Texas 2015 - 84th Regular

Texas House Bill HB4212 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes (Senate Sponsor - Eltife) H.B. No. 4212
2		-	(In the Senate - Received from the House May 24, 2015;
3		-	May 24, 2015, read first time and referred to Committee on
4		-	Administration; May 26, 2015, reported favorably by the following
5		-	vote: Yeas 7, Nays 0; May 26, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4212
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	HancockX
12		-	UrestiX
13		-	CampbellX
14		-	EltifeX
15		-	HuffinesX
16		-	SchwertnerX
17		-	WestX
18		-	A BILL TO BE ENTITLED
19	4		AN ACT
20	5		relating to the creation of the Mineola Area Medical District;
21	6		granting the authority to impose a tax and issue bonds; granting the
22	7		power of eminent domain.
23	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
24	9		SECTION 1. Subtitle A, Title 3, Special District Local Laws
25	10		Code, is amended by adding Chapter 1120 to read as follows:
26	11		CHAPTER 1120. MINEOLA AREA MEDICAL DISTRICT
27	12		SUBCHAPTER A. GENERAL PROVISIONS
28	13		Sec. 1120.001. DEFINITIONS. In this chapter:
29	14		(1) "Board" means the board of directors of the
30	15		district.
31	16		(2) "Director" means a member of the board.
32	17		(3) "District" means the Mineola Area Medical
33	18		District.
34	19		Sec. 1120.002. DISTRICT AUTHORIZATION. The Mineola Area
35	20		Medical District may be created and, if created, operates and is
36	21		financed as a hospital district as provided by Section 9, Article
37	22		IX, Texas Constitution, and by this chapter.
38	23		Sec. 1120.003. ESSENTIAL PUBLIC FUNCTION. The district is
39	24		a public entity performing an essential public function.
40	25		Sec. 1120.004. DISTRICT TERRITORY. The boundaries of the
41	26		district are coextensive with the boundaries of the Mineola
42	27		Independent School District.
43	28		Sec. 1120.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
44	29		OBLIGATION. The state may not be obligated for the support or
45	30		maintenance of the district.
46	31		Sec. 1120.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
47	32		The legislature may not make a direct appropriation for the
48	33		construction, maintenance, or improvement of a district facility.
49	34		SUBCHAPTER A-1. TEMPORARY PROVISIONS
50	35		Sec. 1120.021. CREATION ELECTION; ORDERING ELECTION. (a)
51	36		The district may be created and a tax may be authorized only if the
52	37		creation and the tax are approved by a majority of the registered
53	38		voters of the territory of the proposed district voting at an
54	39		election called and held for that purpose.
55	40		(b) The Wood County Commissioners Court shall order an
56	41		election for the registered voters of the territory of the proposed
57	42		district on the question of creation of the Mineola Area Medical
58	43		District if the commissioners court receives a petition requesting
59	44		an election that is signed by at least 50 registered voters who are
60	45		residents of the territory of the proposed district.
61	46		(c) The order calling an election under this section must
62	47		state:
63	48		(1) the nature of the election, including the
64	49		proposition that is to appear on the ballot;
65	50		(2) the date of the election;
66	51		(3) the hours during which the polls will be open; and
67	52		(4) the location of the polling places.
68	53		(d) Section 41.001(a), Election Code, does not apply to an
69	54		election ordered under this section.
70	55		(e) The Wood County Commissioners Court shall give notice of
71	56		an election under this section by publishing a substantial copy of
72	57		the election order in a newspaper with general circulation in Wood
73	58		County once a week for two consecutive weeks. The first publication
74	59		must appear not later than the 30th day before the date set for the
75	60		election.
76	61		(f) The ballot for an election under this section must be
77	62		printed to permit voting for or against the proposition: "The
78	63		creation of the Mineola Area Medical District, providing for the
79	64		imposition of an ad valorem tax at a rate not to exceed 75 cents on
80	65		each $100 valuation on all taxable property in the district."
81	66		(g) The Wood County Commissioners Court shall find that the
82	67		Mineola Area Medical District is created if a majority of the voters
83	68		voting in the election held under this section favor the creation of
84	69		the district.
85	70		Sec. 1120.022. TEMPORARY DIRECTORS. (a) If the creation of
86	71		the district is approved at the election held under Section
87	72		1120.021, the Wood County Commissioners Court shall appoint nine
88	73		temporary directors to represent the district at large.
89	74		(b) Temporary directors serve until the date of the next
90	75		regular election of directors that occurs after the date of the
91	76		election held under Section 1120.021 and that allows sufficient
92	77		time to comply with other requirements of law.
93	78		(c) A vacancy on the temporary board of directors shall be
94	79		filled by appointment by the Wood County Commissioners Court.
95	80		(d) A person must be a qualified voter of the district to
96	81		serve as a temporary director.
97	82		(e) An employee of the district may not serve as a temporary
98	83		director.
99	84		Sec. 1120.023. TEMPORARY OFFICERS. (a) The temporary
100	85		board shall elect a president and a vice president from among the
101	86		temporary directors.
102	87		(b) The temporary board shall appoint a secretary, who need
103	88		not be a temporary director.
104	89		(c) The temporary board shall fill a vacancy in a board
105	90		office for the remainder of the unexpired term.
106	91		SUBCHAPTER B. DISTRICT ADMINISTRATION
107	92		Sec. 1120.051. BOARD ELECTION; TERM. (a) The board
108	93		consists of nine directors elected at large.
109	94		(b) An election shall be held each year on an authorized
110	95		uniform election date to elect the appropriate number of directors.
111	96		(c) Directors serve staggered two-year terms.
112	97		Sec. 1120.052. NOTICE. Notice of the directors' election
113	98		shall be published at least once in a newspaper with general
114	99		circulation in the district in accordance with Section 4.003(a),
115	100		Election Code.
116	101		Sec. 1120.053. QUALIFICATION FOR OFFICE. (a) To be
117	102		eligible to hold office on the board, a person must be:
118	103		(1) a resident of the district; and
119	104		(2) a qualified voter.
120	105		(b) An administrator or an employee of the district may not
121	106		serve as a director.
122	107		Sec. 1120.054. DIRECTOR'S BOND. (a) Before assuming the
123	108		duties of office, each director must execute a bond in the amount of
124	109		$5,000 payable to the district and conditioned on the faithful
125	110		performance of the director's duties.
126	111		(b) The bond shall be kept in the permanent records of the
127	112		district.
128	113		(c) The board may pay for a director's bond with district
129	114		money.
130	115		Sec. 1120.055. BOARD VACANCY. If a vacancy occurs in the
131	116		office of director, the remaining directors shall appoint a
132	117		director for the remainder of the unexpired term.
133	118		Sec. 1120.056. OFFICERS. (a) The board shall elect a
134	119		president and a vice president from among the directors.
135	120		(b) The board shall appoint a secretary, who need not be a
136	121		director.
137	122		(c) Each officer of the board serves a one-year term.
138	123		(d) The board shall fill a vacancy in a board office for the
139	124		remainder of the unexpired term.
140	125		Sec. 1120.057. COMPENSATION; REIMBURSEMENT. A director or
141	126		officer serves without compensation but may be reimbursed for
142	127		actual expenses incurred in the performance of official duties.
143	128		The expenses must be:
144	129		(1) reported in the district's records; and
145	130		(2) approved by the board.
146	131		Sec. 1120.058. VOTING REQUIREMENT. A concurrence of a
147	132		majority of the directors voting is necessary in matters relating
148	133		to district business.
149	134		Sec. 1120.059. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S
150	135		BOND. (a) The board may appoint a qualified person as district
151	136		administrator.
152	137		(b) The district administrator serves at the will of the
153	138		board.
154	139		(c) The district administrator is entitled to compensation
155	140		determined by the board.
156	141		(d) Before assuming the duties of district administrator,
157	142		the administrator must execute a bond payable to the district in an
158	143		amount not less than $5,000, as determined by the board,
159	144		conditioned on the faithful performance of the administrator's
160	145		duties.
161	146		(e) The board may pay for the bond with district money.
162	147		Sec. 1120.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
163	148		Subject to the limitations prescribed by the board, the district
164	149		administrator shall:
165	150		(1) supervise the work and activities of the district;
166	151		and
167	152		(2) direct the general affairs of the district.
168	153		Sec. 1120.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
169	154		(a) The board may appoint qualified persons as assistant district
170	155		administrator and attorney for the district.
171	156		(b) The assistant district administrator and attorney for
172	157		the district serve at the will of the board.
173	158		(c) The assistant district administrator and attorney for
174	159		the district are entitled to compensation determined by the board.
