Texas 2025 89th Regular

Texas House Bill HB2438 Introduced / Bill

Filed 02/05/2025

Download
.pdf .doc .html
                    89R8852 MPF-F
 By: Darby H.B. No. 2438




 A BILL TO BE ENTITLED
 AN ACT
 relating to the operations and administration of the Concho County
 Hospital District.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1016.053, Special District Local Laws
 Code, is amended to read as follows:
 Sec. 1016.053.  BALLOT APPLICATION [PETITION].  A person who
 wants to have the person's name printed on the ballot as a candidate
 for director must file an application with the board secretary in
 accordance with Chapter 144, Election Code [a petition requesting
 that action.  The petition must be:
 [(1)  signed by at least 10 registered taxpaying
 voters; and
 [(2)  filed by the deadline imposed by Section 144.005,
 Election Code].
 SECTION 2.  Section 1016.054, Special District Local Laws
 Code, is amended to read as follows:
 Sec. 1016.054.  QUALIFICATIONS FOR OFFICE.  (a) A person may
 not be elected or appointed as a director unless the person is:
 (1)  a district resident; and
 (2)  a qualified voter[;
 [(3)  a freeholder; and
 [(4)  at least 18 years of age when elected or
 appointed].
 (b)  A person may not be elected or appointed as a director if
 the person is a district employee.
 SECTION 3.  Section 1016.057, Special District Local Laws
 Code, is amended to read as follows:
 Sec. 1016.057.  OFFICERS.  The board shall elect a
 president, a vice president, and a secretary from among its
 members.
 SECTION 4.  The heading to Section 1016.060, Special
 District Local Laws Code, is amended to read as follows:
 Sec. 1016.060.  DISTRICT ADMINISTRATOR[; ASSISTANT
 ADMINISTRATOR].
 SECTION 5.  Section 1016.060(c), Special District Local Laws
 Code, is amended to read as follows:
 (c)  The district administrator serves [and any assistant
 administrator serve] at the will of the board and is [are] entitled
 to the compensation determined by the board.
 SECTION 6.  Section 1016.110, Special District Local Laws
 Code, is amended to read as follows:
 Sec. 1016.110.  CONSTRUCTION [OR PURCHASE] CONTRACTS. (a)
 The board may enter into construction contracts for the district.
 (b)  The board may enter into a public work contract as
 authorized under Chapter 2269, Government Code.
 (c)  Chapter 2253, Government Code, as it relates to
 performance and payment bonds, applies to the district's
 construction contracts [A construction or purchase contract that
 involves the expenditure of more than $2,000 may be made only after
 advertising in the manner provided by Chapter 252 and Subchapter C,
 Chapter 262, Local Government Code].
 SECTION 7.  Section 1016.160(a), Special District Local Laws
 Code, is amended to read as follows:
 (a)  Except as otherwise provided by Section 1016.107(c) of
 this code, Section 315.002, Health and Safety Code, this
 subchapter, and Subchapter E of this chapter, the district may not
 incur a debt [an obligation] payable from district revenue other
 than the revenue on hand or to be on hand in the current and
 following district fiscal years.
 SECTION 8.  The following provisions of the Special District
 Local Laws Code are repealed:
 (1)  Section 1016.055; and
 (2)  Sections 1016.060(b) and (d).
 SECTION 9.  (a) The changes in law made by this Act to
 Section 1016.053, Special District Local Laws Code, apply only to
 an election ordered on or after the effective date of this Act.
 (b)  The changes in law made by this Act to Section 1016.054,
 Special District Local Laws Code:
 (1)  do not affect the entitlement of a director
 serving on the board of directors immediately before the effective
 date of this Act to continue to serve on the board for the remainder
 of the director's term;
 (2)  apply only to a member of the board of directors
 elected or appointed to the board on or after the effective date of
 this Act; and
 (3)  do not prohibit a director serving on the board of
 directors on the effective date of this Act from being reelected or
 reappointed to the board if the director has the qualifications
 required for membership on the board under Section 1016.054,
 Special District Local Laws Code, as amended by this Act.
 SECTION 10.  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, 2025.