By: King of Uvalde (Senate Sponsor - Uresti) H.B. No. 4279
(In the Senate - Received from the House April 24, 2017;
May 3, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 12, 2017, reported favorably by
the following vote: Yeas 6, Nays 0; May 12, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to expansion of the territory of the Frio Hospital
District and to the election of the board of directors of the
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1030.004, Special District Local Laws
Code, is amended to read as follows:
Sec. 1030.004. DISTRICT TERRITORY. Unless the district's
boundaries are expanded under Subchapter H, the [The] boundaries of
the district are coextensive with the boundaries of Frio County,
Texas, except that a portion of the southern boundary follows the
boundary of the Frio River beginning at the intersection of the
south county line and the Frio River to the point at which the
boundary intersects the Leona River and follows the Leona River to
the west county line.
SECTION 2. Sections 1030.051(a) and (b), Special District
Local Laws Code, are amended to read as follows:
(a) Unless the district's boundaries are expanded under
Subchapter H, the [The] district is governed by a board of seven
directors.
(b) Unless the district's boundaries are expanded under
Subchapter H:
(1) two [Two] directors are elected from each
commissioners precinct and one director is elected from the
district at large; and
(2) the [. The] portion of Precinct 4 that is in the
district is combined with Precinct 1 to represent one precinct.
SECTION 3. Section 1030.052, Special District Local Laws
Code, is amended to read as follows:
Sec. 1030.052. NOTICE OF ELECTION. Notice [At least 35 days
before the date] of an election of directors[, notice of the
election] shall be published in accordance with Section 4.003,
Election Code [one time in a newspaper with general circulation in
the district].
SECTION 4. Section 1030.053, Special District Local Laws
Code, is amended to read as follows:
Sec. 1030.053. BALLOT APPLICATION [PETITION]. A person who
wants to have the person's name printed on the ballot as a candidate
for director must file with the board secretary an application in
accordance with Chapter 144, Election Code [a petition requesting
that action. The petition must:
[(1) be signed by at least 10 registered voters of the
district as determined by the most recent official list of
registered voters;
[(2) be filed not later than the 31st day before the
date of the election; and
[(3) specify the commissioners precinct the candidate
wants to represent or specify that the candidate wants to represent
the district at large].
SECTION 5. Chapter 1030, Special District Local Laws Code,
is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. EXPANSION OF TERRITORY TO INCLUDE ALL OF FRIO COUNTY
Sec. 1030.351. PETITION TO EXPAND DISTRICT TERRITORY. (a)
Registered voters of a defined territory composed of all territory
within Frio County that does not include the territory of the
district may file a petition with the board secretary requesting
inclusion of the territory in the district.
(b) The petition must be signed by at least 50 registered
voters of the territory or a majority of those voters, whichever is
less.
Sec. 1030.352. NOTICE OF HEARING. (a) The board by order
shall set a time and place to hold a hearing on the petition
described by Section 1030.351.
(b) The hearing may not be held earlier than the 31st day
after the date the board issues the order.
Sec. 1030.353. ORDER OF ANNEXATION. (a) If, after the
hearing, the board finds that annexation of the territory into the
district would be feasible and would benefit the district, the
board may approve the annexation by a resolution entered in its
minutes.
(b) The board is not required to include all of the
territory described in the petition if the board finds that a change
is necessary or desirable.
Sec. 1030.354. RATIFICATION ELECTION. (a) Annexation of
territory is final when approved by a majority of the voters at:
(1) an election held in the district; and
(2) a separate election held on the same date in the
territory to be annexed.
(b) If the district has outstanding debts or taxes, the
voters in the elections to approve annexation must also determine
whether the annexed territory will assume its portion of the debts
or taxes on annexation.
Sec. 1030.355. BALLOT. The ballot for the elections shall
be printed to permit voting for or against the following, as
applicable:
(1) "Adding (description of territory to be added) to
the Frio Hospital District."
(2) "(Description of territory to be added) assuming
its proportionate share of the outstanding debts and taxes of the
Frio Hospital District, if it is added to the district."
Sec. 1030.356. ANNEXATION ELECTION. (a) An election held
under this subchapter to annex territory must be ordered in
accordance with Chapter 3, Election Code.
(b) Notice of an election held under this subchapter to
annex territory must be given as provided by Chapter 4, Election
Code.
Sec. 1030.357. COMPOSITION AND ELECTION OF BOARD FOLLOWING
ANNEXATION. (a) If annexation is approved, the board shall be
governed by a board of nine directors with two directors elected
from each commissioners precinct and one director elected at large.
(b) At the next regularly scheduled board meeting following
the canvassing of the election to expand the district's territory,
the board shall appoint two individuals who meet the qualifications
under Section 1030.054 to serve as temporary directors representing
Precinct 4 until the date of the next regular election of directors.
(c) On the date of the next regular election following the
approval of annexation, in addition to the directors scheduled to
be elected at that election, two directors shall be elected from
Precinct 4.
(d) The two initial directors elected from Precinct 4 shall
draw lots to determine which director shall serve a one-year term.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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