Texas 2015 - 84th Regular

Texas House Bill HB1596 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Guerra, et al. (Senate Sponsor - Hinojosa) H.B. No. 1596
2		-	(In the Senate - Received from the House May 7, 2015;
3		-	May 7, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 13, 2015, reported favorably by
5		-	the following vote: Yeas 6, Nays 0; May 13, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1596
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	LucioX
12		-	BettencourtX
13		-	CampbellX
14		-	GarciaX
15		-	MenéndezX
16		-	NicholsX
17		-	TaylorofGalvestonX
18		-	A BILL TO BE ENTITLED
19	4		AN ACT
20	5		relating to the Hidalgo County Healthcare District; decreasing the
21	6		possible maximum rate of a tax.
22	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
23	8		SECTION 1. The heading to Chapter 1122, Special District
24	9		Local Laws Code, is amended to read as follows:
25	10		CHAPTER 1122. HIDALGO COUNTY HEALTHCARE [HOSPITAL] DISTRICT
26	11		SECTION 2. Section 1122.001(3), Special District Local Laws
27	12		Code, is amended to read as follows:
28	13		(3) "District" means the Hidalgo County Healthcare
29	14		[Hospital] District.
30	15		SECTION 3. Section 1122.002, Special District Local Laws
31	16		Code, is amended to read as follows:
32	17		Sec. 1122.002. DISTRICT AUTHORIZATION. The Hidalgo County
33	18		Healthcare [Hospital] District may be created and, if created,
34	19		operates and is financed as a hospital district as provided by
35	20		Section 9, Article IX, Texas Constitution, and by this chapter.
36	21		SECTION 4. Sections 1122.021(b), (f), and (g), Special
37	22		District Local Laws Code, are amended to read as follows:
38	23		(b) The Hidalgo County Commissioners Court shall order an
39	24		election for the registered voters of Hidalgo County on the
40	25		question of creation of the Hidalgo County Healthcare [Hospital]
41	26		District if the commissioners court receives a petition requesting
42	27		an election that is signed by at least 50 registered voters who are
43	28		residents of Hidalgo County.
44	29		(f) The ballot for an election under this section must be
45	30		printed to permit voting for or against the proposition: "The
46	31		creation of the Hidalgo County Healthcare [Hospital] District,
47	32		providing for the imposition of an ad valorem tax [at a rate not to
48	33		exceed 75 cents on each $100 valuation] on all taxable property in
49	34		the district. The initial ad valorem tax shall be imposed at the
50	35		rate of ______ (insert amount) cents on the $100 valuation of all
51	36		taxable property in the district. District funds shall be used for
52	37		district purposes, including improving health care services for
53	38		residents of Hidalgo County, supporting the School of Medicine at
54	39		The University of Texas Rio Grande Valley, training physicians,
55	40		nurses, and other health care professionals, obtaining federal or
56	41		state funds for health care services, and providing community
57	42		health clinics, primary care services, behavioral and mental health
58	43		care services, and prevention and wellness programs."
59	44		(g) The Hidalgo County Commissioners Court shall find that
60	45		the Hidalgo County Healthcare [Hospital] District is created if a
61	46		majority of the voters voting in the election held under this
62	47		section favor the creation of the district.
63	48		SECTION 5. Section 1122.051, Special District Local Laws
64	49		Code, is amended to read as follows:
65	50		Sec. 1122.051. DIRECTORS; TERM. (a) If the creation of the
66	51		district is approved at the election held under Section 1122.021,
67	52		the district shall be governed by a [nine-member] board of 10
68	53		directors, appointed as follows:
69	54		(1) the county judge of Hidalgo County shall appoint
70	55		one director;
71	56		(2) each county commissioner serving on the Hidalgo
72	57		County Commissioners Court shall appoint one director [four
73	58		directors];
74	59		(3) [(2)] the governing body of the most populous
75	60		municipality [with the largest population] in Hidalgo County shall
76	61		appoint two directors; and
77	62		(4) [(3)] the governing bodies of the second, third,
78	63		and fourth most populous municipalities [body of the municipality
79	64		with the second largest population] in Hidalgo County shall each
80	65		appoint one director[;
81	66		[(4) the governing body of a municipality with the
82	67		third largest population in Hidalgo County shall appoint one
83	68		director; and
84	69		[(5) the governing body of a municipality with the
85	70		fourth largest population in Hidalgo County shall appoint one
86	71		director].
