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AN ACT
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relating to the dissolution of the Ballinger Memorial Hospital |
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District and the North Runnels County Hospital District and the |
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creation of the Runnels County Hospital District; granting the |
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authority to impose a tax and issue bonds; granting the power of |
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eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DISSOLUTION OF BALLINGER MEMORIAL HOSPITAL DISTRICT ON |
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CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
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SECTION 1.01. Chapter 1004, Special District Local Laws |
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Code, is amended by adding Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. DISSOLUTION OF BALLINGER MEMORIAL HOSPITAL |
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DISTRICT ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
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Sec. 1004.171. DISSOLUTION; ELECTION. (a) The board may |
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order an election on the question of the dissolution of the |
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district, creation of the Runnels County Hospital District, |
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transfer of the district's assets and obligations to the Runnels |
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County Hospital District, and assumption of the district's |
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outstanding debts by the Runnels County Hospital District. |
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(b) The board shall order the election if: |
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(1) the board receives a petition requesting an |
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election that is signed by at least 50 of the district's registered |
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voters; or |
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(2) the board receives notice that the board of |
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directors of the North Runnels County Hospital District intends to |
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order an election to dissolve the North Runnels County Hospital |
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District and create the Runnels County Hospital District under |
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Section 20c, Chapter 206, Acts of the 61st Legislature, Regular |
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Session, 1969. |
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(c) If the board intends to hold an election under this |
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subchapter, the board shall notify the board of directors of the |
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North Runnels County Hospital District and the Runnels County |
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Commissioners Court of that intention. |
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(d) The election held under this subchapter shall be held on |
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the same date as the election to dissolve the North Runnels County |
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Hospital District and create the Runnels County Hospital District |
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under Section 20c, Chapter 206, Acts of the 61st Legislature, |
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Regular Session, 1969, and the election in the portion of the county |
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not included in a hospital district to create the Runnels County |
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Hospital District. The board shall coordinate with the board of |
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directors of the North Runnels County Hospital District and the |
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Commissioners Court of Runnels County in setting the election date |
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under this section. |
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(e) The order calling the election must state: |
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(1) the nature of the election, including the |
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proposition that is to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; and |
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(4) the location of the polling places. |
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(f) Section 41.001, Election Code, does not apply to an |
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election ordered under this section. |
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Sec. 1004.172. NOTICE OF ELECTION. (a) The board shall |
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give notice of an election under this subchapter by publishing a |
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substantial copy of the election order in a newspaper with general |
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circulation in the district once a week for two consecutive weeks. |
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(b) The first publication must appear not later than the |
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35th day before the date set for the election. |
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Sec. 1004.173. BALLOT. The ballot for an election under |
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this subchapter must be printed to permit voting for or against the |
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proposition: "The dissolution of the Ballinger Memorial Hospital |
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District and the creation of the Runnels County Hospital District, |
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providing for the imposition of an ad valorem tax at a rate not to |
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exceed ____ cents (insert any rate not to exceed 75 cents) on each |
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$100 valuation of taxable property in Runnels County, and providing |
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for the transfer to and assumption by the Runnels County Hospital |
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District of all outstanding bonds and other obligations issued for |
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hospital purposes by the Ballinger Memorial Hospital District, |
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Runnels County, and any part of a municipality located in Runnels |
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County, and the transfer of the existing Ballinger Memorial |
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Hospital District's assets to the Runnels County Hospital |
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District." |
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Sec. 1004.174. ELECTION RESULTS. (a) The board shall find |
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that the district is dissolved if: |
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(1) a majority of the votes in an election under this |
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subchapter favor dissolution of the district and creation of the |
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Runnels County Hospital District; |
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(2) a majority of the votes in an election held on the |
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same date under Section 20c, Chapter 206, Acts of the 61st |
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Legislature, Regular Session, 1969, favor dissolution of the North |
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Runnels County Hospital District and creation of the Runnels County |
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Hospital District; and |
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(3) a cumulative majority of the votes in all three |
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elections held on the question of creating the Runnels County |
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Hospital District favor creation of the district. |
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(b) If a majority of the votes in either election under |
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Subdivision (a)(1) or (2) do not favor dissolution of the district |
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and creation of the Runnels County Hospital District, or if a |
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cumulative majority of the votes in all three elections held on the |
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question of creating the Runnels County Hospital District do not |
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favor creation of the district, the board shall continue to |
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administer the district, and another election on the question of |
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dissolution under this subchapter may not be held before the first |
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anniversary of the date of the most recent election under this |
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subchapter to dissolve the district. |
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Sec. 1004.175. TRANSFER OR ADMINISTRATION OF ASSETS. |
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(a) If a majority of the votes in both elections under Sections |
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1004.174(a)(1) and (2) favor dissolution of the district and |
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creation of the Runnels County Hospital District, and a cumulative |
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majority of the votes in all three elections held on the question of |
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creating the Runnels County Hospital District favor creation of the |
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district, the board shall transfer the land, buildings, |
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improvements, equipment, and other assets belonging to the district |
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to the Runnels County Hospital District. |
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(b) On the date the district makes the transfer under |
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Subsection (a), the Runnels County Hospital District assumes all |
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debts and obligations of the district at the time of the transfer. |
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The district is dissolved at the time of the transfer and the board |
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is released from any further duty or obligation. |
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SECTION 1.02. On the dissolution of the Ballinger Memorial |
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Hospital District and the approval of the creation of the Runnels |
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County Hospital District, a reference in any law to the Ballinger |
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Memorial Hospital District means the Runnels County Hospital |
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District. |
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SECTION 1.03. (a) An election to dissolve the Ballinger |
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Memorial Hospital District and create the Runnels County Hospital |
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District must be held not later than the fifth anniversary of the |
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effective date of this Act. |
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(b) If the dissolution of the Ballinger Memorial Hospital |
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District and creation of the Runnels County Hospital District are |
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not approved at an election held not later than the fifth |
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anniversary of the effective date of this Act, Subchapter D-1, |
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Chapter 1004, Special District Local Laws Code, as added by this |
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article, expires. |
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ARTICLE 2. DISSOLUTION OF NORTH RUNNELS COUNTY HOSPITAL DISTRICT |
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ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
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SECTION 2.01. Chapter 206, Acts of the 61st Legislature, |
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Regular Session, 1969, is amended by adding Section 20c to read as |
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follows: |
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Sec. 20c. (a) The board may order an election on the |
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question of the dissolution of the district, creation of the |
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Runnels County Hospital District, transfer of the district's assets |
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and obligations to the Runnels County Hospital District, and |
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assumption of the district's outstanding debts by the Runnels |
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County Hospital District. |
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(b) The board shall order the election if: |
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(1) the board receives a petition requesting an |
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election that is signed by at least 50 of the district's registered |
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voters; or |
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(2) the board receives notice that the board of |
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directors of the Ballinger Memorial Hospital District intends to |
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order an election to dissolve the Ballinger Memorial Hospital |
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District and create the Runnels County Hospital District under |
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Subchapter D-1, Chapter 1004, Special District Local Laws Code. |
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(c) If the board intends to hold an election under this |
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section, the board shall notify the board of directors of the |
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Ballinger Memorial Hospital District and the Runnels County |
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Commissioners Court of that intention. The election held under |
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this section shall be held on the same date as the election to |
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dissolve the Ballinger Memorial Hospital District and create the |
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Runnels County Hospital District under Subchapter D-1, Chapter |
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1004, Special District Local Laws Code, and the election in the |
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portion of the county not included in a hospital district to create |
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the Runnels County Hospital District. The board shall coordinate |
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with the board of directors of the Ballinger Memorial Hospital |
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District and the Commissioners Court of Runnels County in setting |
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the election date under this section. |
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(d) The order calling the election must state: |
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(1) the nature of the election, including the |
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proposition that is to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; and |
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(4) the location of the polling places. |
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(e) Section 41.001, Election Code, does not apply to an |
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election ordered under this section. |
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(f) The board shall give notice of an election under this |
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subchapter by publishing a substantial copy of the election order |
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in a newspaper with general circulation in the district once a week |
