1 | 1 | | 84R20126 CJC-D |
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2 | 2 | | By: Lucio III, Oliveira, Longoria H.B. No. 4182 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the Cameron County Healthcare District; |
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8 | 8 | | granting the authority to impose a tax and issue bonds; granting the |
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9 | 9 | | power of eminent domain. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subtitle A, Title 3, Special District Local Laws |
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12 | 12 | | Code, is amended by adding Chapter 1121 to read as follows: |
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13 | 13 | | CHAPTER 1121. CAMERON COUNTY HEALTHCARE DISTRICT |
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14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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15 | 15 | | Sec. 1121.001. DEFINITIONS. In this chapter: |
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16 | 16 | | (1) "Board" means the board of directors of the |
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17 | 17 | | district. |
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18 | 18 | | (2) "Director" means a member of the board. |
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19 | 19 | | (3) "District" means the Cameron County Healthcare |
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20 | 20 | | District. |
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21 | 21 | | Sec. 1121.002. DISTRICT AUTHORIZATION. The Cameron County |
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22 | 22 | | Healthcare District may be created and, if created, operates and is |
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23 | 23 | | financed as a hospital district as provided by Section 9, Article |
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24 | 24 | | IX, Texas Constitution, and by this chapter. |
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25 | 25 | | Sec. 1121.003. ESSENTIAL PUBLIC FUNCTION. The district is |
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26 | 26 | | a public entity performing an essential public function. |
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27 | 27 | | Sec. 1121.004. DISTRICT TERRITORY. The boundaries of the |
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28 | 28 | | district are coextensive with the boundaries of Cameron County. |
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29 | 29 | | Sec. 1121.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
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30 | 30 | | OBLIGATION. The state may not be obligated for the support or |
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31 | 31 | | maintenance of the district. |
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32 | 32 | | Sec. 1121.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
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33 | 33 | | The legislature may not make a direct appropriation for the |
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34 | 34 | | construction, maintenance, or improvement of a district facility. |
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35 | 35 | | SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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36 | 36 | | Sec. 1121.021. CREATION ELECTION; ORDERING ELECTION. (a) |
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37 | 37 | | The district may be created and a tax may be authorized only if the |
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38 | 38 | | creation and the tax are approved by a majority of the registered |
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39 | 39 | | voters of the territory of the proposed district voting at an |
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40 | 40 | | election called and held for that purpose. |
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41 | 41 | | (b) The Cameron County Commissioners Court shall order an |
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42 | 42 | | election for the registered voters of Cameron County on the |
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43 | 43 | | question of creation of the Cameron County Healthcare District if |
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44 | 44 | | the commissioners court receives a petition requesting an election |
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45 | 45 | | that is signed by at least 100 registered voters who are residents |
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46 | 46 | | of Cameron County. |
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47 | 47 | | (c) The order calling an election under this section must |
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48 | 48 | | state: |
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49 | 49 | | (1) the nature of the election, including the |
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50 | 50 | | proposition that is to appear on the ballot; |
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51 | 51 | | (2) the date of the election; |
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52 | 52 | | (3) the hours during which the polls will be open; and |
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53 | 53 | | (4) the location of the polling places. |
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54 | 54 | | (d) Section 41.001(a), Election Code, does not apply to an |
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55 | 55 | | election ordered under this section. |
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56 | 56 | | (e) The Cameron County Commissioners Court shall give |
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57 | 57 | | notice of an election under this section by publishing a |
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58 | 58 | | substantial copy of the election order in a newspaper with general |
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59 | 59 | | circulation in Cameron County once a week for two consecutive |
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60 | 60 | | weeks. The first publication must appear not later than the 30th |
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61 | 61 | | day before the date set for the election. |
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62 | 62 | | (f) The ballot for an election under this section must be |
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63 | 63 | | printed to permit voting for or against the proposition: "The |
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64 | 64 | | creation of the Cameron County Healthcare District, providing for |
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65 | 65 | | the imposition of an ad valorem tax at a rate determined by the |
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66 | 66 | | board of directors of the district, which rate may not exceed 25 |
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67 | 67 | | cents on each $100 valuation of all taxable property in the |
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68 | 68 | | district. District funds shall be used for district purposes, |
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69 | 69 | | including providing medical and hospital care for the needy |
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70 | 70 | | inhabitants of Cameron County, improving health care services for |
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71 | 71 | | inhabitants of Cameron County, supporting the School of Medicine at |
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72 | 72 | | The University of Texas Rio Grande Valley, training physicians, |
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73 | 73 | | nurses, and other health care professionals, obtaining federal or |
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74 | 74 | | state funds for health care services, and providing community |
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75 | 75 | | health clinics, primary care services, behavioral and mental health |
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76 | 76 | | care services, and prevention and wellness programs." |
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77 | 77 | | (g) The Cameron County Commissioners Court shall find that |
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78 | 78 | | the Cameron County Healthcare District is created if a majority of |
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79 | 79 | | the voters voting in the election held under this section favor the |
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80 | 80 | | creation of the district. |
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81 | 81 | | SUBCHAPTER B. DISTRICT ADMINISTRATION |
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82 | 82 | | Sec. 1121.051. DIRECTORS; TERM. (a) If the creation of the |
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83 | 83 | | district is approved at the election held under Section 1121.021, |