175	160		Sec. 1120.062. EMPLOYEES. (a) The district may employ
176	161		nurses, technicians, fiscal agents, accountants, architects,
177	162		additional attorneys, and other necessary employees.
178	163		(b) The board may delegate to the district administrator the
179	164		authority to employ persons for the district.
180	165		Sec. 1120.063. APPOINTMENT AND REMOVAL OF MEDICAL STAFF.
181	166		The board may:
182	167		(1) appoint to the medical staff any doctor the board
183	168		considers necessary for the efficient operation of the district;
184	169		(2) remove any doctor from the medical staff, after
185	170		due process, if the board considers the doctor's removal necessary
186	171		for the efficient operation of the district; and
187	172		(3) make temporary appointments to the medical staff
188	173		as the board considers necessary.
189	174		Sec. 1120.064. RETIREMENT BENEFITS. The board may provide
190	175		retirement benefits for district employees by:
191	176		(1) establishing or administering a retirement
192	177		program; or
193	178		(2) participating in:
194	179		(A) the Texas County and District Retirement
195	180		System; or
196	181		(B) another statewide retirement system in which
197	182		the district is eligible to participate.
198	183		SUBCHAPTER C. POWERS AND DUTIES
199	184		Sec. 1120.101. DISTRICT RESPONSIBILITY. The district has
200	185		full responsibility for operating hospital facilities and
201	186		providing medical and hospital care for the district's needy
202	187		residents.
203	188		Sec. 1120.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
204	189		The board shall manage, control, and administer the hospital system
205	190		and the money and resources of the district.
206	191		Sec. 1120.103. RULES. The board may adopt rules governing:
207	192		(1) the operation of the hospital and hospital system;
208	193		and
209	194		(2) the duties, functions, and responsibilities of
210	195		district staff and employees.
211	196		Sec. 1120.104. PURCHASING AND ACCOUNTING PROCEDURES. The
212	197		board may prescribe:
213	198		(1) the method of making purchases and expenditures by
214	199		and for the district; and
215	200		(2) accounting and control procedures for the
216	201		district.
217	202		Sec. 1120.105. PROVISION OF CERTAIN HEALTH SERVICES. (a)
218	203		The district may operate or provide for the operation of a mobile
219	204		emergency medical service.
220	205		(b) The district may operate or provide for home health
221	206		services, long-term care, skilled nursing care, intermediate
222	207		nursing care, or hospice care.
223	208		Sec. 1120.106. DISTRICT PROPERTY, FACILITIES, AND
224	209		EQUIPMENT. (a) The board shall determine:
225	210		(1) the type, number, and location of buildings
226	211		required to maintain an adequate hospital system; and
227	212		(2) the type of equipment necessary for hospital care.
228	213		(b) The board may:
229	214		(1) acquire property, facilities, and equipment for
230	215		the district for use in the hospital system;
231	216		(2) mortgage or pledge the property, facilities, or
232	217		equipment as security for payment of the purchase price;
233	218		(3) sell or otherwise dispose of property, facilities,
234	219		or equipment for the district; or
235	220		(4) lease hospital facilities for the district.
236	221		Sec. 1120.107. OPERATING AND MANAGEMENT CONTRACTS. The
237	222		board may enter into operating or management contracts relating to
238	223		hospital facilities for the district.
239	224		Sec. 1120.108. SERVICE CONTRACTS. (a) The board may
240	225		contract with a public or private hospital, a political subdivision
241	226		of the state, or a state or federal agency for the district to
242	227		provide a mobile emergency medical service or other health care
243	228		services needed to provide for the investigatory or welfare needs
244	229		of residents of the district.
245	230		(b) The board may contract with a person to receive or
246	231		supply the services the board considers necessary for the effective
247	232		operation of the district.
248	233		Sec. 1120.109. EMINENT DOMAIN. (a) The district may
249	234		exercise the power of eminent domain to acquire a fee simple or
250	235		other interest in property located in district territory if the
251	236		interest is necessary for the district to exercise the rights or
252	237		authority conferred by this chapter.
253	238		(b) The district must exercise the power of eminent domain
254	239		in the manner provided by Chapter 21, Property Code, except that the
255	240		district is not required to deposit with the trial court money or a
256	241		bond as provided by Section 21.021(a), Property Code.