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for two consecutive weeks. The first publication must appear not |
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later than the 35th day before the date set for the election. |
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(g) The ballot for an election under this subchapter must be |
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printed to permit voting for or against the proposition: "The |
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dissolution of the North Runnels County Hospital District and the |
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creation of the Runnels County Hospital District, providing for the |
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imposition of an ad valorem tax at a rate not to exceed ____ cents |
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(insert any rate not to exceed 75 cents) on each $100 valuation of |
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taxable property in Runnels County, and providing for the transfer |
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to and assumption by the Runnels County Hospital District of all |
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outstanding bonds and other obligations issued for hospital |
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purposes by the North Runnels County Hospital District, Runnels |
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County, and any part of a municipality located in Runnels County, |
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and the transfer of the existing North Runnels County Hospital |
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District's assets to the Runnels County Hospital District." |
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(h) The board shall find that the district is dissolved if: |
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(1) a majority of the votes in an election under this |
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section favor dissolution of the district and creation of the |
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Runnels County Hospital District; |
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(2) a majority of the votes in an election held on the |
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same date under Subchapter D-1, Chapter 1004, Special District |
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Local Laws Code, favor dissolution of the Ballinger Memorial |
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Hospital District and creation of the Runnels County Hospital |
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District; and |
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(3) a cumulative majority of the votes in all three |
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elections held on the question of creating the Runnels County |
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Hospital District favor creation of the district. |
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(i) If a majority of the votes in either election under |
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Subdivision (h)(1) or (2) of this section do not favor dissolution |
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of the district and creation of the Runnels County Hospital |
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District, or if a cumulative majority of the votes in all three |
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elections held on the question of creating the Runnels County |
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Hospital District do not favor creation of the district, the board |
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shall continue to administer the district, and another election on |
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the question of dissolution under this section may not be held |
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before the first anniversary of the date of the most recent election |
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under this section to dissolve the district. |
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(j) If a majority of the votes in both elections under |
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Subdivisions (h)(1) and (2) of this section favor dissolution of |
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the district and creation of the Runnels County Hospital District, |
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and a cumulative majority of the votes in all three elections held |
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on the question of creating the Runnels County Hospital District |
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favor creation of the district, the board shall transfer the land, |
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buildings, improvements, equipment, and other assets belonging to |
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the district to the Runnels County Hospital District. |
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(k) On the date the district makes the transfer under |
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Subsection (j) of this section, the Runnels County Hospital |
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District assumes all debts and obligations of the district at the |
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time of the transfer. The district is dissolved at the time of the |
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transfer and the board is released from any further duty or |
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obligation. |
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SECTION 2.02. On the dissolution of the North Runnels |
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County Hospital District and the approval of the creation of the |
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Runnels County Hospital District, a reference in any law to the |
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North Runnels County Hospital District means the Runnels County |
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Hospital District. |
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SECTION 2.03. (a) An election to dissolve the North |
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Runnels County Hospital District and create the Runnels County |
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Hospital District must be held not later than the fifth anniversary |
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of the effective date of this Act. |
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(b) If the dissolution of the North Runnels County Hospital |
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District and creation of the Runnels County Hospital District are |
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not approved at an election held not later than the fifth |
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anniversary of the effective date of this Act, Section 20c, Chapter |
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206, Acts of the 61st Legislature, Regular Session, 1969, as added |
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by this article, expires. |
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ARTICLE 3. CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
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SECTION 3.01. Subtitle A, Title 3, Special District Local |
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Laws Code, is amended by adding Chapter 1072 to read as follows: |
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CHAPTER 1072. RUNNELS COUNTY HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1072.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Runnels County Hospital |
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District. |
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Sec. 1072.002. AUTHORITY FOR OPERATION. The Runnels County |
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Hospital District operates and is financed as provided by Section |
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9, Article IX, Texas Constitution, and by this chapter. |
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Sec. 1072.003. ESSENTIAL PUBLIC FUNCTION. The district is |
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a public entity performing an essential public function. |
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Sec. 1072.004. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Runnels County, |
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Texas. |
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Sec. 1072.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
