Texas 2015 - 84th Regular

Texas Senate Bill SB626 Compare Versions

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1	1	By: Hinojosa, Lucio S.B. No. 626
2	2	(In the Senate - Filed February 18, 2015; February 23, 2015,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; April 23, 2015, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; April 23, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the Hidalgo County Healthcare District; decreasing the
12	12	possible maximum rate of a tax.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Chapter 1122, Special District
15	15	Local Laws Code, is amended to read as follows:
16	16	CHAPTER 1122. HIDALGO COUNTY HEALTHCARE [HOSPITAL] DISTRICT
17	17	SECTION 2. Section 1122.001(3), Special District Local Laws
18	18	Code, is amended to read as follows:
19	19	(3) "District" means the Hidalgo County Healthcare
20	20	[Hospital] District.
21	21	SECTION 3. Section 1122.002, Special District Local Laws
22	22	Code, is amended to read as follows:
23	23	Sec. 1122.002. DISTRICT AUTHORIZATION. The Hidalgo County
24	24	Healthcare [Hospital] District may be created and, if created,
25	25	operates and is financed as a hospital district as provided by
26	26	Section 9, Article IX, Texas Constitution, and by this chapter.
27	27	SECTION 4. Sections 1122.021(b), (f), and (g), Special
28	28	District Local Laws Code, are amended to read as follows:
29	29	(b) The Hidalgo County Commissioners Court shall order an
30	30	election for the registered voters of Hidalgo County on the
31	31	question of creation of the Hidalgo County Healthcare [Hospital]
32	32	District if the commissioners court receives a petition requesting
33	33	an election that is signed by at least 50 registered voters who are
34	34	residents of Hidalgo County.
35	35	(f) The ballot for an election under this section must be
36	36	printed to permit voting for or against the proposition: "The
37	37	creation of the Hidalgo County Healthcare [Hospital] District,
38	38	providing for the imposition of an ad valorem tax at a rate not to
39	39	exceed 25 [75] cents on each $100 valuation on all taxable property
40	40	in the district. The initial ad valorem tax shall be imposed at the
41	41	rate of ______ (insert amount) cents on the $100 valuation of all
42	42	taxable property in the district. District funds shall be used for
43	43	district purposes, including improving health care services for
44	44	residents of Hidalgo County, supporting the School of Medicine at
45	45	The University of Texas Rio Grande Valley, training physicians,
46	46	nurses, and other health care professionals, obtaining federal or
47	47	state funds for health care services, and providing community
48	48	health clinics, primary care services, behavioral and mental health
49	49	care services, and prevention and wellness programs."
50	50	(g) The Hidalgo County Commissioners Court shall find that
51	51	the Hidalgo County Healthcare [Hospital] District is created if a
52	52	majority of the voters voting in the election held under this
53	53	section favor the creation of the district.
54	54	SECTION 5. Section 1122.051, Special District Local Laws
55	55	Code, is amended to read as follows:
56	56	Sec. 1122.051. DIRECTORS; TERM. (a) If the creation of
57	57	the district is approved at the election held under Section
58	58	1122.021, the district shall be governed by a [nine-member] board
59	59	of nine directors, appointed as follows:
60	60	(1) the county judge of Hidalgo County shall appoint
61	61	one director;
62	62	(2) each county commissioner serving on the Hidalgo
63	63	County Commissioners Court shall appoint one director [four
64	64	directors]; and
65	65	(3) [(2)] the governing bodies [body] of the four most
66	66	populous municipalities located [municipality with the largest
67	67	population] in Hidalgo County shall each appoint one director [two
68	68	directors;
69	69	[(3) the governing body of the municipality with the
70	70	second largest population in Hidalgo County shall appoint one
71	71	director;
72	72	[(4) the governing body of a municipality with the
73	73	third largest population in Hidalgo County shall appoint one
74	74	director; and
75	75	[(5) the governing body of a municipality with the
76	76	fourth largest population in Hidalgo County shall appoint one
77	77	director].
78	78	(b) Directors serve staggered three-year [four-year] terms,
79	79	with three [as near as possible to one-fourth of the] directors'
80	80	terms expiring each year. The [terms of the] initial directors
81	81	appointed under this section shall draw lots as follows to
82	82	determine [are as follows]:
83	83	(1) for the directors appointed by the governing
84	84	bodies of the municipalities in Hidalgo County described by
85	85	Subsection (a), [shall draw lots to determine] which director
86	86	serves [two directors serve] a one-year term, which two directors
87	87	serve [director serves] a two-year term, and which director serves
88	88	a three-year term[, and which director serves a four-year term];
89	89	and
90	90	(2) for the directors appointed by the Hidalgo County
91	91	Commissioners Court, including the director appointed by the county
92	92	judge of Hidalgo County, [shall draw lots to determine] which two
93	93	directors serve [director serves] a one-year term, which director
94	94	serves a two-year term, and which two directors serve [director
95	95	serves] a three-year term[, and which director serves a four-year
96	96	term].
97	97	(c) On expiration of the initial directors' terms,
98	98	successor directors shall be appointed for a three-year term by the
99	99	person or governing body that appointed the initial director.
100	100	(d) A director may not serve more than three [two]
101	101	consecutive three-year [four-year] terms.
102	102	SECTION 6. Section 1122.052, Special District Local Laws
103	103	Code, is amended to read as follows:
104	104	Sec. 1122.052. QUALIFICATIONS. The Hidalgo County
105	105	Commissioners Court shall by order provide for the qualifications
106	106	of appointees to the board. The qualifications must provide that a
107	107	person is not eligible for appointment to the board if the person
108	108	is:
109	109	(1) an employee of Hidalgo County;
110	110	(2) an employee of a municipality located in the
111	111	district;
112	112	(3) a district employee; or
113	113	(4) [(3)] related within the third degree of
114	114	consanguinity or affinity, as determined under Subchapter B,
115	115	Chapter 573, Government Code, to a member of the Commissioners
116	116	Court of Hidalgo County, to a member of the governing body of a
117	117	municipality located in the district, [commissioners court] or to a
118	118	person described by Subdivision (1), [or] (2), or (3).
119	119	SECTION 7. Section 1122.056, Special District Local Laws
120	120	Code, is amended to read as follows:
121	121	Sec. 1122.056. BOARD VACANCY. A [If a] vacancy [occurs] in
122	122	the office of director[, the remaining directors] shall be filled
123	123	[appoint a director] for the remainder of the unexpired term by
124	124	appointment by the person or governing body that appointed the
125	125	vacating director.
126	126	SECTION 8. Sections 1122.101, 1122.102, 1122.103, and
127	127	1122.106, Special District Local Laws Code, are amended to read as
128	128	follows:
129	129	Sec. 1122.101. DISTRICT RESPONSIBILITY. The district has
130	130	full responsibility for operating hospital facilities and
131	131	providing medical and hospital care for the district's indigent
132	132	[needy] residents as required under this chapter, another
133	133	applicable statute, and the constitution of this state.
134	134	Sec. 1122.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
135	135	The board shall manage, control, and administer the district
136	136	[hospital system] and the money and resources of the district.
137	137	Sec. 1122.103. RULES. The board may adopt rules governing:
138	138	(1) the operation of the district and any district
139	139	hospital [and hospital system]; and
140	140	(2) the duties, functions, and responsibilities of
141	141	district staff and employees.
142	142	Sec. 1122.106. DISTRICT PROPERTY, FACILITIES, AND
143	143	EQUIPMENT. (a) The board shall determine:
144	144	(1) the type, number, and location of buildings
145	145	required to maintain an adequate health care district [hospital
146	146	system]; and
147	147	(2) the type of equipment necessary to provide medical
148	148	[for hospital] care in the district.
149	149	(b) The board may:
150	150	(1) acquire property, facilities, and equipment for
151	151	use by the district [for use in the hospital system];
152	152	(2) mortgage or pledge the property, facilities, or
153	153	equipment as security for payment of the purchase price;
154	154	(3) sell or otherwise dispose of property, facilities,
155	155	or equipment for the district; or
156	156	(4) lease hospital facilities for the district.
157	157	SECTION 9. Section 1122.151(a), Special District Local Laws
158	158	Code, is amended to read as follows:
159	159	(a) The board and the district administrator shall jointly
160	160	prepare a proposed annual budget for the district.
161	161	SECTION 10. Sections 1122.152(d) and (e), Special District
162	162	Local Laws Code, are amended to read as follows:
163	163	(d) At the conclusion of the hearing, the board shall adopt
164	164	a budget by acting on the proposed budget [proposed by the district
165	165	administrator]. The board may make a change in the proposed budget
166	166	that the board determines to be in the interests of the taxpayers.
167	167	(e) The budget is effective only after:
168	168	(1) adoption by the board; and
169	169	(2) approval by the Hidalgo County Commissioners
170	170	Court.
171	171	SECTION 11. Section 1122.153, Special District Local Laws
172	172	Code, is amended to read as follows:
173	173	Sec. 1122.153. AMENDMENT OF BUDGET. After the budget is
174	174	adopted, the budget may be amended if the proposed amendment is:
175	175	(1) adopted by the board; and
176	176	(2) approved by the Hidalgo County Commissioners Court
177	177	[on the board's approval].
178	178	SECTION 12. Section 1122.201, Special District Local Laws
179	179	Code, is amended to read as follows:
180	180	Sec. 1122.201. GENERAL OBLIGATION BONDS. If authorized by
181	181	an election, the board may issue and sell general obligation bonds
182	182	in the name and on the faith and credit of the district to:
183	183	(1) purchase, construct, acquire, repair, or renovate
184	184	buildings or improvements;
185	185	(2) equip buildings or improvements for district
186	186	[hospital] purposes; or
187	187	(3) acquire and operate a mobile emergency medical
188	188	service.
189	189	SECTION 13. Sections 1122.204(a) and (b), Special District
190	190	Local Laws Code, are amended to read as follows:
191	191	(a) The board may issue revenue bonds to:
192	192	(1) acquire, purchase, construct, repair, renovate,
193	193	or equip buildings or improvements for district [hospital]
194	194	purposes;
195	195	(2) acquire sites to be used for district [hospital]
196	196	purposes; or
197	197	(3) acquire and operate a mobile emergency medical
198	198	service to assist the district in carrying out its [hospital]
199	199	purposes.
200	200	(b) The bonds must be payable from and secured by a pledge of
201	201	all or part of the revenues derived from the operation of the
202	202	district [district's hospital system].
203	203	SECTION 14. Section 1122.251(a), Special District Local
204	204	Laws Code, is amended to read as follows:
205	205	(a) The board shall impose a tax on all property in the
206	206	district subject to [hospital district] taxation by the district.
207	207	SECTION 15. The heading to Section 1122.252, Special
208	208	District Local Laws Code, is amended to read as follows:
209	209	Sec. 1122.252. LIMITATION ON TAX RATE.
210	210	SECTION 16. Section 1122.252(a), Special District Local
211	211	Laws Code, is amended to read as follows:
212	212	(a) Unless a higher rate is approved at an election held as
213	213	provided by Section 1122.2521, the [The] tax rate on all taxable
214	214	property in the district for all purposes may not exceed 25 [75]
215	215	cents on each $100 valuation of the property according to the most
216	216	recent certified tax appraisal roll of the district.
217	217	SECTION 17. Subchapter F, Chapter 1122, Special District
218	218	Local Laws Code, is amended by adding Sections 1122.2521,
219	219	1122.2522, 1122.2523, and 1122.2524 to read as follows:
220	220	Sec. 1122.2521. ELECTION REQUIRED TO INCREASE TAX RATE.
