Texas 2023 - 88th Regular

Texas House Bill HB3191 Compare Versions

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1	1	H.B. No. 3191
2	2
3	3
4	4	AN ACT
5	5	relating to the elections and operations of certain hospital
6	6	districts.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Section 285.081, Health and
9	9	Safety Code, is amended to read as follows:
10	10	Sec. 285.081. OPTIONAL FOUR-YEAR TERMS.
11	11	SECTION 2. Subchapter G, Chapter 285, Health and Safety
12	12	Code, is amended by adding Sections 285.082 and 285.083 to read as
13	13	follows:
14	14	Sec. 285.082. OPTIONAL THREE-YEAR TERMS. (a) The
15	15	governing board of a hospital district created under general or
16	16	special law may, on its own motion, order that the members of the
17	17	governing board are to be elected to serve staggered three-year
18	18	terms if:
19	19	(1) the members of the governing board serve staggered
20	20	four-year terms on the date the governing board enters the order;
21	21	and
22	22	(2) Subsection (b), (c), or (d) applies to the
23	23	governing board.
24	24	(b) This subsection applies to a governing board of a
25	25	hospital district with five members. The election of board members
26	26	in the even-numbered year following the date an order is entered
27	27	under Subsection (a) in which three board members are to be elected
28	28	shall be held as previously scheduled. Two of the members elected
29	29	at that election shall serve three-year terms, and one of the
30	30	members elected at that election shall serve a four-year term, to be
31	31	determined by random draw. Board members elected in subsequent
32	32	elections shall serve three-year terms.
33	33	(c) This subsection applies to a governing board of a
34	34	hospital district with seven members. The election of board members
35	35	in the even-numbered year following the date an order is entered
36	36	under Subsection (a) in which four members are to be elected shall
37	37	be held as previously scheduled. Two of the members elected at that
38	38	election shall serve three-year terms and two of the members
39	39	elected at that election shall serve four-year terms, to be
40	40	determined by random draw. Board members elected in subsequent
41	41	elections shall serve three-year terms.
42	42	(d) This subsection applies to a governing board of a
43	43	hospital district with nine members. The election of board members
44	44	in the even-numbered year following the date an order is entered
45	45	under Subsection (a) in which five members are to be elected shall
46	46	be held as previously scheduled. Two of the members elected at that
47	47	election shall serve three-year terms and three of the members
48	48	elected at that election shall serve four-year terms, to be
49	49	determined by random draw. The election of board members in the next
50	50	even-numbered year following the date an order is entered under
51	51	Subsection (a) in which four members are to be elected shall be held
52	52	as previously scheduled. Three of the members elected at that
53	53	election shall serve three-year terms and one of the members
54	54	elected at that election shall serve a four-year term, to be
55	55	determined by random draw. Board members elected in subsequent
56	56	elections shall serve three-year terms.
57	57	Sec. 285.083. RESIGNATION OF TERM. (a) A member of the
58	58	governing board of a hospital district is considered to have
59	59	resigned the member's position if the member is absent from five or
60	60	more regularly scheduled board meetings that the member is eligible
61	61	to attend in any 12-month period without an excuse approved by a
62	62	majority vote of the board.
63	63	(b) A resignation under Subsection (a) is effective on the
64	64	date of the fifth regularly scheduled board meeting at which the
65	65	member is absent without an excuse approved by the board.
66	66	(c) The validity of an action of the board is not affected by
67	67	the fact that the action is taken during a period in which a board
68	68	member is considered to have resigned under Subsection (a).
69	69	(d) This section does not apply to a hospital district
70	70	created under Chapter 281.
71	71	SECTION 3. Section 286.022(c), Health and Safety Code, is
72	72	amended to read as follows:
73	73	(c) The petition may provide:
74	74	(1) the number of directors for the district, which
75	75	number must be an odd number; [and]
76	76	(2) the method by which directors are to be elected,
77	77	whether at large, by place, or by a combination of both, so that a
78	78	specific number of directors are elected from each commissioner
79	79	precinct and a specific number are elected at large; and
80	80	(3) whether directors will be elected to serve
81	81	two-year or four-year terms.
82	82	SECTION 4. Section 286.025(a), Health and Safety Code, is
83	83	amended to read as follows:
84	84	(a) The commissioners court shall give notice of the
85	85	election by publishing a substantial copy of the election order in a
86	86	newspaper with general circulation in the proposed district in
87	87	accordance with Section 4.003, Election Code [once a week for two
88	88	consecutive weeks].
89	89	SECTION 5. Section 286.041, Health and Safety Code, is
90	90	amended to read as follows:
91	91	Sec. 286.041. BOARD OF DIRECTORS. The directors shall be
92	92	elected at large, by place, or by a combination of both, in
93	93	accordance with the petition prescribed by Section 286.021.
94	94	SECTION 6. Section 286.042, Health and Safety Code, is
95	95	amended to read as follows:
96	96	Sec. 286.042. DIRECTOR'S ELECTION. (a) The initial
97	97	directors shall be elected at an election to be held on the uniform
98	98	election date [first Saturday] in May following the creation of the
99	99	district.
100	100	(b) If the directors are elected at large for two-year
101	101	terms:
102	102	(1) the appropriate number of candidates receiving the
103	103	highest number of votes at the initial election of directors are
104	104	directors for the district;
105	105	(2) the number of directors equal to a majority of the
106	106	directors who receive the highest number of votes at the initial
107	107	election serve for a term of two years; and
108	108	(3) the remaining directors serve for a term of one
109	109	year.
110	110	(c) If the directors are elected by place for two-year
111	111	terms:
112	112	(1) the candidate for a place receiving the highest
113	113	number of votes for election to that place is a director for the
114	114	district;
115	115	(2) a director elected to fill an even-numbered place
116	116	at the initial election serves for a term of one year; and
117	117	(3) a director elected to fill an odd-numbered place
118	118	at the initial election serves for a term of two years.
119	119	(d) If the directors are elected from commissioners
120	120	precincts and at large for two-year terms:
121	121	(1) the number of candidates equal to the number of
122	122	directors to be elected from each precinct who receive the highest
123	123	number of votes from a commissioner precinct are directors for that
124	124	precinct;
125	125	(2) the number of candidates equal to the number of
126	126	directors to be elected at large who receive the highest number of
127	127	votes from the district at large are directors for the district at
128	128	large;
129	129	(3) a candidate elected from an odd-numbered precinct
130	130	at the initial election serves for a term of two years;
131	131	(4) a candidate elected from an even-numbered precinct
132	132	at the initial election serves for a term of one year;
133	133	(5) a candidate elected as the director from the
134	134	district at large at the initial election serves for a term of two
135	135	years; and
136	136	(6) if more than one director is elected at large, half
137	137	of the directors elected serve two-year terms, and the other half
138	138	serve one-year terms.
139	139	(d-1) If the directors are elected at large for four-year
140	140	terms:
141	141	(1) the appropriate number of candidates receiving the
142	142	highest number of votes at the initial election of directors are
143	143	directors for the district;
144	144	(2) the number of directors equal to a majority of the
145	145	directors who receive the highest number of votes at the initial
146	146	election serve for a term of three years if elected in an
147	147	odd-numbered year or four years if elected in an even-numbered
148	148	year; and
149	149	(3) the remaining directors serve for a term of one
150	150	year if elected in an odd-numbered year or two years if elected in
151	151	an even-numbered year.
152	152	(d-2) If the directors are elected by place for four-year
153	153	terms:
154	154	(1) the candidate for a place receiving the highest
155	155	number of votes for election to that place is a director for the
156	156	district;
157	157	(2) a director elected to fill an even-numbered place
158	158	at the initial election serves for a term of one year if elected in
159	159	an odd-numbered year or two years if elected in an even-numbered
160	160	year; and
161	161	(3) a director elected to fill an odd-numbered place
162	162	at the initial election serves for a term of three years if elected
163	163	in an odd-numbered year or four years if elected in an even-numbered
164	164	year.
165	165	(d-3) If the directors are elected from commissioners
166	166	precincts and at large for four-year terms:
167	167	(1) the number of candidates equal to the number of
168	168	directors to be elected from each precinct who receive the highest
169	169	number of votes from a commissioner precinct are directors for that
170	170	precinct;
171	171	(2) the number of candidates equal to the number of
172	172	directors to be elected at large who receive the highest number of
173	173	votes from the district at large are directors for the district at
174	174	large;
175	175	(3) a candidate elected from an odd-numbered precinct
176	176	at the initial election serves for a term of three years if elected
177	177	in an odd-numbered year or four years if elected in an even-numbered
178	178	year;
179	179	(4) a candidate elected from an even-numbered precinct
180	180	at the initial election serves for a term of one year if elected in
181	181	an odd-numbered year or two years if elected in an even-numbered
182	182	year;
183	183	(5) a candidate elected as the director from the
184	184	district at large at the initial election serves for a term of three
185	185	years if elected in an odd-numbered year or four years if elected in
186	186	an even-numbered year; and
187	187	(6) if more than one director is elected at large, half
188	188	of the directors elected at large serve for a term described by
189	189	Subdivision (4) for a candidate elected from an even-numbered
190	190	precinct, and the other half serve for a term described by
191	191	Subdivision (3) for a candidate elected from an odd-numbered
192	192	precinct.
193	193	(e) After the initial election of directors, an election
194	194	shall be held on the uniform election date [first Saturday] in May
195	195	of each year or every other year, as applicable, to elect the
196	196	appropriate number of successor directors for two-year terms or
197	197	four-year terms as specified in the petition to create the
198	198	district.
199	199	SECTION 7. Section 286.043, Health and Safety Code, is
200	200	amended to read as follows:
201	201	Sec. 286.043. NOTICE OF ELECTION. Notice [Before the 35th
202	202	day before the date of an election of directors, notice] of an [the]
203	203	election shall be published [one time] in a newspaper with general
204	204	circulation in the district in accordance with Section 4.003,
205	205	Election Code.
206	206	SECTION 8. The heading to Section 286.044, Health and
207	207	Safety Code, is amended to read as follows:
208	208	Sec. 286.044. APPLICATION FOR PLACE ON BALLOT [PETITION].
209	209	SECTION 9. Section 286.044(a), Health and Safety Code, is
210	210	amended to read as follows:
211	211	(a) A person who wishes to have the person's name printed on
212	212	the ballot as a candidate for director must file an application with
213	213	the secretary of the board in accordance with Chapter 144, Election
214	214	Code.
215	215	SECTION 10. Section 286.053, Health and Safety Code, is
216	216	amended to read as follows:
217	217	Sec. 286.053. APPOINTMENTS TO STAFF. The board may:
218	218	(1) appoint to the staff any health care practitioners
219	219	[doctors] the board considers necessary for the efficient operation
220	220	of the district; and
221	221	(2) grant clinical privileges on a [make] temporary or
222	222	emergency basis as [appointments] the board considers necessary.
223	223	SECTION 11. Section 286.078(b), Health and Safety Code, is
224	224	amended to read as follows:
225	225	(b) The board may enter into a public work contract as
226	226	authorized under Chapter 2269, Government Code [construction
227	227	contracts that involve spending more than $10,000 only after
228	228	competitive bidding as provided by Subchapter B, Chapter 271, Local
229	229	Government Code].
230	230	SECTION 12. Section 286.101(f), Health and Safety Code, is
231	231	amended to read as follows:
232	232	(f) [The election shall be held after the 45th day and on or
233	233	before the 60th day after the date the election is ordered.] The
234	234	election shall be ordered and notice of the election shall be given
235	235	in the same manner as provided by Sections 286.024 and 286.025 for
236	236	ordering and giving notice of an election authorizing creation of
237	237	the district. Section 41.001(a), Election Code, does not apply to
238	238	an election held under this section.
239	239	SECTION 13. Section 286.102(c), Health and Safety Code, is
240	240	amended to read as follows:
241	241	(c) [The election shall be held not later than the 60th day
242	242	after the date the election is ordered.] Section 41.001(a),
243	243	Election Code, does not apply to an election ordered under this
244	244	section.
245	245	SECTION 14. Section 286.129, Health and Safety Code, is
246	246	amended to read as follows:
247	247	Sec. 286.129. SPENDING AND INVESTMENT LIMITATIONS. (a)
248	248	Except as provided by Sections [Section] 286.078(a), [and by
249	249	Sections] 286.141, 286.144, and 286.145, and Chapter 315, the
250	250	district may not incur a debt payable from revenues of the district
251	251	other than the revenues on hand or to be on hand in the current and
252	252	immediately following fiscal year of the district.
253	253	(b) The board may invest operating, depreciation, or
254	254	building reserves only in investments authorized under Chapter
255	255	2256, Government Code [:
256	256	[(1) bonds of the United States;
257	257	[(2) certificates of indebtedness issued by the United
258	258	States secretary of the treasury;
259	259	[(3) bonds of this state or a county, municipality, or
260	260	school district of this state; or
261	261	[(4) shares or share accounts of savings and loan
262	262	associations organized under the laws of this state or federal
263	263	savings and loan associations domiciled in this state, if the
264	264	shares or share accounts are insured by the Federal Deposit
265	265	Insurance Corporation].
266	266	SECTION 15. Section 1023.054(a), Special District Local
267	267	Laws Code, is amended to read as follows:
268	268	(a) If a [A] vacancy occurs in the office of director, the
269	269	remaining directors shall appoint a director [shall be filled] for
270	270	the unexpired term [at the next regular election].
271	271	SECTION 16. Section 1070.111, Special District Local Laws
272	272	Code, is amended to read as follows:
273	273	Sec. 1070.111. CONSTRUCTION CONTRACTS. A construction
274	274	contract that involves the expenditure of more than $10,000 may be
275	275	made only after advertising in the manner provided by Chapter 252,
276	276	Local Government Code, or Subchapter B, Chapter 271, Local
277	277	Government Code[, or Section 286.078, Health and Safety Code].
278	278	SECTION 17. The following provisions of the Health and
279	279	Safety Code are repealed:
280	280	(1) Section 286.023(g);
281	281	(2) Section 286.025(b); and
282	282	(3) Section 286.044(b).
283	283	SECTION 18. This Act takes effect September 1, 2023.
284	284	______________________________ ______________________________
285	285	President of the Senate Speaker of the House
286	286	I certify that H.B. No. 3191 was passed by the House on May
287	287	12, 2023, by the following vote: Yeas 129, Nays 11, 2 present, not
288	288	voting.
289	289	______________________________
290	290	Chief Clerk of the House
291	291	I certify that H.B. No. 3191 was passed by the Senate on May
292	292	24, 2023, by the following vote: Yeas 30, Nays 1.
293	293	______________________________
294	294	Secretary of the Senate
295	295	APPROVED: _____________________
296	296	Date
297	297	_____________________
298	298	Governor