Texas 2015 - 84th Regular

Texas House Bill HB4182 Compare Versions

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11 84R20126 CJC-D
22 By: Lucio III, Oliveira, Longoria H.B. No. 4182
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Cameron County Healthcare District;
88 granting the authority to impose a tax and issue bonds; granting the
99 power of eminent domain.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle A, Title 3, Special District Local Laws
1212 Code, is amended by adding Chapter 1121 to read as follows:
1313 CHAPTER 1121. CAMERON COUNTY HEALTHCARE DISTRICT
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 1121.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the board of directors of the
1717 district.
1818 (2) "Director" means a member of the board.
1919 (3) "District" means the Cameron County Healthcare
2020 District.
2121 Sec. 1121.002. DISTRICT AUTHORIZATION. The Cameron County
2222 Healthcare District may be created and, if created, operates and is
2323 financed as a hospital district as provided by Section 9, Article
2424 IX, Texas Constitution, and by this chapter.
2525 Sec. 1121.003. ESSENTIAL PUBLIC FUNCTION. The district is
2626 a public entity performing an essential public function.
2727 Sec. 1121.004. DISTRICT TERRITORY. The boundaries of the
2828 district are coextensive with the boundaries of Cameron County.
2929 Sec. 1121.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
3030 OBLIGATION. The state may not be obligated for the support or
3131 maintenance of the district.
3232 Sec. 1121.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
3333 The legislature may not make a direct appropriation for the
3434 construction, maintenance, or improvement of a district facility.
3535 SUBCHAPTER A-1. TEMPORARY PROVISIONS
3636 Sec. 1121.021. CREATION ELECTION; ORDERING ELECTION. (a)
3737 The district may be created and a tax may be authorized only if the
3838 creation and the tax are approved by a majority of the registered
3939 voters of the territory of the proposed district voting at an
4040 election called and held for that purpose.
4141 (b) The Cameron County Commissioners Court shall order an
4242 election for the registered voters of Cameron County on the
4343 question of creation of the Cameron County Healthcare District if
4444 the commissioners court receives a petition requesting an election
4545 that is signed by at least 100 registered voters who are residents
4646 of Cameron County.
4747 (c) The order calling an election under this section must
4848 state:
4949 (1) the nature of the election, including the
5050 proposition that is to appear on the ballot;
5151 (2) the date of the election;
5252 (3) the hours during which the polls will be open; and
5353 (4) the location of the polling places.
5454 (d) Section 41.001(a), Election Code, does not apply to an
5555 election ordered under this section.
5656 (e) The Cameron County Commissioners Court shall give
5757 notice of an election under this section by publishing a
5858 substantial copy of the election order in a newspaper with general
5959 circulation in Cameron County once a week for two consecutive
6060 weeks. The first publication must appear not later than the 30th
6161 day before the date set for the election.
6262 (f) The ballot for an election under this section must be
6363 printed to permit voting for or against the proposition: "The
6464 creation of the Cameron County Healthcare District, providing for
6565 the imposition of an ad valorem tax at a rate determined by the
6666 board of directors of the district, which rate may not exceed 25
6767 cents on each $100 valuation of all taxable property in the
6868 district. District funds shall be used for district purposes,
6969 including providing medical and hospital care for the needy
7070 inhabitants of Cameron County, improving health care services for
7171 inhabitants of Cameron County, supporting the School of Medicine at
7272 The University of Texas Rio Grande Valley, training physicians,
7373 nurses, and other health care professionals, obtaining federal or
7474 state funds for health care services, and providing community
7575 health clinics, primary care services, behavioral and mental health
7676 care services, and prevention and wellness programs."
7777 (g) The Cameron County Commissioners Court shall find that
7878 the Cameron County Healthcare District is created if a majority of
7979 the voters voting in the election held under this section favor the
8080 creation of the district.
8181 SUBCHAPTER B. DISTRICT ADMINISTRATION
8282 Sec. 1121.051. DIRECTORS; TERM. (a) If the creation of the
8383 district is approved at the election held under Section 1121.021,
8484 the district shall be governed by a board of nine directors,
8585 appointed as follows:
8686 (1) the county judge of Cameron County shall appoint
8787 one director;
8888 (2) each county commissioner serving on the Cameron
8989 County Commissioners Court shall appoint one director; and
9090 (3) the governing bodies of the four municipalities
9191 located in Cameron County that have the greatest amounts of taxable
9292 value of property taxable by the district located within their
9393 corporate boundaries shall each appoint one director.