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84 | 84 | | the district shall be governed by a board of nine directors, |
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85 | 85 | | appointed as follows: |
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86 | 86 | | (1) the county judge of Cameron County shall appoint |
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87 | 87 | | one director; |
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88 | 88 | | (2) each county commissioner serving on the Cameron |
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89 | 89 | | County Commissioners Court shall appoint one director; and |
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90 | 90 | | (3) the governing bodies of the four municipalities |
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91 | 91 | | located in Cameron County that have the greatest amounts of taxable |
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92 | 92 | | value of property taxable by the district located within their |
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93 | 93 | | corporate boundaries shall each appoint one director. |
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94 | 94 | | (b) Directors serve staggered three-year terms, with three |
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95 | 95 | | directors' terms expiring each year. The initial directors |
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96 | 96 | | appointed under this section shall draw lots as follows to |
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97 | 97 | | determine: |
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98 | 98 | | (1) for the directors appointed by the governing |
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99 | 99 | | bodies of the municipalities in Cameron County described by |
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100 | 100 | | Subsection (a), which director serves a one-year term, which two |
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101 | 101 | | directors serve a two-year term, and which director serves a |
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102 | 102 | | three-year term; and |
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103 | 103 | | (2) for the directors appointed by the Cameron County |
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104 | 104 | | Commissioners Court, including the director appointed by the county |
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105 | 105 | | judge of Cameron County, which two directors serve a one-year term, |
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106 | 106 | | which director serves a two-year term, and which two directors |
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107 | 107 | | serve a three-year term. |
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108 | 108 | | (c) On expiration of the initial directors' terms, |
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109 | 109 | | successor directors shall be appointed for a three-year term by the |
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110 | 110 | | person or governing body that appointed the initial director. |
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111 | 111 | | (d) A director may not serve more than three consecutive |
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112 | 112 | | three-year terms. |
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113 | 113 | | Sec. 1121.052. ELIGIBILITY FOR APPOINTMENT TO BOARD. A |
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114 | 114 | | person is not eligible for appointment to the board if the person |
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115 | 115 | | is: |
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116 | 116 | | (1) an employee of Cameron County; |
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117 | 117 | | (2) an employee of a municipality located in the |
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118 | 118 | | district; |
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119 | 119 | | (3) a district employee; or |
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120 | 120 | | (4) related within the third degree of consanguinity |
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121 | 121 | | or affinity, as determined under Subchapter B, Chapter 573, |
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122 | 122 | | Government Code, to a member of the Commissioners Court of Cameron |
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123 | 123 | | County, to a member of the governing body of a municipality located |
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124 | 124 | | in the district, or to a person described by Subdivision (1), (2), |
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125 | 125 | | or (3). |
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126 | 126 | | Sec. 1121.053. OFFICERS. (a) The board shall elect from |
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127 | 127 | | among the directors: |
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128 | 128 | | (1) a chair; and |
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129 | 129 | | (2) a vice chair to preside in the chair's absence. |
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130 | 130 | | (b) The board shall elect a director or the district |
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131 | 131 | | administrator to serve as secretary. |
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132 | 132 | | Sec. 1121.054. COMPENSATION; REIMBURSEMENT. A director or |
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133 | 133 | | officer serves without compensation but may be reimbursed for |
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134 | 134 | | actual expenses incurred in the performance of official duties. |
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135 | 135 | | The expenses must be: |
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136 | 136 | | (1) reported in the district's records; and |
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137 | 137 | | (2) approved by the board. |
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138 | 138 | | Sec. 1121.055. DIRECTOR'S BOND. (a) Before assuming the |
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139 | 139 | | duties of office, each director must execute a bond in the amount of |
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140 | 140 | | $5,000 payable to the district and conditioned on the faithful |
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141 | 141 | | performance of the director's duties. |
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142 | 142 | | (b) The bond shall be kept in the permanent records of the |
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143 | 143 | | district. |
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144 | 144 | | (c) The board may pay for a director's bond with district |
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145 | 145 | | money. |
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146 | 146 | | Sec. 1121.056. BOARD VACANCY. A vacancy in the office of |
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147 | 147 | | director shall be filled for the remainder of the unexpired term by |
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148 | 148 | | appointment by the person or governing body that appointed the |
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149 | 149 | | vacating director. |
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150 | 150 | | Sec. 1121.057. VOTING REQUIREMENT. A concurrence of a |
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151 | 151 | | majority of the directors voting is necessary in matters relating |
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152 | 152 | | to district business. |
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153 | 153 | | Sec. 1121.058. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S |
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154 | 154 | | BOND. (a) The board may appoint a qualified person as district |
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155 | 155 | | administrator. |
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156 | 156 | | (b) The district administrator serves at the will of the |
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157 | 157 | | board. |
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158 | 158 | | (c) The district administrator is entitled to compensation |
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159 | 159 | | determined by the board. |
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160 | 160 | | (d) Before assuming the duties of district administrator, |
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161 | 161 | | the administrator must execute a bond payable to the district in an |
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162 | 162 | | amount not less than $5,000, as determined by the board, |
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163 | 163 | | conditioned on the faithful performance of the administrator's |
