1 | 1 | | 89R9961 SRA-F |
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2 | 2 | | By: Parker S.B. No. 2829 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the operations of municipal hospital authorities. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 262.011(b), Health and Safety Code, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | (b) The number of directors shall be determined at the time |
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14 | 14 | | the authority is created. The number may be changed by amendment of |
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15 | 15 | | the ordinance or ordinances creating the authority unless |
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16 | 16 | | prohibited by a [the] resolution [authorizing the issuance of |
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17 | 17 | | bonds] or [by the] trust indenture described by Section 262.012 |
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18 | 18 | | [securing the bonds]. A [However, a] reduction in the number of |
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19 | 19 | | directors may not shorten the term of an incumbent director. |
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20 | 20 | | SECTION 2. Sections 262.012(a), (b), and (f), Health and |
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21 | 21 | | Safety Code, are amended to read as follows: |
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22 | 22 | | (a) The governing body or governing bodies shall appoint the |
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23 | 23 | | initial directors of the authority for terms not to exceed two years |
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24 | 24 | | except as otherwise provided by this section. If the authority |
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25 | 25 | | includes more than one municipality, each governing body shall |
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26 | 26 | | appoint an equal number of directors unless the governing bodies |
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27 | 27 | | agree otherwise. |
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28 | 28 | | (b) The board may prescribe in the [The] resolution |
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29 | 29 | | authorizing the issuance of revenue bonds or the trust indenture |
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30 | 30 | | securing the bonds, in an agreement securing notes of any kind |
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31 | 31 | | issued by the authority, or in another resolution [may prescribe] |
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32 | 32 | | the method of selecting [a majority of] the directors and the term |
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33 | 33 | | of office of those directors. Except as provided by Subsections |
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34 | 34 | | (c), (d), and (e), the method of selecting the directors and the |
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35 | 35 | | term of office of those directors prescribed by the board may not be |
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36 | 36 | | changed except by a subsequent resolution adopted by the board. |
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37 | 37 | | The[, and the] terms of directors appointed before the issuance of |
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38 | 38 | | the bonds are subject to the resolution or trust indenture. The |
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39 | 39 | | governing body or governing bodies shall appoint any [the] |
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40 | 40 | | remaining directors. |
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41 | 41 | | (f) An officer or employee of a municipality in the |
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42 | 42 | | authority or an employee of the authority is not eligible for |
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43 | 43 | | appointment as a director. |
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44 | 44 | | SECTION 3. Section 262.0331, Health and Safety Code, is |
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45 | 45 | | amended by amending Subsection (a) and adding Subsection (c) to |
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46 | 46 | | read as follows: |
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47 | 47 | | (a) If, after the sale or closing of a hospital under |
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48 | 48 | | Section 262.033, the authority does not own or operate a hospital, |
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49 | 49 | | the board may use the authority's available assets to promote |
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50 | 50 | | public health and general welfare initiatives that the board |
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51 | 51 | | determines will benefit the residents served by the authority, |
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52 | 52 | | including: |
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53 | 53 | | (1) owning, operating, or funding an: |
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54 | 54 | | (A) administrative office; or |
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55 | 55 | | (B) indigent health care clinic, medical |
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56 | 56 | | research facility, fitness or physical health center, medical |
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57 | 57 | | training or education facility, or other health care facility; |
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58 | 58 | | (2) providing direct or indirect financial assistance |
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59 | 59 | | to a nonprofit organization that: |
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60 | 60 | | (A) owns or operates a hospital, indigent health |
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61 | 61 | | care clinic, medical research facility, medical training facility, |
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62 | 62 | | or other health care facility; or |
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63 | 63 | | (B) supports an initiative promoting health |
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64 | 64 | | education, wellness, or disease prevention; and |
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65 | 65 | | (3) undertaking any other activity that the board |
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66 | 66 | | determines is necessary or appropriate to improve public health, |
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67 | 67 | | promote wellness, prevent disease, or enhance the general welfare |
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68 | 68 | | of the residents served by the authority. |
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69 | 69 | | (c) The authority may issue revenue bonds and other notes in |
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70 | 70 | | accordance with this chapter to undertake any initiative authorized |
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71 | 71 | | by this section. |
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72 | 72 | | SECTION 4. Section 262.039(a), Health and Safety Code, is |
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73 | 73 | | amended to read as follows: |
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74 | 74 | | (a) This section applies only to an authority that: |
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75 | 75 | | (1) is located in: |
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76 | 76 | | (A) a county with a population of 2.4 million or |
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77 | 77 | | more; or |
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78 | 78 | | (B) a municipality with a population of less than |
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79 | 79 | | 30,000 [15,000]; |
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80 | 80 | | (2) has assets that exceed the amount of any |
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81 | 81 | | outstanding bonds issued under Subchapter D; and |
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82 | 82 | | (3) does not operate a hospital. |
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83 | 83 | | SECTION 5. Section 262.041, Health and Safety Code, is |
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84 | 84 | | amended to read as follows: |
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85 | 85 | | Sec. 262.041. REVENUE BONDS. (a) The authority may issue |
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86 | 86 | | revenue bonds to provide funds for any of the authority's purposes, |
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87 | 87 | | including the purposes described by Sections 262.0331 and 262.034, |
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88 | 88 | | regardless of whether the authority owns or operates a hospital. |
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89 | 89 | | (b) Revenue bonds must be payable from, and secured by a |
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90 | 90 | | pledge of, revenues from: |
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91 | 91 | | (1) the operation of one or more hospitals and any |
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92 | 92 | | other revenues from the ownership or investment of [owning] |
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93 | 93 | | hospital property; or |
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94 | 94 | | (2) any initiative described by Section 262.0331 or |
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95 | 95 | | any facility or service described by Section 262.034. |
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96 | 96 | | (c) Additionally, revenue bonds may be secured by a mortgage |
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97 | 97 | | or deed of trust on real property owned by the authority or by a |
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98 | 98 | | chattel mortgage on the authority's personal property. |
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99 | 99 | | SECTION 6. Sections 262.034(d), (e), (f), and (g), Health |
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100 | 100 | | and Safety Code, are repealed. |
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101 | 101 | | SECTION 7. This Act takes effect September 1, 2025. |
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