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OBLIGATION. The state may not be obligated for the support or |
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maintenance of the district. |
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Sec. 1072.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
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The legislature may not make a direct appropriation for the |
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construction, maintenance, or improvement of a district facility. |
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[Sections 1072.007-1072.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 1072.021. (a) The Commissioners Court of Runnels |
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County shall order an election for the registered voters of Runnels |
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County who do not reside in the Ballinger Memorial Hospital |
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District or the North Runnels County Hospital District on the |
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question of creating the Runnels County Hospital District if the |
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commissioners court receives notice that: |
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(1) the board of directors of the Ballinger Memorial |
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Hospital District intends to order an election to dissolve the |
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Ballinger Memorial Hospital District and create the Runnels County |
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Hospital District under Subchapter D-1, Chapter 1004; and |
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(2) the board of directors of the North Runnels County |
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Hospital District intends to order an election to dissolve the |
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North Runnels County Hospital District and create the Runnels |
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County Hospital District under Section 20c, Chapter 206, Acts of |
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the 61st Legislature, Regular Session, 1969. |
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(b) The Commissioners Court of Runnels County shall notify |
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the boards of directors of the Ballinger Memorial Hospital District |
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and the North Runnels County Hospital District that the |
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commissioners court intends to hold the election under this |
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section. |
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(c) The election held under this section shall be held on |
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the same date as the elections to dissolve the Ballinger Memorial |
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Hospital District and the North Runnels County Hospital District |
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and to create the Runnels County Hospital District. The |
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Commissioners Court of Runnels County shall coordinate with the |
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boards of directors of the Ballinger Memorial Hospital District and |
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the North Runnels County Hospital District in setting the election |
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date under this section. |
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(d) The order calling the election under this section must |
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state: |
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(1) the nature of the election, including the |
|
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proposition that is to appear on the ballot; |
|
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(2) the date of the election; |
|
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(3) the hours during which the polls will be open; and |
|
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(4) the location of the polling places. |
|
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(e) Section 41.001, Election Code, does not apply to an |
|
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election ordered under this section. |
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(f) The Commissioners Court of Runnels County shall give |
|
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notice of an election under this section by publishing a |
|
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substantial copy of the election order in a newspaper with general |
|
|
circulation in Runnels County once a week for two consecutive |
|
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weeks. The first publication must appear not later than the 35th |
|
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day before the date set for the election. |
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(g) The ballot for an election under this section must be |
|
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printed to permit voting for or against the proposition: "The |
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creation of the Runnels County Hospital District, providing for the |
|
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imposition of an ad valorem tax at a rate not to exceed ___ cents |
|
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(insert any rate not to exceed 75 cents) on each $100 valuation of |
|
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taxable property in Runnels County. |
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(h) The Commissioners Court of Runnels County shall find |
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that the Runnels County Hospital District is created if: |
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(1) a majority of the votes in an election held on the |
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same date under Subchapter D-1, Chapter 1004, favor dissolution of |
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the Ballinger Memorial Hospital District and creation of the |
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Runnels County Hospital District; |
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(2) a majority of the votes in an election held on the |
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same date under Section 20c, Chapter 206, Acts of the 61st |
|
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Legislature, Regular Session, 1969, favor dissolution of the North |
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Runnels County Hospital District and creation of the Runnels County |
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Hospital District; and |
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(3) a cumulative majority of the votes held in the |
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election called by the commissioners court and in the elections |
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described by Subdivisions (1) and (2) favor creation of the Runnels |
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County Hospital District. |
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Sec. 1072.022. TEMPORARY DIRECTORS. (a) If the creation |
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of the district is approved at the elections held under Subchapter |
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D-1, Chapter 1004, Section 20c, Chapter 206, Acts of the 61st |
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Legislature, Regular Session, 1969, and Section 1072.021, the |
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following persons shall serve as temporary directors of the Runnels |
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County Hospital District: |
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(1) Lewis Bergman; |
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(2) Charles Brown; |
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(3) Mike Dankworth; |
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(4) Rodney Flanagan; |
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(5) Bill Hunter; |
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(6) Paul Sklenarik; |
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(7) Dewey Whitfield. |
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(b) The temporary board shall serve as the temporary |
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directors of the district until the initial elected directors take |
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office under Section 1072.025. |
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(c) A vacancy on the temporary board of directors shall be |
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filled by the Commissioners Court of Runnels County. |
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(d) To serve as a temporary director, a person must be: |
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(1) a resident of the district; and |
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(2) a qualified voter. |
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(e) An employee of the district may not serve as a temporary |
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director. |
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Sec. 1072.023. TEMPORARY OFFICERS. (a) The temporary |
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board shall elect a president and a vice president from among the |
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temporary directors. |
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(b) The temporary board shall appoint a secretary, who need |
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not be a temporary director. |
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(c) The temporary board shall fill a vacancy in a board |
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office for the remainder of the unexpired term. |
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Sec. 1072.024. ELECTION OF INITIAL ELECTED DIRECTORS. |
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(a) The temporary directors shall hold an election to elect seven |
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initial directors on the first uniform election date in May that |
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occurs after the date the district is created. One initial director |
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shall be elected from each commissioners precinct of Runnels County |
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and three initial directors shall be elected from the district at |
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large. |
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(b) The temporary directors may postpone the election under |
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Subsection (a) for not more than one year or until the next uniform |
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election date if the temporary directors determine that there is |
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not sufficient time to comply with the requirements of this section |
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or if the temporary directors determine that it is in the best |
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interests of the district to maintain the temporary directors for |
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another year. |
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(c) Notice of the election of the initial directors shall be |
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published at least once in a newspaper of general circulation in the |
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district in accordance with Section 4.003(a), Election Code. |
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Sec. 1072.025. INITIAL ELECTED DIRECTORS. (a) The |
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candidate receiving the highest number of votes from each |
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commissioners precinct of Runnels County is the initial elected |
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director for that precinct, and the three candidates receiving the |
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highest number of votes from the district at large are the initial |
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elected directors for the district at large. |
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(b) Initial elected directors serve three-year terms. |
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(c) To be a candidate for or to serve as an initial elected |
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director, a person must be: |
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(1) a resident of the district; and |
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(2) a qualified voter. |
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(d) An employee of the district may not serve as an initial |
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elected director. |
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Sec. 1072.026. INITIAL ELECTED OFFICERS. (a) The initial |
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elected board shall elect a president and a vice president from |
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among the initial elected directors. |
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(b) The initial elected board shall appoint a secretary, who |
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need not be an initial elected director. |
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(c) The initial elected board shall fill a vacancy in a |
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|
board office for the remainder of the unexpired term. |
|
|
Sec. 1072.027. PROCEDURE FOR ELECTION OF PERMANENT |
|
|
DIRECTORS. Not later than the date the terms of the initial elected |
|
|
directors expire, the initial elected board shall adopt a procedure |
|
|
for the election of directors under Section 1072.051. The |
|
|
procedure must provide for appropriate representation of the |
|
|
residents of the district and must provide for the first election of |
|
|
permanent directors to occur on the first uniform election date in |
|
|
May that occurs at the end of the initial directors' terms. |
|
|
[Sections 1072.028-1072.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1072.051. BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected in the manner prescribed by the |
|
|
initial directors under Section 1072.026. |
|
|
(b) An election shall be held each year on the uniform |
|
|
election date in May to elect the appropriate number of directors. |
|
|
(c) Directors serve staggered three-year terms. |
|
|
Sec. 1072.052. NOTICE. Notice of the directors' election |
|
|
shall be published at least once in a newspaper with general |
|
|
circulation in the district in accordance with Section 4.003(a), |
|
|
Election Code. |
|
|
Sec. 1072.053. QUALIFICATIONS FOR OFFICE. (a) To be a |
|
|
candidate for or to serve as a director, a person must be: |
|
|
(1) a resident of the district; and |
|
|
(2) a qualified voter. |
|
|
(b) An administrator or an employee of the district may not |
|
|
serve as a director. |
|
|
Sec. 1072.054. DIRECTOR'S BOND. (a) Before assuming the |
|
|
duties of office, each director must execute a bond in the amount of |
|
|
$5,000 payable to the district and conditioned on the faithful |
|
|
performance of the director's duties. |
|
|
(b) The bond shall be kept in the permanent records of the |
|
|
district. |
|
|
(c) The board may pay for a director's bond with district |
|
|
money. |
|
|
Sec. 1072.055. BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the remainder of the unexpired term. |
|
|
Sec. 1072.056. OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among the directors. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves a one-year term. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
remainder of the unexpired term. |
|
|
Sec. 1072.057. COMPENSATION; REIMBURSEMENT. A director or |
|
|
officer serves without compensation but may be reimbursed for |
|
|
actual expenses incurred in the performance of official duties. |
|
|
The expenses must be: |
|
|
(1) reported in the district's records; and |
|
|
(2) approved by the board. |
|
|
Sec. 1072.058. VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in matters relating |
|
|
to district business. |
|
|
Sec. 1072.059. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S |
|
|
BOND. (a) The board may appoint a qualified person as district |
|
|
administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board. |
|
|
(c) The district administrator is entitled to compensation |
|
|
determined by the board. |
|
|
(d) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond payable to the district in an |
|
|
amount not less than $5,000, as determined by the board, |
|
|
conditioned on the faithful performance of the administrator's |
|
|
duties. |
|
|
(e) The board may pay for the bond with district money. |
|
|
Sec. 1072.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
|
Subject to the limitations prescribed by the board, the district |
|
|
administrator shall: |
|
|
(1) supervise the work and activities of the district; |
|
|
and |
|
|
(2) direct the general affairs of the district. |
|
|
Sec. 1072.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
|
(a) The board may appoint qualified persons as assistant district |
|
|
administrator and attorney for the district. |
|
|
(b) The assistant district administrator and attorney for |
|
|
the district serve at the will of the board. |
|
|
(c) The assistant district administrator and attorney for |
|
|
the district are entitled to compensation determined by the board. |
|
|
Sec. 1072.062. EMPLOYEES. (a) The district may employ |
|
|
nurses, technicians, fiscal agents, accountants, architects, |
|
|
additional attorneys, and other necessary employees. |
|
|
(b) The board may delegate to the district administrator the |
|
|
authority to employ persons for the district. |
|
|
Sec. 1072.063. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
|
The board may spend district money, enter into agreements, and take |
|
|
other necessary actions to recruit physicians and other persons to |
|
|
serve as medical staff members or district employees. The actions |
|
|
may include: |
|
|
(1) advertising and marketing; |
|
|
(2) paying travel, recruitment, and relocation |
|
|
expenses; |
|
|
(3) providing a loan or scholarship to a physician or a |
|
|
person currently enrolled in health care education courses at an |
|
|
institution of higher education who contracts to become a medical |
|
|
staff member or district employee; or |
|
|
(4) contracting with a full-time medical student or |
|
|
other student in a health occupation who is enrolled in and in good |
|
|
standing at an accredited medical school, college, or university to |
|
|
pay the student's tuition or other expenses for the consideration |
|
|
of the student agreeing to serve as an employee or independent |
|
|
contractor for the district. |
|
|
Sec. 1072.064. APPOINTMENT AND REMOVAL OF MEDICAL STAFF. |
|
|
The board may: |
|
|
(1) appoint to the medical staff any doctor the board |
|
|
considers necessary for the efficient operation of the district; |
|
|
(2) remove any doctor from the medical staff, after |
|
|
due process, if the board considers the doctor's removal necessary |
|
|
for the efficient operation of the district; and |
|
|
(3) make temporary appointments to the medical staff |
|
|
as the board considers necessary. |
|
|
Sec. 1072.065. RETIREMENT BENEFITS. The board may provide |
|
|
retirement benefits for district employees by: |
|
|
(1) establishing or administering a retirement |
|
|
program; or |
|
|
(2) participating in: |
|
|
(A) the Texas County and District Retirement |
|
|
System; or |
|
|
(B) another statewide retirement system in which |
|
|
the district is eligible to participate. |
|
|
[Sections 1072.066-1072.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1072.101. DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating hospital facilities and |
|
|
providing medical and hospital care for the district's needy |
|
|
residents. |
|
|
Sec. 1072.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the money and resources of the district. |
|
|
Sec. 1072.103. RULES. The board may adopt rules governing: |
|
|
(1) the operation of the hospital and hospital system; |
|
|
and |
|
|
(2) the duties, functions, and responsibilities of |
|
|
district staff and employees. |
|
|
Sec. 1072.104. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method of making purchases and expenditures by |
|
|
and for the district; and |
|
|
(2) accounting and control procedures for the |
|
|
district. |
|
|
Sec. 1072.105. PROVISION OF CERTAIN HEALTH SERVICES. |
|
|
(a) The district may operate or provide for the operation of a |
|
|
mobile emergency medical service. |
|
|
(b) The district may operate or provide for home health |
|
|
services, long-term care, skilled nursing care, intermediate |
|
|
nursing care, or hospice care. |
|
|
Sec. 1072.106. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine: |
|
|
(1) the type, number, and location of buildings |
|
|
required to maintain an adequate hospital system; and |
|
|
(2) the type of equipment necessary for hospital care. |
|
|
(b) The board may: |
|
|
(1) acquire property, facilities, and equipment for |
|
|
the district for use in the hospital system; |
|
|
(2) mortgage or pledge the property, facilities, or |
|
|
equipment as security for payment of the purchase price; |
|
|
(3) sell or otherwise dispose of property, facilities, |
|
|
or equipment for the district; or |
|
|
(4) lease hospital facilities for the district. |
|
|
Sec. 1072.107. OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into operating or management contracts relating to |
|
|
hospital facilities for the district. |
|
|
Sec. 1072.108. SERVICE CONTRACTS. (a) The board may |
|
|
contract with a public or private hospital, a political subdivision |
|
|
of the state, or a state or federal agency for the district to |
|
|
provide a mobile emergency medical service or other health care |
|
|
services needed to provide for the investigatory or welfare needs |
|
|
of residents of the district. |
|
|
(b) The board may contract with a person to receive or |
|
|
supply the services the board considers necessary for the effective |
|
|
operation of the district. |
|
|
Sec. 1072.109. EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in property located in district territory if the |
|
|
interest is necessary for the district to exercise the rights or |
|
|
authority conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except that the |
|
|
district is not required to deposit with the trial court money or a |
|
|
bond as provided by Section 21.021(a), Property Code. |
|
|
(c) In a condemnation proceeding brought by the district, |
|
|
the district is not required to: |
|
|
(1) pay in advance or provide bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide bond for the issuance of a temporary |
|
|
restraining order or a temporary injunction; or |
|
|
(3) provide a bond for costs or a supersedeas bond on |
|
|
an appeal or writ of error. |
|
|
Sec. 1072.110. COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
|
altering the construction of any railroad, highway, pipeline, or |
|
|
electric transmission and electric distribution, telegraph, or |
|
|
telephone line, conduit, pole, or facility, the district shall pay |
|
|
the actual cost of that activity to provide a comparable |
|
|
replacement, without enhancement of facilities, after deducting |
|
|
the net salvage value derived from the old facility. |
|
|
Sec. 1072.111. GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust for any |
|
|
purpose and under any direction, limitation, or provision in |
|
|
writing by the donor that is consistent with the proper management |
|
|
of the district. |
|
|
Sec. 1072.112. PAYMENT FOR TREATMENT; PROCEDURES. |
|
|
(a) When a person who resides in the district is admitted as a |
|
|
patient to a district facility, the district administrator may have |
|
|
an inquiry made into the financial circumstances of: |
|
|
(1) the patient; and |
|
|
(2) a relative of the patient who is legally |
|
|
responsible for the patient's support. |
|
|
(b) To the extent that the patient or a relative of the |
|
|
patient who is legally responsible for the patient's support cannot |
|
|
pay for care and treatment provided by the district, the district |
|
|
shall supply the care and treatment without charging the patient or |
|
|
the patient's relative. |
|
|
(c) On determining that the patient or a relative legally |
|
|
responsible for the patient's support can pay for all or part of the |
|
|
care and treatment provided by the district, the district |
|
|
administrator shall report that determination to the board, and the |
|
|
board shall issue an order directing the patient or the relative to |
|
|
pay the district a specified amount each week. The amount must be |
|
|
based on the person's ability to pay. |
|
|
(d) The district administrator may collect money owed to the |
|
|
district from the patient's estate or from that of a relative |
|
|
legally responsible for the patient's support in the manner |
|
|
provided by law for the collection of expenses in the last illness |
|
|
of a deceased person. |
|
|
(e) If there is a dispute relating to a person's ability to |
|
|
pay or if the district administrator has any doubt concerning a |
|
|
person's ability to pay, the board shall call witnesses, hear and |
|
|
resolve the question, and issue a final order. The order may be |
|
|
appealed to a district court in the county in which the district is |
|
|
located. The substantial evidence rule applies to an appeal under |
|
|
this subsection. |
|
|
Sec. 1072.113. REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside of the district to reimburse the district for the |
|
|