9494 (b) Directors serve staggered three-year terms, with three
9595 directors' terms expiring each year. The initial directors
9696 appointed under this section shall draw lots as follows to
9797 determine:
9898 (1) for the directors appointed by the governing
9999 bodies of the municipalities in Cameron County described by
100100 Subsection (a), which director serves a one-year term, which two
101101 directors serve a two-year term, and which director serves a
102102 three-year term; and
103103 (2) for the directors appointed by the Cameron County
104104 Commissioners Court, including the director appointed by the county
105105 judge of Cameron County, which two directors serve a one-year term,
106106 which director serves a two-year term, and which two directors
107107 serve a three-year term.
108108 (c) On expiration of the initial directors' terms,
109109 successor directors shall be appointed for a three-year term by the
110110 person or governing body that appointed the initial director.
111111 (d) A director may not serve more than three consecutive
112112 three-year terms.
113113 Sec. 1121.052. ELIGIBILITY FOR APPOINTMENT TO BOARD. A
114114 person is not eligible for appointment to the board if the person
115115 is:
116116 (1) an employee of Cameron County;
117117 (2) an employee of a municipality located in the
118118 district;
119119 (3) a district employee; or
120120 (4) related within the third degree of consanguinity
121121 or affinity, as determined under Subchapter B, Chapter 573,
122122 Government Code, to a member of the Commissioners Court of Cameron
123123 County, to a member of the governing body of a municipality located
124124 in the district, or to a person described by Subdivision (1), (2),
125125 or (3).
126126 Sec. 1121.053. OFFICERS. (a) The board shall elect from
127127 among the directors:
128128 (1) a chair; and
129129 (2) a vice chair to preside in the chair's absence.
130130 (b) The board shall elect a director or the district
131131 administrator to serve as secretary.
132132 Sec. 1121.054. COMPENSATION; REIMBURSEMENT. A director or
133133 officer serves without compensation but may be reimbursed for
134134 actual expenses incurred in the performance of official duties.
135135 The expenses must be:
136136 (1) reported in the district's records; and
137137 (2) approved by the board.
138138 Sec. 1121.055. DIRECTOR'S BOND. (a) Before assuming the
139139 duties of office, each director must execute a bond in the amount of
140140 $5,000 payable to the district and conditioned on the faithful
141141 performance of the director's duties.
142142 (b) The bond shall be kept in the permanent records of the
143143 district.
144144 (c) The board may pay for a director's bond with district
145145 money.
146146 Sec. 1121.056. BOARD VACANCY. A vacancy in the office of
147147 director shall be filled for the remainder of the unexpired term by
148148 appointment by the person or governing body that appointed the
149149 vacating director.
150150 Sec. 1121.057. VOTING REQUIREMENT. A concurrence of a
151151 majority of the directors voting is necessary in matters relating
152152 to district business.
153153 Sec. 1121.058. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S
154154 BOND. (a) The board may appoint a qualified person as district
155155 administrator.
156156 (b) The district administrator serves at the will of the
157157 board.
158158 (c) The district administrator is entitled to compensation
159159 determined by the board.
160160 (d) Before assuming the duties of district administrator,
161161 the administrator must execute a bond payable to the district in an
162162 amount not less than $5,000, as determined by the board,
163163 conditioned on the faithful performance of the administrator's
164164 duties.
165165 (e) The board may pay for the bond with district money.
166166 Sec. 1121.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
167167 Subject to the limitations prescribed by the board, the district
168168 administrator shall:
169169 (1) supervise the work and activities of the district;
170170 and
171171 (2) direct the general affairs of the district.
172172 Sec. 1121.060. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
173173 (a) The board may appoint qualified persons as assistant district
174174 administrator and attorney for the district.
175175 (b) The assistant district administrator and attorney for
176176 the district serve at the will of the board.