257	242		(c) In a condemnation proceeding brought by the district,
258	243		the district is not required to:
259	244		(1) pay in advance or provide bond or other security
260	245		for costs in the trial court;
261	246		(2) provide bond for the issuance of a temporary
262	247		restraining order or a temporary injunction; or
263	248		(3) provide a bond for costs or a supersedeas bond on
264	249		an appeal or petition for review.
265	250		Sec. 1120.110. COST OF RELOCATING OR ALTERING PROPERTY. In
266	251		exercising the power of eminent domain, if the board requires
267	252		relocating, raising, lowering, rerouting, changing the grade, or
268	253		altering the construction of any railroad, highway, pipeline, or
269	254		electric transmission and electric distribution, telegraph, or
270	255		telephone line, conduit, pole, or facility, the district shall pay
271	256		the actual cost of that activity to provide a comparable
272	257		replacement, without enhancement of facilities, after deducting
273	258		the net salvage value derived from the old facility.
274	259		Sec. 1120.111. GIFTS AND ENDOWMENTS. The board may accept
275	260		for the district a gift or endowment to be held in trust for any
276	261		purpose and under any direction, limitation, or provision in
277	262		writing by the donor that is consistent with the proper management
278	263		of the district.
279	264		Sec. 1120.112. PAYMENT FOR TREATMENT; PROCEDURES. (a)
280	265		When a person who resides in the district is admitted as a patient
281	266		to a district facility, the district administrator may have an
282	267		inquiry made into the financial circumstances of:
283	268		(1) the patient; and
284	269		(2) a relative of the patient who is legally
285	270		responsible for the patient's support.
286	271		(b) To the extent that the patient or a relative of the
287	272		patient who is legally responsible for the patient's support cannot
288	273		pay for care and treatment provided by the district, the district
289	274		shall supply the care and treatment without charging the patient or
290	275		the patient's relative.
291	276		(c) On determining that the patient or a relative legally
292	277		responsible for the patient's support can pay for all or part of the
293	278		care and treatment provided by the district, the district
294	279		administrator shall report that determination to the board, and the
295	280		board shall issue an order directing the patient or the relative to
296	281		pay the district a specified amount each week. The amount must be
297	282		based on the person's ability to pay.
298	283		(d) The district administrator may collect money owed to the
299	284		district from the patient's estate or from that of a relative
300	285		legally responsible for the patient's support in the manner
301	286		provided by law for the collection of expenses in the last illness
302	287		of a deceased person.
303	288		(e) If there is a dispute relating to a person's ability to
304	289		pay or if the district administrator has any doubt concerning a
305	290		person's ability to pay, the board shall call witnesses, hear and
306	291		resolve the question, and issue a final order. The order may be
307	292		appealed to a district court in any county in which the district is
308	293		located. The substantial evidence rule applies to an appeal under
309	294		this subsection.
310	295		Sec. 1120.113. REIMBURSEMENT FOR SERVICES. (a) The board
311	296		shall require a county, municipality, or public hospital located
312	297		outside of the district to reimburse the district for the
313	298		district's care and treatment of a sick or injured person of that
314	299		county, municipality, or hospital, as provided by Chapter 61,
315	300		Health and Safety Code.
316	301		(b) The board shall require the sheriff of Wood County to
317	302		reimburse the district for the district's care and treatment of a
318	303		person who is confined in a jail facility of Wood County and is not a
319	304		resident of the district.
320	305		(c) On behalf of the district, the board may contract with
321	306		the state or federal government for that government to reimburse
322	307		the district for treatment of a sick or injured person.
323	308		Sec. 1120.114. AUTHORITY TO SUE AND BE SUED. The board may
324	309		sue and be sued on behalf of the district.
325	310		Sec. 1120.115. CONSTRUCTION CONTRACTS; ADVERTISING FOR
326	311		CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a
327	312		construction contract on the district's behalf.
328	313		(b) The board may enter into a construction contract only
329	314		after competitive bidding as provided by Subchapter B, Chapter 271,
330	315		Local Government Code, if the amount of the contract is greater than
331	316		the amount provided by Section 271.024 of that code.
332	317		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
333	318		Sec. 1120.151. BUDGET. (a) The district administrator
334	319		shall prepare a proposed annual budget for the district.
335	320		(b) The proposed budget must contain a complete financial
336	321		statement, including a statement of:
337	322		(1) the outstanding obligations of the district;
338	323		(2) the amount of cash on hand to the credit of each
339	324		fund of the district;
340	325		(3) the amount of money received by the district from
341	326		all sources during the previous year;
342	327		(4) the amount of money available to the district from
343	328		all sources during the ensuing year;
344	329		(5) the amount of the balances expected at the end of
345	330		the year in which the budget is being prepared;
346	331		(6) the estimated amount of revenues and balances
347	332		available to cover the proposed budget; and
348	333		(7) the estimated tax rate required.
349	334		Sec. 1120.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
350	335		The board shall hold a public hearing on the proposed budget.
351	336		(b) The board shall publish notice of the hearing in a
352	337		newspaper with general circulation in the district not later than
353	338		the 10th day before the date of the hearing.
354	339		(c) Any district resident is entitled to be present and
355	340		participate at the hearing.
356	341		(d) At the conclusion of the hearing, the board shall adopt
357	342		a budget by acting on the budget proposed by the district
358	343		administrator. The board may make a change in the proposed budget
359	344		that the board determines to be in the interests of the taxpayers.
360	345		(e) The budget is effective only after adoption by the
361	346		board.
362	347		Sec. 1120.153. AMENDMENT OF BUDGET. After the budget is
363	348		adopted, the budget may be amended on the board's approval.
364	349		Sec. 1120.154. FISCAL YEAR. (a) The district operates
365	350		according to a fiscal year established by the board.
366	351		(b) The fiscal year may not be changed:
367	352		(1) during a period in which revenue bonds of the
368	353		district are outstanding; or
369	354		(2) more than once in a 24-month period.
370	355		Sec. 1120.155. ANNUAL AUDIT. The board shall have an annual
371	356		audit made of the financial condition of the district.
372	357		Sec. 1120.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
373	358		RECORDS. The annual audit and other district records are open to
374	359		inspection during regular business hours at the principal office of
375	360		the district.
376	361		Sec. 1120.157. FINANCIAL REPORT. As soon as practicable
377	362		after the close of each fiscal year, the district administrator
378	363		shall prepare for the board a sworn statement of the amount of
379	364		district money and an account of the disbursement of that money.
380	365		Sec. 1120.158. DEBT LIMITATION. Except as provided by this
381	366		chapter and Chapter 1207, Government Code, the district may not
382	367		incur a debt payable from district revenue other than revenue
383	368		available in the current fiscal year and the immediately following
384	369		fiscal year of the district.
385	370		Sec. 1120.159. DEPOSITORY. (a) The board shall select at
386	371		least one bank to serve as a depository for district money.
387	372		(b) The board may solicit bids from local financial
388	373		institutions to determine which institution may serve as a
389	374		depository for district money.
390	375		(c) District money, other than money invested as provided by
391	376		Section 1120.160 and money transmitted to a bank for payment of
392	377		bonds or obligations issued or assumed by the district, shall be
393	378		deposited as received with the depository bank and shall remain on
394	379		deposit. This subsection does not limit the board's power to place
395	380		part of the district's money on time deposit or to purchase
396	381		certificates of deposit.
397	382		Sec. 1120.160. RESTRICTION ON INVESTMENT. The board may
398	383		invest operating, depreciation, or building reserves only in funds
399	384		or securities specified by Chapter 2256, Government Code.
400	385		SUBCHAPTER E. BONDS
401	386		Sec. 1120.201. GENERAL OBLIGATION BONDS. If authorized by
402	387		an election, the board may issue and sell general obligation bonds
403	388		in the name and on the faith and credit of the district to:
404	389		(1) purchase, construct, acquire, repair, or renovate
405	390		buildings or improvements;
406	391		(2) equip buildings or improvements for hospital
407	392		purposes; or
408	393		(3) acquire and operate a mobile emergency medical
409	394		service.
410	395		Sec. 1120.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
411	396		the time general obligation bonds are issued by the district under
412	397		Section 1120.201, the board shall impose an ad valorem tax in an
413	398		amount sufficient to create an interest and sinking fund to pay the
414	399		principal of and interest on the bonds as the bonds mature.
415	400		(b) The tax required by this section together with any other
416	401		tax the district imposes in any year may not exceed the limit
417	402		approved by the voters at the election authorizing the imposition
418	403		of taxes.
419	404		Sec. 1120.203. GENERAL OBLIGATION BOND ELECTION. (a) The
420	405		district may issue general obligation bonds only if the bonds are
421	406		authorized by a majority of the voters voting in an election held
422	407		for that purpose.