221	221	(a) The board may order an election to increase the district's
222	222	maximum ad valorem tax rate to a rate greater than the maximum rate
223	223	provided by Section 1122.252.
224	224	(b) The ballot for an election held under this section must
225	225	be printed to permit voting for or against the proposition: "The
226	226	imposition of taxes by the Hidalgo County Healthcare District for
227	227	district purposes at a rate not to exceed ____ (insert amount) cents
228	228	on the $100 valuation of all property in the district."
229	229	(c) The board may impose taxes at the rate authorized by the
230	230	proposition if a majority of voters voting at an election held under
231	231	this section favor the proposition.
232	232	(d) This section does not authorize the board to impose
233	233	taxes at a rate that exceeds the maximum ad valorem tax rate
234	234	authorized by Section 9, Article IX, Texas Constitution.
235	235	(e) Section 41.001(a), Election Code, does not apply to an
236	236	election ordered under this section.
237	237	Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE.
238	238	(a) If in any year the board adopts a tax rate that exceeds the
239	239	rollback tax rate calculated as provided by Chapter 26, Tax Code,
240	240	the qualified voters of the district by petition may require that an
241	241	election be held to determine whether or not to reduce the tax rate
242	242	adopted by the board for that year to the rollback tax rate.
243	243	(b) To the extent a conflict exists between this section and
244	244	a provision of the Tax Code, the provision of the Tax Code prevails.
245	245	Sec. 1122.2523. RESIDENCE HOMESTEAD TAX PROVISIONS
246	246	APPLICABLE. (a) The board shall ensure that all district
247	247	residents receive all ad valorem tax exemptions and limitations
248	248	that the residents are entitled to receive under the constitution
249	249	and the Tax Code, including the exemption of the total appraised
250	250	value of the residence homestead of a fully disabled veteran or the
251	251	disabled veteran's surviving spouse required by Section 11.131, Tax
252	252	Code.
253	253	(b) The board shall adopt an exemption from ad valorem
254	254	taxation by the district of a portion of the appraised value of a
255	255	district resident's residence homestead as provided by Section
256	256	11.13(d), Tax Code. Unless the board specifies a larger amount as
257	257	provided by Section 11.13(e), Tax Code, the amount of the exemption
258	258	required to be adopted by the board under this subsection is $3,000
259	259	of the appraised value of a district resident's residence
260	260	homestead. Section 11.13(f), Tax Code, applies to an exemption
261	261	adopted by the board under this subsection.
262	262	Sec. 1122.2524. PROHIBITION ON PARTICIPATION IN TAX
263	263	INCREMENT FUND. The district may not enter into an agreement to
264	264	participate in a reinvestment zone designated by a municipality or
265	265	a county under Chapter 311, Tax Code.
266	266	SECTION 18. Section 1122.303, Special District Local Laws
267	267	Code, is amended to read as follows:
268	268	Sec. 1122.303. BALLOT. The ballot for an election under
269	269	this subchapter must be printed to permit voting for or against the
270	270	proposition: "The dissolution of the Hidalgo County Healthcare
271	271	[Hospital] District."
272	272	SECTION 19. On the creation of the Hidalgo County
273	273	Healthcare District, or as soon as practicable after the district
274	274	is created, the Commissioners Court of Hidalgo County shall
275	275	transfer to the district all operating funds, and any funds held in
276	276	reserve for operating expenses, that have been budgeted by the
277	277	county to pay the costs associated with administering a county
278	278	program to provide to residents of the district indigent health
279	279	care assistance under Chapter 61, Health and Safety Code, during
280	280	the fiscal year in which the district is created.
281	281	SECTION 20. This Act takes effect immediately if it
282	282	receives a vote of two-thirds of all the members elected to each
283	283	house, as provided by Section 39, Article III, Texas Constitution.
284	284	If this Act does not receive the vote necessary for immediate
285	285	effect, this Act takes effect September 1, 2015.
286	286	* * * * *