S.B. No. 1950
AN ACT
relating to the Donley County Hospital District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1021.061(c), Special District Local Laws
Code, is amended to read as follows:
(c) The board may delegate to the district administrator the
authority to hire district employees, including technicians and
nurses, for the efficient operation of the district.
SECTION 2. Subchapter B, Chapter 1021, Special District
Local Laws Code, is amended by adding Sections 1021.063, 1021.064,
and 1021.065 to read as follows:
Sec. 1021.063. MAINTENANCE OF RECORDS. The board shall:
(1) keep minutes of all board meetings and
proceedings; and
(2) maintain at the district's principal office all
district records and accounts, including all contracts, notices,
duplicate vouchers, and duplicate receipts.
Sec. 1021.064. RECRUITMENT OF MEDICAL PERSONNEL. (a) The
board may spend district money to recruit physicians, nurses, and
other trained medical personnel.
(b) The board may pay the tuition or other expenses of a
full-time medical student or other student in a health occupation
who:
(1) is enrolled in and is in good standing at an
accredited medical school, college, or university; and
(2) contractually agrees to become a district employee
or independent contractor in return for that assistance.
Sec. 1021.065. EDUCATIONAL PROGRAMS; COURSES. The board
may provide or contract for the provision of educational programs
or courses for district employees, medical staff, board members,
and the public as necessary or beneficial to promote the mission of
the district.
SECTION 3. Section 1021.103, Special District Local Laws
Code, is amended to read as follows:
Sec. 1021.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
(a) The board shall manage, control, and administer the hospital
system and the district's money and resources.
(b) The board may delegate to the district administrator
the authority to manage, control, and administer the hospital, the
hospital system, and the district's business, money, and resources
under the board's oversight.
SECTION 4. Section 1021.104, Special District Local Laws
Code, is amended to read as follows:
Sec. 1021.104. HOSPITAL SYSTEM. (a) The district shall
provide for the establishment of a hospital or hospital system in
the district by:
(1) leasing, purchasing, constructing, acquiring,
repairing, or renovating buildings and improvements;
(2) equipping the buildings and improvements; and
(3) administering the buildings and improvements for
hospital purposes.
(b) The hospital system, as determined by the board, may
include:
(1) facilities for domiciliary care of the sick,
injured, or geriatric;
(2) [facilities for] outpatient clinics and related
facilities;
(3) dispensaries;
(4) convalescent home facilities;
(5) necessary nurses centers;
(6) research centers or laboratories;
(7) nursing homes or similar facilities for the care
of the elderly;
(8) blood banks; and
(9) [(8)] any other facilities the board considers
necessary for hospital care.
(c) The district may operate or provide for the operation of
a mobile emergency medical or air ambulance service as part of the
hospital system.
SECTION 5. Section 1021.105, Special District Local Laws
Code, is amended to read as follows:
Sec. 1021.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees and as otherwise required to
administer this chapter.
SECTION 6. Section 1021.107, Special District Local Laws
Code, is amended to read as follows:
Sec. 1021.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required for district purposes [to maintain
an adequate hospital system]. The board may purchase or lease
buildings, materials, supplies, equipment, and vehicles for
district purposes.
(b) The board may [contract with the Health and Human
Services Commission to] lease all or part of the district's
buildings and other facilities on terms considered to be in the best
interest of the district's inhabitants. The term of the lease may
not exceed 25 years.
(c) The district may acquire equipment, land, improvements,
or vehicles for use by [in] the district [district's hospital
system] and mortgage or pledge the property as security for the
payment of the purchase price. A contract entered into under this
subsection for equipment or vehicles must provide that the entire
obligation be retired not later than the fifth anniversary of the
date of the contract.
(d) The district may sell or otherwise dispose of any
property, including equipment and vehicles, on terms the board
finds are in the best interest of the district's inhabitants.