423	408		(b) The board may order a bond election. The order calling
424	409		the election must specify:
425	410		(1) the nature and date of the election;
426	411		(2) the hours during which the polls will be open;
427	412		(3) the location of polling places;
428	413		(4) the amounts of the bonds to be authorized; and
429	414		(5) the maximum maturity of the bonds.
430	415		(c) Notice of a bond election must be given as provided by
431	416		Chapter 1251, Government Code.
432	417		(d) The board shall declare the results of the election.
433	418		Sec. 1120.204. REVENUE BONDS. (a) The board may issue
434	419		revenue bonds to:
435	420		(1) acquire, purchase, construct, repair, renovate,
436	421		or equip buildings or improvements for hospital purposes;
437	422		(2) acquire sites to be used for hospital purposes; or
438	423		(3) acquire and operate a mobile emergency medical
439	424		service to assist the district in carrying out its hospital
440	425		purposes.
441	426		(b) The bonds must be payable from and secured by a pledge of
442	427		all or part of the revenues derived from the operation of the
443	428		district's hospital system.
444	429		(c) The bonds may be additionally secured by a mortgage or
445	430		deed of trust lien on all or part of the district property.
446	431		(d) The bonds must be issued in the manner provided by
447	432		Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
448	433		Health and Safety Code, for issuance of revenue bonds by county
449	434		hospital authorities.
450	435		Sec. 1120.205. MATURITY. District bonds must mature not
451	436		later than 40 years after the date of their issuance.
452	437		Sec. 1120.206. EXECUTION OF BONDS. (a) The board president
453	438		shall execute district bonds in the district's name.
454	439		(b) The board secretary shall countersign the bonds in the
455	440		manner provided by Chapter 618, Government Code.
456	441		Sec. 1120.207. BONDS NOT SUBJECT TO TAXATION. The
457	442		following are not subject to taxation by the state or by a political
458	443		subdivision of the state:
459	444		(1) bonds issued by the district;
460	445		(2) any transaction relating to the bonds; and
461	446		(3) profits made in the sale of the bonds.
462	447		SUBCHAPTER F. AD VALOREM TAX
463	448		Sec. 1120.251. IMPOSITION OF AD VALOREM TAX. (a) The board
464	449		shall impose a tax on all property in the district subject to
465	450		hospital district taxation.
466	451		(b) The tax may be used to pay:
467	452		(1) indebtedness issued or assumed by the district;
468	453		and
469	454		(2) the maintenance and operating expenses of the
470	455		district.
471	456		(c) The district may not impose a tax to pay the principal of
472	457		or interest on revenue bonds issued under this chapter.
473	458		Sec. 1120.252. TAX RATE. (a) The tax rate on all taxable
474	459		property in the district for all purposes may not exceed 75 cents on
475	460		each $100 valuation of the property according to the most recent
476	461		certified tax appraisal roll of the district.
477	462		(b) In setting the tax rate, the board shall consider
478	463		district income from sources other than taxation.
479	464		Sec. 1120.253. TAX ASSESSOR-COLLECTOR. The board may
480	465		provide for the appointment of a tax assessor-collector for the
481	466		district or may contract for the assessment and collection of taxes
482	467		as provided by the Tax Code.
483	468		SUBCHAPTER G. DISSOLUTION
484	469		Sec. 1120.301. DISSOLUTION; ELECTION. (a) The district
485	470		may be dissolved only on approval of a majority of the voters voting
486	471		in an election held for that purpose.
487	472		(b) The board may order an election on the question of
488	473		dissolving the district and disposing of the district's assets and
489	474		obligations.
490	475		(c) The board shall order an election if the board receives
491	476		a petition requesting an election that is signed by at least 15
492	477		percent of the district's registered voters.
493	478		(d) The order calling the election must state:
494	479		(1) the nature of the election, including the
495	480		proposition that is to appear on the ballot;
496	481		(2) the date of the election;
497	482		(3) the hours during which the polls will be open; and
498	483		(4) the location of the polling places.
499	484		(e) Section 41.001(a), Election Code, does not apply to an
500	485		election ordered under this section.
501	486		Sec. 1120.302. NOTICE OF ELECTION. (a) The board shall
502	487		give notice of an election under this subchapter by publishing a
503	488		substantial copy of the election order in a newspaper with general
504	489		circulation in the district once a week for two consecutive weeks.
505	490		(b) The first publication must appear not later than the
506	491		30th day before the date set for the election.