87	72		(b) Directors serve staggered three-year [four-year] terms,
88	73		with three or four [as near as possible to one-fourth of the]
89	74		directors' terms expiring each year. The [terms of the] initial
90	75		directors appointed under this section shall draw lots as follows
91	76		to determine [are as follows]:
92	77		(1) for the directors appointed by the governing
93	78		bodies of the municipalities in Hidalgo County described by
94	79		Subsection (a), [shall draw lots to determine] which two directors
95	80		serve a one-year term, which two directors serve [director serves]
96	81		a two-year term, and which director serves a three-year term[, and
97	82		which director serves a four-year term]; and
98	83		(2) for the directors appointed by the Hidalgo County
99	84		Commissioners Court, including the director appointed by the county
100	85		judge of Hidalgo County, [shall draw lots to determine] which two
101	86		directors serve [director serves] a one-year term, which director
102	87		serves a two-year term, and which two directors serve [director
103	88		serves] a three-year term[, and which director serves a four-year
104	89		term].
105	90		(c) On expiration of the initial directors' terms,
106	91		successor directors shall be appointed for a three-year term by the
107	92		person or governing body that appointed the initial director.
108	93		(d) A director may not serve more than three [two]
109	94		consecutive three-year [four-year] terms.
110	95		SECTION 6. Section 1122.052, Special District Local Laws
111	96		Code, is amended to read as follows:
112	97		Sec. 1122.052. QUALIFICATIONS. The Hidalgo County
113	98		Commissioners Court shall by order provide for the qualifications
114	99		of appointees to the board. The qualifications must provide that a
115	100		person is not eligible for appointment to the board if the person
116	101		is:
117	102		(1) an employee of Hidalgo County;
118	103		(2) an employee of a municipality located in the
119	104		district;
120	105		(3) a district employee; or
121	106		(4) [(3)] related within the third degree of
122	107		consanguinity or affinity, as determined under Subchapter B,
123	108		Chapter 573, Government Code, to a member of the Commissioners
124	109		Court of Hidalgo County, to a member of the governing body of a
125	110		municipality located in the district, [commissioners court] or to a
126	111		person described by Subdivision (1), [or] (2), or (3).
127	112		SECTION 7. Sections 1122.056 and 1122.057, Special District
128	113		Local Laws Code, are amended to read as follows:
129	114		Sec. 1122.056. BOARD VACANCY. A [If a] vacancy [occurs] in
130	115		the office of director[, the remaining directors] shall be filled
131	116		[appoint a director] for the remainder of the unexpired term by
132	117		appointment by the person or governing body that appointed the
133	118		vacating director.
134	119		Sec. 1122.057. VOTING REQUIREMENT. A concurrence of a
135	120		majority of the directors voting is necessary in matters relating
136	121		to district business. In the event of a tie vote among the
137	122		directors, the county judge of Hidalgo County may cast the deciding
138	123		vote.
139	124		SECTION 8. Sections 1122.101, 1122.102, 1122.103, and
140	125		1122.106, Special District Local Laws Code, are amended to read as
141	126		follows:
142	127		Sec. 1122.101. DISTRICT RESPONSIBILITY. The district has
143	128		full responsibility for operating hospital facilities and
144	129		providing medical and hospital care for the district's indigent
145	130		[needy] residents as required under this chapter, another
146	131		applicable statute, and the constitution of this state.
147	132		Sec. 1122.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
148	133		The board shall manage, control, and administer the district
149	134		[hospital system] and the money and resources of the district.
150	135		Sec. 1122.103. RULES. The board may adopt rules governing:
151	136		(1) the operation of the district and any district
152	137		hospital [and hospital system]; and
153	138		(2) the duties, functions, and responsibilities of
154	139		district staff and employees.
155	140		Sec. 1122.106. DISTRICT PROPERTY, FACILITIES, AND
156	141		EQUIPMENT. (a) The board shall determine:
157	142		(1) the type, number, and location of buildings
158	143		required to maintain an adequate health care district [hospital
159	144		system]; and
160	145		(2) the type of equipment necessary to provide medical
161	146		[for hospital] care in the district.
162	147		(b) The board may:
163	148		(1) acquire property, facilities, and equipment for
164	149		use by the district [for use in the hospital system];
165	150		(2) mortgage or pledge the property, facilities, or
166	151		equipment as security for payment of the purchase price;
167	152		(3) sell or otherwise dispose of property, facilities,
168	153		or equipment for the district; or
169	154		(4) lease hospital facilities for the district.
