E, Chapter 1050, Special District
83	83	Local Laws Code, is amended by adding Sections 1050.206, 1050.207,
84	84	1050.208, and 1050.209 to read as follows:
85	85	Sec. 1050.206. REVENUE BONDS. (a) The board may issue
86	86	revenue bonds to:
87	87	(1) acquire, purchase, construct, repair, renovate,
88	88	or equip buildings or improvements for hospital purposes; or
89	89	(2) acquire sites to be used for hospital purposes.
90	90	(b) The bonds must be payable from and secured by a pledge of
91	91	all or part of the revenues derived from the operation of the
92	92	district's hospital system, including district facilities.
93	93	(c) The bonds may be additionally secured by a mortgage or
94	94	deed of trust lien on all or part of the district property.
95	95	(d) The bonds must be issued in the manner and in accordance
96	96	with the procedures and requirements prescribed by Sections
97	97	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
98	98	and Safety Code, for issuance of revenue bonds by county hospital
99	99	authorities.
100	100	Sec. 1050.207. REFUNDING BONDS. (a) The board may issue
101	101	refunding bonds to refund outstanding indebtedness issued or
102	102	assumed by the district.
103	103	(b) A refunding bond may be:
104	104	(1) sold, with the proceeds of the refunding bond
105	105	applied to the payment of the indebtedness to be refunded; or
106	106	(2) exchanged wholly or partly for not less than a
107	107	similar principal amount of outstanding indebtedness.
108	108	Sec. 1050.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF
109	109	BONDS. In addition to the authority to issue general obligation
110	110	bonds and revenue bonds under this subchapter, the board may
111	111	provide for the security and payment of district bonds from a pledge
112	112	of a combination of ad valorem taxes as authorized by Section
113	113	1050.202 and revenue and other sources authorized by Section
114	114	1050.206.
115	115	Sec. 1050.209. USE OF BOND PROCEEDS. The district may use
116	116	the proceeds of bonds issued under this subchapter to pay:
117	117	(1) any expense the board determines is reasonable and
118	118	necessary to issue, sell, and deliver the bonds;
119	119	(2) interest payments on the bonds during a period of
120	120	acquisition or construction of a project or facility to be provided
121	121	through the bonds, not to exceed five years;
122	122	(3) costs related to the operation and maintenance of
123	123	a project or facility to be provided through the bonds:
124	124	(A) during an estimated period of acquisition or
125	125	construction, not to exceed five years; and
126	126	(B) for one year after the project or facility is
127	127	acquired or constructed;
128	128	(4) costs related to the financing of the bond funds,
129	129	including debt service reserve and contingency funds;
130	130	(5) costs related to the bond issuance;
131	131	(6) costs related to the acquisition of land or
132	132	interests in land for a project or facility to be provided through
133	133	the bonds; and
134	134	(7) costs of construction of a project or facility to
135	135	be provided through the bonds, including the payment of related
136	136	professional services and expenses.
137	137	SECTION 11. Section 1050.254, Special District Local Laws
138	138	Code, is amended to read as follows:
139	139	Sec. 1050.254. TAX ASSESSOR-COLLECTOR. The board may:
140	140	(1) appoint a tax assessor-collector for the district;
141	141	or
142	142	(2) contract for the assessment and collection of
143	143	taxes as provided by the Tax Code. [The tax assessor-collector of
144	144	Knox County shall assess and collect taxes imposed by the
145	145	district.]
146	146	SECTION 12. Chapter 1050, Special District Local Laws Code,
147	147	is amended by adding Subchapter G to read as follows:
148	148	SUBCHAPTER G. DISSOLUTION
149	149	Sec. 1050.301. DISSOLUTION; ELECTION. (a) The district
150	150	may be dissolved only on approval of a majority of the district
151	151	voters voting in an election held for that purpose.
152	152	(b) The board may order an election on the question of
153	153	dissolving the district and disposing of the district's assets and
154	154	obligations.
155	155	(c) The board shall order an election if the board receives
156	156	a petition requesting an election that is signed by at least 15
157	157	percent of the registered voters in the district.
158	158	(d) The order calling the election must state:
159	159	(1) the nature of the election, including the
160	160	proposition to appear on the ballot;
161	161	(2) the date of the election;
162	162	(3) the hours during which the polls will be open; and
163	163	(4) the location of the polling places.
164	164	(e) Section 41.001(a), Election Code, does not apply to an
165	165	election ordered under this section.
166	166	Sec. 1050.302. NOTICE OF ELECTION. (a) The board shall
167	167	give notice of an election under this subchapter by publishing once
168	168	a week for two consecutive weeks a substantial copy of the election
169	169	order in a newspaper with general circulation in the district.
170	170	(b) The first publication of the notice must appear not
171	171	later than the 35th day before the date set for the election.
172	172	Sec. 1050.303. BALLOT. The ballot for an election under
173	173	this subchapter must be printed to permit voting for or against the
174	174	proposition: "The dissolution of the Knox County Hospital
175	175	District."
176	176	Sec. 1050.304. ELECTION RESULTS. (a) If a majority of the
177	177	votes in an election under this subchapter favor dissolution, the
178	178	board shall find that the district is dissolved.
179	179	(b) If a majority of the votes in the election do not favor
180	180	dissolution, the board shall continue to administer the district
181	181	and another election on the question of dissolution may not be held
182	182	before the first anniversary of the date of the most recent election
183	183	to dissolve the district.
184	184	Sec. 1050.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
185	185	If a majority of the votes in an election held under this subchapter
186	186	favor dissolution, the board shall:
187	187	(1) transfer the land, buildings, improvements,
188	188	equipment, and other assets that belong to the district to Knox
189	189	County or another governmental entity in Knox County; or
190	190	(2) administer the property, assets, and debts until
191	191	all money has been disposed of and all district debts have been paid
192	192	or settled.
193	193	(b) If the board makes the transfer under Subsection (a)(1),
194	194	the county or entity assumes all debts and obligations of the
195	195	district at the time of the transfer, and the district is dissolved.
196	196	(c) If Subsection (a)(1) does not apply and the board
197	197	administers the property, assets, and debts of the district under
198	198	Subsection (a)(2), the district is dissolved when all money has
199	199	been disposed of and all district debts have been paid or settled.
200	200	Sec. 1050.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
201	201	TAXES. (a) After the board finds that the district is dissolved,
202	202	the board shall:
203	203	(1) determine the debt owed by the district; and
204	204	(2) impose on the property included in the district's
205	205	tax rolls a tax that is in proportion of the debt to the property
206	206	value.
207	207	(b) On the payment of all outstanding debts and obligations
208	208	of the district, the board shall order the secretary to return to
209	209	each district taxpayer the taxpayer's pro rata share of all unused
210	210	tax money.
211	211	(c) A taxpayer may request that the taxpayer's share of
212	212	surplus tax money be credited to the taxpayer's county taxes. If a
213	213	taxpayer requests the credit, the board shall direct the secretary
214	214	to transmit the money to the county tax assessor-collector.
215	215	Sec. 1050.307. REPORT; DISSOLUTION ORDER. (a) After the
216	216	district has paid all district debts and has disposed of all
217	217	district money and other assets as prescribed by this subchapter,
218	218	the board shall file a written report with the Commissioners Court
219	219	of Knox County summarizing the board's actions in dissolving the
220	220	district.
221	221	(b) Not later than the 10th day after the date the
222	222	Commissioners Court of Knox County receives the report and
223	223	determines that the requirements of this subchapter have been
224	224	fulfilled, the commissioners court shall enter an order dissolving
225	225	the district and releasing the board from any further duty or
226	226	obligation.
227	227	SECTION 13. This Act takes effect immediately if it
228	228	receives a vote of two-thirds of all the members elected to each
229	229	house, as provided by Section 39, Article III, Texas Constitution.
230	230	If this Act does not receive the vote necessary for immediate
231	231	effect, this Act takes effect September 1, 2013.
232	232	* * * * *