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A BILL TO BE ENTITLED
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AN ACT
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relating to the Hidalgo County Healthcare District; decreasing the |
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possible maximum rate of a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 1122, Special District |
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Local Laws Code, is amended to read as follows: |
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CHAPTER 1122. HIDALGO COUNTY HEALTHCARE [HOSPITAL] DISTRICT |
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SECTION 2. Section 1122.001(3), Special District Local Laws |
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Code, is amended to read as follows: |
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(3) "District" means the Hidalgo County Healthcare |
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[Hospital] District. |
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SECTION 3. Section 1122.002, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1122.002. DISTRICT AUTHORIZATION. The Hidalgo County |
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Healthcare [Hospital] District may be created and, if created, |
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operates and is financed as a hospital district as provided by |
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Section 9, Article IX, Texas Constitution, and by this chapter. |
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SECTION 4. Sections 1122.021(b), (f), and (g), Special |
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District Local Laws Code, are amended to read as follows: |
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(b) The Hidalgo County Commissioners Court shall order an |
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election for the registered voters of Hidalgo County on the |
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question of creation of the Hidalgo County Healthcare [Hospital] |
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District if the commissioners court receives a petition requesting |
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an election that is signed by at least 50 registered voters who are |
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residents of Hidalgo County. |
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(f) 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 Hidalgo County Healthcare [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 25 [75] cents on each $100 valuation on all taxable property |
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in the district. The initial ad valorem tax shall be imposed at the |
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rate of ______ (insert amount) cents on the $100 valuation of all |
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taxable property in the district. District funds shall be used for |
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district purposes, including improving health care services for |
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residents of Hidalgo County, supporting the School of Medicine at |
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The University of Texas Rio Grande Valley, training physicians, |
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nurses, and other health care professionals, obtaining federal or |
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state funds for health care services, and providing community |
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health clinics, primary care services, behavioral and mental health |
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care services, and prevention and wellness programs." |
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(g) The Hidalgo County Commissioners Court shall find that |
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the Hidalgo County Healthcare [Hospital] District is created if a |
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majority of the voters voting in the election held under this |
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section favor the creation of the district. |
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SECTION 5. Section 1122.051, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1122.051. DIRECTORS; TERM. (a) If the creation of the |
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district is approved at the election held under Section 1122.021, |
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the district shall be governed by a [nine-member] board of nine |
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directors, appointed as follows: |
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(1) the county judge of Hidalgo County shall appoint |
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one director; |
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(2) each county commissioner serving on the Hidalgo |
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County Commissioners Court shall appoint one director [four
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directors]; and |
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(3) [(2)] the governing bodies [body] of the four most |
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populous municipalities located [municipality with the largest
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population] in Hidalgo County shall each appoint one director [two
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directors;
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[(3)
the governing body of the municipality with the
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second largest population in Hidalgo County shall appoint one
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director;
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[(4)
the governing body of a municipality with the
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third largest population in Hidalgo County shall appoint one
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director; and
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[(5)
the governing body of a municipality with the
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fourth largest population in Hidalgo County shall appoint one
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director]. |
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(b) Directors serve staggered three-year [four-year] terms, |
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with three [as near as possible to one-fourth of the] directors' |
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terms expiring each year. The [terms of the] initial directors |
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appointed under this section shall draw lots as follows to |
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determine [are as follows]: |
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(1) for the directors appointed by the governing |
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bodies of the municipalities in Hidalgo County described by |
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Subsection (a), [shall draw lots to determine] which director |
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serves [two directors serve] a one-year term, which two directors |
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serve [director serves] a two-year term, and which director serves |
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a three-year term[, and which director serves a four-year term]; |
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and |
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(2) for the directors appointed by the Hidalgo County |
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Commissioners Court, including the director appointed by the county |
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judge of Hidalgo County, [shall draw lots to determine] which two |
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directors serve [director serves] a one-year term, which director |
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serves a two-year term, and which two directors serve [director
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serves] a three-year term[, and which director serves a four-year
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term]. |
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(c) On expiration of the initial directors' terms, |
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successor directors shall be appointed for a three-year term by the |
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person or governing body that appointed the initial director. |