177177 (c) The assistant district administrator and attorney for
178178 the district are entitled to compensation determined by the board.
179179 Sec. 1121.061. EMPLOYEES. (a) The district may employ
180180 nurses, technicians, fiscal agents, accountants, architects,
181181 additional attorneys, and other necessary employees.
182182 (b) The board may delegate to the district administrator the
183183 authority to employ persons for the district.
184184 Sec. 1121.062. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
185185 The board may spend district money, enter into agreements, and take
186186 other necessary actions to recruit physicians and other persons to
187187 serve as medical staff members or district employees. The actions
188188 may include:
189189 (1) advertising and marketing;
190190 (2) paying travel, recruitment, and relocation
191191 expenses;
192192 (3) providing a loan or scholarship to a physician or a
193193 person currently enrolled in health care education courses at an
194194 institution of higher education who contracts to become a medical
195195 staff member or district employee; or
196196 (4) contracting with a full-time medical student or
197197 other student in a health occupation who is enrolled in and in good
198198 standing at an accredited medical school, college, or university to
199199 pay the student's tuition or other expenses for the consideration
200200 of the student agreeing to serve as an employee or independent
201201 contractor for the district.
202202 Sec. 1121.063. APPOINTMENT AND REMOVAL OF MEDICAL STAFF.
203203 The board may:
204204 (1) appoint to the medical staff any doctor the board
205205 considers necessary for the efficient operation of the district;
206206 (2) remove any doctor from the medical staff, after
207207 due process, if the board considers the doctor's removal necessary
208208 for the efficient operation of the district; and
209209 (3) make temporary appointments to the medical staff
210210 as the board considers necessary.
211211 Sec. 1121.064. RETIREMENT BENEFITS. The board may provide
212212 retirement benefits for district employees by:
213213 (1) establishing or administering a retirement
214214 program; or
215215 (2) participating in:
216216 (A) the Texas County and District Retirement
217217 System; or
218218 (B) another statewide retirement system in which
219219 the district is eligible to participate.
220220 SUBCHAPTER C. POWERS AND DUTIES
221221 Sec. 1121.101. DISTRICT RESPONSIBILITY. The district has
222222 full responsibility for operating the district's hospital
223223 facilities and providing medical and hospital care for the
224224 district's needy inhabitants.
225225 Sec. 1121.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
226226 The board shall manage, control, and administer the district and
227227 the money and resources of the district.
228228 Sec. 1121.103. RULES. The board may adopt rules governing:
229229 (1) the operation of the district and any district
230230 hospital; and
231231 (2) the duties, functions, and responsibilities of
232232 district staff and employees.
233233 Sec. 1121.104. PURCHASING AND ACCOUNTING PROCEDURES. The
234234 board may prescribe:
235235 (1) the method of making purchases and expenditures by
236236 and for the district; and
237237 (2) accounting and control procedures for the
238238 district.
239239 Sec. 1121.105. PROVISION OF CERTAIN HEALTH SERVICES. (a)
240240 The district may operate or provide for the operation of a mobile
241241 emergency medical service.
242242 (b) The district may operate or provide for home health
243243 services, long-term care, skilled nursing care, intermediate
244244 nursing care, or hospice care.
245245 Sec. 1121.106. DISTRICT PROPERTY, FACILITIES, AND
246246 EQUIPMENT. (a) The board shall determine:
247247 (1) the type, number, and location of buildings
248248 required to maintain an adequate health care district; and
249249 (2) the type of equipment necessary to provide medical
250250 care in the district.
251251 (b) The board may:
252252 (1) acquire property, facilities, and equipment for
253253 use by the district;
254254 (2) mortgage or pledge the property, facilities, or
255255 equipment as security for payment of the purchase price;
256256 (3) sell or otherwise dispose of property, facilities,
257257 or equipment for the district; or
258258 (4) lease hospital facilities for the district.
259259 Sec. 1121.107. OPERATING AND MANAGEMENT CONTRACTS. The
260260 board may enter into operating or management contracts relating to
261261 hospital or other health care facilities for the district.