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164 | 164 | | duties. |
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165 | 165 | | (e) The board may pay for the bond with district money. |
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166 | 166 | | Sec. 1121.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
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167 | 167 | | Subject to the limitations prescribed by the board, the district |
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168 | 168 | | administrator shall: |
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169 | 169 | | (1) supervise the work and activities of the district; |
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170 | 170 | | and |
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171 | 171 | | (2) direct the general affairs of the district. |
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172 | 172 | | Sec. 1121.060. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
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173 | 173 | | (a) The board may appoint qualified persons as assistant district |
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174 | 174 | | administrator and attorney for the district. |
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175 | 175 | | (b) The assistant district administrator and attorney for |
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176 | 176 | | the district serve at the will of the board. |
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177 | 177 | | (c) The assistant district administrator and attorney for |
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178 | 178 | | the district are entitled to compensation determined by the board. |
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179 | 179 | | Sec. 1121.061. EMPLOYEES. (a) The district may employ |
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180 | 180 | | nurses, technicians, fiscal agents, accountants, architects, |
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181 | 181 | | additional attorneys, and other necessary employees. |
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182 | 182 | | (b) The board may delegate to the district administrator the |
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183 | 183 | | authority to employ persons for the district. |
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184 | 184 | | Sec. 1121.062. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
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185 | 185 | | The board may spend district money, enter into agreements, and take |
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186 | 186 | | other necessary actions to recruit physicians and other persons to |
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187 | 187 | | serve as medical staff members or district employees. The actions |
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188 | 188 | | may include: |
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189 | 189 | | (1) advertising and marketing; |
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190 | 190 | | (2) paying travel, recruitment, and relocation |
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191 | 191 | | expenses; |
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192 | 192 | | (3) providing a loan or scholarship to a physician or a |
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193 | 193 | | person currently enrolled in health care education courses at an |
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194 | 194 | | institution of higher education who contracts to become a medical |
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195 | 195 | | staff member or district employee; or |
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196 | 196 | | (4) contracting with a full-time medical student or |
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197 | 197 | | other student in a health occupation who is enrolled in and in good |
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198 | 198 | | standing at an accredited medical school, college, or university to |
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199 | 199 | | pay the student's tuition or other expenses for the consideration |
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200 | 200 | | of the student agreeing to serve as an employee or independent |
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201 | 201 | | contractor for the district. |
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202 | 202 | | Sec. 1121.063. APPOINTMENT AND REMOVAL OF MEDICAL STAFF. |
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203 | 203 | | The board may: |
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204 | 204 | | (1) appoint to the medical staff any doctor the board |
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205 | 205 | | considers necessary for the efficient operation of the district; |
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206 | 206 | | (2) remove any doctor from the medical staff, after |
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207 | 207 | | due process, if the board considers the doctor's removal necessary |
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208 | 208 | | for the efficient operation of the district; and |
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209 | 209 | | (3) make temporary appointments to the medical staff |
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210 | 210 | | as the board considers necessary. |
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211 | 211 | | Sec. 1121.064. RETIREMENT BENEFITS. The board may provide |
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212 | 212 | | retirement benefits for district employees by: |
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213 | 213 | | (1) establishing or administering a retirement |
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214 | 214 | | program; or |
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215 | 215 | | (2) participating in: |
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216 | 216 | | (A) the Texas County and District Retirement |
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217 | 217 | | System; or |
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218 | 218 | | (B) another statewide retirement system in which |
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219 | 219 | | the district is eligible to participate. |
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220 | 220 | | SUBCHAPTER C. POWERS AND DUTIES |
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221 | 221 | | Sec. 1121.101. DISTRICT RESPONSIBILITY. The district has |
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222 | 222 | | full responsibility for operating the district's hospital |
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223 | 223 | | facilities and providing medical and hospital care for the |
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224 | 224 | | district's needy inhabitants. |
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225 | 225 | | Sec. 1121.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
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226 | 226 | | The board shall manage, control, and administer the district and |
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227 | 227 | | the money and resources of the district. |
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228 | 228 | | Sec. 1121.103. RULES. The board may adopt rules governing: |
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229 | 229 | | (1) the operation of the district and any district |
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230 | 230 | | hospital; and |
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231 | 231 | | (2) the duties, functions, and responsibilities of |
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232 | 232 | | district staff and employees. |
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233 | 233 | | Sec. 1121.104. PURCHASING AND ACCOUNTING PROCEDURES. The |
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234 | 234 | | board may prescribe: |
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235 | 235 | | (1) the method of making purchases and expenditures by |
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236 | 236 | | and for the district; and |
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237 | 237 | | (2) accounting and control procedures for the |
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238 | 238 | | district. |
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239 | 239 | | Sec. 1121.105. PROVISION OF CERTAIN HEALTH SERVICES. (a) |
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240 | 240 | | The district may operate or provide for the operation of a mobile |
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241 | 241 | | emergency medical service. |
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242 | 242 | | (b) The district may operate or provide for home health |
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243 | 243 | | services, long-term care, skilled nursing care, intermediate |
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244 | 244 | | nursing care, or hospice care. |
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245 | 245 | | Sec. 1121.106. DISTRICT PROPERTY, FACILITIES, AND |
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246 | 246 | | EQUIPMENT. (a) The board shall determine: |
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247 | 247 | | (1) the type, number, and location of buildings |
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248 | 248 | | required to maintain an adequate health care district; and |
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249 | 249 | | (2) the type of equipment necessary to provide medical |
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250 | 250 | | care in the district. |
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251 | 251 | | (b) The board may: |
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252 | 252 | | (1) acquire property, facilities, and equipment for |
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253 | 253 | | use by the district; |
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254 | 254 | | (2) mortgage or pledge the property, facilities, or |
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255 | 255 | | equipment as security for payment of the purchase price; |
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256 | 256 | | (3) sell or otherwise dispose of property, facilities, |
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257 | 257 | | or equipment for the district; or |
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258 | 258 | | (4) lease hospital facilities for the district. |
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259 | 259 | | Sec. 1121.107. OPERATING AND MANAGEMENT CONTRACTS. The |
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260 | 260 | | board may enter into operating or management contracts relating to |
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261 | 261 | | hospital or other health care facilities for the district. |
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262 | 262 | | Sec. 1121.108. SERVICE CONTRACTS. (a) The board may |
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263 | 263 | | contract with public or private hospitals, clinics, physicians or |
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264 | 264 | | other health care providers, political subdivisions of the state, |
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265 | 265 | | accredited public or private medical schools and their affiliated |
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266 | 266 | | nonprofit entities or faculty practice plans, allied health |
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267 | 267 | | education institutions, or state and federal agencies for the |
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268 | 268 | | district to provide a mobile emergency medical service or other |
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269 | 269 | | medical, hospital, or health care services needed to provide for |
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270 | 270 | | the investigatory, welfare, medical, or health care needs of |
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271 | 271 | | inhabitants of the district. |
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272 | 272 | | (b) The board may contract with a person to receive or |
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273 | 273 | | supply the services the board considers necessary for the effective |
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274 | 274 | | operation of the district. |
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275 | 275 | | Sec. 1121.109. EMINENT DOMAIN. (a) The district may |
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276 | 276 | | exercise the power of eminent domain to acquire a fee simple or |
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277 | 277 | | other interest in property located in district territory if the |
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278 | 278 | | interest is necessary for the district to exercise the rights or |
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279 | 279 | | authority conferred by this chapter. |
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280 | 280 | | (b) The district must exercise the power of eminent domain |
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281 | 281 | | in the manner provided by Chapter 21, Property Code, except that the |
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282 | 282 | | district is not required to deposit with the trial court money or a |
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283 | 283 | | bond as provided by Section 21.021(a), Property Code. |
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284 | 284 | | (c) In a condemnation proceeding brought by the district, |
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285 | 285 | | the district is not required to: |
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286 | 286 | | (1) pay in advance or provide bond or other security |
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287 | 287 | | for costs in the trial court; |
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288 | 288 | | (2) provide bond for the issuance of a temporary |
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289 | 289 | | restraining order or a temporary injunction; or |
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290 | 290 | | (3) provide a bond for costs or a supersedeas bond on |
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291 | 291 | | an appeal or petition for review. |
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292 | 292 | | Sec. 1121.110. COST OF RELOCATING OR ALTERING PROPERTY. In |
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293 | 293 | | exercising the power of eminent domain, if the board requires |
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294 | 294 | | relocating, raising, lowering, rerouting, changing the grade, or |
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295 | 295 | | altering the construction of any railroad, highway, pipeline, or |
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296 | 296 | | electric transmission and electric distribution, telegraph, or |
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297 | 297 | | telephone line, conduit, pole, or facility, the district shall pay |
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298 | 298 | | the actual cost of that activity to provide a comparable |
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299 | 299 | | replacement, without enhancement of facilities, after deducting |
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300 | 300 | | the net salvage value derived from the old facility. |
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301 | 301 | | Sec. 1121.111. GIFTS AND ENDOWMENTS. The board may accept |
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302 | 302 | | for the district a gift or endowment to be held in trust for any |
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303 | 303 | | purpose and under any direction, limitation, or provision in |
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304 | 304 | | writing by the donor that is consistent with the proper management |
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305 | 305 | | of the district. |
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306 | 306 | | Sec. 1121.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
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307 | 307 | | When a person who resides in the district is admitted as a patient |
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308 | 308 | | to a district facility or receives medical or hospital care from the |
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309 | 309 | | district, the district administrator may have an inquiry made into |
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310 | 310 | | the financial circumstances of: |
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311 | 311 | | (1) the patient; and |
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312 | 312 | | (2) a relative of the patient who is legally |
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313 | 313 | | responsible for the patient's support. |
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314 | 314 | | (b) To the extent that the patient or a relative of the |
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315 | 315 | | patient who is legally responsible for the patient's support cannot |
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316 | 316 | | pay for care and treatment provided by the district, the district |
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317 | 317 | | shall supply the care and treatment without charging the patient or |
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318 | 318 | | the patient's relative. |
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319 | 319 | | (c) On determining that the patient or a relative legally |
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320 | 320 | | responsible for the patient's support can pay for all or part of the |
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321 | 321 | | care and treatment provided by the district, the district |
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322 | 322 | | administrator shall report that determination to the board, and the |
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323 | 323 | | board shall issue an order directing the patient or the relative to |
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324 | 324 | | pay the district a specified amount each week. The amount must be |
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325 | 325 | | based on the person's ability to pay. |
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326 | 326 | | (d) The district administrator may collect money owed to the |
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327 | 327 | | district from the patient's estate or from that of a relative |
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328 | 328 | | legally responsible for the patient's support in the manner |
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329 | 329 | | provided by law for the collection of expenses in the last illness |
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330 | 330 | | of a deceased person. |
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331 | 331 | | (e) If there is a dispute relating to a person's ability to |
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332 | 332 | | pay or if the district administrator has any doubt concerning a |
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333 | 333 | | person's ability to pay, the board shall call witnesses, hear and |
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334 | 334 | | resolve the question, and issue a final order. The order may be |
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335 | 335 | | appealed to a district court in Cameron County. The substantial |
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336 | 336 | | evidence rule applies to an appeal under this subsection. |
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337 | 337 | | Sec. 1121.113. REIMBURSEMENT FOR SERVICES. (a) If the |
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338 | 338 | | district provides care or treatment to a sick or injured person who |
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339 | 339 | | is not an inhabitant of Cameron County, the board shall require the |
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340 | 340 | | county, municipality, or public hospital located outside of the |
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341 | 341 | | district and in which the person is an inhabitant to reimburse the |
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342 | 342 | | district for the district's care and treatment of that person as |
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343 | 343 | | provided by Chapter 61, Health and Safety Code. |
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344 | 344 | | (b) The board shall require the sheriff of Cameron County to |
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345 | 345 | | reimburse the district for the district's care and treatment of a |
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346 | 346 | | person who is confined in a jail facility of Cameron County and is |
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347 | 347 | | not a resident of the district. |
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348 | 348 | | (c) On behalf of the district, the board may contract with |
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349 | 349 | | the state or federal government for that government to reimburse |
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350 | 350 | | the district for treatment of a sick or injured person. |
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351 | 351 | | Sec. 1121.114. NONPROFIT CORPORATION. (a) The district |
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352 | 352 | | may create and sponsor a nonprofit corporation under the Business |
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353 | 353 | | Organizations Code and may contribute money to or solicit money for |
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354 | 354 | | the corporation. |
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355 | 355 | | (b) A corporation created under this section may use money |
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356 | 356 | | contributed by the district only for a district purpose, including |
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357 | 357 | | the provision of health care or other services the district is |
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358 | 358 | | authorized to provide under this chapter. |
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359 | 359 | | (c) The corporation may invest the corporation's money in |
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360 | 360 | | any manner in which the district may invest the district's money, |
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361 | 361 | | including investing money as authorized by Chapter 2256, Government |
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362 | 362 | | Code. |
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363 | 363 | | (d) The board shall establish controls to ensure that the |
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364 | 364 | | corporation uses its money as required by this section. |
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365 | 365 | | Sec. 1121.115. LOANS AND GRANTS FOR ECONOMIC DEVELOPMENT |
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366 | 366 | | PURPOSES. Under the authority granted by Section 52-a, Article |
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367 | 367 | | III, Texas Constitution, the district may loan or grant money to any |
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368 | 368 | | person for the development of medical education and research in the |
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369 | 369 | | district. |
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370 | 370 | | Sec. 1121.116. AUTHORITY TO SUE AND BE SUED. The board may |
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371 | 371 | | sue and be sued on behalf of the district. |
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372 | 372 | | Sec. 1121.117. CONSTRUCTION CONTRACTS; ADVERTISING FOR |
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373 | 373 | | CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a |
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374 | 374 | | construction contract on the district's behalf. |
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375 | 375 | | (b) The board may enter into a construction contract only |
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376 | 376 | | after competitive bidding as provided by Subchapter B, Chapter 271, |
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377 | 377 | | Local Government Code, if the amount of the contract is greater than |
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378 | 378 | | the amount provided by Section 271.024 of that code. |
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379 | 379 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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380 | 380 | | Sec. 1121.151. BUDGET. (a) The board and the district |
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381 | 381 | | administrator shall jointly prepare a proposed annual budget for |
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382 | 382 | | the district. |
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383 | 383 | | (b) The proposed budget must contain a complete financial |
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384 | 384 | | statement, including a statement of: |
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385 | 385 | | (1) the outstanding obligations of the district; |
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386 | 386 | | (2) the amount of cash on hand to the credit of each |
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387 | 387 | | fund of the district; |
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388 | 388 | | (3) the amount of money received by the district from |
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389 | 389 | | all sources during the previous year; |
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390 | 390 | | (4) the amount of money available to the district from |
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391 | 391 | | all sources during the ensuing year; |
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392 | 392 | | (5) the amount of the balances expected at the end of |
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393 | 393 | | the year in which the budget is being prepared; |
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394 | 394 | | (6) the estimated amount of revenues and balances |
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395 | 395 | | available to cover the proposed budget; and |
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396 | 396 | | (7) the estimated tax rate required. |
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397 | 397 | | Sec. 1121.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
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398 | 398 | | The board shall hold a public hearing on the proposed budget. |
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399 | 399 | | (b) The board shall publish notice of the hearing in a |
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400 | 400 | | newspaper with general circulation in the district not later than |
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401 | 401 | | the 10th day before the date of the hearing. |
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402 | 402 | | (c) Any district resident is entitled to be present and |
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403 | 403 | | participate at the hearing. |
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404 | 404 | | (d) At the conclusion of the hearing, the board shall adopt |
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405 | 405 | | a budget by acting on the proposed budget. The board may make a |
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406 | 406 | | change in the proposed budget that the board determines to be in the |
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407 | 407 | | interests of the taxpayers. |
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408 | 408 | | (e) The budget is effective only after adoption by the |
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409 | 409 | | board. |
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410 | 410 | | Sec. 1121.153. AMENDMENT OF BUDGET. After the budget is |
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411 | 411 | | adopted, the budget may be amended if the proposed amendment is |
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412 | 412 | | adopted by the board. |
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413 | 413 | | Sec. 1121.154. FISCAL YEAR. (a) The district operates |
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414 | 414 | | according to a fiscal year established by the board. |
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415 | 415 | | (b) The fiscal year may not be changed: |
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416 | 416 | | (1) during a period in which revenue bonds of the |
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417 | 417 | | district are outstanding; or |
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418 | 418 | | (2) more than once in a 24-month period. |
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419 | 419 | | Sec. 1121.155. ANNUAL AUDIT. The board shall have an annual |
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420 | 420 | | audit made of the financial condition of the district. |
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421 | 421 | | Sec. 1121.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
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422 | 422 | | RECORDS. The annual audit and other district records are open to |
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423 | 423 | | inspection during regular business hours at the principal office of |
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424 | 424 | | the district. |
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425 | 425 | | Sec. 1121.157. FINANCIAL REPORT. As soon as practicable |
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426 | 426 | | after the close of each fiscal year, the district administrator |
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427 | 427 | | shall prepare for the board a sworn statement of the amount of |
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428 | 428 | | district money and an account of the disbursement of that money. |
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429 | 429 | | Sec. 1121.158. SHORT-TERM FINANCING. The district may |
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430 | 430 | | borrow money through short-term financing. |
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431 | 431 | | Sec. 1121.159. DEBT LIMITATION. Except as provided by this |
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432 | 432 | | chapter and Chapter 1207, Government Code, the district may not |
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433 | 433 | | incur a debt payable from district revenue other than revenue |
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434 | 434 | | available in the current fiscal year and the immediately following |
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435 | 435 | | fiscal year of the district. |
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436 | 436 | | Sec. 1121.160. DEPOSITORY. (a) The board shall select at |
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437 | 437 | | least one bank to serve as a depository for district money. |
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438 | 438 | | (b) The board may solicit bids from local financial |
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439 | 439 | | institutions to determine which institution may serve as a |
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440 | 440 | | depository for district money. |
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441 | 441 | | (c) District money, other than money invested as provided by |
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442 | 442 | | Section 1121.161 and money transmitted to a bank for payment of |
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443 | 443 | | bonds or obligations issued or assumed by the district, shall be |
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444 | 444 | | deposited as received with the depository bank and shall remain on |
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445 | 445 | | deposit. This subsection does not limit the board's power to place |
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446 | 446 | | part of the district's money on time deposit or to purchase |
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447 | 447 | | certificates of deposit. |
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448 | 448 | | Sec. 1121.161. RESTRICTION ON INVESTMENT. The board may |
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449 | 449 | | invest operating, depreciation, or building reserves only in funds |
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450 | 450 | | or securities specified by Chapter 2256, Government Code. |
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451 | 451 | | SUBCHAPTER E. BONDS |
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452 | 452 | | Sec. 1121.201. GENERAL OBLIGATION BONDS. If authorized by |
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453 | 453 | | an election, the board may issue and sell general obligation bonds |
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454 | 454 | | in the name and on the faith and credit of the district to: |
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455 | 455 | | (1) purchase, construct, acquire, repair, or renovate |
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456 | 456 | | buildings or improvements; |
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457 | 457 | | (2) equip buildings or improvements for district |
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458 | 458 | | purposes; or |
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459 | 459 | | (3) acquire and operate a mobile emergency medical |
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460 | 460 | | service. |
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461 | 461 | | Sec. 1121.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
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462 | 462 | | the time general obligation bonds are issued by the district under |
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463 | 463 | | Section 1121.201, the board shall impose an ad valorem tax in an |
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464 | 464 | | amount sufficient to create an interest and sinking fund to pay the |
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465 | 465 | | principal of and interest on the bonds as the bonds mature. |
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466 | 466 | | (b) The tax required by this section together with any other |
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467 | 467 | | tax the district imposes in any year may not exceed the limit |
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468 | 468 | | approved by the voters at the election authorizing the imposition |
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469 | 469 | | of taxes. |
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470 | 470 | | Sec. 1121.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
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471 | 471 | | district may issue general obligation bonds only if the bonds are |