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(d) A director may not serve more than three [two] |
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consecutive three-year [four-year] terms. |
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SECTION 6. Section 1122.052, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1122.052. QUALIFICATIONS. The Hidalgo County |
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Commissioners Court shall by order provide for the qualifications |
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of appointees to the board. The qualifications must provide that a |
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person is not eligible for appointment to the board if the person |
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is: |
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(1) an employee of Hidalgo County; |
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(2) an employee of a municipality located in the |
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district; |
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(3) a district employee; or |
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(4) [(3)] related within the third degree of |
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consanguinity or affinity, as determined under Subchapter B, |
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Chapter 573, Government Code, to a member of the Commissioners |
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Court of Hidalgo County, to a member of the governing body of a |
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municipality located in the district, [commissioners court] or to a |
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person described by Subdivision (1), [or] (2), or (3). |
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SECTION 7. Section 1122.056, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1122.056. BOARD VACANCY. A [If a] vacancy [occurs] in |
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the office of director[, the remaining directors] shall be filled |
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[appoint a director] for the remainder of the unexpired term by |
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appointment by the person or governing body that appointed the |
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vacating director. |
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SECTION 8. Sections 1122.101, 1122.102, 1122.103, and |
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1122.106, Special District Local Laws Code, are amended to read as |
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follows: |
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Sec. 1122.101. DISTRICT RESPONSIBILITY. The district has |
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full responsibility for operating hospital facilities and |
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providing medical and hospital care for the district's indigent |
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[needy] residents as required under this chapter, another |
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applicable statute, and the constitution of this state. |
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Sec. 1122.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
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The board shall manage, control, and administer the district |
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[hospital system] and the money and resources of the district. |
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Sec. 1122.103. RULES. The board may adopt rules governing: |
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(1) the operation of the district and any district |
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hospital [and hospital system]; and |
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(2) the duties, functions, and responsibilities of |
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district staff and employees. |
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Sec. 1122.106. DISTRICT PROPERTY, FACILITIES, AND |
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EQUIPMENT. (a) The board shall determine: |
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(1) the type, number, and location of buildings |
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required to maintain an adequate health care district [hospital
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system]; and |
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(2) the type of equipment necessary to provide medical |
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[for hospital] care in the district. |
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(b) The board may: |
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(1) acquire property, facilities, and equipment for |
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use by the district [for use in the hospital system]; |
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(2) mortgage or pledge the property, facilities, or |
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equipment as security for payment of the purchase price; |
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(3) sell or otherwise dispose of property, facilities, |
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or equipment for the district; or |
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(4) lease hospital facilities for the district. |
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SECTION 9. Section 1122.151(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) The board and the district administrator shall jointly |
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prepare a proposed annual budget for the district. |
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SECTION 10. Sections 1122.152(d) and (e), Special District |
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Local Laws Code, are amended to read as follows: |
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(d) At the conclusion of the hearing, the board shall adopt |
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a budget by acting on the proposed budget [proposed by the district
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administrator]. The board may make a change in the proposed budget |
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that the board determines to be in the interests of the taxpayers. |
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(e) The budget is effective only after: |
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(1) adoption by the board; and |
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(2) approval by the Hidalgo County Commissioners |
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Court. |
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SECTION 11. Section 1122.153, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1122.153. AMENDMENT OF BUDGET. After the budget is |
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adopted, the budget may be amended if the proposed amendment is: |
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(1) adopted by the board; and |
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(2) approved by the Hidalgo County Commissioners Court |
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[on the board's approval]. |
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SECTION 12. Section 1122.201, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1122.201. GENERAL OBLIGATION BONDS. If authorized by |
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an election, the board may issue and sell general obligation bonds |
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in the name and on the faith and credit of the district to: |
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(1) purchase, construct, acquire, repair, or renovate |
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buildings or improvements; |
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(2) equip buildings or improvements for district |
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[hospital] purposes; or |
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(3) acquire and operate a mobile emergency medical |
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service. |
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SECTION 13. Sections 1122.204(a) and (b), Special District |
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Local Laws Code, are amended to read as follows: |
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(a) The board may issue revenue bonds to: |
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(1) acquire, purchase, construct, repair, renovate, |
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or equip buildings or improvements for district [hospital] |
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purposes; |
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(2) acquire sites to be used for district [hospital] |
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purposes; or |
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(3) acquire and operate a mobile emergency medical |
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service to assist the district in carrying out its [hospital] |
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purposes. |
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(b) The bonds must be payable from and secured by a pledge of |
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all or part of the revenues derived from the operation of the |
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district [district's hospital system]. |
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SECTION 14. Section 1122.251(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) The board shall impose a tax on all property in the |
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district subject to [hospital district] taxation by the district. |
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SECTION 15. The heading to Section 1122.252, Special |
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District Local Laws Code, is amended to read as follows: |
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Sec. 1122.252. LIMITATION ON TAX RATE. |
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SECTION 16. Section 1122.252(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) Unless a higher rate is approved at an election held as |
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provided by Section 1122.2521, the [The] tax rate on all taxable |
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property in the district for all purposes may not exceed 25 [75] |
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cents on each $100 valuation of the property according to the most |
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recent certified tax appraisal roll of the district. |
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SECTION 17. Subchapter F, Chapter 1122, Special District |
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Local Laws Code, is amended by adding Sections 1122.2521, |
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1122.2522, 1122.2523, and 1122.2524 to read as follows: |
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Sec. 1122.2521. ELECTION REQUIRED TO INCREASE TAX RATE. |
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(a) The board may order an election to increase the district's |
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maximum ad valorem tax rate to a rate greater than the maximum rate |
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provided by Section 1122.252. |
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(b) The ballot for an election held under this section must |
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be printed to permit voting for or against the proposition: "The |
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imposition of taxes by the Hidalgo County Healthcare District for |
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district purposes at a rate not to exceed ____ (insert amount) cents |
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on the $100 valuation of all property in the district." |
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(c) The board may impose taxes at the rate authorized by the |
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proposition if a majority of voters voting at an election held under |
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this section favor the proposition. |
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(d) This section does not authorize the board to impose |
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taxes at a rate that exceeds the maximum ad valorem tax rate |
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authorized by Section 9, Article IX, Texas Constitution. |
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(e) Section 41.001(a), Election Code, does not apply to an |
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election ordered under this section. |
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Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE. |
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(a) If in any year the board adopts a tax rate that exceeds the |
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rollback tax rate calculated as provided by Chapter 26, Tax Code, |
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the qualified voters of the district by petition may require that an |
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election be held to determine whether or not to reduce the tax rate |
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adopted by the board for that year to the rollback tax rate. |
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(b) To the extent a conflict exists between this section and |
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a provision of the Tax Code, the provision of the Tax Code prevails. |
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Sec. 1122.2523. RESIDENCE HOMESTEAD TAX PROVISIONS |
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APPLICABLE. (a) The board shall ensure that all district residents |
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receive all ad valorem tax exemptions and limitations that the |
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residents are entitled to receive under the constitution and the |
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Tax Code, including the exemption of the total appraised value of |
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the residence homestead of a fully disabled veteran or the disabled |
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veteran's surviving spouse required by Section 11.131, Tax Code. |
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(b) The board shall adopt an exemption from ad valorem |
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taxation by the district of a portion of the appraised value of a |
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district resident's residence homestead as provided by Section |
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11.13(d), Tax Code. Unless the board specifies a larger amount as |
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provided by Section 11.13(e), Tax Code, the amount of the exemption |
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required to be adopted by the board under this subsection is $3,000 |
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of the appraised value of a district resident's residence |
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homestead. Section 11.13(f), Tax Code, applies to an exemption |
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adopted by the board under this subsection. |
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Sec. 1122.2524. PROHIBITION ON PARTICIPATION IN TAX |
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INCREMENT FUND. The district may not enter into an agreement to |
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participate in a reinvestment zone designated by a municipality or |
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a county under Chapter 311, Tax Code. |
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SECTION 18. Section 1122.303, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1122.303. 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 Hidalgo County Healthcare |
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[Hospital] District." |
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SECTION 19. On the creation of the Hidalgo County |
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Healthcare District, or as soon as practicable after the district |
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is created, the Commissioners Court of Hidalgo County shall |
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transfer to the district all operating funds, and any funds held in |
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reserve for operating expenses, that have been budgeted by the |
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county to pay the costs associated with administering a county |
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program to provide to residents of the district indigent health |
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care assistance under Chapter 61, Health and Safety Code, during |
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the fiscal year in which the district is created. |
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SECTION 20. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2015. |