262262 Sec. 1121.108. SERVICE CONTRACTS. (a) The board may
263263 contract with public or private hospitals, clinics, physicians or
264264 other health care providers, political subdivisions of the state,
265265 accredited public or private medical schools and their affiliated
266266 nonprofit entities or faculty practice plans, allied health
267267 education institutions, or state and federal agencies for the
268268 district to provide a mobile emergency medical service or other
269269 medical, hospital, or health care services needed to provide for
270270 the investigatory, welfare, medical, or health care needs of
271271 inhabitants of the district.
272272 (b) The board may contract with a person to receive or
273273 supply the services the board considers necessary for the effective
274274 operation of the district.
275275 Sec. 1121.109. EMINENT DOMAIN. (a) The district may
276276 exercise the power of eminent domain to acquire a fee simple or
277277 other interest in property located in district territory if the
278278 interest is necessary for the district to exercise the rights or
279279 authority conferred by this chapter.
280280 (b) The district must exercise the power of eminent domain
281281 in the manner provided by Chapter 21, Property Code, except that the
282282 district is not required to deposit with the trial court money or a
283283 bond as provided by Section 21.021(a), Property Code.
284284 (c) In a condemnation proceeding brought by the district,
285285 the district is not required to:
286286 (1) pay in advance or provide bond or other security
287287 for costs in the trial court;
288288 (2) provide bond for the issuance of a temporary
289289 restraining order or a temporary injunction; or
290290 (3) provide a bond for costs or a supersedeas bond on
291291 an appeal or petition for review.
292292 Sec. 1121.110. COST OF RELOCATING OR ALTERING PROPERTY. In
293293 exercising the power of eminent domain, if the board requires
294294 relocating, raising, lowering, rerouting, changing the grade, or
295295 altering the construction of any railroad, highway, pipeline, or
296296 electric transmission and electric distribution, telegraph, or
297297 telephone line, conduit, pole, or facility, the district shall pay
298298 the actual cost of that activity to provide a comparable
299299 replacement, without enhancement of facilities, after deducting
300300 the net salvage value derived from the old facility.
301301 Sec. 1121.111. GIFTS AND ENDOWMENTS. The board may accept
302302 for the district a gift or endowment to be held in trust for any
303303 purpose and under any direction, limitation, or provision in
304304 writing by the donor that is consistent with the proper management
305305 of the district.
306306 Sec. 1121.112. PAYMENT FOR TREATMENT; PROCEDURES. (a)
307307 When a person who resides in the district is admitted as a patient
308308 to a district facility or receives medical or hospital care from the
309309 district, the district administrator may have an inquiry made into
310310 the financial circumstances of:
311311 (1) the patient; and
312312 (2) a relative of the patient who is legally
313313 responsible for the patient's support.
314314 (b) To the extent that the patient or a relative of the
315315 patient who is legally responsible for the patient's support cannot
316316 pay for care and treatment provided by the district, the district
317317 shall supply the care and treatment without charging the patient or
318318 the patient's relative.
319319 (c) On determining that the patient or a relative legally
320320 responsible for the patient's support can pay for all or part of the
321321 care and treatment provided by the district, the district
322322 administrator shall report that determination to the board, and the
323323 board shall issue an order directing the patient or the relative to
324324 pay the district a specified amount each week. The amount must be
325325 based on the person's ability to pay.
326326 (d) The district administrator may collect money owed to the
327327 district from the patient's estate or from that of a relative
328328 legally responsible for the patient's support in the manner
329329 provided by law for the collection of expenses in the last illness
330330 of a deceased person.
331331 (e) If there is a dispute relating to a person's ability to
332332 pay or if the district administrator has any doubt concerning a
333333 person's ability to pay, the board shall call witnesses, hear and
334334 resolve the question, and issue a final order. The order may be
335335 appealed to a district court in Cameron County. The substantial
336336 evidence rule applies to an appeal under this subsection.
337337 Sec. 1121.113. REIMBURSEMENT FOR SERVICES. (a) If the
338338 district provides care or treatment to a sick or injured person who
339339 is not an inhabitant of Cameron County, the board shall require the
340340 county, municipality, or public hospital located outside of the
341341 district and in which the person is an inhabitant to reimburse the
342342 district for the district's care and treatment of that person as
343343 provided by Chapter 61, Health and Safety Code.
344344 (b) The board shall require the sheriff of Cameron County to
345345 reimburse the district for the district's care and treatment of a
346346 person who is confined in a jail facility of Cameron County and is
347347 not a resident of the district.
348348 (c) On behalf of the district, the board may contract with
349349 the state or federal government for that government to reimburse
350350 the district for treatment of a sick or injured person.
351351 Sec. 1121.114. NONPROFIT CORPORATION. (a) The district
352352 may create and sponsor a nonprofit corporation under the Business
353353 Organizations Code and may contribute money to or solicit money for
354354 the corporation.
355355 (b) A corporation created under this section may use money
356356 contributed by the district only for a district purpose, including
357357 the provision of health care or other services the district is
358358 authorized to provide under this chapter.
359359 (c) The corporation may invest the corporation's money in
360360 any manner in which the district may invest the district's money,
361361 including investing money as authorized by Chapter 2256, Government
362362 Code.
363363 (d) The board shall establish controls to ensure that the
364364 corporation uses its money as required by this section.
365365 Sec. 1121.115. LOANS AND GRANTS FOR ECONOMIC DEVELOPMENT
366366 PURPOSES. Under the authority granted by Section 52-a, Article
367367 III, Texas Constitution, the district may loan or grant money to any
368368 person for the development of medical education and research in the
369369 district.
370370 Sec. 1121.116. AUTHORITY TO SUE AND BE SUED. The board may
371371 sue and be sued on behalf of the district.
372372 Sec. 1121.117. CONSTRUCTION CONTRACTS; ADVERTISING FOR
373373 CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a
374374 construction contract on the district's behalf.
375375 (b) The board may enter into a construction contract only
376376 after competitive bidding as provided by Subchapter B, Chapter 271,
377377 Local Government Code, if the amount of the contract is greater than
378378 the amount provided by Section 271.024 of that code.
379379 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
380380 Sec. 1121.151. BUDGET. (a) The board and the district
381381 administrator shall jointly prepare a proposed annual budget for
382382 the district.
383383 (b) The proposed budget must contain a complete financial
384384 statement, including a statement of:
385385 (1) the outstanding obligations of the district;
386386 (2) the amount of cash on hand to the credit of each
387387 fund of the district;
388388 (3) the amount of money received by the district from
389389 all sources during the previous year;
390390 (4) the amount of money available to the district from
391391 all sources during the ensuing year;
392392 (5) the amount of the balances expected at the end of
393393 the year in which the budget is being prepared;
394394 (6) the estimated amount of revenues and balances
395395 available to cover the proposed budget; and
396396 (7) the estimated tax rate required.
397397 Sec. 1121.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
398398 The board shall hold a public hearing on the proposed budget.
399399 (b) The board shall publish notice of the hearing in a
400400 newspaper with general circulation in the district not later than
401401 the 10th day before the date of the hearing.
402402 (c) Any district resident is entitled to be present and
403403 participate at the hearing.
404404 (d) At the conclusion of the hearing, the board shall adopt
405405 a budget by acting on the proposed budget. The board may make a
406406 change in the proposed budget that the board determines to be in the
407407 interests of the taxpayers.
408408 (e) The budget is effective only after adoption by the
409409 board.
410410 Sec. 1121.153. AMENDMENT OF BUDGET. After the budget is
411411 adopted, the budget may be amended if the proposed amendment is
412412 adopted by the board.
413413 Sec. 1121.154. FISCAL YEAR. (a) The district operates
414414 according to a fiscal year established by the board.
415415 (b) The fiscal year may not be changed:
416416 (1) during a period in which revenue bonds of the
417417 district are outstanding; or
418418 (2) more than once in a 24-month period.
419419 Sec. 1121.155. ANNUAL AUDIT. The board shall have an annual
420420 audit made of the financial condition of the district.
421421 Sec. 1121.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
422422 RECORDS. The annual audit and other district records are open to
423423 inspection during regular business hours at the principal office of
424424 the district.
425425 Sec. 1121.157. FINANCIAL REPORT. As soon as practicable
426426 after the close of each fiscal year, the district administrator
427427 shall prepare for the board a sworn statement of the amount of
428428 district money and an account of the disbursement of that money.