507	492		Sec. 1120.303. BALLOT. The ballot for an election under
508	493		this subchapter must be printed to permit voting for or against the
509	494		proposition: "The dissolution of the Mineola Area Medical
510	495		District."
511	496		Sec. 1120.304. ELECTION RESULTS. (a) If a majority of the
512	497		votes in an election under this subchapter favor dissolution, the
513	498		board shall order that the district be dissolved.
514	499		(b) If a majority of the votes in an election under this
515	500		subchapter do not favor dissolution, the board shall continue to
516	501		administer the district, and another election on the question of
517	502		dissolution may not be held before the first anniversary of the date
518	503		of the most recent election to dissolve the district.
519	504		Sec. 1120.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
520	505		If a majority of the votes in an election under this subchapter
521	506		favor dissolution, the board shall:
522	507		(1) transfer the land, buildings, improvements,
523	508		equipment, and other assets belonging to the district to Wood
524	509		County or another governmental entity in Wood County; or
525	510		(2) administer the property, assets, and debts of the
526	511		district until all money has been disposed of and all district debts
527	512		have been paid or settled.
528	513		(b) If the board makes the transfer under Subsection (a)(1),
529	514		the county or entity assumes all debts and obligations of the
530	515		district at the time of the transfer and the district is dissolved.
531	516		(c) If Subsection (a)(1) does not apply and the board
532	517		administers the property, assets, and debts of the district under
533	518		Subsection (a)(2), the district is dissolved when all money has
534	519		been disposed of and all district debts have been paid or settled.
535	520		Sec. 1120.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
536	521		TAXES. (a) After the board determines that the district is
537	522		dissolved, the board shall:
538	523		(1) determine the debt owed by the district; and
539	524		(2) impose on the property included in the district's
540	525		tax rolls a tax that is in proportion of the debt to the property
541	526		value.
542	527		(b) On the payment of all outstanding debts and obligations
543	528		of the district, the board shall order the secretary to return to
544	529		each district taxpayer the taxpayer's pro rata share of all unused
545	530		tax money.
546	531		(c) A taxpayer may request that the taxpayer's share of
547	532		surplus tax money be credited to the taxpayer's county taxes. If a
548	533		taxpayer requests the credit, the board shall direct the secretary
549	534		to transmit the funds to the tax assessor-collector for the county
550	535		in which the taxpayer resides.
551	536		Sec. 1120.307. REPORT; DISSOLUTION ORDER. (a) After the
552	537		district has paid all its debts and has disposed of all its money
553	538		and other assets as prescribed by this subchapter, the board shall
554	539		file a written report with the Wood County Commissioners Court
555	540		summarizing the board's actions in dissolving the district.
556	541		(b) Not later than the 10th day after the date the Wood
557	542		County Commissioners Court receives the report and determines that
558	543		the requirements of this subchapter have been fulfilled, the
559	544		commissioners court shall enter an order dissolving the district
560	545		and releasing the board from any further duty or obligation.
561	546		SECTION 2. (a) The members of the board of directors of the
562	547		Mineola Area Medical District elected at the first election held
563	548		under Section 1120.051, Special District Local Laws Code, as added
564	549		by this Act, shall draw lots to determine which five directors serve
565	550		a two-year term and which four directors serve a one-year term.
566	551		(b) Successor directors shall serve two-year terms.
567	552		SECTION 3. (a) Except as provided by Subsection (b) of this
568	553		section, this Act takes effect immediately if it receives a vote of
569	554		two-thirds of all the members elected to each house, as provided by
570	555		Section 39, Article III, Texas Constitution.
571	556		(b) If this Act does not receive the vote necessary for
572	557		immediate effect:
573	558		(1) this Act takes effect September 1, 2015; and
574	559		(2) Section 1120.109, Special District Local Laws
575	560		Code, as added by this Act, has no effect.
576		-	* * * * *
	561	+	______________________________ ______________________________
	562	+	President of the Senate Speaker of the House
	563	+	I certify that H.B. No. 4212 was passed by the House on May
	564	+	22, 2015, by the following vote: Yeas 138, Nays 2, 2 present, not
	565	+	voting.
	566	+	______________________________
	567	+	Chief Clerk of the House
	568	+	I certify that H.B. No. 4212 was passed by the Senate on May
	569	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	570	+	______________________________
	571	+	Secretary of the Senate
	572	+	APPROVED: _____________________
	573	+	Date
	574	+	_____________________
	575	+	Governor