district's care and treatment of a sick or injured person of that |
|
|
county, municipality, or hospital, as provided by Chapter 61, |
|
|
Health and Safety Code. |
|
|
(b) The board shall require the sheriff of Runnels County to |
|
|
reimburse the district for the district's care and treatment of a |
|
|
person who is confined in a jail facility of Runnels County and is |
|
|
not a resident of the district. |
|
|
(c) On behalf of the district, the board may contract with |
|
|
the state or federal government for that government to reimburse |
|
|
the district for treatment of a sick or injured person. |
|
|
Sec. 1072.114. NONPROFIT CORPORATION. (a) The district |
|
|
may create and sponsor a nonprofit corporation under the Business |
|
|
Organizations Code and may contribute money to or solicit money for |
|
|
the corporation. |
|
|
(b) A corporation created under this section may use money |
|
|
contributed by the district only to provide health care or other |
|
|
services the district is authorized to provide under this chapter. |
|
|
(c) The corporation may invest the corporation's money in |
|
|
any manner in which the district may invest the district's money, |
|
|
including investing money as authorized by Chapter 2256, Government |
|
|
Code. |
|
|
(d) The board shall establish controls to ensure that the |
|
|
corporation uses its money as required by this section. |
|
|
Sec. 1072.115. AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. |
|
|
Sec. 1072.116. CONSTRUCTION CONTRACTS; ADVERTISING FOR |
|
|
CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a |
|
|
construction contract on the district's behalf. |
|
|
(b) The board may enter into a construction contract only |
|
|
after competitive bidding as provided by Subchapter B, Chapter 271, |
|
|
Local Government Code, if the amount of the contract is greater than |
|
|
the amount provided by Section 271.024 of that code. |
|
|
[Sections 1072.117-1072.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1072.151. BUDGET. (a) The district administrator |
|
|
shall prepare a proposed annual budget for the district. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement, including a statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the amount of cash on hand to the credit of each |
|
|
fund of the district; |
|
|
(3) the amount of money received by the district from |
|
|
all sources during the previous year; |
|
|
(4) the amount of money available to the district from |
|
|
all sources during the ensuing year; |
|
|
(5) the amount of the balances expected at the end of |
|
|
the year in which the budget is being prepared; |
|
|
(6) the estimated amount of revenues and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. |
|
|
Sec. 1072.152. NOTICE; HEARING; ADOPTION OF BUDGET. |
|
|
(a) The board shall hold a public hearing on the proposed budget. |
|
|
(b) The board shall publish notice of the hearing in a |
|
|
newspaper with general circulation in the district not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district resident is entitled to be present and |
|
|
participate at the hearing. |
|
|
(d) At the conclusion of the hearing, the board shall adopt |
|
|
a budget by acting on the budget proposed by the district |
|
|
administrator. The board may make a change in the proposed budget |
|
|
that the board determines to be in the interests of the taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. |
|
|
Sec. 1072.153. AMENDMENT OF BUDGET. After the budget is |
|
|
adopted, the budget may be amended on the board's approval. |
|
|
Sec. 1072.154. FISCAL YEAR. (a) The district operates |
|
|
according to a fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period in which revenue bonds of the |
|
|
district are outstanding; or |
|
|
(2) more than once in a 24-month period. |
|
|
Sec. 1072.155. ANNUAL AUDIT. The board shall have an annual |
|
|
audit made of the financial condition of the district. |
|
|
Sec. 1072.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records are open to |
|
|
inspection during regular business hours at the principal office of |
|
|
the district. |
|
|
Sec. 1072.157. FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board a sworn statement of the amount of |
|
|
district money and an account of the disbursement of that money. |
|
|
Sec. 1072.158. SHORT-TERM FINANCING. The district may |
|
|
borrow money through short-term financing. |
|
|
Sec. 1072.159. DEBT LIMITATION. Except as provided by |
|
|
Chapter 1207, Government Code, and Sections 1072.116, 1072.201, and |
|
|
1072.204, the district may not incur a debt payable from district |
|
|
revenue other than revenue available in the current fiscal year and |
|
|
the immediately following fiscal year of the district. |
|
|
Sec. 1072.160. DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) The board may solicit bids from local financial |
|
|
institutions to determine which institution may serve as a |
|
|
depository for district money. |
|
|
(c) District money, other than money invested as provided by |
|
|
Section 1072.161 and money transmitted to a bank for payment of |
|
|
bonds or obligations issued or assumed by the district, shall be |
|
|
deposited as received with the depository bank and shall remain on |
|
|
deposit. This subsection does not limit the board's power to place |
|
|
part of the district's money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(d) The district may deposit money with a bank in an amount |
|
|
that exceeds the maximum amount secured by the Federal Deposit |
|
|
Insurance Corporation only if the bank first executes a bond or |
|
|
other security in an amount sufficient to secure from loss the |
|
|
district money that exceeds the amount secured by the Federal |
|
|
Deposit Insurance Corporation. |
|
|
Sec. 1072.161. RESTRICTION ON INVESTMENT. The board may |
|
|
invest operating, depreciation, or building reserves only in funds |
|
|
or securities specified by Chapter 2256, Government Code. |
|
|
[Sections 1072.162-1072.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1072.201. GENERAL OBLIGATION BONDS. If authorized by |
|
|
an election, the board may issue and sell general obligation bonds |
|
|
in the name and on the faith and credit of the district to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings or improvements; |
|
|
(2) equip buildings or improvements for hospital |
|
|
purposes; or |
|
|
(3) acquire and operate a mobile emergency medical |
|
|
service. |
|
|
Sec. 1072.202. TAX TO PAY GENERAL OBLIGATION BONDS. |
|
|
(a) At the time general obligation bonds are issued by the |
|
|
district under Section 1072.201, the board shall impose an ad |
|
|
valorem tax in an amount sufficient to create an interest and |
|
|
sinking fund to pay the principal of and interest on the bonds as |
|
|
the bonds mature. |
|
|
(b) The tax required by this section together with any other |
|
|
tax the district imposes in any year may not exceed the limit |
|
|
approved by the voters at the election authorizing the imposition |
|
|
of taxes. |
|
|
Sec. 1072.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the voters voting in an election held |
|
|
for that purpose. |
|
|
(b) The board may order a bond election. The order calling |
|
|
the election must specify: |
|
|
(1) the nature and date of the election; |
|
|
(2) the hours during which the polls will be open; |
|
|
(3) the location of polling places; |
|
|
(4) the amounts of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(c) Notice of a bond election must be given as provided by |
|
|
Chapter 1251, Government Code. |
|
|
(d) The board shall declare the results of the election. |
|
|
Sec. 1072.204. REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) acquire, purchase, construct, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; |
|
|
(2) acquire sites to be used for hospital purposes; or |
|
|
(3) acquire and operate a mobile emergency medical |
|
|
service to assist the district in carrying out its hospital |
|
|
purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenues derived from the operation of the |
|
|
district's hospital system. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of the district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
|
Health and Safety Code, for issuance of revenue bonds by county |
|
|
hospital authorities. |
|
|
Sec. 1072.205. MATURITY. District bonds must mature not |
|
|
later than 40 years after the date of their issuance. |
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Sec. 1072.206. EXECUTION OF BONDS. (a) The board |
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president shall execute district bonds in the district's name. |
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(b) The board secretary shall countersign the bonds in the |
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manner provided by Chapter 618, Government Code. |
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|