429429 Sec. 1121.158. SHORT-TERM FINANCING. The district may
430430 borrow money through short-term financing.
431431 Sec. 1121.159. DEBT LIMITATION. Except as provided by this
432432 chapter and Chapter 1207, Government Code, the district may not
433433 incur a debt payable from district revenue other than revenue
434434 available in the current fiscal year and the immediately following
435435 fiscal year of the district.
436436 Sec. 1121.160. DEPOSITORY. (a) The board shall select at
437437 least one bank to serve as a depository for district money.
438438 (b) The board may solicit bids from local financial
439439 institutions to determine which institution may serve as a
440440 depository for district money.
441441 (c) District money, other than money invested as provided by
442442 Section 1121.161 and money transmitted to a bank for payment of
443443 bonds or obligations issued or assumed by the district, shall be
444444 deposited as received with the depository bank and shall remain on
445445 deposit. This subsection does not limit the board's power to place
446446 part of the district's money on time deposit or to purchase
447447 certificates of deposit.
448448 Sec. 1121.161. RESTRICTION ON INVESTMENT. The board may
449449 invest operating, depreciation, or building reserves only in funds
450450 or securities specified by Chapter 2256, Government Code.
451451 SUBCHAPTER E. BONDS
452452 Sec. 1121.201. GENERAL OBLIGATION BONDS. If authorized by
453453 an election, the board may issue and sell general obligation bonds
454454 in the name and on the faith and credit of the district to:
455455 (1) purchase, construct, acquire, repair, or renovate
456456 buildings or improvements;
457457 (2) equip buildings or improvements for district
458458 purposes; or
459459 (3) acquire and operate a mobile emergency medical
460460 service.
461461 Sec. 1121.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
462462 the time general obligation bonds are issued by the district under
463463 Section 1121.201, the board shall impose an ad valorem tax in an
464464 amount sufficient to create an interest and sinking fund to pay the
465465 principal of and interest on the bonds as the bonds mature.
466466 (b) The tax required by this section together with any other
467467 tax the district imposes in any year may not exceed the limit
468468 approved by the voters at the election authorizing the imposition
469469 of taxes.
470470 Sec. 1121.203. GENERAL OBLIGATION BOND ELECTION. (a) The
471471 district may issue general obligation bonds only if the bonds are
472472 authorized by a majority of the voters voting in an election held
473473 for that purpose.
474474 (b) The board may order a bond election. The order calling
475475 the election must specify:
476476 (1) the nature and date of the election;
477477 (2) the hours during which the polls will be open;
478478 (3) the location of polling places;
479479 (4) the amounts of the bonds to be authorized; and
480480 (5) the maximum maturity of the bonds.
481481 (c) Notice of a bond election must be given as provided by
482482 Chapter 1251, Government Code.
483483 (d) The board shall declare the results of the election.
484484 Sec. 1121.204. REVENUE BONDS. (a) The board may issue
485485 revenue bonds to:
486486 (1) acquire, purchase, construct, repair, renovate,
487487 or equip buildings or improvements for district purposes;
488488 (2) acquire sites to be used for district purposes; or
489489 (3) acquire and operate a mobile emergency medical
490490 service to assist the district in carrying out its purposes.
491491 (b) The bonds must be payable from and secured by a pledge of
492492 all or part of the revenues derived from the operation of the
493493 district.
494494 (c) The bonds may be additionally secured by a mortgage or
495495 deed of trust lien on all or part of the district property.
496496 (d) The bonds must be issued in the manner provided by
497497 Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
498498 Health and Safety Code, for issuance of revenue bonds by county
499499 hospital authorities.
500500 Sec. 1121.205. MATURITY. District bonds must mature not
501501 later than 40 years after the date of their issuance.
502502 Sec. 1121.206. EXECUTION OF BONDS. (a) The board chair
503503 shall execute district bonds in the district's name.
504504 (b) The board secretary shall countersign the bonds in the
505505 manner provided by Chapter 618, Government Code.
506506 Sec. 1121.207. BONDS NOT SUBJECT TO TAXATION. The
507507 following are not subject to taxation by the state or by a political
508508 subdivision of the state:
509509 (1) bonds issued by the district;
510510 (2) any transaction relating to the bonds; and
511511 (3) profits made in the sale of the bonds.