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472 | 472 | | authorized by a majority of the voters voting in an election held |
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473 | 473 | | for that purpose. |
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474 | 474 | | (b) The board may order a bond election. The order calling |
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475 | 475 | | the election must specify: |
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476 | 476 | | (1) the nature and date of the election; |
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477 | 477 | | (2) the hours during which the polls will be open; |
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478 | 478 | | (3) the location of polling places; |
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479 | 479 | | (4) the amounts of the bonds to be authorized; and |
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480 | 480 | | (5) the maximum maturity of the bonds. |
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481 | 481 | | (c) Notice of a bond election must be given as provided by |
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482 | 482 | | Chapter 1251, Government Code. |
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483 | 483 | | (d) The board shall declare the results of the election. |
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484 | 484 | | Sec. 1121.204. REVENUE BONDS. (a) The board may issue |
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485 | 485 | | revenue bonds to: |
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486 | 486 | | (1) acquire, purchase, construct, repair, renovate, |
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487 | 487 | | or equip buildings or improvements for district purposes; |
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488 | 488 | | (2) acquire sites to be used for district purposes; or |
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489 | 489 | | (3) acquire and operate a mobile emergency medical |
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490 | 490 | | service to assist the district in carrying out its purposes. |
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491 | 491 | | (b) The bonds must be payable from and secured by a pledge of |
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492 | 492 | | all or part of the revenues derived from the operation of the |
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493 | 493 | | district. |
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494 | 494 | | (c) The bonds may be additionally secured by a mortgage or |
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495 | 495 | | deed of trust lien on all or part of the district property. |
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496 | 496 | | (d) The bonds must be issued in the manner provided by |
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497 | 497 | | Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
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498 | 498 | | Health and Safety Code, for issuance of revenue bonds by county |
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499 | 499 | | hospital authorities. |
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500 | 500 | | Sec. 1121.205. MATURITY. District bonds must mature not |
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501 | 501 | | later than 40 years after the date of their issuance. |
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502 | 502 | | Sec. 1121.206. EXECUTION OF BONDS. (a) The board chair |
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503 | 503 | | shall execute district bonds in the district's name. |
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504 | 504 | | (b) The board secretary shall countersign the bonds in the |
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505 | 505 | | manner provided by Chapter 618, Government Code. |
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506 | 506 | | Sec. 1121.207. BONDS NOT SUBJECT TO TAXATION. The |
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507 | 507 | | following are not subject to taxation by the state or by a political |
---|
508 | 508 | | subdivision of the state: |
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509 | 509 | | (1) bonds issued by the district; |
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510 | 510 | | (2) any transaction relating to the bonds; and |
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511 | 511 | | (3) profits made in the sale of the bonds. |
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512 | 512 | | SUBCHAPTER F. AD VALOREM TAX |
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513 | 513 | | Sec. 1121.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
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514 | 514 | | shall impose a tax on all property in the district subject to |
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515 | 515 | | taxation by the district. |
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516 | 516 | | (b) The tax may be used to pay: |
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517 | 517 | | (1) indebtedness issued or assumed by the district; |
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518 | 518 | | and |
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519 | 519 | | (2) the maintenance and operating expenses of the |
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520 | 520 | | district. |
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521 | 521 | | (c) The district may not impose a tax to pay the principal of |
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522 | 522 | | or interest on revenue bonds issued under this chapter. |
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523 | 523 | | Sec. 1121.252. LIMITATION ON TAX RATE. (a) The tax rate on |
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524 | 524 | | all taxable property in the district for all purposes may not exceed |
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525 | 525 | | 25 cents on each $100 valuation of the property according to the |
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526 | 526 | | most recent certified tax appraisal roll of the district. |
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527 | 527 | | (b) In setting the tax rate, the board shall consider |
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528 | 528 | | district income from sources other than taxation. |
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529 | 529 | | (c) Section 285.231, Health and Safety Code, does not apply |
---|
530 | 530 | | to the district. |
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531 | 531 | | Sec. 1121.253. REDUCTION IN AD VALOREM TAX RATE BY COUNTY. |
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532 | 532 | | The Cameron County Commissioners Court, in determining the county |
---|
533 | 533 | | ad valorem tax rate for the first year in which the district imposes |
---|
534 | 534 | | ad valorem taxes on property in the district, shall: |
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535 | 535 | | (1) take into account the decrease in the amount the |
---|
536 | 536 | | county will spend for health care purposes in that year because the |
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537 | 537 | | district is providing health care services previously provided or |
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538 | 538 | | paid for by the county; and |
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539 | 539 | | (2) reduce the county's ad valorem tax rate in |
---|
540 | 540 | | accordance with the decreased amount of required spending described |
---|
541 | 541 | | by Subdivision (1). |
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542 | 542 | | Sec. 1121.254. RESIDENCE HOMESTEAD TAX PROVISIONS |
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543 | 543 | | APPLICABLE. (a) The board shall ensure that all district residents |
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544 | 544 | | receive all ad valorem tax exemptions and limitations that the |
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545 | 545 | | residents are entitled to receive under the constitution and the |
---|
546 | 546 | | Tax Code. |
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547 | 547 | | (b) The board shall adopt an exemption from ad valorem |
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548 | 548 | | taxation by the district of a portion of the appraised value of a |
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549 | 549 | | district resident's residence homestead as provided by Section |
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550 | 550 | | 11.13(d), Tax Code. Unless the board specifies a larger amount as |
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551 | 551 | | provided by Section 11.13(e), Tax Code, the amount of the exemption |
---|
552 | 552 | | required to be adopted by the board under this subsection is $3,000 |
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553 | 553 | | of the appraised value of a district resident's residence |
---|
554 | 554 | | homestead. Section 11.13(f), Tax Code, applies to an exemption |
---|
555 | 555 | | adopted by the board under this subsection. |
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556 | 556 | | Sec. 1121.255. PROHIBITION ON PARTICIPATION IN TAX |
---|
557 | 557 | | INCREMENT FUND. The district may not enter into an agreement to |
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558 | 558 | | participate in a reinvestment zone designated by a municipality or |
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559 | 559 | | a county under Chapter 311, Tax Code. |
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560 | 560 | | Sec. 1121.256. TAX ASSESSOR-COLLECTOR. The board may |
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561 | 561 | | provide for the appointment of a tax assessor-collector for the |
---|
562 | 562 | | district or may contract for the assessment and collection of taxes |
---|
563 | 563 | | as provided by the Tax Code. |
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564 | 564 | | SUBCHAPTER G. DISSOLUTION |
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565 | 565 | | Sec. 1121.301. DISSOLUTION; ELECTION. (a) The district |
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566 | 566 | | may be dissolved only on approval of a majority of the voters voting |
---|
567 | 567 | | in an election held for that purpose. |
---|
568 | 568 | | (b) The board may order an election on the question of |
---|
569 | 569 | | dissolving the district and disposing of the district's assets and |
---|
570 | 570 | | obligations. |
---|
571 | 571 | | (c) The board shall order an election if the board receives |
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572 | 572 | | a petition requesting an election that is signed by at least 15 |
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573 | 573 | | percent of the district's registered voters. |
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574 | 574 | | (d) The order calling the election must state: |
---|
575 | 575 | | (1) the nature of the election, including the |
---|
576 | 576 | | proposition that is to appear on the ballot; |
---|
577 | 577 | | (2) the date of the election; |
---|
578 | 578 | | (3) the hours during which the polls will be open; and |
---|
579 | 579 | | (4) the location of the polling places. |
---|
580 | 580 | | (e) Section 41.001(a), Election Code, does not apply to an |
---|
581 | 581 | | election ordered under this section. |
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582 | 582 | | Sec. 1121.302. NOTICE OF ELECTION. (a) The board shall |
---|
583 | 583 | | give notice of an election under this subchapter by publishing a |
---|
584 | 584 | | substantial copy of the election order in a newspaper with general |
---|
585 | 585 | | circulation in the district once a week for two consecutive weeks. |
---|
586 | 586 | | (b) The first publication must appear not later than the |
---|
587 | 587 | | 30th day before the date set for the election. |
---|
588 | 588 | | Sec. 1121.303. BALLOT. The ballot for an election under |
---|
589 | 589 | | this subchapter must be printed to permit voting for or against the |
---|
590 | 590 | | proposition: "The dissolution of the Cameron County Healthcare |
---|
591 | 591 | | District." |
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592 | 592 | | Sec. 1121.304. ELECTION RESULTS. (a) If a majority of the |
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593 | 593 | | votes in an election under this subchapter favor dissolution, the |
---|
594 | 594 | | board shall order that the district be dissolved. |
---|
595 | 595 | | (b) If a majority of the votes in an election under this |
---|
596 | 596 | | subchapter do not favor dissolution, the board shall continue to |
---|
597 | 597 | | administer the district, and another election on the question of |
---|
598 | 598 | | dissolution may not be held before the first anniversary of the date |
---|
599 | 599 | | of the most recent election to dissolve the district. |
---|
600 | 600 | | Sec. 1121.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
---|
601 | 601 | | If a majority of the votes in an election under this subchapter |
---|
602 | 602 | | favor dissolution, the board shall: |
---|
603 | 603 | | (1) transfer the land, buildings, improvements, |
---|
604 | 604 | | equipment, and other assets belonging to the district to Cameron |
---|
605 | 605 | | County; or |
---|
606 | 606 | | (2) administer the property, assets, and debts of the |
---|
607 | 607 | | district until all money has been disposed of and all district debts |
---|
608 | 608 | | have been paid or settled. |
---|
609 | 609 | | (b) If the board makes the transfer under Subsection (a)(1), |
---|
610 | 610 | | the county assumes all debts and obligations of the district at the |
---|
611 | 611 | | time of the transfer and the district is dissolved. |
---|
612 | 612 | | (c) If Subsection (a)(1) does not apply and the board |
---|
613 | 613 | | administers the property, assets, and debts of the district under |
---|
614 | 614 | | Subsection (a)(2), the district is dissolved when all money has |
---|
615 | 615 | | been disposed of and all district debts have been paid or settled. |
---|
616 | 616 | | Sec. 1121.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
---|
617 | 617 | | TAXES. (a) After the board determines that the district is |
---|
618 | 618 | | dissolved, the board shall: |
---|
619 | 619 | | (1) determine the debt owed by the district; and |
---|
620 | 620 | | (2) impose on the property included in the district's |
---|
621 | 621 | | tax rolls a tax that is in proportion of the debt to the property |
---|
622 | 622 | | value. |
---|
623 | 623 | | (b) On the payment of all outstanding debts and obligations |
---|
624 | 624 | | of the district, the board shall order the secretary to return to |
---|
625 | 625 | | each district taxpayer the taxpayer's pro rata share of all unused |
---|
626 | 626 | | tax money. |
---|
627 | 627 | | (c) A taxpayer may request that the taxpayer's share of |
---|
628 | 628 | | surplus tax money be credited to the taxpayer's county taxes. If a |
---|
629 | 629 | | taxpayer requests the credit, the board shall direct the secretary |
---|
630 | 630 | | to transmit the funds to the tax assessor-collector for Cameron |
---|
631 | 631 | | County. |
---|
632 | 632 | | Sec. 1121.307. REPORT; DISSOLUTION ORDER. (a) After the |
---|
633 | 633 | | district has paid all its debts and has disposed of all its money |
---|
634 | 634 | | and other assets as prescribed by this subchapter, the board shall |
---|
635 | 635 | | file a written report with the Cameron County Commissioners Court |
---|
636 | 636 | | summarizing the board's actions in dissolving the district. |
---|
637 | 637 | | (b) Not later than the 10th day after the date the Cameron |
---|
638 | 638 | | County Commissioners Court receives the report and determines that |
---|
639 | 639 | | the requirements of this subchapter have been fulfilled, the |
---|
640 | 640 | | commissioners court shall enter an order dissolving the district |
---|
641 | 641 | | and releasing the board from any further duty or obligation. |
---|
642 | 642 | | SECTION 2. On the creation of the Cameron County Healthcare |
---|
643 | 643 | | District, or as soon as practicable after the district is created, |
---|
644 | 644 | | the Cameron County Commissioners Court shall transfer to the |
---|
645 | 645 | | district all operating funds, and any funds held in reserve for |
---|
646 | 646 | | operating expenses, that have been budgeted by the county to pay the |
---|
647 | 647 | | costs associated with administering a county program to provide to |
---|
648 | 648 | | residents of the district indigent health care assistance under |
---|
649 | 649 | | Chapter 61, Health and Safety Code, during the fiscal year in which |
---|
650 | 650 | | the district is created. |
---|
651 | 651 | | SECTION 3. Proof of publication of the notice required to |
---|
652 | 652 | | enact Chapter 1121, Special District Local Laws Code, as added by |
---|
653 | 653 | | this Act, under the provisions of Section 9, Article IX, Texas |
---|
654 | 654 | | Constitution, has been made in the manner and form provided by law |
---|
655 | 655 | | pertaining to the enactment of local and special laws, and the |
---|
656 | 656 | | notice is found and declared proper and sufficient to satisfy the |
---|
657 | 657 | | requirement. |
---|
658 | 658 | | SECTION 4. (a) Except as provided by Subsection (b) of this |
---|
659 | 659 | | section, this Act takes effect immediately if it receives a vote of |
---|
660 | 660 | | two-thirds of all the members elected to each house, as provided by |
---|
661 | 661 | | Section 39, Article III, Texas Constitution. |
---|
662 | 662 | | (b) If this Act does not receive the vote necessary for |
---|
663 | 663 | | immediate effect: |
---|
664 | 664 | | (1) this Act takes effect September 1, 2015; and |
---|
665 | 665 | | (2) Section 1121.109, Special District Local Laws |
---|
666 | 666 | | Code, as added by this Act, has no effect. |
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