170	155		SECTION 9. Section 1122.151(a), Special District Local Laws
171	156		Code, is amended to read as follows:
172	157		(a) The board and the district administrator shall jointly
173	158		prepare a proposed annual budget for the district.
174	159		SECTION 10. Sections 1122.152(d) and (e), Special District
175	160		Local Laws Code, are amended to read as follows:
176	161		(d) At the conclusion of the hearing, the board shall adopt
177	162		a budget by acting on the proposed budget [proposed by the district
178	163		administrator]. The board may make a change in the proposed budget
179	164		that the board determines to be in the interests of the taxpayers.
180	165		(e) The budget is effective only after:
181	166		(1) adoption by the board; and
182	167		(2) approval by the Hidalgo County Commissioners
183	168		Court.
184	169		SECTION 11. Section 1122.153, Special District Local Laws
185	170		Code, is amended to read as follows:
186	171		Sec. 1122.153. AMENDMENT OF BUDGET. After the budget is
187	172		adopted, the budget may be amended if the proposed amendment is:
188	173		(1) adopted by the board; and
189	174		(2) approved by the Hidalgo County Commissioners Court
190	175		[on the board's approval].
191	176		SECTION 12. Section 1122.201, Special District Local Laws
192	177		Code, is amended to read as follows:
193	178		Sec. 1122.201. GENERAL OBLIGATION BONDS. If authorized by
194	179		an election, the board may issue and sell general obligation bonds
195	180		in the name and on the faith and credit of the district to:
196	181		(1) purchase, construct, acquire, repair, or renovate
197	182		buildings or improvements;
198	183		(2) equip buildings or improvements for district
199	184		[hospital] purposes; or
200	185		(3) acquire and operate a mobile emergency medical
201	186		service.
202	187		SECTION 13. Sections 1122.204(a) and (b), Special District
203	188		Local Laws Code, are amended to read as follows:
204	189		(a) The board may issue revenue bonds to:
205	190		(1) acquire, purchase, construct, repair, renovate,
206	191		or equip buildings or improvements for district [hospital]
207	192		purposes;
208	193		(2) acquire sites to be used for district [hospital]
209	194		purposes; or
210	195		(3) acquire and operate a mobile emergency medical
211	196		service to assist the district in carrying out its [hospital]
212	197		purposes.
213	198		(b) The bonds must be payable from and secured by a pledge of
214	199		all or part of the revenues derived from the operation of the
215	200		district [district's hospital system].
216	201		SECTION 14. Section 1122.251(a), Special District Local
217	202		Laws Code, is amended to read as follows:
218	203		(a) The board shall impose a tax on all property in the
219	204		district subject to [hospital district] taxation by the district.
220	205		SECTION 15. The heading to Section 1122.252, Special
221	206		District Local Laws Code, is amended to read as follows:
222	207		Sec. 1122.252. LIMITATION ON TAX RATE.
223	208		SECTION 16. Section 1122.252(a), Special District Local
224	209		Laws Code, is amended to read as follows:
225	210		(a) Unless a higher rate is approved at an election held as
226	211		provided by Section 1122.2521, the [The] tax rate on all taxable
227	212		property in the district for all purposes may not exceed 25 [75]
228	213		cents on each $100 valuation of the property according to the most
229	214		recent certified tax appraisal roll of the district.
230	215		SECTION 17. Subchapter F, Chapter 1122, Special District
231	216		Local Laws Code, is amended by adding Sections 1122.2521,
232	217		1122.2522, 1122.2523, 1122.2524, and 1122.2525 to read as follows:
233	218		Sec. 1122.2521. ELECTION REQUIRED TO INCREASE TAX RATE.
234	219		(a) The board may order an election to increase the district's
235	220		maximum ad valorem tax rate to a rate greater than the maximum rate
236	221		provided by Section 1122.252.
237	222		(b) The ballot for an election held under this section must
238	223		be printed to permit voting for or against the proposition: "The
239	224		imposition of taxes by the Hidalgo County Healthcare District for
240	225		district purposes at a rate not to exceed ____ (insert amount) cents
241	226		on the $100 valuation of all property in the district."
242	227		(c) The board may impose taxes at the rate authorized by the
243	228		proposition if a majority of voters voting at an election held under
244	229		this section favor the proposition.
245	230		(d) This section does not authorize the board to impose
246	231		taxes at a rate that exceeds the maximum ad valorem tax rate
247	232		authorized by Section 9, Article IX, Texas Constitution.
248	233		(e) Section 41.001(a), Election Code, does not apply to an
249	234		election ordered under this section.
250	235		Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE.
251	236		(a) If in any year the board adopts a tax rate that exceeds the
252	237		rollback tax rate calculated as provided by Chapter 26, Tax Code,
253	238		the qualified voters of the district by petition may require that an
254	239		election be held to determine whether or not to reduce the tax rate
255	240		adopted by the board for that year to the rollback tax rate.
256	241		(b) To the extent a conflict exists between this section and
257	242		a provision of the Tax Code, the provision of the Tax Code prevails.
258	243		Sec. 1122.2523. RESIDENCE HOMESTEAD TAX PROVISIONS
259	244		APPLICABLE. (a) The board shall ensure that all district residents
260	245		receive all ad valorem tax exemptions and limitations that the
261	246		residents are entitled to receive under the constitution and the
262	247		Tax Code, including the exemption of the total appraised value of
263	248		the residence homestead of a fully disabled veteran or the disabled
264	249		veteran's surviving spouse required by Section 11.131, Tax Code.
265	250		(b) The board shall adopt an exemption from ad valorem
266	251		taxation by the district of a portion of the appraised value of a
267	252		district resident's residence homestead as provided by Section
268	253		11.13(d), Tax Code. Unless the board specifies a larger amount as
269	254		provided by Section 11.13(e), Tax Code, the amount of the exemption
270	255		required to be adopted by the board under this subsection is $3,000
271	256		of the appraised value of a district resident's residence
272	257		homestead. Section 11.13(f), Tax Code, applies to an exemption
273	258		adopted by the board under this subsection.
274	259		Sec. 1122.2524. PROHIBITION ON PARTICIPATION IN TAX
275	260		INCREMENT FUND. The district may not enter into an agreement to
276	261		participate in a reinvestment zone designated by a municipality or
277	262		a county under Chapter 311, Tax Code.
278	263		Sec. 1122.2525. REDUCTION IN AD VALOREM TAX RATE BY COUNTY.
279	264		The Hidalgo County Commissioners Court, in determining the county
280	265		ad valorem tax rate for the first year in which the district imposes
281	266		ad valorem taxes on property in the district, shall:
282	267		(1) take into account the decrease in the amount the
283	268		county will spend for health care purposes in that year because the
284	269		district is providing health care services previously provided or
285	270		paid for by the county; and
286	271		(2) reduce the county's ad valorem tax rate in
287	272		accordance with the decreased amount of required spending described
288	273		by Subdivision (1).
289	274		SECTION 18. Section 1122.303, Special District Local Laws
290	275		Code, is amended to read as follows:
291	276		Sec. 1122.303. BALLOT. The ballot for an election under
292	277		this subchapter must be printed to permit voting for or against the
293	278		proposition: "The dissolution of the Hidalgo County Healthcare
294	279		[Hospital] District."
295	280		SECTION 19. On the creation of the Hidalgo County
296	281		Healthcare District, or as soon as practicable after the district
297	282		is created, the Commissioners Court of Hidalgo County shall
298	283		transfer to the district all operating funds, and any funds held in
299	284		reserve for operating expenses, that have been budgeted by the
300	285		county to pay the costs associated with administering a county
301	286		program to provide to residents of the district indigent health
302	287		care assistance under Chapter 61, Health and Safety Code, during
303	288		the fiscal year in which the district is created.
304	289		SECTION 20. The provisions of this Act or the applications
305	290		of those provisions are severable as provided by Section
306	291		311.032(c), Government Code.
307	292		SECTION 21. This Act takes effect immediately if it
308	293		receives a vote of two-thirds of all the members elected to each
309	294		house, as provided by Section 39, Article III, Texas Constitution.
310	295		If this Act does not receive the vote necessary for immediate
311	296		effect, this Act takes effect September 1, 2015.
312		-	* * * * *
	297	+	______________________________ ______________________________
	298	+	President of the Senate Speaker of the House
	299	+	I certify that H.B. No. 1596 was passed by the House on May 6,
	300	+	2015, by the following vote: Yeas 134, Nays 11, 2 present, not
	301	+	voting.
	302	+	______________________________
	303	+	Chief Clerk of the House
	304	+	I certify that H.B. No. 1596 was passed by the Senate on May
	305	+	19, 2015, by the following vote: Yeas 31, Nays 0.
	306	+	______________________________
	307	+	Secretary of the Senate
	308	+	APPROVED: _____________________
	309	+	Date
	310	+	_____________________
	311	+	Governor