Sec. 1072.207. BONDS NOT SUBJECT TO TAXATION. The |
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following are not subject to taxation by the state or by a political |
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|
subdivision of the state: |
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(1) bonds issued by the district; |
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|
(2) any transaction relating to the bonds; and |
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|
(3) profits made in the sale of the bonds. |
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|
[Sections 1072.208-1072.250 reserved for expansion] |
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SUBCHAPTER F. AD VALOREM TAX |
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Sec. 1072.251. IMPOSITION OF AD VALOREM TAX. (a) The |
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board shall impose a tax on all property in the district subject to |
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|
hospital district taxation. |
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(b) The tax may be used to pay: |
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|
(1) indebtedness issued or assumed by the district; |
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|
and |
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|
(2) the maintenance and operating expenses of the |
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|
district. |
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|
(c) The district may not impose a tax to pay the principal of |
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|
or interest on revenue bonds issued under this chapter. |
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|
Sec. 1072.252. TAX RATE. (a) The board may impose an |
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|
annual tax at a rate not to exceed the limit approved by the voters |
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|
at the election authorizing the imposition of a tax. |
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|
(b) The tax rate on all taxable property in the district for |
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|
all purposes may not exceed 75 cents on each $100 valuation of the |
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|
property according to the most recent certified tax appraisal roll |
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|
of the district. |
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(c) In setting the tax rate, the board shall consider |
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|
district income from sources other than taxation. |
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|
Sec. 1072.253. TAX ASSESSOR-COLLECTOR. The board may |
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|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
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|
as provided by the Tax Code. |
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|
[Sections 1072.254-1072.300 reserved for expansion] |
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SUBCHAPTER G. DISSOLUTION |
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Sec. 1072.301. DISSOLUTION; ELECTION. (a) The district |
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|
may be dissolved only on approval of a majority of the voters voting |
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|
in an election held for that purpose. |
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|
(b) The board may order an election on the question of |
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|
dissolving the district and disposing of the district's assets and |
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|
obligations. |
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|
(c) The board shall order an election if the board receives |
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|
a petition requesting an election that is signed by at least 15 |
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|
percent of the district's registered voters. |
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|
(d) The order calling the election must state: |
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|
(1) the nature of the election, including the |
|
|
proposition that is 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. |
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|
(e) Section 41.001, Election Code, does not apply to an |
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|
election ordered under this section. |
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|
Sec. 1072.302. NOTICE OF ELECTION. (a) The board shall |
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|
give notice of an election under this subchapter by publishing a |
|
|
substantial copy of the election order in a newspaper with general |
|
|
circulation in the district once a week for two consecutive weeks. |
|
|
(b) The first publication must appear not later than the |
|
|
35th day before the date set for the election. |
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|
Sec. 1072.303. BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the North Runnels County Hospital |
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|
District." |
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|
Sec. 1072.304. ELECTION RESULTS. (a) If a majority of the |
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|
votes in an election under this subchapter favor dissolution, the |
|
|
board shall order that the district be dissolved. |
|
|
(b) If a majority of the votes in an election under this |
|
|
subchapter 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 to dissolve the district. |
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|
Sec. 1072.305. TRANSFER OR ADMINISTRATION OF ASSETS. |
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|
(a) If a majority of the votes in an election under this subchapter |
|
|
favor dissolution, the board shall: |
|
|
(1) transfer the land, buildings, improvements, |
|
|
equipment, and other assets belonging to the district to Runnels |
|
|
County or another governmental entity in Runnels County; or |
|
|
(2) administer the property, assets, and debts of the |
|
|
district until all money has been disposed of and all district debts |
|
|
have been paid or settled. |
|
|
(b) If the district makes a transfer under Subsection |
|
|
(a)(1), the county or governmental entity assumes all debts and |
|
|
obligations of the district at the time of the transfer. The |
|
|
district is dissolved at the time of the transfer. |
|
|
(c) If the district 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. |
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|
Sec. 1072.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) After the board determines 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 funds to the county tax assessor-collector. |
|
|
Sec. 1072.307. 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 Runnels |
|
|
County summarizing the board's actions in dissolving the district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Runnels 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 3.02. The members of the board of directors of the |
|
|
Runnels County Hospital District elected at the first election held |
|
|
under Section 1072.051, Special District Local Laws Code, as added |
|
|
by this Act, shall draw lots to determine the terms each director |
|
|
serves. Three directors shall serve two-year terms and four |
|
|
directors shall serve three-year terms. Successor directors shall |
|
|
serve three-year terms. |
|
|
SECTION 3.03. If the creation of the Runnels County |
|
|
Hospital District is not approved at an election held not later than |
|
|
the fifth anniversary of the effective date of this Act, Chapter |
|
|
1072, Special District Local Laws Code, as added by this article, |
|
|
expires. |
|
|
ARTICLE 4. EFFECTIVE DATE |
|
|
SECTION 4.01. 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. |
|
|
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| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2517 passed the Senate on |
|
|
April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2517 passed the House on |
|
|
May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
|
|
present not voting. |
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| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
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| |
|
|
Approved: |
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|
______________________________ |
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|
Date |
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|
______________________________ |
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Governor |