512512 SUBCHAPTER F. AD VALOREM TAX
513513 Sec. 1121.251. IMPOSITION OF AD VALOREM TAX. (a) The board
514514 shall impose a tax on all property in the district subject to
515515 taxation by the district.
516516 (b) The tax may be used to pay:
517517 (1) indebtedness issued or assumed by the district;
518518 and
519519 (2) the maintenance and operating expenses of the
520520 district.
521521 (c) The district may not impose a tax to pay the principal of
522522 or interest on revenue bonds issued under this chapter.
523523 Sec. 1121.252. LIMITATION ON TAX RATE. (a) The tax rate on
524524 all taxable property in the district for all purposes may not exceed
525525 25 cents on each $100 valuation of the property according to the
526526 most recent certified tax appraisal roll of the district.
527527 (b) In setting the tax rate, the board shall consider
528528 district income from sources other than taxation.
529529 (c) Section 285.231, Health and Safety Code, does not apply
530530 to the district.
531531 Sec. 1121.253. REDUCTION IN AD VALOREM TAX RATE BY COUNTY.
532532 The Cameron County Commissioners Court, in determining the county
533533 ad valorem tax rate for the first year in which the district imposes
534534 ad valorem taxes on property in the district, shall:
535535 (1) take into account the decrease in the amount the
536536 county will spend for health care purposes in that year because the
537537 district is providing health care services previously provided or
538538 paid for by the county; and
539539 (2) reduce the county's ad valorem tax rate in
540540 accordance with the decreased amount of required spending described
541541 by Subdivision (1).
542542 Sec. 1121.254. RESIDENCE HOMESTEAD TAX PROVISIONS
543543 APPLICABLE. (a) The board shall ensure that all district residents
544544 receive all ad valorem tax exemptions and limitations that the
545545 residents are entitled to receive under the constitution and the
546546 Tax Code.
547547 (b) The board shall adopt an exemption from ad valorem
548548 taxation by the district of a portion of the appraised value of a
549549 district resident's residence homestead as provided by Section
550550 11.13(d), Tax Code. Unless the board specifies a larger amount as
551551 provided by Section 11.13(e), Tax Code, the amount of the exemption
552552 required to be adopted by the board under this subsection is $3,000
553553 of the appraised value of a district resident's residence
554554 homestead. Section 11.13(f), Tax Code, applies to an exemption
555555 adopted by the board under this subsection.
556556 Sec. 1121.255. PROHIBITION ON PARTICIPATION IN TAX
557557 INCREMENT FUND. The district may not enter into an agreement to
558558 participate in a reinvestment zone designated by a municipality or
559559 a county under Chapter 311, Tax Code.
560560 Sec. 1121.256. TAX ASSESSOR-COLLECTOR. The board may
561561 provide for the appointment of a tax assessor-collector for the
562562 district or may contract for the assessment and collection of taxes
563563 as provided by the Tax Code.
564564 SUBCHAPTER G. DISSOLUTION
565565 Sec. 1121.301. DISSOLUTION; ELECTION. (a) The district
566566 may be dissolved only on approval of a majority of the voters voting
567567 in an election held for that purpose.
568568 (b) The board may order an election on the question of
569569 dissolving the district and disposing of the district's assets and
570570 obligations.
571571 (c) The board shall order an election if the board receives
572572 a petition requesting an election that is signed by at least 15
573573 percent of the district's registered voters.
574574 (d) The order calling the election must state:
575575 (1) the nature of the election, including the
576576 proposition that is to appear on the ballot;
577577 (2) the date of the election;
578578 (3) the hours during which the polls will be open; and
579579 (4) the location of the polling places.
580580 (e) Section 41.001(a), Election Code, does not apply to an
581581 election ordered under this section.
582582 Sec. 1121.302. NOTICE OF ELECTION. (a) The board shall
583583 give notice of an election under this subchapter by publishing a
584584 substantial copy of the election order in a newspaper with general
585585 circulation in the district once a week for two consecutive weeks.
586586 (b) The first publication must appear not later than the
587587 30th day before the date set for the election.
588588 Sec. 1121.303. BALLOT. The ballot for an election under
589589 this subchapter must be printed to permit voting for or against the
590590 proposition: "The dissolution of the Cameron County Healthcare
591591 District."
592592 Sec. 1121.304. ELECTION RESULTS. (a) If a majority of the
593593 votes in an election under this subchapter favor dissolution, the
594594 board shall order that the district be dissolved.
595595 (b) If a majority of the votes in an election under this
596596 subchapter do not favor dissolution, the board shall continue to
597597 administer the district, and another election on the question of
598598 dissolution may not be held before the first anniversary of the date
599599 of the most recent election to dissolve the district.
600600 Sec. 1121.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
601601 If a majority of the votes in an election under this subchapter
602602 favor dissolution, the board shall:
603603 (1) transfer the land, buildings, improvements,
604604 equipment, and other assets belonging to the district to Cameron
605605 County; or
606606 (2) administer the property, assets, and debts of the
607607 district until all money has been disposed of and all district debts
608608 have been paid or settled.
609609 (b) If the board makes the transfer under Subsection (a)(1),
610610 the county assumes all debts and obligations of the district at the
611611 time of the transfer and the district is dissolved.
612612 (c) If Subsection (a)(1) does not apply and the board
613613 administers the property, assets, and debts of the district under
614614 Subsection (a)(2), the district is dissolved when all money has
615615 been disposed of and all district debts have been paid or settled.
616616 Sec. 1121.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
617617 TAXES. (a) After the board determines that the district is
618618 dissolved, the board shall:
619619 (1) determine the debt owed by the district; and
620620 (2) impose on the property included in the district's
621621 tax rolls a tax that is in proportion of the debt to the property
622622 value.
623623 (b) On the payment of all outstanding debts and obligations
624624 of the district, the board shall order the secretary to return to
625625 each district taxpayer the taxpayer's pro rata share of all unused
626626 tax money.
627627 (c) A taxpayer may request that the taxpayer's share of
628628 surplus tax money be credited to the taxpayer's county taxes. If a
629629 taxpayer requests the credit, the board shall direct the secretary
630630 to transmit the funds to the tax assessor-collector for Cameron
631631 County.
632632 Sec. 1121.307. REPORT; DISSOLUTION ORDER. (a) After the
633633 district has paid all its debts and has disposed of all its money
634634 and other assets as prescribed by this subchapter, the board shall
635635 file a written report with the Cameron County Commissioners Court
636636 summarizing the board's actions in dissolving the district.
637637 (b) Not later than the 10th day after the date the Cameron
638638 County Commissioners Court receives the report and determines that
639639 the requirements of this subchapter have been fulfilled, the
640640 commissioners court shall enter an order dissolving the district
641641 and releasing the board from any further duty or obligation.
642642 SECTION 2. On the creation of the Cameron County Healthcare
643643 District, or as soon as practicable after the district is created,
644644 the Cameron County Commissioners Court shall transfer to the
645645 district all operating funds, and any funds held in reserve for
646646 operating expenses, that have been budgeted by the county to pay the
647647 costs associated with administering a county program to provide to
648648 residents of the district indigent health care assistance under
649649 Chapter 61, Health and Safety Code, during the fiscal year in which
650650 the district is created.
651651 SECTION 3. Proof of publication of the notice required to
652652 enact Chapter 1121, Special District Local Laws Code, as added by
653653 this Act, under the provisions of Section 9, Article IX, Texas
654654 Constitution, has been made in the manner and form provided by law
655655 pertaining to the enactment of local and special laws, and the
656656 notice is found and declared proper and sufficient to satisfy the
657657 requirement.
658658 SECTION 4. (a) Except as provided by Subsection (b) of this
659659 section, this Act takes effect immediately if it receives a vote of
660660 two-thirds of all the members elected to each house, as provided by
661661 Section 39, Article III, Texas Constitution.
662662 (b) If this Act does not receive the vote necessary for
663663 immediate effect:
664664 (1) this Act takes effect September 1, 2015; and
665665 (2) Section 1121.109, Special District Local Laws
666666 Code, as added by this Act, has no effect.