SECTION 7. Section 1021.110, Special District Local Laws
Code, is amended to read as follows:
Sec. 1021.110. CONSTRUCTION OR PURCHASE CONTRACTS. A
construction or purchase contract that involves the expenditure of
more than the amount provided by Section 271.024, Local Government
Code, must comply with the competitive procurement requirements
[$2,000 may be made only after advertising in the manner] provided
by Chapter 252, 262, or 271 [and Subchapter C, Chapter 262], Local
Government Code, as applicable.
SECTION 8. Section 1021.112, Special District Local Laws
Code, is amended to read as follows:
Sec. 1021.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND [HOSPITAL] TREATMENT. (a) The board may contract with a
county or municipality located outside the district's boundaries
for the care and treatment [hospitalization] of a sick or injured
person of that county or municipality.
(b) The board may contract with this state or a federal
agency for the care and [hospital] treatment of a sick or injured
person for whom this state or the agency is responsible.
SECTION 9. Subchapter C, Chapter 1021, Special District
Local Laws Code, is amended by adding Section 1021.116 to read as
follows:
Sec. 1021.116. FACILITIES OR SERVICES FOR PERSONS WHO ARE
ELDERLY OR PERSONS WITH DISABILITIES. (a) The district may:
(1) purchase, construct, acquire by lease or contract,
repair, renovate, equip, or administer the following types of
facilities or services for the care of persons who are elderly or
persons with disabilities:
(A) a nursing home or similar long-term care
facility;
(B) elderly housing;
(C) assisted living;
(D) home health;
(E) personal care;
(F) special care; or
(G) continuing care; and
(2) purchase, acquire by lease or contract, repair, or
equip durable medical equipment to provide services to persons who
are elderly or to persons with disabilities.
(b) For a facility or service described by Subsection (a),
the board may:
(1) lease or enter into an operating or management
agreement relating to all or part of a facility or service that is
owned by the district;
(2) close, transfer, sell, or otherwise convey all or
part of a facility; and
(3) discontinue all or part of a service.
(c) The board may issue general obligation bonds, revenue
bonds, and other notes to acquire, construct, or improve a facility
for the care of persons who are elderly or of persons with
disabilities or to implement the delivery of a service for the care
of persons who are elderly or of persons with disabilities.
(d) For the purposes of this section, a facility or service
described by Subsection (a) is a hospital project under Chapter
223, Health and Safety Code, notwithstanding Section 223.002 of
that chapter.
SECTION 10. Section 1021.157, Special District Local Laws
Code, is amended to read as follows:
Sec. 1021.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The audit and other district records, including records described
by Section 1021.063, shall be open to public inspection at the
district's principal office.
SECTION 11. Subchapter D, Chapter 1021, Special District
Local Laws Code, is amended by adding Sections 1021.161 and
1021.162 to read as follows:
Sec. 1021.161. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
(a) Notwithstanding Section 1021.160, the board may borrow money
at a rate not to exceed the maximum annual percentage rate allowed
by law for district obligations at the time the loan is made.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district in the
next 12-month period that is not pledged to pay the principal of or
interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
Sec. 1021.162. AUTHORITY TO BORROW MONEY IN EMERGENCY;
SECURITY. (a) Notwithstanding Section 1021.160, the board may
borrow money at a rate not to exceed the maximum annual percentage
rate allowed by law for district obligations at the time the loan is
made if the board declares that:
(1) money is not available to meet authorized
obligations of the district; and
(2) an emergency exists.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district in the
next 12-month period that is not pledged to pay the principal of or
interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
(d) The board may not spend money obtained from a loan under
this section for any purpose other than:
(1) the purpose for which the board declared an
emergency; and
(2) if district taxes or bonds are pledged to pay the
loan, the purpose for which the pledged taxes were imposed or the
pledged bonds were authorized.
SECTION 12. Section 1021.201, Special District Local Laws
Code, is amended to read as follows:
Sec. 1021.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; [and]
(2) equipping buildings or improvements for hospital
purposes; or
(3) acquiring and operating a mobile emergency medical
or air ambulance service.
SECTION 13. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1950 passed the Senate on
April 17, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1950 passed the House on
May 14, 2019, by the following vote: Yeas 137, Nays 4, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor