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AN ACT
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relating to the powers of municipal and county hospital authorities |
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and hospital districts created under general or special law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 262, Health and Safety |
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Code, is amended by adding Sections 262.037 and 262.038 to read as |
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follows: |
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Sec. 262.037. ESTABLISHMENT OF NONPROFIT CORPORATION. (a) |
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The authority may form and sponsor a nonprofit corporation under |
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the Texas Nonprofit Corporation Law, as described by Section 1.008, |
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Business Organizations Code, to own and operate all or part of one |
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or more ancillary health care facilities consistent with the |
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purposes of an authority under this chapter. |
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(b) The board shall appoint the board of directors of a |
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nonprofit corporation formed under this section. |
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(c) The authority may contribute money to or solicit money |
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for the nonprofit corporation. If the authority contributes money |
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to or solicits money for the corporation, the authority shall |
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establish procedures and controls sufficient to ensure that the |
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money is used by the corporation for public purposes. |
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(d) A nonprofit corporation formed under this section has |
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the same powers as a development corporation under Section 221.030. |
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(e) A nonprofit corporation formed under this section shall |
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comply with Chapter 2258, Government Code, in the same manner and to |
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the same extent that the authority is required to comply with that |
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chapter. |
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Sec. 262.038. HOSPITAL AUTHORITY CONTRACTS, |
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COLLABORATIONS, AND JOINT VENTURES. The authority may, directly or |
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through any nonprofit corporation formed by the authority, |
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contract, collaborate, or enter into a joint venture with any |
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public or private entity as necessary to carry out the functions of |
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or provide services to the authority. |
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SECTION 2. Subchapter C, Chapter 264, Health and Safety |
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Code, is amended by adding Sections 264.035 and 264.036 to read as |
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follows: |
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Sec. 264.035. ESTABLISHMENT OF NONPROFIT CORPORATION. (a) |
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The authority may form and sponsor a nonprofit corporation under |
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the Texas Nonprofit Corporation Law, as described by Section 1.008, |
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Business Organizations Code, to own and operate all or part of one |
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or more ancillary health care facilities consistent with the |
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purposes of an authority under this chapter. |
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(b) The board shall appoint the board of directors of a |
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nonprofit corporation formed under this section. |
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(c) The authority may contribute money to or solicit money |
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for the nonprofit corporation. If the authority contributes money |
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to or solicits money for the corporation, the authority shall |
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establish procedures and controls sufficient to ensure that the |
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money is used by the corporation for public purposes. |
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(d) A nonprofit corporation formed under this section has |
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the same powers as a development corporation under Section 221.030. |
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(e) A nonprofit corporation formed under this section shall |
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comply with Chapter 2258, Government Code, in the same manner and to |
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the same extent that the authority is required to comply with that |
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chapter. |
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Sec. 264.036. HOSPITAL AUTHORITY CONTRACTS, |
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COLLABORATIONS, AND JOINT VENTURES. The authority may, directly or |
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through any nonprofit corporation formed by the authority, |
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contract, collaborate, or enter into a joint venture with any |
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public or private entity as necessary to carry out the functions of |
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or provide services to the authority. |
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SECTION 3. Section 285.091(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A hospital district created under general or special law |
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may, directly or through a nonprofit corporation created or formed |
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by the district, contract, collaborate, or enter into a joint |
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venture with any public or private entity as necessary to [form or] |
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carry out the functions of or provide services to the district [an
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intergovernmental initiative under Section 16B, Article 4413(502),
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Revised Statutes]. |
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SECTION 4. Chapter 285, Health and Safety Code, is amended |
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by adding Subchapter O to read as follows: |
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SUBCHAPTER O. NONPROFIT CORPORATION CREATED OR FORMED BY |
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DISTRICT |
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Sec. 285.301. ESTABLISHMENT OF NONPROFIT CORPORATION. (a) |
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A hospital district created under general or special law may form |
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and sponsor a nonprofit corporation under the Texas Nonprofit |
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Corporation Law, as described by Section 1.008, Business |
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Organizations Code, to own and operate all or part of one or more |
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ancillary health care facilities consistent with the purposes of |
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the district. |
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(b) The governing body of the hospital district shall |
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appoint the board of directors of a nonprofit corporation formed |
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under this section. |
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(c) The hospital district may contribute money to or solicit |
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money for the nonprofit corporation. If the district contributes |
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money to or solicits money for the corporation, the district shall |
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establish procedures and controls sufficient to ensure that the |
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money is used by the corporation for public purposes. |
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(d) A nonprofit corporation formed under this section has |
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the same powers as a development corporation under Section 221.030. |
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Sec. 285.302. COMPLIANCE BY NONPROFIT CORPORATION WITH |
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CERTAIN LAWS. A nonprofit corporation created or formed under this |
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subchapter or other law by a hospital district that is created under |
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general or special law shall comply with Chapter 2258, Government |
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Code, in the same manner and to the same extent that the hospital |
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district that created or formed the corporation is required to |
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comply with that chapter. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2168 was passed by the House on March |
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22, 2007, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2168 on May 17, 2007, by the following vote: Yeas 142, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2168 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |