H.B. No. 4745
 
 
 
 
AN ACT
  relating to the Lockney General Hospital District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1052.052, Special District Local Laws
  Code, as effective April 1, 2009, is amended to read as follows:
         Sec. 1052.052.  NOTICE OF ELECTION. Notice  [At least five
  days before the date of an election of directors, notice] of an
  [the] election of directors shall be published [one time] in a
  newspaper of general circulation in the area of the district in
  accordance with Section 4.003, Election Code.
         SECTION 2.  Section 1052.054, Special District Local Laws
  Code, as effective April 1, 2009, is amended to read as follows:
         Sec. 1052.054.  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.
         (b)  A person is not eligible to serve as a director if the
  person is a district employee. [To be eligible to hold office as a
  director, a person must be a resident property-owning taxpaying
  voter of the district.]
         SECTION 3.  Section 1052.110, Special District Local Laws
  Code, as effective April 1, 2009, is amended to read as follows:
         Sec. 1052.110.  CONSTRUCTION CONTRACTS.  A construction
  contract that involves the expenditure of more than the amount
  provided by Section 271.024, Local Government Code, [$2,000] may be
  made only after competitive bidding [advertising] in the manner
  provided by Subchapter B, Chapter 271 [Chapter 252 and Subchapter
  C, Chapter 262], Local Government Code.
         SECTION 4.  Subchapter B, Chapter 1052, Special District
  Local Laws Code, is amended by adding Section 1052.061 to read as
  follows:
         Sec. 1052.061.  RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.  
  (a)  The board may spend district money, enter into agreements, and
  take other necessary action to recruit physicians and other persons
  to serve as medical staff members or district employees, including:
               (1)  advertising and marketing;
               (2)  paying travel, recruitment, and relocation
  expenses; and
               (3)  providing a loan or scholarship to a physician or a
  person who:
                     (A)  is currently enrolled in health care
  education courses at an institution of higher education; and
                     (B)  contractually agrees to become a district
  employee or medical staff member.
         (b)  The board may spend district money, enter into
  agreements, and take other necessary action to pay tuition or other
  expenses of a full-time medical student or other student who:
               (1)  is currently enrolled and in good standing in a
  medical school or another health care program at an institution of
  higher education; and
               (2)  contractually agrees to become a district employee
  or independent contractor for the district.
         SECTION 5.  Subchapter D, Chapter 1052, Special District
  Local Laws Code, as effective April 1, 2009, is amended by adding
  Section 1052.160 to read as follows:
         Sec. 1052.160.  GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
  (a) 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 following the date of the pledge that is not
  pledged to pay the principal of or interest on district bonds; or
               (3)  a district bond that has 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.
         SECTION 6.  Subchapter E, Chapter 1052, Special District
  Local Laws Code, as effective April 1, 2009, is amended by adding
  Sections 1052.209 and 1052.210 to read as follows:
         Sec. 1052.209.  ADDITIONAL MEANS OF SECURING REPAYMENT OF
  BONDS. In addition to the authority to issue general obligation
  bonds and revenue bonds under this subchapter, the board may
  provide for the security and payment of district bonds from a pledge
  of a combination of ad valorem taxes as authorized by Section
  1052.202 and revenue and other sources authorized by Section
  1052.204.
         Sec. 1052.210.  USE OF BOND PROCEEDS. The district may use
  the proceeds of bonds issued under this subchapter to pay:
               (1)  any expense the board determines is reasonable and
  necessary to issue, sell, and deliver the bonds;
               (2)  interest payments on the bonds during a period of
  acquisition or construction of a project or facility to be provided
  through the bonds, not to exceed five years;
               (3)  costs related to the operation and maintenance of
  a project or facility to be provided through the bonds:
                     (A)  during an estimated period of acquisition or
  construction, not to exceed five years; and
                     (B)  for one year after the project or facility is
  acquired or constructed;
               (4)  costs related to the financing of the bond funds,
  including debt service reserve and contingency funds;
               (5)  costs related to the bond issuance;
               (6)  costs related to the acquisition of land or
  interests in land for a project or facility to be provided through
  the bonds; and
               (7)  costs of construction of a project or facility to
  be provided through the bonds, including the payment of related
  professional services and expenses.
         SECTION 7.  Chapter 1052, Special District Local Laws Code,
  as effective April 1, 2009, is amended by adding Subchapter G to
  read as follows:
  SUBCHAPTER G. DISSOLUTION
         Sec. 1052.301.  DISSOLUTION; ELECTION. (a)  The district
  may be dissolved only on approval of a majority of the district
  voters voting in an election held for that purpose.
         (b)  The board may order an election on the question of
  dissolving the district and disposing of the district's assets and
  obligations.
         (c)  The board shall order an election if the board receives
  a petition requesting an election that is signed by at least 15
  percent of the registered voters in the district.
         (d)  The order calling the election must state:
               (1)  the nature of the election, including the
  proposition to appear on the ballot;
               (2)  the date of the election;
               (3)  the hours during which the polls will be open; and
               (4)  the location of the polling places.
         (e)  Section 41.001(a), Election Code, does not apply to an
  election ordered under this section.
         Sec. 1052.302.  NOTICE OF ELECTION. (a)  The board shall
  give notice of an election under this subchapter by publishing once
  a week for two consecutive weeks a substantial copy of the election
  order in a newspaper with general circulation in the district.
         (b)  The first publication of the notice must appear not
  later than the 35th day before the date of the election.
         Sec. 1052.303.  BALLOT. The ballot for an election under
  this subchapter must be printed to permit voting for or against the
  proposition: "The dissolution of the Lockney General Hospital
  District."
         Sec. 1052.304.  ELECTION RESULTS. (a)  If a majority of the
  votes in an election under this subchapter favor dissolution, the
  board shall find that the district is dissolved.
         (b)  If a majority of the votes in the election do not favor
  dissolution, the board shall continue to administer the district
  and another election on the question of dissolution may not be held
  before the first anniversary of the date of the most recent election
  on the question of dissolution.
         Sec. 1052.305.  TRANSFER OF ADMINISTRATION OF ASSETS. (a)  
  If a majority of the votes in the election held under this
  subchapter favor dissolution, the board shall:
               (1)  transfer the land, buildings, improvements,
  equipment, and other assets that belong to the district to Floyd
  County or another governmental entity in Floyd County; or
               (2)  administer the property, assets, and debts until
  all money has been disposed of and all district debts have been paid
  or settled.
         (b)  If the district makes the transfer under Subsection
  (a)(1), the county or entity assumes all debts and obligations of
  the district at the time of the transfer, and the district is
  dissolved.
         (c)  If Subsection (a)(1) does not apply and the board
  administers the property, assets, and debts of the district under
  Subsection (a)(2), the district is dissolved when all money has
  been disposed of and all district debts have been paid or settled.
         Sec. 1052.306.  IMPOSITION OF TAX AND RETURN OF SURPLUS
  TAXES. (a)  After the board finds that the district is dissolved,
  the board shall:
               (1)  determine the debt owed by the district; and
               (2)  impose on the property included in the district's
  tax rolls a tax that is in proportion of the debt to the property
  value.
         (b)  On the payment of all outstanding debts and obligations
  of the district, the board shall order the secretary to return to
  each district taxpayer the taxpayer's pro rata share of all unused
  tax money.
         (c)  A taxpayer may request that the taxpayer's share of
  surplus tax money be credited to the taxpayer's county taxes. If a
  taxpayer requests the credit, the board shall direct the secretary
  to transmit the money to the county tax assessor-collector.
         Sec. 1052.307.  REPORT; DISSOLUTION ORDER. (a) After the
  district has paid all its debts and has disposed of all its money
  and other assets as prescribed by this subchapter, the board shall
  file a written report with the Commissioners Court of Floyd County
  summarizing the board's actions in dissolving the district.
         (b)  Not later than the 10th day after the date the
  Commissioners Court of Floyd County receives the report and
  determines that the requirements of this subchapter have been
  fulfilled, the commissioners court shall enter an order dissolving
  the district and releasing the board from any further duty or
  obligation.
         SECTION 8.  Sections 1052.053 and 1052.056(b), Special
  District Local Laws Code, as effective April 1, 2009, are repealed.
         SECTION 9.  The changes in law made by this Act to the
  qualifications of and the prohibitions applying to members of the
  board of directors of the Lockney General Hospital District do not
  affect the entitlement of a member serving on the board immediately
  before the effective date of this Act to continue to carry out the
  functions of the board for the remainder of the member's term.  The
  changes in law apply only to a member appointed on or after the
  effective date of this Act.  This Act does not prohibit a person who
  is a member of the board on the effective date of this Act from being
  reappointed to the board if the person has the qualifications
  required for membership under Section 1052.054, 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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4745 was passed by the House on May
  12, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4745 was passed by the Senate on May
  25, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor