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relating to the nonsubstantive revision of certain local laws |
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concerning special districts, including conforming amendments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS |
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SECTION 1.01. Subtitle A, Title 2, Special District Local |
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Laws Code, is amended by adding Chapter 21 to read as follows: |
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CHAPTER 21. UPPER SABINE VALLEY SOLID WASTE MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 21.001. DEFINITIONS |
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Sec. 21.002. NATURE OF DISTRICT |
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Sec. 21.003. PURPOSE |
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Sec. 21.004. FINDINGS AND DECLARATION OF POLICY |
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Sec. 21.005. STATE POLICY REGARDING WASTE DISPOSAL |
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[Sections 21.006-21.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT TERRITORY AND CHANGES TO |
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DISTRICT TERRITORY |
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Sec. 21.051. DISTRICT TERRITORY |
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Sec. 21.052. ANNEXATION OF COUNTY; PETITION |
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Sec. 21.053. ANNEXATION PETITION HEARING; NOTICE |
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Sec. 21.054. EXCLUSION OF COUNTY |
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Sec. 21.055. ELECTION ON ANNEXATION OR EXCLUSION OF |
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COUNTY |
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Sec. 21.056. CONTINUED BOND OBLIGATION FOR EXCLUDED |
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COUNTY |
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[Sections 21.057-21.100 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 21.101. GOVERNING BODY; COMPOSITION |
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Sec. 21.102. APPOINTMENT OF DIRECTORS FROM ANNEXED |
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COUNTY |
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Sec. 21.103. TERM |
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Sec. 21.104. ELIGIBILITY TO SERVE |
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Sec. 21.105. VACANCY |
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Sec. 21.106. DIRECTOR'S BOND |
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Sec. 21.107. TERM OF OFFICERS |
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Sec. 21.108. BYLAWS |
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Sec. 21.109. BOARD MEETINGS |
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Sec. 21.110. COMPENSATION |
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Sec. 21.111. CONFLICT OF INTEREST IN CONTRACT |
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[Sections 21.112-21.150 reserved for expansion] |
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SUBCHAPTER D. ADMINISTRATIVE POWERS AND DUTIES |
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Sec. 21.151. PRINCIPAL OFFICE |
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Sec. 21.152. GENERAL MANAGER |
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Sec. 21.153. EMPLOYEE AND GENERAL MANAGER FIDELITY |
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BONDS |
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Sec. 21.154. ATTORNEY |
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Sec. 21.155. RECORDS; LIMIT ON DISCLOSURE |
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[Sections 21.156-21.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL POWERS AND DUTIES |
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Sec. 21.201. ADMINISTRATION, ENFORCEMENT, AND |
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ACCOMPLISHMENT OF CHAPTER |
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Sec. 21.202. CONSERVATION AND RECLAMATION DISTRICT |
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POWERS |
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Sec. 21.203. RULES; HEARINGS |
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Sec. 21.204. SCOPE OF DISTRICT'S REGULATORY POWER |
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Sec. 21.205. PLANS |
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Sec. 21.206. STUDIES AND RESEARCH |
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Sec. 21.207. COOPERATIVE AGREEMENTS WITH OTHER |
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POLITICAL SUBDIVISIONS |
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Sec. 21.208. GIFTS, GRANTS, AND LOANS |
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Sec. 21.209. ACQUISITION OF PROPERTY |
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Sec. 21.210. EMINENT DOMAIN; COST OF RELOCATING |
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PROPERTY |
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Sec. 21.211. ENTRY ON LAND |
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Sec. 21.212. ROAD RIGHT-OF-WAY |
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Sec. 21.213. CONSENT FOR CHANGE OR DAMAGE TO STATE |
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PROPERTY |
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Sec. 21.214. BIDS ON CONTRACTS FOR PURCHASE OF |
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VEHICLES, EQUIPMENT, AND SUPPLIES OVER |
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$15,000; EXCEPTION |
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[Sections 21.215-21.250 reserved for expansion] |
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SUBCHAPTER F. CONSTRUCTION, RENOVATION, AND REPAIR CONTRACTS |
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Sec. 21.251. AUTHORITY TO ENTER INTO CONSTRUCTION, |
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RENOVATION, AND REPAIR CONTRACTS |
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Sec. 21.252. BIDS ON CONTRACTS OVER $15,000 |
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Sec. 21.253. CONTRACT SPECIFICATIONS, PLANS, AND |
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DETAILS |
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Sec. 21.254. EXECUTION AND AVAILABILITY OF CONTRACTS |
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Sec. 21.255. CONTRACTOR'S BOND |
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Sec. 21.256. BOARD CONTROL AND DETERMINATION |
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Sec. 21.257. INSPECTION OF WORK |
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Sec. 21.258. PAYMENTS FOR WORK |
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[Sections 21.259-21.300 reserved for expansion] |
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SUBCHAPTER G. WASTE DISPOSAL |
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Sec. 21.301. ACQUISITION OF EXISTING FACILITIES |
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Sec. 21.302. SOLID WASTE RECOVERY FACILITY |
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Sec. 21.303. STANDARDS FOR SOLID WASTE HANDLING |
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Sec. 21.304. MANAGEMENT OF MUNICIPAL SOLID WASTE |
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Sec. 21.305. ON-SITE SEWAGE DISPOSAL SYSTEMS |
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Sec. 21.306. ACQUISITION, CONSTRUCTION, AND OPERATION |
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OF DISPOSAL SYSTEMS |
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Sec. 21.307. WASTE DISPOSAL CONTRACTS |
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[Sections 21.308-21.350 reserved for expansion] |
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SUBCHAPTER H. GENERAL FINANCIAL PROVISIONS |
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Sec. 21.351. ACCOUNTING |
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Sec. 21.352. ANNUAL BUDGET |
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Sec. 21.353. SWORN STATEMENT REGARDING MONEY AND |
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DISBURSEMENTS |
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Sec. 21.354. DEPOSITORY |
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Sec. 21.355. INVESTMENTS |
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Sec. 21.356. PAYMENT OF EXPENSES |
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Sec. 21.357. BORROWING MONEY |
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Sec. 21.358. PAYMENT OF JUDGMENTS |
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[Sections 21.359-21.400 reserved for expansion] |
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SUBCHAPTER I. BONDS |
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Sec. 21.401. AUTHORITY TO ISSUE BONDS |
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Sec. 21.402. BOND PAYMENT |
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Sec. 21.403. BOND ELECTION |
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Sec. 21.404. MATURITY OF BONDS |
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Sec. 21.405. SIGNATURE |
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Sec. 21.406. BOND PROVISIONS |
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Sec. 21.407. MANDAMUS BY BONDHOLDERS |
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Sec. 21.408. REFUNDING BONDS |
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Sec. 21.409. TAX EXEMPTION |
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[Sections 21.410-21.450 reserved for expansion] |
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SUBCHAPTER J. TAXES |
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Sec. 21.451. AUTHORITY TO IMPOSE PROPERTY TAXES |
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Sec. 21.452. AMOUNT OF TAX |
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Sec. 21.453. TAX RATE |
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Sec. 21.454. TAX COLLECTOR |
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CHAPTER 21. UPPER SABINE VALLEY SOLID WASTE MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec.21.001.DEFINITIONS. In this Act: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Upper Sabine Valley Solid |
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Waste Management District. |
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(5) "Local government" means: |
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(A) a municipality; |
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(B) a county; or |
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(C) a water or other special district or |
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authority acting under Sections 52(b)(1) and (2), Article III, or |
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Section 59, Article XVI, Texas Constitution. |
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(6) "Solid waste" has the meaning assigned by Section |
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361.003, Health and Safety Code. |
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(7) "Water" means groundwater, percolating or |
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otherwise, lakes, bays, ponds, springs, rivers, streams, creeks, |
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and all other bodies of surface water, natural or artificial, that |
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are wholly or partly in the district. |
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(8) "Water pollution" means alteration of the |
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physical, chemical, or biological quality of water or contamination |
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of water that: |
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(A) renders the water harmful, detrimental, or |
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injurious to: |
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(i) humans, animal life, vegetation, or |
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property; or |
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(ii) public health, safety, or welfare; or |
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(B) impairs the usefulness or the public |
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enjoyment of the water for any lawful or reasonable purpose. |
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(V.A.C.S. Art. 4477-7k, Secs. 1.03(1), (2), (4), (5), (7), (14), |
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(16), (17).) |
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Sec.21.002.NATURE OF DISTRICT. The district is a |
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conservation and reclamation district created under Section 59, |
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Article XVI, Texas Constitution. (V.A.C.S. Art. 4477-7k, Sec. |
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2.01.) |
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Sec.21.003.PURPOSE. The purpose of this chapter is to |
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establish an instrumentality to develop and carry out a regional |
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water quality protection program through solid waste management and |
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regulation of waste disposal for Rains, Upshur, and Wood Counties |
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and for the portion of Smith County that is north of Interstate |
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Highway 20. (V.A.C.S. Art. 4477-7k, Sec. 1.01.) |
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Sec.21.004.FINDINGS AND DECLARATION OF POLICY. (a) The |
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legislature finds that: |
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(1) the quality of water in East Texas is materially |
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affected by the disposal of waste throughout the region; |
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(2) a regional effort to study water pollution, plan |
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corrective and preventive measures, provide coordinated facilities |
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for waste disposal, and regulate waste disposal is far more |
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effective than efforts on a smaller scale; |
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(3) solid waste, as well as other waste, may impair |
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water quality by seepage or drainage; and |
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(4) creation of the district would advance the |
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established policy of this state to maintain the quality of the |
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water in the state consistent with: |
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(A) public health and enjoyment; |
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(B) the propagation and protection of |
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terrestrial and aquatic life; |
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(C) the operation of existing industries; and |
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(D) the economic development of the state. |
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(b) All area included in the district will benefit from the |
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exercise of the power conferred by this chapter. |
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(c) The district is a public entity performing an essential |
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public function. (V.A.C.S. Art. 4477-7k, Secs. 1.02(a), (c), 7.01 |
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(part).) |
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Sec.21.005.STATE POLICY REGARDING WASTE DISPOSAL. The |
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district's powers and duties are subject to the state policy of |
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encouraging the development and use of integrated area-wide waste |
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collection, treatment, and disposal systems to serve the waste |
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disposal needs of this state's residents, if integrated systems can |
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reasonably be provided for an area, so as to avoid the economic |
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burden on residents and the impact on state water quality caused by |
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the construction and operation of numerous small waste collection, |
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treatment, and disposal facilities. (V.A.C.S. Art. 4477-7k, Sec. |
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4.23.) |
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[Sections 21.006-21.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT TERRITORY AND CHANGES TO |
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DISTRICT TERRITORY |
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Sec.21.051.DISTRICT TERRITORY. Unless the district |
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territory has been modified under this subchapter, Subchapter J, |
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Chapter 49, Water Code, or other law, the district's territory |
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consists of Rains, Upshur, and Wood Counties and the portion of |
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Smith County north of Interstate Highway 20. (V.A.C.S. Art. |
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4477-7k, Sec. 2.02.) |
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Sec.21.052.ANNEXATION OF COUNTY; PETITION. (a) The board |
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may annex an adjacent county in the manner provided by this section |
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and Sections 21.053 and 21.055. |
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(b) To initiate annexation proceedings, the commissioners |
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court of the adjacent county must petition the board requesting the |
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board to call an election for the annexation of the petitioner's |
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county. The petition must be in writing and be endorsed by a |
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majority of the members of the commissioners court. (V.A.C.S. Art. |
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4477-7k, Secs. 8.01, 8.02.) |
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Sec.21.053.ANNEXATION PETITION HEARING; NOTICE. (a) On |
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receipt of a petition under Section 21.052, the board shall set a |
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date, time, and place to hold a hearing on the petition. The date |
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may not be later than the 20th day after the date on which the board |
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receives the petition. |
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(b) In addition to the notice required under the open |
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meetings law, Chapter 551, Government Code, the board shall publish |
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notice of the date, time, place, and purpose of the hearing in one |
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or more newspapers with general circulation in the district and in |
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the county to be annexed. |
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(c) Any person may testify at the hearing for or against |
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annexation of the county to the district. |
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(d) At the conclusion of the hearing, the board shall |
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determine if an annexation election should be held in the county to |
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be annexed. (V.A.C.S. Art. 4477-7k, Secs. 8.03(a), (b), (c), (d).) |
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Sec.21.054.EXCLUSION OF COUNTY. (a) The commissioners |
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court of a county in the district may petition the board to hold an |
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election in the county to determine if a majority of voters of that |
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county want to exclude the county from the district. |
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(b) If the district has not issued bonds or incurred other |
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long-term debt before the commissioners court filed the petition, |
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the board shall, on receipt of the petition, enter an order |
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authorizing the commissioners court to call an election in that |
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county. |
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(c) If the district issued bonds or other long-term debt |
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before the commissioners court filed the petition, the board must |
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obtain adequate legal and financial assurances that, if the county |
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withdraws from the district, the county will assume and pay to the |
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district the county's proportionate share of the district's |
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outstanding debt based on assessed valuation of taxable property in |
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the county and district. After obtaining assurances the board |
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considers adequate, the board shall enter an order authorizing the |
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commissioners court of that county to call an election in that |
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county to determine if the county should be excluded from the |
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district. (V.A.C.S. Art. 4477-7k, Sec. 9.01.) |
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Sec.21.055.ELECTION ON ANNEXATION OR EXCLUSION OF COUNTY. |
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(a) Annexation or exclusion of a county is final when approved by a |
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majority of the voters at an election held in the county to be |
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annexed or excluded. An election in the existing district |
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accepting the addition of a county is not required. |
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(b) Section 41.001(a), Election Code, does not apply to an |
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election held under this section. |
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(c) The election ballots shall be printed to provide for |
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voting for or against the following, as applicable: |
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(1) "Adding (description of county to be added) to the |
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Upper Sabine Valley Solid Waste Management District." |
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(2) "(Description of county to be added) assuming its |
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proportionate share of the outstanding debts and taxes of the Upper |
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Sabine Valley Solid Waste Management District, if it is added to the |
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district." |
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(3) "The exclusion of ____________________ County |
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from the Upper Sabine Valley Solid Waste Management District and |
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assumption by the county of a duty to pay its proportionate share of |
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the outstanding indebtedness of the district." |
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(d) If a district has outstanding debts or taxes, the voters |
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in an election to approve the annexation must also determine if the |
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annexed county will assume its proportion of the debts or taxes if |
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added to the district. |
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(e) If the district has outstanding bonds or other long term |
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obligations, the voters in the election to approve the exclusion |
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must also determine if the excluded county will assume a duty to pay |
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its proportion of the district's outstanding indebtedness. |
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(f) The board shall file a copy of the election results with |
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the commission. (V.A.C.S. Art. 4477-7k, Secs. 8.03(e), (f), (g) |
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(part), (h), 9.02(a), (b), (c) (part), (d).) |
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Sec.21.056.CONTINUED BOND OBLIGATION FOR EXCLUDED COUNTY. |
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The exclusion of a county under Section 21.054(c) does not relieve |
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the district of its obligation to perform and observe the covenants |
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and obligations or the conditions prescribed by the order or |
|
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resolution authorizing the issuance of the district's bonds. |
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(V.A.C.S. Art. 4477-7k, Sec. 9.03.) |
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[Sections 21.057-21.100 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec.21.101.GOVERNING BODY; COMPOSITION. (a) The |
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district is governed by a board of directors composed of at least |
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six directors. |
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(b) If the district is composed of only one county, the |
|
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commissioners court of that county shall appoint six persons to |
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serve as directors. |
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(c) If the district is composed of two counties, the |
|
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commissioners court of each county included in the district shall |
|
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each appoint three persons to serve as directors. |
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(d) If the district is composed of three or more counties, |
|
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the commissioners court of each county included in the district |
|
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shall each appoint two persons to serve as directors. |
|
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(e) At least one of the directors appointed by each |
|
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commissioners court shall represent the interests of |
|
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municipalities and of unincorporated communities with a population |
|
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of 1,000 or more that are located in that county. (V.A.C.S. Art. |
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4477-7k, Sec. 3.01.) |
|
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Sec.21.102.APPOINTMENT OF DIRECTORS FROM ANNEXED COUNTY. |
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(a) The commissioners court of an annexed county shall appoint two |
|
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directors to serve on the board. |
|
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(b) The newly appointed directors shall draw lots to |
|
|
determine their initial terms of office. One new director shall |
|
|
serve an initial term that coincides with the terms of directors |
|
|
that expire before the expiration of two years and the other new |
|
|
director shall serve a term that expires after the expiration of |
|
|
two years but before the expiration of four years. (V.A.C.S. Art. |
|
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4477-7k, Sec. 8.04.) |
|
|
Sec.21.103.TERM. Except as provided by Section |
|
|
21.102(b), a director serves a term of four years. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 3.03.) |
|
|
Sec.21.104.ELIGIBILITY TO SERVE. To be eligible to be |
|
|
appointed as or to serve as a director, a person must be: |
|
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(1) at least 18 years of age; |
|
|
(2) a qualified voter; and |
|
|
(3) a resident of the county governed by the |
|
|
appointing commissioners court. (V.A.C.S. Art. 4477-7k, Sec. |
|
|
3.02(a).) |
|
|
Sec.21.105.VACANCY. A vacancy on the board shall be |
|
|
filled in the same manner as the original appointment for the |
|
|
unexpired term. (V.A.C.S. Art. 4477-7k, Sec. 3.04.) |
|
|
Sec.21.106.DIRECTOR'S BOND. Each director must execute a |
|
|
$5,000 bond with a corporate surety authorized to do business in |
|
|
this state and conditioned on the faithful performance of the |
|
|
director's duties. (V.A.C.S. Art. 4477-7k, Sec. 3.02(c) (part).) |
|
|
Sec.21.107.TERM OF OFFICERS. A person selected as an |
|
|
officer serves for a term of one year. (V.A.C.S. Art. 4477-7k, Sec. |
|
|
3.06(b).) |
|
|
Sec.21.108.BYLAWS. The board shall adopt bylaws. The |
|
|
bylaws must prescribe the powers and duties of, and procedures for |
|
|
removal from, a board office. (V.A.C.S. Art. 4477-7k, Sec. 3.06(d) |
|
|
(part).) |
|
|
Sec.21.109.BOARD MEETINGS. Except as otherwise provided |
|
|
by law, the board shall meet at least one time each quarter and may |
|
|
meet at any other time provided by its bylaws. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 3.07(a).) |
|
|
Sec.21.110.COMPENSATION. (a) Unless the board by |
|
|
resolution increases the rate of reimbursement to an amount |
|
|
authorized by Section 49.060, Water Code, a director other than a |
|
|
director described by Subsection (c) is entitled to receive $50 a |
|
|
day and reimbursement for actual and necessary expenses incurred |
|
|
for each day the director: |
|
|
(1) attends a board meeting; and |
|
|
(2) attends to the business of the district that is |
|
|
authorized by board resolution or motion. |
|
|
(b) A director is not entitled to receive a per diem |
|
|
allowance for more than 60 days in a calendar year. |
|
|
(c) If a member of a commissioners court or a municipal |
|
|
government officer is appointed as a director, the member's or |
|
|
officer's service as a director is considered an additional duty of |
|
|
the member's or officer's existing office. The member or officer is |
|
|
not entitled to a per diem allowance under this section, but is |
|
|
entitled to reimbursement for actual and necessary expenses |
|
|
incurred in performing official duties as a director. (V.A.C.S. |
|
|
Art. 4477-7k, Secs. 3.02(b), 3.10.) |
|
|
Sec.21.111.CONFLICT OF INTEREST IN CONTRACT. A director |
|
|
who is financially interested in a contract to be executed by the |
|
|
district for the purchase of property or the construction of |
|
|
facilities shall disclose that fact to the other directors and may |
|
|
not vote on the acceptance of the contract. (V.A.C.S. Art. 4477-7k, |
|
|
Sec. 3.09.) |
|
|
[Sections 21.112-21.150 reserved for expansion] |
|
|
SUBCHAPTER D. ADMINISTRATIVE POWERS AND DUTIES |
|
|
Sec.21.151.PRINCIPAL OFFICE. The district shall maintain |
|
|
its principal office in the district. (V.A.C.S. Art. 4477-7k, Sec. |
|
|
3.13.) |
|
|
Sec.21.152.GENERAL MANAGER. (a) The board shall employ a |
|
|
general manager for a term and salary set by the board. |
|
|
(b) The general manager is the chief executive officer of |
|
|
the district. Under policies established by the board, the general |
|
|
manager is responsible to the board for: |
|
|
(1) administering board directives; |
|
|
(2) keeping district records, including minutes of the |
|
|
board's meetings; |
|
|
(3) coordinating with state, federal, and local |
|
|
agencies; |
|
|
(4) developing plans and programs for the board's |
|
|
approval; |
|
|
(5) hiring, supervising, training, and discharging |
|
|
district employees; |
|
|
(6) contracting for or retaining technical, |
|
|
scientific, legal, fiscal, and other professional services; and |
|
|
(7) performing any other duty assigned to the general |
|
|
manager by the board. |
|
|
(c) The board may discharge the general manager by a |
|
|
majority vote. (V.A.C.S. Art. 4477-7k, Sec. 3.11.) |
|
|
Sec.21.153.EMPLOYEE AND GENERAL MANAGER FIDELITY BONDS. |
|
|
(a) The general manager and each district employee charged with the |
|
|
collection, custody, or payment of any district money shall execute |
|
|
a fidelity bond. The board shall approve the form, amount, and |
|
|
surety of the bond. |
|
|
(b) The district shall pay the premiums on employee bonds |
|
|
under this section. (V.A.C.S. Art. 4477-7k, Sec. 3.12.) |
|
|
Sec.21.154.ATTORNEY. (a) The board may appoint an |
|
|
attorney for the district. |
|
|
(b) The person appointed under this section is entitled to |
|
|
the compensation provided by the district's budget. (V.A.C.S. Art. |
|
|
4477-7k, Secs. 3.08(a), (b).) |
|
|
Sec.21.155.RECORDS; LIMIT ON DISCLOSURE. (a) The |
|
|
district shall keep its accounts, contracts, documents, minutes, |
|
|
and other records at its principal office. |
|
|
(b) The board and its employees may not disclose a district |
|
|
record that relates to trade secrets or the economics of an |
|
|
industry's operations. (V.A.C.S. Art. 4477-7k, Secs. 3.14(c), |
|
|
(d).) |
|
|
[Sections 21.156-21.200 reserved for expansion] |
|
|
SUBCHAPTER E. GENERAL POWERS AND DUTIES |
|
|
Sec. 21.201. ADMINISTRATION, ENFORCEMENT, AND |
|
|
ACCOMPLISHMENT OF CHAPTER. (a) The district shall: |
|
|
(1) administer and enforce this chapter; and |
|
|
(2) use district facilities and powers to accomplish |
|
|
the purposes of this chapter. |
|
|
(b) The district may advise, consult, contract, and |
|
|
cooperate with the federal government, the state, a local |
|
|
government, or a private entity to carry out any purpose or power |
|
|
under this chapter. (V.A.C.S. Art. 4477-7k, Secs. 4.01(a), 4.03.) |
|
|
Sec.21.202.CONSERVATION AND RECLAMATION DISTRICT POWERS. |
|
|
Except as expressly limited by this chapter, the district has all |
|
|
powers, rights, and privileges necessary and convenient for |
|
|
accomplishing the purposes of this chapter that are conferred by |
|
|
general law on a conservation and reclamation district created |
|
|
under Section 59, Article XVI, Texas Constitution, including the |
|
|
powers, rights, and privileges conferred by Subtitle B, Title 5, |
|
|
Health and Safety Code, on a local or regional government. |
|
|
(V.A.C.S. Art. 4477-7k, Sec. 4.01(g).) |
|
|
Sec.21.203.RULES; HEARINGS. (a) The board, after notice |
|
|
and hearing, may adopt rules necessary to carry out this chapter. |
|
|
(b) The board shall adopt rules establishing procedures for |
|
|
giving notice and holding a hearing. (V.A.C.S. Art. 4477-7k, Sec. |
|
|
4.01(b).) |
|
|
Sec.21.204.SCOPE OF DISTRICT'S REGULATORY POWER. The |
|
|
regulatory powers of the district under this chapter apply to each |
|
|
person in the district. (V.A.C.S. Art. 4477-7k, Sec. 4.01(f).) |
|
|
Sec.21.205.PLANS. The district may prepare and adopt |
|
|
plans for and may purchase, construct, acquire, own, operate, |
|
|
maintain, repair, improve, and extend inside and outside district |
|
|
boundaries any works, improvements, waste disposal, treatment, and |
|
|
other facilities, plants, pipelines, equipment, and appliances |
|
|
necessary to collect, transport, process, dispose of, and control |
|
|
domestic, industrial, and communal waterborne and solid waste in |
|
|
the district. (V.A.C.S. Art. 4477-7k, Sec. 4.01(c).) |
|
|
Sec.21.206.STUDIES AND RESEARCH. The district shall: |
|
|
(1) study and research the control of water pollution |
|
|
and waste disposal in the district; |
|
|
(2) cooperate with the commission in any study; and |
|
|
(3) use the results of the studies. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 4.01(e).) |
|
|
Sec. 21.207. COOPERATIVE AGREEMENTS WITH OTHER POLITICAL |
|
|
SUBDIVISIONS. The district may enter into a cooperative agreement |
|
|
with a local government or other political subdivision to: |
|
|
(1) jointly conduct solid waste management |
|
|
activities; and |
|
|
(2) charge reasonable fees for solid waste management |
|
|
activities. (V.A.C.S. Art. 4477-7k, Sec. 4.01(i).) |
|
|
Sec.21.208.GIFTS, GRANTS, AND LOANS. The district may |
|
|
apply for, accept, receive, and administer gifts, grants, loans, |
|
|
and other money available from any source to carry out any purpose |
|
|
or power under this chapter. (V.A.C.S. Art. 4477–7k, Sec. 4.02.) |
|
|
Sec.21.209.ACQUISITION OF PROPERTY. The district may |
|
|
acquire by gift, grant, devise, purchase, lease, or the exercise of |
|
|
the power of eminent domain any land, easement, right-of-way, or |
|
|
other property interest necessary to carry out the powers and |
|
|
duties under this chapter. (V.A.C.S. Art. 4477–7k, Sec. 4.04.) |
|
|
Sec.21.210.EMINENT DOMAIN; COST OF RELOCATING PROPERTY. |
|
|
(a) The district may exercise the power of eminent domain to |
|
|
acquire land for a purpose authorized by Section 21.205 if the board |
|
|
determines, after notice and hearing, that it is necessary. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, but the |
|
|
district is not required to: |
|
|
(1) deposit in the trial court money or a bond as |
|
|
provided by Section 21.021(a), Property Code; |
|
|
(2) pay in advance or give bond or other security for |
|
|
costs in the trial court; |
|
|
(3) give bond for the issuance of a temporary |
|
|
restraining order or a temporary injunction; or |
|
|
(4) give bond for costs or supersedeas on an appeal or |
|
|
writ of error. |
|
|
(c) If the district, in the exercise of the power of eminent |
|
|
domain, requires relocating, raising, lowering, rerouting, |
|
|
changing the grade of, or altering the construction of any |
|
|
railroad, highway, pipeline, or electric transmission and electric |
|
|
distribution, telegraph, or telephone lines, conduits, poles, or |
|
|
facilities, the district must bear the actual cost of relocating, |
|
|
raising, lowering, rerouting, changing the grade of, or altering |
|
|
the construction to provide comparable replacement without |
|
|
enhancement of facilities, after deducting the net salvage value |
|
|
derived from the old facility. (V.A.C.S. Art. 4477-7k, Sec. 4.05.) |
|
|
Sec.21.211.ENTRY ON LAND. (a) A district director, |
|
|
engineer, or employee may go on any land inside or outside the |
|
|
district to survey and examine the land with reference to the |
|
|
location of works, improvements, and waste disposal, treatment, and |
|
|
other facilities, plants, pipelines, equipment, and appliances, |
|
|
and to attend to district business. |
|
|
(b) The director, engineer, or employee must give the |
|
|
landowner five days' written notice before entering on the land. |
|
|
(c) If any district activity on the land causes damage to |
|
|
the land or property, the district shall restore the land or |
|
|
property as nearly as possible to its original state. The district |
|
|
shall pay the restoration's cost. (V.A.C.S. Art. 4477-7k, Sec. |
|
|
4.14.) |
|
|
Sec.21.212.ROAD RIGHT-OF-WAY. A governmental entity |
|
|
having jurisdiction over a right-of-way along and across a public |
|
|
state or county road or highway may: |
|
|
(1) designate the placement of district facilities |
|
|
located on the right-of-way; and |
|
|
(2) require the relocation of district facilities to |
|
|
accommodate widening or changing traffic lanes. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 4.15(a) (part).) |
|
|
Sec. 21.213. CONSENT FOR CHANGE OR DAMAGE TO STATE |
|
|
PROPERTY. The district must obtain the written consent of the |
|
|
governmental entity having control and jurisdiction over state |
|
|
property, including a facility, before the district may proceed |
|
|
with an action to change or damage the property. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 4.15(b).) |
|
|
Sec. 21.214. BIDS ON CONTRACTS FOR PURCHASE OF VEHICLES, |
|
|
EQUIPMENT, AND SUPPLIES OVER $15,000; EXCEPTION. (a) If the |
|
|
estimated amount of a proposed contract to purchase vehicles, |
|
|
equipment, or supplies is more than $15,000, the board shall ask for |
|
|
competitive bids as provided by Subchapter B, Chapter 271, Local |
|
|
Government Code. |
|
|
(b) This section does not apply to: |
|
|
(1) the purchase of property from a public agency; or |
|
|
(2) a contract for personal or professional services. |
|
|
(V.A.C.S. Art. 4477-7k, Sec. 4.13.) |
|
|
[Sections 21.215-21.250 reserved for expansion] |
|
|
SUBCHAPTER F. CONSTRUCTION, RENOVATION, AND REPAIR CONTRACTS |
|
|
Sec. 21.251. AUTHORITY TO ENTER INTO CONSTRUCTION, |
|
|
RENOVATION, AND REPAIR CONTRACTS. The district may contract with |
|
|
any person to construct, renovate, repair, or make improvements to |
|
|
any district works, improvements, waste disposal, treatment, or |
|
|
other facilities, plants, pipelines, equipment, and appliances. |
|
|
(V.A.C.S. Art. 4477-7k, Sec. 4.06.) |
|
|
Sec.21.252.BIDS ON CONTRACTS OVER $15,000. The district |
|
|
may enter into a contract under Section 21.251 that requires an |
|
|
expenditure of more than $15,000 only after competitive bidding as |
|
|
provided by Subchapter B, Chapter 271, Local Government Code. |
|
|
(V.A.C.S. Art. 4477-7k, Sec. 4.07.) |
|
|
Sec.21.253.CONTRACT SPECIFICATIONS, PLANS, AND DETAILS. |
|
|
A contract under Section 21.251 must contain, or have attached to |
|
|
it, the specifications, plans, and details for work included in the |
|
|
contract. The work shall be done according to the plans and |
|
|
specifications under the supervision of the district. (V.A.C.S. |
|
|
Art. 4477-7k, Sec. 4.08.) |
|
|
Sec.21.254.EXECUTION AND AVAILABILITY OF CONTRACTS. (a) |
|
|
A contract under Section 21.251 must be in writing and signed by: |
|
|
(1) the contractor; and |
|
|
(2) a district representative designated by the board. |
|
|
(b) The contract shall be kept in the district's office and |
|
|
must be available for public inspection. (V.A.C.S. Art. 4477-7k, |
|
|
Sec. 4.09.) |
|
|
Sec.21.255.CONTRACTOR'S BOND. (a) A contractor shall |
|
|
execute a bond: |
|
|
(1) in an amount determined by the board, not to exceed |
|
|
the contract price; |
|
|
(2) payable to the district and approved by the board; |
|
|
and |
|
|
(3) conditioned on the faithful performance of the |
|
|
contract. |
|
|
(b) The bond must provide that a contractor pay to the |
|
|
district all damages sustained as a result of the contractor's |
|
|
default on the contract. |
|
|
(c) The bond shall be deposited in the district's |
|
|
depository. A copy of the bond shall be kept in the district's |
|
|
office. (V.A.C.S. Art. 4477-7k, Sec. 4.10.) |
|
|
Sec.21.256.BOARD CONTROL AND DETERMINATION. (a) The |
|
|
board has control of construction, renovation, or repairs being |
|
|
done for the district under a contract under Section 21.251. |
|
|
(b) The board shall determine whether the contract is being |
|
|
fulfilled. (V.A.C.S. Art. 4477-7k, Sec. 4.11(a).) |
|
|
Sec.21.257.INSPECTION OF WORK. (a) The board shall have |
|
|
the work contracted for under Section 21.251 inspected by |
|
|
engineers, inspectors, and personnel of the district. |
|
|
(b) During the progress of the contracted work, the |
|
|
engineers, inspectors, and personnel shall submit to the board |
|
|
written reports that show whether the contractor is complying with |
|
|
the contract. |
|
|
(c) On completion of the contracted work, the engineers, |
|
|
inspectors, and personnel shall submit to the board a final |
|
|
detailed written report that includes information necessary to show |
|
|
whether the contractor has fully complied with the contract. |
|
|
(V.A.C.S. Art. 4477-7k, Secs. 4.11(b), (c), (d).) |
|
|
Sec.21.258.PAYMENTS FOR WORK. (a) The district shall pay |
|
|
the contract price of a construction, renovation, or repair |
|
|
contract in accordance with this section. |
|
|
(b) The district shall make monthly progress payments under |
|
|
a contract as the work proceeds or at more frequent intervals as |
|
|
determined by the board. |
|
|
(c) To provide a basis for determining progress payments, |
|
|
the contractor, on the request of the board, shall furnish, in the |
|
|
detail requested, an analysis of the total contract price showing |
|
|
the amount included for each principal category of the work. |
|
|
(d) In making progress payments, the board shall retain 10 |
|
|
percent of the estimated amounts until final completion and |
|
|
acceptance of the contract work. The board may authorize any of the |
|
|
remaining progress payments to be made in full if: |
|
|
(1) the board finds that satisfactory progress is |
|
|
being made; and |
|
|
(2) at least 50 percent of the work has been completed. |
|
|
(e) If the work under a contract is substantially complete |
|
|
and the board finds the amount retained to be in excess of the |
|
|
amount adequate for the protection of the district, the board may |
|
|
release to the contractor all or part of the excess amount. |
|
|
(f) On completion and acceptance of each separate project, |
|
|
work, or other division of the contract on which the price is stated |
|
|
separately in the contract, payment may be made without retention |
|
|
of a percentage. |
|
|
(g) When work is completed according to the contract, the |
|
|
board shall draw a warrant on the depository to pay any balance due |
|
|
on the contract. (V.A.C.S. Art. 4477-7k, Sec. 4.12.) |
|
|
[Sections 21.259-21.300 reserved for expansion] |
|
|
SUBCHAPTER G. WASTE DISPOSAL |
|
|
Sec.21.301.ACQUISITION OF EXISTING FACILITIES. If the |
|
|
district acquires existing works, improvements, and waste |
|
|
disposal, treatment, and other facilities, plants, pipelines, |
|
|
equipment, and appliances that are completed, partially completed, |
|
|
or under construction, the district may: |
|
|
(1) assume the contracts and obligations of the |
|
|
previous owner; and |
|
|
(2) perform the obligations of the previous owner in |
|
|
the same manner and to the same extent that any other purchaser or |
|
|
assignee would be bound. (V.A.C.S. Art. 4477-7k, Sec. 4.17.) |
|
|
Sec.21.302.SOLID WASTE RECOVERY FACILITY. The district |
|
|
may construct or acquire and operate a facility used to store, |
|
|
handle, sort, bail, recycle, process, and recover solid waste. |
|
|
(V.A.C.S. Art. 4477-7k, Secs. 1.03(11), 4.18.) |
|
|
Sec.21.303.STANDARDS FOR SOLID WASTE HANDLING. (a) The |
|
|
district shall establish minimum standards of operation for all |
|
|
aspects of solid waste handling, including: |
|
|
(1) storage; |
|
|
(2) collection; |
|
|
(3) incineration; |
|
|
(4) recycling; |
|
|
(5) sanitary landfill; and |
|
|
(6) composting. |
|
|
(b) Before establishing the standards, the district must: |
|
|
(1) hold public hearings after giving public notice in |
|
|
the time and manner prescribed by board rule; |
|
|
(2) consult with the commission to ensure that the |
|
|
standards are not inconsistent with established criteria; and |
|
|
(3) find that the standards are reasonably necessary |
|
|
to protect the public health or welfare from water pollution or |
|
|
other harm to the environment. |
|
|
(c) To amend the standards, the district must follow the |
|
|
same procedures required for establishing standards. |
|
|
(d) The board may adopt rules reasonably necessary to |
|
|
implement solid waste disposal standards. (V.A.C.S. Art. 4477-7k, |
|
|
Secs. 4.19(a), (b), (c), (d).) |
|
|
Sec.21.304.MANAGEMENT OF MUNICIPAL SOLID WASTE. (a) The |
|
|
district may assume the exclusive authority to exercise the powers |
|
|
granted to a county under Section 361.165, Health and Safety Code, |
|
|
including the power to issue licenses and exercise municipal solid |
|
|
waste management authority. |
|
|
(b) If the district exercises the licensing authority |
|
|
granted under this section, the district must adopt and enforce |
|
|
rules for the management of municipal solid waste. |
|
|
(c) A rule adopted under this section must be: |
|
|
(1) compatible with and at least as stringent as those |
|
|
of the commission; and |
|
|
(2) approved by the commission. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 4.19(e).) |
|
|
Sec.21.305.ON-SITE SEWAGE DISPOSAL SYSTEMS. (a) The |
|
|
district may apply to the commission for designation as an |
|
|
authorized agent to implement and enforce on-site sewage disposal |
|
|
rules under Chapter 366, Health and Safety Code. |
|
|
(b) If the district finds that due to the nature of the soil |
|
|
or drainage in the area it is necessary to prevent water pollution |
|
|
that may injure the public health, the board by rule may: |
|
|
(1) provide limits on the number and kind of septic |
|
|
tanks in an area defined by the rule; |
|
|
(2) prohibit the use of septic tanks in the area; or |
|
|
(3) prohibit the installation of new septic tanks in |
|
|
the area. |
|
|
(c) The board shall consult with the commission before the |
|
|
adoption of a rule under Subsection (b). |
|
|
(d) The board may not adopt a rule under Subsection (b) |
|
|
without first holding a public hearing in the area to be affected by |
|
|
the rule. |
|
|
(e) The board by order may provide for a gradual and |
|
|
systematic reduction of the number or kind of septic tanks in the |
|
|
area and, by rule, may provide for a system to license and issue |
|
|
permits for the installation of new septic tanks in the area |
|
|
affected. If the board adopts a license and permit system, a person |
|
|
may not install a septic tank in the area without a license or |
|
|
permit from the board. (V.A.C.S. Art. 4477-7k, Sec. 4.20.) |
|
|
Sec. 21.306. ACQUISITION, CONSTRUCTION, AND OPERATION OF |
|
|
DISPOSAL SYSTEMS. The district may: |
|
|
(1) acquire and provide by purchase, gift, or lease a |
|
|
disposal system in the district or in a county adjacent to the |
|
|
district; |
|
|
(2) construct and provide a disposal system in the |
|
|
district or in a county adjacent to the district; |
|
|
(3) operate or sell a disposal system that it |
|
|
constructs or acquires; |
|
|
(4) contract with a person to operate and maintain a |
|
|
disposal system belonging to the person; and |
|
|
(5) contract with a person to train or supervise |
|
|
employees of a disposal system. (V.A.C.S. Art. 4477-7k, Secs. |
|
|
1.03(9), 4.21.) |
|
|
Sec.21.307.WASTE DISPOSAL CONTRACTS. (a) The district |
|
|
may contract to receive and to treat or dispose of waste from a |
|
|
person in the district. |
|
|
(b) The district shall set fees in the contract after |
|
|
considering: |
|
|
(1) the quality of the waste; |
|
|
(2) the quantity of the waste; |
|
|
(3) the difficulty encountered in treating or |
|
|
disposing of the waste; |
|
|
(4) operation and maintenance expenses and debt |
|
|
retirement services; and |
|
|
(5) any other reasonable consideration. (V.A.C.S. |
|
|
Art. 4477-7k, Sec. 4.22.) |
|
|
[Sections 21.308-21.350 reserved for expansion] |
|
|
SUBCHAPTER H. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.21.351.ACCOUNTING. The district shall keep complete |
|
|
and accurate accounts of its business transactions in accordance |
|
|
with generally accepted methods of accounting. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 3.14(a).) |
|
|
Sec.21.352.ANNUAL BUDGET. (a) The district's annual |
|
|
budget must contain a complete financial statement, including a |
|
|
statement of: |
|
|
(1) the outstanding district obligations; |
|
|
(2) the amount of cash on hand to the credit of each |
|
|
district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate that will be required. |
|
|
(b) The board may amend the budget after adoption. |
|
|
(c) The district may not spend money for an expense not |
|
|
included in the annual budget or an amendment to it unless the board |
|
|
by order declares the expense to be necessary. (V.A.C.S. Art. |
|
|
4477-7k, Secs. 5.03(b), 5.04, 5.05.) |
|
|
Sec. 21.353. SWORN STATEMENT REGARDING MONEY AND |
|
|
DISBURSEMENTS. As soon as practicable after the close of the fiscal |
|
|
year, the district treasurer shall prepare for the board a sworn |
|
|
statement of: |
|
|
(1) the amount of money that belongs to the district; |
|
|
and |
|
|
(2) an account of the disbursement of that money. |
|
|
(V.A.C.S. Art. 4477-7k, Sec. 5.06.) |
|
|
Sec.21.354.DEPOSITORY. (a) The board shall name one or |
|
|
more banks to serve as depository for the district's money. |
|
|
(b) District money, other than money transmitted to a bank |
|
|
for payment of bonds issued by the district, shall be deposited as |
|
|
received with the depository bank and shall remain on deposit. |
|
|
(c) Before the district deposits money in a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation, the bank must execute a bond or |
|
|
provide other security in an amount sufficient to secure from loss |
|
|
the amount of the district's deposits that exceed the amount |
|
|
secured by the Federal Deposit Insurance Corporation. |
|
|
(d) This section does not limit the board's power to invest |
|
|
the district's money as provided by Subchapter A, Chapter 2256, |
|
|
Government Code. (V.A.C.S. Art. 4477-7k, Sec. 5.07.) |
|
|
Sec.21.355.INVESTMENTS. (a) The board may place district |
|
|
money in a certificate of deposit of a state or national bank or a |
|
|
state or federal savings and loan association in this state if the |
|
|
money is secured in the manner required for the security of county |
|
|
funds. |
|
|
(b) The board by resolution may provide that an authorized |
|
|
representative may invest and reinvest district money and provide |
|
|
for money to be withdrawn from the appropriate district accounts |
|
|
for investments on terms the board considers advisable. (V.A.C.S. |
|
|
Art. 4477-7k, Secs. 5.08(b), (c).) |
|
|
Sec.21.356.PAYMENT OF EXPENSES. (a) The board may pay: |
|
|
(1) costs and expenses necessarily incurred in the |
|
|
district's operation; |
|
|
(2) legal fees; and |
|
|
(3) other incidental expenses. |
|
|
(b) The board may reimburse a person for money advanced for |
|
|
a payment described by Subsection (a). |
|
|
(c) A payment may be made from the proceeds of district |
|
|
bonds, taxes, or fees or from other district revenue. (V.A.C.S. |
|
|
Art. 4477-7k, Sec. 5.09.) |
|
|
Sec.21.357.BORROWING MONEY. The district may borrow |
|
|
money for any purpose authorized by this chapter. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 5.10.) |
|
|
Sec.21.358.PAYMENT OF JUDGMENTS. A court of this state |
|
|
that renders a money judgment against the district may require the |
|
|
board to pay the judgment from money in the district depository that |
|
|
is not dedicated to the payment of any district debt. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 3.17(c).) |
|
|
[Sections 21.359-21.400 reserved for expansion] |
|
|
SUBCHAPTER I. BONDS |
|
|
Sec.21.401.AUTHORITY TO ISSUE BONDS. The board may issue |
|
|
and sell bonds in the district's name to acquire land and construct |
|
|
works, improvements, and waste disposal, treatment, and other |
|
|
facilities, plants, pipelines, equipment, and appliances as |
|
|
provided by this chapter. (V.A.C.S. Art. 4477-7k, Sec. 6.01.) |
|
|
Sec.21.402.BOND PAYMENT. The board may provide for the |
|
|
payment of the principal of and interest on the bonds: |
|
|
(1) from the imposition of property taxes on all |
|
|
taxable property in the district; |
|
|
(2) by pledging all or part of the designated revenue |
|
|
from the ownership or operation of the district's works, |
|
|
improvements, and facilities; or |
|
|
(3) from a combination of the sources listed by |
|
|
Subdivisions (1) and (2). (V.A.C.S. Art. 4477-7k, Sec. 6.02.) |
|
|
Sec.21.403.BOND ELECTION. (a) The district may not issue |
|
|
bonds until the issuance is approved by a majority of voters voting |
|
|
in the district at an election held for that purpose. |
|
|
(b) The board may order a bond election. The order calling |
|
|
the election must state: |
|
|
(1) the hours during which the polls will be open; |
|
|
(2) the location of the polling places; |
|
|
(3) the amount of bonds to be authorized; and |
|
|
(4) the maximum maturity of the bonds. |
|
|
(c) At an election to authorize bonds, the ballot must be |
|
|
printed to provide for voting for or against the issuance of bonds |
|
|
and the imposition of property taxes for payment of the bonds. |
|
|
(d) If a majority of the votes cast at the election favor the |
|
|
issuance of the bonds, the bonds may be issued by the board. If a |
|
|
majority of the votes cast at the election do not favor issuance of |
|
|
the bonds, the bonds may not be issued. (V.A.C.S. Art. 4477-7k, |
|
|
Secs. 6.03(a), (b), (d), (e) (part).) |
|
|
Sec.21.404.MATURITY OF BONDS. District bonds may mature |
|
|
not more than 50 years after the date of issuance. (V.A.C.S. Art. |
|
|
4477-7k, Sec. 6.04(b) (part).) |
|
|
Sec.21.405.SIGNATURE. District bonds must be signed and |
|
|
executed as provided by the board in the resolution or order |
|
|
authorizing the bonds. (V.A.C.S. Art. 4477-7k, Sec. 6.04(d) |
|
|
(part).) |
|
|
Sec.21.406.BOND PROVISIONS. (a) In an order or |
|
|
resolution authorizing the issuance of bonds, including refunding |
|
|
bonds, the board may: |
|
|
(1) provide for the flow of money; |
|
|
(2) provide for the establishment and maintenance of |
|
|
an interest and sinking fund, a reserve fund, and other funds; and |
|
|
(3) prohibit the further issuance of bonds or other |
|
|
obligations payable from the pledged fees or reserve the right to |
|
|
issue additional bonds to be secured by a pledge of and payable from |
|
|
the pledged fees on a parity with or subordinate to the pledge in |
|
|
support of the bonds being issued; and |
|
|
(4) provide for other provisions as the board |
|
|
determines. |
|
|
(b) The board may adopt and have executed any other |
|
|
proceeding or instrument necessary and convenient in the issuance |
|
|
of bonds. (V.A.C.S. Art. 4477-7k, Sec. 6.05.) |
|
|
Sec.21.407.MANDAMUS BY BONDHOLDERS. A holder of a |
|
|
district bond is entitled, in addition to any other right or remedy |
|
|
provided by law, to a writ of mandamus requiring the district and |
|
|
its officials to observe and perform any covenant, condition, or |
|
|
obligation provided by the order or resolution authorizing issuance |
|
|
of the bond that the district fails to observe or perform, |
|
|
including: |
|
|
(1) a default in the payment of principal, interest, |
|
|
or redemption price on the bond when due; and |
|
|
(2) a failure to make payment into any fund created in |
|
|
the order or resolution. (V.A.C.S. Art. 4477-7k, Sec. 6.09.) |
|
|
Sec.21.408.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (V.A.C.S. |
|
|
Art. 4477-7k, Secs. 6.07(a), (c) (part).) |
|
|
Sec.21.409.TAX EXEMPTION. District bonds, transactions |
|
|
relating to the bonds, and profits made in the sale of the bonds are |
|
|
exempt from state taxation or taxation by a municipality, county, |
|
|
special district, or other political subdivision of the state. |
|
|
(V.A.C.S. Art. 4477-7k, Sec. 7.01 (part).) |
|
|
[Sections 21.410-21.450 reserved for expansion] |
|
|
SUBCHAPTER J. TAXES |
|
|
Sec.21.451.AUTHORITY TO IMPOSE PROPERTY TAXES. The board |
|
|
annually may impose a tax on all property in the district subject to |
|
|
district taxation. (V.A.C.S. Art. 4477-7k, Secs. 7.02(a) (part), |
|
|
7.03(b).) |
|
|
Sec.21.452.AMOUNT OF TAX. (a) The amount of tax imposed |
|
|
by the board must be in an amount necessary to pay: |
|
|
(1) the principal of and interest on district bonds; |
|
|
and |
|
|
(2) the expense of assessing and collecting taxes. |
|
|
(b) The district may impose a maintenance and operating tax |
|
|
in an amount not to exceed three cents on each $100 of assessed |
|
|
valuation of property in the district to pay the district's |
|
|
maintenance and operating expenses. (V.A.C.S. Art. 4477-7k, Sec. |
|
|
7.02 (part).) |
|
|
Sec.21.453.TAX RATE. In setting the tax rate, the board |
|
|
shall take into consideration the income of the district from |
|
|
sources other than taxation. (V.A.C.S. Art. 4477-7k, Sec. 7.04 |
|
|
(part).) |
|
|
Sec.21.454.TAX COLLECTOR. The board may: |
|
|
(1) provide for the appointment of a tax collector for |
|
|
the district; or |
|
|
(2) contract for the collection of taxes as provided |
|
|
by the Tax Code. (V.A.C.S. Art. 4477-7k, Sec. 7.05(b).) |
|
|
SECTION 1.02. Subtitle A, Title 3, Special District Local |
|
|
Laws Code, is amended by adding Chapters 1007, 1010, 1012, 1013, |
|
|
1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, |
|
|
1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1036, 1037, |
|
|
1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, |
|
|
1049, 1050, 1051, 1052, 1053, 1054, 1055, 1057, 1059, 1060, 1062, |
|
|
1065, 1066, 1068, 1070, and 1071 to read as follows: |
|
|
CHAPTER 1007. BIG BEND REGIONAL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1007.001. DEFINITIONS |
|
|
Sec. 1007.002. AUTHORITY FOR CREATION |
|
|
Sec. 1007.003. DISTRICT TERRITORY |
|
|
Sec. 1007.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1007.005. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1007.006-1007.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1007.051. BOARD ELECTION; TERM |
|
|
Sec. 1007.052. NOTICE OF ELECTION |
|
|
Sec. 1007.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1007.054. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1007.055. OFFICERS |
|
|
Sec. 1007.056. COMPENSATION; EXPENSES |
|
|
Sec. 1007.057. DISTRICT ADMINISTRATOR |
|
|
Sec. 1007.058. EMPLOYEES |
|
|
Sec. 1007.059. RETIREMENT BENEFITS |
|
|
Sec. 1007.060. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
[Sections 1007.061-1007.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1007.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1007.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1007.103. MEDICAL SERVICES FOR PRESIDIO COUNTY |
|
|
Sec. 1007.104. MANAGEMENT AND CONTROL OF DISTRICT |
|
|
Sec. 1007.105. HOSPITAL SYSTEM |
|
|
Sec. 1007.106. RULES |
|
|
Sec. 1007.107. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1007.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1007.109. SURPLUS PROPERTY |
|
|
Sec. 1007.110. EMINENT DOMAIN |
|
|
Sec. 1007.111. GIFTS AND ENDOWMENTS |
|
|
Sec. 1007.112. CONTRACTS WITH POLITICAL SUBDIVISIONS |
|
|
FOR HOSPITAL AND MEDICAL CARE |
|
|
Sec. 1007.113. PAYMENT FOR TREATMENT; PROCEDURE |
|
|
[Sections 1007.114-1007.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1007.151. BUDGET |
|
|
Sec. 1007.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1007.153. FISCAL YEAR |
|
|
Sec. 1007.154. ANNUAL AUDIT |
|
|
Sec. 1007.155. DEPOSITORY |
|
|
[Sections 1007.156-1007.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1007.201. BONDS |
|
|
Sec. 1007.202. TAX TO PAY BONDS |
|
|
Sec. 1007.203. BOND ELECTION |
|
|
Sec. 1007.204. MATURITY OF BONDS |
|
|
Sec. 1007.205. EXECUTION OF BONDS |
|
|
[Sections 1007.206-1007.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1007.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1007.252. TAX RATE |
|
|
Sec. 1007.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1007. BIG BEND REGIONAL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1007.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Big Bend Regional Hospital |
|
|
District. (New.) |
|
|
Sec.1007.002.AUTHORITY FOR CREATION. The district is |
|
|
created under Section 9, Article IX, Texas Constitution. (Acts |
|
|
59th Leg., R.S., Ch. 643, Sec. 1.) |
|
|
Sec.1007.003.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of: |
|
|
(1) Presidio County, including all "cut over" or |
|
|
"banco" land on the north side of the Rio Grande; and |
|
|
(2) Brewster County. (Acts 59th Leg., R.S., Ch. 643, |
|
|
Secs. 2(a), 2A(h) (part).) |
|
|
Sec. 1007.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district's hospital |
|
|
system and any indebtedness incurred by the district under this |
|
|
chapter may not become a charge against or obligation of this state. |
|
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 18 (part).) |
|
|
Sec.1007.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 18 (part).) |
|
|
[Sections 1007.006-1007.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1007.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of five directors elected from single-member voting |
|
|
subdistricts established by the board. |
|
|
(b) The board shall revise each single-member subdistrict |
|
|
after each federal decennial census to reflect population changes. |
|
|
At the first election after the subdistricts are revised, a new |
|
|
director shall be elected from each subdistrict. The directors |
|
|
shall draw lots to determine which two directors shall serve |
|
|
two-year terms and which three directors shall serve four-year |
|
|
terms. |
|
|
(c) Directors serve staggered four-year terms. |
|
|
(d) An election shall be held on the uniform election date |
|
|
in May of each even-numbered year to elect the appropriate number of |
|
|
directors. (Acts 59th Leg., R.S., Ch. 643, Secs. 2B(c) (part), |
|
|
2C(c), (g), 7(b) (part).) |
|
|
Sec.1007.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election must be |
|
|
published one time in a newspaper with general circulation in the |
|
|
district. (Acts 59th Leg., R.S., Ch. 643, Sec. 7(c), as added by |
|
|
Acts 72nd Leg., R.S., Ch. 89.) |
|
|
Sec.1007.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be a candidate for or serve as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) a district employee; |
|
|
(2) a party to a contract with the district to perform |
|
|
services for compensation; or |
|
|
(3) a physician who has staff privileges at a district |
|
|
facility. |
|
|
(c) A person who is elected from a single-member subdistrict |
|
|
or who is appointed to fill a vacancy for a single-member |
|
|
subdistrict must reside in that subdistrict. (Acts 59th Leg., |
|
|
R.S., Ch. 643, Secs. 2C(h) (part), 7B(a), (c).) |
|
|
Sec. 1007.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall qualify for office by executing |
|
|
a good and sufficient commercial bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for the directors' bonds. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited in the district depository |
|
|
for safekeeping. (Acts 59th Leg., R.S., Ch. 643, Sec. 8(a).) |
|
|
Sec.1007.055.OFFICERS. The board shall elect from among |
|
|
its members a president, secretary, and treasurer at the first |
|
|
meeting of the board after each directors' election. (Acts 59th |
|
|
Leg., R.S., Ch. 643, Sec. 8(b).) |
|
|
Sec.1007.056.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but is entitled to reimbursement for necessary |
|
|
expenses incurred in the performance of official duties. (Acts 59th |
|
|
Leg., R.S., Ch. 643, Sec. 8(c).) |
|
|
Sec.1007.057.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
employ a district administrator to manage the operations of the |
|
|
hospital system. |
|
|
(b) The district administrator may employ necessary |
|
|
personnel to perform the services provided by the system. (Acts |
|
|
59th Leg., R.S., Ch. 643, Sec. 12(e) (part).) |
|
|
Sec.1007.058.EMPLOYEES. The board may employ an attorney, |
|
|
general manager, bookkeeper, architect, and other employees |
|
|
necessary for the efficient operation of the district. (Acts 59th |
|
|
Leg., R.S., Ch. 643, Sec. 12(e) (part).) |
|
|
Sec.1007.059.RETIREMENT BENEFITS. The board may enter |
|
|
into any contract or agreement with this state or the federal |
|
|
government that is required to establish or continue a retirement |
|
|
program for the benefit of the district's employees. (Acts 59th |
|
|
Leg., R.S., Ch. 643, Sec. 12(h).) |
|
|
Sec.1007.060.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
The board shall: |
|
|
(1) maintain all district records, including books, |
|
|
accounts, notices, minutes, and other matters of the district and |
|
|
its operation, at the district office; and |
|
|
(2) make those records available for public inspection |
|
|
at reasonable times. (Acts 59th Leg., R.S., Ch. 643, Sec. 12(b).) |
|
|
[Sections 1007.061-1007.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1007.101.DISTRICT RESPONSIBILITY. The district shall |
|
|
provide all necessary hospital and medical care for the district's |
|
|
needy inhabitants. (Acts 59th Leg., R.S., Ch. 643, Sec. 3 (part).) |
|
|
Sec. 1007.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
|
than the district, may not impose a tax or issue bonds or other |
|
|
obligations to provide hospital service or medical care in the |
|
|
district. (Acts 59th Leg., R.S., Ch. 643, Sec. 3 (part).) |
|
|
Sec.1007.103.MEDICAL SERVICES FOR PRESIDIO COUNTY. (a) |
|
|
The board shall periodically review the feasibility and |
|
|
desirability of operating a hospital in Presidio County. |
|
|
(b) The district shall operate a facility that provides |
|
|
medical services in Presidio County. At a minimum, the facility |
|
|
must provide outpatient medical services to the district's |
|
|
residents. |
|
|
(c) The board may contract or otherwise cooperate with |
|
|
another entity to provide the services required by Subsection (b). |
|
|
(Acts 59th Leg., R.S., Ch. 643, Secs. 2E(b) (part), 2F(a) (part), |
|
|
(b).) |
|
|
Sec.1007.104.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
|
management and control of the district is vested in the board, and |
|
|
the board has full power to manage and control the district. (Acts |
|
|
59th Leg., R.S., Ch. 643, Secs. 2E(a) (part), 12(a) (part).) |
|
|
Sec.1007.105.HOSPITAL SYSTEM. The district has the |
|
|
responsibility to establish a hospital or hospital system within |
|
|
its boundaries to provide hospital and medical care to the |
|
|
district's residents. (Acts 59th Leg., R.S., Ch. 643, Sec. 3 |
|
|
(part).) |
|
|
Sec.1007.106.RULES. (a) The board shall adopt rules for |
|
|
the efficient operation of the district, including district |
|
|
facilities. |
|
|
(b) The board shall: |
|
|
(1) publish the rules in book form; and |
|
|
(2) provide copies to interested persons on request at |
|
|
district expense. (Acts 59th Leg., R.S., Ch. 643, Sec. 12(c).) |
|
|
Sec.1007.107.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe the method of making purchases and expenditures |
|
|
and the manner of accounting and control used by the district. |
|
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 12(e) (part).) |
|
|
Sec. 1007.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. The board may sell, lease, or otherwise dispose of |
|
|
property, including facilities or equipment, for the district. The |
|
|
sale or other disposal must be at a public sale and at a price and on |
|
|
terms the board determines are most advantageous to the district. |
|
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 12(i).) |
|
|
Sec.1007.109.SURPLUS PROPERTY. The board may donate to |
|
|
another governmental entity or to a charitable organization any |
|
|
surplus personal property or equipment if the donation serves a |
|
|
public purpose and is accompanied by adequate consideration. (Acts |
|
|
59th Leg., R.S., Ch. 643, Sec. 12(j).) |
|
|
Sec.1007.110.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any real, personal, or mixed property located in |
|
|
district territory if the interest is necessary or convenient for |
|
|
the district to exercise a power or duty conferred on the district |
|
|
by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in the trial court money or a |
|
|
bond as provided by Section 21.021(a), Property Code. |
|
|
(c) In a condemnation proceeding, the district is not |
|
|
required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; or |
|
|
(2) provide a bond for costs or a supersedeas bond on |
|
|
an appeal or writ of error. (Acts 59th Leg., R.S., Ch. 643, Sec. |
|
|
15.) |
|
|
Sec.1007.111.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board under the directions, limitations, or |
|
|
other provisions prescribed in writing by the donor that are not |
|
|
inconsistent with the proper management of the district. (Acts |
|
|
59th Leg., R.S., Ch. 643, Sec. 12(f).) |
|
|
Sec. 1007.112. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR |
|
|
HOSPITAL AND MEDICAL CARE. The board may contract with another |
|
|
political subdivision to provide hospital and medical care for |
|
|
needy persons who reside outside the district. (Acts 59th Leg., |
|
|
R.S., Ch. 643, Sec. 12(g).) |
|
|
Sec.1007.113.PAYMENT FOR TREATMENT; PROCEDURE. (a) A |
|
|
person who resides in the district is entitled to receive necessary |
|
|
medical and hospital care regardless of whether the person has the |
|
|
ability to pay for the care. |
|
|
(b) The board by rule shall adopt a procedure for |
|
|
determining: |
|
|
(1) the ability of a patient to pay for the patient's |
|
|
medical and hospital care; and |
|
|
(2) the amount each patient is required to pay. (Acts |
|
|
59th Leg., R.S., Ch. 643, Sec. 14.) |
|
|
[Sections 1007.114-1007.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1007.151.BUDGET. The board shall prepare a budget |
|
|
that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections for the next |
|
|
fiscal year; and |
|
|
(3) the amount of taxes required to be imposed to meet |
|
|
the proposed budget. (Acts 59th Leg., R.S., Ch. 643, Sec. 13(b).) |
|
|
Sec.1007.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in the district not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any person who owns taxable property in the district and |
|
|
has rendered that property for taxation is entitled to: |
|
|
(1) appear at the hearing; and |
|
|
(2) be heard regarding any item in the proposed |
|
|
budget. (Acts 59th Leg., R.S., Ch. 643, Secs. 13(c), (d).) |
|
|
Sec.1007.153.FISCAL YEAR. The district's fiscal year is |
|
|
from October 1 to September 30. (Acts 59th Leg., R.S., Ch. 643, |
|
|
Sec. 13(a).) |
|
|
Sec.1007.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
require an independent audit of the district's books and records. |
|
|
(b) Not later than December 1 each year, the board shall |
|
|
file a copy of the audit with: |
|
|
(1) the comptroller; and |
|
|
(2) the district. (Acts 59th Leg., R.S., Ch. 643, Sec. |
|
|
12(d).) |
|
|
Sec.1007.155.DEPOSITORY. (a) The board by resolution |
|
|
shall designate a bank in Brewster or Presidio County as the |
|
|
district's depository. The designated bank serves for two years |
|
|
and until a successor is designated. |
|
|
(b) All district money shall be deposited in the depository |
|
|
and secured in the manner provided for securing county funds. (Acts |
|
|
59th Leg., R.S., Ch. 643, Sec. 16.) |
|
|
[Sections 1007.156-1007.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1007.201.BONDS. The district may issue bonds to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings or improvements; and |
|
|
(2) equip buildings for hospital purposes. (Acts 59th |
|
|
Leg., R.S., Ch. 643, Secs. 10(a) (part), 11(a) (part).) |
|
|
Sec.1007.202.TAX TO PAY BONDS. The board may issue bonds |
|
|
under Section 1007.201 only if the board imposes an ad valorem tax |
|
|
at a rate sufficient to create an interest and sinking fund to pay |
|
|
the principal of and interest on the bonds as the bonds mature. |
|
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 11(c).) |
|
|
Sec.1007.203.BOND ELECTION. (a) The board may issue |
|
|
bonds under Section 1007.201 only if the bonds are authorized by a |
|
|
majority of the district voters voting in an election held for that |
|
|
purpose. The total face value of the bonds may not exceed the |
|
|
amount specified in the election order. |
|
|
(b) The board may order a bond election at any time. |
|
|
(c) The order calling an election must include: |
|
|
(1) the time of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the form of the ballots; |
|
|
(4) the presiding judge for each polling place; |
|
|
(5) the purpose of the bond issuance; |
|
|
(6) the amount of the proposed bond issuance; |
|
|
(7) the maximum interest rate of the bonds; and |
|
|
(8) the maximum maturity of the bonds. |
|
|
(d) A substantial copy of the election order shall be |
|
|
published in a newspaper of general circulation in the district |
|
|
once a week for two consecutive weeks before the date of the |
|
|
election. The first notice must be published not later than the |
|
|
14th day immediately preceding the day of the election. |
|
|
(e) A copy of the election results must be filed with the |
|
|
county clerk and become a public record. (Acts 59th Leg., R.S., Ch. |
|
|
643, Secs. 4(c), (d), (e) (part), 10(a) (part), (b), (d), 11(a) |
|
|
(part).) |
|
|
Sec.1007.204.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
59th Leg., R.S., Ch. 643, Sec. 10(c) (part).) |
|
|
Sec.1007.205.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
59th Leg., R.S., Ch. 643, Sec. 11(b) (part).) |
|
|
[Sections 1007.206-1007.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1007.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The tax may be used only to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued under this chapter; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire sites for additions to the hospital |
|
|
system. (Acts 59th Leg., R.S., Ch. 643, Secs. 9(a) (part), (c).) |
|
|
Sec.1007.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 59th Leg., R.S., Ch. 643, Sec. 9(a) |
|
|
(part).) |
|
|
Sec.1007.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector for Brewster or Presidio County shall collect |
|
|
taxes for the district. (Acts 59th Leg., R.S., Ch. 643, Sec. 9(d) |
|
|
(part).) |
|
|
CHAPTER 1010. BURLESON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1010.001. DEFINITIONS |
|
|
Sec. 1010.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1010.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1010.004. DISTRICT TERRITORY |
|
|
Sec. 1010.005. CORRECTION OF INVALID PROCEDURES |
|
|
[Sections 1010.006-1010.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1010.051. BOARD ELECTION; TERM |
|
|
Sec. 1010.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1010.053. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1010.054. BOARD VACANCY |
|
|
Sec. 1010.055. OFFICERS |
|
|
Sec. 1010.056. COMPENSATION; EXPENSES |
|
|
Sec. 1010.057. VOTING REQUIREMENT |
|
|
Sec. 1010.058. MEETINGS |
|
|
Sec. 1010.059. PERSONNEL |
|
|
Sec. 1010.060. DUTIES OF MANAGER |
|
|
Sec. 1010.061. RETIREMENT, DISABILITY, AND DEATH |
|
|
COMPENSATION FUND |
|
|
Sec. 1010.062. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1010.063. SEAL |
|
|
[Sections 1010.064-1010.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1010.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1010.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1010.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1010.104. HOSPITAL SYSTEM |
|
|
Sec. 1010.105. DISTRICT ELECTIONS |
|
|
Sec. 1010.106. BYLAWS |
|
|
Sec. 1010.107. EMINENT DOMAIN |
|
|
Sec. 1010.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1010.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1010.110. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1010.111. CONTRACT IN NAME OF DISTRICT |
|
|
Sec. 1010.112. CONTRACTS FOR CARE AND TRAINING |
|
|
Sec. 1010.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1010.114. MISCELLANEOUS CONTRACT REQUIREMENTS |
|
|
Sec. 1010.115. LEASES |
|
|
Sec. 1010.116. PURCHASING |
|
|
Sec. 1010.117. DISPOSITION OF PROPERTY |
|
|
Sec. 1010.118. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1010.119. REIMBURSEMENT FOR SERVICES TO |
|
|
NONRESIDENTS |
|
|
Sec. 1010.120. AUTHORITY TO SUE AND BE SUED; SERVICE |
|
|
OF PROCESS |
|
|
[Sections 1010.121-1010.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1010.151. BUDGET |
|
|
Sec. 1010.152. AMENDMENTS TO BUDGET |
|
|
Sec. 1010.153. FISCAL YEAR |
|
|
Sec. 1010.154. ANNUAL AUDIT |
|
|
Sec. 1010.155. DEPOSITORY |
|
|
Sec. 1010.156. INVESTMENT OF DISTRICT MONEY |
|
|
[Sections 1010.157-1010.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1010.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1010.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1010.203. REVENUE AND SPECIAL OBLIGATION BONDS |
|
|
Sec. 1010.204. BOND ELECTION |
|
|
Sec. 1010.205. MATURITY OF BONDS |
|
|
Sec. 1010.206. EXECUTION OF BONDS |
|
|
Sec. 1010.207. BONDS EXEMPT FROM TAXATION |
|
|
Sec. 1010.208. REFUNDING OR FUNDING AND RETIRING |
|
|
CERTAIN OLDER BONDS |
|
|
[Sections 1010.209-1010.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1010.251. TAX ELECTION |
|
|
Sec. 1010.252. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1010.253. TAX RATE |
|
|
Sec. 1010.254. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1010.255. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
Sec. 1010.256. ASSESSMENT AND COLLECTION BY TAX |
|
|
ASSESSOR-COLLECTOR OF ANOTHER |
|
|
POLITICAL SUBDIVISION |
|
|
CHAPTER 1010. BURLESON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1010.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Burleson County Hospital |
|
|
District. (Acts 65th Leg., R.S., Ch. 726, Secs. 1 (part), 5(a) |
|
|
(part); New.) |
|
|
Sec.1010.002.AUTHORITY FOR OPERATION. The district |
|
|
operates under and has the rights, powers, and duties provided by |
|
|
Section 9, Article IX, Texas Constitution, and this chapter. (Acts |
|
|
65th Leg., R.S., Ch. 726, Secs. 1 (part), 3.) |
|
|
Sec.1010.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a governmental agency performing an essential public function in |
|
|
carrying out the purposes of this chapter. (Acts 65th Leg., R.S., |
|
|
Ch. 726, Secs. 13 (part), 30 (part).) |
|
|
Sec.1010.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Burleson County. |
|
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 2.) |
|
|
Sec.1010.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the board by |
|
|
resolution or order may provide an alternative procedure that |
|
|
conforms with the constitution. (Acts 65th Leg., R.S., Ch. 726, |
|
|
Sec. 31 (part).) |
|
|
[Sections 1010.006-1010.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1010.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of 11 elected directors. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve two-year terms; and |
|
|
(2) the terms of the five directors elected to |
|
|
even-numbered places expire in even-numbered years and the terms of |
|
|
the six directors elected to odd-numbered places expire in |
|
|
odd-numbered years. (Acts 65th Leg., R.S., Ch. 726, Sec. 8 (part).) |
|
|
Sec.1010.052.QUALIFICATIONS FOR OFFICE. To serve as a |
|
|
director, a person must be: |
|
|
(1) at least 21 years of age; and |
|
|
(2) a qualified voter of the district. (Acts 65th |
|
|
Leg., R.S., Ch. 726, Sec. 8 (part).) |
|
|
Sec. 1010.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) As soon as practicable after a director is elected |
|
|
or appointed, the director shall execute a bond for $5,000 that is: |
|
|
(1) approved by the board; |
|
|
(2) payable to the district; and |
|
|
(3) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be filed with the district and retained |
|
|
in the district's records. (Acts 65th Leg., R.S., Ch. 726, Secs. |
|
|
12(h), (i), (k).) |
|
|
Sec.1010.054.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the board shall promptly appoint a director for |
|
|
the unexpired term. (Acts 65th Leg., R.S., Ch. 726, Sec. 8 (part).) |
|
|
Sec.1010.055.OFFICERS. (a) The board shall elect from |
|
|
its membership a president, a vice president, a secretary, a |
|
|
treasurer, and any other officers the board considers necessary. |
|
|
The district's depository bank may be designated as district |
|
|
treasurer. |
|
|
(b) The president is the district's chief executive officer |
|
|
and shall preside at all board meetings. The vice president shall |
|
|
act as president if the president is absent or disabled. |
|
|
(c) The secretary shall: |
|
|
(1) act as president if both the president and vice |
|
|
president are absent or disabled; |
|
|
(2) act as secretary of the board; and |
|
|
(3) see that all district records and books are |
|
|
properly kept. |
|
|
(d) The board may appoint an assistant or deputy secretary |
|
|
to assist the secretary. The assistant or deputy secretary may |
|
|
certify the authenticity of any district record, including any |
|
|
proceeding related to district contracts or bonds or other |
|
|
indebtedness. |
|
|
(e) The board may require an officer to execute a bond that |
|
|
is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
officer's duties. |
|
|
(f) If a vacancy occurs in an office, the board shall |
|
|
appoint a replacement for the unexpired term. (Acts 65th Leg., |
|
|
R.S., Ch. 726, Secs. 5(b), 8 (part), 9(b), (c), (d), 12(d) (part).) |
|
|
Sec.1010.056.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for travel or other |
|
|
expenses incurred on the district's behalf if: |
|
|
(1) the director presents a verified statement; and |
|
|
(2) the board approves the expenses. (Acts 65th Leg., |
|
|
R.S., Ch. 726, Sec. 12(g).) |
|
|
Sec.1010.057.VOTING REQUIREMENT. A concurrence of six |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 65th Leg., R.S., Ch. 726, Sec. 9(a) (part).) |
|
|
Sec.1010.058.MEETINGS. (a) The board: |
|
|
(1) shall hold the board's meetings at the board's |
|
|
designated meeting place; |
|
|
(2) may establish a schedule of regular meetings to |
|
|
conduct district business; and |
|
|
(3) may hold special meetings at other times as |
|
|
district business requires. |
|
|
(b) Except as provided by this section, Chapter 551, |
|
|
Government Code, applies to board meetings. |
|
|
(c) If there is an emergency or urgent public necessity, |
|
|
posting of notice of a board meeting is not required. |
|
|
(d) Failure to post notice does not affect the validity of |
|
|
an action taken at a regular board meeting. Failure to post notice |
|
|
may affect the validity of an action taken at a special meeting |
|
|
unless the board declares, by an action taken at the special |
|
|
meeting, that an emergency exists. |
|
|
(e) Any interested person may attend a board meeting. (Acts |
|
|
65th Leg., R.S., Ch. 726, Sec. 11 (part).) |
|
|
Sec.1010.059.PERSONNEL. (a) The board shall employ or |
|
|
contract with all persons the board considers necessary or |
|
|
advisable to conduct district affairs, including doctors, nurses, |
|
|
medical technicians, engineers, architects, attorneys, financial |
|
|
advisors, a hospital administrator, bookkeepers, auditors, and |
|
|
secretaries. |
|
|
(b) The board shall determine the powers, duties, terms of |
|
|
office, and compensation of all employees and consultants by |
|
|
contract or by resolution or order of the board. The board may |
|
|
delegate to any district employee any power that the board |
|
|
considers advisable. |
|
|
(c) The board may remove any employee. |
|
|
(d) The board may require an employee to execute a bond |
|
|
payable to the district and conditioned on the faithful performance |
|
|
of the employee's duties. (Acts 65th Leg., R.S., Ch. 726, Secs. |
|
|
12(a) (part), (b), (c), (d) (part).) |
|
|
Sec.1010.060.DUTIES OF MANAGER. The district may |
|
|
delegate to the manager the power to: |
|
|
(1) manage and operate the district hospital or |
|
|
hospital system or a portion of the district hospital or hospital |
|
|
system; and |
|
|
(2) employ and discharge employees or appoint and |
|
|
remove doctors from the staff. (Acts 65th Leg., R.S., Ch. 726, Sec. |
|
|
15(b) (part).) |
|
|
Sec. 1010.061. RETIREMENT, DISABILITY, AND DEATH |
|
|
COMPENSATION FUND. (a) The board may: |
|
|
(1) provide for and administer a retirement, |
|
|
disability, and death compensation fund for district officers and |
|
|
employees; and |
|
|
(2) adopt a plan to effectuate the purpose of this |
|
|
section, including the forms of insurance and annuities that the |
|
|
board considers advisable. |
|
|
(b) The board may change a plan or rule after notice to the |
|
|
employees and a hearing. |
|
|
(c) As the board considers advisable, the board may invest |
|
|
money provided: |
|
|
(1) from the compensation of officers and employees |
|
|
participating in the fund and plan authorized by this section; and |
|
|
(2) by the district for the retirement, disability, |
|
|
and death compensation fund after the money has been received by the |
|
|
district. |
|
|
(d) The board may invest the money in: |
|
|
(1) bonds of the United States, this state, or any |
|
|
political subdivision of this state; |
|
|
(2) bonds issued by any agency of the United States if |
|
|
the payment of the principal and interest is guaranteed by the |
|
|
United States; and |
|
|
(3) life insurance policies, endowment or annuity |
|
|
contracts, or interest-bearing certificates of legal reserve life |
|
|
insurance companies authorized to write the contracts in this |
|
|
state. |
|
|
(e) A sufficient amount of money shall be kept on hand to |
|
|
meet the immediate payment of amounts likely to become due each year |
|
|
out of the fund as determined by the board. |
|
|
(f) The recipients or beneficiaries of the fund are not |
|
|
eligible for any other pension, retirement fund, or direct aid from |
|
|
this state unless the fund created under this chapter is released to |
|
|
the state as a condition precedent to receiving the other pension or |
|
|
aid or the joining of any other system. |
|
|
(g) The board may: |
|
|
(1) include hospitalization and medical benefits to |
|
|
district officers and employees as part of the compensation |
|
|
currently paid to the officers and employees; |
|
|
(2) adopt a plan or rule in connection with the |
|
|
benefits provided under Subdivision (1); or |
|
|
(3) amend or change a plan or rule adopted under |
|
|
Subdivision (2) as the board determines. |
|
|
(h) The board may contract with the state and federal |
|
|
governments as necessary to establish and continue a retirement |
|
|
program for the benefit of the district's employees. (Acts 65th |
|
|
Leg., R.S., Ch. 726, Secs. 16(a), (b), (c), (d), (e), (g).) |
|
|
Sec.1010.062.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
(a) The district shall maintain records and accounts in which full |
|
|
and proper entries are made of: |
|
|
(1) all dealings, transactions, and business matters |
|
|
that in any way affect or relate to the district; and |
|
|
(2) the allocation and application of all revenue |
|
|
relating to the dealings, transactions, and business matters. |
|
|
(b) The district records, including the audit report, shall |
|
|
be available for public inspection at reasonable hours and under |
|
|
reasonable circumstances. (Acts 65th Leg., R.S., Ch. 726, Sec. 17 |
|
|
(part).) |
|
|
Sec.1010.063.SEAL. The board shall adopt a seal for the |
|
|
district. (Acts 65th Leg., R.S., Ch. 726, Sec. 12(f).) |
|
|
[Sections 1010.064-1010.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1010.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 65th Leg., R.S., Ch. 726, Sec. |
|
|
4 (part).) |
|
|
Sec. 1010.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision other than the district |
|
|
may not impose a tax or issue bonds or other obligations for |
|
|
hospital purposes or to provide medical care in the district. (Acts |
|
|
65th Leg., R.S., Ch. 726, Sec. 4 (part).) |
|
|
Sec.1010.103.MANAGEMENT AND CONTROL. The board shall |
|
|
manage and control all district affairs. (Acts 65th Leg., R.S., Ch. |
|
|
726, Sec. 12(a) (part).) |
|
|
Sec.1010.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital or hospital system in |
|
|
the district by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and improvements for hospital and medical |
|
|
care purposes; and |
|
|
(2) equipping the buildings and improvements for those |
|
|
purposes. |
|
|
(b) The district shall provide for the administration, |
|
|
maintenance, and operation of the hospital or hospital system to |
|
|
furnish hospital and medical care in the district. |
|
|
(c) The board shall determine the type, number, and location |
|
|
of buildings required to maintain an adequate hospital system. |
|
|
(d) The hospital system may include: |
|
|
(1) domiciliary hospital care of the sick or injured; |
|
|
(2) outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) geriatric domiciliary care; |
|
|
(5) convalescent home facilities; |
|
|
(6) necessary nurses; |
|
|
(7) domiciliaries and training centers; |
|
|
(8) blood banks; |
|
|
(9) community health centers; |
|
|
(10) research centers or laboratories; and |
|
|
(11) any other facilities that the board considers |
|
|
necessary for hospital care. (Acts 65th Leg., R.S., Ch. 726, Secs. |
|
|
4 (part), 15 (part).) |
|
|
Sec.1010.105.DISTRICT ELECTIONS. (a) Each district |
|
|
election shall be called by resolution or order of the board. The |
|
|
order or resolution must specify: |
|
|
(1) the date of the election; |
|
|
(2) the proposition to be submitted and voted on; |
|
|
(3) the polling place; and |
|
|
(4) any other matter considered necessary or advisable |
|
|
by the board. |
|
|
(b) Notice of each district election shall be given by |
|
|
publishing one time a substantial copy of the election resolution |
|
|
or order in a newspaper of general circulation in the district at |
|
|
least 20 days before the date set for the election. |
|
|
(c) The board shall declare the results of a district |
|
|
election. (Acts 65th Leg., R.S., Ch. 726, Sec. 6 (part).) |
|
|
Sec.1010.106.BYLAWS. The board may adopt bylaws to |
|
|
govern: |
|
|
(1) the time, place, and manner of conducting board |
|
|
meetings; |
|
|
(2) the powers, duties, and responsibilities of the |
|
|
board's officers and employees; |
|
|
(3) the disbursement of money by check, draft, or |
|
|
warrant; |
|
|
(4) the appointment and authority of board committees; |
|
|
(5) the keeping of records and accounts; and |
|
|
(6) other matters the board considers appropriate. |
|
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 10.) |
|
|
Sec.1010.107.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a right, power, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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. (Acts 65th Leg., R.S., Ch. 726, Sec. |
|
|
26(a).) |
|
|
Sec.1010.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of any railroad, electric transmission, |
|
|
telegraph or telephone lines, conduits, poles, or facilities, or |
|
|
pipeline, the district must bear the actual cost of relocating, |
|
|
raising, lowering, rerouting, changing the grade, or altering the |
|
|
construction to provide comparable replacement without enhancement |
|
|
of facilities, after deducting the net salvage value derived from |
|
|
the old facility. (Acts 65th Leg., R.S., Ch. 726, Sec. 26(b).) |
|
|
Sec.1010.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent, in the board's opinion, with |
|
|
the proper management and objectives of the district. (Acts 65th |
|
|
Leg., R.S., Ch. 726, Sec. 29.) |
|
|
Sec.1010.110.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
district may enter into an operating or management contract with |
|
|
any person regarding any district hospital or any part of the |
|
|
district hospital system. (Acts 65th Leg., R.S., Ch. 726, Sec. |
|
|
15(b) (part).) |
|
|
Sec.1010.111.CONTRACT IN NAME OF DISTRICT. The district |
|
|
shall contract in the name of the district. (Acts 65th Leg., R.S., |
|
|
Ch. 726, Sec. 13 (part).) |
|
|
Sec.1010.112.CONTRACTS FOR CARE AND TRAINING. (a) The |
|
|
district may contract with this state, including agencies of this |
|
|
state, or the United States for: |
|
|
(1) the rendition of hospital or medical care; and |
|
|
(2) the training of doctors, nurses, and other health |
|
|
care disciplines. |
|
|
(b) The board may contract with any lessee of the district's |
|
|
hospitals or any other person to provide hospital care to needy |
|
|
district inhabitants for payments and terms and under conditions |
|
|
that the board considers to be in the district's best interests. |
|
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 14 (part).) |
|
|
Sec. 1010.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with any |
|
|
political subdivision or governmental agency for investigatory or |
|
|
other services as to: |
|
|
(1) the hospital or medical needs of district |
|
|
inhabitants; or |
|
|
(2) the hospital or medical care of the inhabitants of |
|
|
the other political subdivision or governmental agency. (Acts 65th |
|
|
Leg., R.S., Ch. 726, Sec. 14 (part).) |
|
|
Sec.1010.114.MISCELLANEOUS CONTRACT REQUIREMENTS. (a) |
|
|
The board may not enter into a contract calling for or requiring the |
|
|
expenditure, payment, or creation or imposition of an obligation or |
|
|
liability of any nature on the district in excess of $5,000, unless |
|
|
the proposed contract is first submitted to competitive bids. |
|
|
(b) Notice of the time and place the contract will be |
|
|
awarded must be published once a week for two consecutive weeks in a |
|
|
newspaper of general circulation in the district. The first notice |
|
|
must be published not later than the 14th day before the date set |
|
|
for the receipt of bids. The notice must specify that the plans and |
|
|
specifications for the proposed project, or the specifications for |
|
|
the machinery, supplies, equipment, or materials to be purchased, |
|
|
are on file with a designated district representative for |
|
|
examination without charge. |
|
|
(c) A contract for construction or the purchase of |
|
|
materials, equipment, supplies, or machinery awarded under this |
|
|
chapter shall be awarded to the lowest responsible bidder and may be |
|
|
awarded on a lump-sum basis or on a unit price basis, as the board |
|
|
shall determine. |
|
|
(d) After performance of a construction contract has |
|
|
started, the board may approve change orders necessary to: |
|
|
(1) change the plans or specifications; or |
|
|
(2) decrease or increase: |
|
|
(A) the quantity of work to be performed; or |
|
|
(B) the materials, equipment, or supplies to be |
|
|
furnished. |
|
|
(e) The board may not increase the total contract price by a |
|
|
change order under Subsection (d) unless the board provides for the |
|
|
payment of the added cost by appropriating current or bond funds for |
|
|
that purpose, but the original contract price may not be increased |
|
|
by more than 25 percent. |
|
|
(f) The original contract price may not be decreased by more |
|
|
than 25 percent without the consent of the contractor. |
|
|
(g) The board may reject any bid. If a contract is for the |
|
|
construction of public works and requires the expenditure of $5,000 |
|
|
or more, a successful bidder is required to give a good and |
|
|
sufficient payment bond and performance bond. Each bond must: |
|
|
(1) be in the full amount of the contract price; and |
|
|
(2) be executed by a surety company authorized to do |
|
|
business in this state under Chapter 2253, Government Code. |
|
|
(h) This section does not apply to: |
|
|
(1) Section 1010.104(b), 1010.110, 1010.115, or |
|
|
1010.117; |
|
|
(2) a contract for personal or professional services; |
|
|
or |
|
|
(3) the purchase of land, buildings, or rights-of-way. |
|
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 22.) |
|
|
Sec.1010.115.LEASES. (a) The district through the board |
|
|
may lease all or part of the buildings and facilities comprising the |
|
|
hospital system to any person on terms the board considers to be in |
|
|
the district's best interest. The term of a lease may not exceed 40 |
|
|
years. |
|
|
(b) When leasing a building or other facility, the board may |
|
|
delegate as it considers appropriate the board's power to manage, |
|
|
control, and administer the leased buildings and facilities to |
|
|
furnish hospital care. |
|
|
(c) For each leased building or other facility, the board |
|
|
shall provide that the lessee charges sufficient rates for services |
|
|
rendered or goods provided at the leased premise that together with |
|
|
other sources of the lessee's revenue produce an amount sufficient |
|
|
to enable the lessee to pay the expenses of operating and |
|
|
maintaining the leased premise as the lessee is required to pay |
|
|
under the lease. The rates also must enable the lessee to pay lease |
|
|
rentals to the district that will be sufficient, when taken with any |
|
|
other source of the district's estimated revenue that are pledged |
|
|
for the same purpose, to: |
|
|
(1) pay the interest on any revenue or special |
|
|
obligation bonds that are payable wholly or partly from the lease |
|
|
rentals; |
|
|
(2) create and maintain a sinking fund to pay the |
|
|
principal of and premium, if any, on the bonds as they become due; |
|
|
(3) create and maintain a bond reserve fund and other |
|
|
fund as required by the bond resolution or trust indenture |
|
|
authorizing the issuance of the bonds; and |
|
|
(4) pay all other charges, fees, costs, and expenses |
|
|
that the lessee is required to pay under the resolution or |
|
|
indenture. |
|
|
(d) The lease, management agreement, bond resolution, or |
|
|
trust indenture may prescribe systems, methods, routines, |
|
|
procedures, and policies for the operation of the buildings and |
|
|
other facilities owned by the district. If all or part of the |
|
|
district's buildings or other facilities are leased, the district |
|
|
may delegate to the lessee the duty to establish the systems, |
|
|
methods, routines, procedures, and policies needed for the |
|
|
operation of the leased premise. (Acts 65th Leg., R.S., Ch. 726, |
|
|
Sec. 15(c) (part).) |
|
|
Sec.1010.116.PURCHASING. The board may purchase any |
|
|
material, supply, equipment, or vehicle needed by the district. |
|
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 12(e).) |
|
|
Sec.1010.117.DISPOSITION OF PROPERTY. The district may |
|
|
sell or otherwise dispose of any type of property, including |
|
|
equipment, on terms the board finds are in the best interest of the |
|
|
district. (Acts 65th Leg., R.S., Ch. 726, Sec. 15(d).) |
|
|
Sec.1010.118.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the board or a board representative may have an inquiry |
|
|
made into the financial circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the board or the board's authorized representative |
|
|
determines that the patient or those relatives cannot pay all or |
|
|
part of the costs of the patient's care and treatment, the amount of |
|
|
the costs that cannot be paid becomes a charge against the district. |
|
|
(c) If the inquiry under Subsection (a) discloses that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the board shall order the patient |
|
|
or those relatives to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, the board |
|
|
shall hear and determine the issue, after calling witnesses. |
|
|
(f) The final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 65th Leg., R.S., Ch. 726, Sec. 28 (part).) |
|
|
Sec.1010.119.REIMBURSEMENT FOR SERVICES TO NONRESIDENTS. |
|
|
If a welfare patient, who is not a district resident, is admitted to |
|
|
a district facility, the district may: |
|
|
(1) seek reimbursement from the patient's county of |
|
|
residence; and |
|
|
(2) sue for reimbursement. (Acts 65th Leg., R.S., Ch. |
|
|
726, Sec. 28 (part).) |
|
|
Sec. 1010.120. AUTHORITY TO SUE AND BE SUED; SERVICE OF |
|
|
PROCESS. (a) The district, through its directors, may sue and be |
|
|
sued in the district's own name in any court of this state. |
|
|
(b) Service of process in any suit may be made by serving any |
|
|
two directors. (Acts of the 65th Leg., R.S., Ch. 726, Sec. 13 |
|
|
(part).) |
|
|
[Sections 1010.121-1010.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1010.151.BUDGET. An annual budget for each fiscal |
|
|
year shall be prepared as directed by, and for approval of, the |
|
|
board. (Acts 65th Leg., R.S., Ch. 726, Sec. 17 (part).) |
|
|
Sec.1010.152.AMENDMENTS TO BUDGET. The board may amend |
|
|
the budget as the board considers necessary. (Acts 65th Leg., R.S., |
|
|
Ch. 726, Sec. 17 (part).) |
|
|
Sec.1010.153.FISCAL YEAR. The district's fiscal year |
|
|
ends on the last day of April. The board may change the fiscal year. |
|
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 17 (part).) |
|
|
Sec.1010.154.ANNUAL AUDIT. (a) The board shall have an |
|
|
independent certified public accountant audit all transactions |
|
|
relating to the district for each fiscal year. |
|
|
(b) The accountant's audit report shall be submitted to the |
|
|
board not later than the 90th day after the date the fiscal year |
|
|
ends. (Acts 65th Leg., R.S., Ch. 726, Sec. 17 (part).) |
|
|
Sec.1010.155.DEPOSITORY. (a) The board shall select one |
|
|
or more banks to serve as the district's depository. |
|
|
(b) District money shall be deposited as received with the |
|
|
district's depository bank. |
|
|
(c) All deposits shall be secured in the manner provided for |
|
|
securing county funds. Deposits may be placed on time deposit or |
|
|
used to purchase certificates of deposit. (Acts 65th Leg., R.S., |
|
|
Ch. 726, Sec. 23 (part).) |
|
|
Sec.1010.156.INVESTMENT OF DISTRICT MONEY. The board may |
|
|
invest district money in: |
|
|
(1) bonds of the United States, this state, or any |
|
|
political subdivision of this state; or |
|
|
(2) bonds issued by any agency of the United States if |
|
|
the payment of the principal and interest is guaranteed by the |
|
|
United States. (Acts 65th Leg., R.S., Ch. 726, Sec. 23 (part).) |
|
|
[Sections 1010.157-1010.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1010.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings and improvements for hospital purposes; |
|
|
and |
|
|
(2) equipping buildings or improvements for those |
|
|
purposes. (Acts 65th Leg., R.S., Ch. 726, Sec. 18 (part).) |
|
|
Sec.1010.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued under Section |
|
|
1010.201, the board shall impose an ad valorem tax on all property |
|
|
in the district subject to district taxation at a rate sufficient |
|
|
to: |
|
|
(1) pay the interest on the bonds as the interest comes |
|
|
due; and |
|
|
(2) provide and maintain a sinking fund adequate to |
|
|
pay the principal on the bonds as the principal matures. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of taxable property in the district. |
|
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 18 (part).) |
|
|
Sec.1010.203.REVENUE AND SPECIAL OBLIGATION BONDS. (a) |
|
|
The district may issue revenue or special obligation bonds as |
|
|
authorized by the laws of this state relating to the issuance of |
|
|
revenue or special obligation bonds, including Sections |
|
|
264.042-264.049 and 284.031, Health and Safety Code. |
|
|
(b) Bonds issued under this section may be payable from and |
|
|
secured by revenue, encumbrances, and mortgages as authorized by |
|
|
law. Any maintenance and operating expense of the system that is |
|
|
charged against the revenue of the system may include only items set |
|
|
forth and defined in the proceedings authorizing the bond issuance. |
|
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 19.) |
|
|
Sec.1010.204.BOND ELECTION. (a) The district may not |
|
|
issue bonds unless the bonds are authorized by a majority of the |
|
|
district voters voting at an election held for that purpose. |
|
|
(b) A proposition to authorize the issuance of district |
|
|
bonds may be submitted at any district election. (Acts 65th Leg., |
|
|
R.S., Ch. 726, Secs. 6 (part), 7 (part), 18 (part).) |
|
|
Sec.1010.205.MATURITY OF BONDS. District bonds, |
|
|
including revenue bonds, must mature not later than 40 years after |
|
|
the date of issuance. (Acts 65th Leg., R.S., Ch. 726, Sec. 20 |
|
|
(part).) |
|
|
Sec.1010.206.EXECUTION OF BONDS. Bonds shall be signed |
|
|
and executed as provided by the board in the resolution or order |
|
|
authorizing the issuance of bonds. (Acts 65th Leg., R.S., Ch. 726, |
|
|
Sec. 20 (part).) |
|
|
Sec.1010.207.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued or assumed by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 65th |
|
|
Leg., R.S., Ch. 726, Sec. 30 (part).) |
|
|
Sec. 1010.208. REFUNDING OR FUNDING AND RETIRING CERTAIN |
|
|
OLDER BONDS. (a) This section applies only to bonds approved in an |
|
|
election held before May 31, 1991. |
|
|
(b) Except as provided by Subsection (c) and |
|
|
notwithstanding any legal defect in the incurrence, issuance, or |
|
|
assumption of the obligation or indebtedness, the board may issue |
|
|
and sell bonds in the name and on the faith and credit of the |
|
|
district to refund or fund and retire any outstanding obligation or |
|
|
other indebtedness the district has incurred, issued, or assumed. |
|
|
(c) The board may not use the power granted by this section |
|
|
to convert Farmers Home Administration bonds to tax bonds. (Acts |
|
|
65th Leg., R.S., Ch. 726, Sec. 18A.) |
|
|
[Sections 1010.209-1010.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1010.251.TAX ELECTION. The district may impose a tax |
|
|
only if authorized by a majority of the district voters voting in an |
|
|
election held for that purpose. (Acts 65th Leg., R.S., Ch. 726, |
|
|
Sec. 6 (part).) |
|
|
Sec.1010.252.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The tax shall be imposed for and may be pledged to: |
|
|
(1) meet the requirements of district bonds; |
|
|
(2) provide for the district's maintenance and |
|
|
operating expenses, including the cost of contract payments for |
|
|
hospital care for needy district inhabitants; |
|
|
(3) make improvements and additions to the district's |
|
|
hospitals or hospital system; and |
|
|
(4) acquire necessary sites for hospitals or the |
|
|
hospital system by gift, purchase, lease, or condemnation. (Acts |
|
|
65th Leg., R.S., Ch. 726, Secs. 7 (part), 24(a) (part).) |
|
|
Sec.1010.253.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider all |
|
|
district income, including income from sources other than taxation |
|
|
that are available for the purposes described by Section |
|
|
1010.252(b). (Acts 65th Leg., R.S., Ch. 726, Secs. 7 (part), 24(a) |
|
|
(part), (b) (part).) |
|
|
Sec. 1010.254. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1010.255 |
|
|
or 1010.256. |
|
|
(b) The tax assessor-collector of Burleson County shall |
|
|
assess and collect taxes imposed by the district. (Acts 65th Leg., |
|
|
R.S., Ch. 726, Secs. 27(a) (part), (b) (part).) |
|
|
Sec. 1010.255. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by the board. |
|
|
(b) The district tax assessor-collector must: |
|
|
(1) reside in the district; and |
|
|
(2) own real property subject to district taxation. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the terms of employment; and |
|
|
(2) compensation. (Acts 65th Leg., R.S., Ch. 726, |
|
|
Secs. 27(a) (part), (c) (part).) |
|
|
Sec. 1010.256. ASSESSMENT AND COLLECTION BY TAX |
|
|
ASSESSOR-COLLECTOR OF ANOTHER POLITICAL SUBDIVISION. (a) The |
|
|
board may elect to have all or part of the district's taxes assessed |
|
|
and collected by a political subdivision in which any part of the |
|
|
district is located. An election under this subsection must be made |
|
|
by December 1 and governs the manner in which taxes are assessed and |
|
|
collected, until changed by the board. |
|
|
(b) The tax assessor or collector of the political |
|
|
subdivision shall assess or collect the appropriate district taxes |
|
|
in accordance with the board's election under Subsection (a) and |
|
|
for the compensation agreed on by the board and the governing body |
|
|
of the political subdivision. (Acts 65th Leg., R.S., Ch. 726, Secs. |
|
|
27(a) (part), (d) (part).) |
|
|
CHAPTER 1012. CHILDRESS COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1012.001. DEFINITIONS |
|
|
Sec. 1012.002. AUTHORITY FOR CREATION |
|
|
Sec. 1012.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1012.004. DISTRICT TERRITORY |
|
|
Sec. 1012.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1012.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1012.007-1012.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1012.051. BOARD ELECTION; TERM |
|
|
Sec. 1012.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1012.053. BOARD VACANCY |
|
|
Sec. 1012.054. OFFICERS |
|
|
Sec. 1012.055. COMPENSATION; EXPENSES |
|
|
Sec. 1012.056. VOTING REQUIREMENT |
|
|
Sec. 1012.057. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1012.058. INDIVIDUAL LIABILITY OF DIRECTORS |
|
|
Sec. 1012.059. CHIEF EXECUTIVE OFFICER; ASSISTANT |
|
|
CHIEF EXECUTIVE OFFICER |
|
|
Sec. 1012.060. GENERAL DUTIES OF CHIEF EXECUTIVE |
|
|
OFFICER |
|
|
Sec. 1012.061. EMPLOYEES |
|
|
Sec. 1012.062. LEGAL COUNSEL; OTHER PROFESSIONAL |
|
|
SERVICES |
|
|
Sec. 1012.063. RECRUITMENT OF MEDICAL PERSONNEL |
|
|
Sec. 1012.064. PERSONNEL CONTRACTS |
|
|
Sec. 1012.065. EDUCATIONAL PROGRAMS; COURSES |
|
|
Sec. 1012.066. RETIREMENT BENEFITS |
|
|
[Sections 1012.067-1012.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1012.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1012.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION AND DEBT |
|
|
Sec. 1012.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1012.104. HOSPITAL SYSTEM |
|
|
Sec. 1012.105. RULES |
|
|
Sec. 1012.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1012.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1012.108. EMINENT DOMAIN |
|
|
Sec. 1012.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1012.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1012.111. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1012.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1012.113. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1012.114-1012.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1012.151. BUDGET |
|
|
Sec. 1012.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1012.153. AMENDMENT OF BUDGET |
|
|
Sec. 1012.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1012.155. FISCAL YEAR |
|
|
Sec. 1012.156. ANNUAL AUDIT |
|
|
Sec. 1012.157. FINANCIAL REPORT |
|
|
Sec. 1012.158. DEPOSITORY |
|
|
Sec. 1012.159. GENERAL AUTHORITY TO BORROW MONEY; |
|
|
SECURITY |
|
|
Sec. 1012.160. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
|
SECURITY |
|
|
[Sections 1012.161-1012.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1012.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1012.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1012.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1012.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1012.205. REVENUE BONDS |
|
|
Sec. 1012.206. MATURITY OF BONDS |
|
|
Sec. 1012.207. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1012.208-1012.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1012.251. IMPOSITION OF AD VALOREM TAXES |
|
|
Sec. 1012.252. TAX RATE |
|
|
Sec. 1012.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1012.254-1012.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1012.301. DISSOLUTION; ELECTION |
|
|
Sec. 1012.302. NOTICE OF ELECTION |
|
|
Sec. 1012.303. BALLOT |
|
|
Sec. 1012.304. ELECTION RESULTS |
|
|
Sec. 1012.305. TRANSFER, SALE, OR ADMINISTRATION OF |
|
|
ASSETS |
|
|
Sec. 1012.306. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
Sec. 1012.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES |
|
|
Sec. 1012.308. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1012. CHILDRESS COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1012.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Childress County Hospital |
|
|
District. (New.) |
|
|
Sec.1012.002.AUTHORITY FOR CREATION. The district is |
|
|
created under the authority of Section 9, Article IX, Texas |
|
|
Constitution, and has the rights, powers, and duties prescribed by |
|
|
this chapter. (Acts 59th Leg., R.S., Ch. 647, Sec. 1 (part).) |
|
|
Sec.1012.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 59th Leg., R.S., Ch. 647, Sec. 10 (part).) |
|
|
Sec.1012.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Childress County, |
|
|
Texas. (Acts 59th Leg., R.S., Ch. 647, Sec. 1 (part).) |
|
|
Sec. 1012.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 21 (part).) |
|
|
Sec.1012.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 59th Leg., R.S., Ch. 647, Sec. 21 (part).) |
|
|
[Sections 1012.007-1012.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1012.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of seven directors elected from the district at |
|
|
large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms, with |
|
|
three directors elected in even-numbered years and four directors |
|
|
elected in odd-numbered years; and |
|
|
(2) a director's election shall be held each year on |
|
|
the May uniform election date prescribed by Section 41.001, |
|
|
Election Code. (Acts 59th Leg., R.S., Ch. 647, Secs. 4(a), (b) |
|
|
(part).) |
|
|
Sec.1012.052.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to hold office as a director, a person must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) An employee of the district may not serve as a director. |
|
|
(Acts 59th Leg., R.S., Ch. 647, Sec. 4(d).) |
|
|
Sec.1012.053.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors by majority vote shall |
|
|
appoint a director for the unexpired term. (Acts 59th Leg., R.S., |
|
|
Ch. 647, Sec. 4(b) (part).) |
|
|
Sec.1012.054.OFFICERS. (a) The board shall elect a |
|
|
president and vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) The president has the same right to vote as any other |
|
|
director. |
|
|
(d) If the president is absent or fails and declines to act, |
|
|
the vice president shall perform the president's duties and |
|
|
exercise the president's powers under this chapter. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 4(e).) |
|
|
Sec.1012.055.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in attending to district business. The expenses must be: |
|
|
(1) reported in the district's records; and |
|
|
(2) approved by the remainder of the board. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 4(c).) |
|
|
Sec.1012.056.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 59th Leg., R.S., Ch. 647, Sec. 4(f) (part).) |
|
|
Sec.1012.057.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
(a) The board shall: |
|
|
(1) keep an account of all board meetings and |
|
|
proceedings; and |
|
|
(2) maintain at the district's principal office all |
|
|
district records and accounts, including all contracts, notices, |
|
|
duplicate vouchers, and duplicate receipts. |
|
|
(b) The information described by Subsection (a) shall be |
|
|
open to public inspection at the district's principal office at all |
|
|
reasonable times. (Acts 59th Leg., R.S., Ch. 647, Sec. 4(f) |
|
|
(part).) |
|
|
Sec.1012.058.INDIVIDUAL LIABILITY OF DIRECTORS. A |
|
|
director is individually liable only for the director's individual |
|
|
misapplication of public money. (Acts 59th Leg., R.S., Ch. 647, |
|
|
Sec. 5(a) (part).) |
|
|
Sec. 1012.059. CHIEF EXECUTIVE OFFICER; ASSISTANT CHIEF |
|
|
EXECUTIVE OFFICER. (a) The board shall appoint a qualified person |
|
|
to be known as the chief executive officer of the district. |
|
|
(b) The chief executive officer may appoint an assistant to |
|
|
the chief executive officer. |
|
|
(c) The chief executive officer is entitled to the |
|
|
compensation determined by the board. |
|
|
(d) The board may execute an employment contract with the |
|
|
chief executive officer for a term of not more than three years. |
|
|
The employment contract may be renewed or extended annually. (Acts |
|
|
59th Leg., R.S., Ch. 647, Sec. 5(b).) |
|
|
Sec.1012.060.GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER. |
|
|
The chief executive officer shall: |
|
|
(1) stay informed on the latest methods of hospital |
|
|
administration and the care of hospital patients; and |
|
|
(2) subject to the limitations prescribed by the |
|
|
board: |
|
|
(A) supervise the work and activities of the |
|
|
district; and |
|
|
(B) direct the affairs of the district. (Acts |
|
|
59th Leg., R.S., Ch. 647, Sec. 5(c) (part).) |
|
|
Sec.1012.061.EMPLOYEES. The board shall authorize the |
|
|
chief executive officer to employ nurses, technicians, and other |
|
|
employees for the efficient operation of the district. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 5(d).) |
|
|
Sec.1012.062.LEGAL COUNSEL; OTHER PROFESSIONAL SERVICES. |
|
|
The board may employ legal counsel or contract for other |
|
|
professional services as the board considers advisable. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 17.) |
|
|
Sec.1012.063.RECRUITMENT OF MEDICAL PERSONNEL. (a) The |
|
|
board may spend district money to recruit physicians, nurses, and |
|
|
other trained medical personnel. |
|
|
(b) The board may pay the tuition or other expenses of a |
|
|
full-time medical student or other student in a health occupation |
|
|
who: |
|
|
(1) is enrolled in and is in good standing at an |
|
|
accredited medical school, college, or university; and |
|
|
(2) contractually agrees to become a district employee |
|
|
or independent contractor in return for that assistance. (Acts |
|
|
59th Leg., R.S., Ch. 647, Sec. 5(h).) |
|
|
Sec.1012.064.PERSONNEL CONTRACTS. (a) The board may |
|
|
contract to provide administrative and other personnel for the |
|
|
operation of the hospital facilities. |
|
|
(b) The term of the contract may not exceed 25 years. (Acts |
|
|
59th Leg., R.S., Ch. 647, Sec. 5(g) (part).) |
|
|
Sec.1012.065.EDUCATIONAL PROGRAMS; COURSES. The board may |
|
|
provide or contract for the provision of educational programs or |
|
|
courses for district employees and medical staff. (Acts 59th Leg., |
|
|
R.S., Ch. 647, Sec. 5(j).) |
|
|
Sec.1012.066.RETIREMENT BENEFITS. The board may provide |
|
|
retirement benefits for district employees by: |
|
|
(1) establishing or administering a retirement |
|
|
program; or |
|
|
(2) electing to participate in: |
|
|
(A) the Texas County and District Retirement |
|
|
System; or |
|
|
(B) another statewide retirement system in which |
|
|
the district is eligible to participate. (Acts 59th Leg., R.S., Ch. |
|
|
647, Sec. 5(l).) |
|
|
[Sections 1012.067-1012.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1012.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating all hospital facilities for providing |
|
|
medical and hospital care to indigent persons in the district; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 647, |
|
|
Secs. 2 (part), 20 (part).) |
|
|
Sec. 1012.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION AND DEBT. Childress County or a municipality in Childress |
|
|
County may not impose a tax or issue bonds or other obligations for |
|
|
hospital purposes or for medical treatment of indigent persons in |
|
|
the district. (Acts 59th Leg., R.S., Ch. 647, Sec. 20 (part).) |
|
|
Sec.1012.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
(a) The board shall manage, control, and administer the district's |
|
|
hospitals and hospital system. |
|
|
(b) The board may delegate to the chief executive officer |
|
|
the authority to manage, control, and administer the hospital, the |
|
|
hospital system, and the district's business, money, and resources |
|
|
under the board's oversight. (Acts 59th Leg., R.S., Ch. 647, Secs. |
|
|
5(a) (part), (c) (part).) |
|
|
Sec.1012.104.HOSPITAL SYSTEM. The district shall provide |
|
|
for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. (Acts 59th Leg., R.S., Ch. 647, Sec. 2 (part).) |
|
|
Sec.1012.105.RULES. The board may adopt rules for the |
|
|
operation of the district and as required to administer this |
|
|
chapter. (Acts 59th Leg., R.S., Ch. 647, Secs. 5(a) (part), 11 |
|
|
(part).) |
|
|
Sec.1012.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of the making of purchases |
|
|
and expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 11 (part).) |
|
|
Sec. 1012.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may: |
|
|
(1) purchase or lease property, including facilities |
|
|
or equipment, for the district to use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease district hospital facilities to |
|
|
individuals, corporations, or other legal entities. |
|
|
(d) The board may sell or otherwise dispose of the |
|
|
district's property, including facilities or equipment. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Secs. 5(f), (g) (part), 9.) |
|
|
Sec.1012.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 15.) |
|
|
Sec.1012.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 59th Leg., R.S., Ch. 647, |
|
|
Sec. 19.) |
|
|
Sec.1012.110.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that requires the expenditure of more than the amount |
|
|
provided by Section 271.024, Local Government Code, may be made |
|
|
only after competitive bidding as provided by Subchapter B, Chapter |
|
|
271, Local Government Code. (Acts 59th Leg., R.S., Ch. 647, Sec. 11 |
|
|
(part).) |
|
|
Sec. 1012.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person for whom this |
|
|
state or the agency is responsible. (Acts 59th Leg., R.S., Ch. 647, |
|
|
Sec. 5(e).) |
|
|
Sec.1012.112.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the chief executive officer shall have an inquiry made |
|
|
into the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the chief executive officer determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the chief executive officer determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the chief executive officer shall |
|
|
issue an order directing the patient or those relatives to pay the |
|
|
district a specified amount each week for the patient's support. |
|
|
The amount ordered must be proportionate to the person's financial |
|
|
ability and may not exceed the actual per capita cost of |
|
|
maintenance. |
|
|
(d) The chief executive officer may collect the amount from |
|
|
the patient's estate, or from a relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) The board may institute a suit to collect an amount owed |
|
|
to the district by a patient who has not been determined under this |
|
|
section to be unable to pay. |
|
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the chief executive officer, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(g) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 59th Leg., R.S., Ch. 647, Secs. 5(k), 18.) |
|
|
Sec.1012.113.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch. |
|
|
647, Sec. 5(a) (part).) |
|
|
[Sections 1012.114-1012.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1012.151.BUDGET. The chief executive officer shall |
|
|
prepare an annual budget for approval by the board. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
|
Sec.1012.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) The board shall publish notice of the hearing in |
|
|
accordance with Chapter 551, Government Code. |
|
|
(c) The board must approve the budget. (Acts 59th Leg., |
|
|
R.S., Ch. 647, Sec. 6 (part).) |
|
|
Sec.1012.153.AMENDMENT OF BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 59th Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
|
Sec.1012.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 59th Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
|
Sec.1012.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
|
Sec.1012.156.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an audit made of the district's financial condition. |
|
|
(b) The audit shall be open to inspection at all times at the |
|
|
district's principal office. (Acts 59th Leg., R.S., Ch. 647, Sec. 6 |
|
|
(part).) |
|
|
Sec.1012.157.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the chief executive officer |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursement of that |
|
|
money. (Acts 59th Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
|
Sec.1012.158.DEPOSITORY. (a) The board shall select one |
|
|
or more banks to serve as a depository for district money. |
|
|
(b) District money shall be immediately deposited on |
|
|
receipt with a depository bank, except that sufficient money must |
|
|
be remitted to the appropriate bank to pay the principal of and |
|
|
interest on the district's outstanding bonds or other obligations |
|
|
on or before the maturity date of the principal and interest. |
|
|
(c) To the extent that money in a depository bank is not |
|
|
insured by the Federal Deposit Insurance Corporation, the money |
|
|
must be secured in the manner provided by law for the security of |
|
|
county funds. |
|
|
(d) Membership on the district's board of an officer or |
|
|
director of a bank disqualifies the bank from being selected as a |
|
|
depository bank. (Acts 59th Leg., R.S., Ch. 647, Sec. 12.) |
|
|
Sec.1012.159.GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
|
(a) The board may borrow money at a rate not to exceed the maximum |
|
|
annual percentage rate allowed by law for district obligations at |
|
|
the time the loan is made. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec 20B.) |
|
|
Sec. 1012.160. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
|
SECURITY. (a) The board may borrow money at a rate not to exceed |
|
|
the maximum annual percentage rate allowed by law for district |
|
|
obligations at the time the loan is made if the board declares that: |
|
|
(1) money is not available to meet authorized |
|
|
obligations of the district; and |
|
|
(2) an emergency exists. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. |
|
|
(d) The board may not spend money obtained from a loan under |
|
|
this section for any purpose other than: |
|
|
(1) the purpose for which the board declared an |
|
|
emergency; and |
|
|
(2) if district taxes or bonds are pledged to pay the |
|
|
loan, the purpose for which the pledged taxes were imposed or the |
|
|
pledged bonds were authorized. (Acts 59th Leg., R.S., Ch. 647, Sec. |
|
|
20A.) |
|
|
[Sections 1012.161-1012.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1012.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district, for hospital or hospital system |
|
|
purposes, to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings or improvements; |
|
|
(2) equip buildings or improvements; or |
|
|
(3) acquire and operate a mobile emergency medical or |
|
|
air ambulance service. (Acts 59th Leg., R.S., Ch. 647, Sec. 7(a) |
|
|
(part).) |
|
|
Sec.1012.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued under Section |
|
|
1012.201, the board shall impose an ad valorem tax at a rate |
|
|
sufficient to create an interest and sinking fund and 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 |
|
|
ad valorem tax the district imposes may not exceed the limit |
|
|
approved by the voters at the election authorizing the imposition |
|
|
of the tax. (Acts 59th Leg., R.S., Ch. 647, Sec. 7(b) (part).) |
|
|
Sec.1012.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) Section 41.001(a), Election Code, does not apply to a |
|
|
bond election ordered by the board. |
|
|
(c) Except as otherwise provided by this chapter, the |
|
|
election shall be conducted in accordance with Chapter 1251, |
|
|
Government Code. (Acts 59th Leg., R.S., Ch. 647, Secs. 7(a) |
|
|
(part), (b) (part).) |
|
|
Sec.1012.204.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall attest the bonds as provided |
|
|
by Chapter 618, Government Code. (Acts 59th Leg., R.S., Ch. 647, |
|
|
Sec. 7(c) (part).) |
|
|
Sec.1012.205.REVENUE BONDS. (a) The board may issue and |
|
|
sell revenue bonds in the name and on the faith and credit of the |
|
|
district to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospitals and the hospital |
|
|
system; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospital system. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust on all or part of the district's property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 59th Leg., R.S., Ch. 647, Sec. 7(f).) |
|
|
Sec.1012.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
59th Leg., R.S., Ch. 647, Sec. 7(d) (part).) |
|
|
Sec.1012.207.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Sec. 10 (part).) |
|
|
[Sections 1012.208-1012.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1012.251.IMPOSITION OF AD VALOREM TAXES. (a) The |
|
|
board may impose a tax on property in the district subject to |
|
|
district taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds. (Acts 59th Leg., R.S., Ch. 647, Secs. |
|
|
3 (part), 13 (part), 16(a) (part).) |
|
|
Sec.1012.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 59th |
|
|
Leg., R.S., Ch. 647, Secs. 13 (part), 16(a) (part).) |
|
|
Sec.1012.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 59th Leg., R.S., Ch. 647, Sec. |
|
|
16(b) (part).) |
|
|
[Sections 1012.254-1012.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1012.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and disposing of the district's assets and |
|
|
obligations. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by a number of |
|
|
residents of the district equal to at least 15 percent of the |
|
|
registered voters in the district. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 59th Leg., R.S., Ch. |
|
|
647, Secs. 21A(a), (b), (c) (part).) |
|
|
Sec.1012.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper with general circulation in the district. |
|
|
(b) The first publication of the notice must appear not |
|
|
later than the 35th day before the date set for the election. (Acts |
|
|
59th Leg., R.S., Ch. 647, Sec. 21A(d) (part).) |
|
|
Sec.1012.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Childress County Hospital |
|
|
District." (Acts 59th Leg., R.S., Ch. 647, Sec. 21A(d) (part).) |
|
|
Sec.1012.304.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution, the |
|
|
board shall find that the district is dissolved. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution, the board shall continue to administer the district |
|
|
and another election on the question of dissolution may not be held |
|
|
before the first anniversary of the date of the most recent election |
|
|
to dissolve the district. (Acts 59th Leg., R.S., Ch. 647, Sec. |
|
|
21A(e).) |
|
|
Sec.1012.305.TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
|
|
(a) If a majority of the votes in the election under this |
|
|
subchapter favor dissolution, the board shall: |
|
|
(1) transfer the land, buildings, improvements, |
|
|
equipment, and other assets that belong to the district to |
|
|
Childress County or another governmental entity in Childress |
|
|
County; |
|
|
(2) sell the assets and liabilities to another person; |
|
|
or |
|
|
(3) administer the property, assets, and debts until |
|
|
all money has been disposed of and all district debts have been paid |
|
|
or settled. |
|
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
|
the county or entity assumes all debts and obligations of the |
|
|
district at the time of the transfer, and the district is dissolved. |
|
|
(c) If Subsections (a)(1) and (2) do not apply and the board |
|
|
administers the property, assets, and debts under Subsection |
|
|
(a)(3), the district is dissolved when all money is disposed of and |
|
|
all district debts have been paid or settled. (Acts 59th Leg., |
|
|
R.S., Ch. 647, Secs. 21A(f), (g), (m) (part).) |
|
|
Sec.1012.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The dissolution of the district and the sale or transfer of the |
|
|
district's assets or liabilities to another person may not |
|
|
contravene a trust indenture or bond resolution relating to the |
|
|
district's outstanding bonds. The dissolution and sale or transfer |
|
|
does not diminish or impair the rights of a holder of an outstanding |
|
|
bond, warrant, or other obligation of the district. |
|
|
(b) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of the residents of |
|
|
the district, including the residents' collective property rights |
|
|
in the district's assets. |
|
|
(c) The district may not transfer or dispose of the |
|
|
district's assets except for due compensation unless: |
|
|
(1) the transfer is made to another governmental |
|
|
entity that serves the district; and |
|
|
(2) the transferred assets are to be used for the |
|
|
benefit of the district's residents. |
|
|
(d) A grant from federal funds is an obligation to be repaid |
|
|
in satisfaction. (Acts 59th Leg., R.S., Ch. 647, Secs. 21A(m) |
|
|
(part), (n).) |
|
|
Sec. 1012.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) After the board finds that the district is dissolved, |
|
|
the board shall: |
|
|
(1) determine the debt owed by the district; and |
|
|
(2) impose on the property included in the district's |
|
|
tax rolls a tax that is in proportion of the debt to the property |
|
|
value. |
|
|
(b) On the payment of all outstanding debts and obligations |
|
|
of the district, the board shall order the secretary to return to |
|
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
|
tax money. |
|
|
(c) A taxpayer may request that the taxpayer's share of |
|
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
|
taxpayer requests the credit, the board shall direct the secretary |
|
|
to transmit the money to the county tax assessor-collector. (Acts |
|
|
59th Leg., R.S., Ch. 647, Secs. 21A(h), (i), (j).) |
|
|
Sec.1012.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
|
district has paid all district debts and has disposed of all |
|
|
district money and other assets as prescribed by this subchapter, |
|
|
the board shall file a written report with the Commissioners Court |
|
|
of Childress County summarizing the board's actions in dissolving |
|
|
the district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Childress 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. (Acts 59th Leg., R.S., Ch. 647, Secs. 21A(k), (l).) |
|
|
CHAPTER 1013. CASTRO COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1013.001. DEFINITIONS |
|
|
Sec. 1013.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1013.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
|
SUBDIVISION |
|
|
Sec. 1013.004. DISTRICT TERRITORY |
|
|
Sec. 1013.005. CORRECTION OF INVALID PROCEDURES |
|
|
[Sections 1013.006-1013.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1013.051. BOARD ELECTION; TERM |
|
|
Sec. 1013.052. NOTICE OF ELECTION |
|
|
Sec. 1013.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1013.054. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1013.055. BOARD VACANCY |
|
|
Sec. 1013.056. OFFICERS |
|
|
Sec. 1013.057. COMPENSATION; EXPENSES |
|
|
Sec. 1013.058. VOTING REQUIREMENT |
|
|
Sec. 1013.059. DISTRICT ADMINISTRATOR |
|
|
Sec. 1013.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1013.061. EMPLOYEES |
|
|
Sec. 1013.062. RECRUITMENT OF MEDICAL STAFF AND |
|
|
EMPLOYEES |
|
|
Sec. 1013.063. APPOINTMENT AND REMOVAL OF MEDICAL STAFF |
|
|
Sec. 1013.064. HEALTH CARE EDUCATIONAL PROGRAMS |
|
|
Sec. 1013.065. RETIREMENT BENEFITS |
|
|
Sec. 1013.066. LIABILITY INSURANCE; INDEMNIFICATION |
|
|
Sec. 1013.067. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1013.068. SEAL |
|
|
[Sections 1013.069-1013.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1013.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1013.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION |
|
|
Sec. 1013.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1013.104. HOSPITAL SYSTEM |
|
|
Sec. 1013.105. RULES |
|
|
Sec. 1013.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1013.107. MOBILE EMERGENCY MEDICAL SERVICE |
|
|
Sec. 1013.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1013.109. EMINENT DOMAIN |
|
|
Sec. 1013.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1013.111. CONTRACTS FOR CARE AND TREATMENT |
|
|
Sec. 1013.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1013.113. PROVISION OF SERVICES OUTSIDE DISTRICT |
|
|
Sec. 1013.114. JOINT ADMINISTRATION OR DELIVERY OF |
|
|
HEALTH CARE SERVICES |
|
|
Sec. 1013.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1013.116. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1013.117. NONPROFIT CORPORATION |
|
|
Sec. 1013.118. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1013.119-1013.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1013.151. BUDGET |
|
|
Sec. 1013.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1013.153. FISCAL YEAR |
|
|
Sec. 1013.154. ANNUAL AUDIT |
|
|
Sec. 1013.155. DEPOSITORY OR TREASURER |
|
|
Sec. 1013.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1013.157-1013.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1013.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1013.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1013.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1013.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1013.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1013.206. REVENUE BONDS |
|
|
Sec. 1013.207. REFUNDING BONDS |
|
|
Sec. 1013.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1013.209-1013.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1013.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1013.252. TAX RATE |
|
|
Sec. 1013.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1013.254-1013.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1013.301. DISSOLUTION; ELECTION |
|
|
Sec. 1013.302. NOTICE OF ELECTION |
|
|
Sec. 1013.303. BALLOT |
|
|
Sec. 1013.304. ELECTION RESULTS |
|
|
Sec. 1013.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
|
Sec. 1013.306. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
Sec. 1013.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES |
|
|
Sec. 1013.308. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1013. CASTRO COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1013.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Castro County Hospital |
|
|
District. (New.) |
|
|
Sec.1013.002.AUTHORITY FOR OPERATION. The district |
|
|
operates under the authority of and has the powers and |
|
|
responsibilities provided by Section 11, Article IX, Texas |
|
|
Constitution. (Acts 57th Leg., R.S., Ch. 103, Sec. 1 (part).) |
|
|
Sec. 1013.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
|
SUBDIVISION. The district is: |
|
|
(1) a public entity performing an essential public |
|
|
function; and |
|
|
(2) a political subdivision of this state. (Acts 57th |
|
|
Leg., R.S., Ch. 103, Secs. 6A(c) (part), 18 (part).) |
|
|
Sec.1013.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Castro County. |
|
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 1 (part).) |
|
|
Sec.1013.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 57th Leg., R.S., Ch. 103, Sec. 19 (part).) |
|
|
[Sections 1013.006-1013.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1013.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of five directors elected from the district at large. |
|
|
(b) Directors serve staggered three-year terms. |
|
|
(c) An election shall be held on the uniform election date |
|
|
in May of each year to elect the appropriate number of directors. |
|
|
(Acts 57th Leg., R.S., Ch. 103, Secs. 3(a) (part), (e) (part).) |
|
|
Sec.1013.052.NOTICE OF ELECTION. Not earlier than the |
|
|
30th day or later than the 10th day before the date of an election of |
|
|
directors, notice of the election shall be published one time in a |
|
|
newspaper of general circulation in Castro County. (Acts 57th |
|
|
Leg., R.S., Ch. 103, Sec. 3(e) (part).) |
|
|
Sec.1013.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) at least 21 years of age. |
|
|
(b) An employee or medical staff member of the district may |
|
|
not serve as a director. (Acts 57th Leg., R.S., Ch. 103, Sec. 3(b) |
|
|
(part).) |
|
|
Sec. 1013.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district may pay for the directors' bonds with |
|
|
district money. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository bank for safekeeping. (Acts 57th Leg., R.S., Ch. 103, |
|
|
Sec. 3(c) (part).) |
|
|
Sec.1013.055.BOARD VACANCY. (a) If a vacancy occurs in |
|
|
the office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. |
|
|
(b) If the number of directors is reduced to fewer than |
|
|
three for any reason, the remaining directors shall immediately |
|
|
call a special election to fill the vacancies. If the remaining |
|
|
directors do not call the election, a district court, on |
|
|
application of a district voter or taxpayer, may order the |
|
|
directors to hold the election. (Acts 57th Leg., R.S., Ch. 103, |
|
|
Sec. 3(d) (part).) |
|
|
Sec.1013.056.OFFICERS. The board shall elect from among |
|
|
its members a president, vice president, and secretary. (Acts 57th |
|
|
Leg., R.S., Ch. 103, Sec. 3(d) (part).) |
|
|
Sec.1013.057.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the entire board. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
|
4 (part).) |
|
|
Sec.1013.058.VOTING REQUIREMENT. A concurrence of three |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 57th Leg., R.S., Ch. 103, Sec. 3(d) (part).) |
|
|
Sec.1013.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and receives the compensation determined by the board. (Acts |
|
|
57th Leg., R.S., Ch. 103, Sec. 8(b) (part).) |
|
|
Sec.1013.060.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. (Acts |
|
|
57th Leg., R.S., Ch. 103, Sec. 8(b) (part).) |
|
|
Sec.1013.061.EMPLOYEES. (a) The board may employ a |
|
|
general manager, attorney, bookkeeper, and architect. |
|
|
(b) The board may employ technicians, nurses, fiscal |
|
|
agents, accountants, and other necessary employees. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire employees under Subsection (b). (Acts 57th Leg., |
|
|
R.S., Ch. 103, Secs. 8(a) (part), (c) (part).) |
|
|
Sec.1013.062.RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
|
The board may spend district money, enter into agreements, and take |
|
|
other necessary action to recruit physicians and other persons to |
|
|
serve as medical staff members or district employees, including: |
|
|
(1) advertising and marketing; |
|
|
(2) paying travel, recruitment, and relocation |
|
|
expenses; |
|
|
(3) providing a loan or scholarship to a physician or a |
|
|
person who: |
|
|
(A) is currently enrolled in health care |
|
|
education courses at an institution of higher education; and |
|
|
(B) contractually agrees to become a district |
|
|
employee or medical staff member; and |
|
|
(4) providing on a rent-free basis or subsidizing the |
|
|
cost of office space or other facilities for a health care |
|
|
professional, including a physician. (Acts 57th Leg., R.S., Ch. |
|
|
103, Sec. 8A(j).) |
|
|
Sec.1013.063.APPOINTMENT AND REMOVAL OF MEDICAL STAFF. |
|
|
(a) The board may appoint to or remove from the medical staff any |
|
|
doctors as necessary for the efficient operation of the district |
|
|
and may make temporary appointments as necessary. |
|
|
(b) The board may adopt policies relating to the appointment |
|
|
and removal of medical staff members. (Acts 57th Leg., R.S., Ch. |
|
|
103, Sec. 8(d) (part).) |
|
|
Sec.1013.064.HEALTH CARE EDUCATIONAL PROGRAMS. The |
|
|
board may spend district money, enter into an agreement, or take |
|
|
other necessary action to conduct, participate in, or assist in |
|
|
providing health care educational programs for current or |
|
|
prospective medical staff members or employees of the district. |
|
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 8A(k).) |
|
|
Sec.1013.065.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. (Acts 57th Leg., R.S., Ch. |
|
|
103, Sec. 8A(l).) |
|
|
Sec.1013.066.LIABILITY INSURANCE; INDEMNIFICATION. (a) |
|
|
The board may defend or indemnify an officer, director, board |
|
|
appointee, medical staff member, or district employee against or |
|
|
from a claim, expense, or liability arising from duties performed |
|
|
in that capacity. |
|
|
(b) The board may purchase liability insurance coverage or |
|
|
establish a self-insurance program to fund an indemnity obligation |
|
|
under this section. (Acts 57th Leg., R.S., Ch. 103, Sec. 4 (part).) |
|
|
Sec.1013.067.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
Except as provided by Section 1013.054, all district records, |
|
|
including books, accounts, notices, minutes, and all other matters |
|
|
of the district and the operation of its facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at the district office |
|
|
at all reasonable hours. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
|
8(e).) |
|
|
Sec.1013.068.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(a) (part).) |
|
|
[Sections 1013.069-1013.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1013.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy and indigent residents. (Acts 57th Leg., R.S., |
|
|
Ch. 103, Sec. 13 (part).) |
|
|
Sec. 1013.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION. Castro County or a municipality in Castro County may not |
|
|
impose a tax for hospital purposes. (Acts 57th Leg., R.S., Ch. 103, |
|
|
Sec. 13 (part).) |
|
|
Sec.1013.103.MANAGEMENT AND CONTROL. The management and |
|
|
control of the district is vested in the board. (Acts 57th Leg., |
|
|
R.S., Ch. 103, Sec. 4 (part).) |
|
|
Sec.1013.104.HOSPITAL SYSTEM. (a) The district may |
|
|
provide for the establishment of a hospital or hospital system to |
|
|
provide medical and hospital care to the district's needy |
|
|
residents. |
|
|
(b) The hospital system may include: |
|
|
(1) facilities and equipment for domiliciary care and |
|
|
treatment of sick, injured, or geriatric patients; |
|
|
(2) outpatient clinics; |
|
|
(3) convalescent home facilities; |
|
|
(4) physicians' offices; and |
|
|
(5) any other facilities or equipment the board |
|
|
considers necessary for hospital purposes. (Acts 57th Leg., R.S., |
|
|
Ch. 103, Secs. 2 (part), 8A(a) (part).) |
|
|
Sec.1013.105.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any taxpayer |
|
|
on request. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(f).) |
|
|
Sec.1013.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1013.107.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
|
district may operate or provide for the operation of a mobile |
|
|
emergency medical service as part of the hospital system. (Acts |
|
|
57th Leg., R.S., Ch. 103, Sec. 8A(a) (part).) |
|
|
Sec. 1013.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine: |
|
|
(1) the type, number, and location of facilities |
|
|
required to maintain an adequate hospital system; and |
|
|
(2) the type of equipment necessary for hospital care. |
|
|
(b) The board may: |
|
|
(1) acquire, construct, repair, or renovate property, |
|
|
including facilities or equipment, for the district for use in the |
|
|
hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease hospital facilities for the |
|
|
district. |
|
|
(d) The board may sell or otherwise dispose of property, |
|
|
including facilities or equipment, for the district. |
|
|
(e) The district may operate any facility covered by this |
|
|
section or contract with any person to operate the facility. (Acts |
|
|
57th Leg., R.S., Ch. 103, Secs. 8A(a) (part), (b), (c), (d), (e).) |
|
|
Sec.1013.109.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
|
10.) |
|
|
Sec.1013.110.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or provisions prescribed in writing by the |
|
|
donor that are not inconsistent with the proper management and |
|
|
objectives of the district. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
|
16.) |
|
|
Sec.1013.111.CONTRACTS FOR CARE AND TREATMENT. (a) The |
|
|
board may contract with a hospital, hospital authority, or |
|
|
political subdivision of this state located outside the district's |
|
|
boundaries to reimburse the district for the care and treatment of a |
|
|
sick or injured person of that entity. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the state or agency to reimburse the district for the |
|
|
treatment of a sick or injured person. (Acts 57th Leg., R.S., Ch. |
|
|
103, Sec. 8A(g) (part).) |
|
|
Sec. 1013.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency to provide |
|
|
investigatory or other services related to facilities for the |
|
|
medical care, hospital, or welfare needs of district inhabitants. |
|
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 8A(g) (part).) |
|
|
Sec.1013.113.PROVISION OF SERVICES OUTSIDE DISTRICT. |
|
|
Subject to board approval the district may provide primary care, |
|
|
emergency services, preventative medical services, and other |
|
|
health-related services outside the district, provided that the |
|
|
services serve the purpose of the district as established by this |
|
|
chapter. (Acts 57th Leg., R.S., Ch. 103, Sec. 8A(f).) |
|
|
Sec. 1013.114. JOINT ADMINISTRATION OR DELIVERY OF HEALTH |
|
|
CARE SERVICES. (a) To provide joint administration or delivery of |
|
|
health care services, the district may contract with, affiliate |
|
|
with, or enter into another arrangement with: |
|
|
(1) a managed care system; |
|
|
(2) a preferred provider organization; |
|
|
(3) a health maintenance organization; |
|
|
(4) another provider of an alternative health care or |
|
|
delivery system; or |
|
|
(5) a private hospital. |
|
|
(b) The district may spend district money to establish and |
|
|
maintain a partnership, corporation, or other entity involved in |
|
|
the delivery of health care services. (Acts 57th Leg., R.S., Ch. |
|
|
103, Sec. 8A(h).) |
|
|
Sec.1013.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in Castro County is admitted to a |
|
|
district facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district to handle the |
|
|
inquiry determines that the patient or those relatives cannot pay |
|
|
all or part of the costs of the patient's care and treatment in the |
|
|
hospital, the amount of the costs that cannot be paid becomes a |
|
|
charge against the district. |
|
|
(c) If it is determined that the patient or those relatives |
|
|
are liable to pay for all or part of the costs of the patient's care |
|
|
and treatment, the patient or those relatives shall be ordered to |
|
|
pay to the district's treasurer a specified amount each week for the |
|
|
patient's support. The amount ordered must be proportionate to the |
|
|
person's financial ability and may not exceed the actual per capita |
|
|
cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district's designated agent, the board shall hold |
|
|
a hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) Either party to the dispute may appeal the order to the |
|
|
district court. (Acts 57th Leg., R.S., Ch. 103, Sec. 14.) |
|
|
Sec.1013.116.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person for whom that county, |
|
|
municipality, or public hospital has an obligation to provide care, |
|
|
as provided by Chapter 61, Health and Safety Code. |
|
|
(b) The board shall seek reimbursement under Article |
|
|
104.002, Code of Criminal Procedure, for the district's care and |
|
|
treatment of a person who is confined in a Castro County jail |
|
|
facility and is not a district resident. (Acts 57th Leg., R.S., Ch. |
|
|
103, Secs. 14A(a) (part), (b).) |
|
|
Sec.1013.117.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. |
|
|
(a-1) On or before December 31, 2009, the district may |
|
|
create and sponsor a nonprofit corporation under the Texas |
|
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
|
applicable, and may contribute money to or solicit money for the |
|
|
corporation. |
|
|
(b) The corporation may use money, other than money the |
|
|
corporation pays to 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. |
|
|
(e) This subsection and Subsection (a-1) expire December |
|
|
31, 2009. (Acts 57th Leg., R.S., Ch. 103, Sec. 8A(i).) |
|
|
Sec.1013.118.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court of this state. (Acts 57th Leg., R.S., Ch. 103, |
|
|
Sec. 18 (part).) |
|
|
[Sections 1013.119-1013.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1013.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 57th Leg., R.S., Ch. 103, Sec. 9(b) (part).) |
|
|
Sec.1013.152.PROPOSED BUDGET:NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in Castro County not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district taxpayer is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 57th Leg., R.S., Ch. 103, Sec. 9(b) (part).) |
|
|
Sec.1013.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year established by the board. (Acts 57th Leg., R.S., Ch. |
|
|
103, Sec. 9(a) (part).) |
|
|
Sec.1013.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 each year, the audit shall be |
|
|
filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 57th Leg., R.S., Ch. |
|
|
103, Sec. 9(a) (part).) |
|
|
Sec.1013.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank or banks in Castro County as the |
|
|
district's depository or treasurer. A designated bank serves for |
|
|
three years and until a successor is designated. |
|
|
(b) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 57th Leg., R.S., Ch. 103, |
|
|
Sec. 11.) |
|
|
Sec.1013.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money for district purposes on district credit |
|
|
or secured by district revenue. The rate may not exceed the maximum |
|
|
annual percentage rate allowed by law for district obligations at |
|
|
the time the loan is made. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. (Acts 57th |
|
|
Leg., R.S., Ch. 103, Secs. 6B (part), 16A.) |
|
|
[Sections 1013.157-1013.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1013.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 57th Leg., R.S., Ch. 103, Sec. 6(a).) |
|
|
Sec.1013.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1013.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 57th Leg., R.S., Ch. 103, Sec. 6(b) (part).) |
|
|
Sec.1013.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the location of the polling places; |
|
|
(2) the presiding election officers; |
|
|
(3) the purpose of the bond issuance; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum interest rate of the bonds; and |
|
|
(6) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in Castro County once a week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 14 days before the date of the |
|
|
election. (Acts 57th Leg., R.S., Ch. 103, Sec. 6(d) (part).) |
|
|
Sec.1013.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 57th Leg., R.S., Ch. 103, |
|
|
Sec. 6(d) (part).) |
|
|
Sec.1013.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
57th Leg., R.S., Ch. 103, Sec. 6(c) (part).) |
|
|
Sec.1013.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue 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 real property for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospital system. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust on all or part of district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 6A(d).) |
|
|
Sec.1013.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding bonds |
|
|
issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar amount of outstanding bonds and the unpaid matured interest |
|
|
on the bonds. (Acts 57th Leg., R.S., Ch. 103, Secs. 6(d) (part), |
|
|
(e) (part).) |
|
|
Sec.1013.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 57th |
|
|
Leg., R.S., Ch. 103, Sec. 6A(c) (part).) |
|
|
[Sections 1013.209-1013.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1013.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board may impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued by the district. (Acts 57th |
|
|
Leg., R.S., Ch. 103, Secs. 5A(a), (b) (part), (c) (part), (d), (e), |
|
|
9(b) (part).) |
|
|
Sec.1013.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. (Acts |
|
|
57th Leg., R.S., Ch. 103, Secs. 5A(b) (part), (c), 6(b) (part).) |
|
|
Sec.1013.253.TAX ASSESSOR-COLLECTOR. (a) The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. |
|
|
(b) The tax assessor-collector shall assess and collect |
|
|
taxes imposed by the district. (Acts 57th Leg., R.S., Ch. 103, |
|
|
Secs. 5A(g), 9(b) (part).) |
|
|
[Sections 1013.254-1013.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1013.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and disposing of the district's assets and |
|
|
obligations. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by a number of |
|
|
district residents equal to at least 15 percent of the registered |
|
|
voters in the district. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 57th Leg., R.S., Ch. |
|
|
103, Secs. 21(a), (b), (c), (d) (part).) |
|
|
Sec.1013.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks the election order in a newspaper |
|
|
with general circulation in the district. |
|
|
(b) The first publication of the notice must appear not |
|
|
later than the 35th day before the date set for the election. (Acts |
|
|
57th Leg., R.S., Ch. 103, Sec. 21(e) (part).) |
|
|
Sec.1013.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Castro County Hospital |
|
|
District." (Acts 57th Leg., R.S., Ch. 103, Sec. 21(e) (part).) |
|
|
Sec.1013.304.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution, the |
|
|
board shall find that the district is dissolved. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution, the board shall continue to administer the district |
|
|
and another election on the question of dissolution may not be held |
|
|
before the first anniversary of the date of the most recent election |
|
|
to dissolve the district. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
|
21(f).) |
|
|
Sec.1013.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
|
If a majority of the votes in the election held under this |
|
|
subchapter favor dissolution, the board shall: |
|
|
(1) transfer the land, buildings, improvements, |
|
|
equipment, and other assets that belong to the district to Castro |
|
|
County or another governmental agency in Castro County; or |
|
|
(2) administer the property, assets, and debts until |
|
|
all money has been disposed of and all district debts have been paid |
|
|
or settled. |
|
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
|
the county or agency assumes all debts and obligations of the |
|
|
district at the time of the transfer, and the district is dissolved. |
|
|
(Acts 57th Leg., R.S., Ch. 103, Secs. 21(g), (h).) |
|
|
Sec.1013.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The district may not be dissolved unless the board provides for |
|
|
the sale or transfer of the district's assets and liabilities to |
|
|
another person. |
|
|
(b) The dissolution of the district and the sale or transfer |
|
|
of the district's assets or liabilities may not contravene a trust |
|
|
indenture or bond resolution relating to the district's outstanding |
|
|
bonds. The dissolution and sale or transfer does not diminish or |
|
|
impair the rights of a holder of an outstanding bond, warrant, or |
|
|
other obligation of the district. |
|
|
(c) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of district |
|
|
residents, including the residents' collective property rights in |
|
|
the district's assets. |
|
|
(d) The district may not transfer or dispose of the |
|
|
district's assets except for due compensation unless: |
|
|
(1) the transfer is made to another governmental |
|
|
agency that serves the district; and |
|
|
(2) the transferred assets are to be used for the |
|
|
benefit of the district's residents. |
|
|
(e) A grant from federal funds is an obligation to be repaid |
|
|
in satisfaction. (Acts 57th Leg., R.S., Ch. 103, Secs. 21(n), (o).) |
|
|
Sec. 1013.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) After the board finds that the district is dissolved, |
|
|
the board shall: |
|
|
(1) determine the debt owed by the district; and |
|
|
(2) impose on the property included in the district's |
|
|
tax rolls a tax that is in proportion of the debt to the property |
|
|
value. |
|
|
(b) On the payment of all outstanding debts and obligations |
|
|
of the district, the board shall order the secretary to return to |
|
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
|
tax money. |
|
|
(c) A taxpayer may request that the taxpayer's share of |
|
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
|
taxpayer requests the credit, the board shall direct the secretary |
|
|
to transmit the money to the county tax assessor-collector. (Acts |
|
|
57th Leg., R.S., Ch. 103, Secs. 21(i), (j), (k).) |
|
|
Sec.1013.308.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 Castro County |
|
|
summarizing the board's actions in dissolving the district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Castro 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. (Acts 57th Leg., R.S., Ch. 103, Secs. 21(l), (m).) |
|
|
CHAPTER 1014. COLLINGSWORTH COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1014.001. DEFINITIONS |
|
|
Sec. 1014.002. AUTHORITY FOR CREATION |
|
|
Sec. 1014.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1014.004. DISTRICT TERRITORY |
|
|
Sec. 1014.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1014.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1014.007-1014.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1014.051. BOARD ELECTION; TERM |
|
|
Sec. 1014.052. BALLOT PETITION |
|
|
Sec. 1014.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1014.054. BOARD VACANCY |
|
|
Sec. 1014.055. OFFICERS |
|
|
Sec. 1014.056. COMPENSATION; EXPENSES |
|
|
Sec. 1014.057. VOTING REQUIREMENT |
|
|
Sec. 1014.058. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1014.059. INDIVIDUAL LIABILITY OF DIRECTORS |
|
|
Sec. 1014.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1014.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1014.062. EMPLOYEES |
|
|
Sec. 1014.063. LEGAL COUNSEL; OTHER PROFESSIONAL |
|
|
SERVICES |
|
|
Sec. 1014.064. RETIREMENT PROGRAM |
|
|
[Sections 1014.065-1014.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1014.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1014.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION AND DEBT |
|
|
Sec. 1014.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1014.104. HOSPITAL SYSTEM |
|
|
Sec. 1014.105. RULES |
|
|
Sec. 1014.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1014.107. BUILDINGS |
|
|
Sec. 1014.108. EMINENT DOMAIN |
|
|
Sec. 1014.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1014.110. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1014.111. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1014.112. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1014.113-1014.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1014.151. BUDGET |
|
|
Sec. 1014.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1014.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1014.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1014.155. FISCAL YEAR |
|
|
Sec. 1014.156. ANNUAL AUDIT |
|
|
Sec. 1014.157. FINANCIAL REPORT |
|
|
Sec. 1014.158. DEPOSITORY |
|
|
[Sections 1014.159-1014.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1014.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1014.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1014.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1014.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1014.205. REVENUE OR SPECIAL OBLIGATION BONDS |
|
|
Sec. 1014.206. CHARGES FOR SERVICES RENDERED |
|
|
Sec. 1014.207. REFUNDING BONDS |
|
|
Sec. 1014.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1014.209-1014.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1014.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1014.252. TAX RATE |
|
|
Sec. 1014.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1014. COLLINGSWORTH COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1014.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Collingsworth County |
|
|
Hospital District. (New.) |
|
|
Sec.1014.002.AUTHORITY FOR CREATION. The district is |
|
|
created under the authority of Section 9, Article IX, Texas |
|
|
Constitution, and has the rights, powers, and duties prescribed by |
|
|
this chapter. (Acts 60th Leg., R.S., Ch. 262, Sec. 1 (part).) |
|
|
Sec.1014.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 60th Leg., R.S., Ch. 262, Sec. 11 (part).) |
|
|
Sec.1014.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Collingsworth |
|
|
County, Texas. (Acts 60th Leg., R.S., Ch. 262, Sec. 1 (part).) |
|
|
Sec. 1014.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Sec. 22 (part).) |
|
|
Sec.1014.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 22 (part).) |
|
|
[Sections 1014.007-1014.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1014.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of seven directors elected from the district at |
|
|
large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. |
|
|
(c) The election order must state the time, place, and |
|
|
purpose of the election. (Acts 60th Leg., R.S., Ch. 262, Secs. 4(a) |
|
|
(part), (b) (part).) |
|
|
Sec.1014.052.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 15 registered voters; and |
|
|
(2) filed at least 25 days before the date of the |
|
|
election. (Acts 60th Leg., R.S., Ch. 262, Sec. 4(b) (part).) |
|
|
Sec.1014.053.QUALIFICATIONS FOR OFFICE. To be eligible |
|
|
to hold office as a director, a person must be a resident |
|
|
property-owning taxpaying voter of the district. (Acts 60th Leg., |
|
|
R.S., Ch. 262, Sec. 4(c) (part).) |
|
|
Sec.1014.054.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors by majority vote shall |
|
|
appoint a director for the unexpired term. (Acts 60th Leg., R.S., |
|
|
Ch. 262, Sec. 4(b) (part).) |
|
|
Sec.1014.055.OFFICERS. (a) The board shall elect from |
|
|
among its members a president, vice president, secretary, and other |
|
|
officers as in the judgment of the board are necessary. |
|
|
(b) The president is the chief executive officer of the |
|
|
district and has the same right to vote as any other director. |
|
|
(c) If the president is absent or fails or declines to act, |
|
|
the vice president shall perform the president's duties and |
|
|
exercise the president's powers under this chapter. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Sec. 4(c) (part).) |
|
|
Sec.1014.056.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may receive actual expenses incurred in |
|
|
attending to district business on approval of the expenses by the |
|
|
remainder of the board. (Acts 60th Leg., R.S., Ch. 262, Sec. 4(c) |
|
|
(part).) |
|
|
Sec.1014.057.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 60th Leg., R.S., Ch. 262, Sec. 4(d) (part).) |
|
|
Sec.1014.058.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
(a) The board shall: |
|
|
(1) keep an account of all board meetings and |
|
|
proceedings; and |
|
|
(2) maintain at the district's principal office all |
|
|
district records and accounts, including all contracts, notices, |
|
|
duplicate vouchers, and duplicate receipts. |
|
|
(b) The information described by Subsection (a) shall be |
|
|
open to public inspection at the district's principal office at all |
|
|
reasonable times. (Acts 60th Leg., R.S., Ch. 262, Sec. 4(d) |
|
|
(part).) |
|
|
Sec.1014.059.INDIVIDUAL LIABILITY OF DIRECTORS. A |
|
|
director is individually liable only for the director's individual |
|
|
misapplication of public money. (Acts 60th Leg., R.S., Ch. 262, |
|
|
Sec. 5(a) (part).) |
|
|
Sec. 1014.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator are entitled to the compensation determined by the |
|
|
board. |
|
|
(d) The board may execute an employment contract with the |
|
|
district administrator or assistant administrator for a term of not |
|
|
more than three years. The employment contract may be renewed or |
|
|
extended annually. |
|
|
(e) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $25,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 5(a) (part).) |
|
|
Sec.1014.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
|
The district administrator shall: |
|
|
(1) stay informed on the latest methods of hospital |
|
|
administration and the care of hospital patients; and |
|
|
(2) subject to the limitations prescribed by the |
|
|
board: |
|
|
(A) supervise the work and activities of the |
|
|
district; and |
|
|
(B) direct the affairs of the district. (Acts |
|
|
60th Leg., R.S., Ch. 262, Sec. 5(a) (part).) |
|
|
Sec.1014.062.EMPLOYEES. The board may employ nurses, |
|
|
technicians, and other employees for the efficient operation of the |
|
|
district or may provide that the district administrator has that |
|
|
authority. (Acts 60th Leg., R.S., Ch. 262, Sec. 5(b) (part).) |
|
|
Sec.1014.063.LEGAL COUNSEL; OTHER PROFESSIONAL SERVICES. |
|
|
The board may employ legal counsel or contract for other |
|
|
professional services as the board considers advisable. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Sec. 18.) |
|
|
Sec.1014.064.RETIREMENT PROGRAM. The board may contract |
|
|
with this state or the federal government to establish or continue a |
|
|
retirement program for the benefit of the district's employees. |
|
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 5(b) (part).) |
|
|
[Sections 1014.065-1014.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1014.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating all hospital facilities for providing |
|
|
medical and hospital care of the indigent persons in the district; |
|
|
and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 60th Leg., R.S., Ch. 262, |
|
|
Secs. 2 (part), 21 (part).) |
|
|
Sec. 1014.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION AND DEBT. Collingsworth County or a municipality in |
|
|
Collingsworth County may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or for medical treatment of |
|
|
indigent persons in the district. (Acts 60th Leg., R.S., Ch. 262, |
|
|
Sec. 21 (part).) |
|
|
Sec.1014.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the district's |
|
|
hospitals and hospital system. (Acts 60th Leg., R.S., Ch. 262, Sec. |
|
|
5(a) (part).) |
|
|
Sec.1014.104.HOSPITAL SYSTEM. The district shall provide |
|
|
for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 262, Sec. 2 (part).) |
|
|
Sec.1014.105.RULES. The board may adopt rules for the |
|
|
operation of the district and as required to administer this |
|
|
chapter. (Acts 60th Leg., R.S., Ch. 262, Secs. 5(a) (part), 12 |
|
|
(part).) |
|
|
Sec.1014.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. |
|
|
(b) A purchase that involves the expenditure of more than |
|
|
$2,000 may be made only after advertising in the manner provided by |
|
|
Chapter 252 and Subchapter C, Chapter 262, Local Government Code. |
|
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 12 (part).) |
|
|
Sec.1014.107.BUILDINGS. The board shall determine the |
|
|
type, number, and location of buildings required to maintain an |
|
|
adequate hospital system. (Acts 60th Leg., R.S., Ch. 262, Sec. 10.) |
|
|
Sec.1014.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Sec. 16.) |
|
|
Sec.1014.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 262, |
|
|
Sec. 20.) |
|
|
Sec. 1014.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person for whom this |
|
|
state or the agency is responsible. (Acts 60th Leg., R.S., Ch. 262, |
|
|
Sec. 5(b) (part).) |
|
|
Sec.1014.111.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator shall have an inquiry made |
|
|
into the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's support. The amount ordered must be |
|
|
proportionate to the person's financial ability and may not exceed |
|
|
the actual per capita cost of maintenance. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 60th Leg., R.S., Ch. 262, Sec. 19.) |
|
|
Sec.1014.112.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch. |
|
|
262, Sec. 5(a) (part).) |
|
|
[Sections 1014.113-1014.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1014.151.BUDGET. The district administrator shall |
|
|
prepare an annual budget for approval by the board. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
|
Sec.1014.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published one time at |
|
|
least 10 days before the date of the hearing. |
|
|
(c) The board must approve the budget. (Acts 60th Leg., |
|
|
R.S., Ch. 262, Sec. 6 (part).) |
|
|
Sec.1014.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 60th Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
|
Sec.1014.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 60th Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
|
Sec.1014.155.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
|
Sec.1014.156.ANNUAL AUDIT. (a) The district annually |
|
|
shall have an audit made of the district's financial condition. |
|
|
(b) The audit shall be open to inspection at all times at the |
|
|
district's principal office. (Acts 60th Leg., R.S., Ch. 262, Sec. 6 |
|
|
(part).) |
|
|
Sec.1014.157.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 60th Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
|
Sec.1014.158.DEPOSITORY. (a) The board shall select one |
|
|
or more banks in the district to serve as a depository for district |
|
|
money. |
|
|
(b) District money shall be immediately deposited on |
|
|
receipt with a depository bank, except that sufficient money must |
|
|
be remitted to an appropriate bank to pay the principal of and |
|
|
interest on the district's outstanding bonds or other obligations |
|
|
on or before the maturity date of the principal and interest. |
|
|
(c) To the extent that money in a depository bank is not |
|
|
insured by the Federal Deposit Insurance Corporation, the money |
|
|
must be secured in the manner provided by law for the security of |
|
|
county funds. |
|
|
(d) Membership on the district's board of an officer or |
|
|
director of a bank does not disqualify the bank from being selected |
|
|
as a depository bank. (Acts 60th Leg., R.S., Ch. 262, Sec. 13.) |
|
|
[Sections 1014.159-1014.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1014.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose related to the purchase, |
|
|
construction, acquisition, repair, or renovation of improvements, |
|
|
and equipping the improvements for a hospital and the hospital |
|
|
system, as determined by the board. (Acts 60th Leg., R.S., Ch. 262, |
|
|
Sec. 7(a) (part).) |
|
|
Sec.1014.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1014.201, the board shall impose an ad valorem tax on all |
|
|
property in the district subject to district taxation at a rate |
|
|
sufficient to create an interest and sinking fund and 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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of taxable property in the district. |
|
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 7(a) (part).) |
|
|
Sec.1014.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board shall call the election. The election must be |
|
|
held in accordance with Chapter 1251, Government Code. |
|
|
(c) The bond election order must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding election officers; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum maturity of the bonds; and |
|
|
(6) the maximum interest rate of the bonds. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Sec. 7(a) (part).) |
|
|
Sec.1014.204.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall attest the bonds as provided |
|
|
by Chapter 618, Government Code. (Acts 60th Leg., R.S., Ch. 262, |
|
|
Sec. 7(a) (part).) |
|
|
Sec.1014.205.REVENUE OR SPECIAL OBLIGATION BONDS. (a) |
|
|
The board may issue and sell revenue or special obligation bonds for |
|
|
the purposes provided by Section 1014.201. |
|
|
(b) Special obligation bonds must be payable from the |
|
|
revenue of the district's entire hospital system, including that |
|
|
portion originally acquired and all past or future extensions, |
|
|
additions, or replacements, excluding taxes, after deducting the |
|
|
cost of maintaining and operating the system. For purposes of this |
|
|
subsection, the cost of maintaining and operating the system: |
|
|
(1) may include only the items set forth and defined in |
|
|
the resolution authorizing the bond issuance; and |
|
|
(2) may not include the cost of providing medical or |
|
|
hospital care for the district's needy inhabitants. |
|
|
(c) A cost described by Subsection (b)(2) is a maintenance |
|
|
and operating expense for budget and tax purposes. |
|
|
(d) The district may issue revenue bonds without an |
|
|
election. |
|
|
(e) Revenue bonds may be additionally secured by: |
|
|
(1) a mortgage or deed of trust on real property; |
|
|
(2) a chattel mortgage on the district's personal |
|
|
property; or |
|
|
(3) both. |
|
|
(f) The board may issue bonds that are a junior lien on the |
|
|
district's net revenue or property and additional parity bonds |
|
|
under conditions specified in the bond resolution or trust |
|
|
indenture. |
|
|
(g) Money for the payment of not more than two years' |
|
|
interest on the bonds and an amount the board estimates will be |
|
|
required for maintenance and operating expenses during the first |
|
|
year of operation may be set aside out of the proceeds from the sale |
|
|
of the bonds. |
|
|
(h) A revenue bond issued by the district must contain the |
|
|
following provision: "The holder of the bond may not demand payment |
|
|
of this bond or appurtenant coupons out of money raised or to be |
|
|
raised by taxation." (Acts 60th Leg., R.S., Ch. 262, Secs. 8(a), |
|
|
(b) (part), (c).) |
|
|
Sec.1014.206.CHARGES FOR SERVICES RENDERED. If the board |
|
|
issues revenue bonds, the board shall charge and collect rates for |
|
|
services rendered by the hospital system that are sufficient to: |
|
|
(1) pay the maintenance and operating expenses |
|
|
described by Section 1014.205; |
|
|
(2) pay the principal and interest on the bonds as each |
|
|
becomes due; and |
|
|
(3) create and maintain a bond reserve fund and other |
|
|
funds as provided in the bond resolution or trust indenture. (Acts |
|
|
60th Leg., R.S., Ch. 262, Sec. 8(b) (part).) |
|
|
Sec.1014.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund any bonds issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding bonds; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of the outstanding bonds. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Secs. 7(a) (part), (b) (part).) |
|
|
Sec.1014.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Sec. 11 (part).) |
|
|
[Sections 1014.209-1014.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1014.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on property in the district subject to district |
|
|
taxation. |
|
|
(b) The board shall impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. (Acts 60th Leg., R.S., Ch. 262, Secs. 3(a) (part), 14 |
|
|
(part).) |
|
|
Sec.1014.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 60th |
|
|
Leg., R.S., Ch. 262, Secs. 3(b) (part), 14 (part).) |
|
|
Sec.1014.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Collingsworth County shall assess and |
|
|
collect taxes imposed by the district. (Acts 60th Leg., R.S., Ch. |
|
|
262, Sec. 17 (part).) |
|
|
CHAPTER 1015. FAIRFIELD HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1015.001. DEFINITIONS |
|
|
Sec. 1015.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1015.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1015.004. DISTRICT TERRITORY |
|
|
Sec. 1015.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1015.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1015.007-1015.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1015.051. BOARD ELECTION; TERM |
|
|
Sec. 1015.052. NOTICE OF ELECTION |
|
|
Sec. 1015.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1015.054. BOND; RECORD OF BOND |
|
|
Sec. 1015.055. BOARD VACANCY |
|
|
Sec. 1015.056. OFFICERS |
|
|
Sec. 1015.057. COMPENSATION; EXPENSES |
|
|
Sec. 1015.058. VOTING REQUIREMENT |
|
|
Sec. 1015.059. DISTRICT ADMINISTRATOR |
|
|
Sec. 1015.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1015.061. ASSISTANT DISTRICT ADMINISTRATOR; |
|
|
ATTORNEY |
|
|
Sec. 1015.062. APPOINTMENT AND RECRUITMENT OF STAFF |
|
|
AND EMPLOYEES |
|
|
Sec. 1015.063. CONTINUING EDUCATION; RETRAINING |
|
|
Sec. 1015.064. RETIREMENT BENEFITS |
|
|
[Sections 1015.065-1015.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1015.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1015.102. RESTRICTION ON MUNICIPAL TAXATION AND |
|
|
DEBT |
|
|
Sec. 1015.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1015.104. RULES |
|
|
Sec. 1015.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1015.106. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1015.107. EMINENT DOMAIN |
|
|
Sec. 1015.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1015.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1015.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1015.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1015.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1015.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1015.114. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1015.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1015.116-1015.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1015.151. BUDGET |
|
|
Sec. 1015.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1015.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1015.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1015.155. FISCAL YEAR |
|
|
Sec. 1015.156. ANNUAL AUDIT |
|
|
Sec. 1015.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1015.158. FINANCIAL REPORT |
|
|
Sec. 1015.159. DEPOSITORY |
|
|
Sec. 1015.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1015.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1015.162-1015.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1015.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1015.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1015.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1015.204. REVENUE BONDS |
|
|
Sec. 1015.205. REFUNDING BONDS |
|
|
Sec. 1015.206. MATURITY OF BONDS |
|
|
Sec. 1015.207. EXECUTION OF BONDS |
|
|
Sec. 1015.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1015.209-1015.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1015.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1015.252. TAX RATE |
|
|
Sec. 1015.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1015.254-1015.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1015.301. DISSOLUTION; ELECTION |
|
|
Sec. 1015.302. NOTICE OF ELECTION |
|
|
Sec. 1015.303. BALLOT |
|
|
Sec. 1015.304. ELECTION RESULTS |
|
|
Sec. 1015.305. DIRECTORS IN OFFICE AFTER DISSOLUTION |
|
|
Sec. 1015.306. IMPOSITION OF TAX; TRANSFER OF DEBTS |
|
|
Sec. 1015.307. DISPOSITION OR TRANSFER OF ASSETS AND |
|
|
DEBTS |
|
|
Sec. 1015.308. SPENDING RESTRICTIONS |
|
|
Sec. 1015.309. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1015. FAIRFIELD HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1015.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Fairfield Hospital District. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 1.01.) |
|
|
Sec.1015.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 70th Leg., 2nd C.S., Ch. |
|
|
12, Sec. 1.02.) |
|
|
Sec.1015.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 12, Sec. 7.11 (part).) |
|
|
Sec.1015.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of the Fairfield |
|
|
Independent School District as those boundaries existed on August |
|
|
3, 1987. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 1.03.) |
|
|
Sec. 1015.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not be obligated for the support or |
|
|
maintenance of the district. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
|
Sec. 10.01 (part).) |
|
|
Sec.1015.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 10.01 (part).) |
|
|
[Sections 1015.007-1015.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1015.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of seven directors elected from the district at |
|
|
large. |
|
|
(b) Directors serve staggered four-year terms. |
|
|
(c) An election shall be held on the uniform election day in |
|
|
May of each even-numbered year to elect the appropriate number of |
|
|
directors. (Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 4.01(a), |
|
|
4.03(a), (c).) |
|
|
Sec.1015.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper with general circulation in the |
|
|
district. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 4.04.) |
|
|
Sec.1015.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be a candidate for or to serve as a director, a person |
|
|
must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A district employee may not serve as a director. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 12, Sec. 4.06.) |
|
|
Sec.1015.054.BOND; RECORD OF BOND. (a) Before assuming |
|
|
the duties of office, each director must execute a bond for $5,000 |
|
|
that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The board may pay for a director's bond with district |
|
|
money. |
|
|
(c) Each director's bond shall be kept in the district's |
|
|
permanent records. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 4.07.) |
|
|
Sec.1015.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
|
Sec. 4.08.) |
|
|
Sec.1015.056.OFFICERS. (a) The board shall elect a |
|
|
president and vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 4.09, |
|
|
4.10.) |
|
|
Sec.1015.057.COMPENSATION; EXPENSES. 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. (Acts 70th Leg., 2nd C.S., |
|
|
Ch. 12, Sec. 4.11.) |
|
|
Sec.1015.058.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
|
Sec. 4.12.) |
|
|
Sec.1015.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond in the amount set by the board |
|
|
of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 4.13(a) (part), (b) (part), |
|
|
(c) (part), (d).) |
|
|
Sec.1015.060.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. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 12, Sec. 4.16.) |
|
|
Sec.1015.061.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the assistant district administrator; and |
|
|
(2) the attorney for the district. |
|
|
(b) The assistant district administrator and the attorney |
|
|
for the district serve at the will of the board and are entitled to |
|
|
the compensation determined by the board. (Acts 70th Leg., 2nd |
|
|
C.S., Ch. 12, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
|
Sec. 1015.062. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
|
board considers necessary for the efficient operation of the |
|
|
district and may make temporary appointments as necessary. |
|
|
(b) The district may employ technicians, nurses, fiscal |
|
|
agents, accountants, architects, additional attorneys, and other |
|
|
necessary employees. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ persons for the district. |
|
|
(d) The board may spend money to recruit physicians, nurses, |
|
|
and other trained medical personnel. The board may pay the tuition |
|
|
or other costs or expenses of a full-time medical student or nursing |
|
|
student who: |
|
|
(1) is enrolled in and is in good standing at an |
|
|
accredited school, college, or university; and |
|
|
(2) contractually agrees to become a district employee |
|
|
in return for that assistance. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
|
Secs. 4.14, 4.15, 4.18(a), (b).) |
|
|
Sec.1015.063.CONTINUING EDUCATION; RETRAINING. The board |
|
|
may spend money for continuing education and retraining of |
|
|
employees. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 4.18(c).) |
|
|
Sec.1015.064.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. (Acts 70th Leg., 2nd C.S., |
|
|
Ch. 12, Sec. 4.17.) |
|
|
[Sections 1015.065-1015.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1015.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
|
Sec. 5.02 (part).) |
|
|
Sec.1015.102.RESTRICTION ON MUNICIPAL TAXATION AND DEBT. |
|
|
The City of Fairfield may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district residents. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
|
5.01(b).) |
|
|
Sec.1015.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 70th Leg., 2nd C.S., |
|
|
Ch. 12, Sec. 5.03.) |
|
|
Sec.1015.104.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. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
|
Sec. 5.04.) |
|
|
Sec.1015.105.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. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 5.05.) |
|
|
Sec. 1015.106. 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, including facilities and |
|
|
equipment, for the district for use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease hospital facilities for the |
|
|
district. |
|
|
(d) The board may sell or otherwise dispose of the property, |
|
|
including facilities, or equipment, for the district. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 12, Sec. 5.06.) |
|
|
Sec.1015.107.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 a right 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 the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
|
5.09.) |
|
|
Sec.1015.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of any railroad, highway, pipeline, |
|
|
electric transmission and electric distribution, telegraph, or |
|
|
telephone line, conduit, pole, or facility, the district must bear |
|
|
the actual cost of relocating, raising, lowering, rerouting, |
|
|
changing the grade, or altering the construction to provide |
|
|
comparable replacement, without enhancement of facilities, after |
|
|
deducting the net salvage value derived from the old facility. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 5.10.) |
|
|
Sec.1015.109.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 |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 70th Leg., 2nd C.S., Ch. |
|
|
12, Sec. 5.14.) |
|
|
Sec.1015.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 5.07(a).) |
|
|
Sec.1015.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a hospital facility for the district. (Acts 70th Leg., 2nd C.S., |
|
|
Ch. 12, Sec. 5.08.) |
|
|
Sec. 1015.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. The board may contract with a political subdivision of |
|
|
this state or with a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
|
5.13.) |
|
|
Sec.1015.113.PAYMENT FOR TREATMENT; PROCEDURES. |
|
|
(a) Each year, the board may set criteria for determining |
|
|
residency, eligibility for a service, and the type of services |
|
|
available. |
|
|
(b) 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. |
|
|
(c) 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. |
|
|
(d) 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. |
|
|
(e) The district administrator may collect the money owed to |
|
|
the district from the patient's estate or from that of a relative |
|
|
who was legally responsible for the patient's support in the manner |
|
|
provided by law for the collection of expenses of the last illness |
|
|
of a deceased person. |
|
|
(f) 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: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(g) The final order of the board may be appealed to a |
|
|
district court in the county in which the district is located. The |
|
|
substantial evidence rule applies to the appeal. (Acts 70th Leg., |
|
|
2nd C.S., Ch. 12, Secs. 5.11(a) (part), (b), (c), (d), (e), (f).) |
|
|
Sec.1015.114.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person of that county, |
|
|
municipality, or public hospital as provided by Chapter 61, Health |
|
|
and Safety Code. |
|
|
(b) The board shall require the sheriff of Freestone County |
|
|
or the police chief of the City of Fairfield to reimburse the |
|
|
district for the district's care and treatment of a person who is |
|
|
confined in a jail facility of Freestone County or the City of |
|
|
Fairfield and is not a district resident. A prisoner in the |
|
|
Freestone County jail or any penal or police facility located in the |
|
|
district does not qualify as a district resident unless the person |
|
|
would meet the qualifications for residency notwithstanding the |
|
|
incarceration, its duration, or the facts surrounding the |
|
|
incarceration. |
|
|
(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. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 12, Sec. 5.12.) |
|
|
Sec.1015.115.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. (Acts 70th Leg., 2nd |
|
|
C.S., Ch. 12, Sec. 5.15.) |
|
|
[Sections 1015.116-1015.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1015.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 70th Leg., |
|
|
2nd C.S., Ch. 12, Sec. 6.04.) |
|
|
Sec.1015.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 6.05.) |
|
|
Sec.1015.153.AMENDMENTS TO BUDGET. After adoption, the |
|
|
annual budget may be amended on the board's approval. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 12, Sec. 6.06.) |
|
|
Sec.1015.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 6.07.) |
|
|
Sec.1015.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 12, Sec. 6.01.) |
|
|
Sec.1015.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 12, Sec. 6.02.) |
|
|
Sec. 1015.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection during regular business hours at the district's |
|
|
principal office. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 6.03.) |
|
|
Sec.1015.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 6.08.) |
|
|
Sec.1015.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1015.160(b) 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 power of the board to |
|
|
place a part of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless the bank has first executed 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. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
|
Sec. 6.11.) |
|
|
Sec.1015.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Sections 1015.110, 1015.161, |
|
|
1015.201, 1015.204, and 1015.205, the district may not incur a debt |
|
|
payable from district revenue other than the revenue on hand or to |
|
|
be on hand in the current and immediately following district fiscal |
|
|
years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
|
6.09.) |
|
|
Sec.1015.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money at a rate not to exceed the maximum |
|
|
annual percentage rate allowed by law for district obligations at |
|
|
the time the loan is made if the board declares that money is not |
|
|
available to meet authorized district obligations, which creates an |
|
|
emergency. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. |
|
|
(d) Money obtained from a loan under this section may be |
|
|
spent only for: |
|
|
(1) a purpose for which the board declared an |
|
|
emergency; and |
|
|
(2) if district taxes or bonds are pledged to pay the |
|
|
loan, the purpose for which the pledged taxes were imposed or the |
|
|
pledged bonds were authorized. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
|
Sec. 6.10.) |
|
|
[Sections 1015.162-1015.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1015.201.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; and |
|
|
(2) equip buildings or improvements for hospital |
|
|
purposes. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 7.01.) |
|
|
Sec.1015.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1015.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
|
7.02.) |
|
|
Sec.1015.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of district voters voting at an election |
|
|
held for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 7.03.) |
|
|
Sec.1015.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 7.04.) |
|
|
Sec.1015.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund an outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the indebtedness to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 12, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1015.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 12, Sec. 7.06 (part).) |
|
|
Sec.1015.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute district bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 70th Leg., |
|
|
2nd C.S., Ch. 12, Sec. 7.07.) |
|
|
Sec.1015.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 12, Sec. 7.11 (part).) |
|
|
[Sections 1015.209-1015.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1015.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to meet the requirements of: |
|
|
(1) district bonds; |
|
|
(2) indebtedness assumed by the district; and |
|
|
(3) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 12, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
|
Sec.1015.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate for the initial tax year not to exceed eight cents on each |
|
|
$100 valuation of taxable property. |
|
|
(b) The tax rate for all purposes may not exceed 12 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider income |
|
|
of the district from sources other than taxation. |
|
|
(d) The board may decrease the tax rate or may elect not to |
|
|
impose a tax. (Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 8.01(a) |
|
|
(part), (b), 8.03 (part).) |
|
|
Sec.1015.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
|
8.04(b).) |
|
|
[Sections 1015.254-1015.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1015.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order that a dissolution election be held. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by at least 10 |
|
|
percent of the registered voters in the district. The board shall |
|
|
order the election not later than the 60th day after the date the |
|
|
petition is presented to the district. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 70th Leg., 2nd C.S., Ch. |
|
|
12, Secs. 9.01, 9.02, 9.03, 9.05(b).) |
|
|
Sec.1015.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper with general circulation in the district. |
|
|
(b) The first publication of the notice must appear at least |
|
|
35 days before the date set for the election. (Acts 70th Leg., 2nd |
|
|
C.S., Ch. 12, Sec. 9.04.) |
|
|
Sec.1015.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Fairfield Hospital District." |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 9.06.) |
|
|
Sec.1015.304.ELECTION RESULTS. (a) If the board finds |
|
|
that the election results favor the proposition to dissolve the |
|
|
district, the board shall: |
|
|
(1) issue an order declaring the district be |
|
|
dissolved; and |
|
|
(2) specify in the order the date the dissolution |
|
|
takes effect. |
|
|
(b) If the board finds that the election results do not |
|
|
favor the proposition to dissolve the district, another dissolution |
|
|
election may not be held before the first anniversary of the date of |
|
|
the election at which the voters disapproved the proposition. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 9.07(b), (c).) |
|
|
Sec.1015.305.DIRECTORS IN OFFICE AFTER DISSOLUTION. The |
|
|
directors in office on the date of the dissolution shall continue in |
|
|
office, without further election, until: |
|
|
(1) the affairs of the district are effectively |
|
|
concluded; and |
|
|
(2) all duties or acts required of the board are |
|
|
completed. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 9.08(c).) |
|
|
Sec.1015.306.IMPOSITION OF TAX; TRANSFER OF DEBTS. After |
|
|
issuing the dissolution order, the board shall determine the debt |
|
|
owed by the district and shall: |
|
|
(1) impose on property subject to taxation in the |
|
|
district a tax in proportion of the debt to the property value and |
|
|
use the tax revenue to pay the district's bonds or satisfy other |
|
|
district debts; or |
|
|
(2) transfer the district's debts to any governmental |
|
|
entity assuming responsibility after dissolution of the district |
|
|
for providing hospital care in the territory included in the |
|
|
district. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 9.08(a).) |
|
|
Sec.1015.307.DISPOSITION OR TRANSFER OF ASSETS AND DEBTS. |
|
|
(a) The board may not dispose of or transfer the district's assets |
|
|
except for due compensation unless: |
|
|
(1) the debts are transferred to another governmental |
|
|
entity embracing the district; and |
|
|
(2) the transferred assets are used for the benefit of |
|
|
citizens formerly in the district. |
|
|
(b) If the board transfers the district's debts to another |
|
|
governmental entity, the board shall also transfer to that |
|
|
governmental entity: |
|
|
(1) title to land, buildings, improvements, and |
|
|
equipment related to the hospital system owned by the district; and |
|
|
(2) operating money and reserves for operating |
|
|
expenses and money budgeted by the district to provide medical care |
|
|
for district residents for the remainder of the fiscal year in which |
|
|
the district is dissolved. (Acts 70th Leg., 2nd C.S., Ch. 12, Secs. |
|
|
9.08(b), (d) (part).) |
|
|
Sec.1015.308.SPENDING RESTRICTIONS. After the effective |
|
|
date of the district's dissolution, the board may not spend any |
|
|
money except: |
|
|
(1) as authorized by law; and |
|
|
(2) as necessary to pay reasonable dissolution |
|
|
expenses and the district's legal debts incurred before that date. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 9.08(d) (part).) |
|
|
Sec.1015.309.REPORT; DISSOLUTION ORDER. (a) After the |
|
|
district has paid all district debts and has disposed of all |
|
|
district money and other assets as prescribed by this subchapter, |
|
|
the board shall file a written report with the Commissioners Court |
|
|
of Freestone County summarizing the board's actions in dissolving |
|
|
the district. The report must include a summary of the district's |
|
|
debts. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Freestone County receives the report, the |
|
|
commissioners court shall: |
|
|
(1) determine whether the board has fulfilled the |
|
|
requirements of this subchapter; and |
|
|
(2) if the commissioners court determines the board |
|
|
has fulfilled its duties, enter an order to that effect. |
|
|
(c) On entry of an order under Subsection (b)(2), the |
|
|
directors are discharged from liability under their bonds. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 12, Sec. 9.08(e).) |
|
|
CHAPTER 1016. CONCHO COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1016.001. DEFINITIONS |
|
|
Sec. 1016.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1016.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1016.004. DISTRICT TERRITORY |
|
|
Sec. 1016.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1016.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1016.007. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1016.008-1016.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1016.051. BOARD ELECTION; TERM |
|
|
Sec. 1016.052. NOTICE OF ELECTION |
|
|
Sec. 1016.053. BALLOT PETITION |
|
|
Sec. 1016.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1016.055. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1016.056. BOARD VACANCY |
|
|
Sec. 1016.057. OFFICERS |
|
|
Sec. 1016.058. VOTING REQUIREMENT |
|
|
Sec. 1016.059. MEETINGS |
|
|
Sec. 1016.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1016.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1016.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1016.063. SENIORITY; RETIREMENT BENEFITS |
|
|
[Sections 1016.064-1016.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1016.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1016.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1016.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1016.104. HOSPITAL SYSTEM |
|
|
Sec. 1016.105. RULES |
|
|
Sec. 1016.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1016.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1016.108. EMINENT DOMAIN |
|
|
Sec. 1016.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1016.110. CONSTRUCTION OR PURCHASE CONTRACTS |
|
|
Sec. 1016.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1016.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR HOSPITALIZATION |
|
|
Sec. 1016.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1016.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1016.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1016.116-1016.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1016.151. BUDGET |
|
|
Sec. 1016.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1016.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1016.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1016.155. FISCAL YEAR |
|
|
Sec. 1016.156. AUDIT |
|
|
Sec. 1016.157. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1016.158. FINANCIAL REPORT |
|
|
Sec. 1016.159. DEPOSITORY |
|
|
Sec. 1016.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1016.161-1016.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1016.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1016.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1016.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1016.204. REVENUE BONDS |
|
|
Sec. 1016.205. REFUNDING BONDS |
|
|
Sec. 1016.206. MATURITY OF BONDS |
|
|
Sec. 1016.207. EXECUTION OF BONDS |
|
|
Sec. 1016.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1016.209-1016.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1016.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1016.252. TAX RATE |
|
|
CHAPTER 1016. CONCHO COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1016.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Concho County Hospital |
|
|
District. (New.) |
|
|
Sec.1016.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with and has the rights, powers, and duties |
|
|
provided by Section 9, Article IX, Texas Constitution, and by this |
|
|
chapter. (Acts 62nd Leg., R.S., Ch. 877, Sec. 1 (part).) |
|
|
Sec.1016.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 62nd Leg., R.S., Ch. 877, Sec. 21 (part).) |
|
|
Sec.1016.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Concho County, |
|
|
Texas. (Acts 62nd Leg., R.S., Ch. 877, Sec. 1 (part).) |
|
|
Sec.1016.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 62nd Leg., R.S., Ch. 877, Sec. 23 (part).) |
|
|
Sec. 1016.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 62nd |
|
|
Leg., R.S., Ch. 877, Sec. 20 (part).) |
|
|
Sec.1016.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 62nd Leg., R.S., Ch. 877, Sec. 20 (part).) |
|
|
[Sections 1016.008-1016.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1016.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected as follows: |
|
|
(1) four directors, each of whom is a resident of a |
|
|
different county commissioners precinct; and |
|
|
(2) three directors from the district at large. |
|
|
(b) A district voter may vote on each of the seven |
|
|
directors. |
|
|
(c) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(a) (part).) |
|
|
Sec.1016.052.NOTICE OF ELECTION. At least 10 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper of general circulation in |
|
|
Concho County. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(c) (part).) |
|
|
Sec.1016.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 10 registered voters; and |
|
|
(2) filed at least 25 days before the date of the |
|
|
election. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(c) (part).) |
|
|
Sec.1016.054.QUALIFICATIONS FOR OFFICE. A person may not |
|
|
be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; |
|
|
(2) a qualified voter; |
|
|
(3) a freeholder; and |
|
|
(4) at least 18 years of age when elected or appointed. |
|
|
(Acts 62nd Leg., R.S., Ch. 877, Sec. 4(a) (part).) |
|
|
Sec. 1016.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) Each director's bond and the constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository bank for safekeeping. (Acts 62nd Leg., R.S., Ch. 877, |
|
|
Sec. 4(a) (part).) |
|
|
Sec.1016.056.BOARD VACANCY. (a) If a vacancy occurs in |
|
|
the office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. |
|
|
(b) If the number of directors is reduced to fewer than four |
|
|
for any reason, the remaining directors shall immediately call a |
|
|
special election to fill the vacancies. If the remaining directors |
|
|
do not call the election, a district court, on application of a |
|
|
district voter or taxpayer, may order the directors to hold the |
|
|
election. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(b) (part).) |
|
|
Sec.1016.057.OFFICERS. The board shall elect a president |
|
|
and a secretary from among its members. (Acts 62nd Leg., R.S., Ch. |
|
|
877, Sec. 4(b) (part).) |
|
|
Sec.1016.058.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(b) (part).) |
|
|
Sec.1016.059.MEETINGS. (a) A board meeting may be called |
|
|
by the president or any four directors. |
|
|
(b) Notice of the time and place of a board meeting must be |
|
|
given to each director at least 72 hours before the time of the |
|
|
meeting. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(b) (part).) |
|
|
Sec. 1016.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board may appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 62nd Leg., R.S., Ch. 877, Sec. 6 (part).) |
|
|
Sec.1016.061.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 affairs of the district. (Acts 62nd |
|
|
Leg., R.S., Ch. 877, Sec. 6 (part).) |
|
|
Sec.1016.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 62nd Leg., R.S., Ch. 877, Secs. 6 (part), 16.) |
|
|
Sec.1016.063.SENIORITY; RETIREMENT BENEFITS. The board |
|
|
may: |
|
|
(1) adopt rules related to the seniority of district |
|
|
employees, including rules for a retirement plan based on |
|
|
seniority; and |
|
|
(2) give effect to previous years of service for |
|
|
district employees continuously employed in the operation or |
|
|
management of hospital facilities: |
|
|
(A) constructed by the district; or |
|
|
(B) acquired by the district, including |
|
|
facilities acquired when the district was created. (Acts 62nd |
|
|
Leg., R.S., Ch. 877, Sec. 6 (part).) |
|
|
[Sections 1016.064-1016.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1016.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing hospital care for the district's |
|
|
indigent residents. (Acts 62nd Leg., R.S., Ch. 877, Sec. 19 |
|
|
(part).) |
|
|
Sec. 1016.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes or to provide medical care. (Acts 62nd Leg., |
|
|
R.S., Ch. 877, Sec. 19 (part).) |
|
|
Sec.1016.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 62nd Leg., R.S., Ch. |
|
|
877, Sec. 6 (part).) |
|
|
Sec.1016.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) facilities for domiciliary care of the sick, |
|
|
injured, or geriatric; |
|
|
(2) facilities for outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses' domiciliaries and training |
|
|
centers; |
|
|
(6) blood banks; |
|
|
(7) research centers or laboratories; and |
|
|
(8) any other facilities the board considers necessary |
|
|
for hospital care. (Acts 62nd Leg., R.S., Ch. 877, Secs. 2 (part), |
|
|
10 (part).) |
|
|
Sec.1016.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 877, |
|
|
Sec. 6 (part).) |
|
|
Sec.1016.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 62nd |
|
|
Leg., R.S., Ch. 877, Sec. 11 (part).) |
|
|
Sec. 1016.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. The board may not sell |
|
|
or dispose of any real property unless the board affirmatively |
|
|
finds that the property is not needed for the operation of the |
|
|
hospital system. (Acts 62nd Leg., R.S., Ch. 877, Secs. 10 (part), |
|
|
11 (part).) |
|
|
Sec.1016.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary for the district to exercise |
|
|
a power, right, or privilege conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 62nd Leg., R.S., Ch. 877, Sec. |
|
|
15.) |
|
|
Sec.1016.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 877, |
|
|
Sec. 18 (part).) |
|
|
Sec.1016.110.CONSTRUCTION OR PURCHASE CONTRACTS. A |
|
|
construction or purchase contract that involves the expenditure of |
|
|
more than $2,000 may be made only after advertising in the manner |
|
|
provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
|
Government Code. (Acts 62nd Leg., R.S., Ch. 877, Sec. 11 (part).) |
|
|
Sec.1016.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 62nd Leg., R.S., Ch. 877, Sec. 10 |
|
|
(part).) |
|
|
Sec. 1016.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
HOSPITALIZATION. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the |
|
|
hospitalization of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the hospitalization of a sick or injured person. (Acts |
|
|
62nd Leg., R.S., Ch. 877, Sec. 6 (part).) |
|
|
Sec. 1016.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory and other services as to the hospital or |
|
|
welfare needs of district inhabitants. (Acts 62nd Leg., R.S., Ch. |
|
|
877, Sec. 6 (part).) |
|
|
Sec.1016.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) The final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 62nd Leg., R.S., Ch. 877, Sec. 17.) |
|
|
Sec.1016.115.AUTHORITY TO SUE AND BE SUED. (a) The |
|
|
district, through the board, may sue and be sued. |
|
|
(b) The district is entitled to all causes of action and |
|
|
defenses to which similar authorities performing only governmental |
|
|
functions are entitled. (Acts 62nd Leg., R.S., Ch. 877, Sec. 6 |
|
|
(part).) |
|
|
[Sections 1016.116-1016.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1016.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; |
|
|
(7) the estimated tax rate required; and |
|
|
(8) the proposed expenditures and disbursements and |
|
|
the estimated receipts and collections for the following fiscal |
|
|
year. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
|
Sec.1016.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) At least 10 days before the date of the hearing, notice |
|
|
of the hearing shall be published one time in a newspaper or |
|
|
newspapers that individually or collectively have general |
|
|
circulation in the district. |
|
|
(c) Any property taxpayer of the district is entitled to be |
|
|
present and participate at the hearing in accordance with the rules |
|
|
of decorum and procedures prescribed by the board. |
|
|
(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 any changes in the proposed |
|
|
budget that the board judges to be in the interest of the taxpayers |
|
|
and that the law warrants. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 |
|
|
(part).) |
|
|
Sec.1016.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
|
Sec.1016.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
|
Sec.1016.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed more than once in a |
|
|
24-month period. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
|
Sec.1016.156.AUDIT. (a) The board shall have an |
|
|
independent audit made of the district's financial condition for |
|
|
the fiscal year. |
|
|
(b) As soon as the audit is completed, the audit shall be |
|
|
filed at the district's office. (Acts 62nd Leg., R.S., Ch. 877, |
|
|
Sec. 7 (part).) |
|
|
Sec.1016.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 62nd Leg., R.S., Ch. 877, |
|
|
Sec. 7 (part).) |
|
|
Sec.1016.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
|
Sec.1016.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1016.160(b), 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. (Acts 62nd Leg., |
|
|
R.S., Ch. 877, Sec. 12.) |
|
|
Sec.1016.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1016.107(c), this |
|
|
subchapter, and Subchapter E, the district may not incur an |
|
|
obligation payable from district revenue other than the revenue on |
|
|
hand or to be on hand in the current and following district fiscal |
|
|
years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 877, Secs. 6 |
|
|
(part), 11 (part).) |
|
|
[Sections 1016.161-1016.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1016.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 62nd Leg., R.S., Ch. 877, Sec. 8 (part).) |
|
|
Sec.1016.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1016.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
tax rate approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 62nd Leg., R.S., Ch. 877, Sec. 8 |
|
|
(part).) |
|
|
Sec.1016.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum maturity of the bonds; and |
|
|
(6) the maximum interest rate of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 877, |
|
|
Sec. 8 (part).) |
|
|
Sec.1016.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
62nd Leg., R.S., Ch. 877, Sec. 9(b) (part).) |
|
|
Sec.1016.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) Refunding bonds may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 62nd |
|
|
Leg., R.S., Ch. 877, Secs. 9(a) (part), (b) (part).) |
|
|
Sec.1016.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
62nd Leg., R.S., Ch. 877, Sec. 9(c) (part).) |
|
|
Sec.1016.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 62nd Leg., |
|
|
R.S., Ch. 877, Sec. 9(c) (part).) |
|
|
Sec.1016.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 62nd |
|
|
Leg., R.S., Ch. 877, Sec. 21 (part).) |
|
|
[Sections 1016.209-1016.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1016.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds or other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) pay indebtedness incurred or assumed by the |
|
|
district; |
|
|
(3) provide for the operation and maintenance of the |
|
|
district and the hospital or hospital system; |
|
|
(4) make improvements and additions to the hospital |
|
|
system; and |
|
|
(5) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 877, |
|
|
Secs. 5 (part), 13 (part).) |
|
|
Sec.1016.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of all |
|
|
taxable property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 62nd |
|
|
Leg., R.S., Ch. 877, Secs. 5 (part), 13 (part).) |
|
|
CHAPTER 1017. CULBERSON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1017.001. DEFINITIONS |
|
|
Sec. 1017.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1017.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1017.004. DISTRICT TERRITORY |
|
|
Sec. 1017.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1017.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1017.007-1017.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1017.051. BOARD ELECTION; TERM |
|
|
Sec. 1017.052. NOTICE OF ELECTION |
|
|
Sec. 1017.053. BALLOT PETITION |
|
|
Sec. 1017.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1017.055. BOND; RECORD OF BOND |
|
|
Sec. 1017.056. BOARD VACANCY |
|
|
Sec. 1017.057. OFFICERS |
|
|
Sec. 1017.058. COMPENSATION; EXPENSES |
|
|
Sec. 1017.059. VOTING REQUIREMENT |
|
|
Sec. 1017.060. DISTRICT ADMINISTRATOR |
|
|
Sec. 1017.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1017.062. ASSISTANT DISTRICT ADMINISTRATOR; |
|
|
ATTORNEY |
|
|
Sec. 1017.063. APPOINTMENTS AND RECRUITMENT OF STAFF |
|
|
AND EMPLOYEES |
|
|
Sec. 1017.064. RETIREMENT BENEFITS |
|
|
[Sections 1017.065-1017.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1017.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1017.102. RESTRICTION ON CULBERSON COUNTY |
|
|
TAXATION AND DEBT |
|
|
Sec. 1017.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1017.104. RULES |
|
|
Sec. 1017.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1017.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
|
Sec. 1017.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1017.108. EMINENT DOMAIN |
|
|
Sec. 1017.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1017.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1017.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1017.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1017.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1017.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1017.115. REIMBURSEMENT FOR SERVICE |
|
|
Sec. 1017.116. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1017.117-1017.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCE PROVISIONS |
|
|
Sec. 1017.151. BUDGET |
|
|
Sec. 1017.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1017.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1017.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1017.155. FISCAL YEAR |
|
|
Sec. 1017.156. ANNUAL AUDIT |
|
|
Sec. 1017.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1017.158. FINANCIAL REPORT |
|
|
Sec. 1017.159. DEPOSITORY |
|
|
Sec. 1017.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1017.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1017.162-1017.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1017.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1017.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1017.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1017.204. REVENUE BONDS |
|
|
Sec. 1017.205. REFUNDING BONDS |
|
|
Sec. 1017.206. MATURITY OF BONDS |
|
|
Sec. 1017.207. EXECUTION OF BONDS |
|
|
Sec. 1017.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1017.209-1017.250 reserved for expansion] |
|
|
SUBCHAPTER F. AD VALOREM TAX |
|
|
Sec. 1017.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1017.252. TAX RATE |
|
|
Sec. 1017.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1017. CULBERSON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1017.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Culberson County Hospital |
|
|
District. (Acts 69th Leg., R.S., Ch. 515, Sec. 1.01.) |
|
|
Sec.1017.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 69th Leg., R.S., Ch. 515, |
|
|
Sec. 1.02.) |
|
|
Sec.1017.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
69th Leg., R.S., Ch. 515, Sec. 7.11 (part).) |
|
|
Sec.1017.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Culberson County, |
|
|
Texas. (Acts 69th Leg., R.S., Ch. 515, Sec. 1.03.) |
|
|
Sec. 1017.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not become obligated for the support or |
|
|
maintenance of the district. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
|
9.01 (part).) |
|
|
Sec.1017.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 69th Leg., R.S., Ch. 515, Sec. 9.01 (part).) |
|
|
[Sections 1017.007-1017.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1017.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of five directors elected from the district at |
|
|
large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 69th Leg., R.S., Ch. 515, Secs. 4.01(a), |
|
|
4.03(a), (c).) |
|
|
Sec.1017.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper with general circulation in the |
|
|
district. (Acts 69th Leg., R.S., Ch. 515, Sec. 4.04.) |
|
|
Sec.1017.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least one registered voter of the |
|
|
district as determined by the most recent official list of |
|
|
registered voters; and |
|
|
(2) filed not later than the 31st day before the date |
|
|
of the election. (Acts 69th Leg., R.S., Ch. 515, Sec. 4.05.) |
|
|
Sec.1017.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be a candidate for or to serve as a director, a person |
|
|
must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A district employee may not serve as a director. (Acts |
|
|
69th Leg., R.S., Ch. 515, Sec. 4.06.) |
|
|
Sec.1017.055.BOND; RECORD OF BOND. (a) Before assuming |
|
|
the duties of office, each director must execute a bond for $5,000 |
|
|
that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The board may pay for a director's bond with district |
|
|
money. |
|
|
(c) The bond shall be kept in the permanent records of the |
|
|
district. (Acts 69th Leg., R.S., Ch. 515, Sec. 4.07.) |
|
|
Sec.1017.056.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 69th Leg., R.S., Ch. 515, |
|
|
Sec. 4.08.) |
|
|
Sec.1017.057.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 69th Leg., R.S., Ch. 515, Secs. 4.09, 4.10.) |
|
|
Sec.1017.058.COMPENSATION; EXPENSES. 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. (Acts 69th Leg., R.S., Ch. |
|
|
515, Sec. 4.11.) |
|
|
Sec.1017.059.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
|
4.12.) |
|
|
Sec.1017.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond in the amount set by the board |
|
|
of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 69th Leg., R.S., Ch. 515, Secs. 4.13(a) (part), (b) (part), |
|
|
(c) (part), (d).) |
|
|
Sec.1017.061.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. (Acts |
|
|
69th Leg., R.S., Ch. 515, Sec. 4.17.) |
|
|
Sec.1017.062.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the assistant district administrator; and |
|
|
(2) the attorney for the district. |
|
|
(b) The assistant district administrator and the attorney |
|
|
for the district serve at the will of the board and are entitled to |
|
|
the compensation determined by the board. (Acts 69th Leg., R.S., |
|
|
Ch. 515, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
|
Sec. 1017.063. APPOINTMENTS AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
|
board considers necessary for the efficient operation of the |
|
|
district and may make temporary appointments as necessary. |
|
|
(b) The district may employ technicians, nurses, fiscal |
|
|
agents, accountants, architects, additional attorneys, and other |
|
|
necessary employees. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ persons for the district. |
|
|
(d) The board may spend money to recruit physicians, nurses, |
|
|
or other trained medical personnel. The board may pay the tuition or |
|
|
other costs or expenses of a full-time medical student or nursing |
|
|
student who: |
|
|
(1) is enrolled in and is in good standing at an |
|
|
accredited school, college, or university; and |
|
|
(2) contractually agrees to become a district employee |
|
|
in return for that assistance. (Acts 69th Leg., R.S., Ch. 515, |
|
|
Secs. 4.14, 4.15, 4.16.) |
|
|
Sec.1017.064.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. (Acts 69th Leg., R.S., Ch. |
|
|
515, Sec. 4.18.) |
|
|
[Sections 1017.065-1017.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1017.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
|
5.02 (part).) |
|
|
Sec. 1017.102. RESTRICTION ON CULBERSON COUNTY TAXATION AND |
|
|
DEBT. Culberson County may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district residents. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.01(b).) |
|
|
Sec.1017.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 69th Leg., R.S., Ch. |
|
|
515, Sec. 5.03.) |
|
|
Sec.1017.104.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. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
|
5.04.) |
|
|
Sec.1017.105.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. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.05.) |
|
|
Sec.1017.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
|
district may operate or provide for the operation of a mobile |
|
|
emergency medical service. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
|
5.02 (part).) |
|
|
Sec. 1017.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system and the type of equipment necessary for hospital care. The |
|
|
hospital system may include facilities and equipment to provide for |
|
|
domiciliary care and treatment of geriatric patients. |
|
|
(b) The board may: |
|
|
(1) lease or acquire property, including facilities |
|
|
and equipment, for the use of the district; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may sell, lease, or otherwise dispose of |
|
|
property, including facilities or equipment, for the district. |
|
|
Sale or other disposal under this subsection must be at a public |
|
|
sale and at a price and on the terms the board determines are most |
|
|
advantageous to the district. |
|
|
(d) The board may donate to another governmental entity or |
|
|
to a charitable organization any surplus personal property or |
|
|
equipment if the donation serves a public purpose and is |
|
|
accompanied by adequate consideration. (Acts 69th Leg., R.S., Ch. |
|
|
515, Sec. 5.06.) |
|
|
Sec.1017.108.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 |
|
|
property interest is necessary to exercise a right 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 the |
|
|
district is not required to deposit money in the trial court or |
|
|
execute a bond as provided by Section 21.021(a)(2) or (3), Property |
|
|
Code. |
|
|
(c) In a condemnation proceeding brought by the district, |
|
|
the district is not required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
|
5.09.) |
|
|
Sec.1017.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of any railroad, highway, pipeline, or |
|
|
electric transmission, telegraph, or telephone line, conduit, |
|
|
pole, or facility, the district must bear the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
|
altering the construction to provide comparable replacement |
|
|
without enhancement of facilities, after deducting the net salvage |
|
|
value derived from the old facility. (Acts 69th Leg., R.S., Ch. |
|
|
515, Sec. 5.10.) |
|
|
Sec.1017.110.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 other provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 69th Leg., R.S., Ch. 515, |
|
|
Sec. 5.14.) |
|
|
Sec.1017.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.07(a).) |
|
|
Sec.1017.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a hospital facility for the district. (Acts 69th Leg., R.S., Ch. |
|
|
515, Sec. 5.08.) |
|
|
Sec. 1017.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. The board may contract with a political subdivision of |
|
|
the state or with a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.13.) |
|
|
Sec.1017.114.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 a patient or a relative of the patient |
|
|
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 any 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 the amount owed |
|
|
to the district from the patient's estate or from that of a relative |
|
|
who was legally responsible for the patient's support in the manner |
|
|
provided by law for 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: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(f) The final order of the board may be appealed to a |
|
|
district court in Culberson County. The substantial evidence rule |
|
|
applies to the appeal. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.11.) |
|
|
Sec.1017.115.REIMBURSEMENT FOR SERVICE. (a) The board |
|
|
shall require a county or municipality located outside the district |
|
|
to reimburse the district for the district's care and treatment of a |
|
|
sick or injured person of that county or municipality. |
|
|
(b) The board shall require the sheriff of Culberson County |
|
|
to reimburse the district for the district's care and treatment of a |
|
|
person who is confined in a jail facility of Culberson County and is |
|
|
not a district resident. |
|
|
(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. (Acts 69th |
|
|
Leg., R.S., Ch. 515, Sec. 5.12.) |
|
|
Sec.1017.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. (Acts 69th Leg., R.S., |
|
|
Ch. 515, Sec. 5.15.) |
|
|
[Sections 1017.117-1017.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCE PROVISIONS |
|
|
Sec.1017.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 69th Leg., |
|
|
R.S., Ch. 515, Sec. 6.04.) |
|
|
Sec.1017.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes 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. (Acts 69th Leg., R.S., Ch. 515, Sec. 6.05.) |
|
|
Sec.1017.153.AMENDMENTS TO BUDGET. After adoption, the |
|
|
annual budget may be amended on the board's approval. (Acts 69th |
|
|
Leg., R.S., Ch. 515, Sec. 6.06.) |
|
|
Sec.1017.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 69th Leg., R.S., Ch. 515, Sec. 6.07.) |
|
|
Sec.1017.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 69th |
|
|
Leg., R.S., Ch. 515, Sec. 6.01.) |
|
|
Sec.1017.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 69th |
|
|
Leg., R.S., Ch. 515, Sec. 6.02.) |
|
|
Sec. 1017.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection during regular business hours at the district's |
|
|
principal office. (Acts 69th Leg., R.S., Ch. 515, Sec. 6.03.) |
|
|
Sec.1017.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 69th Leg., R.S., Ch. 515, Sec. 6.08.) |
|
|
Sec.1017.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1017.160(b) 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 power of the board to |
|
|
place a part of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 69th Leg., R.S., Ch. 515, |
|
|
Sec. 6.10.) |
|
|
Sec.1017.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by this section and Sections 1017.063(d), |
|
|
1017.111, 1017.201, 1017.204, and 1017.205, the district may not |
|
|
incur a debt payable from district revenue other than the revenue on |
|
|
hand or to be on hand in the current and immediately following |
|
|
district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 69th Leg., R.S., Ch. 515, Secs. |
|
|
6.09(a), (b).) |
|
|
Sec.1017.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money at a rate of not more than 10 percent a |
|
|
year on district notes to pay the obligations if the board declares |
|
|
that money is not available to meet authorized district |
|
|
obligations, which creates an emergency. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. |
|
|
(d) Money obtained from a loan under this section may be |
|
|
spent only for: |
|
|
(1) a purpose for which the board declared an |
|
|
emergency; and |
|
|
(2) if district taxes or bonds are pledged to pay the |
|
|
loan, the purposes for which the taxes were imposed or the bonds |
|
|
were authorized. (Acts 69th Leg., R.S., Ch. 515, Sec. 6.09(c).) |
|
|
[Sections 1017.162-1017.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1017.201.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. (Acts 69th Leg., R.S., Ch. 515, Sec. 7.01.) |
|
|
Sec.1017.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1017.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of a tax. (Acts 69th Leg., R.S., Ch. 515, Sec. 7.02.) |
|
|
Sec.1017.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 69th Leg., R.S., Ch. 515, Sec. 7.03.) |
|
|
Sec.1017.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, 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 revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 69th Leg., R.S., Ch. 515, Sec. 7.04.) |
|
|
Sec.1017.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 69th |
|
|
Leg., R.S., Ch. 515, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1017.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
69th Leg., R.S., Ch. 515, Sec. 7.06 (part).) |
|
|
Sec.1017.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute district bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 69th Leg., |
|
|
R.S., Ch. 515, Sec. 7.07.) |
|
|
Sec.1017.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 69th |
|
|
Leg., R.S., Ch. 515, Sec. 7.11 (part).) |
|
|
[Sections 1017.209-1017.250 reserved for expansion] |
|
|
SUBCHAPTER F. AD VALOREM TAX |
|
|
Sec.1017.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 69th |
|
|
Leg., R.S., Ch. 515, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
|
Sec.1017.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 69th |
|
|
Leg., R.S., Ch. 515, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
|
Sec.1017.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
|
8.04(b).) |
|
|
CHAPTER 1018. DALLAM-HARTLEY COUNTIES HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1018.001. DEFINITIONS |
|
|
Sec. 1018.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1018.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1018.004. DISTRICT TERRITORY |
|
|
Sec. 1018.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1018.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1018.007-1018.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1018.051. BOARD APPOINTMENT; TERM |
|
|
Sec. 1018.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1018.053. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1018.054. BOARD VACANCY |
|
|
Sec. 1018.055. OFFICERS |
|
|
Sec. 1018.056. COMPENSATION; EXPENSES |
|
|
Sec. 1018.057. VOTING REQUIREMENT |
|
|
Sec. 1018.058. DISTRICT ADMINISTRATOR |
|
|
Sec. 1018.059. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1018.060. ATTORNEY; ASSISTANT DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1018.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1018.062. RECRUITMENT OF MEDICAL STAFF AND |
|
|
EMPLOYEES |
|
|
Sec. 1018.063. HEALTH CARE EDUCATIONAL PROGRAMS |
|
|
Sec. 1018.064. LIABILITY INSURANCE; INDEMNIFICATION |
|
|
[Sections 1018.065-1018.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1018.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1018.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1018.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1018.104. HOSPITAL SYSTEM |
|
|
Sec. 1018.105. RULES |
|
|
Sec. 1018.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1018.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1018.108. ASSISTED LIVING FACILITY |
|
|
Sec. 1018.109. EMINENT DOMAIN |
|
|
Sec. 1018.110. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1018.111. GIFTS AND ENDOWMENTS |
|
|
Sec. 1018.112. CONSTRUCTION CONTRACTS |
|
|
Sec. 1018.113. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1018.114. CONTRACTS FOR MEDICAL AND HOSPITAL CARE |
|
|
Sec. 1018.115. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1018.116. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1018.117. JOINT ADMINISTRATION OR DELIVERY OF |
|
|
HEALTH CARE SERVICES |
|
|
Sec. 1018.118. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1018.119. NONPROFIT CORPORATION |
|
|
Sec. 1018.120. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1018.121-1018.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1018.151. BUDGET |
|
|
Sec. 1018.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1018.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1018.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1018.155. FISCAL YEAR |
|
|
Sec. 1018.156. ANNUAL AUDIT |
|
|
Sec. 1018.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1018.158. FINANCIAL REPORT |
|
|
Sec. 1018.159. DEPOSITORY |
|
|
Sec. 1018.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1018.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1018.162-1018.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1018.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1018.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1018.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1018.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1018.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1018.206. REVENUE BONDS |
|
|
Sec. 1018.207. REFUNDING BONDS |
|
|
Sec. 1018.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1018.209-1018.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1018.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1018.252. TAX RATE |
|
|
Sec. 1018.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1018.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
ASSESSOR-COLLECTOR |
|
|
CHAPTER 1018. DALLAM-HARTLEY COUNTIES HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1018.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Dallam-Hartley Counties |
|
|
Hospital District. (New.) |
|
|
Sec.1018.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is administered and financed in accordance with |
|
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
|
powers, and duties provided by this chapter. (Acts 66th Leg., R.S., |
|
|
Ch. 128, Sec. 1 (part).) |
|
|
Sec.1018.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 66th Leg., R.S., Ch. 128, Sec. 19 (part).) |
|
|
Sec.1018.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Dallam and Hartley |
|
|
Counties, Texas, except that the district does not include land |
|
|
located in another hospital district on the date the Dallam-Hartley |
|
|
Counties Hospital District was created. (Acts 66th Leg., R.S., Ch. |
|
|
128, Sec. 1 (part).) |
|
|
Sec. 1018.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support or maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Sec. 18 (part).) |
|
|
Sec.1018.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 66th Leg., R.S., Ch. 128, Sec. 18 (part).) |
|
|
[Sections 1018.007-1018.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1018.051.BOARD APPOINTMENT; TERM. (a) The board |
|
|
consists of seven directors appointed as follows: |
|
|
(1) three directors appointed by the Commissioners |
|
|
Court of Dallam County; |
|
|
(2) three directors appointed by the Commissioners |
|
|
Court of Hartley County; and |
|
|
(3) one director jointly appointed by the six |
|
|
directors appointed under Subdivisions (1) and (2). |
|
|
(b) The directors shall make an appointment under |
|
|
Subsection (a)(3) not later than the 20th day after the date the |
|
|
last director is appointed under Subsection (a)(1) or (2). |
|
|
(c) A successor director is appointed in the same manner as |
|
|
the initial director. |
|
|
(d) Directors serve staggered two-year terms. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Sec. 3(e) (part).) |
|
|
Sec.1018.052.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be appointed as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; |
|
|
(2) the attorney for the district; or |
|
|
(3) a district employee. (Acts 66th Leg., R.S., Ch. |
|
|
128, Sec. 3(g).) |
|
|
Sec. 1018.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
bond for $5,000 that is: |
|
|
(1) approved by the commissioners courts of Dallam and |
|
|
Hartley Counties; |
|
|
(2) payable to the district; and |
|
|
(3) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district may provide for a director's bond with |
|
|
district money. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be kept in the district's permanent |
|
|
records. (Acts 66th Leg., R.S., Ch. 128, Sec. 3(f).) |
|
|
Sec.1018.054.BOARD VACANCY. A vacancy in the office of |
|
|
director shall be filled for the unexpired term by appointment in |
|
|
the same manner as the office was previously filled under Section |
|
|
1018.051. (Acts 66th Leg., R.S., Ch. 128, Sec. 3(e) (part).) |
|
|
Sec.1018.055.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 66th Leg., R.S., Ch. 128, Sec. 3(h) (part).) |
|
|
Sec.1018.056.COMPENSATION; EXPENSES. 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. (Acts 66th Leg., R.S., Ch. |
|
|
128, Sec. 3(h) (part).) |
|
|
Sec.1018.057.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 66th Leg., R.S., Ch. 128, Sec. 3(h) (part).) |
|
|
Sec.1018.058.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 66th Leg., R.S., Ch. 128, Sec. 4(a) (part).) |
|
|
Sec.1018.059.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 affairs of the district. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Sec. 4(a) (part).) |
|
|
Sec.1018.060.ATTORNEY; ASSISTANT DISTRICT ADMINISTRATOR. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the attorney for the district; and |
|
|
(2) the assistant district administrator. |
|
|
(b) The attorney for the district and the assistant district |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. (Acts 66th Leg., R.S., Ch. |
|
|
128, Sec. 4(a) (part).) |
|
|
Sec.1018.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 66th Leg., R.S., Ch. 128, Secs. 4(a) (part), 14.) |
|
|
Sec.1018.062.RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
|
The board may spend district money, enter into agreements, and take |
|
|
other necessary action to recruit physicians and other persons for |
|
|
appointment to the district's medical staff or for employment with |
|
|
the district, including: |
|
|
(1) advertising and marketing; |
|
|
(2) paying travel, recruiting, and relocation |
|
|
expenses; |
|
|
(3) providing a loan or scholarship to a physician or |
|
|
other person who: |
|
|
(A) is currently enrolled in health care |
|
|
education courses at an institution of higher education; and |
|
|
(B) contractually agrees to become a district |
|
|
employee; and |
|
|
(4) providing on a rent-free basis or subsidizing the |
|
|
cost of office space or other facilities for a health care |
|
|
professional, including a physician. (Acts 66th Leg., R.S., Ch. |
|
|
128, Sec. 4B(a).) |
|
|
Sec.1018.063.HEALTH CARE EDUCATIONAL PROGRAMS. The board |
|
|
may spend district money, enter into agreements, or take other |
|
|
necessary action to conduct, participate in, or assist in providing |
|
|
health care educational programs for current or prospective staff |
|
|
members or employees. (Acts 66th Leg., R.S., Ch. 128, Sec. 4B(b).) |
|
|
Sec.1018.064.LIABILITY INSURANCE; INDEMNIFICATION. (a) |
|
|
For an officer, director, board appointee, member of the medical |
|
|
staff, or district employee, the board may: |
|
|
(1) purchase and maintain liability insurance to |
|
|
protect the person from any liability that arises from performing a |
|
|
duty for the district or at a district facility; and |
|
|
(2) enter into and perform an agreement to defend or |
|
|
indemnify the person with regard to a claim, cost, expense, or |
|
|
liability resulting from duties performed for the district or at a |
|
|
district facility. |
|
|
(b) The board may establish a self-insurance program to fund |
|
|
an indemnity obligation. (Acts 66th Leg., R.S., Ch. 128, Secs. |
|
|
4(b), (c).) |
|
|
[Sections 1018.065-1018.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1018.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating all hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 66th Leg., R.S., Ch. 128, Sec. |
|
|
17 (part).) |
|
|
Sec. 1018.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
|
partly within the district may not impose a tax or issue bonds or |
|
|
other obligations for hospital purposes or to provide medical care |
|
|
for district residents. (Acts 66th Leg., R.S., Ch. 128, Sec. 17 |
|
|
(part).) |
|
|
Sec.1018.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 66th Leg., R.S., Ch. |
|
|
128, Sec. 4(a) (part).) |
|
|
Sec.1018.104.HOSPITAL SYSTEM. (a) The district may: |
|
|
(1) provide for the establishment of a hospital system |
|
|
by: |
|
|
(A) purchasing, constructing, acquiring, |
|
|
repairing, or renovating buildings and equipment; |
|
|
(B) equipping the buildings; and |
|
|
(C) administering the system for hospital |
|
|
purposes; or |
|
|
(2) provide hospital services by lease or contract. |
|
|
(b) The hospital system may include any facilities the board |
|
|
considers necessary for hospital care. (Acts 66th Leg., R.S., Ch. |
|
|
128, Secs. 2 (part), 8(a) (part).) |
|
|
Sec.1018.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 66th Leg., R.S., Ch. 128, |
|
|
Sec. 4(a) (part).) |
|
|
Sec.1018.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Sec. 8(b) (part).) |
|
|
Sec. 1018.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
facilities on terms considered to be in the best interest of the |
|
|
district's inhabitants. |
|
|
(c) The board may: |
|
|
(1) acquire by lease, purchase, lease to purchase, or |
|
|
option to purchase property, including facilities, supplies, or |
|
|
equipment, for the district; and |
|
|
(2) mortgage or pledge the property or the revenue |
|
|
from the property as security for the payment of the purchase price. |
|
|
(d) The district may sell, lease, or otherwise dispose of |
|
|
any of the district's property, including equipment, on terms the |
|
|
board finds are in the best interest of the district's inhabitants. |
|
|
(Acts 66th Leg., R.S., Ch. 128, Secs. 8(a) (part), (b) (part).) |
|
|
Sec.1018.108.ASSISTED LIVING FACILITY. The board may |
|
|
construct and maintain an assisted living facility and a related |
|
|
facility that is necessary to operate and maintain an assisted |
|
|
living facility. (Acts 66th Leg., R.S., Ch. 128, Sec. 8(a) (part).) |
|
|
Sec.1018.109.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 66th Leg., R.S., Ch. 128, Sec. |
|
|
12(a).) |
|
|
Sec.1018.110.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of any railroad, electric transmission, |
|
|
telegraph or telephone line, conduit, pole, or facility, or |
|
|
pipeline, the district must bear the actual cost of relocating, |
|
|
raising, lowering, rerouting, changing the grade, or altering the |
|
|
construction to provide comparable replacement without enhancement |
|
|
of facilities, after deducting the net salvage value derived from |
|
|
the old facility. (Acts 66th Leg., R.S., Ch. 128, Sec. 12(b).) |
|
|
Sec.1018.111.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust for the |
|
|
purposes and under the directions, limitations, or other provisions |
|
|
prescribed in writing by the donor that are consistent with the |
|
|
proper management and objectives of the district. (Acts 66th Leg., |
|
|
R.S., Ch. 128, Sec. 16.) |
|
|
Sec.1018.112.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of the amount specified by |
|
|
Section 271.024, Local Government Code, may be made only after |
|
|
advertising in the manner provided by Subchapter B, Chapter 271, |
|
|
Local Government Code. (Acts 66th Leg., R.S., Ch. 128, Sec. 8(b) |
|
|
(part).) |
|
|
Sec.1018.113.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 66th Leg., R.S., Ch. 128, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1018.114.CONTRACTS FOR MEDICAL AND HOSPITAL CARE. |
|
|
The district may contract with public or private institutions and |
|
|
physicians to provide medical and hospital care for the district's |
|
|
indigent and needy residents. (Acts 66th Leg., R.S., Ch. 128, Sec. |
|
|
8(a) (part).) |
|
|
Sec. 1018.115. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries to |
|
|
reimburse the district for the care and treatment of a sick or |
|
|
injured person of that county or municipality. |
|
|
(b) The district may contract with this state or a federal |
|
|
agency for reimbursement for the treatment of a sick or injured |
|
|
person. (Acts 66th Leg., R.S., Ch. 128, Sec. 4(a) (part).) |
|
|
Sec. 1018.116. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory or other services as to facilities for the |
|
|
medical care, hospital, or welfare needs of district inhabitants. |
|
|
(Acts 66th Leg., R.S., Ch. 128, Sec. 4(a) (part).) |
|
|
Sec. 1018.117. JOINT ADMINISTRATION OR DELIVERY OF HEALTH |
|
|
CARE SERVICES. (a) To provide joint administration or delivery of |
|
|
health care services, the district may contract with, affiliate |
|
|
with, have an ownership interest in, or enter into another |
|
|
arrangement with: |
|
|
(1) a managed care system; |
|
|
(2) a preferred provider organization; |
|
|
(3) a health maintenance organization; |
|
|
(4) a medical services organization; |
|
|
(5) another provider of alternative health care or |
|
|
delivery system; or |
|
|
(6) a private hospital. |
|
|
(b) The district may spend district money to establish, |
|
|
maintain, and have an ownership interest in a partnership, |
|
|
corporation, or other entity involved in the delivery of health |
|
|
care services. (Acts 66th Leg., R.S., Ch. 128, Sec. 4(d).) |
|
|
Sec.1018.118.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue a final order. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 66th Leg., R.S., Ch. 128, Sec. 15.) |
|
|
Sec.1018.119.NONPROFIT CORPORATION. (a) The district |
|
|
may create, sponsor, and have a membership interest in a nonprofit |
|
|
corporation under the Business Organizations Code and may |
|
|
contribute money to or solicit money for the corporation. |
|
|
(a-1) On or before December 31, 2009, the district may |
|
|
create, sponsor, and have a membership interest in a nonprofit |
|
|
corporation under the Texas Non-Profit Corporation Act (Article |
|
|
1396-1.01, et seq., Vernon's Texas Civil Statutes) or the Business |
|
|
Organizations Code, as applicable, and may contribute money to or |
|
|
solicit money for the corporation. |
|
|
(b) The corporation created may use money, other than money |
|
|
the corporation pays to 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. |
|
|
(e) This subsection and Subsection (a-1) expire December |
|
|
31, 2009. (Acts 66th Leg., R.S., Ch. 128, Sec. 4(e).) |
|
|
Sec.1018.120.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch. |
|
|
128, Sec. 4(a) (part).) |
|
|
[Sections 1018.121-1018.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1018.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 66th Leg., |
|
|
R.S., Ch. 128, Sec. 5 (part).) |
|
|
Sec.1018.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published one time in a |
|
|
newspaper with general circulation in the district at least 10 days |
|
|
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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 66th Leg., R.S., Ch. 128, Sec. 5 |
|
|
(part).) |
|
|
Sec.1018.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 66th Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
|
Sec.1018.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 66th Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
|
Sec.1018.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during the time revenue bonds of the district are |
|
|
outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
|
Sec.1018.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
|
Sec. 1018.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection at the district's principal office. (Acts 66th Leg., |
|
|
R.S., Ch. 128, Sec. 5 (part).) |
|
|
Sec.1018.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 66th Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
|
Sec.1018.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1018.160(b) 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. |
|
|
(d) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 66th Leg., R.S., Ch. 128, |
|
|
Sec. 9.) |
|
|
Sec.1018.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Sections 1018.107(c) and 1018.161 |
|
|
and Subchapter E, the district may not incur an obligation payable |
|
|
from district revenue other than the revenue on hand or to be on |
|
|
hand in the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 66th Leg., R.S., Ch. 128, Secs. 4(a) |
|
|
(part), 8(b) (part).) |
|
|
Sec.1018.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money for district operating expenses in an |
|
|
amount not to exceed the amount of tax or other revenue the district |
|
|
expects to receive during the fiscal year in which the money is |
|
|
borrowed. |
|
|
(b) To repay the debt, the district may pledge all or part of |
|
|
the tax or other revenue received during the fiscal year in which |
|
|
the board borrows money under this section. (Acts 66th Leg., R.S., |
|
|
Ch. 128, Sec. 4A.) |
|
|
[Sections 1018.162-1018.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1018.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligations bonds in the name and on the |
|
|
faith and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 66th Leg., R.S., Ch. 128, Sec. 6(a) (part).) |
|
|
Sec.1018.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1018.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 66th Leg., R.S., Ch. 128, Sec. 6(a) (part).) |
|
|
Sec.1018.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The board, in ordering the election, shall provide for |
|
|
clerks as in county elections and specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(d) Chapter 41, Election Code, does not apply to an election |
|
|
held under this section. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 66th Leg., R.S., Ch. 128, Sec. 6(a) (part).) |
|
|
Sec.1018.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 66th Leg., R.S., Ch. 128, |
|
|
Sec. 6(c) (part).) |
|
|
Sec.1018.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 66th Leg., |
|
|
R.S., Ch. 128, Sec. 6(c) (part).) |
|
|
Sec.1018.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
66th Leg., R.S., Ch. 128, Sec. 7 (part).) |
|
|
Sec.1018.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Secs. 6(a) (part), (b) (part), 7 (part).) |
|
|
Sec.1018.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Sec. 19 (part).) |
|
|
[Sections 1018.209-1018.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1018.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The board may impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the construction, maintenance, equipment, and |
|
|
operating expenses of the district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Secs. 10(a) (part), 13(a) (part).) |
|
|
Sec.1018.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of all |
|
|
taxable property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 66th |
|
|
Leg., R.S., Ch. 128, Secs. 3(b) (part), 10(a) (part), (b) (part).) |
|
|
Sec. 1018.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1018.254. |
|
|
(b) The tax assessors-collectors of Dallam and Hartley |
|
|
Counties shall assess and collect taxes imposed by the district in |
|
|
their respective counties. (Acts 66th Leg., R.S., Ch. 128, Secs. |
|
|
13(a) (part), (b) (part).) |
|
|
Sec. 1018.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
ASSESSOR-COLLECTOR. (a) The board, by majority vote, may elect to |
|
|
have district taxes assessed and collected by a tax |
|
|
assessor-collector appointed by the board. An election under this |
|
|
subsection must be made by December 1 and governs the manner in |
|
|
which taxes are assessed and collected, until changed by a similar |
|
|
resolution. |
|
|
(b) The district tax assessor-collector must reside in the |
|
|
district. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the term of employment; and |
|
|
(2) compensation. (Acts 66th Leg., R.S., Ch. 128, |
|
|
Secs. 13(a) (part), (c) (part).) |
|
|
CHAPTER 1019. DARROUZETT HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1019.001. DEFINITIONS |
|
|
Sec. 1019.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1019.003. POLITICAL SUBDIVISION |
|
|
Sec. 1019.004. DISTRICT TERRITORY |
|
|
Sec. 1019.005. CORRECTION OF INVALID PROCEDURES |
|
|
[Sections 1019.006-1019.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1019.051. BOARD ELECTION; TERM |
|
|
Sec. 1019.052. BOARD VACANCY |
|
|
Sec. 1019.053. OFFICERS |
|
|
Sec. 1019.054. COMPENSATION; EXPENSES |
|
|
Sec. 1019.055. EMPLOYEES |
|
|
Sec. 1019.056. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1019.057. SEAL |
|
|
[Sections 1019.058-1019.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1019.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1019.102. RESTRICTION ON TAXATION AND DEBT BY |
|
|
OTHER ENTITY |
|
|
Sec. 1019.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1019.104. HOSPITAL SYSTEM |
|
|
Sec. 1019.105. RULES |
|
|
Sec. 1019.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1019.107. EMINENT DOMAIN |
|
|
Sec. 1019.108. GIFTS AND ENDOWMENTS |
|
|
Sec. 1019.109. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1019.110. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1019.111-1019.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1019.151. BUDGET |
|
|
Sec. 1019.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1019.153. FISCAL YEAR |
|
|
Sec. 1019.154. ANNUAL AUDIT |
|
|
Sec. 1019.155. DEPOSITORY OR TREASURER |
|
|
[Sections 1019.156-1019.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1019.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1019.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1019.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1019.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1019.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1019.206. REFUNDING BONDS |
|
|
[Sections 1019.207-1019.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1019.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1019.252. TAX RATE |
|
|
Sec. 1019.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1019. DARROUZETT HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1019.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Darrouzett Hospital |
|
|
District. (New.) |
|
|
Sec.1019.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution. (Acts 63rd Leg., R.S., Ch. 539, Sec. 1 (part).) |
|
|
Sec.1019.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 63rd Leg., R.S., Ch. |
|
|
539, Sec. 16 (part).) |
|
|
Sec.1019.004.DISTRICT TERRITORY. The district is |
|
|
composed of: |
|
|
(1) the territory described by Section 1, Chapter 539, |
|
|
Acts of the 63rd Legislature, Regular Session, 1973; and |
|
|
(2) all territory in the Darrouzett Independent School |
|
|
District as that territory existed on June 14, 1973, except the |
|
|
territory in the Booker Hospital District on that date. (New; Acts |
|
|
63rd Leg., R.S., Ch. 539, Sec. 1 (part).) |
|
|
Sec.1019.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 63rd Leg., R.S., Ch. 539, Sec. 19 (part).) |
|
|
[Sections 1019.006-1019.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1019.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of six directors elected from the district at large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) an election shall be held on the uniform election |
|
|
date in May of each year to elect the appropriate number of |
|
|
directors. (Acts 63rd Leg., R.S., Ch. 539, Secs. 3(c) (part), |
|
|
3A(a).) |
|
|
Sec.1019.052.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 63rd Leg., R.S., Ch. 539, |
|
|
Sec. 3A(b).) |
|
|
Sec.1019.053.OFFICERS. (a) The board shall elect a |
|
|
president, vice president, and secretary-treasurer from among its |
|
|
members. |
|
|
(b) Each officer of the board serves until the next |
|
|
directors' election. (Acts 63rd Leg., R.S., Ch. 539, Sec. 4 |
|
|
(part).) |
|
|
Sec.1019.054.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the entire board. (Acts 63rd Leg., R.S., Ch. 539, Sec. |
|
|
4 (part).) |
|
|
Sec.1019.055.EMPLOYEES. The board may employ a general |
|
|
manager, attorneys, financial advisors, bookkeepers, and |
|
|
architects as the board considers necessary. (Acts 63rd Leg., |
|
|
R.S., Ch. 539, Sec. 7 (part).) |
|
|
Sec.1019.056.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
All district records, including books, accounts, notices, minutes, |
|
|
and all other matters of the district and the operation of its |
|
|
facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at reasonable hours. |
|
|
(Acts 63rd Leg., R.S., Ch. 539, Sec. 7 (part).) |
|
|
Sec.1019.057.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 63rd Leg., R.S., Ch. 539, Sec. 7 (part).) |
|
|
[Sections 1019.058-1019.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1019.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating all hospital facilities; and |
|
|
(2) providing hospital care for the district's needy |
|
|
inhabitants. (Acts 63rd Leg., R.S., Ch. 539, Sec. 12 (part).) |
|
|
Sec. 1019.102. RESTRICTION ON TAXATION AND DEBT BY OTHER |
|
|
ENTITY. (a) A political subdivision within the district, other |
|
|
than the district, may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district inhabitants. |
|
|
(b) A governmental or other entity inside or outside the |
|
|
district may not impose a tax or issue bonds or other obligations on |
|
|
property in the district for hospital purposes or to provide |
|
|
medical care for district inhabitants. (Acts 63rd Leg., R.S., Ch. |
|
|
539, Sec. 12 (part).) |
|
|
Sec.1019.103.MANAGEMENT AND CONTROL. The board has full |
|
|
management and control of all district business, including the |
|
|
power to: |
|
|
(1) negotiate and contract with any person; |
|
|
(2) purchase or lease land; |
|
|
(3) construct and equip a hospital system; and |
|
|
(4) operate and maintain the hospital. (Acts 63rd |
|
|
Leg., R.S., Ch. 539, Sec. 4 (part).) |
|
|
Sec.1019.104.HOSPITAL SYSTEM. The district shall |
|
|
provide for the establishment of a hospital system to provide |
|
|
medical and hospital care to the district's residents. (Acts 63rd |
|
|
Leg., R.S., Ch. 539, Sec. 2 (part).) |
|
|
Sec.1019.105.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any resident |
|
|
on request. (Acts 63rd Leg., R.S., Ch. 539, Sec. 7 (part).) |
|
|
Sec.1019.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 63rd Leg., R.S., Ch. 539, Sec. 7 |
|
|
(part).) |
|
|
Sec.1019.107.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 63rd Leg., R.S., Ch. 539, Sec. 9.) |
|
|
Sec.1019.108.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 63rd Leg., R.S., Ch. 539, |
|
|
Sec. 14.) |
|
|
Sec.1019.109.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient from Lipscomb County is admitted to a district |
|
|
facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district to handle the |
|
|
inquiry determines that the patient or those relatives cannot pay |
|
|
all or part of the costs of the care and treatment in the hospital, |
|
|
the amount of the costs that cannot be paid becomes a charge against |
|
|
the district. |
|
|
(c) If an agent designated by the district determines that |
|
|
the patient or those relatives are liable to pay for all or part of |
|
|
the costs of the patient's care and treatment, the patient or those |
|
|
relatives shall be ordered to pay the district's treasurer a |
|
|
specified amount each week for the patient's support. The amount |
|
|
ordered must be proportionate to the person's financial ability and |
|
|
may not exceed the actual per capita cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the designated district agent, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) Either party to the dispute may appeal the district's |
|
|
determination to the district court. (Acts 63rd Leg., R.S., Ch. |
|
|
539, Sec. 13.) |
|
|
Sec.1019.110.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court of this state. (Acts 63rd Leg., R.S., Ch. 539, |
|
|
Sec. 16 (part).) |
|
|
[Sections 1019.111-1019.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1019.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 63rd Leg., R.S., Ch. 539, Sec. 8 (part).) |
|
|
Sec.1019.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) The |
|
|
board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in the district not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district resident is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 63rd Leg., R.S., Ch. 539, Sec. 8 (part).) |
|
|
Sec.1019.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 63rd Leg., R.S., Ch. 539, Sec. 8 (part).) |
|
|
Sec.1019.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 each year, the audit shall be |
|
|
filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 63rd Leg., R.S., Ch. |
|
|
539, Sec. 8 (part).) |
|
|
Sec.1019.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank or banks in the district as the |
|
|
district's depository or treasurer. A designated bank serves for |
|
|
two years and until a successor is designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 63rd Leg., R.S., Ch. 539, |
|
|
Secs. 5 (part), 10.) |
|
|
[Sections 1019.156-1019.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1019.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
|
Sec.1019.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) The |
|
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
|
an interest and sinking fund to pay the principal of and interest on |
|
|
general obligation bonds issued by the district under Section |
|
|
1019.201 as the bonds mature. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
|
Sec.1019.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the location of the polling places; |
|
|
(2) the presiding election officers; |
|
|
(3) the purpose of the bond issuance; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum interest rate provided by law. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in the district once each week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 20 days before the date of the |
|
|
election. (Acts 63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
|
Sec.1019.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 63rd Leg., R.S., Ch. 539, |
|
|
Sec. 6 (part).) |
|
|
Sec.1019.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
|
Sec.1019.206.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds in the manner provided by this |
|
|
subchapter to refund outstanding bonds issued or assumed by the |
|
|
district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar amount of outstanding bonds and the unpaid matured interest |
|
|
on the bonds. (Acts 63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
|
[Sections 1019.207-1019.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1019.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued or assumed by the district for hospital purposes; |
|
|
(2) provide for operation and maintenance of the |
|
|
hospital or hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 63rd Leg., R.S., Ch. 539, |
|
|
Secs. 5 (part), 8 (part).) |
|
|
Sec.1019.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 63rd Leg., R.S., Ch. 539, Sec. 5 |
|
|
(part).) |
|
|
Sec.1019.253.TAX ASSESSOR-COLLECTOR. (a) Except as |
|
|
provided by Subsection (b), the tax assessor-collector of Lipscomb |
|
|
County shall assess and collect taxes imposed by the district. |
|
|
(b) By majority vote the board may appoint a district tax |
|
|
assessor-collector under Section 285.041, Health and Safety Code. |
|
|
(Acts 63rd Leg., R.S., Ch. 539, Secs. 5 (part), 8 (part).) |
|
|
CHAPTER 1020. DEAF SMITH COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1020.001. DEFINITIONS |
|
|
Sec. 1020.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1020.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1020.004. DISTRICT TERRITORY |
|
|
Sec. 1020.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1020.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1020.007. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1020.008-1020.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1020.051. BOARD ELECTION; TERM |
|
|
Sec. 1020.052. NOTICE OF ELECTION |
|
|
Sec. 1020.053. BALLOT PETITION |
|
|
Sec. 1020.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1020.055. BOARD VACANCY |
|
|
Sec. 1020.056. OFFICERS |
|
|
Sec. 1020.057. COMPENSATION; EXPENSES |
|
|
Sec. 1020.058. VOTING REQUIREMENT |
|
|
Sec. 1020.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1020.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1020.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1020.062. RECRUITMENT OF MEDICAL STAFF AND |
|
|
EMPLOYEES |
|
|
Sec. 1020.063. CONTINUING EDUCATION; RETRAINING |
|
|
Sec. 1020.064. SENIORITY; RETIREMENT BENEFITS |
|
|
[Sections 1020.065-1020.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1020.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1020.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1020.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1020.104. HOSPITAL SYSTEM |
|
|
Sec. 1020.105. RULES |
|
|
Sec. 1020.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1020.107. PROVISION OF CERTAIN HEALTH SERVICES |
|
|
Sec. 1020.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1020.109. EMINENT DOMAIN |
|
|
Sec. 1020.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1020.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1020.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1020.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR HOSPITALIZATION |
|
|
Sec. 1020.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1020.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1020.116. NONPROFIT CORPORATION |
|
|
Sec. 1020.117. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1020.118-1020.150 reserved for expansion] |
|
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
|
Sec. 1020.151. TERRITORY THAT MAY BE ANNEXED |
|
|
Sec. 1020.152. PETITION TO ANNEX TERRITORY |
|
|
Sec. 1020.153. ELECTION ORDER |
|
|
Sec. 1020.154. BALLOT |
|
|
Sec. 1020.155. NOTICE OF ELECTION |
|
|
Sec. 1020.156. ELECTION RESULTS |
|
|
Sec. 1020.157. EFFECT OF ANNEXATION |
|
|
[Sections 1020.158-1020.200 reserved for expansion] |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1020.201. BUDGET |
|
|
Sec. 1020.202. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1020.203. AMENDMENTS TO BUDGET |
|
|
Sec. 1020.204. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1020.205. FISCAL YEAR |
|
|
Sec. 1020.206. AUDIT |
|
|
Sec. 1020.207. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1020.208. FINANCIAL REPORT |
|
|
Sec. 1020.209. DEPOSITORY |
|
|
Sec. 1020.210. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1020.211-1020.250 reserved for expansion] |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 1020.251. GENERAL OBLIGATION BONDS |
|
|
Sec. 1020.252. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1020.253. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1020.254. REVENUE BONDS |
|
|
Sec. 1020.255. REFUNDING BONDS |
|
|
Sec. 1020.256. MATURITY OF BONDS |
|
|
Sec. 1020.257. EXECUTION OF BONDS |
|
|
Sec. 1020.258. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1020.259-1020.300 reserved for expansion] |
|
|
SUBCHAPTER G. TAXES |
|
|
Sec. 1020.301. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1020.302. TAX RATE |
|
|
Sec. 1020.303. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
|
Sec. 1020.304. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1020.305. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1020.306-1020.350 reserved for expansion] |
|
|
SUBCHAPTER H. DISSOLUTION |
|
|
Sec. 1020.351. DISSOLUTION; ELECTION |
|
|
Sec. 1020.352. BALLOT |
|
|
Sec. 1020.353. ELECTION RESULTS |
|
|
Sec. 1020.354. TRANSFER OF DISTRICT ASSETS |
|
|
CHAPTER 1020. DEAF SMITH COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1020.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Deaf Smith County Hospital |
|
|
District. |
|
|
(4) "Hospital system" includes medical or other health |
|
|
care facilities. (New.) |
|
|
Sec.1020.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution, and has the rights, powers, and duties provided by |
|
|
this chapter. (Acts 62nd Leg., R.S., Ch. 59, Sec. 1 (part).) |
|
|
Sec.1020.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 62nd Leg., R.S., Ch. 59, Sec. 21 (part).) |
|
|
Sec.1020.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Deaf Smith County, |
|
|
Texas, unless the boundaries are expanded under Subchapter D. |
|
|
(Acts 62nd Leg., R.S., Ch. 59, Secs. 1 (part), 1A (part).) |
|
|
Sec.1020.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 62nd Leg., R.S., Ch. 59, Sec. 23 (part).) |
|
|
Sec. 1020.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 62nd |
|
|
Leg., R.S., Ch. 59, Sec. 20 (part).) |
|
|
Sec.1020.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 20 (part).) |
|
|
[Sections 1020.008-1020.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1020.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of seven directors elected from the district at |
|
|
large. |
|
|
(b) Directors serve staggered three-year terms. |
|
|
(c) An election shall be held on the uniform election date |
|
|
in May of each year to elect the appropriate number of directors. |
|
|
(Acts 62nd Leg., R.S., Ch. 59, Secs. 4(a), (b) (part); Acts 77th |
|
|
Leg., R.S., Ch. 110, Sec. 5(d).) |
|
|
Sec.1020.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper of general circulation in the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 59, Sec. 4(b) (part).) |
|
|
Sec.1020.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 25 registered voters; and |
|
|
(2) filed at least 30 days before the date of the |
|
|
election. (Acts 62nd Leg., R.S., Ch. 59, Sec. 4(b) (part).) |
|
|
Sec.1020.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not serve as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; or |
|
|
(2) a district employee. (Acts 62nd Leg., R.S., Ch. |
|
|
59, Sec. 4(c) (part).) |
|
|
Sec.1020.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors by majority vote shall |
|
|
appoint a director for the unexpired term. (Acts 62nd Leg., R.S., |
|
|
Ch. 59, Sec. 4(b) (part).) |
|
|
Sec.1020.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 62nd Leg., R.S., Ch. 59, Sec. 4(d) (part).) |
|
|
Sec.1020.057.COMPENSATION; EXPENSES. 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. (Acts 62nd Leg., R.S., Ch. |
|
|
59, Sec. 4(d) (part).) |
|
|
Sec.1020.058.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 62nd Leg., R.S., Ch. 59, Sec. 4(d) (part).) |
|
|
Sec. 1020.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 5 (part).) |
|
|
Sec.1020.060.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 affairs of the district. (Acts 62nd |
|
|
Leg., R.S., Ch. 59, Sec. 5 (part).) |
|
|
Sec.1020.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 62nd Leg., R.S., Ch. 59, Secs. 5 (part), 16.) |
|
|
Sec.1020.062.RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
|
(a) The district may spend district money, enter into agreements, |
|
|
or take other action it considers appropriate to recruit |
|
|
physicians, nurses, and other trained medical personnel, |
|
|
including: |
|
|
(1) advertising and marketing; |
|
|
(2) paying travel, recruitment, and relocation |
|
|
expenses; |
|
|
(3) providing and subsidizing office space or other |
|
|
facilities for a health care professional, including a physician |
|
|
who agrees to render services in the district or to serve as a |
|
|
district employee; and |
|
|
(4) subsidizing the income of a health care |
|
|
professional, including a physician who agrees to render services |
|
|
in the district. |
|
|
(b) The district may pay the tuition or other expenses of a |
|
|
full-time medical, allied health professional, or nursing student |
|
|
who: |
|
|
(1) is enrolled in and is in good standing at an |
|
|
accredited school, college, or university; and |
|
|
(2) contractually agrees to render services to the |
|
|
district or become a district employee in return for that |
|
|
assistance. (Acts 62nd Leg., R.S., Ch. 59, Secs. 5A(a), (b).) |
|
|
Sec.1020.063.CONTINUING EDUCATION; RETRAINING. The board |
|
|
may spend district money for continuing education and retraining of |
|
|
employees. (Acts 62nd Leg., R.S., Ch. 59, Sec. 5A(c).) |
|
|
Sec.1020.064.SENIORITY; RETIREMENT BENEFITS. The board |
|
|
may: |
|
|
(1) adopt rules related to the seniority of district |
|
|
employees, including rules for a retirement plan based on |
|
|
seniority; and |
|
|
(2) give effect to previous years of service for |
|
|
district employees continuously employed in the operation or |
|
|
management of the hospital, medical, or other health care |
|
|
facilities: |
|
|
(A) constructed by the district; or |
|
|
(B) acquired by the district, including |
|
|
facilities acquired when the district was created. (Acts 62nd |
|
|
Leg., R.S., Ch. 59, Sec. 5 (part).) |
|
|
[Sections 1020.065-1020.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1020.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing hospital care for the district's |
|
|
indigent residents. (Acts 62nd Leg., R.S., Ch. 59, Sec. 19 (part).) |
|
|
Sec. 1020.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital, medical, or health care purposes or to provide |
|
|
medical care. (Acts 62nd Leg., R.S., Ch. 59, Sec. 19 (part).) |
|
|
Sec.1020.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 62nd Leg., R.S., Ch. |
|
|
59, Sec. 5 (part).) |
|
|
Sec.1020.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) facilities for domiciliary care of the sick, |
|
|
injured, or geriatric; |
|
|
(2) facilities for outpatient clinics; |
|
|
(3) physicians' offices; |
|
|
(4) dispensaries; |
|
|
(5) convalescent home facilities; |
|
|
(6) necessary nurses' domiciliaries and training |
|
|
centers; |
|
|
(7) blood banks; |
|
|
(8) research centers or laboratories; and |
|
|
(9) any other facilities the board considers necessary |
|
|
for hospital care. (Acts 62nd Leg., R.S., Ch. 59, Secs. 2 (part), 9 |
|
|
(part).) |
|
|
Sec.1020.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 59, Sec. |
|
|
5 (part).) |
|
|
Sec.1020.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 62nd |
|
|
Leg., R.S., Ch. 59, Sec. 10 (part).) |
|
|
Sec.1020.107.PROVISION OF CERTAIN HEALTH SERVICES. The |
|
|
district may operate or provide for the operation of: |
|
|
(1) a mobile emergency medical service; or |
|
|
(2) home health services, long-term care, skilled |
|
|
nursing care, intermediate nursing care, or hospice care. (Acts |
|
|
62nd Leg., R.S., Ch. 59, Sec. 9 (part).) |
|
|
Sec. 1020.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities for hospital, medical, or health |
|
|
care purposes on terms considered to be in the best interest of the |
|
|
district's inhabitants. The term of the lease may not exceed 25 |
|
|
years. |
|
|
(c) The district may acquire or lease equipment for use in |
|
|
the district's hospital system and mortgage or pledge acquired |
|
|
equipment as security for the payment of the purchase price. A |
|
|
contract or lease entered into under this subsection must provide |
|
|
that the entire obligation be retired not later than the fifth |
|
|
anniversary of the date of the contract or lease. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. The board may not sell |
|
|
or dispose of any real property unless the board affirmatively |
|
|
finds that the property is not needed for the operation of the |
|
|
hospital system. (Acts 62nd Leg., R.S., Ch. 59, Secs. 9 (part), 10 |
|
|
(part).) |
|
|
Sec.1020.109.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary for the district to exercise |
|
|
a power, right, or privilege conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 62nd Leg., R.S., Ch. 59, Sec. 14.) |
|
|
Sec.1020.110.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 59, Sec. |
|
|
18 (part).) |
|
|
Sec.1020.111.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that requires the expenditure of more than the amount |
|
|
provided by Section 271.024, Local Government Code, may be made |
|
|
only after competitive bidding as provided by Subchapter B, Chapter |
|
|
271, Local Government Code. (Acts 62nd Leg., R.S., Ch. 59, Sec. 10 |
|
|
(part).) |
|
|
Sec.1020.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 62nd Leg., R.S., Ch. 59, Sec. 9 |
|
|
(part).) |
|
|
Sec. 1020.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
HOSPITALIZATION. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the |
|
|
hospitalization of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the hospitalization of a sick or injured person. (Acts |
|
|
62nd Leg., R.S., Ch. 59, Sec. 5 (part).) |
|
|
Sec. 1020.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory or other services for the hospital or welfare |
|
|
needs of district inhabitants. (Acts 62nd Leg., R.S., Ch. 59, Sec. |
|
|
5 (part).) |
|
|
Sec.1020.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) The final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 62nd Leg., R.S., Ch. 59, Sec. 17.) |
|
|
Sec.1020.116.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. |
|
|
(a-1) On or before December 31, 2009, the district may |
|
|
create and sponsor a nonprofit corporation under the Texas |
|
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
|
applicable, and may contribute money to or solicit money for the |
|
|
corporation. |
|
|
(b) A corporation may use money, other than money the |
|
|
corporation pays to 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. |
|
|
(e) This subsection and Subsection (a-1) expire December |
|
|
31, 2009. (Acts 62nd Leg., R.S., Ch. 59, Sec. 5B.) |
|
|
Sec.1020.117.AUTHORITY TO SUE AND BE SUED. (a) The |
|
|
district, through the board, may sue and be sued. |
|
|
(b) The district is entitled to all causes of action and |
|
|
defenses to which similar authorities performing only governmental |
|
|
functions are entitled. (Acts 62nd Leg., R.S., Ch. 59, Sec. 5 |
|
|
(part).) |
|
|
[Sections 1020.118-1020.150 reserved for expansion] |
|
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
|
Sec.1020.151.TERRITORY THAT MAY BE ANNEXED. (a) The |
|
|
district may annex territory that is not located in: |
|
|
(1) Deaf Smith County; |
|
|
(2) the boundaries of another hospital district; or |
|
|
(3) the proposed boundaries of another hospital |
|
|
district authorized by the legislature under Section 9, Article IX, |
|
|
Texas Constitution. |
|
|
(b) Territory may be annexed in one or more tracts. Each |
|
|
tract must be contiguous to: |
|
|
(1) the district; or |
|
|
(2) territory proposed to be annexed to the district. |
|
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 1A (part).) |
|
|
Sec.1020.152.PETITION TO ANNEX TERRITORY. (a) A petition |
|
|
requesting that territory be annexed to the district may be |
|
|
presented to the board. The petition must: |
|
|
(1) describe the tract or tracts of land to be annexed; |
|
|
and |
|
|
(2) be signed by 100 or a majority of the registered |
|
|
voters who: |
|
|
(A) reside in the territory to be annexed; and |
|
|
(B) own property that will be subject to district |
|
|
taxation if the territory is annexed. |
|
|
(b) This chapter does not prohibit simultaneous action on |
|
|
several petitions for annexation. Each ballot proposition must be |
|
|
submitted for each different territory proposed to be annexed, and |
|
|
an election held in each territory represented by a petition. |
|
|
(c) If the board receives two or more petitions for |
|
|
annexation that include all or part of the same territory to be |
|
|
annexed to the district, the petition filed first with the board |
|
|
shall be considered and another petition that includes any of the |
|
|
same territory has no effect. |
|
|
(d) The board may consider all petitions for annexation |
|
|
presented to it and may approve or reject each petition. The board |
|
|
may not partly approve or partly reject any petition. (Acts 62nd |
|
|
Leg., R.S., Ch. 59, Sec. 1A (part).) |
|
|
Sec.1020.153.ELECTION ORDER. (a) If, on receipt of a |
|
|
petition, the board finds that annexing the territory is in the |
|
|
district's best interest, the board shall within 90 days of the |
|
|
board's finding: |
|
|
(1) approve the annexation of the territory described |
|
|
in the petition; and |
|
|
(2) order an election on the question of annexing the |
|
|
territory to the district. |
|
|
(b) The election order shall provide for a separate |
|
|
election: |
|
|
(1) in the territory proposed to be annexed; and |
|
|
(2) in the district. |
|
|
(c) The election order shall provide for clerks as in county |
|
|
elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the form of ballot; and |
|
|
(4) the presiding judge and alternate judge for each |
|
|
polling place. |
|
|
(d) The election order may provide that: |
|
|
(1) the entire district is one election precinct; or |
|
|
(2) the county election precincts be combined for the |
|
|
election. (Acts 62nd Leg., R.S., Ch. 59, Secs. 1A (part), 3(a) |
|
|
(part).) |
|
|
Sec.1020.154.BALLOT. The ballot for the election shall be |
|
|
printed to permit voting for or against the proposition: "The |
|
|
establishment of the Deaf Smith County Hospital District with |
|
|
extended boundaries and establishment of a hospital district tax at |
|
|
a rate not to exceed 50 cents on the $100 valuation on all taxable |
|
|
property in the extended boundaries of the hospital district that |
|
|
is subject to hospital district taxation for hospital purposes." |
|
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 1A (part).) |
|
|
Sec.1020.155.NOTICE OF ELECTION. (a) Notice of the |
|
|
election shall be given by publishing once a week for two |
|
|
consecutive weeks a substantial copy of the election order in a |
|
|
newspaper or newspapers that individually or collectively have |
|
|
general circulation in the county or district. |
|
|
(b) The first publication must appear at least 30 days |
|
|
before the date of the election. (Acts 62nd Leg., R.S., Ch. 59, |
|
|
Secs. 1A (part), 3(a) (part).) |
|
|
Sec.1020.156.ELECTION RESULTS. (a) Territory may not be |
|
|
annexed to the district unless: |
|
|
(1) an election is held in accordance with this |
|
|
subchapter; and |
|
|
(2) the annexation is approved by a majority of the |
|
|
voters voting in the election in: |
|
|
(A) the district; and |
|
|
(B) the territory proposed to be annexed. |
|
|
(b) If the territory is annexed to the district, a certified |
|
|
copy of the order canvassing the returns of the election shall be |
|
|
filed and recorded in the deed records of each county in which the |
|
|
district is located following the annexation election. |
|
|
(c) An election may not be held under this subchapter |
|
|
within six months of an election previously held under this |
|
|
subchapter. (Acts 62nd Leg., R.S., Ch. 59, Secs. 1A (part), 3(a) |
|
|
(part).) |
|
|
Sec.1020.157.EFFECT OF ANNEXATION. (a) Territory |
|
|
annexed to the district is part of the district for all purposes. |
|
|
(b) The annexation of territory to the district does not |
|
|
change the manner in which the board or district officers are |
|
|
selected. (Acts 62nd Leg., R.S., Ch. 59, Sec. 1A (part).) |
|
|
[Sections 1020.158-1020.200 reserved for expansion] |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1020.201.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; |
|
|
(7) the estimated tax rate required; and |
|
|
(8) the proposed expenditures and disbursements and |
|
|
the estimated receipts and collections for the following fiscal |
|
|
year. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
|
Sec.1020.202.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) At least 10 days before the date of the hearing, notice |
|
|
of the hearing shall be published one time in a newspaper or |
|
|
newspapers that individually or collectively have general |
|
|
circulation in the district. |
|
|
(c) Any property taxpayer of the district is entitled to be |
|
|
present and participate at the hearing in accordance with the rules |
|
|
of decorum and procedures prescribed by the board. |
|
|
(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 any changes in the proposed |
|
|
budget that the board judges to be in the interest of the taxpayers |
|
|
and that the law warrants. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 |
|
|
(part).) |
|
|
Sec.1020.203.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
|
Sec.1020.204.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
|
Sec.1020.205.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed more than once in a |
|
|
24-month period. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
|
Sec.1020.206.AUDIT. (a) The board shall have an |
|
|
independent audit made of the district's financial condition for |
|
|
the fiscal year. |
|
|
(b) As soon as the audit is completed, the audit shall be |
|
|
filed at the district's office. (Acts 62nd Leg., R.S., Ch. 59, Sec. |
|
|
6 (part).) |
|
|
Sec.1020.207.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 62nd Leg., R.S., Ch. 59, |
|
|
Sec. 6 (part).) |
|
|
Sec.1020.208.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
|
Sec.1020.209.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1020.210, 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. (Acts 62nd Leg., |
|
|
R.S., Ch. 59, Sec. 11.) |
|
|
Sec.1020.210.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Section 1020.108(c) and Subchapter F, the |
|
|
district may not incur an obligation payable from district revenue |
|
|
other than the revenue on hand or to be on hand in the current and |
|
|
following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 59, Secs. 5 |
|
|
(part), 10 (part).) |
|
|
[Sections 1020.211-1020.250 reserved for expansion] |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec.1020.251.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital, |
|
|
medical, or health care purposes. (Acts 62nd Leg., R.S., Ch. 59, |
|
|
Sec. 7 (part).) |
|
|
Sec.1020.252.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1020.251, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
tax rate approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 62nd Leg., R.S., Ch. 59, Sec. 7 |
|
|
(part).) |
|
|
Sec.1020.253.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum maturity of the bonds; and |
|
|
(6) the maximum interest rate of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 59, |
|
|
Sec. 7 (part).) |
|
|
Sec.1020.254.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital, medical, or health |
|
|
care purposes; or |
|
|
(2) acquire sites to be used for hospital, medical, or |
|
|
health care purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospital or medical or health care facilities. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
62nd Leg., R.S., Ch. 59, Sec. 8(b) (part).) |
|
|
Sec.1020.255.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 62nd |
|
|
Leg., R.S., Ch. 59, Secs. 8(a) (part), (b) (part).) |
|
|
Sec.1020.256.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
62nd Leg., R.S., Ch. 59, Sec. 8(c) (part).) |
|
|
Sec.1020.257.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute district bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 62nd Leg., |
|
|
R.S., Ch. 59, Sec. 8(c) (part).) |
|
|
Sec.1020.258.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 62nd |
|
|
Leg., R.S., Ch. 59, Sec. 21 (part).) |
|
|
[Sections 1020.259-1020.300 reserved for expansion] |
|
|
SUBCHAPTER G. TAXES |
|
|
Sec.1020.301.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds or other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 59, |
|
|
Secs. 12 (part), 15(a) (part).) |
|
|
Sec.1020.302.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 50 cents on each $100 valuation of the |
|
|
taxable property in the district, unless the tax rate is increased |
|
|
as provided by Section 1020.303. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 62nd |
|
|
Leg., R.S., Ch. 59, Secs. 3(b) (part), 12 (part).) |
|
|
Sec.1020.303.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
|
The board may order an election to increase the district's maximum |
|
|
tax rate to a rate not to exceed 75 cents on each $100 valuation of |
|
|
taxable property in the district. |
|
|
(b) The maximum tax rate may not be increased unless the |
|
|
increase is approved by a majority of the district voters voting in |
|
|
an election held for that purpose. |
|
|
(c) An election held under this section must be ordered and |
|
|
notice must be given in the manner provided for a bond election |
|
|
under Subchapter F. |
|
|
(d) The election order must specify: |
|
|
(1) the ballot proposition; |
|
|
(2) the proposed maximum tax rate; |
|
|
(3) the time of the election; |
|
|
(4) the location of the polling places; and |
|
|
(5) the presiding judge for each polling place. (Acts |
|
|
62nd Leg., R.S., Ch. 59, Sec. 3(d).) |
|
|
Sec. 1020.304. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1020.305. |
|
|
(b) The tax assessor-collector of Deaf Smith County shall |
|
|
assess and collect taxes imposed by the district. (Acts 62nd Leg., |
|
|
R.S., Ch. 59, Secs. 15(a) (part), (b) (part).) |
|
|
Sec. 1020.305. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by a similar resolution. |
|
|
(b) The district tax assessor-collector must: |
|
|
(1) reside in the district; and |
|
|
(2) own real property subject to district taxation. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the terms of employment; and |
|
|
(2) compensation. (Acts 62nd Leg., R.S., Ch. 59, |
|
|
Secs. 15(a) (part), (c) (part).) |
|
|
[Sections 1020.306-1020.350 reserved for expansion] |
|
|
SUBCHAPTER H. DISSOLUTION |
|
|
Sec.1020.351.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved as provided by this subchapter. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and transferring the district's assets and |
|
|
obligations to Deaf Smith County. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by at least 50 |
|
|
registered voters in the district. |
|
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 62nd Leg., R.S., Ch. 59, |
|
|
Secs. 19A(a), (b), (c) (part).) |
|
|
Sec.1020.352.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Deaf Smith County Hospital |
|
|
District and the transfer of the existing district assets to and the |
|
|
assumption of debts and bond obligations by Deaf Smith County." |
|
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 19A(d) (part).) |
|
|
Sec.1020.353.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in the election favor dissolution and transfer of the |
|
|
district's assets and obligations, the board shall: |
|
|
(1) find that the district is dissolved; and |
|
|
(2) transfer the district's assets and obligations to |
|
|
Deaf Smith County as provided by Section 1020.354. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution and transfer of the district's assets and obligations, |
|
|
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 at which |
|
|
voters disapproved the proposition. (Acts 62nd Leg., R.S., Ch. 59, |
|
|
Sec. 19A(e).) |
|
|
Sec.1020.354.TRANSFER OF DISTRICT ASSETS. (a) If a |
|
|
majority of the votes in an election held under this subchapter |
|
|
favor dissolution and transfer of the district's assets and |
|
|
obligations, the board shall transfer to Deaf Smith County the |
|
|
land, buildings, improvements, equipment, and other assets that |
|
|
belong to the district. |
|
|
(b) Deaf Smith County assumes all debts and obligations of |
|
|
the district at the time of the transfer. (Acts 62nd Leg., R.S., |
|
|
Ch. 59, Sec. 19A(f).) |
|
|
CHAPTER 1021. DONLEY COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1021.001. DEFINITIONS |
|
|
Sec. 1021.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1021.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1021.004. DISTRICT TERRITORY |
|
|
Sec. 1021.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1021.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1021.007. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1021.008-1021.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1021.051. BOARD ELECTION; TERM |
|
|
Sec. 1021.052. NOTICE OF RUNOFF ELECTION |
|
|
Sec. 1021.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1021.054. BOND |
|
|
Sec. 1021.055. BOARD VACANCY |
|
|
Sec. 1021.056. OFFICERS |
|
|
Sec. 1021.057. COMPENSATION; EXPENSES |
|
|
Sec. 1021.058. VOTING REQUIREMENT |
|
|
Sec. 1021.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
DISTRICT ADMINISTRATORS |
|
|
Sec. 1021.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1021.061. APPOINTMENT AND DISMISSAL OF STAFF AND |
|
|
EMPLOYEES |
|
|
Sec. 1021.062. SENIORITY; RETIREMENT BENEFITS |
|
|
[Sections 1021.063-1021.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1021.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1021.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1021.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1021.104. HOSPITAL SYSTEM |
|
|
Sec. 1021.105. RULES |
|
|
Sec. 1021.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1021.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1021.108. EMINENT DOMAIN |
|
|
Sec. 1021.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1021.110. CONSTRUCTION OR PURCHASE CONTRACTS |
|
|
Sec. 1021.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1021.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR HOSPITAL TREATMENT |
|
|
Sec. 1021.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1021.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1021.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1021.116-1021.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1021.151. BUDGET |
|
|
Sec. 1021.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1021.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1021.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1021.155. FISCAL YEAR |
|
|
Sec. 1021.156. AUDIT |
|
|
Sec. 1021.157. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1021.158. FINANCIAL REPORT |
|
|
Sec. 1021.159. DEPOSITORY |
|
|
Sec. 1021.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1021.161-1021.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1021.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1021.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1021.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1021.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1021.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1021.206. REVENUE BONDS |
|
|
Sec. 1021.207. REFUNDING BONDS |
|
|
Sec. 1021.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1021.209-1021.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1021.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1021.252. TAX RATE |
|
|
Sec. 1021.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1021.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1021. DONLEY COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1021.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Donley County Hospital |
|
|
District. (New.) |
|
|
Sec.1021.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution. (Acts 61st Leg., R.S., Ch. 699, Sec. 1 (part).) |
|
|
Sec.1021.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 61st Leg., R.S., Ch. 699, Sec. 20 (part).) |
|
|
Sec.1021.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Donley County, |
|
|
Texas. (Acts 61st Leg., R.S., Ch. 699, Sec. 1 (part).) |
|
|
Sec.1021.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 61st Leg., R.S., Ch. 699, Sec. 21 (part).) |
|
|
Sec. 1021.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 61st |
|
|
Leg., R.S., Ch. 699, Sec. 19 (part).) |
|
|
Sec.1021.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 61st Leg., R.S., Ch. 699, Sec. 19 (part).) |
|
|
[Sections 1021.008-1021.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1021.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected from the district by position. |
|
|
To be elected, a candidate must receive a majority of the votes cast |
|
|
in the election for that position. |
|
|
(b) The official ballot must indicate the position number of |
|
|
each office to be voted on at the election. |
|
|
(c) A candidate may run for only one position at each |
|
|
election. |
|
|
(d) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) the terms of directors elected to positions 1 |
|
|
through 3 expire in odd-numbered years and the terms of directors |
|
|
elected to positions 4 through 7 expire in even-numbered years. |
|
|
(Acts 61st Leg., R.S., Ch. 699, Sec. 3(c) (part).) |
|
|
Sec.1021.052.NOTICE OF RUNOFF ELECTION. At least seven |
|
|
days before the date of a runoff election of directors, notice of |
|
|
the runoff election shall be published one time in a newspaper of |
|
|
general circulation in Donley County. (Acts 61st Leg., R.S., Ch. |
|
|
699, Sec. 3(c) (part).) |
|
|
Sec.1021.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; |
|
|
(2) a freeholder; and |
|
|
(3) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; |
|
|
(2) a district employee; or |
|
|
(3) a hospital staff member. (Acts 61st Leg., R.S., |
|
|
Ch. 699, Sec. 3(d).) |
|
|
Sec.1021.054.BOND. (a) Each director shall execute a |
|
|
good and sufficient bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for the directors' bonds. (Acts |
|
|
61st Leg., R.S., Ch. 699, Sec. 3(c) (part).) |
|
|
Sec.1021.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the board shall appoint a director for the |
|
|
unexpired term. (Acts 61st Leg., R.S., Ch. 699, Sec. 3(c) (part).) |
|
|
Sec.1021.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 61st Leg., R.S., Ch. 699, Sec. 3(e) (part).) |
|
|
Sec.1021.057.COMPENSATION; EXPENSES. 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. (Acts 61st Leg., R.S., Ch. |
|
|
699, Sec. 3(e) (part).) |
|
|
Sec.1021.058.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 61st Leg., R.S., Ch. 699, Sec. 3(e) (part).) |
|
|
Sec. 1021.059. DISTRICT ADMINISTRATOR; ASSISTANT DISTRICT |
|
|
ADMINISTRATORS. (a) The board may appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint one or more assistant |
|
|
administrators. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 61st Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
|
Sec.1021.060.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 affairs of the district. (Acts 61st |
|
|
Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
|
Sec. 1021.061. APPOINTMENT AND DISMISSAL OF STAFF AND |
|
|
EMPLOYEES. (a) The board may appoint to or dismiss from the staff |
|
|
any doctors the board considers necessary for the efficient |
|
|
operation of the district and may make temporary appointments as |
|
|
necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 61st Leg., R.S., Ch. 699, Secs. 4 (part), 15.) |
|
|
Sec.1021.062.SENIORITY; RETIREMENT BENEFITS. The board |
|
|
may: |
|
|
(1) adopt rules related to the seniority of district |
|
|
employees, including rules for a retirement plan based on |
|
|
seniority; and |
|
|
(2) give effect to previous years of service for |
|
|
district employees continuously employed in the operation or |
|
|
management of hospital facilities acquired or constructed by the |
|
|
district. (Acts 61st Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
|
[Sections 1021.063-1021.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1021.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating all hospital facilities for |
|
|
providing medical and hospital care for the district's needy |
|
|
inhabitants. (Acts 61st Leg., R.S., Ch. 699, Sec. 18 (part).) |
|
|
Sec. 1021.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district or that has the same boundaries as the district may not |
|
|
impose a tax or issue bonds or other obligations for hospital |
|
|
purposes or to provide medical care. (Acts 61st Leg., R.S., Ch. |
|
|
699, Sec. 18 (part).) |
|
|
Sec.1021.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 61st Leg., R.S., Ch. |
|
|
699, Sec. 4 (part).) |
|
|
Sec.1021.104.HOSPITAL SYSTEM. The hospital system, as |
|
|
determined by the board, may include: |
|
|
(1) facilities for domiciliary care of the sick, |
|
|
injured, or geriatric; |
|
|
(2) facilities for outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses centers; |
|
|
(6) research centers or laboratories; |
|
|
(7) nursing homes or similar facilities for the care |
|
|
of the elderly; and |
|
|
(8) any other facilities the board considers necessary |
|
|
for hospital care. (Acts 61st Leg., R.S., Ch. 699, Sec. 8 (part).) |
|
|
Sec.1021.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Sec. 4 (part).) |
|
|
Sec.1021.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 61st |
|
|
Leg., R.S., Ch. 699, Sec. 9 (part).) |
|
|
Sec. 1021.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may contract with the Health and Human |
|
|
Services Commission to lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. (Acts 61st Leg., |
|
|
R.S., Ch. 699, Secs. 8 (part), 9 (part).) |
|
|
Sec.1021.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary for the district to exercise |
|
|
a power, right, or privilege conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 61st Leg., R.S., Ch. 699, Sec. |
|
|
13.) |
|
|
Sec.1021.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Sec. 17.) |
|
|
Sec.1021.110.CONSTRUCTION OR PURCHASE CONTRACTS. A |
|
|
construction or purchase contract that involves the expenditure of |
|
|
more than $2,000 may be made only after advertising in the manner |
|
|
provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
|
Government Code. (Acts 61st Leg., R.S., Ch. 699, Sec. 9 (part).) |
|
|
Sec.1021.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 61st Leg., R.S., Ch. 699, Sec. 8 |
|
|
(part).) |
|
|
Sec. 1021.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
HOSPITAL TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the |
|
|
hospitalization of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the hospital treatment of a sick or injured person. |
|
|
(Acts 61st Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
|
Sec. 1021.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory or other services as to the hospital or |
|
|
welfare needs of district inhabitants. (Acts 61st Leg., R.S., Ch. |
|
|
699, Sec. 4 (part).) |
|
|
Sec.1021.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) The final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 61st Leg., R.S., Ch. 699, Sec. 16.) |
|
|
Sec.1021.115.AUTHORITY TO SUE AND BE SUED. (a) The |
|
|
district, through the board, may sue and be sued. |
|
|
(b) The district is entitled to all causes of action and |
|
|
defenses to which similar authorities are entitled. (Acts 61st |
|
|
Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
|
[Sections 1021.116-1021.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1021.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; |
|
|
(7) the estimated tax rate required; and |
|
|
(8) the proposed expenditures and disbursements and |
|
|
the estimated receipts and collections for the following fiscal |
|
|
year. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
|
Sec.1021.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) At least 10 days before the date of the hearing, notice |
|
|
of the hearing shall be published one time in a newspaper or |
|
|
newspapers that individually or collectively have general |
|
|
circulation in the district. |
|
|
(c) Any property taxpayer of the district 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 any changes in the proposed |
|
|
budget that the board judges to be in the interest of the taxpayers |
|
|
and that the law warrants. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 |
|
|
(part).) |
|
|
Sec.1021.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
|
Sec.1021.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
|
Sec.1021.155.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on July 1 and ends on June 30. (Acts 61st |
|
|
Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
|
Sec.1021.156.AUDIT. (a) The district shall have an |
|
|
independent audit made of the district's financial condition for |
|
|
the fiscal year. |
|
|
(b) As soon as the audit is completed, the audit shall be |
|
|
filed at the district's office. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Sec. 5 (part).) |
|
|
Sec.1021.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Sec. 5 (part).) |
|
|
Sec.1021.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
|
Sec.1021.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks in the district to serve as a depository for district |
|
|
money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1021.160(b) and money transmitted to a bank for payment of |
|
|
bonds or obligations issued by the district, shall be deposited as |
|
|
received with the depository bank and shall remain on deposit. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. (Acts 61st Leg., |
|
|
R.S., Ch. 699, Sec. 10.) |
|
|
Sec.1021.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Section 1021.107(c) and by Subchapter E, the |
|
|
district may not incur an obligation payable from district revenue |
|
|
other than the revenue on hand or to be on hand in the current and |
|
|
following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building fund reserves only in funds or securities specified by |
|
|
Chapter 2256, Government Code. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Secs. 4 (part), 9 (part).) |
|
|
[Sections 1021.161-1021.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1021.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 61st Leg., R.S., Ch. 699, Sec. 6(a) (part).) |
|
|
Sec.1021.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1021.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
tax rate approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 61st Leg., R.S., Ch. 699, Sec. 6(a) |
|
|
(part).) |
|
|
Sec.1021.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum interest rate of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Sec. 6(a) (part).) |
|
|
Sec.1021.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Sec. 6(d) (part).) |
|
|
Sec.1021.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 61st Leg., |
|
|
R.S., Ch. 699, Sec. 6(d) (part).) |
|
|
Sec.1021.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for the district's hospital |
|
|
system facilities; or |
|
|
(2) acquire sites to be used for the district's |
|
|
hospital system facilities. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be used in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
61st Leg., R.S., Ch. 699, Sec. 7 (part).) |
|
|
Sec.1021.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) Refunding bonds may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 61st |
|
|
Leg., R.S., Ch. 699, Secs. 6(a) (part), (c) (part), 7 (part).) |
|
|
Sec.1021.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 61st |
|
|
Leg., R.S., Ch. 699, Sec. 20 (part).) |
|
|
[Sections 1021.209-1021.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1021.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds and other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Secs. 2(b) (part), 11 (part).) |
|
|
Sec.1021.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 61st |
|
|
Leg., R.S., Ch. 699, Secs. 2(b) (part), 11 (part).) |
|
|
Sec. 1021.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1021.254. |
|
|
(b) The tax assessor-collector of Donley County shall |
|
|
assess and collect taxes imposed by the district. (Acts 61st Leg., |
|
|
R.S., Ch. 699, Sec. 14 (part).) |
|
|
Sec. 1021.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by a similar resolution. |
|
|
(b) The district tax assessor-collector must: |
|
|
(1) reside in the district; and |
|
|
(2) own real property subject to district taxation. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the terms of employment; and |
|
|
(2) compensation. (Acts 61st Leg., R.S., Ch. 699, |
|
|
Sec. 14 (part).) |
|
|
CHAPTER 1022. EAST COKE COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1022.001. DEFINITIONS |
|
|
Sec. 1022.002. AUTHORITY FOR CREATION |
|
|
Sec. 1022.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1022.004. DISTRICT TERRITORY |
|
|
Sec. 1022.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1022.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1022.007. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1022.008-1022.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1022.051. BOARD ELECTION; TERM |
|
|
Sec. 1022.052. NOTICE OF ELECTION |
|
|
Sec. 1022.053. BALLOT PETITION |
|
|
Sec. 1022.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1022.055. BOND |
|
|
Sec. 1022.056. BOARD VACANCY |
|
|
Sec. 1022.057. OFFICERS |
|
|
Sec. 1022.058. COMPENSATION; EXPENSES |
|
|
Sec. 1022.059. VOTING REQUIREMENT |
|
|
Sec. 1022.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1022.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1022.062. EMPLOYEES; APPOINTMENT AND DISMISSAL OF |
|
|
STAFF; CONTRACT WITH DOCTORS |
|
|
Sec. 1022.063. INDEPENDENT CONTRACTS |
|
|
Sec. 1022.064. SENIORITY; RETIREMENT BENEFITS |
|
|
[Sections 1022.065-1022.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1022.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1022.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1022.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1022.104. HOSPITAL SYSTEM |
|
|
Sec. 1022.105. RULES |
|
|
Sec. 1022.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1022.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1022.108. EMINENT DOMAIN |
|
|
Sec. 1022.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1022.110. CONSTRUCTION OR PURCHASE CONTRACTS |
|
|
Sec. 1022.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1022.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1022.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1022.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1022.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1022.116-1022.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1022.151. BUDGET |
|
|
Sec. 1022.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1022.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1022.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1022.155. FISCAL YEAR |
|
|
Sec. 1022.156. AUDIT |
|
|
Sec. 1022.157. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1022.158. FINANCIAL REPORT |
|
|
Sec. 1022.159. DEPOSITORY |
|
|
Sec. 1022.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1022.161-1022.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1022.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1022.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1022.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1022.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1022.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1022.206. REVENUE BONDS |
|
|
Sec. 1022.207. REFUNDING BONDS |
|
|
Sec. 1022.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1022.209-1022.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1022.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1022.252. TAX RATE |
|
|
Sec. 1022.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1022.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1022. EAST COKE COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1022.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the East Coke County Hospital |
|
|
District. (New.) |
|
|
Sec.1022.002.AUTHORITY FOR CREATION. The district is |
|
|
created under the authority of Section 9, Article IX, Texas |
|
|
Constitution. (Acts 61st Leg., R.S., Ch. 444, Sec. 1.) |
|
|
Sec.1022.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 61st Leg., R.S., Ch. 444, Sec. 22 (part).) |
|
|
Sec.1022.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of County |
|
|
Commissioners Precincts 2 and 4 of Coke County, Texas, as those |
|
|
boundaries existed on April 16, 1969. (Acts 61st Leg., R.S., Ch. |
|
|
444, Sec. 2.) |
|
|
Sec.1022.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 61st Leg., R.S., Ch. 444, Sec. 23 (part).) |
|
|
Sec. 1022.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Sec. 21 (part).) |
|
|
Sec.1022.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 61st Leg., R.S., Ch. 444, Sec. 21 (part).) |
|
|
[Sections 1022.008-1022.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1022.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of five directors elected from the district at large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(a) (part).) |
|
|
Sec.1022.052.NOTICE OF ELECTION. At least 30 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper or newspapers that |
|
|
individually or collectively have general circulation in the |
|
|
district. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(a) (part).) |
|
|
Sec.1022.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 10 qualified property taxpaying |
|
|
voters; and |
|
|
(2) filed at least 10 days before the date of the |
|
|
election. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(a) (part).) |
|
|
Sec.1022.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; |
|
|
(2) a freeholder; and |
|
|
(3) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; |
|
|
(2) a district employee; or |
|
|
(3) a hospital staff member. (Acts 61st Leg., R.S., |
|
|
Ch. 444, Sec. 5(b).) |
|
|
Sec.1022.055.BOND. (a) Each director shall execute a |
|
|
good and sufficient bond for $10,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for the directors' bonds. (Acts |
|
|
61st Leg., R.S., Ch. 444, Sec. 5(a) (part).) |
|
|
Sec.1022.056.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Sec. 5(a) (part).) |
|
|
Sec.1022.057.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(c) (part).) |
|
|
Sec.1022.058.COMPENSATION; EXPENSES. 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. (Acts 61st Leg., R.S., Ch. |
|
|
444, Sec. 5(c) (part).) |
|
|
Sec.1022.059.VOTING REQUIREMENT. A concurrence of three |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(c) (part).) |
|
|
Sec. 1022.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board may appoint a qualified person as a |
|
|
district administrator. |
|
|
(b) The board may appoint one or more assistant |
|
|
administrators. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 61st Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
|
Sec.1022.061.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 affairs of the district. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
|
Sec. 1022.062. EMPLOYEES; APPOINTMENT AND DISMISSAL OF |
|
|
STAFF; CONTRACT WITH DOCTORS. (a) The board may appoint to or |
|
|
dismiss from the staff or contract with any doctors the board |
|
|
considers necessary for the efficient operation of the district and |
|
|
may make temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 61st Leg., R.S., Ch. 444, Secs. 6 (part), 17.) |
|
|
Sec.1022.063.INDEPENDENT CONTRACTS. For any purpose |
|
|
permitted by applicable state law, the board may enter into an |
|
|
independent contract with: |
|
|
(1) a person licensed to practice medicine in this |
|
|
state; |
|
|
(2) a professional association that is organized under |
|
|
the Texas Professional Association Act (Article 1528f, Vernon's |
|
|
Texas Civil Statutes); or |
|
|
(3) a nonprofit organization that is organized under |
|
|
and in compliance with Subchapter A, Chapter 162, Occupations Code. |
|
|
(Acts 61st Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
|
Sec.1022.064.SENIORITY; RETIREMENT BENEFITS. The board |
|
|
may adopt rules relating to the seniority of district employees, |
|
|
including rules for a retirement plan based on seniority. (Acts |
|
|
61st Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
|
[Sections 1022.065-1022.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1022.101.DISTRICT RESPONSIBILITY. (a) The district |
|
|
has full responsibility for providing hospital care for the |
|
|
district's indigent residents. |
|
|
(b) The district shall provide all necessary hospital and |
|
|
medical care for the district's needy inhabitants. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Secs. 3 (part), 20 (part).) |
|
|
Sec. 1022.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
|
than the district, may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care. |
|
|
(Acts 61st Leg., R.S., Ch. 444, Secs. 3 (part), 20 (part).) |
|
|
Sec.1022.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 61st Leg., R.S., Ch. |
|
|
444, Sec. 6 (part).) |
|
|
Sec.1022.104.HOSPITAL SYSTEM. (a) The district has the |
|
|
responsibility to establish a hospital or hospital system within |
|
|
its boundaries to provide hospital and medical care to the |
|
|
district's residents. |
|
|
(b) The hospital system may include: |
|
|
(1) facilities for domiciliary care of the sick, |
|
|
injured, or geriatric; |
|
|
(2) facilities for outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses' domiciliaries and training |
|
|
centers; |
|
|
(6) blood banks; |
|
|
(7) community mental health centers; |
|
|
(8) research centers or laboratories; and |
|
|
(9) any other facilities the board considers necessary |
|
|
for hospital care. (Acts 61st Leg., R.S., Ch. 444, Secs. 3 (part), |
|
|
10 (part).) |
|
|
Sec.1022.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Sec. 6 (part).) |
|
|
Sec.1022.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Sec. 11 (part).) |
|
|
Sec. 1022.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings or other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. (Acts 61st Leg., |
|
|
R.S., Ch. 444, Secs. 10 (part), 11 (part).) |
|
|
Sec.1022.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary for the district to exercise |
|
|
a power, right, or privilege conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 61st Leg., R.S., Ch. 444, Sec. |
|
|
15.) |
|
|
Sec.1022.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Sec. 19.) |
|
|
Sec.1022.110.CONSTRUCTION OR PURCHASE CONTRACTS. A |
|
|
construction or purchase contract that involves the expenditure of |
|
|
more than $2,000 may be made only after advertising in the manner |
|
|
provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
|
Government Code. (Acts 61st Leg., R.S., Ch. 444, Sec. 11 (part).) |
|
|
Sec.1022.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 61st Leg., R.S., Ch. 444, Sec. 10 |
|
|
(part).) |
|
|
Sec. 1022.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the |
|
|
hospitalization of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the hospital treatment of a sick or injured person. |
|
|
(Acts 61st Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
|
Sec. 1022.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory or other services for the hospital or welfare |
|
|
needs of district inhabitants. (Acts 61st Leg., R.S., Ch. 444, Sec. |
|
|
6 (part).) |
|
|
Sec.1022.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 61st Leg., R.S., Ch. 444, Sec. 18.) |
|
|
Sec.1022.115.AUTHORITY TO SUE AND BE SUED. (a) The |
|
|
district, through the board, may sue and be sued. |
|
|
(b) The district is entitled to all causes of action and |
|
|
defenses to which similar authorities are entitled. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
|
[Sections 1022.116-1022.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1022.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; |
|
|
(7) the estimated tax rate required; and |
|
|
(8) the proposed expenditures and disbursements and |
|
|
the estimated receipts and collections for the following fiscal |
|
|
year. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
|
Sec.1022.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) At least 10 days before the date of the hearing, notice |
|
|
of the hearing shall be published one time in a newspaper or |
|
|
newspapers that individually or collectively have general |
|
|
circulation in the district. |
|
|
(c) Any property taxpayer of the district 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 |
|
|
(part).) |
|
|
Sec.1022.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
|
Sec.1022.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
|
Sec.1022.155.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on July 1 and ends on June 30. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
|
Sec.1022.156.AUDIT. (a) The district shall have an |
|
|
independent audit made of the district's financial condition for |
|
|
the fiscal year. |
|
|
(b) As soon as the audit is completed, the audit shall be |
|
|
filed at the district's office. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Sec. 7 (part).) |
|
|
Sec.1022.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Sec. 7 (part).) |
|
|
Sec.1022.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
|
Sec.1022.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks in the district to serve as a depository for district |
|
|
money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1022.160(b), and money transmitted to a bank for payment of |
|
|
bonds or obligations issued by the district, shall be deposited as |
|
|
received with the depository bank and shall remain on deposit. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. (Acts 61st Leg., |
|
|
R.S., Ch. 444, Sec. 12.) |
|
|
Sec.1022.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1022.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 61st Leg., R.S., Ch. 444, Secs. 6 |
|
|
(part), 11 (part).) |
|
|
[Sections 1022.161-1022.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1022.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 61st Leg., R.S., Ch. 444, Sec. 8(a) (part).) |
|
|
Sec.1022.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued under Section |
|
|
1022.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
tax rate approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 61st Leg., R.S., Ch. 444, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1022.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum interest rate of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Sec. 8(a) (part).) |
|
|
Sec.1022.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Sec. 8(d) (part).) |
|
|
Sec.1022.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 61st Leg., |
|
|
R.S., Ch. 444, Sec. 8(d) (part).) |
|
|
Sec.1022.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
61st Leg., R.S., Ch. 444, Sec. 9 (part).) |
|
|
Sec.1022.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the indebtedness to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Secs. 8(a) (part), (c) (part), 9 (part).) |
|
|
Sec.1022.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Sec. 22 (part).) |
|
|
[Sections 1022.209-1022.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1022.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds or other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Secs. 4(b) (part), 13 (part).) |
|
|
Sec.1022.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 61st |
|
|
Leg., R.S., Ch. 444, Secs. 4(b) (part), 13 (part).) |
|
|
Sec. 1022.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1022.254. |
|
|
(b) The tax assessor-collector of Coke County shall assess |
|
|
and collect taxes imposed by the district. (Acts 61st Leg., R.S., |
|
|
Ch. 444, Sec. 16 (part).) |
|
|
Sec. 1022.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by a similar resolution. |
|
|
(b) The district tax assessor-collector must: |
|
|
(1) reside in the district; and |
|
|
(2) own real property subject to district taxation. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the terms of employment; and |
|
|
(2) compensation. (Acts 61st Leg., R.S., Ch. 444, |
|
|
Sec. 16 (part).) |
|
|
CHAPTER 1023. EASTLAND MEMORIAL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1023.001. DEFINITIONS |
|
|
Sec. 1023.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1023.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1023.004. DISTRICT TERRITORY |
|
|
Sec. 1023.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1023.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1023.007-1023.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1023.051. BOARD ELECTION; TERMS |
|
|
Sec. 1023.052. NOTICE OF ELECTION |
|
|
Sec. 1023.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1023.054. BOARD VACANCY |
|
|
Sec. 1023.055. OFFICERS |
|
|
Sec. 1023.056. COMPENSATION; EXPENSES |
|
|
Sec. 1023.057. VOTING REQUIREMENT |
|
|
Sec. 1023.058. DISTRICT ADMINISTRATOR |
|
|
Sec. 1023.059. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1023.060. ASSISTANT DISTRICT ADMINISTRATOR; |
|
|
ATTORNEY |
|
|
Sec. 1023.061. EMPLOYEES; APPOINTMENT AND RECRUITMENT OF |
|
|
STAFF |
|
|
Sec. 1023.062. PERSONNEL CONTRACTS |
|
|
Sec. 1023.063. RETIREMENT BENEFITS |
|
|
[Sections 1023.064-1023.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1023.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1023.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
|
Sec. 1023.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1023.104. RULES |
|
|
Sec. 1023.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1023.106. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1023.107. EMINENT DOMAIN |
|
|
Sec. 1023.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1023.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1023.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1023.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1023.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1023.113. PROVISION OF CERTAIN HEALTH SERVICES |
|
|
Sec. 1023.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1023.115. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1023.116. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1023.117-1023.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1023.151. BUDGET |
|
|
Sec. 1023.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1023.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1023.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1023.155. FISCAL YEAR |
|
|
Sec. 1023.156. ANNUAL AUDIT |
|
|
Sec. 1023.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1023.158. FINANCIAL REPORT |
|
|
Sec. 1023.159. DEPOSITORY |
|
|
Sec. 1023.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1023.161. GENERAL AUTHORITY TO BORROW MONEY; |
|
|
SECURITY |
|
|
Sec. 1023.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
|
SECURITY |
|
|
[Sections 1023.163-1023.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1023.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1023.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1023.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1023.204. REVENUE BONDS |
|
|
Sec. 1023.205. REFUNDING BONDS |
|
|
Sec. 1023.206. MATURITY OF BONDS |
|
|
Sec. 1023.207. EXECUTION OF BONDS |
|
|
Sec. 1023.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1023.209-1023.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1023.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1023.252. TAX RATE |
|
|
Sec. 1023.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1023.254-1023.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1023.301. DISSOLUTION; ELECTION |
|
|
Sec. 1023.302. NOTICE OF ELECTION |
|
|
Sec. 1023.303. BALLOT |
|
|
Sec. 1023.304. ELECTION RESULTS |
|
|
Sec. 1023.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
|
Sec. 1023.306. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
Sec. 1023.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES |
|
|
Sec. 1023.308. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1023. EASTLAND MEMORIAL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1023.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Eastland Memorial Hospital |
|
|
District. (Acts 71st Leg., R.S., Ch. 221, Sec. 1.01.) |
|
|
Sec.1023.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 221, |
|
|
Sec. 1.02.) |
|
|
Sec.1023.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
71st Leg., R.S., Ch. 221, Sec. 7.11 (part).) |
|
|
Sec.1023.004.DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1.03, Chapter 221, |
|
|
Acts of the 71st Legislature, Regular Session, 1989. (New.) |
|
|
Sec. 1023.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not be obligated for the support or |
|
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 221, Sec. |
|
|
10.01 (part).) |
|
|
Sec.1023.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 10.01 (part).) |
|
|
[Sections 1023.007-1023.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1023.051.BOARD ELECTION; TERMS. (a) The district is |
|
|
governed by a board of nine directors elected from the district at |
|
|
large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) an election shall be held on the uniform election |
|
|
date in May of each year to elect the appropriate number of |
|
|
directors. (Acts 71st Leg., R.S., Ch. 221, Secs. 4.01(a), 4.03(a), |
|
|
(c) (part).) |
|
|
Sec.1023.052.NOTICE OF ELECTION. Not earlier than 30 days |
|
|
or later than 10 days before the date of an election of directors, |
|
|
notice of the election shall be published one time in a newspaper |
|
|
with general circulation in the district. (Acts 71st Leg., R.S., |
|
|
Ch. 221, Sec. 4.04.) |
|
|
Sec.1023.053.QUALIFICATIONS FOR OFFICE. To be eligible |
|
|
to be a candidate for or to serve as a director, a person must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. (Acts 71st Leg., R.S., Ch. 221, |
|
|
Sec. 4.06.) |
|
|
Sec.1023.054.BOARD VACANCY. (a) A vacancy in the office |
|
|
of director shall be filled for the unexpired term at the next |
|
|
regular election. |
|
|
(b) If at least five director positions become vacant, the |
|
|
remaining directors may call a special election to fill the |
|
|
vacancies for the unexpired terms. (Acts 71st Leg., R.S., Ch. 221, |
|
|
Sec. 4.07.) |
|
|
Sec.1023.055.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall appoint a secretary. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 71st Leg., R.S., Ch. 221, Secs. 4.08, 4.09.) |
|
|
Sec.1023.056.COMPENSATION; EXPENSES. 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. (Acts 71st Leg., R.S., Ch. |
|
|
221, Sec. 4.10.) |
|
|
Sec.1023.057.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 71st Leg., R.S., Ch. 221, Sec. |
|
|
4.11.) |
|
|
Sec.1023.058.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the board may require the administrator to execute a bond in an |
|
|
amount determined by the board of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 71st Leg., R.S., Ch. 221, Secs. 4.12(a) (part), (b) (part), |
|
|
(c) (part), (d).) |
|
|
Sec.1023.059.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. (Acts |
|
|
71st Leg., R.S., Ch. 221, Sec. 4.15.) |
|
|
Sec.1023.060.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the assistant district administrator; and |
|
|
(2) the attorney for the district. |
|
|
(b) The assistant district administrator and attorney for |
|
|
the district serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. (Acts 71st Leg., R.S., Ch. |
|
|
221, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
|
Sec. 1023.061. EMPLOYEES; APPOINTMENT AND RECRUITMENT OF |
|
|
STAFF. (a) The district may employ technicians, nurses, fiscal |
|
|
agents, accountants, architects, additional attorneys, and other |
|
|
necessary employees. |
|
|
(b) The board may appoint to the staff any doctors the board |
|
|
considers necessary for the efficient operation of the district and |
|
|
may make temporary appointments as necessary. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ persons for the district. |
|
|
(d) The board may recruit physicians and other health care |
|
|
professionals or persons. (Acts 71st Leg., R.S., Ch. 221, Secs. |
|
|
4.13, 4.14, 5.02 (part).) |
|
|
Sec.1023.062.PERSONNEL CONTRACTS. (a) The board may |
|
|
contract to provide administrative or other personnel for the |
|
|
operation of the hospital facilities. |
|
|
(b) The term of the contract may not exceed 25 years. (Acts |
|
|
71st Leg., R.S., Ch. 221, Sec. 5.02 (part).) |
|
|
Sec.1023.063.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. (Acts 71st Leg., R.S., Ch. |
|
|
221, Sec. 4.16.) |
|
|
[Sections 1023.064-1023.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1023.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 221, Sec. |
|
|
5.02 (part).) |
|
|
Sec.1023.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
|
Eastland County may not impose a tax or issue bonds or other |
|
|
obligations to provide hospital or medical care for district |
|
|
residents. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.01(b).) |
|
|
Sec.1023.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 71st Leg., R.S., Ch. |
|
|
221, Sec. 5.03.) |
|
|
Sec.1023.104.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. (Acts 71st Leg., R.S., Ch. 221, Sec. |
|
|
5.04.) |
|
|
Sec.1023.105.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. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.05.) |
|
|
Sec. 1023.106. 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, including facilities and |
|
|
equipment, for the district for use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
payment of the purchase price. |
|
|
(c) The board may lease hospital facilities for the district |
|
|
to individuals, corporations, or other legal entities. |
|
|
(d) The board may sell or otherwise dispose of property, |
|
|
including facilities or equipment, for the district. The board |
|
|
shall give notice of intent to sell land or buildings by publishing |
|
|
a notice of intent in a newspaper with general circulation in |
|
|
Eastland County not later than the 30th day before the date of sale. |
|
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 5.06.) |
|
|
Sec.1023.107.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 a right 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 in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 71st Leg., R.S., Ch. 221, Sec. |
|
|
5.09.) |
|
|
Sec.1023.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, 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 relocating, raising, lowering, rerouting, |
|
|
changing the grade of, or altering the construction to provide |
|
|
comparable replacement, without enhancement of facilities, after |
|
|
deducting the net salvage value derived from the old facility. |
|
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 5.10.) |
|
|
Sec.1023.109.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 other provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 221, |
|
|
Sec. 5.14.) |
|
|
Sec.1023.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.07(a).) |
|
|
Sec.1023.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
|
221, Sec. 5.08.) |
|
|
Sec. 1023.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. The board may contract with a political subdivision of |
|
|
the state or a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.13.) |
|
|
Sec.1023.113.PROVISION OF CERTAIN HEALTH SERVICES. The |
|
|
district may: |
|
|
(1) operate or provide for the operation of a mobile |
|
|
emergency medical service; and |
|
|
(2) establish and operate a home health service. |
|
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 5.02 (part).) |
|
|
Sec.1023.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted 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) The district without charge shall provide to a patient |
|
|
who resides in the district the care and treatment that the patient |
|
|
or a relative of the patient who is legally responsible for the |
|
|
patient's support cannot pay. |
|
|
(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 individual'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 who |
|
|
was 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 an individual's |
|
|
ability to pay or if the district administrator has any doubt |
|
|
concerning an individual's ability to pay, the board shall: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(f) A final order of the board may be appealed to a district |
|
|
court in Eastland County. The substantial evidence rule applies to |
|
|
the appeal. (Acts 71st Leg., R.S., Ch. 221, Secs. 5.11(a), (c), |
|
|
(d), (e), (f).) |
|
|
Sec.1023.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside 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 Eastland County |
|
|
or the police chief of the City of Eastland to reimburse the |
|
|
district for the district's care and treatment of a person who is |
|
|
confined in a jail facility of Eastland County or the City of |
|
|
Eastland and is not a district resident. |
|
|
(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. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Sec. 5.12.) |
|
|
Sec.1023.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
|
Ch. 221, Sec. 5.15.) |
|
|
[Sections 1023.117-1023.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1023.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
|
R.S., Ch. 221, Sec. 6.04.) |
|
|
Sec.1023.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 71st Leg., R.S., Ch. 221, Sec. 6.05.) |
|
|
Sec.1023.153.AMENDMENTS TO BUDGET. After adoption, the |
|
|
annual budget may be amended on the board's approval. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Sec. 6.06.) |
|
|
Sec.1023.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 71st Leg., R.S., Ch. 221, Sec. 6.07.) |
|
|
Sec.1023.155.FISCAL YEAR. (a) The district operates on |
|
|
the fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) when revenue bonds of the district are |
|
|
outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Sec. 6.01.) |
|
|
Sec.1023.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Sec. 6.02.) |
|
|
Sec. 1023.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records are open to |
|
|
inspection during regular business hours at the district's |
|
|
principal office. (Acts 71st Leg., R.S., Ch. 221, Sec. 6.03.) |
|
|
Sec.1023.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 6.08.) |
|
|
Sec.1023.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1023.160(b) 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 power of the board to |
|
|
place a portion of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 71st Leg., R.S., Ch. 221, |
|
|
Sec. 6.10.) |
|
|
Sec.1023.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Sections 1023.110, 1023.161, 1023.162, |
|
|
1023.201, 1023.204, and 1023.205, the district may not incur a debt |
|
|
payable from district revenue other than revenue on hand or to be on |
|
|
hand in the current and immediately following district fiscal |
|
|
years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 221, Sec. 6.09.) |
|
|
Sec.1023.161.GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
|
(a) The board may borrow money at a rate of interest not to exceed |
|
|
the maximum annual percentage rate allowed by law for district |
|
|
obligations at the time the loan is made. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) tax revenue to be collected by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which tax revenue or bonds are pledged must |
|
|
mature not later than the first anniversary of the date the loan is |
|
|
made. A loan for which other district revenue is pledged must |
|
|
mature not later than the fifth anniversary of the date the loan is |
|
|
made. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.17.) |
|
|
Sec. 1023.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
|
SECURITY. (a) The board may borrow money at a rate not to exceed the |
|
|
maximum annual percentage rate allowed by law for district |
|
|
obligations at the time the loan is made if the board determines |
|
|
that: |
|
|
(1) money is not available to meet lawful obligations |
|
|
of the district; and |
|
|
(2) an emergency exists. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) tax revenue to be collected by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which tax revenue or bonds are pledged must |
|
|
mature not later than the first anniversary of the date the loan is |
|
|
made. A loan for which other district revenue is pledged must |
|
|
mature not later than the fifth anniversary of the date the loan is |
|
|
made. |
|
|
(d) The board may not spend money obtained from a loan under |
|
|
this section for any purpose other than: |
|
|
(1) the purpose for which the board declared an |
|
|
emergency; and |
|
|
(2) if district tax revenue or bonds are pledged to pay |
|
|
the loan, the purpose for which the pledged taxes were imposed or |
|
|
the pledged bonds were authorized. (Acts 71st Leg., R.S., Ch. 221, |
|
|
Sec. 5.16.) |
|
|
[Sections 1023.163-1023.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1023.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds authorized by an election |
|
|
in the name and on the faith and credit of the district to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings or improvements; or |
|
|
(2) equip buildings or improvements for hospital |
|
|
purposes. (Acts 71st Leg., R.S., Ch. 221, Sec. 7.01.) |
|
|
Sec.1023.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1023.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 221, Sec. 7.02.) |
|
|
Sec.1023.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amounts of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election must be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 7.03.) |
|
|
Sec.1023.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 7.04.) |
|
|
Sec.1023.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1023.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
71st Leg., R.S., Ch. 221, Sec. 7.06 (part).) |
|
|
Sec.1023.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
|
R.S., Ch. 221, Sec. 7.07.) |
|
|
Sec.1023.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or by a political subdivision |
|
|
of this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Sec. 7.11 (part).) |
|
|
[Sections 1023.209-1023.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1023.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
|
Sec.1023.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of a tax. |
|
|
(b) The tax rate for all purposes may not exceed 37.5 cents |
|
|
on each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
|
Sec.1023.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 221, Sec. |
|
|
8.04(b).) |
|
|
[Sections 1023.254-1023.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1023.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved and the district's assets and liabilities sold or |
|
|
transferred to another person only on approval of a majority of the |
|
|
district voters voting at an election held for that purpose. |
|
|
(b) A majority of the directors may order an election to |
|
|
dissolve the district and transfer its assets and liabilities. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by at least 15 |
|
|
percent of the registered voters in the district, according to the |
|
|
most recent official list of registered voters. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. |
|
|
221, Secs. 9.01, 9.02(a), (b) (part), 9.03, 9.05(b).) |
|
|
Sec.1023.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper with general circulation in the district. |
|
|
(b) The first publication must appear at least 35 days |
|
|
before the date set for the election. (Acts 71st Leg., R.S., Ch. |
|
|
221, Sec. 9.04.) |
|
|
Sec.1023.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Eastland Memorial Hospital |
|
|
District and the transfer of its assets and liabilities in the |
|
|
following manner: __________ (insert provisions for transfer)." |
|
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 9.06.) |
|
|
Sec.1023.304.ELECTION RESULTS. (a) If the board finds |
|
|
the election results favor the proposition to dissolve the |
|
|
district, the board shall: |
|
|
(1) issue an order declaring the district dissolved; |
|
|
and |
|
|
(2) proceed with the sale or transfer of the district's |
|
|
assets and liabilities according to the plan proposed on the |
|
|
ballot. |
|
|
(b) If the board finds the election results do not favor the |
|
|
proposition to dissolve the district, another dissolution election |
|
|
may not be held before the first anniversary of the date of the |
|
|
election in which voters disapproved the proposition. (Acts 71st |
|
|
Leg., R.S., Ch. 221, Sec. 9.07.) |
|
|
Sec.1023.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
|
If a majority of the votes in an election under this subchapter |
|
|
favor dissolution, the board shall: |
|
|
(1) transfer the district's assets to Eastland County |
|
|
or another governmental entity in Eastland County; or |
|
|
(2) administer the district's assets and debts until |
|
|
all assets have been disposed of and all district debts have been |
|
|
paid or settled. |
|
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
|
Eastland County or the governmental entity assumes all debts and |
|
|
obligations of the district at the time of the transfer, and the |
|
|
district is dissolved. (Acts 71st Leg., R.S., Ch. 221, Secs. |
|
|
9.08(a), (b).) |
|
|
Sec.1023.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The district may not be dissolved unless the board provides for |
|
|
the sale or transfer of the district's assets and liabilities to |
|
|
another person. |
|
|
(b) The dissolution of the district and the sale or transfer |
|
|
of the district's assets and liabilities may not: |
|
|
(1) contravene a trust indenture or bond resolution |
|
|
relating to the outstanding bonds of the district; or |
|
|
(2) diminish or impair the rights of the holders of any |
|
|
outstanding bonds, warrants, or other obligations of the district. |
|
|
(c) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of citizens in the |
|
|
district, including the citizens' collective property rights in the |
|
|
district's assets. |
|
|
(d) The district may not transfer or dispose of the |
|
|
district's assets except for due compensation unless: |
|
|
(1) the transfer is made to another governmental |
|
|
agency embracing the district; and |
|
|
(2) the transferred assets are used for the benefit of |
|
|
the citizens formerly in the district. |
|
|
(e) A grant from federal funds is an obligation to be repaid |
|
|
in satisfaction. (Acts 71st Leg., R.S., Ch. 221, Secs. 9.08(h), |
|
|
(i).) |
|
|
Sec. 1023.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) If a majority of the votes in an election to dissolve |
|
|
the district favor dissolution, the board shall: |
|
|
(1) determine the debt owed by the district; and |
|
|
(2) impose a tax on the taxable property in the |
|
|
district at a rate that will raise sufficient revenue to pay the |
|
|
debt owed by the district. |
|
|
(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. (Acts |
|
|
71st Leg., R.S., Ch. 221, Secs. 9.08(c), (d), (e).) |
|
|
Sec.1023.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
|
district has paid all district debts and has disposed of all |
|
|
district assets as prescribed by this subchapter, the board shall |
|
|
file a written report with the Commissioners Court of Eastland |
|
|
County summarizing the board's actions in dissolving the district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Eastland 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. (Acts 71st Leg., R.S., Ch. 221, Secs. 9.08(f), (g).) |
|
|
CHAPTER 1024. ECTOR COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1024.001. DEFINITIONS |
|
|
Sec. 1024.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1024.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1024.004. DISTRICT TERRITORY |
|
|
Sec. 1024.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1024.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1024.007-1024.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1024.051. BOARD ELECTION; TERMS |
|
|
Sec. 1024.052. NOTICE OF ELECTION |
|
|
Sec. 1024.053. BALLOT PETITION |
|
|
Sec. 1024.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1024.055. BOND OR INSURANCE |
|
|
Sec. 1024.056. BOARD VACANCY |
|
|
Sec. 1024.057. OFFICERS |
|
|
Sec. 1024.058. COMPENSATION; EXPENSES |
|
|
Sec. 1024.059. VOTING REQUIREMENT |
|
|
Sec. 1024.060. DISTRICT ADMINISTRATOR |
|
|
Sec. 1024.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1024.062. ASSISTANT DISTRICT ADMINISTRATORS |
|
|
Sec. 1024.063. ATTORNEY |
|
|
Sec. 1024.064. APPOINTMENT OF STAFF |
|
|
Sec. 1024.065. EMPLOYEES |
|
|
Sec. 1024.066. RETIREMENT BENEFITS |
|
|
[Sections 1024.067-1024.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1024.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1024.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
|
Sec. 1024.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1024.104. RULES |
|
|
Sec. 1024.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1024.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
|
Sec. 1024.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1024.108. EMINENT DOMAIN |
|
|
Sec. 1024.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1024.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1024.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1024.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1024.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1024.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1024.115. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1024.116. AUTHORITY TO SUE AND BE SUED; VENUE; |
|
|
NONWAIVER OF IMMUNITY |
|
|
[Sections 1024.117-1024.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1024.151. BUDGET |
|
|
Sec. 1024.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1024.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1024.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1024.155. FISCAL YEAR |
|
|
Sec. 1024.156. ANNUAL AUDIT |
|
|
Sec. 1024.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1024.158. FINANCIAL REPORT |
|
|
Sec. 1024.159. DEPOSITORY |
|
|
Sec. 1024.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1024.161-1024.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1024.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1024.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1024.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1024.204. REVENUE BONDS |
|
|
Sec. 1024.205. REFUNDING BONDS |
|
|
Sec. 1024.206. MATURITY OF BONDS |
|
|
Sec. 1024.207. EXECUTION OF BONDS |
|
|
Sec. 1024.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1024.209-1024.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1024.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1024.252. TAX RATE |
|
|
Sec. 1024.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
|
Sec. 1024.254. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1024. ECTOR COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1024.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Ector County Hospital |
|
|
District. (Acts 71st Leg., R.S., Ch. 550, Sec. 1.01.) |
|
|
Sec.1024.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 550, |
|
|
Sec. 1.02.) |
|
|
Sec.1024.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
71st Leg., R.S., Ch. 550, Sec. 7.11 (part).) |
|
|
Sec.1024.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Ector County, |
|
|
Texas. (Acts 71st Leg., R.S., Ch. 550, Sec. 1.03.) |
|
|
Sec. 1024.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not become obligated for the support or |
|
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
|
9.01 (part).) |
|
|
Sec.1024.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 9.01 (part).) |
|
|
[Sections 1024.007-1024.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1024.051.BOARD ELECTION; TERMS. (a) The district is |
|
|
governed by a board of seven directors. |
|
|
(b) Except as provided by court order, one director is |
|
|
elected from each commissioners precinct and three directors are |
|
|
elected from the district at large. At an election for directors in |
|
|
which two directors are to be elected at large, the candidates |
|
|
receiving the highest and second highest number of votes are |
|
|
elected. |
|
|
(c) Directors serve staggered four-year terms. |
|
|
(d) An election shall be held on the uniform election date |
|
|
in May of each even-numbered year to elect the appropriate number of |
|
|
directors. (Acts 71st Leg., R.S., Ch. 550, Secs. 4.01(a), 4.03(a), |
|
|
(c) (part), and (d).) |
|
|
Sec.1024.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper with general circulation in the |
|
|
district. (Acts 71st Leg., R.S., Ch. 550, Sec. 4.04.) |
|
|
Sec.1024.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must: |
|
|
(1) be signed by at least 50 registered voters of the |
|
|
district as determined by the most recent official list of |
|
|
registered voters; |
|
|
(2) be filed not later than 5 p.m. on the 45th day |
|
|
before the date of the election; and |
|
|
(3) specify the commissioners precinct the candidate |
|
|
wants to represent or specify that the candidate wants to represent |
|
|
the district at large. (Acts 71st Leg., R.S., Ch. 550, Sec. 4.05.) |
|
|
Sec.1024.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be a candidate for or to serve as a director, a person |
|
|
must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) In addition to Subsection (a), a person who is elected |
|
|
from a commissioners precinct or who is appointed to fill a vacancy |
|
|
for a commissioners precinct must be a resident of that |
|
|
commissioners precinct. |
|
|
(c) A district employee may not serve as a director. (Acts |
|
|
71st Leg., R.S., Ch. 550, Sec. 4.06.) |
|
|
Sec.1024.055.BOND OR INSURANCE. (a) Before assuming the |
|
|
duties of office, each director must execute a bond payable to the |
|
|
district or purchase an appropriate insurance policy that names the |
|
|
district as its sole beneficiary, conditioned on the faithful |
|
|
performance of the director's duties. |
|
|
(b) For each director, the board shall determine the |
|
|
appropriate type and value of the bond or insurance policy. |
|
|
(c) The board may pay for a director's bond or pay for a |
|
|
director's insurance policy and premiums with district money. |
|
|
(d) Each director's bond or insurance policy shall be kept |
|
|
in the district's permanent records. (Acts 71st Leg., R.S., Ch. |
|
|
550, Sec. 4.07.) |
|
|
Sec.1024.056.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 550, |
|
|
Sec. 4.08.) |
|
|
Sec.1024.057.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 71st Leg., R.S., Ch. 550, Secs. 4.09, 4.10.) |
|
|
Sec.1024.058.COMPENSATION; EXPENSES. 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. (Acts 71st Leg., R.S., Ch. |
|
|
550, Sec. 4.11.) |
|
|
Sec.1024.059.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
|
4.12.) |
|
|
Sec.1024.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond in the amount determined by |
|
|
the board of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 71st Leg., R.S., Ch. 550, Secs. 4.13(a) (part), (c) (part), |
|
|
(d).) |
|
|
Sec.1024.061.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. (Acts |
|
|
71st Leg., R.S., Ch. 550, Sec. 4.16.) |
|
|
Sec.1024.062.ASSISTANT DISTRICT ADMINISTRATORS. (a) The |
|
|
district administrator may appoint one or more qualified persons as |
|
|
assistant district administrators for the district. |
|
|
(b) An assistant district administrator: |
|
|
(1) serves at the will of the district administrator; |
|
|
and |
|
|
(2) is entitled to the compensation determined by the |
|
|
board. (Acts 71st Leg., R.S., Ch. 550, Secs. 4.13(b), (c) (part).) |
|
|
Sec.1024.063.ATTORNEY. (a) The board may appoint a |
|
|
qualified person as the attorney for the district. |
|
|
(b) The attorney for the district serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(Acts 71st Leg., R.S., Ch. 550, Secs. 4.13(a) (part), (c) (part).) |
|
|
Sec.1024.064.APPOINTMENT OF STAFF. The board may appoint |
|
|
to the staff any doctors the board considers necessary for the |
|
|
efficient operation of the district and may make temporary |
|
|
appointments as necessary. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
|
4.14.) |
|
|
Sec. 1024.065. EMPLOYEES. (a) The district may employ |
|
|
technicians, nurses, 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. (Acts 71st Leg., |
|
|
R.S., Ch. 550, Sec. 4.15.) |
|
|
Sec.1024.066.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. (Acts 71st Leg., R.S., Ch. |
|
|
550, Sec. 4.17.) |
|
|
[Sections 1024.067-1024.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1024.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
|
5.02 (part).) |
|
|
Sec.1024.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
|
Ector County may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district residents. (Acts 71st Leg., R.S., Ch. 550, Sec. 5.01(b).) |
|
|
Sec.1024.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the district's |
|
|
hospital system and the district's money and resources. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Sec. 5.03.) |
|
|
Sec.1024.104.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. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
|
5.04.) |
|
|
Sec.1024.105.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. (Acts 71st Leg., R.S., Ch. 550, Sec. 5.05.) |
|
|
Sec.1024.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
|
district may operate or provide for the operation of a mobile |
|
|
emergency medical service. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
|
5.02 (part).) |
|
|
Sec. 1024.107. 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, including facilities and |
|
|
equipment, for the district for use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease hospital facilities for the |
|
|
district. |
|
|
(d) The board may sell or otherwise dispose of property, |
|
|
including facilities or equipment, for the district. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Sec. 5.06.) |
|
|
Sec.1024.108.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 to exercise a right 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 the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
|
5.09.) |
|
|
Sec.1024.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, 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 must bear |
|
|
the actual cost of relocating, raising, lowering, rerouting, |
|
|
changing the grade, or altering the construction to provide |
|
|
comparable replacement without enhancement of facilities, after |
|
|
deducting the net salvage value derived from the old facility. |
|
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 5.10.) |
|
|
Sec.1024.110.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 other provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 550, |
|
|
Sec. 5.14.) |
|
|
Sec.1024.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 71st Leg., R.S., Ch. 550, Sec. 5.07(a).) |
|
|
Sec.1024.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
|
550, Sec. 5.08.) |
|
|
Sec. 1024.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. The board may contract with a political subdivision of |
|
|
this state or with a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 550, Sec. 5.13.) |
|
|
Sec.1024.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the financial circumstances of: |
|
|
(1) the patient; or |
|
|
(2) a relative of the patient who is legally |
|
|
responsible for the patient's support. |
|
|
(b) The district without charge shall provide to a patient |
|
|
who resides in the district the care and treatment that the patient |
|
|
or a relative of the patient who is legally responsible for the |
|
|
patient's support cannot pay. |
|
|
(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 individual'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 who |
|
|
was legally responsible for the patient's support in the manner |
|
|
provided by law for collection of expenses of the last illness of a |
|
|
deceased person. |
|
|
(e) If there is a dispute relating to an individual's |
|
|
ability to pay or if the district administrator has any doubt |
|
|
concerning an individual's ability to pay, the board shall: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(f) A final order of the board may be appealed to a district |
|
|
court in Ector County. The substantial evidence rule applies to the |
|
|
appeal. (Acts 71st Leg., R.S., Ch. 550, Secs. 5.11(a), (c), (d), |
|
|
(e), (f).) |
|
|
Sec.1024.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person of that county, |
|
|
municipality, or public hospital as provided by Chapter 61, Health |
|
|
and Safety Code. |
|
|
(b) The board shall require the sheriff of Ector County or |
|
|
the police chief of the City of Odessa to reimburse the district for |
|
|
the district's care and treatment of a person who is confined in a |
|
|
jail facility of Ector County or the City of Odessa and is not a |
|
|
district resident. |
|
|
(c) 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. (Acts 71st Leg., R.S., Ch. |
|
|
550, Sec. 5.12.) |
|
|
Sec. 1024.116. AUTHORITY TO SUE AND BE SUED; VENUE; |
|
|
NONWAIVER OF IMMUNITY. (a) The board may sue and be sued on behalf |
|
|
of the district. |
|
|
(b) An action against the board, the district, or the |
|
|
district's hospital system must be brought in Ector County. |
|
|
(c) This chapter may not be construed to waive the |
|
|
district's sovereign or governmental immunity. (Acts 71st Leg., |
|
|
R.S., Ch. 550, Sec. 5.15.) |
|
|
[Sections 1024.117-1024.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1024.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
|
R.S., Ch. 550, Sec. 6.04.) |
|
|
Sec.1024.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 71st Leg., R.S., Ch. 550, Sec. 6.05.) |
|
|
Sec.1024.153.AMENDMENTS TO BUDGET. After adoption, the |
|
|
annual budget may be amended on the board's approval. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Sec. 6.06.) |
|
|
Sec.1024.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 71st Leg., R.S., Ch. 550, Sec. 6.07.) |
|
|
Sec.1024.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) when revenue bonds of the district are |
|
|
outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Sec. 6.01.) |
|
|
Sec.1024.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Sec. 6.02.) |
|
|
Sec. 1024.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records are open to |
|
|
inspection during regular business hours at the district's |
|
|
principal office. (Acts 71st Leg., R.S., Ch. 550, Sec. 6.03.) |
|
|
Sec.1024.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 6.08.) |
|
|
Sec.1024.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank in Ector County to serve as a depository for district |
|
|
money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1024.160(c) 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 must remain on |
|
|
deposit. This subsection does not limit the power of the board to |
|
|
place a part of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 71st Leg., R.S., Ch. 550, |
|
|
Sec. 6.10.) |
|
|
Sec.1024.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
The district may acquire, sell, lease, or contract for personal |
|
|
property in accordance with Subchapter A, Chapter 271, Local |
|
|
Government Code. |
|
|
(b) Except as provided by Subsection (a) and Sections |
|
|
1024.111, 1024.201, 1024.204, and 1024.205, the district may not |
|
|
incur a debt payable from district revenue other than the revenue on |
|
|
hand or to be on hand in the current and immediately following |
|
|
district fiscal years. |
|
|
(c) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 550, Sec. 6.09.) |
|
|
[Sections 1024.161-1024.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1024.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds authorized by an election |
|
|
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. (Acts 71st Leg., R.S., Ch. 550, Sec. 7.01.) |
|
|
Sec.1024.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1024.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 550, Sec. 7.02.) |
|
|
Sec.1024.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 7.03.) |
|
|
Sec.1024.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, 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 revenue received by the district, other than ad |
|
|
valorem taxes. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 7.04.) |
|
|
Sec.1024.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) Refunding bonds may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1024.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
71st Leg., R.S., Ch. 550, Sec. 7.06 (part).) |
|
|
Sec.1024.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
|
R.S., Ch. 550, Sec. 7.07.) |
|
|
Sec.1024.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Sec. 7.11 (part).) |
|
|
[Sections 1024.209-1024.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1024.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Secs. 8.01 (a) (part), (c), (d), 8.03(b).) |
|
|
Sec.1024.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 71st |
|
|
Leg., R.S., Ch. 550, Secs. 8.01(a) (part), (b), 8.04 (part).) |
|
|
Sec.1024.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
|
The board may order an election to increase the district's maximum |
|
|
ad valorem tax rate. The board shall order the election if the |
|
|
board receives a petition requesting an election that is signed by |
|
|
at least 50 registered voters in the district. |
|
|
(b) The ballot for the election shall be printed to permit |
|
|
voting for or against the proposition: "The imposition of annual |
|
|
taxes by the district for hospital purposes at a rate not to exceed |
|
|
_____ (insert amount) cents on the $100 valuation of all taxable |
|
|
property in the district." |
|
|
(c) If the board finds that the election results favor the |
|
|
proposition, the board may impose taxes as authorized by the |
|
|
proposition. If the board finds that the election results do not |
|
|
favor the proposition, another election on the question of raising |
|
|
the district's maximum tax rate may not be held before the first |
|
|
anniversary of the date of the most recent election at which voters |
|
|
disapproved the proposition. |
|
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. |
|
|
550, Secs. 8.02(a), (b) (part), (c) (part), (d) (part).) |
|
|
Sec.1024.254.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
|
8.05(b).) |
|
|
CHAPTER 1025. ELECTRA HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1025.001. DEFINITIONS |
|
|
Sec. 1025.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1025.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1025.004. DISTRICT TERRITORY |
|
|
Sec. 1025.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1025.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1025.007. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1025.008-1025.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1025.051. BOARD ELECTION; TERM |
|
|
Sec. 1025.052. NOTICE OF ELECTION |
|
|
Sec. 1025.053. BALLOT PETITION |
|
|
Sec. 1025.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1025.055. BOARD VACANCY |
|
|
Sec. 1025.056. OFFICERS |
|
|
Sec. 1025.057. COMPENSATION; EXPENSES |
|
|
Sec. 1025.058. QUORUM |
|
|
Sec. 1025.059. VOTING REQUIREMENT |
|
|
Sec. 1025.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1025.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1025.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
[Sections 1025.063-1025.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1025.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1025.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1025.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1025.104. HOSPITAL SYSTEM |
|
|
Sec. 1025.105. RULES |
|
|
Sec. 1025.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1025.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1025.108. EMINENT DOMAIN |
|
|
Sec. 1025.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1025.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1025.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1025.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1025.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1025.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1025.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1025.116-1025.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1025.151. BUDGET |
|
|
Sec. 1025.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1025.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1025.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1025.155. FISCAL YEAR |
|
|
Sec. 1025.156. AUDIT |
|
|
Sec. 1025.157. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1025.158. FINANCIAL REPORT |
|
|
Sec. 1025.159. DEPOSITORY |
|
|
Sec. 1025.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1025.161-1025.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1025.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1025.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1025.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1025.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1025.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1025.206. REVENUE BONDS |
|
|
Sec. 1025.207. REFUNDING BONDS |
|
|
Sec. 1025.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1025.209-1025.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1025.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1025.252. TAX RATE |
|
|
Sec. 1025.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1025.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1025. ELECTRA HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1025.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Electra Hospital District. |
|
|
(New.) |
|
|
Sec.1025.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is administered and financed in accordance with |
|
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
|
powers, and duties provided by this chapter. (Acts 63rd Leg., R.S., |
|
|
Ch. 513, Sec. 1 (part).) |
|
|
Sec.1025.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 63rd Leg., R.S., Ch. 513, Sec. 21 (part).) |
|
|
Sec.1025.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Justice of the |
|
|
Peace Precinct No. 4 of Wichita County, Texas, as those boundaries |
|
|
existed on June 14, 1973. (Acts 63rd Leg., R.S., Ch. 513, Sec. 1 |
|
|
(part).) |
|
|
Sec.1025.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 63rd Leg., R.S., Ch. 513, Sec. 23 (part).) |
|
|
Sec. 1025.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Sec. 20 (part).) |
|
|
Sec.1025.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 63rd Leg., R.S., Ch. 513, Sec. 20 (part).) |
|
|
[Sections 1025.008-1025.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1025.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected from the district at large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(c) (part).) |
|
|
Sec.1025.052.NOTICE OF ELECTION. At least 30 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper or newspapers that |
|
|
individually or collectively have general circulation in the |
|
|
district. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(c) (part).) |
|
|
Sec.1025.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 10 voters; and |
|
|
(2) filed at least 30 days before the date of the |
|
|
election. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(c) (part).) |
|
|
Sec.1025.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; |
|
|
(2) a qualified voter; and |
|
|
(3) a freeholder. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; or |
|
|
(2) a district employee. (Acts 63rd Leg., R.S., Ch. |
|
|
513, Sec. 4(d).) |
|
|
Sec.1025.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 63rd Leg., R.S., Ch. 513, |
|
|
Sec. 4(c) (part).) |
|
|
Sec.1025.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(e) (part).) |
|
|
Sec.1025.057.COMPENSATION; EXPENSES. 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. (Acts 63rd Leg., R.S., Ch. |
|
|
513, Sec. 4(e) (part).) |
|
|
Sec.1025.058.QUORUM. Any five directors constitute a |
|
|
quorum. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(e) (part).) |
|
|
Sec.1025.059.VOTING REQUIREMENT. A concurrence of five |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(e) (part).) |
|
|
Sec. 1025.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 63rd Leg., R.S., Ch. 513, Sec. 5 (part).) |
|
|
Sec.1025.061.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 affairs of the district. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Sec. 5 (part).) |
|
|
Sec.1025.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 63rd Leg., R.S., Ch. 513, Secs. 5 (part), 16.) |
|
|
[Sections 1025.063-1025.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1025.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating all hospital facilities for |
|
|
providing medical and hospital care for the district's needy |
|
|
inhabitants. (Acts 63rd Leg., R.S., Ch. 513, Sec. 19 (part).) |
|
|
Sec. 1025.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
|
partly within the district may not impose a tax on district |
|
|
residents or issue bonds or other obligations for hospital purposes |
|
|
or to provide medical care for district residents. (Acts 63rd Leg., |
|
|
R.S., Ch. 513, Sec. 19 (part).) |
|
|
Sec.1025.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 63rd Leg., R.S., Ch. |
|
|
513, Sec. 5 (part).) |
|
|
Sec.1025.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) domiciliary care and treatment of the sick, |
|
|
injured, or geriatric; |
|
|
(2) outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses; |
|
|
(6) domiciliaries and training centers; |
|
|
(7) blood banks; |
|
|
(8) community mental health centers; |
|
|
(9) research centers or laboratories; and |
|
|
(10) any other facilities the board considers |
|
|
necessary for hospital care. (Acts 63rd Leg., R.S., Ch. 513, Secs. |
|
|
2 (part), 10(a) (part).) |
|
|
Sec.1025.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 63rd Leg., R.S., Ch. 513, |
|
|
Sec. 5 (part).) |
|
|
Sec.1025.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Sec. 10(b) (part).) |
|
|
Sec. 1025.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. (Acts 63rd Leg., |
|
|
R.S., Ch. 513, Secs. 10(a) (part), (b) (part).) |
|
|
Sec.1025.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 63rd Leg., R.S., Ch. 513, Sec. |
|
|
14.) |
|
|
Sec.1025.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 63rd Leg., R.S., Ch. 513, |
|
|
Sec. 18.) |
|
|
Sec.1025.110.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of more than $10,000 may be |
|
|
made only after advertising in the manner provided by Chapter 252 |
|
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Sec. 10(b) (part).) |
|
|
Sec.1025.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 63rd Leg., R.S., Ch. 513, Sec. 10(a) |
|
|
(part).) |
|
|
Sec. 1025.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Sec. 5 (part).) |
|
|
Sec. 1025.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district |
|
|
to provide investigatory or other services as to the medical, |
|
|
hospital, or welfare needs of district inhabitants. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Sec. 5 (part).) |
|
|
Sec.1025.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 63rd Leg., R.S., Ch. 513, Sec. 17.) |
|
|
Sec.1025.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 63rd Leg., R.S., Ch. |
|
|
513, Sec. 5 (part).) |
|
|
[Sections 1025.116-1025.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1025.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 63rd Leg., |
|
|
R.S., Ch. 513, Sec. 6 (part).) |
|
|
Sec.1025.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published one time at |
|
|
least 10 days 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 63rd Leg., R.S., Ch. 513, Sec. 6 |
|
|
(part).) |
|
|
Sec.1025.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 63rd Leg., R.S., Ch. 513, Sec. 6 (part).) |
|
|
Sec.1025.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 63rd Leg., R.S., Ch. 513, Sec. 6 (part).) |
|
|
Sec.1025.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Sec. 6 (part).) |
|
|
Sec.1025.156.AUDIT. The board shall have an audit made of |
|
|
the district's financial condition. (Acts 63rd Leg., R.S., Ch. |
|
|
513, Sec. 6 (part).) |
|
|
Sec.1025.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 63rd Leg., R.S., Ch. 513, |
|
|
Sec. 6 (part).) |
|
|
Sec.1025.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 63rd Leg., R.S., Ch. 513, Sec. 6 (part).) |
|
|
Sec.1025.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks in the district to serve as a depository for district |
|
|
money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1025.160(b), 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. |
|
|
(d) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 63rd Leg., R.S., Ch. 513, |
|
|
Sec. 11.) |
|
|
Sec.1025.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1025.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 63rd Leg., R.S., Ch. 513, Secs. 5 |
|
|
(part), 10(b) (part).) |
|
|
[Sections 1025.161-1025.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1025.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 63rd Leg., R.S., Ch. 513, Sec. 7(a) (part).) |
|
|
Sec.1025.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1025.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 63rd Leg., R.S., Ch. 513, Sec. 7(a) (part).) |
|
|
Sec.1025.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 63rd Leg., R.S., Ch. 513, |
|
|
Sec. 7(a) (part).) |
|
|
Sec.1025.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 63rd Leg., R.S., Ch. 513, |
|
|
Sec. 7(c) (part).) |
|
|
Sec.1025.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 63rd Leg., |
|
|
R.S., Ch. 513, Sec. 7(c) (part).) |
|
|
Sec.1025.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
63rd Leg., R.S., Ch. 513, Sec. 9 (part).) |
|
|
Sec.1025.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Secs. 7(a) (part), 7(b) (part), 9 (part).) |
|
|
Sec.1025.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Sec. 21 (part).) |
|
|
[Sections 1025.209-1025.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1025.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The board may not impose a tax to pay the principal of or |
|
|
interest on revenue bonds issued under this chapter. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Secs. 12 (part), 15(a) (part).) |
|
|
Sec.1025.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 63rd |
|
|
Leg., R.S., Ch. 513, Secs. 3(b) (part), 12 (part).) |
|
|
Sec. 1025.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1025.254. |
|
|
(b) The tax assessor-collector of Wichita County shall |
|
|
assess and collect taxes imposed by the district. (Acts 63rd Leg., |
|
|
R.S., Ch. 513, Secs. 15(a) (part), (b) (part).) |
|
|
Sec. 1025.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by a similar resolution. |
|
|
(b) The district tax assessor-collector must: |
|
|
(1) reside in the district; and |
|
|
(2) own real property subject to district taxation. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the term of employment; and |
|
|
(2) compensation. (Acts 63rd Leg., R.S., Ch. 513, |
|
|
Secs. 15(a) (part), (c) (part).) |
|
|
CHAPTER 1026. FARWELL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1026.001. DEFINITIONS |
|
|
Sec. 1026.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1026.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1026.004. DISTRICT TERRITORY |
|
|
Sec. 1026.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1026.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1026.007. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1026.008-1026.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1026.051. BOARD ELECTION; TERMS |
|
|
Sec. 1026.052. NOTICE OF ELECTION |
|
|
Sec. 1026.053. BALLOT PETITION |
|
|
Sec. 1026.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1026.055. BOARD VACANCY |
|
|
Sec. 1026.056. OFFICERS |
|
|
Sec. 1026.057. COMPENSATION; EXPENSES |
|
|
Sec. 1026.058. PETITION TO CHANGE NUMBER OF DIRECTORS |
|
|
Sec. 1026.059. VOTING REQUIREMENT |
|
|
Sec. 1026.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1026.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1026.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
[Sections 1026.063-1026.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1026.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1026.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1026.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1026.104. HOSPITAL SYSTEM |
|
|
Sec. 1026.105. RULES |
|
|
Sec. 1026.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1026.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1026.108. EMINENT DOMAIN |
|
|
Sec. 1026.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1026.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1026.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1026.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1026.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1026.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1026.115. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1026.116. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1026.117-1026.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1026.151. BUDGET |
|
|
Sec. 1026.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1026.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1026.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1026.155. FISCAL YEAR |
|
|
Sec. 1026.156. AUDIT |
|
|
Sec. 1026.157. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1026.158. FINANCIAL REPORT |
|
|
Sec. 1026.159. DEPOSITORY |
|
|
Sec. 1026.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1026.161-1026.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1026.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1026.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1026.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1026.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1026.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1026.206. REVENUE BONDS |
|
|
Sec. 1026.207. REFUNDING BONDS |
|
|
Sec. 1026.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1026.209-1026.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1026.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1026.252. TAX RATE |
|
|
Sec. 1026.253. ASSESSMENT AND COLLECTION BY SCHOOL |
|
|
DISTRICT ASSESSOR-COLLECTOR |
|
|
Sec. 1026.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
Sec. 1026.255. ASSESSMENT AND COLLECTION BY TAX |
|
|
ASSESSOR-COLLECTOR OF ANOTHER |
|
|
POLITICAL SUBDIVISION |
|
|
CHAPTER 1026. FARWELL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1026.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Farwell Hospital District. |
|
|
(New.) |
|
|
Sec.1026.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution, and has the rights, powers, and duties provided by |
|
|
this chapter. (Acts 64th Leg., R.S., Ch. 73, Sec. 1 (part).) |
|
|
Sec.1026.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 64th Leg., R.S., Ch. 73, Sec. 21 (part).) |
|
|
Sec.1026.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of the Farwell |
|
|
Independent School District in Parmer County, Texas, as those |
|
|
boundaries existed on January 1, 1975. (Acts 64th Leg., R.S., Ch. |
|
|
73, Sec. 1 (part).) |
|
|
Sec.1026.005.CORRECTION OF INVALID PROCEDURES. If a court |
|
|
holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 64th Leg., R.S., Ch. 73, Sec. 23 (part).) |
|
|
Sec. 1026.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 20 (part).) |
|
|
Sec.1026.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 64th Leg., R.S., Ch. 73, Sec. 20 (part).) |
|
|
[Sections 1026.008-1026.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1026.051.BOARD ELECTION; TERMS. (a) The board |
|
|
consists of nine directors elected from the district at large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(c) (part).) |
|
|
Sec.1026.052.NOTICE OF ELECTION. At least 30 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper or newspapers that |
|
|
individually or collectively have general circulation in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(c) (part).) |
|
|
Sec.1026.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 10 qualified taxpaying voters; |
|
|
and |
|
|
(2) filed at least 30 days before the date of the |
|
|
election. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(c) (part).) |
|
|
Sec.1026.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be appointed or elected as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; |
|
|
(2) a district employee; or |
|
|
(3) a member of the staff of the hospital. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 4(d).) |
|
|
Sec.1026.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 73, Sec. |
|
|
4(c) (part).) |
|
|
Sec.1026.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(e) (part).) |
|
|
Sec.1026.057.COMPENSATION; EXPENSES. 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. (Acts 64th Leg., R.S., Ch. |
|
|
73, Sec. 4(e) (part).) |
|
|
Sec.1026.058.PETITION TO CHANGE NUMBER OF DIRECTORS. (a) |
|
|
A petition to increase or decrease the number of directors by one or |
|
|
two directors may be presented to the board at any time. |
|
|
(b) A petition to increase or decrease the number of |
|
|
directors must: |
|
|
(1) be executed by at least 100 registered voters of |
|
|
the district; and |
|
|
(2) suggest the number of directors the petitioners |
|
|
believe are required for the orderly administration of district |
|
|
affairs. |
|
|
(c) Not later than the 90th day after the date a proper |
|
|
petition is presented to the board, the board shall order an |
|
|
election on the question of changing the number of directors to a |
|
|
number not to exceed the number suggested by the petition. |
|
|
(d) The order calling the election shall provide for |
|
|
election officials as in county elections and must specify: |
|
|
(1) the date of the election; and |
|
|
(2) the location of the polling places. |
|
|
(e) Notice of the election shall be published as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(f) The ballot for the election shall be printed to permit |
|
|
voting for or against the proposition: "Providing for an increase |
|
|
(decrease) in the number of directors of the Farwell Hospital |
|
|
District." |
|
|
(g) If a proposition to increase the number of directors is |
|
|
approved by a majority of the voters participating in the election: |
|
|
(1) each director in office shall continue to serve |
|
|
for the term for which the director was elected or appointed; and |
|
|
(2) the board shall appoint any additional directors |
|
|
to serve until the next regular election of directors, at which time |
|
|
a successor shall be elected. |
|
|
(h) If a proposition to decrease the number of directors is |
|
|
approved by a majority of the voters participating in the election: |
|
|
(1) the reduction takes effect at the next regular |
|
|
election or election of directors; and |
|
|
(2) not more than one position may be deleted at each |
|
|
election. |
|
|
(i) Another election for the same purpose may not be held |
|
|
before the third anniversary of the date of an election under this |
|
|
section. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(f) (part).) |
|
|
Sec.1026.059.VOTING REQUIREMENT. A concurrence of five |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(e) (part).) |
|
|
Sec. 1026.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 64th Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
|
Sec.1026.061.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 affairs of the district. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
|
Sec.1026.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 64th Leg., R.S., Ch. 73, Secs. 5 (part), 16.) |
|
|
[Sections 1026.063-1026.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1026.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating all hospital facilities for |
|
|
providing hospital care for the district's needy inhabitants. (Acts |
|
|
64th Leg., R.S., Ch. 73, Sec. 19 (part).) |
|
|
Sec. 1026.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes or to provide medical care for district |
|
|
inhabitants. (Acts 64th Leg., R.S., Ch. 73, Sec. 19 (part).) |
|
|
Sec.1026.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 64th Leg., R.S., Ch. |
|
|
73, Sec. 5 (part).) |
|
|
Sec.1026.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) domiciliary care and treatment of the sick, |
|
|
injured, or geriatric; |
|
|
(2) outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses; |
|
|
(6) domiciliaries and training centers; |
|
|
(7) blood banks; |
|
|
(8) community mental health centers; |
|
|
(9) research centers or laboratories; and |
|
|
(10) any other facilities the board considers |
|
|
necessary for hospital or extended medical care. (Acts 64th Leg., |
|
|
R.S., Ch. 73, Secs. 2 (part), 10 (part).) |
|
|
Sec.1026.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 64th Leg., R.S., Ch. 73, Sec. |
|
|
5 (part).) |
|
|
Sec.1026.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 10 (part).) |
|
|
Sec. 1026.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The board may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The board may sell or otherwise dispose of any property, |
|
|
including equipment, on terms the board finds are in the best |
|
|
interest of the district's inhabitants. (Acts 64th Leg., R.S., Ch. |
|
|
73, Sec. 10 (part).) |
|
|
Sec.1026.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 64th Leg., R.S., Ch. 73, Sec. 14.) |
|
|
Sec.1026.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the directors, |
|
|
limitations, or other provisions prescribed in writing by the donor |
|
|
that are not inconsistent with the proper management and objectives |
|
|
of the district. (Acts 64th Leg., R.S., Ch. 73, Sec. 18.) |
|
|
Sec.1026.110.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of more than $10,000 may be |
|
|
made only after advertising in the manner provided by Chapter 252 |
|
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 10 (part).) |
|
|
Sec.1026.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 64th Leg., R.S., Ch. 73, Sec. 10 |
|
|
(part).) |
|
|
Sec. 1026.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
|
Sec. 1026.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory or other services as to the medical, |
|
|
hospital, or welfare needs of district inhabitants. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
|
Sec.1026.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient is admitted to a district facility, the district |
|
|
administrator may have an inquiry made into the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) Except as otherwise provided by this chapter, if the |
|
|
district administrator determines that the patient or those |
|
|
relatives cannot pay all or part of the costs of the care and |
|
|
treatment in the hospital, the amount of the costs that cannot be |
|
|
paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 64th Leg., R.S., Ch. 73, Sec. 17.) |
|
|
Sec.1026.115.REIMBURSEMENT FOR SERVICES. If the district |
|
|
provides care or treatment for a sick or injured person who is not a |
|
|
district resident, the district may collect the reasonable value of |
|
|
the hospital care from a political subdivision responsible for that |
|
|
care. Venue in any court proceeding is in Parmer County. (Acts |
|
|
64th Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
|
Sec.1026.116.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 64th Leg., R.S., Ch. |
|
|
73, Sec. 5 (part).) |
|
|
[Sections 1026.117-1026.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1026.151.BUDGET. (a) The district administrator or, |
|
|
if there is none, the president of the board shall prepare an annual |
|
|
budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 64th Leg., |
|
|
R.S., Ch. 73, Sec. 6 (part).) |
|
|
Sec.1026.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published one time at |
|
|
least 10 days before the date of the hearing. |
|
|
(c) Any district taxpayer is entitled to be present and |
|
|
participate in the hearing. |
|
|
(d) At the conclusion of the hearing, the board shall adopt |
|
|
a budget by acting on the proposed budget. The board may make |
|
|
changes in the proposed budget that the board judges to be in the |
|
|
interest of the taxpayers and that the law warrants. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
|
Sec.1026.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 64th Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
|
Sec.1026.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 64th Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
|
Sec.1026.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed more than once in a |
|
|
24-month period. (Acts 64th Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
|
Sec.1026.156.AUDIT. The board shall have an audit made of |
|
|
the district's financial condition. (Acts 64th Leg., R.S., Ch. 73, |
|
|
Sec. 6 (part).) |
|
|
Sec.1026.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 64th Leg., R.S., Ch. 73, |
|
|
Sec. 6 (part).) |
|
|
Sec.1026.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 64th Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
|
Sec.1026.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1026.160(b) and money transmitted to a bank for payment of |
|
|
bonds or obligations issued by the district, shall be deposited as |
|
|
received with the depository bank and shall remain on deposit. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. (Acts 64th Leg., |
|
|
R.S., Ch. 73, Sec. 11.) |
|
|
Sec.1026.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1026.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 64th Leg., R.S., Ch. 73, Secs. 5 |
|
|
(part), 10 (part).) |
|
|
[Sections 1026.161-1026.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1026.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings and improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 64th Leg., R.S., Ch. 73, Sec. 7 (part).) |
|
|
Sec.1026.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1026.201, the board shall impose an ad valorem tax at a rate |
|
|
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 may not in any year |
|
|
exceed 75 cents on each $100 valuation of all taxable property in |
|
|
the district. (Acts 64th Leg., R.S., Ch. 73, Sec. 7 (part).) |
|
|
Sec.1026.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judge for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(c) Notice of a bond election shall be published in a |
|
|
newspaper as provided by Section 1251.003, Government Code. (Acts |
|
|
64th Leg., R.S., Ch. 73, Sec. 7 (part).) |
|
|
Sec.1026.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 73, |
|
|
Sec. 7 (part).) |
|
|
Sec.1026.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 64th Leg., |
|
|
R.S., Ch. 73, Sec. 7 (part).) |
|
|
Sec.1026.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
64th Leg., R.S., Ch. 73, Sec. 9 (part).) |
|
|
Sec.1026.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Secs. 7 (part), 9 (part).) |
|
|
Sec.1026.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Sec. 21 (part).) |
|
|
[Sections 1026.209-1026.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1026.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to pay: |
|
|
(1) indebtedness issued by the district; and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Secs. 12 (part), 15(a) (part).) |
|
|
Sec.1026.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 64th |
|
|
Leg., R.S., Ch. 73, Secs. 3 (part), 12 (part).) |
|
|
Sec. 1026.253. ASSESSMENT AND COLLECTION BY SCHOOL DISTRICT |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1026.254 |
|
|
or 1026.255. |
|
|
(b) The tax assessor-collector of the Farwell Independent |
|
|
School District shall assess and collect taxes imposed by the |
|
|
district. (Acts 64th Leg., R.S., Ch. 73, Secs. 15(a) (part), (b) |
|
|
(part).) |
|
|
Sec. 1026.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by a similar resolution. |
|
|
(b) The district tax assessor-collector must: |
|
|
(1) reside in the district; and |
|
|
(2) own real property subject to district taxation. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the term of employment; and |
|
|
(2) compensation. (Acts 64th Leg., R.S., Ch. 73, |
|
|
Secs. 15(a) (part), (c) (part).) |
|
|
Sec. 1026.255. ASSESSMENT AND COLLECTION BY TAX |
|
|
ASSESSOR-COLLECTOR OF ANOTHER POLITICAL SUBDIVISION. (a) The |
|
|
board may elect to have district taxes assessed and collected by the |
|
|
tax assessor-collector of a political subdivision located wholly or |
|
|
partly in the district. An election under this subsection must be |
|
|
made by December 1 and governs the manner in which taxes are |
|
|
assessed and collected, until changed by a similar resolution. |
|
|
(b) The tax assessor-collector of the political subdivision |
|
|
shall assess and collect the appropriate district taxes in |
|
|
accordance with the board's election under Subsection (a). (Acts |
|
|
64th Leg., R.S., Ch. 73, Secs. 15(a) (part), (d) (part).) |
|
|
CHAPTER 1027. FISHER COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1027.001. DEFINITIONS |
|
|
Sec. 1027.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1027.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1027.004. DISTRICT TERRITORY |
|
|
Sec. 1027.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1027.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
[Sections 1027.007-1027.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1027.051. BOARD ELECTION; TERM |
|
|
Sec. 1027.052. CHANGE IN ELECTION FORMAT |
|
|
Sec. 1027.053. NOTICE OF ELECTION |
|
|
Sec. 1027.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1027.055. BOARD VACANCY |
|
|
Sec. 1027.056. OFFICERS |
|
|
Sec. 1027.057. COMPENSATION; EXPENSES |
|
|
Sec. 1027.058. VOTING REQUIREMENT |
|
|
Sec. 1027.059. DISTRICT ADMINISTRATOR |
|
|
Sec. 1027.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1027.061. APPOINTMENT AND RECRUITMENT OF STAFF |
|
|
AND EMPLOYEES |
|
|
[Sections 1027.062-1027.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1027.101. DISTRICT RESPONSIBILITY AND AUTHORITY |
|
|
Sec. 1027.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1027.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1027.104. HOSPITAL SYSTEM |
|
|
Sec. 1027.105. RULES |
|
|
Sec. 1027.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1027.107. PROVISION OF CERTAIN HEALTH SERVICES |
|
|
Sec. 1027.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1027.109. EMINENT DOMAIN |
|
|
Sec. 1027.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1027.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1027.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1027.113. CONTRACTS FOR CARE AND TREATMENT |
|
|
Sec. 1027.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1027.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1027.116. AUTHORITY TO SUE AND BE SUED |
|
|
Sec. 1027.117. AUTHORITY TO PROVIDE HEALTH CARE |
|
|
SERVICES |
|
|
[Sections 1027.118-1027.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1027.151. BUDGET |
|
|
Sec. 1027.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1027.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1027.154. FISCAL YEAR |
|
|
Sec. 1027.155. AUDIT |
|
|
Sec. 1027.156. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1027.157. FINANCIAL REPORT |
|
|
Sec. 1027.158. DEPOSITORY |
|
|
Sec. 1027.159. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1027.160. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
|
SECURITY |
|
|
[Sections 1027.161-1027.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1027.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1027.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1027.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1027.204. REVENUE BONDS |
|
|
Sec. 1027.205. REFUNDING BONDS |
|
|
Sec. 1027.206. MATURITY OF BONDS |
|
|
Sec. 1027.207. EXECUTION OF BONDS |
|
|
Sec. 1027.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1027.209-1027.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1027.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1027.252. TAX RATE |
|
|
Sec. 1027.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1027.254-1027.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1027.301. DISSOLUTION; ELECTION |
|
|
Sec. 1027.302. NOTICE OF ELECTION |
|
|
Sec. 1027.303. BALLOT |
|
|
Sec. 1027.304. ELECTION RESULTS |
|
|
Sec. 1027.305. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
CHAPTER 1027. FISHER COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1027.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Fisher County Hospital |
|
|
District. (New.) |
|
|
Sec.1027.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution, and has the rights, powers, and duties provided by |
|
|
this chapter. (Acts 63rd Leg., R.S., Ch. 448, Sec. 1 (part).) |
|
|
Sec.1027.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 63rd Leg., R.S., Ch. 448, Sec. 22 (part).) |
|
|
Sec.1027.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Fisher County, |
|
|
Texas. (Acts 63rd Leg., R.S., Ch. 448, Sec. 1 (part).) |
|
|
Sec.1027.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms to |
|
|
the constitution. (Acts 63rd Leg., R.S., Ch. 448, Sec. 24 (part).) |
|
|
Sec. 1027.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support or maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Sec. 21 (part).) |
|
|
[Sections 1027.007-1027.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1027.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of five directors elected from the district at large |
|
|
unless the board changes the method for electing directors under |
|
|
Section 1027.052. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) three directors are elected in one year and two |
|
|
directors are elected the following year. |
|
|
(c) An election shall be held on the uniform election date |
|
|
in May of each year to elect the appropriate number of directors. |
|
|
(d) The board shall announce the election results. (Acts |
|
|
63rd Leg., R.S., Ch. 448, Secs. 4(a) (part), (c) (part), (f), (i) |
|
|
(part); Acts 64th Leg., R.S., Ch. 313, Sec. 2.) |
|
|
Sec.1027.052.CHANGE IN ELECTION FORMAT. (a) On its own |
|
|
initiative or on receipt of a petition signed by a number of |
|
|
district residents equal to at least 10 percent of the district's |
|
|
registered voters, the board by order shall seek input from |
|
|
district residents to determine whether to change the method of |
|
|
electing directors under this chapter to one of the following |
|
|
methods: |
|
|
(1) four single-member districts and one at-large |
|
|
member; |
|
|
(2) five single-member districts; |
|
|
(3) four single-member districts, with each district |
|
|
coextensive with a county commissioner's precinct, and one at-large |
|
|
member; or |
|
|
(4) cumulative voting. |
|
|
(b) Not later than the 30th day after the date the board |
|
|
enters the order, the board shall establish an advisory committee |
|
|
composed of district residents to advise and assist the board in |
|
|
making the determination required by Subsection (a). Committee |
|
|
members must represent all segments of the district's population. |
|
|
(c) Not later than the 60th day after the date the advisory |
|
|
committee is established, the committee shall hold a public hearing |
|
|
regarding the proposed change in the election format. Not later |
|
|
than the 30th day after the date the public hearing is held, the |
|
|
committee shall submit a recommendation to the board that includes |
|
|
comments and concerns raised by district residents regarding any |
|
|
proposed change in the election format. |
|
|
(d) After reviewing the advisory committee recommendation, |
|
|
the board may adopt an order changing the method by which directors |
|
|
are elected. |
|
|
(e) A change in the election format adopted by the board |
|
|
under this section shall be implemented at the next general |
|
|
directors' election for which the change can be implemented |
|
|
consistently with the Election Code and federal law. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Sec. 4A.) |
|
|
Sec.1027.053.NOTICE OF ELECTION. (a) At least 35 days |
|
|
before the date of an election of directors, notice of the election |
|
|
shall be published one time in a newspaper of general circulation in |
|
|
the district. |
|
|
(b) The election notice shall state: |
|
|
(1) the purpose of the election; |
|
|
(2) the date of the election; and |
|
|
(3) the location of the polling places. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Sec. 4(c) (part).) |
|
|
Sec.1027.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not serve as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; or |
|
|
(2) a district employee. (Acts 63rd Leg., R.S., Ch. |
|
|
448, Sec. 4(b) (part).) |
|
|
Sec.1027.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 63rd Leg., R.S., Ch. 448, |
|
|
Sec. 4(a) (part).) |
|
|
Sec.1027.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 63rd Leg., R.S., Ch. 448, Sec. 4(j) (part).) |
|
|
Sec.1027.057.COMPENSATION; EXPENSES. 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. (Acts 63rd Leg., R.S., Ch. |
|
|
448, Sec. 4(j) (part).) |
|
|
Sec.1027.058.VOTING REQUIREMENT. A concurrence of three |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 63rd Leg., R.S., Ch. 448, Sec. 4(j) (part).) |
|
|
Sec.1027.059.DISTRICT ADMINISTRATOR. (a) The board shall |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(d) The cost of the bond is the responsibility of the |
|
|
district. (Acts 63rd Leg., R.S., Ch. 448, Sec. 5(b) (part).) |
|
|
Sec.1027.060.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 affairs of the district. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Sec. 5(b) (part).) |
|
|
Sec. 1027.061. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
|
board considers necessary for the efficient operation of the |
|
|
district and may make temporary appointments as necessary. |
|
|
(b) The board shall determine the type, number, and location |
|
|
of district employees required to maintain an adequate hospital |
|
|
system. The board may employ fiscal agents, accountants, |
|
|
architects, attorneys, and other employees the board considers |
|
|
proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to: |
|
|
(1) hire district employees, including medical |
|
|
practitioners, technicians, and nurses; and |
|
|
(2) incur reasonable and necessary expenses relating |
|
|
to the search, recruitment, and hiring of medical practitioners and |
|
|
district employees, including contracting with a private entity |
|
|
such as a professional recruiting service. (Acts 63rd Leg., R.S., |
|
|
Ch. 448, Secs. 5(c), 10(a) (part), 17.) |
|
|
[Sections 1027.062-1027.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1027.101.DISTRICT RESPONSIBILITY AND AUTHORITY. The |
|
|
district has full responsibility for: |
|
|
(1) operating hospital facilities and furnishing |
|
|
medical and hospital care for the district's needy residents; and |
|
|
(2) providing hospital care for the district's |
|
|
indigent residents. (Acts 63rd Leg., R.S., Ch. 448, Secs. 2 (part), |
|
|
20 (part).) |
|
|
Sec. 1027.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes or to provide medical care. (Acts 63rd Leg., |
|
|
R.S., Ch. 448, Sec. 20 (part).) |
|
|
Sec.1027.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
(a) The board shall manage, control, and administer the hospital |
|
|
system and the district's money and resources. |
|
|
(b) Unless specifically stated otherwise in this chapter, |
|
|
the board has the power to do anything which, in their opinion, is |
|
|
necessary for the good maintenance, operation, and welfare of the |
|
|
district and the district's employees, patients, and property. |
|
|
(Acts 63rd Leg., R.S., Ch. 448, Secs. 5(a) (part), 21 (part).) |
|
|
Sec.1027.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) facilities for domiciliary care of the sick, |
|
|
injured, or geriatric; |
|
|
(2) facilities for outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses' domiciliaries and training |
|
|
centers; |
|
|
(6) blood banks; |
|
|
(7) research centers and laboratories; and |
|
|
(8) ambulance and other facilities or services the |
|
|
board considers necessary for hospital care. (Acts 63rd Leg., |
|
|
R.S., Ch. 448, Secs. 2 (part), 10(a) (part).) |
|
|
Sec.1027.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 63rd Leg., R.S., Ch. 448, |
|
|
Sec. 5(a) (part).) |
|
|
Sec.1027.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Sec. 11 (part).) |
|
|
Sec.1027.107.PROVISION OF CERTAIN HEALTH SERVICES. In |
|
|
the geographic service area designated by the board, the district |
|
|
may operate or provide for: |
|
|
(1) the operation of a mobile emergency medical |
|
|
service; and |
|
|
(2) home health services, long-term care services, |
|
|
skilled nursing care services, intermediate nursing care services, |
|
|
assisted living services, hospice care, or other health-related |
|
|
services. (Acts 63rd Leg., R.S., Ch. 448, Sec. 2 (part).) |
|
|
Sec. 1027.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type of equipment and |
|
|
the type, number, and location of buildings required to maintain an |
|
|
adequate hospital system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. The board may not sell |
|
|
or dispose of any real property unless the board affirmatively |
|
|
finds that the real property is not needed for the operation of the |
|
|
hospital system. (Acts 63rd Leg., R.S., Ch. 448, Secs. 10(a) |
|
|
(part), (b) (part), 11 (part).) |
|
|
Sec.1027.109.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary for the district to exercise |
|
|
a power, right, or privilege conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 63rd Leg., R.S., Ch. 448, Sec. |
|
|
15.) |
|
|
Sec.1027.110.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objective of the district. (Acts 63rd Leg., R.S., Ch. 448, Sec. |
|
|
19.) |
|
|
Sec.1027.111.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of more than $10,000 may be |
|
|
made only after advertising in the manner provided by Chapter 252, |
|
|
Local Government Code. (Acts 63rd Leg., R.S., Ch. 448, Sec. 11 |
|
|
(part).) |
|
|
Sec.1027.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 63rd Leg., R.S., Ch. 448, Sec. 10(b) |
|
|
(part).) |
|
|
Sec.1027.113.CONTRACTS FOR CARE AND TREATMENT. (a) The |
|
|
board may contract with a political subdivision of this state or a |
|
|
public or private hospital, private corporation, partnership, or |
|
|
cooperative, located inside or outside the district, for the care |
|
|
and treatment of a sick or injured person of the political |
|
|
subdivision. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Sec. 5(d) (part).) |
|
|
Sec. 1027.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory or other services as to the medical, |
|
|
hospital, or welfare needs of district inhabitants. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Sec. 5(d) (part).) |
|
|
Sec.1027.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) The final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 63rd Leg., R.S., Ch. 448, Sec. 18.) |
|
|
Sec.1027.116.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 63rd Leg., R.S., Ch. |
|
|
448, Sec. 5(a) (part).) |
|
|
Sec.1027.117.AUTHORITY TO PROVIDE HEALTH CARE SERVICES. |
|
|
(a) In this section, "health care services" includes: |
|
|
(1) home health care services; |
|
|
(2) respiratory or physical therapy services; |
|
|
(3) mobile emergency medical services; and |
|
|
(4) clinic services. |
|
|
(b) This chapter does not limit the district in providing |
|
|
health care services to any ill or injured person, regardless of |
|
|
whether the person is a district resident. (Acts 63rd Leg., R.S., |
|
|
Ch. 448, Sec. 5(e).) |
|
|
[Sections 1027.118-1027.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1027.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the amount of cash on hand in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 63rd Leg., |
|
|
R.S., Ch. 448, Sec. 6(a) (part).) |
|
|
Sec.1027.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) At least 10 days before the date of the hearing, notice |
|
|
of the hearing shall be published one time in a newspaper or |
|
|
newspapers that individually or collectively have general |
|
|
circulation in the district. |
|
|
(c) Any property tax payer of the district is entitled to be |
|
|
present and participate at the hearing in accordance with the rules |
|
|
of decorum and procedures prescribed by the board. |
|
|
(d) At the conclusion of the hearing, the board shall adopt |
|
|
a final budget by acting on the budget proposed by the district |
|
|
administrator. The board may make any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 63rd Leg., R.S., Ch. 448, Secs. |
|
|
6(b), (c) (part).) |
|
|
Sec.1027.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 63rd Leg., R.S., Ch. 448, Sec. 6(c) (part).) |
|
|
Sec.1027.154.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed more than once in a |
|
|
24-month period. (Acts 63rd Leg., R.S., Ch. 448, Sec. 6(a) (part).) |
|
|
Sec.1027.155.AUDIT. (a) The board shall have an |
|
|
independent audit made of the district's financial condition for |
|
|
the fiscal year. |
|
|
(b) As soon as it is completed, the audit shall be filed at |
|
|
the district's office. (Acts 63rd Leg., R.S., Ch. 448, Sec. 6(a) |
|
|
(part).) |
|
|
Sec.1027.156.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 63rd Leg., R.S., Ch. 448, |
|
|
Sec. 6(a) (part).) |
|
|
Sec.1027.157.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 63rd Leg., R.S., Ch. 448, Sec. 6(c) (part).) |
|
|
Sec.1027.158.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1027.159(b), 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. |
|
|
(d) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 63rd Leg., R.S., Ch. 448, |
|
|
Sec. 12.) |
|
|
Sec.1027.159.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1027.108(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building fund reserves only in funds or securities specified by |
|
|
Chapter 2256, Government Code. (Acts 63rd Leg., R.S., Ch. 448, |
|
|
Secs. 5(a) (part), 11 (part).) |
|
|
Sec. 1027.160. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
|
SECURITY. (a) The board may borrow money at a rate not to exceed |
|
|
the maximum annual percentage rate allowed by law for district |
|
|
obligations at the time the loan is made if the board declares that: |
|
|
(1) money is not available to meet authorized |
|
|
obligations of the district; and |
|
|
(2) an emergency exists. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) district taxes to be imposed by the district |
|
|
during the 12-month period following the date of the pledge that are |
|
|
not pledged to pay the principal of or interest on district bonds; |
|
|
or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. (Acts 63rd Leg., R.S., Ch. 448, Sec. 17A.) |
|
|
[Sections 1027.161-1027.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1027.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose designed to provide, |
|
|
improve, or expand the district's health care services, including: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes; and |
|
|
(3) the acquisition and operation of a mobile |
|
|
emergency medical service. (Acts 63rd Leg., R.S., Ch. 448, Sec. 7 |
|
|
(part).) |
|
|
Sec.1027.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1027.201, the board shall impose an ad valorem tax at a rate |
|
|
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 may not in any year exceed the tax rate |
|
|
approved by the voters at the election authorizing the imposition |
|
|
of the tax. (Acts 63rd Leg., R.S., Ch. 448, Sec. 7 (part).) |
|
|
Sec.1027.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum maturity of the bonds; and |
|
|
(6) the maximum interest rate of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 63rd Leg., R.S., Ch. 448, |
|
|
Sec. 7 (part).) |
|
|
Sec.1027.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
63rd Leg., R.S., Ch. 448, Sec. 8(b) (part).) |
|
|
Sec.1027.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Secs. 8(a) (part), (b) (part).) |
|
|
Sec.1027.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
63rd Leg., R.S., Ch. 448, Sec. 9 (part).) |
|
|
Sec.1027.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute district bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 63rd Leg., |
|
|
R.S., Ch. 448, Sec. 9 (part).) |
|
|
Sec.1027.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Sec. 22 (part).) |
|
|
[Sections 1027.209-1027.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1027.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
annually shall impose a tax on all property in the district subject |
|
|
to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds and other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system, based on the final budget; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 63rd Leg., R.S., Ch. 448, |
|
|
Secs. 3(b) (part), 13(a) (part).) |
|
|
Sec.1027.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 63rd |
|
|
Leg., R.S., Ch. 448, Secs. 3(b) (part), 13(a) (part), (b) (part).) |
|
|
Sec.1027.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 63rd Leg., R.S., Ch. 448, Sec. |
|
|
16(c).) |
|
|
[Sections 1027.254-1027.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1027.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved and its assets and obligations sold or transferred |
|
|
to another person only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and disposing of the district's assets and |
|
|
obligations. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by at least 300 |
|
|
registered district voters according to the most recent official |
|
|
list of registered voters. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 63rd Leg., R.S., Ch. |
|
|
448, Secs. 23A(a), (b), (c) (part), (d), (f) (part).) |
|
|
Sec.1027.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper with general circulation in the district. |
|
|
(b) The first publication of the notice must appear at least |
|
|
35 days before the date set for the election. (Acts 63rd Leg., |
|
|
R.S., Ch. 448, Sec. 23A(e).) |
|
|
Sec.1027.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Fisher County Hospital |
|
|
District and the _________ (transfer or sale, as appropriate) of |
|
|
its assets and liabilities in the following manner: _________." |
|
|
(Acts 63rd Leg., R.S., Ch. 448, Sec. 23A(g).) |
|
|
Sec.1027.304.ELECTION RESULTS. (a) If the board finds |
|
|
the election results favor the proposition to dissolve the |
|
|
district, the board shall: |
|
|
(1) issue an order declaring the district dissolved; |
|
|
and |
|
|
(2) proceed with the sale or transfer of the district's |
|
|
assets and liabilities according to the plan proposed on the |
|
|
ballot. |
|
|
(b) If the board finds the election results do not favor the |
|
|
proposition to dissolve the district, the board shall continue to |
|
|
administer the district and another dissolution election may not be |
|
|
held before the first anniversary of the date of the election in |
|
|
which voters disapproved the proposition. (Acts 63rd Leg., R.S., |
|
|
Ch. 448, Sec. 23A(h) (part).) |
|
|
Sec.1027.305.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The district may not be dissolved unless the board provides for |
|
|
the sale or transfer of the district's assets and liabilities to |
|
|
another person. |
|
|
(b) The dissolution of the district and the sale or transfer |
|
|
of the district's assets or liabilities may not: |
|
|
(1) contravene a trust indenture or bond resolution |
|
|
relating to the district's outstanding bonds; or |
|
|
(2) diminish or impair the rights of a holder of an |
|
|
outstanding bond, warrant, or other obligation of the district. |
|
|
(c) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of district |
|
|
residents, including the residents' collective property rights in |
|
|
the district's assets. |
|
|
(d) The district may transfer or sell the district's assets |
|
|
only for due compensation, unless the transfer or sale is made to |
|
|
another governmental agency serving the district and using the |
|
|
transferred or purchased assets for the benefit of the residents |
|
|
formerly in the district. |
|
|
(e) A grant from federal funds is an obligation to be repaid |
|
|
in full. (Acts 63rd Leg., R.S., Ch. 448, Secs. 23A(i), (j), (k).) |
|
|
CHAPTER 1028. FOARD COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1028.001. DEFINITIONS |
|
|
Sec. 1028.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1028.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1028.004. DISTRICT TERRITORY |
|
|
Sec. 1028.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1028.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1028.007-1028.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1028.051. BOARD ELECTION; TERMS |
|
|
Sec. 1028.052. NOTICE OF ELECTION |
|
|
Sec. 1028.053. BALLOT PETITION |
|
|
Sec. 1028.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1028.055. BOND |
|
|
Sec. 1028.056. BOARD VACANCY |
|
|
Sec. 1028.057. OFFICERS |
|
|
Sec. 1028.058. COMPENSATION; EXPENSES |
|
|
Sec. 1028.059. VOTING REQUIREMENT |
|
|
Sec. 1028.060. DISTRICT ADMINISTRATOR |
|
|
Sec. 1028.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1028.062. ASSISTANT DISTRICT ADMINISTRATOR; |
|
|
ATTORNEY |
|
|
Sec. 1028.063. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1028.064. RETIREMENT BENEFITS |
|
|
[Sections 1028.065-1028.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1028.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1028.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
|
Sec. 1028.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1028.104. RULES |
|
|
Sec. 1028.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1028.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
|
Sec. 1028.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1028.108. EMINENT DOMAIN |
|
|
Sec. 1028.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1028.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1028.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1028.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1028.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1028.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1028.115. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1028.116. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1028.117-1028.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1028.151. BUDGET |
|
|
Sec. 1028.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1028.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1028.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1028.155. FISCAL YEAR |
|
|
Sec. 1028.156. ANNUAL AUDIT |
|
|
Sec. 1028.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1028.158. FINANCIAL REPORT |
|
|
Sec. 1028.159. DEPOSITORY |
|
|
Sec. 1028.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1028.161-1028.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1028.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1028.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1028.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1028.204. REVENUE BONDS |
|
|
Sec. 1028.205. REFUNDING BONDS |
|
|
Sec. 1028.206. MATURITY OF BONDS |
|
|
Sec. 1028.207. EXECUTION OF BONDS |
|
|
Sec. 1028.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1028.209-1028.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1028.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1028.252. TAX RATE |
|
|
Sec. 1028.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1028. FOARD COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1028.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Foard County Hospital |
|
|
District. (Acts 68th Leg., R.S., Ch. 680, Sec. 1.01.) |
|
|
Sec.1028.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 68th Leg., R.S., Ch. 680, |
|
|
Sec. 1.02.) |
|
|
Sec.1028.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
68th Leg., R.S., Ch. 680, Sec. 7.11 (part).) |
|
|
Sec.1028.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Foard County, |
|
|
Texas. (Acts 68th Leg., R.S., Ch. 680, Sec. 1.03.) |
|
|
Sec. 1028.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not become obligated for the support or |
|
|
maintenance of the district. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
|
9.01 (part).) |
|
|
Sec.1028.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 68th Leg., R.S., Ch. 680, Sec. 9.01 (part).) |
|
|
[Sections 1028.007-1028.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1028.051.BOARD ELECTION; TERMS. (a) The district is |
|
|
governed by a board of seven directors elected from the district at |
|
|
large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 68th Leg., R.S., Ch. 680, Secs. 4.01(a), |
|
|
4.03(a), (c).) |
|
|
Sec.1028.052.NOTICE OF ELECTION. At least 50 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper with general circulation in the |
|
|
district. (Acts 68th Leg., R.S., Ch. 680, Sec. 4.04.) |
|
|
Sec.1028.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 15 registered voters of the |
|
|
district, as determined by the most recent official lists of |
|
|
registered voters; and |
|
|
(2) filed not later than the 46th day before the date |
|
|
of the election. (Acts 68th Leg., R.S., Ch. 680, Sec. 4.05.) |
|
|
Sec.1028.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be a candidate for or to serve as a director, a person |
|
|
must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A district employee may not serve as a director. (Acts |
|
|
68th Leg., R.S., Ch. 680, Sec. 4.06.) |
|
|
Sec.1028.055.BOND. (a) Before assuming the duties of |
|
|
office, each director must execute a bond for $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The board may pay for a director's bond with district |
|
|
money. |
|
|
(c) Each director's bond shall be kept in the district's |
|
|
permanent records. (Acts 68th Leg., R.S., Ch. 680, Sec. 4.07.) |
|
|
Sec.1028.056.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 68th Leg., R.S., Ch. 680, |
|
|
Sec. 4.08.) |
|
|
Sec.1028.057.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 68th Leg., R.S., Ch. 680, Secs. 4.09, 4.10.) |
|
|
Sec.1028.058.COMPENSATION; EXPENSES. 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. (Acts 68th Leg., R.S., Ch. |
|
|
680, Sec. 4.11.) |
|
|
Sec.1028.059.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
|
4.12.) |
|
|
Sec.1028.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond in an amount set by the board |
|
|
of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 68th Leg., R.S., Ch. 680, Secs. 4.13(a) (part), (b) (part), |
|
|
(c) (part), (d).) |
|
|
Sec.1028.061.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. (Acts |
|
|
68th Leg., R.S., Ch. 680, Sec. 4.16.) |
|
|
Sec.1028.062.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the assistant district administrator; and |
|
|
(2) the attorney for the district. |
|
|
(b) The assistant district administrator and the attorney |
|
|
for the district serve at the will of the board and are entitled to |
|
|
the compensation determined by the board. (Acts 68th Leg., R.S., |
|
|
Ch. 680, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
|
Sec.1028.063.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ technicians, nurses, fiscal |
|
|
agents, accountants, architects, additional attorneys, and other |
|
|
necessary employees. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ persons for the district. (Acts 68th Leg., |
|
|
R.S., Ch. 680, Secs. 4.14, 4.15.) |
|
|
Sec.1028.064.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. (Acts 68th Leg., R.S., Ch. |
|
|
680, Sec. 4.17.) |
|
|
[Sections 1028.065-1028.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1028.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
|
5.02 (part).) |
|
|
Sec.1028.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
|
Foard County may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district residents. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.01(b).) |
|
|
Sec.1028.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 68th Leg., R.S., Ch. |
|
|
680, Sec. 5.03.) |
|
|
Sec.1028.104.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. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
|
5.04.) |
|
|
Sec.1028.105.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. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.05.) |
|
|
Sec.1028.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
|
district may operate or provide for the operation of a mobile |
|
|
emergency medical service. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
|
5.02 (part).) |
|
|
Sec. 1028.107. 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, including facilities and |
|
|
equipment, for the district for use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
payment of the purchase price. |
|
|
(c) The board may lease hospital facilities for the |
|
|
district. |
|
|
(d) The board may sell or otherwise dispose of property, |
|
|
including facilities or equipment, for the district. (Acts 68th |
|
|
Leg., R.S., Ch. 680, Sec. 5.06.) |
|
|
Sec.1028.108.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 a right 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 the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
|
5.09.) |
|
|
Sec.1028.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of any railroad, highway, pipeline, or |
|
|
electric transmission, telegraph, or telephone line, conduit, |
|
|
pole, or facility, the district must bear the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
|
altering the construction to provide comparable replacement |
|
|
without enhancement of facilities, after deducting the net salvage |
|
|
value derived from the old facility. (Acts 68th Leg., R.S., Ch. |
|
|
680, Sec. 5.10.) |
|
|
Sec.1028.110.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 other provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 68th Leg., R.S., Ch. 680, |
|
|
Sec. 5.14.) |
|
|
Sec.1028.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.07(a).) |
|
|
Sec.1028.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a hospital facility for the district. (Acts 68th Leg., R.S., Ch. |
|
|
680, Sec. 5.08.) |
|
|
Sec. 1028.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. The board may contract with a political subdivision of |
|
|
this state or with a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.13.) |
|
|
Sec.1028.114.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 who |
|
|
was 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: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(f) The final order of the board may be appealed to a |
|
|
district court in Foard County. The substantial evidence rule |
|
|
applies to the appeal. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.11.) |
|
|
Sec.1028.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county or municipality located outside the district |
|
|
to reimburse the district for the district's care and treatment of a |
|
|
sick or injured person of that county or municipality. |
|
|
(b) The board shall require the sheriff of Foard County to |
|
|
reimburse the district for the district's care and treatment of a |
|
|
person who is confined in a jail facility of Foard County and is not |
|
|
a district resident. |
|
|
(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. (Acts 68th |
|
|
Leg., R.S., Ch. 680, Sec. 5.12.) |
|
|
Sec.1028.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. (Acts 68th Leg., R.S., |
|
|
Ch. 680, Sec. 5.15.) |
|
|
[Sections 1028.117-1028.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1028.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 68th Leg., |
|
|
R.S., Ch. 680, Sec. 6.04.) |
|
|
Sec.1028.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 68th Leg., R.S., Ch. 680, Sec. 6.05.) |
|
|
Sec.1028.153.AMENDMENTS TO BUDGET. After the budget is |
|
|
adopted, the budget may be amended on the board's approval. (Acts |
|
|
68th Leg., R.S., Ch. 680, Sec. 6.06.) |
|
|
Sec.1028.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 68th Leg., R.S., Ch. 680, Sec. 6.07.) |
|
|
Sec.1028.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 68th |
|
|
Leg., R.S., Ch. 680, Sec. 6.01.) |
|
|
Sec.1028.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 68th |
|
|
Leg., R.S., Ch. 680, Sec. 6.02.) |
|
|
Sec. 1028.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection during regular business hours at the district's |
|
|
principal office. (Acts 68th Leg., R.S., Ch. 680, Sec. 6.03.) |
|
|
Sec.1028.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 68th Leg., R.S., Ch. 680, Sec. 6.08.) |
|
|
Sec.1028.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1028.160(b) 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 power of the board to |
|
|
place a part of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 68th Leg., R.S., Ch. 680, |
|
|
Sec. 6.10.) |
|
|
Sec.1028.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Sections 1028.111, 1028.201, 1028.204, and |
|
|
1028.205, the district may not incur a debt payable from district |
|
|
revenue other than the revenue on hand or to be on hand in the |
|
|
current and immediately following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 68th Leg., R.S., Ch. 680, Sec. 6.09.) |
|
|
[Sections 1028.161-1028.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1028.201.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. (Acts 68th Leg., R.S., Ch. 680, Sec. 7.01.) |
|
|
Sec.1028.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1028.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 68th Leg., R.S., Ch. 680, Sec. 7.02.) |
|
|
Sec.1028.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 68th Leg., R.S., Ch. 680, Sec. 7.03.) |
|
|
Sec.1028.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate 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 revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 68th Leg., R.S., Ch. 680, Sec. 7.04.) |
|
|
Sec.1028.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 68th |
|
|
Leg., R.S., Ch. 680, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1028.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
68th Leg., R.S., Ch. 680, Sec. 7.06 (part).) |
|
|
Sec.1028.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute district bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 68th Leg., |
|
|
R.S., Ch. 680, Sec. 7.07.) |
|
|
Sec.1028.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 68th |
|
|
Leg., R.S., Ch. 680, Sec. 7.11 (part).) |
|
|
[Sections 1028.209-1028.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1028.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 68th |
|
|
Leg., R.S., Ch. 680, Secs. 8.01 (a) (part), (c), (d), 8.02(b).) |
|
|
Sec.1028.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 68th |
|
|
Leg., R.S., Ch. 680, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
|
Sec.1028.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
|
8.04(b).) |
|
|
CHAPTER 1029. FOLLETT HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1029.001. DEFINITIONS |
|
|
Sec. 1029.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1029.003. POLITICAL SUBDIVISION |
|
|
Sec. 1029.004. DISTRICT TERRITORY |
|
|
[Sections 1029.005-1029.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1029.051. BOARD ELECTION; TERM |
|
|
Sec. 1029.052. BOARD VACANCY |
|
|
Sec. 1029.053. OFFICERS |
|
|
Sec. 1029.054. COMPENSATION; EXPENSES |
|
|
Sec. 1029.055. EMPLOYEES |
|
|
Sec. 1029.056. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1029.057. SEAL |
|
|
[Sections 1029.058-1029.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1029.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1029.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1029.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1029.104. HOSPITAL SYSTEM |
|
|
Sec. 1029.105. RULES |
|
|
Sec. 1029.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1029.107. EMINENT DOMAIN |
|
|
Sec. 1029.108. GIFTS AND ENDOWMENTS |
|
|
Sec. 1029.109. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1029.110. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1029.111-1029.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1029.151. BUDGET |
|
|
Sec. 1029.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1029.153. FISCAL YEAR |
|
|
Sec. 1029.154. ANNUAL AUDIT |
|
|
Sec. 1029.155. DEPOSITORY OR TREASURER |
|
|
[Sections 1029.156-1029.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1029.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1029.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1029.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1029.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1029.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1029.206. REFUNDING BONDS |
|
|
[Sections 1029.207-1029.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1029.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1029.252. TAX RATE |
|
|
Sec. 1029.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1029. FOLLETT HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1029.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Follett Hospital District. |
|
|
(New.) |
|
|
Sec.1029.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed in accordance with Section 9, Article IX, |
|
|
Texas Constitution. (Acts 64th Leg., R.S., Ch. 668, Sec. 1 (part).) |
|
|
Sec.1029.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 64th Leg., R.S., Ch. |
|
|
668, Sec. 16 (part).) |
|
|
Sec.1029.004.DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 668, Acts |
|
|
of the 64th Legislature, Regular Session, 1975. (New.) |
|
|
[Sections 1029.005-1029.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1029.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of six directors elected from the district at large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms, with |
|
|
three directors elected each year; and |
|
|
(2) a directors' election shall be held on the uniform |
|
|
election date in May of each year. (Acts 64th Leg., R.S., Ch. 668, |
|
|
Secs. 3(d) (part), 3A(a).) |
|
|
Sec.1029.052.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 668, |
|
|
Sec. 3A(b).) |
|
|
Sec.1029.053.OFFICERS. (a) The board shall elect a |
|
|
president, vice president, and secretary-treasurer from among its |
|
|
members. |
|
|
(b) Each officer of the board serves until the next |
|
|
directors' election. (Acts 64th Leg., R.S., Ch. 668, Sec. 4(a) |
|
|
(part).) |
|
|
Sec.1029.054.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the entire board. (Acts 64th Leg., R.S., Ch. 668, Sec. |
|
|
4(b).) |
|
|
Sec.1029.055.EMPLOYEES. The board may employ a general |
|
|
manager, attorneys, financial advisors, bookkeepers, and |
|
|
architects. (Acts 64th Leg., R.S., Ch. 668, Sec. 7(a) (part).) |
|
|
Sec.1029.056.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
All district records, including books, accounts, notices, minutes, |
|
|
and all other matters of the district and the operation of its |
|
|
facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at reasonable hours. |
|
|
(Acts 64th Leg., R.S., Ch. 668, Sec. 7(b).) |
|
|
Sec.1029.057.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 64th Leg., R.S., Ch. 668, Sec. 7(a) (part).) |
|
|
[Sections 1029.058-1029.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1029.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating all hospital facilities; and |
|
|
(2) providing hospital care for the district's needy |
|
|
inhabitants. (Acts 64th Leg., R.S., Ch. 668, Sec. 12(a) (part).) |
|
|
Sec. 1029.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. (a) A political subdivision within the |
|
|
district, other than the district, may not impose a tax or issue |
|
|
bonds or other obligations for hospital purposes or to provide |
|
|
medical care for district inhabitants. |
|
|
(b) A governmental entity other than the district may not |
|
|
impose a tax or issue bonds or other obligations on property in the |
|
|
district for hospital purposes or to provide medical care for needy |
|
|
district inhabitants. (Acts 64th Leg., R.S., Ch. 668, Sec. 12(a) |
|
|
(part).) |
|
|
Sec.1029.103.MANAGEMENT AND CONTROL. The board has full |
|
|
management and control of all district business, including the |
|
|
power to: |
|
|
(1) negotiate and contract with any person; |
|
|
(2) purchase or lease land; and |
|
|
(3) construct, equip, operate, and maintain a hospital |
|
|
system. (Acts 64th Leg., R.S., Ch. 668, Sec. 4(a) (part).) |
|
|
Sec.1029.104.HOSPITAL SYSTEM. The district shall |
|
|
provide for the establishment of a hospital system to provide |
|
|
medical and hospital care to the district's residents. (Acts 64th |
|
|
Leg., R.S., Ch. 668, Sec. 2 (part).) |
|
|
Sec.1029.105.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any resident |
|
|
on request. (Acts 64th Leg., R.S., Ch. 668, Sec. 7(c).) |
|
|
Sec.1029.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 64th Leg., R.S., Ch. 668, Sec. 7(a) |
|
|
(part).) |
|
|
Sec.1029.107.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a right, power, privilege, or function |
|
|
conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in the trial court money or a |
|
|
bond as provided by Section 21.021(a), Property Code. |
|
|
(c) In a condemnation proceeding, the district is not |
|
|
required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 64th Leg., R.S., Ch. 668, Sec. 9.) |
|
|
Sec.1029.108.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 64th Leg., R.S., Ch. 668, |
|
|
Sec. 14.) |
|
|
Sec.1029.109.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient from Lipscomb County is admitted to a district |
|
|
facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district determines that |
|
|
the patient or those relatives cannot pay all or part of the costs |
|
|
of the care and treatment in the hospital, the expense of that care |
|
|
becomes a charge against the district. |
|
|
(c) If an agent designated by the district determines that |
|
|
the patient or those relatives are liable to pay for all or part of |
|
|
the costs of the patient's care and treatment, the patient or those |
|
|
relatives shall be ordered to pay the district's treasurer a |
|
|
specified amount each week for the patient's support. The amount |
|
|
ordered must be proportionate to the person's financial ability and |
|
|
may not exceed the actual per capita cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, the board |
|
|
shall hold a hearing and, after calling witnesses, shall resolve |
|
|
the dispute. |
|
|
(f) Either party to the dispute may appeal the district's |
|
|
determination to the district court. (Acts 64th Leg., R.S., Ch. |
|
|
668, Sec. 13.) |
|
|
Sec.1029.110.AUTHORITY TO SUE AND BE SUED. The district |
|
|
may sue and be sued in its own name in any court of this state. |
|
|
(Acts 64th Leg., R.S., Ch. 668, Sec. 16 (part).) |
|
|
[Sections 1029.111-1029.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1029.151.BUDGET. The board annually shall have a |
|
|
budget prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 64th Leg., R.S., Ch. 668, Sec. 8(b) (part).) |
|
|
Sec.1029.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in the district not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district resident is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 64th Leg., R.S., Ch. 668, Sec. 8(b) (part).) |
|
|
Sec.1029.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 64th Leg., R.S., Ch. 668, Sec. 8(a) (part).) |
|
|
Sec.1029.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 of each year, the audit shall |
|
|
be filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 64th Leg., R.S., Ch. |
|
|
668, Sec. 8(a) (part).) |
|
|
Sec.1029.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank or banks in the district as the |
|
|
district's depository or treasurer. A designated bank serves for |
|
|
two years and until a successor is designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 64th Leg., R.S., Ch. 668, |
|
|
Secs. 5(b) (part), 10.) |
|
|
[Sections 1029.156-1029.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1029.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 64th Leg., R.S., Ch. 668, Sec. 6(a) (part).) |
|
|
Sec.1029.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
|
create an interest and sinking fund to pay the principal of and |
|
|
interest on general obligation bonds issued under Section 1029.201. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 668, Sec. 6(a) (part).) |
|
|
Sec.1029.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the location of the polling places; |
|
|
(2) the presiding election officers; |
|
|
(3) the purpose of the bond issuance; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum interest rate provided by law. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in the district once each week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 20 days before the date of the |
|
|
election. (Acts 64th Leg., R.S., Ch. 668, Sec. 6(b) (part).) |
|
|
Sec.1029.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 668, |
|
|
Sec. 6(b) (part).) |
|
|
Sec.1029.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
64th Leg., R.S., Ch. 668, Sec. 6(a) (part).) |
|
|
Sec.1029.206.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding bonds |
|
|
issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar amount of outstanding bonds and the unpaid matured interest |
|
|
on the bonds. (Acts 64th Leg., R.S., Ch. 668, Secs. 6(b) (part), |
|
|
(c) (part).) |
|
|
[Sections 1029.207-1029.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1029.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued or assumed by the district for hospital purposes; |
|
|
(2) provide for operation and maintenance of the |
|
|
hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites by purchase, lease, or |
|
|
condemnation. (Acts 64th Leg., R.S., Ch. 668, Secs. 5(a) (part), |
|
|
(b) (part), 8(b) (part).) |
|
|
Sec.1029.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 64th Leg., R.S., Ch. 668, Sec. 5(a) |
|
|
(part).) |
|
|
Sec.1029.253.TAX ASSESSOR-COLLECTOR. (a) Except as |
|
|
provided by Subsection (b), the tax assessor-collector of Lipscomb |
|
|
County shall assess and collect taxes imposed by the district. |
|
|
(b) By majority vote the board may appoint a district tax |
|
|
assessor-collector under Section 285.041, Health and Safety Code. |
|
|
(Acts 64th Leg., R.S., Ch. 668, Secs. 5(b) (part), (c) (part), 8(b) |
|
|
(part).) |
|
|
CHAPTER 1030. FRIO HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1030.001. DEFINITIONS |
|
|
Sec. 1030.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1030.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1030.004. DISTRICT TERRITORY |
|
|
Sec. 1030.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1030.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1030.007-1030.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1030.051. BOARD ELECTION; TERM |
|
|
Sec. 1030.052. NOTICE OF ELECTION |
|
|
Sec. 1030.053. BALLOT PETITION |
|
|
Sec. 1030.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1030.055. BOND; RECORD OF BOND |
|
|
Sec. 1030.056. BOARD VACANCY |
|
|
Sec. 1030.057. OFFICERS |
|
|
Sec. 1030.058. COMPENSATION; EXPENSES |
|
|
Sec. 1030.059. VOTING REQUIREMENT |
|
|
Sec. 1030.060. DISTRICT ADMINISTRATOR |
|
|
Sec. 1030.061. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1030.062. ASSISTANT DISTRICT ADMINISTRATOR; |
|
|
ATTORNEY |
|
|
Sec. 1030.063. APPOINTMENT AND RECRUITMENT OF STAFF |
|
|
AND EMPLOYEES |
|
|
Sec. 1030.064. HEALTH EDUCATION |
|
|
Sec. 1030.065. RETIREMENT BENEFITS |
|
|
[Sections 1030.066-1030.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1030.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1030.102. RESTRICTION ON GOVERNMENTAL ENTITY |
|
|
TAXATION AND DEBT |
|
|
Sec. 1030.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1030.104. RULES |
|
|
Sec. 1030.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1030.106. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1030.107. EMINENT DOMAIN |
|
|
Sec. 1030.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1030.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1030.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1030.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1030.112. CONTRACTS FOR SERVICES |
|
|
Sec. 1030.113. PROVISION OF CERTAIN HEALTH SERVICES |
|
|
Sec. 1030.114. MEDICAL CLINICS |
|
|
Sec. 1030.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1030.116. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1030.117. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1030.118-1030.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1030.151. BUDGET |
|
|
Sec. 1030.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1030.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1030.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1030.155. FISCAL YEAR |
|
|
Sec. 1030.156. ANNUAL AUDIT |
|
|
Sec. 1030.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1030.158. FINANCIAL REPORT |
|
|
Sec. 1030.159. DEPOSITORY |
|
|
Sec. 1030.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1030.161-1030.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1030.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1030.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1030.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1030.204. REVENUE BONDS |
|
|
Sec. 1030.205. REFUNDING BONDS |
|
|
Sec. 1030.206. MATURITY OF BONDS |
|
|
Sec. 1030.207. EXECUTION OF BONDS |
|
|
Sec. 1030.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1030.209-1030.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1030.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1030.252. TAX RATE |
|
|
Sec. 1030.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1030.254-1030.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1030.301. DISSOLUTION; ELECTION |
|
|
Sec. 1030.302. NOTICE OF ELECTION |
|
|
Sec. 1030.303. BALLOT |
|
|
Sec. 1030.304. ELECTION RESULTS |
|
|
Sec. 1030.305. DISPOSITION OR TRANSFER OF DISTRICT |
|
|
ASSETS; DECLARATION OF DISSOLUTION |
|
|
CHAPTER 1030. FRIO HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1030.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Frio Hospital District. |
|
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 1.01.) |
|
|
Sec.1030.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 220, |
|
|
Sec. 1.02.) |
|
|
Sec.1030.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
71st Leg., R.S., Ch. 220, Sec. 7.11 (part).) |
|
|
Sec.1030.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Frio County, Texas, |
|
|
except that a portion of the southern boundary follows the boundary |
|
|
of the Frio River beginning at the intersection of the south county |
|
|
line and the Frio River to the point at which the boundary |
|
|
intersects the Leona River and follows the Leona River to the west |
|
|
county line. (Acts 71st Leg., R.S., Ch. 220, Sec. 1.03.) |
|
|
Sec. 1030.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not become obligated for the support or |
|
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
|
10.01 (part).) |
|
|
Sec.1030.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 10.01 (part).) |
|
|
[Sections 1030.007-1030.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1030.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of seven directors. |
|
|
(b) Two directors are elected from each commissioners |
|
|
precinct and one director is elected from the district at large. |
|
|
The portion of Precinct 4 that is in the district is combined with |
|
|
Precinct 1 to represent one precinct. |
|
|
(c) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) an election shall be held on the uniform election |
|
|
date in May of each year to elect the appropriate number of |
|
|
directors. (Acts 71st Leg., R.S., Ch. 220, Secs. 4.01(a), 4.03(a), |
|
|
(d) (part).) |
|
|
Sec.1030.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper with general circulation in the |
|
|
district. (Acts 71st Leg., R.S., Ch. 220, Sec. 4.04.) |
|
|
Sec.1030.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must: |
|
|
(1) be signed by at least 10 registered voters of the |
|
|
district as determined by the most recent official list of |
|
|
registered voters; |
|
|
(2) be filed not later than the 31st day before the |
|
|
date of the election; and |
|
|
(3) specify the commissioners precinct the candidate |
|
|
wants to represent or specify that the candidate wants to represent |
|
|
the district at large. (Acts 71st Leg., R.S., Ch. 220, Sec. 4.05.) |
|
|
Sec.1030.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be a candidate for or to serve as a director, a person |
|
|
must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) In addition to Subsection (a), a person who is elected |
|
|
from a commissioners precinct or who is appointed to fill a vacancy |
|
|
for a commissioners precinct must be a resident of that |
|
|
commissioners precinct. |
|
|
(c) A district employee may not serve as a director. (Acts |
|
|
71st Leg., R.S., Ch. 220, Sec. 4.06.) |
|
|
Sec.1030.055.BOND; RECORD OF BOND. (a) Before assuming |
|
|
the duties of office, each director must execute a bond for $5,000 |
|
|
that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The board may pay for a director's bond with district |
|
|
money. |
|
|
(c) Each director's bond shall be kept in the district's |
|
|
permanent records. (Acts 71st Leg., R.S., Ch. 220, Sec. 4.07.) |
|
|
Sec.1030.056.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 220, |
|
|
Sec. 4.08.) |
|
|
Sec.1030.057.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 71st Leg., R.S., Ch. 220, Secs. 4.09, 4.10.) |
|
|
Sec.1030.058.COMPENSATION; EXPENSES. 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. (Acts 71st Leg., R.S., Ch. |
|
|
220, Sec. 4.11.) |
|
|
Sec.1030.059.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
|
4.12.) |
|
|
Sec.1030.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond in an amount determined by the |
|
|
board of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 71st Leg., R.S., Ch. 220, Secs. 4.13(a) (part), (b) (part), |
|
|
(c) (part), (d).) |
|
|
Sec.1030.061.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. (Acts |
|
|
71st Leg., R.S., Ch. 220, Sec. 4.16.) |
|
|
Sec.1030.062.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the assistant district administrator; and |
|
|
(2) the attorney for the district. |
|
|
(b) The assistant district administrator and the attorney |
|
|
for the district serve at the will of the board and are entitled to |
|
|
the compensation determined by the board. (Acts 71st Leg., R.S., |
|
|
Ch. 220, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
|
Sec. 1030.063. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES. (a) The district may employ doctors, nurses, |
|
|
technicians, allied health personnel, administrative personnel, |
|
|
fiscal agents, accountants, architects, additional attorneys, and |
|
|
other employees necessary to carry out the district's duties and |
|
|
responsibilities under this chapter. |
|
|
(b) The board may appoint to the staff any doctors the board |
|
|
considers necessary for the efficient operation of the district and |
|
|
may make temporary appointments as necessary. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ persons for the district. |
|
|
(d) The board may spend money to recruit physicians and |
|
|
other needed medical professionals. (Acts 71st Leg., R.S., Ch. |
|
|
220, Secs. 4.14, 4.15, 5.02 (part), 5.05(c).) |
|
|
Sec.1030.064.HEALTH EDUCATION. The board may provide |
|
|
scholarships and student loans to educate county residents in |
|
|
health care-related fields. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
|
5.02 (part).) |
|
|
Sec.1030.065.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. (Acts 71st Leg., R.S., Ch. |
|
|
220, Sec. 4.17.) |
|
|
[Sections 1030.066-1030.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1030.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
|
5.02 (part).) |
|
|
Sec. 1030.102. RESTRICTION ON GOVERNMENTAL ENTITY TAXATION |
|
|
AND DEBT. Frio County or another governmental entity located |
|
|
within the district may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district residents. (Acts 71st Leg., R.S., Ch. 220, Sec. 5.01(b).) |
|
|
Sec.1030.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 71st Leg., R.S., Ch. |
|
|
220, Sec. 5.03.) |
|
|
Sec.1030.104.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. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
|
5.04.) |
|
|
Sec.1030.105.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. (Acts 71st Leg., R.S., Ch. 220, Secs. 5.05(a), (b).) |
|
|
Sec. 1030.106. 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, including facilities and |
|
|
equipment, for the district for use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
payment of the purchase price. |
|
|
(c) The board may lease hospital facilities for the |
|
|
district. |
|
|
(d) The board may sell or otherwise dispose of property, |
|
|
including facilities or equipment, for the district. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Sec. 5.06.) |
|
|
Sec.1030.107.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 a right 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 the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
|
5.09.) |
|
|
Sec.1030.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, 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 must bear |
|
|
the actual cost of relocating, raising, lowering, rerouting, |
|
|
changing the grade, or altering the construction to provide |
|
|
comparable replacement, without enhancement of facilities, after |
|
|
deducting the net salvage value derived from the old |
|
|
facility. (Acts 71st Leg., R.S., Ch. 220, Sec. 5.10.) |
|
|
Sec.1030.109.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 other provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 220, |
|
|
Sec. 5.14.) |
|
|
Sec.1030.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 71st Leg., R.S., Ch. 220, Sec. 5.07(a).) |
|
|
Sec.1030.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
|
220, Sec. 5.08.) |
|
|
Sec.1030.112.CONTRACTS FOR SERVICES. (a) The board may |
|
|
contract with a public or private hospital, a political subdivision |
|
|
of this 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 district inhabitants. |
|
|
(b) The board may contract with any person to receive or |
|
|
supply the services the board considers necessary for the effective |
|
|
operation of the district. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
|
5.13.) |
|
|
Sec.1030.113.PROVISION OF CERTAIN HEALTH SERVICES. The |
|
|
district may: |
|
|
(1) operate or provide for the operation of a mobile |
|
|
emergency medical service; |
|
|
(2) operate or provide for home health services, |
|
|
long-term care, skilled nursing care, intermediate nursing care, or |
|
|
hospice care; and |
|
|
(3) establish any other needed medical service |
|
|
considered beneficial to the delivery of health care to district |
|
|
residents. (Acts 71st Leg., R.S., Ch. 220, Sec. 5.02 (part).) |
|
|
Sec.1030.114.MEDICAL CLINICS. The district may establish |
|
|
and operate medical clinics for the benefit of the hospital. (Acts |
|
|
71st Leg., R.S., Ch. 220, Sec. 5.02 (part).) |
|
|
Sec.1030.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When an individual 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 individual'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 who |
|
|
was 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 an individual's |
|
|
ability to pay or if the district administrator has any doubt |
|
|
concerning an individual's ability to pay, the board shall: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(f) A final order of the board may be appealed to a district |
|
|
court in Frio County. The substantial evidence rule applies to the |
|
|
appeal. (Acts 71st Leg., R.S., Ch. 220, Secs. 5.11(b), (c), (d), |
|
|
(e), (f).) |
|
|
Sec.1030.116.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person of that county, |
|
|
municipality, or public hospital, as provided by Chapter 61, Health |
|
|
and Safety Code. |
|
|
(b) The board shall require the sheriff of Frio County to |
|
|
reimburse the district for the district's care and treatment of a |
|
|
person who is confined in a jail facility of Frio County and is not a |
|
|
district resident. |
|
|
(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. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Sec. 5.12.) |
|
|
Sec.1030.117.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
|
Ch. 220, Sec. 5.15.) |
|
|
[Sections 1030.118-1030.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1030.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
|
R.S., Ch. 220, Sec. 6.04.) |
|
|
Sec.1030.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.05.) |
|
|
Sec.1030.153.AMENDMENTS TO BUDGET. After adoption, the |
|
|
annual budget may be amended on the board's approval. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Sec. 6.06.) |
|
|
Sec.1030.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.07.) |
|
|
Sec.1030.155.FISCAL YEAR. (a) The district operates |
|
|
according to a fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) when revenue bonds of the district are |
|
|
outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Sec. 6.01.) |
|
|
Sec.1030.156.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an audit made of the district's financial condition. |
|
|
(b) The board shall retain the services of a qualified |
|
|
independent certified public accounting firm to prepare the annual |
|
|
audit of the district's financial condition. |
|
|
(c) The firm shall prepare and submit the audit to the board |
|
|
not later than the 90th day following the close of the district's |
|
|
fiscal year. |
|
|
(d) The district is not subject to audit by the Frio County |
|
|
auditor. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.02.) |
|
|
Sec. 1030.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection during regular business hours at the district's |
|
|
principal office. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.03.) |
|
|
Sec.1030.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 6.08.) |
|
|
Sec.1030.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1030.160(b) 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 must remain on |
|
|
deposit. This subsection does not limit the power of the board to |
|
|
place a part of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 71st Leg., R.S., Ch. 220, |
|
|
Sec. 6.10.) |
|
|
Sec.1030.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Sections 1030.110, 1030.201, 1030.204, and |
|
|
1030.205, the district may not incur a debt payable from district |
|
|
revenue other than the revenue on hand or to be on hand in the |
|
|
current and immediately following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.09.) |
|
|
[Sections 1030.161-1030.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1030.201.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. (Acts 71st Leg., R.S., Ch. 220, Sec. 7.01.) |
|
|
Sec.1030.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1030.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 220, Sec. 7.02.) |
|
|
Sec.1030.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 7.03.) |
|
|
Sec.1030.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate 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 revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 7.04.) |
|
|
Sec.1030.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) Refunding bonds may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1030.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
71st Leg., R.S., Ch. 220, Sec. 7.06 (part).) |
|
|
Sec.1030.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
|
R.S., Ch. 220, Sec. 7.07.) |
|
|
Sec.1030.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Sec. 7.11 (part).) |
|
|
[Sections 1030.209-1030.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1030.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
|
Sec.1030.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 30 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
|
Sec.1030.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
|
8.04(b).) |
|
|
[Sections 1030.254-1030.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1030.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved on approval of a majority of the district voters |
|
|
voting in an election held for that purpose. |
|
|
(b) A majority of the board may order that a dissolution |
|
|
election be held. |
|
|
(c) The order calling the election must state: |
|
|
(1) the name of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. |
|
|
220, Secs. 9.01, 9.02, 9.03, 9.05(b).) |
|
|
Sec.1030.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper with general circulation in the district. |
|
|
(b) The first publication of the notice must appear at least |
|
|
35 days before the date set for the election. (Acts 71st Leg., |
|
|
R.S., Ch. 220, Sec. 9.04.) |
|
|
Sec.1030.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Frio Hospital District." |
|
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 9.06.) |
|
|
Sec.1030.304.ELECTION RESULTS. (a) If the board finds |
|
|
the election results favor the proposition to dissolve the |
|
|
district, the board shall issue an order disposing of or |
|
|
transferring the district's assets. |
|
|
(b) If the board finds the election results do not favor the |
|
|
proposition to dissolve the district, another dissolution election |
|
|
may not be held before the first anniversary of the date of the |
|
|
election in which voters disapproved the proposition. (Acts 71st |
|
|
Leg., R.S., Ch. 220, Secs. 9.07(b) (part), (c).) |
|
|
Sec. 1030.305. DISPOSITION OR TRANSFER OF DISTRICT ASSETS; |
|
|
DECLARATION OF DISSOLUTION. (a) A board order issued under Section |
|
|
1030.304 that disposes of district assets must satisfy the |
|
|
district's debts and bond obligations in a manner that protects the |
|
|
interests of citizens in the district, including the citizens' |
|
|
collective property rights in the district's assets and property. |
|
|
(b) In connection with an election in favor of dissolution, |
|
|
the board may not dispose of or transfer the district's assets |
|
|
except for due compensation unless: |
|
|
(1) the assets are transferred to another governmental |
|
|
agency, such as a county, embracing the district; and |
|
|
(2) the transferred assets are to be used for the |
|
|
benefit of citizens formerly in the district. |
|
|
(c) A grant from federal funds, however dispensed, is an |
|
|
obligation to be repaid in satisfaction. |
|
|
(d) On completion of the requirements of this section, the |
|
|
board shall declare the district dissolved. (Acts 71st Leg., R.S., |
|
|
Ch. 220, Sec. 9.07(b) (part).) |
|
|
CHAPTER 1031. GARZA COUNTY HEALTH CARE DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1031.001. DEFINITIONS |
|
|
Sec. 1031.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1031.003. POLITICAL SUBDIVISION |
|
|
Sec. 1031.004. DISTRICT TERRITORY |
|
|
Sec. 1031.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1031.006. PUBLIC PURPOSE; TAX EXEMPTION |
|
|
[Sections 1031.007-1031.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1031.051. BOARD ELECTION; TERM |
|
|
Sec. 1031.052. NOTICE OF ELECTION |
|
|
Sec. 1031.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1031.054. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1031.055. BOARD VACANCY |
|
|
Sec. 1031.056. OFFICERS |
|
|
Sec. 1031.057. COMPENSATION; EXPENSES |
|
|
Sec. 1031.058. VOTING REQUIREMENT |
|
|
Sec. 1031.059. MEETINGS |
|
|
Sec. 1031.060. DISTRICT ADMINISTRATOR |
|
|
Sec. 1031.061. EMPLOYMENT AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES |
|
|
Sec. 1031.062. PERSONNEL CONTRACTS |
|
|
Sec. 1031.063. RETIREMENT BENEFITS |
|
|
Sec. 1031.064. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1031.065. SEAL |
|
|
[Sections 1031.066-1031.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1031.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1031.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION |
|
|
Sec. 1031.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1031.104. RULES |
|
|
Sec. 1031.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1031.106. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1031.107. COMPETITIVE BIDDING |
|
|
Sec. 1031.108. EMERGENCY MEDICAL SERVICES |
|
|
Sec. 1031.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1031.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1031.111. NONINDIGENT RESIDENTS |
|
|
Sec. 1031.112. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1031.113-1031.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1031.151. BUDGET |
|
|
Sec. 1031.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1031.153. FISCAL YEAR |
|
|
Sec. 1031.154. ANNUAL AUDIT |
|
|
Sec. 1031.155. DEPOSITORY OR TREASURER |
|
|
Sec. 1031.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1031.157-1031.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1031.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1031.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1031.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1031.204. REVENUE BONDS |
|
|
Sec. 1031.205. REFUNDING BONDS |
|
|
Sec. 1031.206. MATURITY OF BONDS |
|
|
Sec. 1031.207. EXECUTION OF BONDS |
|
|
[Sections 1031.208-1031.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1031.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1031.252. TAX RATE |
|
|
Sec. 1031.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
|
Sec. 1031.254. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1031.255-1031.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1031.301. DISSOLUTION; ELECTION |
|
|
Sec. 1031.302. NOTICE OF ELECTION |
|
|
Sec. 1031.303. BALLOT |
|
|
Sec. 1031.304. ELECTION RESULTS |
|
|
Sec. 1031.305. TRANSFER, SALE, OR ADMINISTRATION OF |
|
|
ASSETS |
|
|
Sec. 1031.306. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
Sec. 1031.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES |
|
|
Sec. 1031.308. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1031. GARZA COUNTY HEALTH CARE DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1031.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Garza County Health Care |
|
|
District. (New.) |
|
|
Sec.1031.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with and has the powers and responsibilities |
|
|
provided by Section 9, Article IX, Texas Constitution. (Acts 60th |
|
|
Leg., R.S., Ch. 502, Sec. 1 (part).) |
|
|
Sec.1031.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
|
502, Sec. 16 (part).) |
|
|
Sec.1031.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Garza County. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 1 (part).) |
|
|
Sec.1031.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 60th Leg., R.S., Ch. 502, Sec. 17 (part).) |
|
|
Sec.1031.006.PUBLIC PURPOSE; TAX EXEMPTION. All property |
|
|
owned by the district: |
|
|
(1) shall be held for public purposes; and |
|
|
(2) is exempt from taxation of every character. (Acts |
|
|
60th Leg., R.S., Ch. 502, Sec. 16 (part).) |
|
|
[Sections 1031.007-1031.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1031.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of five directors elected from the district at large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) an election shall be held on the uniform election |
|
|
date in May of each year to elect the appropriate number of |
|
|
directors. (Acts 60th Leg., R.S., Ch. 502, Secs. 3(a) (part), (d) |
|
|
(part).) |
|
|
Sec.1031.052.NOTICE OF ELECTION. At least 10 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper of general circulation in Garza |
|
|
County. (Acts 60th Leg., R.S., Ch. 502, Sec. 3(d) (part).) |
|
|
Sec.1031.053.QUALIFICATIONS FOR OFFICE. To be eligible |
|
|
to serve as a director, a person must: |
|
|
(1) be a district resident; and |
|
|
(2) have resided in the district for at least six |
|
|
months immediately preceding the date on which the person: |
|
|
(A) files for election; or |
|
|
(B) is appointed or elected as provided by |
|
|
Section 1031.055, if filling a vacancy in the office of director. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 3(a) (part).) |
|
|
Sec. 1031.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director may be required to execute a good and |
|
|
sufficient bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The board may pay for a director's bond with district |
|
|
money. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 502, |
|
|
Sec. 3(a) (part).) |
|
|
Sec.1031.055.BOARD VACANCY. (a) If a vacancy occurs in |
|
|
the office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. |
|
|
(b) If the number of directors is reduced to fewer than |
|
|
three for any reason, the remaining directors shall immediately |
|
|
call a special election to fill the vacancies. If the remaining |
|
|
directors do not call the election, a district court, on |
|
|
application of a district voter or taxpayer, may order the |
|
|
directors to hold the election. (Acts 60th Leg., R.S., Ch. 502, |
|
|
Sec. 3(c) (part).) |
|
|
Sec.1031.056.OFFICERS. The board shall: |
|
|
(1) elect a president from among its members; and |
|
|
(2) appoint a secretary from among its members. (Acts |
|
|
60th Leg., R.S., Ch. 502, Sec. 3(c) (part).) |
|
|
Sec.1031.057.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the board. (Acts 60th Leg., R.S., Ch. 502, Sec. 4 |
|
|
(part).) |
|
|
Sec.1031.058.VOTING REQUIREMENT. A concurrence of three |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 60th Leg., R.S., Ch. 502, Sec. 3(c) (part).) |
|
|
Sec.1031.059.MEETINGS. (a) A board meeting may be called |
|
|
by the president or any three directors. |
|
|
(b) Notice of the time and place of a board meeting must be |
|
|
given to each director at least 72 hours before the time of the |
|
|
meeting. |
|
|
(c) This section does not prevent the board by resolution |
|
|
from establishing a regular time and place for meetings for which |
|
|
special notice is not required. (Acts 60th Leg., R.S., Ch. 502, |
|
|
Sec. 3(c) (part).) |
|
|
Sec.1031.060.DISTRICT ADMINISTRATOR. (a) The board |
|
|
shall appoint a district administrator. |
|
|
(b) The district administrator may not receive an |
|
|
employment contract for a specified term and may be terminated at |
|
|
any time by the board. |
|
|
(c) The district administrator may be required to execute a |
|
|
good and sufficient bond for $10,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties. |
|
|
(d) The district administrator's bond shall be deposited |
|
|
with the district's depository bank for safekeeping. |
|
|
(e) The board may pay for the bond with district money. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 3(b).) |
|
|
Sec. 1031.061. EMPLOYMENT AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES. (a) The board may employ a general manager and other |
|
|
necessary professional and clerical personnel. |
|
|
(b) The board may spend district money to recruit |
|
|
physicians, nurses, and other trained medical personnel. The board |
|
|
may pay the tuition or other expenses of a full-time medical student |
|
|
or other student in a health occupation who: |
|
|
(1) is enrolled in and is in good standing at an |
|
|
accredited medical school, college, or university; and |
|
|
(2) contractually agrees to become a district employee |
|
|
or independent contractor in return for that assistance. (Acts |
|
|
60th Leg., R.S., Ch. 502, Secs. 8(a) (part), (i).) |
|
|
Sec.1031.062.PERSONNEL CONTRACTS. (a) The board may |
|
|
contract to provide administrative and other personnel for the |
|
|
operation of the health care facilities. |
|
|
(b) The term of the contract may not exceed five years. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 8(e).) |
|
|
Sec.1031.063.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. (Acts 60th Leg., R.S., Ch. |
|
|
502, Sec. 8(h).) |
|
|
Sec.1031.064.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
Except as provided by Sections 1031.054 and 1031.060, all district |
|
|
records, including books, accounts, notices, minutes, and all other |
|
|
matters of the district and the operation of its facilities, shall |
|
|
be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at the district office |
|
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 502, Sec. |
|
|
8(b).) |
|
|
Sec.1031.065.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 60th Leg., R.S., Ch. 502, Sec. 8(a) (part).) |
|
|
[Sections 1031.066-1031.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1031.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical, hospital, and health |
|
|
care for the district's needy and indigent residents. (Acts 60th |
|
|
Leg., R.S., Ch. 502, Secs. 2 (part), 12 (part).) |
|
|
Sec. 1031.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION. Garza County or a municipality in Garza County may not |
|
|
impose a tax for health care purposes. (Acts 60th Leg., R.S., Ch. |
|
|
502, Sec. 12 (part).) |
|
|
Sec.1031.103.MANAGEMENT AND CONTROL. The management and |
|
|
control of the district is vested in the board. (Acts 60th Leg., |
|
|
R.S., Ch. 502, Sec. 4 (part).) |
|
|
Sec.1031.104.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any taxpayer |
|
|
on request. (Acts 60th Leg., R.S., Ch. 502, Sec. 8(c).) |
|
|
Sec.1031.105.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 502, Sec. 8(a) |
|
|
(part).) |
|
|
Sec. 1031.106. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board may: |
|
|
(1) purchase or lease property, including facilities |
|
|
or equipment, for the district to use in the health care system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(b) The board may lease district health care facilities to |
|
|
individuals, corporations, or other legal entities for a term not |
|
|
to exceed 20 years. |
|
|
(c) The board may sell or otherwise dispose of the |
|
|
district's property, including facilities or equipment. (Acts 60th |
|
|
Leg., R.S., Ch. 502, Secs. 8(d), (f), (g).) |
|
|
Sec.1031.107.COMPETITIVE BIDDING. The district may not |
|
|
enter into a contract that requires the district to spend at least |
|
|
$15,000 and creates or imposes any type of obligation or liability |
|
|
on the district, unless the district first submits the contract to |
|
|
competitive bids. (Acts 60th Leg., R.S., Ch. 502, Sec. 6(g).) |
|
|
Sec.1031.108.EMERGENCY MEDICAL SERVICES. The board may |
|
|
spend district money to support emergency medical services in Garza |
|
|
County. (Acts 60th Leg., R.S., Ch. 502, Sec. 8(k).) |
|
|
Sec.1031.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 502, |
|
|
Sec. 14.) |
|
|
Sec.1031.110.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who claims to be indigent is admitted to a district |
|
|
facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district to handle the |
|
|
inquiry determines that the patient or those relatives cannot pay |
|
|
all or part of the costs of the care and treatment in the health care |
|
|
facility, the amount of the costs that cannot be paid becomes a |
|
|
charge against the district. |
|
|
(c) If it is determined that the patient or those relatives |
|
|
are liable to pay for all or part of the costs of the patient's care |
|
|
and treatment, the patient or those relatives shall be ordered to |
|
|
pay to the district's depository or treasurer a specified amount |
|
|
each week for the patient's support. The amount ordered must be |
|
|
proportionate to the person's financial ability and may not exceed |
|
|
the actual per capita cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the designated district agent, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) The order may be appealed to the district court. (Acts |
|
|
60th Leg., R.S., Ch. 502, Sec. 13.) |
|
|
Sec.1031.111.NONINDIGENT RESIDENTS. The board may |
|
|
provide access to medical care to a nonindigent resident of Garza |
|
|
County if the nonindigent resident is charged the reasonable and |
|
|
customary cost of services. (Acts 60th Leg., R.S., Ch. 502, Sec. |
|
|
8(l).) |
|
|
Sec.1031.112.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court of this state. (Acts 60th Leg., R.S., Ch. 502, |
|
|
Sec. 16 (part).) |
|
|
[Sections 1031.113-1031.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1031.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 60th Leg., R.S., Ch. 502, Sec. 9(b) (part).) |
|
|
Sec.1031.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published in a newspaper |
|
|
of general circulation in Garza County in accordance with Chapter |
|
|
551, Government Code. |
|
|
(c) Any district resident is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 60th Leg., R.S., Ch. 502, Sec. 9(b) (part).) |
|
|
Sec.1031.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 9(a) (part).) |
|
|
Sec.1031.154.ANNUAL AUDIT. The board annually shall have |
|
|
an independent audit made of the district's books and records for |
|
|
the fiscal year. (Acts 60th Leg., R.S., Ch. 502, Sec. 9(a) (part).) |
|
|
Sec.1031.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank or banks as the district's |
|
|
depository or treasurer. A designated bank serves for two years and |
|
|
until a successor is designated. |
|
|
(b) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 502, |
|
|
Sec. 10.) |
|
|
Sec.1031.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money at a rate not to exceed the maximum |
|
|
annual percentage rate allowed by law for district obligations at |
|
|
the time the loan is made. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district during |
|
|
the 12-month period following the date of the pledge that is not |
|
|
pledged to pay the principal of or interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. (Acts 60th |
|
|
Leg., R.S., Ch. 502, Sec. 16A.) |
|
|
[Sections 1031.157-1031.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1031.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue 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 health care |
|
|
purposes; or |
|
|
(3) acquire and operate a mobile emergency medical or |
|
|
air ambulance service. (Acts 60th Leg., R.S., Ch. 502, Sec. 6(a).) |
|
|
Sec.1031.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1031.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
maintenance and operation tax the district imposes may not exceed |
|
|
the tax rate approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 60th Leg., R.S., Ch. 502, Sec. 6(b) |
|
|
(part).) |
|
|
Sec.1031.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order a bond election. The election shall |
|
|
be conducted as provided by Chapter 1251, Government Code. |
|
|
(c) The board shall declare the results of the election. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 6(b) (part).) |
|
|
Sec.1031.204.REVENUE BONDS. (a) The district may issue |
|
|
revenue bonds for any health care purpose, including a purpose |
|
|
described by Section 1031.201, only if the bonds are authorized by a |
|
|
majority of the district voters voting at an election held for that |
|
|
purpose. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's health care system. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 6(c).) |
|
|
Sec.1031.205.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds in the manner provided by this |
|
|
subchapter to refund outstanding bonds issued by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of the outstanding bonds and the unpaid |
|
|
matured interest on the bonds. (Acts 60th Leg., R.S., Ch. 502, Sec. |
|
|
6(f) (part).) |
|
|
Sec.1031.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than the 40th anniversary of the date of issuance. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 6(e) (part).) |
|
|
Sec.1031.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
60th Leg., R.S., Ch. 502, Sec. 6(d) (part).) |
|
|
[Sections 1031.208-1031.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1031.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The tax may be used to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
warrants issued by the district for health care purposes; |
|
|
(2) pay for the maintenance and operation expenses of |
|
|
the district and health care system; |
|
|
(3) pay for indebtedness issued or assumed by the |
|
|
district; |
|
|
(4) make improvements and additions to the health care |
|
|
system; and |
|
|
(5) acquire necessary sites for the health care system |
|
|
by purchase, lease, or condemnation. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 60th |
|
|
Leg., R.S., Ch. 502, Secs. 5(a), (b) (part), (c), 9(b) (part).) |
|
|
Sec.1031.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. (Acts |
|
|
60th Leg., R.S., Ch. 502, Sec. 5(b) (part).) |
|
|
Sec.1031.253.ELECTION TO INCREASE MAXIMUM TAX RATE. The |
|
|
board may call an election to increase the maximum tax rate of the |
|
|
district to a specified rate allowed by law on each $100 valuation |
|
|
of the taxable property in the district if the board determines that |
|
|
an increase is necessary to carry out the purposes for which the |
|
|
initial tax rate was authorized. (Acts 60th Leg., R.S., Ch. 502, |
|
|
Sec. 7 (part).) |
|
|
Sec.1031.254.TAX ASSESSOR-COLLECTOR. (a) The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. |
|
|
(b) The tax assessor-collector shall assess and collect |
|
|
taxes imposed by the district. (Acts 60th Leg., R.S., Ch. 502, Secs. |
|
|
5(b) (part), 9(b) (part).) |
|
|
[Sections 1031.255-1031.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1031.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and disposing of the district's assets and |
|
|
obligations. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by at least 10 |
|
|
percent of the registered voters in the district. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 60th Leg., R.S., Ch. |
|
|
502, Secs. 16B(a), (b), (c) (part).) |
|
|
Sec.1031.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper with general circulation in the district. |
|
|
(b) The first publication of the notice must appear not |
|
|
later than the 35th day before the date set for the election. (Acts |
|
|
60th Leg., R.S., Ch. 502, Sec. 16B(d) (part).) |
|
|
Sec.1031.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Garza County Health Care |
|
|
District." (Acts 60th Leg., R.S., Ch. 502, Sec. 16B(d) (part).) |
|
|
Sec.1031.304.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution, the |
|
|
board shall find that the district is dissolved. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution, the board shall continue to administer the district |
|
|
and another election on the question of dissolution may not be held |
|
|
before the first anniversary of the date of the most recent election |
|
|
to dissolve the district. (Acts 60th Leg., R.S., Ch. 502, Sec. |
|
|
16B(e).) |
|
|
Sec.1031.305.TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
|
|
(a) If a majority of the votes in the election held under this |
|
|
subchapter favor dissolution, the board shall: |
|
|
(1) transfer the land, buildings, improvements, |
|
|
equipment, and other assets that belong to the district to Garza |
|
|
County or another governmental entity in Garza County; |
|
|
(2) sell the assets and liabilities to another person; |
|
|
or |
|
|
(3) administer the property, assets, and debts until |
|
|
all money has been disposed of and all district debts have been paid |
|
|
or settled. |
|
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
|
the county or entity assumes all debts and obligations of the |
|
|
district at the time of the transfer, and the district is dissolved. |
|
|
(c) If Subsections (a)(1) and (2) do not apply and the board |
|
|
administers the property, assets, and debts of the district under |
|
|
Subsection (a)(3), the district is dissolved when all money has |
|
|
been disposed of and all district debts have been paid or settled. |
|
|
(Acts 60th Leg., R.S., Ch. 502, Secs. 16B(f), (g), (m) (part).) |
|
|
Sec.1031.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The dissolution of the district and the sale or transfer of the |
|
|
district's assets and liabilities to another person may not |
|
|
contravene a trust indenture or bond resolution relating to the |
|
|
district's outstanding bonds. The dissolution and sale or transfer |
|
|
does not diminish or impair the rights of a holder of an outstanding |
|
|
bond, warrant, or other obligation of the district. |
|
|
(b) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of the residents of |
|
|
the district, including the residents' collective property rights |
|
|
in the district's assets. |
|
|
(c) The district may not transfer or dispose of the |
|
|
district's assets except for due compensation unless: |
|
|
(1) the transfer is made to another governmental |
|
|
entity that serves the district; and |
|
|
(2) the transferred assets are to be used for the |
|
|
benefit of the district's residents. |
|
|
(d) A grant from federal funds is an obligation to be repaid |
|
|
in satisfaction. (Acts 60th Leg., R.S., Ch. 502, Secs. 16B(m) |
|
|
(part), (n).) |
|
|
Sec. 1031.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) After the board finds that the district is dissolved, |
|
|
the board shall: |
|
|
(1) determine the debt owed by the district; and |
|
|
(2) impose on the property included in the district's |
|
|
tax rolls a tax that is in proportion of the debt to the property |
|
|
value. |
|
|
(b) On the payment of all outstanding debts and obligations |
|
|
of the district, the board shall order the secretary to return to |
|
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
|
tax money. |
|
|
(c) A taxpayer may request that the taxpayer's share of |
|
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
|
taxpayer requests the credit, the board shall direct the secretary |
|
|
to transmit the money to the county tax assessor-collector. (Acts |
|
|
60th Leg., R.S., Ch. 502, Secs. 16B(h), (i), (j).) |
|
|
Sec.1031.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
|
district has paid all district debts and has disposed of all |
|
|
district money and other assets as prescribed by this subchapter, |
|
|
the board shall file a written report with the Commissioners Court |
|
|
of Garza County summarizing the board's actions in dissolving the |
|
|
district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Garza 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. (Acts 60th Leg., R.S., Ch. 502, Secs. 16B(k), (l).) |
|
|
CHAPTER 1032. GONZALES HEALTHCARE SYSTEMS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1032.001. DEFINITIONS |
|
|
Sec. 1032.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1032.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1032.004. DISTRICT TERRITORY |
|
|
Sec. 1032.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1032.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1032.007-1032.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1032.051. BOARD ELECTION; TERM |
|
|
Sec. 1032.052. NOTICE OF ELECTION |
|
|
Sec. 1032.053. BALLOT PETITION |
|
|
Sec. 1032.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1032.055. BOARD VACANCY |
|
|
Sec. 1032.056. OFFICERS |
|
|
Sec. 1032.057. COMPENSATION; EXPENSES |
|
|
Sec. 1032.058. VOTING REQUIREMENT |
|
|
Sec. 1032.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1032.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1032.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
[Sections 1032.062-1032.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1032.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1032.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1032.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1032.104. HOSPITAL SYSTEM |
|
|
Sec. 1032.105. RULES |
|
|
Sec. 1032.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1032.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1032.108. EMINENT DOMAIN |
|
|
Sec. 1032.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1032.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1032.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1032.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1032.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1032.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1032.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1032.116-1032.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1032.151. BUDGET |
|
|
Sec. 1032.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1032.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1032.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1032.155. FISCAL YEAR |
|
|
Sec. 1032.156. ANNUAL AUDIT |
|
|
Sec. 1032.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1032.158. FINANCIAL REPORT |
|
|
Sec. 1032.159. DEPOSITORY |
|
|
Sec. 1032.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1032.161-1032.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1032.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1032.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1032.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1032.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1032.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1032.206. REVENUE BONDS |
|
|
Sec. 1032.207. REFUNDING BONDS |
|
|
Sec. 1032.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1032.209-1032.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1032.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1032.252. TAX RATE |
|
|
Sec. 1032.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1032.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1032. GONZALES HEALTHCARE SYSTEMS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1032.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means Gonzales Healthcare Systems. |
|
|
(New.) |
|
|
Sec.1032.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is administered and financed in accordance with |
|
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
|
powers, and duties provided by this chapter. (Acts 64th Leg., R.S., |
|
|
Ch. 191, Sec. 1 (part).) |
|
|
Sec.1032.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 64th Leg., R.S., Ch. 191, Sec. 21 (part).) |
|
|
Sec.1032.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Gonzales County |
|
|
except the district does not include the territory of the following |
|
|
districts that lie within the county as those districts existed on |
|
|
January 1, 1975: |
|
|
(1) Nixon Hospital District of Gonzales and Wilson |
|
|
Counties; |
|
|
(2) DeWitt Medical District; |
|
|
(3) Yoakum Hospital District; and |
|
|
(4) Shiner Independent School District of Shiner and |
|
|
Lavaca Counties. (Acts 64th Leg., R.S., Ch. 191, Sec. 1 (part).) |
|
|
Sec. 1032.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 20 (part).) |
|
|
Sec.1032.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 64th Leg., R.S., Ch. 191, Sec. 20 (part).) |
|
|
[Sections 1032.007-1032.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1032.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of nine directors elected as follows: |
|
|
(1) four directors, each of whom is elected from the |
|
|
county commissioners precinct represented by the director; and |
|
|
(2) five directors from the district at large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(c) (part).) |
|
|
Sec.1032.052.NOTICE OF ELECTION. At least 45 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper or newspapers that |
|
|
individually or collectively have general circulation in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(c) (part).) |
|
|
Sec.1032.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 10 voters; and |
|
|
(2) filed at least 45 days before the date of the |
|
|
election. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(c) (part).) |
|
|
Sec.1032.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; or |
|
|
(2) a district employee. (Acts 64th Leg., R.S., Ch. |
|
|
191, Sec. 4(d).) |
|
|
Sec.1032.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 191, |
|
|
Sec. 4(c) (part).) |
|
|
Sec.1032.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(e) (part).) |
|
|
Sec.1032.057.COMPENSATION; EXPENSES. 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. (Acts 64th Leg., R.S., Ch. |
|
|
191, Sec. 4(e) (part).) |
|
|
Sec.1032.058.VOTING REQUIREMENT. A concurrence of five |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(e) (part).) |
|
|
Sec. 1032.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 64th Leg., R.S., Ch. 191, Sec. 5 (part).) |
|
|
Sec.1032.060.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 affairs of the district. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 5 (part).) |
|
|
Sec.1032.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 64th Leg., R.S., Ch. 191, Secs. 5 (part), 16.) |
|
|
[Sections 1032.062-1032.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1032.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating all hospital facilities for |
|
|
providing medical and hospital care for the district's needy |
|
|
inhabitants. (Acts 64th Leg., R.S., Ch. 191, Sec. 19 (part).) |
|
|
Sec. 1032.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
|
partly within the district may not impose a tax or issue bonds or |
|
|
other obligations for hospital purposes or to provide medical care |
|
|
for district residents. (Acts 64th Leg., R.S., Ch. 191, Sec. 19 |
|
|
(part).) |
|
|
Sec.1032.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 64th Leg., R.S., Ch. |
|
|
191, Sec. 5 (part).) |
|
|
Sec.1032.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include any facilities the board |
|
|
considers necessary for hospital care. (Acts 64th Leg., R.S., Ch. |
|
|
191, Secs. 2 (part), 10(a) (part).) |
|
|
Sec.1032.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 64th Leg., R.S., Ch. 191, |
|
|
Sec. 5 (part).) |
|
|
Sec.1032.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 10(b) (part).) |
|
|
Sec. 1032.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. (Acts 64th Leg., |
|
|
R.S., Ch. 191, Secs. 10(a) (part), (b) (part).) |
|
|
Sec.1032.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 64th Leg., R.S., Ch. 191, Sec. |
|
|
14.) |
|
|
Sec.1032.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 64th Leg., R.S., Ch. 191, |
|
|
Sec. 18.) |
|
|
Sec.1032.110.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of more than $10,000 may be |
|
|
made only after advertising in the manner provided by Chapter 252 |
|
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 10(b) (part).) |
|
|
Sec.1032.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 64th Leg., R.S., Ch. 191, Sec. 10(a) |
|
|
(part).) |
|
|
Sec. 1032.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 5 (part).) |
|
|
Sec. 1032.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district |
|
|
to provide investigatory or other services for the medical, |
|
|
hospital, or welfare needs of district inhabitants. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 5 (part).) |
|
|
Sec.1032.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 64th Leg., R.S., Ch. 191, Sec. 17.) |
|
|
Sec.1032.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 64th Leg., R.S., Ch. |
|
|
191, Sec. 5 (part).) |
|
|
[Sections 1032.116-1032.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1032.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 64th Leg., |
|
|
R.S., Ch. 191, Sec. 6 (part).) |
|
|
Sec.1032.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published one time at |
|
|
least 10 days 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 64th Leg., R.S., Ch. 191, Sec. 6 |
|
|
(part).) |
|
|
Sec.1032.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 64th Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
|
Sec.1032.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 64th Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
|
Sec.1032.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
|
Sec.1032.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
|
Sec. 1032.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection at the district's principal office. (Acts 64th Leg., |
|
|
R.S., Ch. 191, Sec. 6 (part).) |
|
|
Sec.1032.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 64th Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
|
Sec.1032.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1032.160(b), 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. |
|
|
(d) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 64th Leg., R.S., Ch. 191, |
|
|
Sec. 11.) |
|
|
Sec.1032.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1032.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 64th Leg., R.S., Ch. 191, Secs. 5 |
|
|
(part), 10(b) (part).) |
|
|
[Sections 1032.161-1032.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1032.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 64th Leg., R.S., Ch. 191, Sec. 7(a) (part).) |
|
|
Sec.1032.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1032.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 191, Sec. 7(a) (part).) |
|
|
Sec.1032.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 64th Leg., R.S., Ch. 191, |
|
|
Sec. 7(a) (part).) |
|
|
Sec.1032.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 50 |
|
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 191, |
|
|
Sec. 7(c) (part).) |
|
|
Sec.1032.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 64th Leg., |
|
|
R.S., Ch. 191, Sec. 7(c) (part).) |
|
|
Sec.1032.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
64th Leg., R.S., Ch. 191, Sec. 9 (part).) |
|
|
Sec.1032.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Secs. 7(a) (part), (b) (part), 9 (part).) |
|
|
Sec.1032.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Sec. 21 (part).) |
|
|
[Sections 1032.209-1032.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1032.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The board may not impose a tax to pay the principal of or |
|
|
interest on revenue bonds issued under this chapter. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Secs. 12(a) (part), 15(a) (part).) |
|
|
Sec.1032.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 64th |
|
|
Leg., R.S., Ch. 191, Secs. 3(b) (part), 12(a) (part), (b) (part).) |
|
|
Sec. 1032.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1032.254. |
|
|
(b) The tax assessor-collector of Gonzales County shall |
|
|
assess and collect taxes imposed by the district. (Acts 64th Leg., |
|
|
R.S., Ch. 191, Secs. 15(a) (part), (b) (part).) |
|
|
Sec. 1032.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by a similar resolution. |
|
|
(b) The district tax assessor-collector must reside in the |
|
|
district. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the term of employment; and |
|
|
(2) compensation. (Acts 64th Leg., R.S., Ch. 191, |
|
|
Secs. 15(a) (part), (c) (part).) |
|
|
CHAPTER 1033. GRAPELAND HOSPITAL DISTRICT |
|
|
OF HOUSTON COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1033.001. DEFINITIONS |
|
|
Sec. 1033.002. AUTHORITY FOR CREATION |
|
|
Sec. 1033.003. DISTRICT TERRITORY |
|
|
Sec. 1033.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1033.005. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1033.006-1033.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1033.051. BOARD ELECTION; TERM |
|
|
Sec. 1033.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1033.053. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1033.054. BOARD VACANCY |
|
|
Sec. 1033.055. OFFICERS |
|
|
Sec. 1033.056. COMPENSATION; EXPENSES |
|
|
Sec. 1033.057. DISTRICT ADMINISTRATOR |
|
|
Sec. 1033.058. EMPLOYEES; APPOINTMENT AND DISMISSAL OF STAFF |
|
|
Sec. 1033.059. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
[Sections 1033.060-1033.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1033.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1033.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1033.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
|
Sec. 1033.104. HOSPITAL SYSTEM |
|
|
Sec. 1033.105. RULES |
|
|
Sec. 1033.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1033.107. EMINENT DOMAIN |
|
|
Sec. 1033.108. GIFTS AND ENDOWMENTS |
|
|
Sec. 1033.109. CONTRACTS WITH POLITICAL SUBDIVISIONS |
|
|
FOR HOSPITAL CARE |
|
|
Sec. 1033.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
[Sections 1033.111-1033.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1033.151. BUDGET |
|
|
Sec. 1033.152. PROPOSED BUDGET; NOTICE AND HEARING |
|
|
Sec. 1033.153. FISCAL YEAR |
|
|
Sec. 1033.154. ANNUAL AUDIT |
|
|
Sec. 1033.155. DEPOSITORY |
|
|
[Sections 1033.156-1033.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1033.201. BONDS |
|
|
Sec. 1033.202. TAX TO PAY BONDS |
|
|
Sec. 1033.203. BOND ELECTION |
|
|
Sec. 1033.204. MATURITY OF BONDS |
|
|
Sec. 1033.205. EXECUTION OF BONDS |
|
|
[Sections 1033.206-1033.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1033.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1033.252. TAX RATE |
|
|
Sec. 1033.253. TAX ASSESSOR AND COLLECTOR |
|
|
[Sections 1033.254-1033.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1033.301. DISSOLUTION; ELECTION |
|
|
Sec. 1033.302. BALLOT |
|
|
Sec. 1033.303. ELECTION RESULTS |
|
|
Sec. 1033.304. TRANSFER OF DISTRICT ASSETS |
|
|
CHAPTER 1033. GRAPELAND HOSPITAL DISTRICT |
|
|
OF HOUSTON COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1033.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Grapeland Hospital District |
|
|
of Houston County, Texas. (New.) |
|
|
Sec.1033.002.AUTHORITY FOR CREATION. The district is |
|
|
created under the authority of Section 9, Article IX, Texas |
|
|
Constitution. (Acts 62nd Leg., R.S., Ch. 455, Sec. 1.) |
|
|
Sec.1033.003.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of the Grapeland |
|
|
Independent School District as those boundaries existed on May 26, |
|
|
1971. (Acts 62nd Leg., R.S., Ch. 455, Sec. 2.) |
|
|
Sec. 1033.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district's hospital |
|
|
system and any indebtedness incurred by the district under this |
|
|
chapter may not become a charge against or obligation of this state. |
|
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 18 (part).) |
|
|
Sec.1033.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 18 (part).) |
|
|
[Sections 1033.006-1033.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1033.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected from the district at large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 62nd Leg., R.S., Ch. 455, Secs. 5(a), (d), (e), |
|
|
(g).) |
|
|
Sec.1033.052.QUALIFICATIONS FOR OFFICE. To qualify for |
|
|
election to the board, a person must: |
|
|
(1) be at least 18 years of age; |
|
|
(2) have been a district resident for at least two |
|
|
years; and |
|
|
(3) be a qualified property taxpaying voter of the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 5(b).) |
|
|
Sec. 1033.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
commercial bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for a director's bond. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository for safekeeping. (Acts 62nd Leg., R.S., Ch. 455, Sec. |
|
|
6(a).) |
|
|
Sec.1033.054.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, a majority of the directors shall appoint a |
|
|
director for the unexpired term. (Acts 62nd Leg., R.S., Ch. 455, |
|
|
Sec. 5(h).) |
|
|
Sec.1033.055.OFFICERS. The board shall elect from among |
|
|
its members a president, a secretary, and a treasurer at the first |
|
|
meeting after each directors' election. (Acts 62nd Leg., R.S., Ch. |
|
|
455, Sec. 6(b).) |
|
|
Sec.1033.056.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but is entitled to reimbursement for necessary |
|
|
expenses incurred in the performance of official duties. (Acts |
|
|
62nd Leg., R.S., Ch. 455, Sec. 6(c).) |
|
|
Sec.1033.057.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
employ a district administrator to manage the operations of the |
|
|
hospital system. |
|
|
(b) The district administrator may employ necessary |
|
|
personnel to perform the services provided by the hospital system. |
|
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 12(e) (part).) |
|
|
Sec. 1033.058. EMPLOYEES; APPOINTMENT AND DISMISSAL OF |
|
|
STAFF. (a) The board may appoint to or dismiss from the staff any |
|
|
doctors the board considers necessary for the efficient operation |
|
|
of the district and make temporary appointments as necessary. |
|
|
(b) The board may employ an attorney, general manager, |
|
|
bookkeeper, architect, and other employees necessary for the |
|
|
efficient operation of the district. (Acts 62nd Leg., R.S., Ch. |
|
|
455, Secs. 12(e) (part), (h).) |
|
|
Sec.1033.059.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
The board shall: |
|
|
(1) maintain all district records, including books, |
|
|
accounts, notices, minutes, and other matters of the district and |
|
|
the district's operation at the district office; and |
|
|
(2) make those records available for public inspection |
|
|
at reasonable times. (Acts 62nd Leg., R.S., Ch. 455, Sec. 12(b).) |
|
|
[Sections 1033.060-1033.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1033.101.DISTRICT RESPONSIBILITY. The district shall |
|
|
provide all necessary medical and hospital care for the district's |
|
|
needy inhabitants. (Acts 62nd Leg., R.S., Ch. 455, Sec. 3 (part).) |
|
|
Sec. 1033.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
|
than the district, may not impose a tax or issue bonds or other |
|
|
obligations to provide hospital service or medical care in the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 3 (part).) |
|
|
Sec.1033.103.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
|
board has full power to manage and control the district. (Acts 62nd |
|
|
Leg., R.S., Ch. 455, Sec. 12(a) (part).) |
|
|
Sec.1033.104.HOSPITAL SYSTEM. The district has the |
|
|
responsibility to establish a hospital or hospital system within |
|
|
its boundaries to provide hospital and medical care to the |
|
|
district's residents. (Acts 62nd Leg., R.S., Ch. 455, Sec. 3 |
|
|
(part).) |
|
|
Sec.1033.105.RULES. (a) The board shall adopt rules for |
|
|
the efficient operation of the district, including district |
|
|
facilities. |
|
|
(b) The board shall: |
|
|
(1) publish the rules in book form; and |
|
|
(2) provide copies to interested persons on request at |
|
|
district expense. (Acts 62nd Leg., R.S., Ch. 455, Sec. 12(c).) |
|
|
Sec.1033.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe the method of making purchases and expenditures |
|
|
and the manner of accounting and control used by the district. |
|
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 12(e) (part).) |
|
|
Sec.1033.107.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in real, personal, or mixed property located in |
|
|
district territory if the interest is necessary or convenient for |
|
|
the district to exercise a power or duty conferred on the district |
|
|
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 in the trial court money or a |
|
|
bond as provided by Section 21.021(a), Property Code. |
|
|
(c) In a condemnation proceeding, the district is not |
|
|
required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; or |
|
|
(2) provide a bond for costs or a supersedeas bond on |
|
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 455, Sec. |
|
|
15.) |
|
|
Sec.1033.108.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board under the directions, limitations, or |
|
|
other provisions prescribed in writing by the donor that are not |
|
|
inconsistent with the proper management of the district. (Acts |
|
|
62nd Leg., R.S., Ch. 455, Sec. 12(f).) |
|
|
Sec. 1033.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR |
|
|
HOSPITAL CARE. The board may contract with a political subdivision |
|
|
to provide hospital care for needy persons who reside outside the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 12(g).) |
|
|
Sec.1033.110.PAYMENT FOR TREATMENT; PROCEDURES. (a) A |
|
|
person who resides in the district is entitled to receive necessary |
|
|
medical and hospital care from the district regardless of whether |
|
|
the person has the ability to pay for the care and may apply to |
|
|
receive this care without cost. |
|
|
(b) The board or the district administrator shall employ a |
|
|
person to investigate the ability of the patient and any relative |
|
|
who is liable for the patient's support to pay for the medical and |
|
|
hospital care received by the patient. |
|
|
(c) If the investigator determines that the patient or |
|
|
relative legally liable for the patient's support cannot pay all or |
|
|
part of the costs of the patient's care, the expense of the care |
|
|
becomes a charge against the district. |
|
|
(d) If the patient or a relative of the patient legally |
|
|
liable for the patient's support can pay for all or part of the |
|
|
costs of the patient's care, the board shall order the patient or |
|
|
relative to pay to the treasurer each week an amount specified in |
|
|
the order. The amount must be proportionate to the person's ability |
|
|
to pay. |
|
|
(e) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the investigator, the board shall hold a hearing and, |
|
|
after calling witnesses, shall: |
|
|
(1) determine the question; and |
|
|
(2) make the proper order based on the board's |
|
|
findings. |
|
|
(g) A party to the hearing who is not satisfied with the |
|
|
result of the order may appeal to the district court. The appeal is |
|
|
de novo. (Acts 62nd Leg., R.S., Ch. 455, Sec. 14.) |
|
|
[Sections 1033.111-1033.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1033.151.BUDGET. The board shall prepare a budget |
|
|
that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections for the next |
|
|
fiscal year; and |
|
|
(3) the amount of taxes required to be imposed to meet |
|
|
the proposed budget. (Acts 62nd Leg., R.S., Ch. 455, Sec. 13(b).) |
|
|
Sec.1033.152.PROPOSED BUDGET; NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in the district not later than |
|
|
the 11th day before the date of the hearing. |
|
|
(c) Any person is entitled to: |
|
|
(1) appear at the hearing; and |
|
|
(2) be heard regarding any item in the proposed |
|
|
budget. (Acts 62nd Leg., R.S., Ch. 455, Secs. 13(c), (d).) |
|
|
Sec.1033.153.FISCAL YEAR. The district's fiscal year is |
|
|
from October 1 to September 30. (Acts 62nd Leg., R.S., Ch. 455, |
|
|
Sec. 13(a).) |
|
|
Sec.1033.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
require an independent audit of the district's books and records. |
|
|
(b) Not later than December 1 of each year, the board shall |
|
|
file a copy of the audit with: |
|
|
(1) the comptroller; and |
|
|
(2) the district. (Acts 62nd Leg., R.S., Ch. 455, Sec. |
|
|
12(d).) |
|
|
Sec.1033.155.DEPOSITORY. (a) The board by resolution |
|
|
shall designate a bank in Houston County as the district's |
|
|
depository. A designated bank serves for two years and until a |
|
|
successor is designated. |
|
|
(b) All district money shall be deposited in the depository |
|
|
and secured in the manner provided for securing county funds. (Acts |
|
|
62nd Leg., R.S., Ch. 455, Sec. 16.) |
|
|
[Sections 1033.156-1033.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1033.201.BONDS. The district may issue bonds to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings or improvements; and |
|
|
(2) equip buildings for hospital purposes. (Acts 62nd |
|
|
Leg., R.S., Ch. 455, Secs. 9(a) (part), 10(a) (part).) |
|
|
Sec.1033.202.TAX TO PAY BONDS. The board may issue bonds |
|
|
under Section 1033.201 only if the board imposes an ad valorem tax |
|
|
at a rate sufficient to create an interest and sinking fund to pay |
|
|
the principal of and interest on the bonds as the bonds mature. |
|
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 10(c).) |
|
|
Sec.1033.203.BOND ELECTION. (a) The board may issue |
|
|
bonds under Section 1033.201 only if the bonds are authorized by a |
|
|
majority of district voters voting in an election held for that |
|
|
purpose. The total face value of the bonds may not exceed the |
|
|
amount specified in the election order. |
|
|
(b) The board may order a bond election at any time. |
|
|
(c) The order calling an election must include: |
|
|
(1) the time of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the form of the ballots; |
|
|
(4) the presiding judge for each polling place; |
|
|
(5) the purpose of the bond issuance; |
|
|
(6) the amount of the bonds to be authorized; |
|
|
(7) the maximum interest rate of the bonds; and |
|
|
(8) the maximum maturity of the bonds. |
|
|
(d) A substantial copy of the election order shall be |
|
|
published in a newspaper of general circulation in the district |
|
|
once a week for two consecutive weeks before the date of the |
|
|
election. The first notice must be published not later than the |
|
|
15th day before the date of the election. |
|
|
(e) A copy of the election results must be filed with the |
|
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
|
455, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d), 10(a) |
|
|
(part).) |
|
|
Sec.1033.204.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
62nd Leg., R.S., Ch. 455, Sec. 9(c).) |
|
|
Sec.1033.205.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
62nd Leg., R.S., Ch. 455, Sec. 10(b) (part).) |
|
|
[Sections 1033.206-1033.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1033.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The tax may be used only to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued under this chapter; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and the hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire sites for additions to the hospital |
|
|
system. (Acts 62nd Leg., R.S., Ch. 455, Secs. 8(a) (part), (c).) |
|
|
Sec.1033.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1033.253.TAX ASSESSOR AND COLLECTOR. The tax |
|
|
assessor-collector of Houston County shall collect taxes for the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 8(d) (part).) |
|
|
[Sections 1033.254-1033.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1033.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved as provided by this subchapter. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and transferring the district's assets and |
|
|
obligations to a governmental entity in Houston County as specified |
|
|
in the election order. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by at least 20 |
|
|
percent of the registered voters in the district. |
|
|
(d) The order calling the election must designate the |
|
|
governmental entity in Houston County to which the district's |
|
|
assets and obligations will be transferred. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 62nd Leg., R.S., Ch. |
|
|
455, Secs. 18A(a), (b), (c) (part).) |
|
|
Sec.1033.302.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Grapeland Hospital District |
|
|
and the transfer of the existing district assets to and the |
|
|
assumption of debts and bond obligations by ________ (name of |
|
|
governmental entity as specified in the election order)." (Acts |
|
|
62nd Leg., R.S., Ch. 455, Sec. 18A(d) (part).) |
|
|
Sec.1033.303.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution and |
|
|
transfer of the district's assets and obligations, the board shall: |
|
|
(1) declare that the district is dissolved; and |
|
|
(2) transfer the district's assets and obligations to |
|
|
a governmental entity as provided by Section 1033.304. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution and transfer of the district's assets and obligations, |
|
|
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 and transfer the district's assets and |
|
|
obligations. (Acts 62nd Leg., R.S., Ch. 455, Sec. 18A(e).) |
|
|
Sec.1033.304.TRANSFER OF DISTRICT ASSETS. (a) If a |
|
|
majority of the votes in the election favor dissolution and |
|
|
transfer of the district's assets and obligations, the board shall |
|
|
transfer to the governmental entity specified in the election order |
|
|
the land, buildings, improvements, equipment, and other assets that |
|
|
belong to the district. |
|
|
(b) The governmental entity assumes all debts and |
|
|
obligations of the district at the time of the transfer. (Acts 62nd |
|
|
Leg., R.S., Ch. 455, Secs. 18A(f).) |
|
|
CHAPTER 1036. HAMILTON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1036.001. DEFINITIONS |
|
|
Sec. 1036.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1036.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1036.004. DISTRICT TERRITORY |
|
|
Sec. 1036.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1036.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1036.007-1036.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1036.051. BOARD ELECTION; TERM |
|
|
Sec. 1036.052. NOTICE OF ELECTION |
|
|
Sec. 1036.053. BALLOT PETITION |
|
|
Sec. 1036.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1036.055. BOARD VACANCY |
|
|
Sec. 1036.056. OFFICERS |
|
|
Sec. 1036.057. COMPENSATION; EXPENSES |
|
|
Sec. 1036.058. VOTING REQUIREMENT |
|
|
Sec. 1036.059. DISTRICT ADMINISTRATOR |
|
|
Sec. 1036.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1036.061. ASSISTANT DISTRICT ADMINISTRATOR; |
|
|
ATTORNEY |
|
|
Sec. 1036.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1036.063. RETIREMENT BENEFITS |
|
|
[Sections 1036.064-1036.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1036.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1036.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
|
Sec. 1036.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1036.104. RULES |
|
|
Sec. 1036.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1036.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
|
Sec. 1036.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1036.108. EMINENT DOMAIN |
|
|
Sec. 1036.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1036.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1036.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1036.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1036.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1036.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1036.115. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1036.116. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1036.117-1036.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1036.151. BUDGET |
|
|
Sec. 1036.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1036.153. AMENDMENT OF BUDGET |
|
|
Sec. 1036.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1036.155. FISCAL YEAR |
|
|
Sec. 1036.156. ANNUAL AUDIT |
|
|
Sec. 1036.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1036.158. FINANCIAL REPORT |
|
|
Sec. 1036.159. DEPOSITORY |
|
|
Sec. 1036.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1036.161-1036.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1036.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1036.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1036.203. BOND ELECTION |
|
|
Sec. 1036.204. REVENUE BONDS |
|
|
Sec. 1036.205. REFUNDING BONDS |
|
|
Sec. 1036.206. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
|
OF BONDS |
|
|
Sec. 1036.207. MATURITY OF BONDS |
|
|
Sec. 1036.208. EXECUTION OF BONDS |
|
|
Sec. 1036.209. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1036.210-1036.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1036.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1036.252. TAX RATE |
|
|
Sec. 1036.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1036. HAMILTON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1036.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Hamilton County Hospital |
|
|
District. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 1.01.) |
|
|
Sec.1036.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 70th Leg., 2nd C.S., Ch. |
|
|
42, Sec. 1.02.) |
|
|
Sec.1036.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 42, Sec. 7.11 (part).) |
|
|
Sec.1036.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Commissioners |
|
|
Precincts 1, 2, and 4 of Hamilton County as those boundaries existed |
|
|
on June 14, 1989. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 1.03.) |
|
|
Sec. 1036.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. This state may not become obligated for the support or |
|
|
maintenance of the district. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
|
Sec. 9.01 (part).) |
|
|
Sec.1036.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 9.01 (part).) |
|
|
[Sections 1036.007-1036.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1036.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of five directors. |
|
|
(b) One director is elected from each commissioners |
|
|
precinct included in the district and two directors are elected |
|
|
from the district at large. |
|
|
(c) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) an election shall be held on the uniform election |
|
|
date in May of each year to elect the appropriate number of |
|
|
directors. (Acts 70th Leg., 2nd C.S., Ch. 42, Secs. 4.01(a), |
|
|
4.03(a), (d).) |
|
|
Sec.1036.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper with general circulation in the |
|
|
district. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 4.04.) |
|
|
Sec.1036.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must: |
|
|
(1) be signed by at least 10 registered voters of the |
|
|
district, as determined by the most recent official lists of |
|
|
registered voters; |
|
|
(2) be filed not later than the 31st day before the |
|
|
date of the election; and |
|
|
(3) specify the commissioners precinct the candidate |
|
|
wants to represent or specify that the candidate wants to represent |
|
|
the district at large. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
|
4.05.) |
|
|
Sec.1036.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be a candidate for or to serve as a director, a person |
|
|
must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person who is elected from a commissioners precinct or |
|
|
who is appointed to fill a vacancy for a commissioners precinct must |
|
|
be a resident of that commissioners precinct. |
|
|
(c) A district employee may not serve as a director. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 42, Sec. 4.06.) |
|
|
Sec.1036.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
|
Sec. 4.07.) |
|
|
Sec.1036.056.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 42, Secs. 4.08, |
|
|
4.09.) |
|
|
Sec.1036.057.COMPENSATION; EXPENSES. 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. (Acts 70th Leg., 2nd C.S., |
|
|
Ch. 42, Sec. 4.10.) |
|
|
Sec.1036.058.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
|
Sec. 4.11.) |
|
|
Sec.1036.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond in the amount determined by |
|
|
the board of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Secs. 4.12(a) (part), (b) (part), |
|
|
(c) (part), (d).) |
|
|
Sec.1036.060.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. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 42, Sec. 4.15.) |
|
|
Sec.1036.061.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the assistant district administrator; and |
|
|
(2) the attorney for the district. |
|
|
(b) The assistant district administrator and the attorney |
|
|
for the district serve at the will of the board and are entitled to |
|
|
the compensation determined by the board. (Acts 70th Leg., 2nd |
|
|
C.S., Ch. 42, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
|
Sec.1036.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ technicians, nurses, fiscal |
|
|
agents, accountants, architects, additional attorneys, and other |
|
|
necessary employees. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ persons for the district. (Acts 70th Leg., 2nd |
|
|
C.S., Ch. 42, Secs. 4.13, 4.14.) |
|
|
Sec.1036.063.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. (Acts 70th Leg., 2nd C.S., |
|
|
Ch. 42, Sec. 4.16.) |
|
|
[Sections 1036.064-1036.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1036.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
|
Sec. 5.02 (part).) |
|
|
Sec.1036.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
|
Hamilton County may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district residents. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
|
5.01(b).) |
|
|
Sec.1036.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 70th Leg., 2nd C.S., |
|
|
Ch. 42, Sec. 5.03.) |
|
|
Sec.1036.104.RULES. The board may adopt rules governing: |
|
|
(1) the operation of the hospital and hospital system; |
|
|
and |
|
|
(2) the duties, functions, and responsibilities of the |
|
|
district staff and employees. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
|
Sec. 5.04.) |
|
|
Sec.1036.105.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. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 5.05.) |
|
|
Sec.1036.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
|
district may operate or provide for the operation of a mobile |
|
|
emergency medical service. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
|
5.02 (part).) |
|
|
Sec. 1036.107. 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, including facilities and |
|
|
equipment, for the district for use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease hospital facilities for the |
|
|
district. |
|
|
(d) The board may sell or otherwise dispose of the property, |
|
|
including facilities or equipment, for the district. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Sec. 5.06.) |
|
|
Sec.1036.108.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 |
|
|
property interest is necessary for the district to exercise a right |
|
|
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 in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
|
5.09.) |
|
|
Sec.1036.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of any railroad, highway, pipeline, |
|
|
electric transmission and electric distribution, telegraph, or |
|
|
telephone line, conduit, pole, or facility, the district must bear |
|
|
the actual cost of relocating, raising, lowering, rerouting, |
|
|
changing the grade, or altering the construction to provide |
|
|
comparable replacement, without enhancement of facilities, after |
|
|
deducting the net salvage value derived from the old facility. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 5.10.) |
|
|
Sec.1036.110.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 other provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 70th Leg., 2nd C.S., Ch. |
|
|
42, Sec. 5.14.) |
|
|
Sec.1036.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves an expenditure of more than the amount prescribed by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 5.07(a).) |
|
|
Sec.1036.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a hospital facility for the district. (Acts 70th Leg., 2nd C.S., |
|
|
Ch. 42, Sec. 5.08.) |
|
|
Sec. 1036.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. The board may contract with a political subdivision of |
|
|
this state or with a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
|
5.13.) |
|
|
Sec.1036.114.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 individual's ability to pay. |
|
|
(d) The district administrator may collect the money owed to |
|
|
the district from the patient's estate or from that of a relative |
|
|
who was legally responsible for the patient's support in the manner |
|
|
provided by law for 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: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(f) The final order of the board may be appealed to a |
|
|
district court in Hamilton County. The substantial evidence rule |
|
|
applies to the appeal. (Acts 70th Leg., 2nd C.S., Ch. 42, Secs. |
|
|
5.11(b), (c), (d), (e), (f).) |
|
|
Sec.1036.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person of that county, |
|
|
municipality, or public hospital as provided by Chapter 61, Health |
|
|
and Safety Code. |
|
|
(b) The board shall require the sheriff of Hamilton County |
|
|
to reimburse the district for the district's care and treatment of a |
|
|
person who is confined in a jail facility of Hamilton County and is |
|
|
not a district resident. |
|
|
(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. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Sec. 5.12.) |
|
|
Sec.1036.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. (Acts 70th Leg., 2nd |
|
|
C.S., Ch. 42, Sec. 5.15.) |
|
|
[Sections 1036.117-1036.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1036.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 70th Leg., |
|
|
2nd C.S., Ch. 42, Sec. 6.04.) |
|
|
Sec.1036.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 6.05.) |
|
|
Sec.1036.153.AMENDMENT OF BUDGET. After adoption, the |
|
|
annual budget may be amended on the board's approval. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Sec. 6.06.) |
|
|
Sec.1036.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 6.07.) |
|
|
Sec.1036.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Sec. 6.01.) |
|
|
Sec.1036.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Sec. 6.02.) |
|
|
Sec. 1036.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection during regular business hours at the district's |
|
|
principal office. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 6.03.) |
|
|
Sec.1036.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 6.08.) |
|
|
Sec.1036.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1036.160(b) 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 must remain on |
|
|
deposit. This subsection does not limit the power of the board to |
|
|
place a part of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
|
Sec. 6.10.) |
|
|
Sec.1036.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Sections 1036.111, 1036.201, 1036.204, and |
|
|
1036.205, the district may not incur a debt payable from district |
|
|
revenue other than the revenue on hand or to be on hand in the |
|
|
current and the immediately following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
|
6.09.) |
|
|
[Sections 1036.161-1036.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1036.201.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. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 7.01.) |
|
|
Sec.1036.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1036.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
|
7.02.) |
|
|
Sec.1036.203.BOND ELECTION. (a) The district may issue |
|
|
general obligation bonds or other bonds secured wholly or partly by |
|
|
an ad valorem tax, other than refunding bonds, only if the bonds are |
|
|
authorized by a majority of the voters voting at an election held |
|
|
for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Secs. 7.03, 7.12 (part).) |
|
|
Sec.1036.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, 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 revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 7.04.) |
|
|
Sec.1036.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund an outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) Refunding bonds may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Secs. 7.05(a), (c) (part).) |
|
|
Sec. 1036.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
|
BONDS. In addition to the authority to issue general obligation |
|
|
bonds and revenue bonds under this subchapter, the board may |
|
|
provide for the security and payment of district bonds from a pledge |
|
|
of a combination of ad valorem taxes as authorized by Section |
|
|
1036.202 and revenue and other sources authorized by Section |
|
|
1036.204. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 7.12 (part).) |
|
|
Sec.1036.207.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
70th Leg., 2nd C.S., Ch. 42, Sec. 7.06 (part).) |
|
|
Sec.1036.208.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute district bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 70th Leg., |
|
|
2nd C.S., Ch. 42, Sec. 7.07.) |
|
|
Sec.1036.209.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Sec. 7.11 (part).) |
|
|
[Sections 1036.210-1036.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1036.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
|
Sec.1036.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 70th |
|
|
Leg., 2nd C.S., Ch. 42, Secs. 8.01(a), (b), 8.03 (part).) |
|
|
Sec.1036.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
|
8.04(b).) |
|
|
CHAPTER 1037. HAMLIN HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1037.001. DEFINITIONS |
|
|
Sec. 1037.002. AUTHORITY FOR CREATION |
|
|
Sec. 1037.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1037.004. DISTRICT TERRITORY |
|
|
Sec. 1037.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1037.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
[Sections 1037.007-1037.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1037.051. BOARD ELECTION; TERM |
|
|
Sec. 1037.052. NOTICE OF ELECTION |
|
|
Sec. 1037.053. BALLOT PETITION |
|
|
Sec. 1037.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1037.055. BOARD VACANCY |
|
|
Sec. 1037.056. OFFICERS |
|
|
Sec. 1037.057. COMPENSATION; EXPENSES |
|
|
Sec. 1037.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1037.059. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1037.060. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
[Sections 1037.061-1037.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1037.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1037.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1037.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1037.104. HOSPITAL SYSTEM |
|
|
Sec. 1037.105. RULES |
|
|
Sec. 1037.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1037.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1037.108. EMINENT DOMAIN |
|
|
Sec. 1037.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1037.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1037.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1037.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1037.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1037.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1037.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1037.116-1037.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1037.151. BUDGET |
|
|
Sec. 1037.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1037.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1037.154. FISCAL YEAR |
|
|
Sec. 1037.155. AUDIT |
|
|
Sec. 1037.156. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1037.157. FINANCIAL REPORT |
|
|
Sec. 1037.158. DEPOSITORY |
|
|
Sec. 1037.159. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1037.160-1037.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1037.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1037.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1037.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1037.204. REVENUE BONDS |
|
|
Sec. 1037.205. REFUNDING BONDS |
|
|
Sec. 1037.206. MATURITY OF BONDS |
|
|
Sec. 1037.207. EXECUTION OF BONDS |
|
|
Sec. 1037.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1037.209-1037.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1037.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1037.252. TAX RATE |
|
|
Sec. 1037.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1037. HAMLIN HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1037.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Hamlin Hospital District. |
|
|
(Acts 63rd Leg., R.S., Ch. 561, Sec. 1 (part); New.) |
|
|
Sec.1037.002.AUTHORITY FOR CREATION. The district is |
|
|
created under the authority of Section 9, Article IX, Texas |
|
|
Constitution. The district has the rights, powers, and duties |
|
|
conferred by this chapter and general laws relating to hospital |
|
|
districts. (Acts 63rd Leg., R.S., Ch. 561, Secs. 1 (part), 2 |
|
|
(part).) |
|
|
Sec.1037.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 63rd Leg., R.S., Ch. 561, Sec. 22 (part).) |
|
|
Sec.1037.004.DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 561, Acts |
|
|
of the 63rd Legislature, Regular Session, 1973. (New.) |
|
|
Sec.1037.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 63rd Leg., R.S., Ch. 561, Sec. 24 (part).) |
|
|
Sec. 1037.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Sec. 21 (part).) |
|
|
[Sections 1037.007-1037.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1037.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected from the district at large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) the terms of four directors expire in odd-numbered |
|
|
years and the terms of three directors expire in even-numbered |
|
|
years. |
|
|
(c) The election order must state the time, place, and |
|
|
purpose of the election. (Acts 63rd Leg., R.S., Ch. 561, Sec. 4(a) |
|
|
(part).) |
|
|
Sec.1037.052.NOTICE OF ELECTION. At least five days |
|
|
before the date of an election of directors, notice of the election |
|
|
shall be published one time in a newspaper of general circulation in |
|
|
the district. (Acts 63rd Leg., R.S., Ch. 561, Sec. 4(a) (part).) |
|
|
Sec.1037.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 10 registered voters; and |
|
|
(2) filed at least 25 days before the date of the |
|
|
election. (Acts 63rd Leg., R.S., Ch. 561, Sec. 4(a) (part).) |
|
|
Sec.1037.054.QUALIFICATIONS FOR OFFICE. To be eligible |
|
|
to hold office as a director, a person must be a resident |
|
|
property-owning taxpaying voter of the district. (Acts 63rd Leg., |
|
|
R.S., Ch. 561, Sec. 4(b) (part).) |
|
|
Sec.1037.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors by majority vote shall |
|
|
appoint a director for the unexpired term. (Acts 63rd Leg., R.S., |
|
|
Ch. 561, Sec. 4(a) (part).) |
|
|
Sec.1037.056.OFFICERS. (a) The board shall elect from |
|
|
among its members a president, vice president, secretary, and other |
|
|
officers as in the judgment of the board are necessary. |
|
|
(b) The president is the chief executive officer of the |
|
|
district and has the same right to vote as any other director. |
|
|
(c) If the president is absent or fails and declines to act, |
|
|
the vice president shall perform the president's duties and |
|
|
exercise the president's powers under this chapter. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Sec. 4(b) (part).) |
|
|
Sec.1037.057.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may receive actual expenses incurred in |
|
|
attending to district business on approval of the expenses by the |
|
|
remainder of the board. (Acts 63rd Leg., R.S., Ch. 561, Sec. 4(b) |
|
|
(part).) |
|
|
Sec. 1037.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 63rd Leg., R.S., Ch. 561, Sec. 5 (part).) |
|
|
Sec.1037.059.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 affairs of the district. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Sec. 5 (part).) |
|
|
Sec.1037.060.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The board shall determine the type, number, and location |
|
|
of district employees required to maintain an adequate hospital |
|
|
system. The board may employ fiscal agents, accountants, |
|
|
architects, attorneys, and other employees the board considers |
|
|
proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 63rd Leg., R.S., Ch. 561, Secs. 5 (part), 10(a) |
|
|
(part), 17.) |
|
|
[Sections 1037.061-1037.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1037.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing hospital care for the district's |
|
|
indigent residents. (Acts 63rd Leg., R.S., Ch. 561, Sec. 20 |
|
|
(part).) |
|
|
Sec. 1037.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes for the area of the district or to provide |
|
|
medical care for district inhabitants. (Acts 63rd Leg., R.S., Ch. |
|
|
561, Sec. 20 (part).) |
|
|
Sec.1037.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
(a) The board shall manage, control, and administer the hospital |
|
|
system and the district's money and resources. |
|
|
(b) Unless specifically stated otherwise in this chapter, |
|
|
the board has the power to do anything which, in their opinion, is |
|
|
necessary for the good maintenance, operation, and welfare of the |
|
|
district and the district's employees, patients, and property. |
|
|
(Acts 63rd Leg., R.S., Ch. 561, Secs. 5 (part), 21 (part).) |
|
|
Sec.1037.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) facilities for domiciliary care of the sick, |
|
|
injured, or geriatric; |
|
|
(2) facilities for outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses' domiciliaries and training |
|
|
centers; |
|
|
(6) blood banks; |
|
|
(7) research centers or laboratories; and |
|
|
(8) ambulance and other facilities or services the |
|
|
board considers necessary for hospital care. (Acts 63rd Leg., |
|
|
R.S., Ch. 561, Secs. 2 (part), 10(a) (part).) |
|
|
Sec.1037.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 63rd Leg., R.S., Ch. 561, |
|
|
Sec. 5 (part).) |
|
|
Sec.1037.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Sec. 11 (part).) |
|
|
Sec. 1037.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type of equipment and |
|
|
the type, number, and location of buildings required to maintain an |
|
|
adequate hospital system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. The board may not sell |
|
|
or dispose of any real property unless the board affirmatively |
|
|
finds that the real property is not needed for the operation of the |
|
|
hospital system. (Acts 63rd Leg., R.S., Ch. 561, Secs. 10(a) |
|
|
(part), (b) (part), 11 (part).) |
|
|
Sec.1037.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary for the district to exercise |
|
|
a power, right, or privilege conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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 |
|
|
any appeal or writ of error. (Acts 63rd Leg., R.S., Ch. 561, Sec. |
|
|
15.) |
|
|
Sec.1037.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment for hospital purposes to be |
|
|
held in trust and administered by the board for the purposes and |
|
|
under the directions, limitations, or other provisions prescribed |
|
|
in writing by the donor that are not inconsistent with the proper |
|
|
management and objectives of the district. (Acts 63rd Leg., R.S., |
|
|
Ch. 561, Sec. 19.) |
|
|
Sec.1037.110.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of more than $2,000 may be |
|
|
made only after advertising in the manner provided by Chapter 252 |
|
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Sec. 11 (part).) |
|
|
Sec.1037.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 63rd Leg., R.S., Ch. 561, Sec. 10(b) |
|
|
(part).) |
|
|
Sec. 1037.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Sec. 5 (part).) |
|
|
Sec. 1037.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district |
|
|
to provide investigatory or other services for the medical, |
|
|
hospital, or welfare needs of district inhabitants. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Sec. 5 (part).) |
|
|
Sec.1037.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) The final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 63rd Leg., R.S., Ch. 561, Sec. 18.) |
|
|
Sec.1037.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 63rd Leg., R.S., Ch. |
|
|
561, Sec. 5 (part).) |
|
|
[Sections 1037.116-1037.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1037.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; |
|
|
(7) the estimated tax rate required; and |
|
|
(8) the proposed expenditures and disbursements and |
|
|
the estimated receipts and collections for the following fiscal |
|
|
year. (Acts 63rd Leg., R.S., Ch. 561, Sec. 6(a) (part).) |
|
|
Sec.1037.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) At least 10 days before the date of the hearing, notice |
|
|
of the hearing shall be published one time in a newspaper or |
|
|
newspapers that individually or collectively have general |
|
|
circulation in the district. |
|
|
(c) Any district resident is entitled to be present and |
|
|
participate at the hearing in accordance with the rules of decorum |
|
|
and procedures prescribed by the board. |
|
|
(d) At the conclusion of the hearing, the board shall adopt |
|
|
a final budget by acting on the budget proposed by the district |
|
|
administrator. The board may make any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 63rd Leg., R.S., Ch. 561, Secs. |
|
|
6(a) (part), (b) (part).) |
|
|
Sec.1037.153.AMENDMENTS TO BUDGET. The annual budget may |
|
|
be amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 63rd Leg., R.S., Ch. 561, Sec. 6(b) (part).) |
|
|
Sec.1037.154.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed more than once in a |
|
|
24-month period. (Acts 63rd Leg., R.S., Ch. 561, Sec. 6(a) (part).) |
|
|
Sec.1037.155.AUDIT. (a) The board shall have an |
|
|
independent audit made of the district's financial condition for |
|
|
the fiscal year. |
|
|
(b) As soon as the audit is completed, the audit shall be |
|
|
filed at the district's principal office. (Acts 63rd Leg., R.S., |
|
|
Ch. 561, Sec. 6(a) (part).) |
|
|
Sec.1037.156.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 63rd Leg., R.S., Ch. 561, |
|
|
Sec. 6(a) (part).) |
|
|
Sec.1037.157.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 63rd Leg., R.S., Ch. 561, Sec. 6(b) (part).) |
|
|
Sec.1037.158.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1037.159(b), 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. (Acts 63rd Leg., |
|
|
R.S., Ch. 561, Sec. 12.) |
|
|
Sec.1037.159.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1037.107(c) and by |
|
|
Subchapter E, the board may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 63rd Leg., R.S., Ch. 561, Secs. 5 |
|
|
(part), 11 (part).) |
|
|
[Sections 1037.160-1037.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1037.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 63rd Leg., R.S., Ch. 561, Sec. 7 (part).) |
|
|
Sec.1037.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued under Section |
|
|
1037.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
tax rate approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 63rd Leg., R.S., Ch. 561, Sec. 7 |
|
|
(part).) |
|
|
Sec.1037.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum maturity of the bonds; and |
|
|
(6) the maximum interest rate of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 63rd Leg., R.S., Ch. 561, |
|
|
Sec. 7 (part).) |
|
|
Sec.1037.204.REVENUE BONDS. (a) The board may, without |
|
|
an election, issue revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
63rd Leg., R.S., Ch. 561, Secs. 7 (part), 8(b) (part).) |
|
|
Sec.1037.205.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Secs. 7 (part), 8(a) (part), (b) (part).) |
|
|
Sec.1037.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
63rd Leg., R.S., Ch. 561, Sec. 9 (part).) |
|
|
Sec.1037.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 63rd Leg., |
|
|
R.S., Ch. 561, Sec. 9 (part).) |
|
|
Sec.1037.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Sec. 22 (part).) |
|
|
[Sections 1037.209-1037.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1037.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds and other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system, based on the final budget; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 63rd Leg., R.S., Ch. 561, |
|
|
Secs. 3 (part), 13 (part).) |
|
|
Sec.1037.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 63rd |
|
|
Leg., R.S., Ch. 561, Secs. 3 (part), 13 (part).) |
|
|
Sec.1037.253.TAX ASSESSOR-COLLECTOR. (a) The board |
|
|
shall appoint a tax assessor-collector to assess and collect taxes |
|
|
imposed by the district. |
|
|
(b) The district tax assessor-collector must reside in the |
|
|
district. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the term of employment; and |
|
|
(2) compensation. (Acts 63rd Leg., R.S., Ch. 561, |
|
|
Sec. 16 (part).) |
|
|
CHAPTER 1038. HARDEMAN COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1038.001. DEFINITIONS |
|
|
Sec. 1038.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1038.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1038.004. DISTRICT TERRITORY |
|
|
Sec. 1038.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1038.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
Sec. 1038.007. ELECTION DATE |
|
|
[Sections 1038.008-1038.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1038.051. BOARD ELECTION; TERM |
|
|
Sec. 1038.052. NOTICE OF ELECTION |
|
|
Sec. 1038.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1038.054. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1038.055. BOARD VACANCY |
|
|
Sec. 1038.056. OFFICERS |
|
|
Sec. 1038.057. COMPENSATION; EXPENSES |
|
|
Sec. 1038.058. VOTING REQUIREMENT |
|
|
Sec. 1038.059. DISTRICT ADMINISTRATOR |
|
|
Sec. 1038.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1038.061. ATTORNEY; ASSISTANT DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1038.062. APPOINTMENT AND RECRUITMENT OF STAFF |
|
|
AND EMPLOYEES |
|
|
Sec. 1038.063. PERSONNEL CONTRACTS |
|
|
Sec. 1038.064. RETIREMENT BENEFITS |
|
|
[Sections 1038.065-1038.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1038.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1038.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1038.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1038.104. HOSPITAL SYSTEM |
|
|
Sec. 1038.105. RULES |
|
|
Sec. 1038.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1038.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1038.108. EMINENT DOMAIN |
|
|
Sec. 1038.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1038.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1038.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1038.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1038.113. INTERLOCAL AGREEMENT |
|
|
Sec. 1038.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1038.115. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1038.116. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1038.117. NONPROFIT CORPORATION |
|
|
Sec. 1038.118. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1038.119-1038.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1038.151. BUDGET |
|
|
Sec. 1038.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1038.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1038.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1038.155. FISCAL YEAR |
|
|
Sec. 1038.156. ANNUAL AUDIT |
|
|
Sec. 1038.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1038.158. FINANCIAL REPORT |
|
|
Sec. 1038.159. DEPOSITORY |
|
|
Sec. 1038.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1038.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1038.162-1038.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1038.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1038.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1038.203. BOND ELECTION |
|
|
Sec. 1038.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1038.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1038.206. REVENUE BONDS |
|
|
Sec. 1038.207. REFUNDING BONDS |
|
|
Sec. 1038.208. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
|
OF BONDS |
|
|
Sec. 1038.209. USE OF BOND PROCEEDS |
|
|
Sec. 1038.210. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1038.211-1038.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1038.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1038.252. TAX RATE |
|
|
Sec. 1038.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1038.254-1038.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1038.301. DISSOLUTION; ELECTION |
|
|
Sec. 1038.302. NOTICE OF ELECTION |
|
|
Sec. 1038.303. BALLOT |
|
|
Sec. 1038.304. ELECTION RESULTS |
|
|
Sec. 1038.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
|
Sec. 1038.306. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
Sec. 1038.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES |
|
|
Sec. 1038.308. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1038. HARDEMAN COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1038.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Hardeman County Hospital |
|
|
District. (New.) |
|
|
Sec.1038.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is administered and financed in accordance with |
|
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
|
powers, and duties provided by this chapter. (Acts 66th Leg., R.S., |
|
|
Ch. 214, Sec. 1 (part).) |
|
|
Sec.1038.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 66th Leg., R.S., Ch. 214, Sec. 20 (part).) |
|
|
Sec.1038.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of County |
|
|
Commissioners Precincts Nos. 1, 2, and 4 of Hardeman County, Texas, |
|
|
as those boundaries existed on May 17, 1979. (Acts 66th Leg., R.S., |
|
|
Ch. 214, Sec. 1 (part).) |
|
|
Sec. 1038.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Sec. 19 (part).) |
|
|
Sec.1038.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 66th Leg., R.S., Ch. 214, Sec. 19 (part).) |
|
|
Sec.1038.007.ELECTION DATE. Except as provided by |
|
|
Section 1038.051, Section 41.001(a), Election Code, does not apply |
|
|
to an election held under this chapter. (Acts 66th Leg., R.S., Ch. |
|
|
214, Secs. 3(a) (part), 6(a) (part), 21A(c) (part).) |
|
|
[Sections 1038.008-1038.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1038.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected from the district at large. |
|
|
(b) The board shall declare the results of the election. |
|
|
(c) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. |
|
|
(d) Section 41.001, Election Code, applies to an election |
|
|
held under this section. (Acts 66th Leg., R.S., Ch. 214, Secs. 3(d) |
|
|
(part), (f) (part).) |
|
|
Sec.1038.052.NOTICE OF ELECTION. At least 30 days before |
|
|
the date of an election of directors, the board shall publish notice |
|
|
of the election one time in a newspaper or newspapers that |
|
|
individually or collectively have general circulation in the |
|
|
district. (Acts 66th Leg., R.S., Ch. 214, Sec. 3(f) (part).) |
|
|
Sec.1038.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; |
|
|
(2) the attorney for the district; or |
|
|
(3) a district employee. (Acts 66th Leg., R.S., Ch. |
|
|
214, Sec. 3(h).) |
|
|
Sec. 1038.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director may be required to execute a good and |
|
|
sufficient bond for $5,000 that is: |
|
|
(1) approved by the Commissioners Court of Hardeman |
|
|
County; |
|
|
(2) payable to the district; and |
|
|
(3) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district may provide for a director's bond with |
|
|
district money. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be kept in the district's permanent |
|
|
records. (Acts 66th Leg., R.S., Ch. 214, Secs. 3(a) (part), (g).) |
|
|
Sec.1038.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 66th Leg., R.S., Ch. 214, |
|
|
Sec. 3(f) (part).) |
|
|
Sec.1038.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 66th Leg., R.S., Ch. 214, Sec. 3(i) (part).) |
|
|
Sec.1038.057.COMPENSATION; EXPENSES. 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. (Acts 66th Leg., R.S., Ch. |
|
|
214, Sec. 3(i) (part).) |
|
|
Sec.1038.058.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 66th Leg., R.S., Ch. 214, Sec. 3(i) (part).) |
|
|
Sec.1038.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) On assuming the duties of district administrator, the |
|
|
administrator may execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 66th Leg., R.S., Ch. 214, Sec. 4(a) (part).) |
|
|
Sec.1038.060.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 affairs of the district. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Sec. 4(a) (part).) |
|
|
Sec.1038.061.ATTORNEY; ASSISTANT DISTRICT ADMINISTRATOR. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the attorney for the district; and |
|
|
(2) the assistant district administrator. |
|
|
(b) The attorney for the district and the assistant district |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. (Acts 66th Leg., R.S., Ch. |
|
|
214, Sec. 4(a) (part).) |
|
|
Sec. 1038.062. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
|
board considers necessary for the efficient operation of the |
|
|
district and may make temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ district employees, including technicians and |
|
|
nurses. |
|
|
(d) The board may spend district money to recruit |
|
|
physicians, nurses, and other trained medical personnel. The board |
|
|
may pay the tuition or other expenses of a full-time medical student |
|
|
or other student in a health occupation who: |
|
|
(1) is enrolled in and is in good standing at an |
|
|
accredited medical school, college, or university; and |
|
|
(2) contractually agrees to become a district employee |
|
|
or independent contractor in return for that assistance. (Acts |
|
|
66th Leg., R.S., Ch. 214, Secs. 4(a) (part), (h), 15.) |
|
|
Sec.1038.063.PERSONNEL CONTRACTS. (a) The board may |
|
|
contract to provide administrative or other personnel for the |
|
|
operation of the hospital facilities. |
|
|
(b) The term of the contract may not exceed 25 years. (Acts |
|
|
66th Leg., R.S., Ch. 214, Sec. 4(e).) |
|
|
Sec.1038.064.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. (Acts 66th Leg., R.S., Ch. |
|
|
214, Sec. 4(g).) |
|
|
[Sections 1038.065-1038.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1038.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating all hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
|
18 (part).) |
|
|
Sec. 1038.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located wholly or partly |
|
|
within the district may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district residents. (Acts 66th Leg., R.S., Ch. 214, Sec. 18 |
|
|
(part).) |
|
|
Sec.1038.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 66th Leg., R.S., Ch. |
|
|
214, Sec. 4(a) (part).) |
|
|
Sec.1038.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the system for hospital purposes. |
|
|
(b) The hospital system may include any facilities the board |
|
|
considers necessary for hospital care. (Acts 66th Leg., R.S., Ch. |
|
|
214, Secs. 2 (part), 9(a) (part).) |
|
|
Sec.1038.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 66th Leg., R.S., Ch. 214, |
|
|
Sec. 4(a) (part).) |
|
|
Sec.1038.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Sec. 9(b) (part).) |
|
|
Sec. 1038.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may: |
|
|
(1) purchase or lease property, including facilities |
|
|
or equipment, for the district to use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease district hospital facilities to |
|
|
individuals, corporations, or other legal entities. |
|
|
(d) The board may sell or otherwise dispose of the |
|
|
district's property. (Acts 66th Leg., R.S., Ch. 214, Secs. 4(b), |
|
|
(f), 9(a) (part), (b) (part).) |
|
|
Sec.1038.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in the trial court money or a |
|
|
bond as provided by Section 21.021, Property Code. |
|
|
(c) In a condemnation proceeding brought by the district, |
|
|
the district is not required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
|
13(a).) |
|
|
Sec.1038.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of any railroad, electric transmission, |
|
|
telegraph or telephone line, conduit, pole, or facility, or |
|
|
pipeline, the district must bear the actual cost of relocating, |
|
|
raising, lowering, rerouting, changing the grade, or altering the |
|
|
construction to provide comparable replacement without enhancement |
|
|
of facilities, after deducting the net salvage value derived from |
|
|
the old facility. (Acts 66th Leg., R.S., Ch. 214, Sec. 13(b).) |
|
|
Sec.1038.110.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust for the |
|
|
purposes and under the directions, limitations, or other provisions |
|
|
prescribed in writing by the donor that are consistent with the |
|
|
proper management and objectives of the district. (Acts 66th Leg., |
|
|
R.S., Ch. 214, Sec. 17.) |
|
|
Sec.1038.111.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that requires the expenditure of more than the amount |
|
|
provided by Section 271.024, Local Government Code, may be made |
|
|
only after competitive bidding as provided by Subchapter B, Chapter |
|
|
271, Local Government Code. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
|
9(b) (part).) |
|
|
Sec.1038.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 66th Leg., R.S., Ch. 214, Sec. 9(a) |
|
|
(part).) |
|
|
Sec.1038.113.INTERLOCAL AGREEMENT. The board may enter |
|
|
into an interlocal agreement with another political subdivision to |
|
|
operate the district. (Acts 66th Leg., R.S., Ch. 214, Sec. 4(d).) |
|
|
Sec. 1038.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries to |
|
|
reimburse the district for the care and treatment of a sick or |
|
|
injured person of that county or municipality. |
|
|
(b) The district may contract with this state or a federal |
|
|
agency for reimbursement for the treatment of a sick or injured |
|
|
person. (Acts 66th Leg., R.S., Ch. 214, Sec. 4(c) (part).) |
|
|
Sec. 1038.115. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency as to the district to |
|
|
provide investigatory or other services as to facilities for the |
|
|
medical care, hospital, or welfare needs of district inhabitants. |
|
|
(Acts 66th Leg., R.S., Ch. 214, Sec. 4(c) (part).) |
|
|
Sec.1038.116.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue a final order. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 66th Leg., R.S., Ch. 214, Sec. 16.) |
|
|
Sec.1038.117.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. |
|
|
(a-1) On or before December 31, 2009, the district may |
|
|
create and sponsor a nonprofit corporation under the Texas |
|
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
|
applicable, and may contribute money to or solicit money for the |
|
|
corporation. |
|
|
(b) The corporation may use district money 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. |
|
|
(e) This subsection and Subsection (a-1) expire December |
|
|
31, 2009. (Acts 66th Leg., R.S., Ch. 214, Sec. 4(j).) |
|
|
Sec.1038.118.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch. |
|
|
214, Sec. 4(a) (part).) |
|
|
[Sections 1038.119-1038.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1038.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 66th Leg., |
|
|
R.S., Ch. 214, Sec. 5 (part).) |
|
|
Sec.1038.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) The board shall publish notice of the hearing in |
|
|
accordance with Subchapter C, Chapter 551, Government Code. |
|
|
(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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 66th Leg., R.S., Ch. 214, Sec. 5 |
|
|
(part).) |
|
|
Sec.1038.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 66th Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
|
Sec.1038.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 66th Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
|
Sec.1038.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
|
Sec.1038.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
|
Sec. 1038.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection at the district's principal office. (Acts 66th Leg., |
|
|
R.S., Ch. 214, Sec. 5 (part).) |
|
|
Sec.1038.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 66th Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
|
Sec.1038.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1038.160(b) 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. |
|
|
(d) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 66th Leg., R.S., Ch. 214, |
|
|
Sec. 10.) |
|
|
Sec.1038.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by this chapter, the district may not |
|
|
incur an obligation payable from district revenue other than the |
|
|
revenue on hand or to be on hand in the current and following |
|
|
district fiscal years. |
|
|
(b) The board shall invest operating, depreciation, or |
|
|
building reserves in accordance with Chapter 2256, Government Code. |
|
|
(Acts 66th Leg., R.S., Ch. 214, Secs. 4(a) (part), 9(b) (part).) |
|
|
Sec.1038.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money for district obligations at the time the |
|
|
loan is made. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Sec. 14A.) |
|
|
[Sections 1038.162-1038.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1038.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 66th Leg., R.S., Ch. 214, Sec. 6(a) (part).) |
|
|
Sec.1038.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1038.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 66th Leg., R.S., Ch. 214, Sec. 6(a) |
|
|
(part).) |
|
|
Sec.1038.203.BOND ELECTION. (a) The district may issue |
|
|
bonds, other than refunding bonds, wholly or partly secured by an ad |
|
|
valorem tax only if the bonds are authorized by a majority of the |
|
|
district voters voting at an election held in the district. |
|
|
(b) Except as otherwise provided by this chapter, the |
|
|
election shall be conducted in accordance with Chapter 1251, |
|
|
Government Code. (Acts 66th Leg., R.S., Ch. 214, Secs. 6(a) (part), |
|
|
8A (part).) |
|
|
Sec.1038.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 66th Leg., R.S., Ch. 214, |
|
|
Sec. 6(c) (part).) |
|
|
Sec.1038.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 66th Leg., |
|
|
R.S., Ch. 214, Sec. 6(c) (part).) |
|
|
Sec.1038.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
66th Leg., R.S., Ch. 214, Sec. 8 (part).) |
|
|
Sec.1038.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) Refunding bonds may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. |
|
|
(c) A refunding bond must mature not later than the 40th |
|
|
anniversary of the date of issuance. (Acts 66th Leg., R.S., Ch. |
|
|
214, Secs. 6(a) (part), (b) (part), 8 (part), 14B(b) (part).) |
|
|
Sec. 1038.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
|
BONDS. In addition to the authority to issue general obligation |
|
|
bonds and revenue bonds under this subchapter, the board may |
|
|
provide for the security and payment of district bonds from a pledge |
|
|
of a combination of ad valorem taxes as authorized by Section |
|
|
1038.202 and revenue and other sources as authorized by Section |
|
|
1038.206. (Acts 66th Leg., R.S., Ch. 214, Sec. 8A (part).) |
|
|
Sec.1038.209.USE OF BOND PROCEEDS. The district may use |
|
|
the proceeds of bonds issued under this subchapter to pay: |
|
|
(1) any expense the board determines is reasonable and |
|
|
necessary to issue, sell, and deliver the bonds; |
|
|
(2) interest payments on the bonds during a period of |
|
|
acquisition or construction of a project or facility to be provided |
|
|
through the bonds, not to exceed five years; |
|
|
(3) costs related to the operation and maintenance of |
|
|
a project or facility to be provided through the bonds: |
|
|
(A) during an estimated period of acquisition or |
|
|
construction, not to exceed five years; and |
|
|
(B) for one year after the project or facility is |
|
|
acquired or constructed; |
|
|
(4) costs related to the financing of the bond funds, |
|
|
including debt service reserve and contingency funds; |
|
|
(5) costs related to the bond issuance; |
|
|
(6) costs related to the acquisition of land or |
|
|
interests in land for a project or facility to be provided through |
|
|
the bonds; and |
|
|
(7) costs of construction of a project or facility to |
|
|
be provided through the bonds, including the payment of related |
|
|
professional services and expenses. (Acts 66th Leg., R.S., Ch. |
|
|
214, Sec. 8B.) |
|
|
Sec.1038.210.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Sec. 20 (part).) |
|
|
[Sections 1038.211-1038.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1038.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The board may not impose a tax to pay the principal of or |
|
|
interest on revenue bonds issued under this chapter. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Secs. 11(a) (part), 14(a) (part), (c), (d).) |
|
|
Sec.1038.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Secs. 11(a) (part), (b) (part), 14(b).) |
|
|
Sec.1038.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
|
14(f).) |
|
|
[Sections 1038.254-1038.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1038.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and disposing of the district's assets and |
|
|
obligations. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by a number of |
|
|
district residents equal to at least 15 percent of the registered |
|
|
voters in the district. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. (Acts 66th |
|
|
Leg., R.S., Ch. 214, Secs. 21A(a), (b), (c) (part).) |
|
|
Sec.1038.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks the election order in a newspaper |
|
|
with general circulation in the district. |
|
|
(b) The first publication of the notice must appear not |
|
|
later than the 35th day before the date set for the election. (Acts |
|
|
66th Leg., R.S., Ch. 214, Sec. 21A(d) (part).) |
|
|
Sec.1038.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Hardeman County Hospital |
|
|
District." (Acts 66th Leg., R.S., Ch. 214, Sec. 21A(d) (part).) |
|
|
Sec.1038.304.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution, the |
|
|
board shall find that the district is dissolved. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution, the board shall continue to administer the district |
|
|
and another election on the question of dissolution may not be held |
|
|
before the first anniversary of the date of the most recent election |
|
|
to dissolve the district. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
|
21A(e).) |
|
|
Sec.1038.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
|
If a majority of the votes in the election held under this |
|
|
subchapter favor dissolution, the board shall: |
|
|
(1) transfer the land, buildings, improvements, |
|
|
equipment, and other assets that belong to the district to Hardeman |
|
|
County or another governmental agency in Hardeman County; or |
|
|
(2) administer the property, assets, and debts until |
|
|
all money has been disposed of and all district debts have been paid |
|
|
or settled. |
|
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
|
the county or agency assumes all debts and obligations of the |
|
|
district at the time of the transfer and the district is dissolved. |
|
|
(Acts 66th Leg., R.S., Ch. 214, Secs. 21A(f), (g).) |
|
|
Sec.1038.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The district may not be dissolved unless the board provides for |
|
|
the sale or transfer of the district's assets and liabilities to |
|
|
another person. |
|
|
(b) The dissolution of the district and the sale or transfer |
|
|
of the district's assets or liabilities may not contravene a trust |
|
|
indenture or bond resolution relating to the district's outstanding |
|
|
bonds. The dissolution and sale or transfer does not diminish or |
|
|
impair the rights of a holder of an outstanding bond, warrant, or |
|
|
other obligation of the district. |
|
|
(c) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of district |
|
|
residents, including the residents' collective property rights in |
|
|
the district's assets. |
|
|
(d) The district may not transfer or dispose of the |
|
|
district's assets except for due compensation unless: |
|
|
(1) the transfer is made to another governmental |
|
|
agency that serves the district; and |
|
|
(2) the transferred assets are to be used for the |
|
|
benefit of the district's residents. |
|
|
(e) A grant from federal funds is an obligation to be repaid |
|
|
in satisfaction. (Acts 66th Leg., R.S., Ch. 214, Secs. 21A(m), |
|
|
(n).) |
|
|
Sec. 1038.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) After the board finds that the district is dissolved, |
|
|
the board shall: |
|
|
(1) determine the debt owed by the district; and |
|
|
(2) impose on the property included in the district's |
|
|
tax rolls a tax that is in proportion of the debt to the property |
|
|
value. |
|
|
(b) On the payment of all outstanding debts and obligations |
|
|
of the district, the board shall order the secretary to return to |
|
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
|
tax money. |
|
|
(c) A taxpayer may request that the taxpayer's share of |
|
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
|
taxpayer requests the credit, the board shall direct the secretary |
|
|
to transmit the money to the county tax assessor-collector. (Acts |
|
|
66th Leg., R.S., Ch. 214, Secs. 21A(h), (i), (j).) |
|
|
Sec.1038.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
|
district has paid all district debts and has disposed of all |
|
|
district money and other assets as prescribed by this subchapter, |
|
|
the board shall file a written report with the Commissioners Court |
|
|
of Hardeman County summarizing the board's actions in dissolving |
|
|
the district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Hardeman 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. (Acts 66th Leg., R.S., Ch. 214, Secs. 21A(k), (l).) |
|
|
CHAPTER 1039. HEMPHILL COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1039.001. DEFINITIONS |
|
|
Sec. 1039.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1039.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1039.004. DISTRICT TERRITORY |
|
|
Sec. 1039.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1039.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1039.007-1039.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1039.051. BOARD ELECTION; TERM |
|
|
Sec. 1039.052. ALTERNATIVE DIRECTOR ELECTION |
|
|
Sec. 1039.053. NOTICE OF ELECTION |
|
|
Sec. 1039.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1039.055. BOARD VACANCY |
|
|
Sec. 1039.056. OFFICERS |
|
|
Sec. 1039.057. COMPENSATION; EXPENSES |
|
|
Sec. 1039.058. VOTING REQUIREMENT |
|
|
Sec. 1039.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1039.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1039.061. EMERGENCY ACTION |
|
|
Sec. 1039.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
[Sections 1039.063-1039.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1039.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1039.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1039.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1039.104. HOSPITAL SYSTEM |
|
|
Sec. 1039.105. RULES |
|
|
Sec. 1039.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1039.107. DISTRICT PROPERTY, FACILITIES, |
|
|
EQUIPMENT, AND SERVICES |
|
|
Sec. 1039.108. EMINENT DOMAIN |
|
|
Sec. 1039.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1039.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1039.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1039.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1039.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR TREATMENT |
|
|
Sec. 1039.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1039.115. JOINT OWNERSHIP ARRANGEMENT |
|
|
Sec. 1039.116. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1039.117. AUTHORITY TO SUE AND BE SUED |
|
|
Sec. 1039.118. ELECTION DATE |
|
|
[Sections 1039.119-1039.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1039.151. BUDGET |
|
|
Sec. 1039.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1039.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1039.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1039.155. FISCAL YEAR |
|
|
Sec. 1039.156. ANNUAL AUDIT |
|
|
Sec. 1039.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1039.158. DEPOSITORY |
|
|
Sec. 1039.159. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1039.160. TAX EXEMPTION |
|
|
[Sections 1039.161-1039.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1039.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1039.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1039.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1039.204. REVENUE BONDS |
|
|
Sec. 1039.205. REFUNDING BONDS |
|
|
Sec. 1039.206. MATURITY OF BONDS |
|
|
Sec. 1039.207. EXECUTION OF BONDS |
|
|
Sec. 1039.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1039.209-1039.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1039.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1039.252. TAX RATE |
|
|
Sec. 1039.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1039. HEMPHILL COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1039.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Hemphill County Hospital |
|
|
District. (New.) |
|
|
Sec.1039.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is administered and financed in accordance with |
|
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
|
powers, and duties provided by this chapter. (Acts 66th Leg., R.S., |
|
|
Ch. 424, Sec. 1 (part).) |
|
|
Sec.1039.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 66th Leg., R.S., Ch. 424, Sec. 22 (part).) |
|
|
Sec.1039.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Hemphill County, |
|
|
Texas. (Acts 66th Leg., R.S., Ch. 424, Sec. 1 (part).) |
|
|
Sec. 1039.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 66th |
|
|
Leg., R.S., Ch. 424, Sec. 21 (part).) |
|
|
Sec.1039.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 66th Leg., R.S., Ch. 424, Sec. 21 (part).) |
|
|
[Sections 1039.007-1039.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1039.051.BOARD ELECTION; TERM. (a) Except as |
|
|
provided by Section 1039.052, the board consists of five directors |
|
|
elected from the district at large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 66th Leg., R.S., Ch. 424, Sec. 4(c) (part).) |
|
|
Sec.1039.052.ALTERNATIVE DIRECTOR ELECTION. (a) As an |
|
|
alternative to electing directors at large, the board may: |
|
|
(1) provide for all or some directors to be elected |
|
|
from single-member districts; and |
|
|
(2) devise and implement for the directors' election a |
|
|
plan of apportionment as determined to be in the best interest of |
|
|
the district and district inhabitants. |
|
|
(b) Before implementing the apportionment plan, the plan |
|
|
must be approved by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(c) The election must be held in the same manner as an |
|
|
election required for the issuance of bonds. (Acts 66th Leg., R.S., |
|
|
Ch. 424, Sec. 3(f).) |
|
|
Sec.1039.053.NOTICE OF ELECTION. At least 30 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper or newspapers that |
|
|
individually or collectively have general circulation in the |
|
|
district. (Acts 66th Leg., R.S., Ch. 424, Sec. 4(c) (part).) |
|
|
Sec.1039.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; or |
|
|
(2) a district employee. (Acts 66th Leg., R.S., Ch. |
|
|
424, Sec. 4(d).) |
|
|
Sec.1039.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 66th Leg., R.S., Ch. 424, |
|
|
Sec. 4(c) (part).) |
|
|
Sec.1039.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 66th Leg., R.S., Ch. 424, Sec. 4(e) (part).) |
|
|
Sec.1039.057.COMPENSATION; EXPENSES. 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. (Acts 66th Leg., R.S., Ch. |
|
|
424, Sec. 4(e) (part).) |
|
|
Sec.1039.058.VOTING REQUIREMENT. A concurrence of three |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 66th Leg., R.S., Ch. 424, Sec. 4(e) (part).) |
|
|
Sec. 1039.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person to |
|
|
serve as district administrator of the hospital system and |
|
|
ancillary health care system. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 66th Leg., R.S., Ch. 424, Sec. 5(c) (part).) |
|
|
Sec.1039.060.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 affairs of the district. (Acts 66th |
|
|
Leg., R.S., Ch. 424, Sec. 5(c) (part).) |
|
|
Sec.1039.061.EMERGENCY ACTION. (a) In an emergency, the |
|
|
district administrator may take any lawful action necessary to |
|
|
preserve district assets or protect patient health and safety. |
|
|
(b) As soon as practicable after an emergency action is |
|
|
taken, the district administrator shall report the action to the |
|
|
board, and the board shall amend the annual budget to reflect any |
|
|
costs of the action. (Acts 66th Leg., R.S., Ch. 424, Sec. 6A.) |
|
|
Sec.1039.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the hospital system and |
|
|
the ancillary health care system and may make temporary |
|
|
appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and additional attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire employees, including technicians and nurses, for |
|
|
the district, the hospital system, and the ancillary health care |
|
|
system. (Acts 66th Leg., R.S., Ch. 424, Secs. 5(d), (e), 17.) |
|
|
[Sections 1039.063-1039.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1039.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating all hospital facilities for |
|
|
providing medical and hospital care for the district's needy |
|
|
inhabitants. (Acts 66th Leg., R.S., Ch. 424, Sec. 20 (part).) |
|
|
Sec. 1039.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
|
partly within the district may not impose a tax or issue bonds or |
|
|
other obligations for hospital purposes or to provide medical care |
|
|
for district residents. (Acts 66th Leg., R.S., Ch. 424, Sec. 20 |
|
|
(part).) |
|
|
Sec.1039.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and ancillary health care system and the district's money and |
|
|
resources. (Acts 66th Leg., R.S., Ch. 424, Sec. 5(a) (part).) |
|
|
Sec.1039.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the system for hospital purposes. |
|
|
(b) The hospital system and ancillary health care system may |
|
|
include equipment, facilities, and services the board considers |
|
|
necessary for hospital care and ancillary health care, including: |
|
|
(1) domiciliary care and treatment of sick or injured |
|
|
patients; |
|
|
(2) geriatric services; |
|
|
(3) outpatient clinics; |
|
|
(4) rural health clinics; |
|
|
(5) convalescent home facilities; |
|
|
(6) physician's offices; |
|
|
(7) home health services; |
|
|
(8) long-term care; |
|
|
(9) skilled nursing care; |
|
|
(10) intermediate nursing care; |
|
|
(11) assisted living facilities; |
|
|
(12) hospice care; |
|
|
(13) ambulatory surgery centers; |
|
|
(14) urgent care facilities; and |
|
|
(15) operation of a mobile emergency medical service. |
|
|
(Acts 66th Leg., R.S., Ch. 424, Secs. 2 (part), 11(a) (part).) |
|
|
Sec.1039.105.RULES. The board may adopt rules governing |
|
|
the operation of the district, the hospital system and ancillary |
|
|
health care system, and the district's staff and employees. (Acts |
|
|
66th Leg., R.S., Ch. 424, Sec. 5(b) (part).) |
|
|
Sec.1039.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method of making purchases and expenditures by |
|
|
and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 66th |
|
|
Leg., R.S., Ch. 424, Sec. 11(d) (part).) |
|
|
Sec. 1039.107. DISTRICT PROPERTY, FACILITIES, EQUIPMENT, |
|
|
AND SERVICES. (a) The board shall determine the type, number, and |
|
|
location, either inside or outside the district, of facilities and |
|
|
services required to maintain an adequate hospital system and |
|
|
ancillary health care system. |
|
|
(b) The board may: |
|
|
(1) acquire by lease, purchase, or lease to purchase |
|
|
property, including facilities, supplies, and equipment, for the |
|
|
district for use in the hospital system and ancillary health care |
|
|
system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease, sell, or otherwise dispose of all |
|
|
or part of the district's property of any nature, including the |
|
|
district's hospital, ancillary health care or other facilities, |
|
|
buildings, supplies, or equipment, to a public or private entity on |
|
|
terms the board finds are in the best interest of the district's |
|
|
inhabitants. (Acts 66th Leg., R.S., Ch. 424, Secs. 11(a) (part), |
|
|
(c), (e) (part).) |
|
|
Sec.1039.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a right, power, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 66th Leg., R.S., Ch. 424, Sec. |
|
|
15(a).) |
|
|
Sec.1039.109.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, electric transmission, |
|
|
telegraph or telephone line, conduit, pole, or facility, or |
|
|
pipeline, the district must bear the actual cost of relocating, |
|
|
raising, lowering, rerouting, changing the grade, or altering the |
|
|
construction to provide comparable replacement without enhancement |
|
|
of facilities, after deducting the net salvage value derived from |
|
|
the old facility. (Acts 66th Leg., R.S., Ch. 424, Sec. 15(b).) |
|
|
Sec.1039.110.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 66th Leg., R.S., Ch. 424, |
|
|
Sec. 19.) |
|
|
Sec.1039.111.CONSTRUCTION CONTRACTS. A construction |
|
|
contract must be made in the manner provided by Subchapter B, |
|
|
Chapter 271, Local Government Code. (Acts 66th Leg., R.S., Ch. 424, |
|
|
Sec. 11(d) (part).) |
|
|
Sec.1039.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract with one or |
|
|
more public or private entities relating to a district facility or |
|
|
service. (Acts 66th Leg., R.S., Ch. 424, Sec. 11(b) (part).) |
|
|
Sec. 1039.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
TREATMENT. The board may contract with a county, a municipality, |
|
|
this state, or a federal agency for the treatment of a sick or |
|
|
injured person. (Acts 66th Leg., R.S., Ch. 424, Sec. 5(f) (part).) |
|
|
Sec. 1039.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district |
|
|
to provide investigatory or other services as to the medical, |
|
|
hospital, or welfare needs of district inhabitants. (Acts 66th |
|
|
Leg., R.S., Ch. 424, Sec. 5(f) (part).) |
|
|
Sec.1039.115.JOINT OWNERSHIP ARRANGEMENT. The board may |
|
|
enter into a joint ownership arrangement for the district with a |
|
|
public or private entity to provide management or operating |
|
|
services if the board determines that the joint ownership |
|
|
arrangement is in the district's best interest and does not violate |
|
|
Section 52, Article III, Texas Constitution. (Acts 66th Leg., |
|
|
R.S., Ch. 424, Sec. 11(b) (part).) |
|
|
Sec.1039.116.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue a final order. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 66th Leg., R.S., Ch. 424, Secs. 18(b), (c), (d), (e), |
|
|
(f).) |
|
|
Sec.1039.117.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch. |
|
|
424, Sec. 5(b) (part).) |
|
|
Sec.1039.118.ELECTION DATE. Notwithstanding Section |
|
|
41.001(a), Election Code, the board may choose the date for an |
|
|
election held under this chapter. (Acts 66th Leg., R.S., Ch. 424, |
|
|
Sec. 3(e).) |
|
|
[Sections 1039.119-1039.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1039.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The budget must contain a complete financial statement |
|
|
of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 66th Leg., |
|
|
R.S., Ch. 424, Secs. 6(c), (d).) |
|
|
Sec.1039.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published one time in a |
|
|
newspaper of general circulation in the district at least 10 days |
|
|
before the date of the hearing. |
|
|
(c) Any district resident may 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 66th Leg., R.S., Ch. 424, Secs. |
|
|
6(e), (f) (part).) |
|
|
Sec.1039.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 66th Leg., R.S., Ch. 424, Sec. 6(f) (part).) |
|
|
Sec.1039.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 66th Leg., R.S., Ch. 424, Sec. 6(f) (part).) |
|
|
Sec.1039.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed more than once in a |
|
|
24-month period. (Acts 66th Leg., R.S., Ch. 424, Sec. 6(a).) |
|
|
Sec.1039.156.ANNUAL AUDIT. (a) As soon as practicable |
|
|
after the end of each district fiscal year, the board shall have an |
|
|
audit made of the district's finances that contains a detailed |
|
|
accounting of disbursements. |
|
|
(b) The board shall select a qualified independent |
|
|
accounting firm to perform the audit. (Acts 66th Leg., R.S., Ch. |
|
|
424, Sec. 6(b) (part).) |
|
|
Sec. 1039.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection at the district's principal office. (Acts 66th Leg., |
|
|
R.S., Ch. 424, Sec. 6(b) (part).) |
|
|
Sec.1039.158.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1039.159(b) 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit of a state or |
|
|
national bank that is a member of the Federal Deposit Insurance |
|
|
Corporation. |
|
|
(d) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount insured by the Federal |
|
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
|
or provides other security in an amount sufficient to secure from |
|
|
loss the district money that exceeds the amount insured by the |
|
|
Federal Deposit Insurance Corporation. (Acts 66th Leg., R.S., Ch. |
|
|
424, Sec. 12.) |
|
|
Sec.1039.159.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1039.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by |
|
|
Subchapter A, Chapter 2256, Government Code. (Acts 66th Leg., |
|
|
R.S., Ch. 424, Secs. 5(a) (part), 11(e) (part).) |
|
|
Sec.1039.160.TAX EXEMPTION. All property owned by the |
|
|
district is exempt from taxation by this state or a political |
|
|
subdivision of this state. (Acts 66th Leg., R.S., Ch. 424, Sec. 22 |
|
|
(part).) |
|
|
[Sections 1039.161-1039.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1039.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
and ancillary health care purposes. (Acts 66th Leg., R.S., Ch. 424, |
|
|
Sec. 7(a) (part).) |
|
|
Sec.1039.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1039.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 66th Leg., R.S., Ch. 424, Sec. 7(a) (part).) |
|
|
Sec.1039.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue bonds payable from taxes only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(c) Notice of a bond election shall be given by publishing a |
|
|
copy of the election order in a newspaper of general circulation in |
|
|
the district once a week for two consecutive weeks. The first |
|
|
publication must appear at least 30 days before the date of the |
|
|
election. (Acts 66th Leg., R.S., Ch. 424, Sec. 7(a) (part).) |
|
|
Sec.1039.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital and ancillary |
|
|
health care purposes; or |
|
|
(2) acquire sites to be used for hospital and |
|
|
ancillary health care purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospital, hospital system, or ancillary health care |
|
|
system. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
66th Leg., R.S., Ch. 424, Sec. 8 (part).) |
|
|
Sec.1039.205.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds payable from taxes or revenue to |
|
|
refund outstanding indebtedness issued, incurred, or assumed by the |
|
|
district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bonds |
|
|
applied to the payment of the indebtedness to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than the |
|
|
principal amount of outstanding indebtedness. (Acts 66th Leg., |
|
|
R.S., Ch. 424, Secs. 7(a) (part), 8 (part), 9 (part).) |
|
|
Sec.1039.206.MATURITY OF BONDS. District bonds payable |
|
|
from taxes or revenue must mature not later than 40 years after the |
|
|
date of issuance. (Acts 66th Leg., R.S., Ch. 424, Sec. 10 (part).) |
|
|
Sec.1039.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute, in the district's name, district bonds payable from |
|
|
taxes or revenue. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 66th Leg., |
|
|
R.S., Ch. 424, Sec. 10 (part).) |
|
|
Sec.1039.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 66th |
|
|
Leg., R.S., Ch. 424, Sec. 22 (part).) |
|
|
[Sections 1039.209-1039.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1039.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall annually impose a tax on all property in the district subject |
|
|
to district taxation. |
|
|
(b) The board shall impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 66th |
|
|
Leg., R.S., Ch. 424, Secs. 13(a) (part), 16(a) (part).) |
|
|
Sec.1039.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 66th |
|
|
Leg., R.S., Ch. 424, Secs. 3(b) (part), 13(a) (part), (b) (part).) |
|
|
Sec.1039.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 66th Leg., R.S., Ch. 424, Sec. |
|
|
16(c).) |
|
|
CHAPTER 1040. HASKELL COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1040.001. DEFINITIONS |
|
|
Sec. 1040.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1040.003. POLITICAL SUBDIVISION |
|
|
Sec. 1040.004. DISTRICT TERRITORY |
|
|
Sec. 1040.005. CORRECTION OF INVALID PROCEDURES |
|
|
[Sections 1040.006-1040.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1040.051. BOARD; TERM |
|
|
Sec. 1040.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1040.053. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1040.054. OFFICERS |
|
|
Sec. 1040.055. COMPENSATION; EXPENSES |
|
|
Sec. 1040.056. VOTING REQUIREMENT |
|
|
Sec. 1040.057. EMPLOYEES |
|
|
Sec. 1040.058. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1040.059. SEAL |
|
|
[Sections 1040.060-1040.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1040.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1040.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION |
|
|
Sec. 1040.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1040.104. RULES |
|
|
Sec. 1040.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1040.106. EMINENT DOMAIN |
|
|
Sec. 1040.107. GIFTS AND ENDOWMENTS |
|
|
Sec. 1040.108. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1040.109. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1040.110-1040.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1040.151. BUDGET |
|
|
Sec. 1040.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1040.153. FISCAL YEAR |
|
|
Sec. 1040.154. ANNUAL AUDIT |
|
|
Sec. 1040.155. DEPOSITORY OR TREASURER |
|
|
[Sections 1040.156-1040.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1040.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1040.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1040.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1040.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1040.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1040.206. REFUNDING BONDS |
|
|
[Sections 1040.207-1040.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1040.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1040.252. TAX RATE |
|
|
Sec. 1040.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1040. HASKELL COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1040.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Haskell County Hospital |
|
|
District. (New.) |
|
|
Sec.1040.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with and has the powers and responsibilities |
|
|
provided by Section 9, Article IX, Texas Constitution. (Acts 60th |
|
|
Leg., R.S., Ch. 528, Sec. 1 (part).) |
|
|
Sec.1040.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
|
528, Sec. 18 (part).) |
|
|
Sec.1040.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Haskell County, |
|
|
except the district does not include any territory located in the |
|
|
Stamford Hospital District as the Stamford Hospital District |
|
|
existed on June 14, 1967. (Acts 60th Leg., R.S., Ch. 528, Sec. 1 |
|
|
(part).) |
|
|
Sec.1040.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 60th Leg., R.S., Ch. 528, Sec. 19 (part).) |
|
|
[Sections 1040.006-1040.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1040.051.BOARD; TERM. (a) The board consists of six |
|
|
directors appointed by the Commissioners Court of Haskell County. |
|
|
(b) Directors serve staggered two-year terms, with three |
|
|
directors appointed each year. (Acts 60th Leg., R.S., Ch. 528, Sec. |
|
|
3 (part).) |
|
|
Sec.1040.052.QUALIFICATIONS FOR OFFICE. A person may not |
|
|
be appointed as a director unless the person: |
|
|
(1) is a district resident; and |
|
|
(2) owns land in the district subject to taxation. |
|
|
(Acts 60th Leg., R.S., Ch. 528, Sec. 3 (part).) |
|
|
Sec. 1040.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 528, |
|
|
Sec. 3 (part).) |
|
|
Sec.1040.054.OFFICERS. The board shall elect from among |
|
|
its members a president, a vice president, and a secretary. (Acts |
|
|
60th Leg., R.S., Ch. 528, Sec. 3 (part).) |
|
|
Sec.1040.055.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the entire board. (Acts 60th Leg., R.S., Ch. 528, Sec. |
|
|
4 (part).) |
|
|
Sec.1040.056.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 60th Leg., R.S., Ch. 528, Sec. 3 (part).) |
|
|
Sec.1040.057.EMPLOYEES. The board may employ a general |
|
|
manager and other necessary professional and clerical personnel. |
|
|
(Acts 60th Leg., R.S., Ch. 528, Sec. 9 (part).) |
|
|
Sec.1040.058.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
Except as provided by Section 1040.053, all district records, |
|
|
including books, accounts, notices, minutes, and all other matters |
|
|
of the district and the operation of its facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at the district office |
|
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 528, Sec. 9 |
|
|
(part).) |
|
|
Sec.1040.059.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 60th Leg., R.S., Ch. 528, Sec. 9 (part).) |
|
|
[Sections 1040.060-1040.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1040.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy and indigent residents. (Acts 60th Leg., R.S., |
|
|
Ch. 528, Secs. 2 (part), 14 (part).) |
|
|
Sec. 1040.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION. Haskell County or a municipality in Haskell County may |
|
|
not impose a tax for hospital purposes. (Acts 60th Leg., R.S., Ch. |
|
|
528, Sec. 14 (part).) |
|
|
Sec.1040.103.MANAGEMENT AND CONTROL. The management and |
|
|
control of the district is vested in the board. (Acts 60th Leg., |
|
|
R.S., Ch. 528, Sec. 4 (part).) |
|
|
Sec.1040.104.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any taxpayer |
|
|
on request. (Acts 60th Leg., R.S., Ch. 528, Sec. 9 (part).) |
|
|
Sec.1040.105.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 528, Sec. 9 |
|
|
(part).) |
|
|
Sec.1040.106.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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. (Acts 60th Leg., R.S., Ch. 528, Sec. |
|
|
11.) |
|
|
Sec.1040.107.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 528, |
|
|
Sec. 16.) |
|
|
Sec.1040.108.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient is admitted to a district facility, the board shall |
|
|
have an inquiry made into the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district to handle the |
|
|
inquiry determines that the patient or those relatives cannot pay |
|
|
all or part of the costs of the care and treatment in the hospital, |
|
|
the amount of the costs that cannot be paid becomes a charge against |
|
|
the district. |
|
|
(c) If it is determined that the patient or those relatives |
|
|
are liable to pay for all or part of the costs of the patient's care |
|
|
and treatment, the patient or those relatives shall be ordered to |
|
|
pay to the district's treasurer a specified amount each week for the |
|
|
patient's support. The amount ordered must be proportionate to |
|
|
financial ability and may not exceed the actual per capita cost of |
|
|
maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from a relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay or doubt |
|
|
in the mind of the district's designated agent, the board shall hold |
|
|
a hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) Either party to the dispute may appeal the order to the |
|
|
district court. (Acts 60th Leg., R.S., Ch. 528, Sec. 15.) |
|
|
Sec.1040.109.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court in this state. (Acts 60th Leg., R.S., Ch. 528, |
|
|
Sec. 18 (part).) |
|
|
[Sections 1040.110-1040.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1040.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 60th Leg., R.S., Ch. 528, Sec. 10 (part).) |
|
|
Sec.1040.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in Haskell County not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district taxpayer is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 60th Leg., R.S., Ch. 528, Sec. 10 (part).) |
|
|
Sec.1040.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 60th Leg., R.S., Ch. 528, Sec. 10 (part).) |
|
|
Sec.1040.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 each year, the audit shall be |
|
|
filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
|
528, Sec. 10 (part).) |
|
|
Sec.1040.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank or banks in Haskell County as the |
|
|
district's depository or treasurer. A designated bank serves for |
|
|
two years and until a successor is designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 528, |
|
|
Secs. 5 (part), 12.) |
|
|
[Sections 1040.156-1040.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1040.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings and improvements for hospital |
|
|
purposes. (Acts 60th Leg., R.S., Ch. 528, Sec. 8 (part).) |
|
|
Sec.1040.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
|
create an interest and sinking fund to pay the principal of and |
|
|
interest on general obligation bonds issued by the district under |
|
|
Section 1040.201 as the bonds mature. |
|
|
(b) The tax required by this section together with any |
|
|
maintenance and operation tax the district imposes may not in any |
|
|
year exceed 75 cents on each $100 valuation of all taxable property |
|
|
in the district. (Acts 60th Leg., R.S., Ch. 528, Sec. 8 (part).) |
|
|
Sec.1040.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the location of the polling places; |
|
|
(2) the presiding election officers; |
|
|
(3) the purpose of the bond issuance; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum interest rate of the bonds; and |
|
|
(6) the maximum maturity date of the bonds. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in Haskell County once each week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 14 days before the date of the |
|
|
election. (Acts 60th Leg., R.S., Ch. 528, Sec. 8 (part).) |
|
|
Sec.1040.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 528, |
|
|
Sec. 8 (part).) |
|
|
Sec.1040.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
60th Leg., R.S., Ch. 528, Sec. 8 (part).) |
|
|
Sec.1040.206.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds in the manner provided by this |
|
|
subchapter to refund outstanding bonds issued by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar amount of the outstanding bonds and the unpaid matured |
|
|
interest on those bonds. (Acts 60th Leg., R.S., Ch. 528, Sec. 8 |
|
|
(part).) |
|
|
[Sections 1040.207-1040.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1040.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued or assumed by the district for hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
hospital or hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 528, |
|
|
Secs. 5 (part), 10 (part).) |
|
|
Sec.1040.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 60th Leg., R.S., Ch. 528, Sec. 5 |
|
|
(part).) |
|
|
Sec.1040.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Haskell County shall assess and collect taxes |
|
|
imposed by the district. (Acts 60th Leg., R.S., Ch. 528, Secs. 5 |
|
|
(part), 10 (part).) |
|
|
CHAPTER 1041. HIGGINS-LIPSCOMB HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1041.001. DEFINITIONS |
|
|
Sec. 1041.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1041.003. POLITICAL SUBDIVISION |
|
|
Sec. 1041.004. DISTRICT TERRITORY |
|
|
[Sections 1041.005-1041.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1041.051. BOARD ELECTION; TERM |
|
|
Sec. 1041.052. BOARD VACANCY |
|
|
Sec. 1041.053. OFFICERS |
|
|
Sec. 1041.054. COMPENSATION; EXPENSES |
|
|
Sec. 1041.055. EMPLOYEES |
|
|
Sec. 1041.056. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1041.057. SEAL |
|
|
[Sections 1041.058-1041.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1041.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1041.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1041.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1041.104. HOSPITAL SYSTEM |
|
|
Sec. 1041.105. RULES |
|
|
Sec. 1041.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1041.107. EMINENT DOMAIN |
|
|
Sec. 1041.108. GIFTS AND ENDOWMENTS |
|
|
Sec. 1041.109. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1041.110. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1041.111-1041.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1041.151. BUDGET |
|
|
Sec. 1041.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1041.153. FISCAL YEAR |
|
|
Sec. 1041.154. ANNUAL AUDIT |
|
|
Sec. 1041.155. DEPOSITORY OR TREASURER |
|
|
[Sections 1041.156-1041.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1041.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1041.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1041.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1041.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1041.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1041.206. REFUNDING BONDS |
|
|
[Sections 1041.207-1041.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1041.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1041.252. TAX RATE |
|
|
Sec. 1041.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1041. HIGGINS-LIPSCOMB HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1041.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Higgins-Lipscomb Hospital |
|
|
District. (New.) |
|
|
Sec.1041.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed in accordance with Section 9, Article IX, |
|
|
Texas Constitution. (Acts 64th Leg., R.S., Ch. 666, Sec. 1 |
|
|
(part).) |
|
|
Sec.1041.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 64th Leg., R.S., Ch. |
|
|
666, Sec. 16 (part).) |
|
|
Sec.1041.004.DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by: |
|
|
(1) Section 1, Chapter 666, Acts of the 64th |
|
|
Legislature, Regular Session, 1975; and |
|
|
(2) Section 1, Chapter 667, Acts of the 64th |
|
|
Legislature, Regular Session, 1975. (Acts 64th Leg., R.S., Ch. |
|
|
666, Secs. 1 (part), 4A(h) (part); New.) |
|
|
[Sections 1041.005-1041.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1041.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of six directors elected from the district at large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms with |
|
|
three directors elected each year; and |
|
|
(2) a directors' election shall be held on the uniform |
|
|
election date in May of each year. |
|
|
(c) If two or more persons tie for the third-highest vote in |
|
|
a directors' election, those persons shall draw lots to determine |
|
|
which person is elected. |
|
|
(d) A director's term begins on June 1 following the |
|
|
director's election. (Acts 64th Leg., R.S., Ch. 666, Secs. 3A(a), |
|
|
4C(c) (part), (d), (e) (part), (f).) |
|
|
Sec.1041.052.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 666, |
|
|
Sec. 3A(b).) |
|
|
Sec.1041.053.OFFICERS. (a) The board shall elect a |
|
|
president, vice president, and secretary-treasurer from among its |
|
|
members. |
|
|
(b) Each officer of the board serves until the next |
|
|
directors' election. (Acts 64th Leg., R.S., Ch. 666, Sec. 4(a) |
|
|
(part).) |
|
|
Sec.1041.054.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the entire board. (Acts 64th Leg., R.S., Ch. 666, Sec. |
|
|
4(b).) |
|
|
Sec.1041.055.EMPLOYEES. The board may employ a general |
|
|
manager, attorneys, financial advisors, bookkeepers, and |
|
|
architects. (Acts 64th Leg., R.S., Ch. 666, Sec. 7(a) (part).) |
|
|
Sec.1041.056.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
All district records, including books, accounts, notices, minutes, |
|
|
and all other matters of the district and the operation of its |
|
|
facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at reasonable hours. |
|
|
(Acts 64th Leg., R.S., Ch. 666, Sec. 7(b).) |
|
|
Sec.1041.057.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 64th Leg., R.S., Ch. 666, Sec. 7(a) (part).) |
|
|
[Sections 1041.058-1041.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1041.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating all hospital facilities; and |
|
|
(2) providing hospital care for the district's needy |
|
|
inhabitants. (Acts 64th Leg., R.S., Ch. 666, Sec. 12(a) (part).) |
|
|
Sec. 1041.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. (a) A political subdivision within the |
|
|
district, other than the district, may not impose a tax or issue |
|
|
bonds or other obligations for hospital purposes or to provide |
|
|
medical care for district inhabitants. |
|
|
(b) A governmental entity other than the district may not |
|
|
impose a tax or issue bonds or other obligations on property in the |
|
|
district for hospital purposes or to provide medical care for needy |
|
|
district inhabitants. (Acts 64th Leg., R.S., Ch. 666, Sec. 12(a) |
|
|
(part).) |
|
|
Sec.1041.103.MANAGEMENT AND CONTROL. The board has full |
|
|
management and control of all district business, including the |
|
|
power to: |
|
|
(1) negotiate and contract with any person; |
|
|
(2) purchase or lease land; and |
|
|
(3) construct, equip, operate, and maintain a hospital |
|
|
system. (Acts 64th Leg., R.S., Ch. 666, Sec. 4(a) (part).) |
|
|
Sec.1041.104.HOSPITAL SYSTEM. The district shall provide |
|
|
for the establishment of a hospital system to provide medical and |
|
|
hospital care to the district's residents. (Acts 64th Leg., R.S., |
|
|
Ch. 666, Sec. 2 (part).) |
|
|
Sec.1041.105.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any resident |
|
|
on request. (Acts 64th Leg., R.S., Ch. 666, Sec. 7(c).) |
|
|
Sec.1041.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 64th Leg., R.S., Ch. 666, Sec. |
|
|
7(a) (part).) |
|
|
Sec.1041.107.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a right, power, privilege, or function |
|
|
conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in the trial court money or a |
|
|
bond as provided by Section 21.021(a), Property Code. |
|
|
(c) In a condemnation proceeding, the district is not |
|
|
required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 64th Leg., R.S., Ch. 666, Sec. 9.) |
|
|
Sec.1041.108.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 64th Leg., R.S., Ch. 666, |
|
|
Sec. 14.) |
|
|
Sec.1041.109.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient from Lipscomb County is admitted to a district |
|
|
facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district determines that |
|
|
the patient or those relatives cannot pay all or part of the costs |
|
|
of the care and treatment in the hospital, the expense of that care |
|
|
becomes a charge against the district. |
|
|
(c) If an agent designated by the district determines that |
|
|
the patient or those relatives are liable to pay for all or part of |
|
|
the costs of the patient's care and treatment, the patient or those |
|
|
relatives shall be ordered to pay the district's treasurer a |
|
|
specified amount each week for the patient's support. The amount |
|
|
ordered must be proportionate to the person's financial ability and |
|
|
may not exceed the actual per capita cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, the board |
|
|
shall hold a hearing and, after calling witnesses, shall resolve |
|
|
the dispute. |
|
|
(f) Either party to the dispute may appeal the district's |
|
|
determination to the district court. (Acts 64th Leg., R.S., Ch. |
|
|
666, Sec. 13.) |
|
|
Sec.1041.110.AUTHORITY TO SUE AND BE SUED. The district |
|
|
may sue and be sued in its own name in any court of this state. (Acts |
|
|
64th Leg., R.S., Ch. 666, Sec. 16 (part).) |
|
|
[Sections 1041.111-1041.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1041.151.BUDGET. The board annually shall have a |
|
|
budget prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 64th Leg., R.S., Ch. 666, Sec. 8(b) (part).) |
|
|
Sec.1041.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in the district not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district resident is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 64th Leg., R.S., Ch. 666, Sec. 8(b) |
|
|
(part).) |
|
|
Sec.1041.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 64th Leg., R.S., Ch. 666, Sec. 8(a) (part).) |
|
|
Sec.1041.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 of each year, the audit shall |
|
|
be filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 64th Leg., R.S., Ch. |
|
|
666, Sec. 8(a) (part).) |
|
|
Sec.1041.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank or banks in the district as the |
|
|
district's depository or treasurer. A designated bank serves for |
|
|
two years and until a successor is designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 64th Leg., R.S., Ch. 666, |
|
|
Secs. 5(b) (part), 10.) |
|
|
[Sections 1041.156-1041.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1041.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 64th Leg., R.S., Ch. 666, Sec. 6(a) (part).) |
|
|
Sec.1041.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
|
create an interest and sinking fund to pay the principal of and |
|
|
interest on general obligation bonds issued under Section 1041.201. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 666, Sec. 6(a) (part).) |
|
|
Sec.1041.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the location of the polling places; |
|
|
(2) the presiding election officers; |
|
|
(3) the purpose of the bond issuance; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum interest rate provided by law. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in the district once each week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 20 days before the date of the |
|
|
election. (Acts 64th Leg., R.S., Ch. 666, Sec. 6(b) (part).) |
|
|
Sec.1041.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 666, |
|
|
Sec. 6(b) (part).) |
|
|
Sec.1041.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
64th Leg., R.S., Ch. 666, Sec. 6(a) (part).) |
|
|
Sec.1041.206.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding bonds |
|
|
issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar amount of outstanding bonds and the unpaid matured interest |
|
|
on the bonds. (Acts 64th Leg., R.S., Ch. 666, Secs. 6(b) (part), |
|
|
(c) (part).) |
|
|
[Sections 1041.207-1041.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1041.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued or assumed by the district for hospital purposes; |
|
|
(2) provide for operation and maintenance of the |
|
|
hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites by purchase, lease, or |
|
|
condemnation. (Acts 64th Leg., R.S., Ch. 666, Secs. 5(a) (part), |
|
|
(b) (part), 8(b) (part).) |
|
|
Sec.1041.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 64th Leg., R.S., Ch. 666, Sec. 5(a) |
|
|
(part).) |
|
|
Sec.1041.253.TAX ASSESSOR-COLLECTOR. (a) Except as |
|
|
provided by Subsection (b), the tax assessor-collector of Lipscomb |
|
|
County shall assess and collect taxes imposed by the district. |
|
|
(b) By majority vote the board may appoint a district tax |
|
|
assessor-collector under Section 285.041, Health and Safety Code. |
|
|
(Acts 64th Leg., R.S., Ch. 666, Secs. 5(b) (part), (c) (part), 8(b) |
|
|
(part).) |
|
|
CHAPTER 1042. HOOD COUNTY HOSPITAL DISTRICT OF HOOD COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1042.001. DEFINITIONS |
|
|
Sec. 1042.002. AUTHORITY FOR CREATION |
|
|
Sec. 1042.003. DISTRICT TERRITORY |
|
|
Sec. 1042.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1042.005. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1042.006-1042.050 reserved for expansion] |
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|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
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|
Sec. 1042.051. BOARD; TERMS |
|
|
Sec. 1042.052. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1042.053. BOARD VACANCY |
|
|
Sec. 1042.054. OFFICERS |
|
|
Sec. 1042.055. COMPENSATION; EXPENSES |
|
|
Sec. 1042.056. DISTRICT ADMINISTRATOR |
|
|
Sec. 1042.057. EMPLOYEES |
|
|
Sec. 1042.058. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
[Sections 1042.059-1042.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1042.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1042.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1042.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
|
Sec. 1042.104. HOSPITAL SYSTEM |
|
|
Sec. 1042.105. RULES |
|
|
Sec. 1042.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1042.107. SURPLUS PROPERTY |
|
|
Sec. 1042.108. EMINENT DOMAIN |
|
|
Sec. 1042.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1042.110. CONTRACTS WITH POLITICAL SUBDIVISIONS |
|
|
FOR HOSPITAL AND MEDICAL CARE |
|
|
Sec. 1042.111. PAYMENT FOR TREATMENT; PROCEDURE |
|
|
[Sections 1042.112-1042.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1042.151. BUDGET |
|
|
Sec. 1042.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1042.153. FISCAL YEAR |
|
|
Sec. 1042.154. ANNUAL AUDIT |
|
|
Sec. 1042.155. DEPOSITORY |
|
|
[Sections 1042.156-1042.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1042.201. BONDS |
|
|
Sec. 1042.202. TAX TO PAY BONDS |
|
|
Sec. 1042.203. BOND ELECTION |
|
|
Sec. 1042.204. MATURITY OF BONDS |
|
|
Sec. 1042.205. EXECUTION OF BONDS |
|
|
[Sections 1042.206-1042.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1042.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1042.252. TAX RATE |
|
|
Sec. 1042.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1042. HOOD COUNTY HOSPITAL DISTRICT OF HOOD COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1042.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Hood County Hospital District |
|
|
of Hood County, Texas. (New.) |
|
|
Sec.1042.002.AUTHORITY FOR CREATION. The district of |
|
|
Hood County, Texas, is created under the authority of Section 9, |
|
|
Article IX, Texas Constitution. (Acts 62nd Leg., R.S., Ch. 852, |
|
|
Sec. 1.) |
|
|
Sec.1042.003.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Hood County. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Sec. 2.) |
|
|
Sec. 1042.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district's hospital |
|
|
system and any indebtedness incurred by the district under this |
|
|
chapter may not become a charge against or obligation of this state. |
|
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 18 (part).) |
|
|
Sec.1042.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 18 (part).) |
|
|
[Sections 1042.006-1042.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1042.051.BOARD; TERMS. (a) The board consists of: |
|
|
(1) the members of the Commissioners Court of Hood |
|
|
County, including the county judge; and |
|
|
(2) four persons appointed by the county judge. |
|
|
(b) One director appointed by the county judge must be: |
|
|
(1) a doctor of medicine; or |
|
|
(2) a doctor of osteopathy. |
|
|
(c) An appointed director serves a two-year term. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Secs. 4(a) (part), 5(a) (part), (b), (c).) |
|
|
Sec. 1042.052. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each appointed director shall execute a good and |
|
|
sufficient commercial bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for a director's bond. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository for safekeeping. (Acts 62nd Leg., R.S., Ch. 852, Sec. |
|
|
6(a).) |
|
|
Sec.1042.053.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the county judge shall appoint a director. |
|
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 5(d).) |
|
|
Sec.1042.054.OFFICERS. The board shall elect from among |
|
|
its members a president, a secretary, and a treasurer at the first |
|
|
meeting after directors are appointed under Section 1042.051. |
|
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 6(b).) |
|
|
Sec.1042.055.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but is entitled to reimbursement for necessary |
|
|
expenses incurred in the performance of official duties. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Sec. 6(c).) |
|
|
Sec.1042.056.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
employ a district administrator to manage the operations of the |
|
|
hospital system. |
|
|
(b) The district administrator may: |
|
|
(1) employ necessary personnel to perform the services |
|
|
provided by the hospital system; and |
|
|
(2) appoint to the staff any physicians considered |
|
|
advisable for the efficient operation of the hospital system. |
|
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 12(e) (part).) |
|
|
Sec.1042.057.EMPLOYEES. The board may employ an |
|
|
attorney, general manager, bookkeeper, architect, and other |
|
|
employees necessary for the efficient operation of the district. |
|
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 12(e) (part).) |
|
|
Sec.1042.058.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
The board shall: |
|
|
(1) maintain all district records, including books, |
|
|
accounts, notices, minutes, and all other matters of the district |
|
|
and its operation, at the district office; and |
|
|
(2) make those records available for public inspection |
|
|
at reasonable times. (Acts 62nd Leg., R.S., Ch. 852, Sec. 12(b).) |
|
|
[Sections 1042.059-1042.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1042.101.DISTRICT RESPONSIBILITY. The district shall |
|
|
provide all necessary hospital and medical care for the district's |
|
|
needy inhabitants. (Acts 62nd Leg., R.S., Ch. 852, Sec. 3 (part).) |
|
|
Sec. 1042.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
|
than the district, may not impose a tax or issue bonds or other |
|
|
obligations to provide hospital service or medical care in the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 852, Sec. 3 (part).) |
|
|
Sec.1042.103.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
|
management and control of the district is vested in the board, and |
|
|
the board has full power to manage and control the district. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Secs. 5(a) (part), 12(a) (part).) |
|
|
Sec.1042.104.HOSPITAL SYSTEM. The district has the |
|
|
responsibility to establish a hospital or hospital system within |
|
|
its boundaries to provide hospital and medical care to the |
|
|
district's residents. (Acts 62nd Leg., R.S., Ch. 852, Sec. 3 |
|
|
(part).) |
|
|
Sec.1042.105.RULES. (a) The board shall adopt rules for |
|
|
the efficient operation of the district, including district |
|
|
facilities. |
|
|
(b) The board shall: |
|
|
(1) publish the rules in book form; and |
|
|
(2) provide copies to interested persons on request at |
|
|
district expense. (Acts 62nd Leg., R.S., Ch. 852, Sec. 12(c).) |
|
|
Sec.1042.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe the method of making purchases and expenditures |
|
|
and the manner of accounting and control used by the district. |
|
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 12(e) (part).) |
|
|
Sec.1042.107.SURPLUS PROPERTY. The board may sell or |
|
|
otherwise dispose of district property if the board finds the |
|
|
property exceeds the district's present and future needs. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Sec. 12(h) (part).) |
|
|
Sec.1042.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in real, personal, or mixed property located in |
|
|
district territory if the interest is necessary or convenient for |
|
|
the district to exercise a power or duty conferred on the district |
|
|
by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in the trial court money or a |
|
|
bond as provided by Section 21.021(a), Property Code. |
|
|
(c) In a condemnation proceeding, the district is not |
|
|
required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; or |
|
|
(2) provide a bond for costs or a supersedeas bond on |
|
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 852, Sec. |
|
|
15.) |
|
|
Sec.1042.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board under the directions, limitations, or |
|
|
other provisions prescribed in writing by the donor that are not |
|
|
inconsistent with the proper management of the district. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Sec. 12(f).) |
|
|
Sec. 1042.110. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR |
|
|
HOSPITAL AND MEDICAL CARE. The board may contract with another |
|
|
political subdivision to provide hospital and medical care for |
|
|
needy persons who reside outside the district. (Acts 62nd Leg., |
|
|
R.S., Ch. 852, Sec. 12(g).) |
|
|
Sec.1042.111.PAYMENT FOR TREATMENT; PROCEDURE. (a) A |
|
|
person who resides in the district is entitled to receive necessary |
|
|
medical and hospital care regardless of whether the person has the |
|
|
ability to pay for the care and may apply to receive this care |
|
|
without cost. |
|
|
(b) The board or the district administrator shall employ a |
|
|
person to investigate the ability of the patient and any relative |
|
|
who is liable for the patient's support to pay for the medical and |
|
|
hospital care received by the patient. |
|
|
(c) If the investigator determines that the patient or |
|
|
relative legally liable for the patient's support cannot pay all or |
|
|
part of the costs of the patient's care, the expense of the care |
|
|
becomes a charge against the district. |
|
|
(d) If the patient or a relative legally liable for the |
|
|
patient's support can pay for all or part of the costs of the |
|
|
patient's care, the board shall order the patient or relative to pay |
|
|
to the treasurer each week an amount specified in the order. The |
|
|
amount must be proportionate to the person's ability to pay. |
|
|
(e) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the investigator, the board shall hold a hearing and, |
|
|
after calling witnesses, shall: |
|
|
(1) determine the question; and |
|
|
(2) make the proper order based on the board's |
|
|
findings. |
|
|
(g) A party to the hearing who is not satisfied with the |
|
|
result of the order may appeal to the district court. The appeal is |
|
|
de novo. (Acts 62nd Leg., R.S., Ch. 852, Sec. 14.) |
|
|
[Sections 1042.112-1042.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1042.151.BUDGET. The board shall prepare a budget |
|
|
that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections for the next |
|
|
fiscal year; and |
|
|
(3) the amount of taxes required to be imposed to meet |
|
|
the proposed budget. (Acts 62nd Leg., R.S., Ch. 852, Sec. 13(b).) |
|
|
Sec.1042.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in the district not later than |
|
|
the 11th day before the date of the hearing. |
|
|
(c) Any person who owns taxable property in the district and |
|
|
has rendered that property for taxation is entitled to: |
|
|
(1) appear at the hearing; and |
|
|
(2) be heard regarding any item in the proposed |
|
|
budget. (Acts 62nd Leg., R.S., Ch. 852, Secs. 13(c), (d).) |
|
|
Sec.1042.153.FISCAL YEAR. The district's fiscal year is |
|
|
from October 1 to September 30. (Acts 62nd Leg., R.S., Ch. 852, |
|
|
Sec. 13(a).) |
|
|
Sec.1042.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
require an independent audit of the district's books and records. |
|
|
(b) Not later than December 1 of each year, the board shall |
|
|
file a copy of the audit with: |
|
|
(1) the comptroller; and |
|
|
(2) the district. (Acts 62nd Leg., R.S., Ch. 852, Sec. |
|
|
12(d).) |
|
|
Sec.1042.155.DEPOSITORY. (a) The board by resolution |
|
|
shall designate a bank in Hood County as the district's depository. |
|
|
A designated bank serves for two years and until a successor is |
|
|
designated. |
|
|
(b) All district money shall be deposited in the depository |
|
|
and secured in the manner provided for securing county funds. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Sec. 16.) |
|
|
[Sections 1042.156-1042.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1042.201.BONDS. The district may issue bonds to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings or improvements; and |
|
|
(2) equip buildings for hospital purposes. (Acts 62nd |
|
|
Leg., R.S., Ch. 852, Secs. 9(a) (part), 10(a) (part).) |
|
|
Sec.1042.202.TAX TO PAY BONDS. The board may issue bonds |
|
|
under Section 1042.201 only if the board imposes an ad valorem tax |
|
|
at a rate sufficient to create an interest and sinking fund to pay |
|
|
the principal of and interest on the bonds as the bonds mature. |
|
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 10(c).) |
|
|
Sec.1042.203.BOND ELECTION. (a) The board may issue |
|
|
bonds under Section 1042.201 only if the bonds are authorized by a |
|
|
majority of district voters voting in an election held for that |
|
|
purpose. The total face value of the bonds may not exceed the amount |
|
|
specified in the election order. |
|
|
(b) The board may order a bond election at any time. |
|
|
(c) The order calling an election must include: |
|
|
(1) the time of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the form of the ballots; |
|
|
(4) the presiding judge for each polling place; |
|
|
(5) the purpose of the bond issuance; |
|
|
(6) the amount of the bonds to be authorized; |
|
|
(7) the maximum interest rate of the bonds; and |
|
|
(8) the maximum maturity of the bonds. |
|
|
(d) A substantial copy of the election order shall be |
|
|
published in a newspaper of general circulation in the district |
|
|
once a week for two consecutive weeks before the date of the |
|
|
election. The first notice must be published not later than the |
|
|
15th day before the date of the election. |
|
|
(e) A copy of the election results must be filed with the |
|
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
|
852, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d), 10(a) |
|
|
(part).) |
|
|
Sec.1042.204.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Sec. 9(c).) |
|
|
Sec.1042.205.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
62nd Leg., R.S., Ch. 852, Sec. 10(b) (part).) |
|
|
[Sections 1042.206-1042.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1042.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The tax may be used only to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued under this chapter; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire sites for additions to the hospital |
|
|
system. (Acts 62nd Leg., R.S., Ch. 852, Secs. 8(a) (part), (c).) |
|
|
Sec.1042.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 62nd Leg., R.S., Ch. 852, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1042.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector for Hood County shall collect taxes for the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 852, Sec. 8(d) (part).) |
|
|
CHAPTER 1043. HOPKINS COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1043.001. DEFINITIONS |
|
|
Sec. 1043.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1043.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
|
SUBDIVISION |
|
|
Sec. 1043.004. DISTRICT TERRITORY |
|
|
Sec. 1043.005. CORRECTION OF INVALID PROCEDURES |
|
|
[Sections 1043.006-1043.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1043.051. BOARD ELECTION; TERM |
|
|
Sec. 1043.052. NOTICE OF ELECTION |
|
|
Sec. 1043.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1043.054. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1043.055. BOARD VACANCY |
|
|
Sec. 1043.056. OFFICERS |
|
|
Sec. 1043.057. COMPENSATION; EXPENSES |
|
|
Sec. 1043.058. VOTING REQUIREMENT |
|
|
Sec. 1043.059. APPOINTMENT AND RECRUITMENT OF STAFF |
|
|
AND EMPLOYEES |
|
|
Sec. 1043.060. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1043.061. SEAL |
|
|
[Sections 1043.062-1043.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1043.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1043.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION |
|
|
Sec. 1043.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1043.104. HOSPITAL SYSTEM |
|
|
Sec. 1043.105. RULES |
|
|
Sec. 1043.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1043.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1043.108. PROPERTY, FACILITIES, AND EQUIPMENT FOR |
|
|
STAFF PHYSICIANS |
|
|
Sec. 1043.109. EMINENT DOMAIN |
|
|
Sec. 1043.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1043.111. JOINT OWNERSHIP ARRANGEMENT |
|
|
Sec. 1043.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1043.113. NONPROFIT CORPORATION |
|
|
Sec. 1043.114. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1043.115-1043.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1043.151. BUDGET |
|
|
Sec. 1043.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1043.153. FISCAL YEAR |
|
|
Sec. 1043.154. ANNUAL AUDIT |
|
|
Sec. 1043.155. DEPOSITORY OR TREASURER |
|
|
Sec. 1043.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1043.157-1043.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1043.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1043.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1043.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1043.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1043.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1043.206. REVENUE BONDS |
|
|
Sec. 1043.207. REFUNDING BONDS |
|
|
Sec. 1043.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1043.209-1043.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1043.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1043.252. TAX RATE |
|
|
Sec. 1043.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
|
Sec. 1043.254. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1043.255-1043.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1043.301. DISSOLUTION; ELECTION |
|
|
Sec. 1043.302. NOTICE OF ELECTION |
|
|
Sec. 1043.303. BALLOT |
|
|
Sec. 1043.304. ELECTION RESULTS |
|
|
Sec. 1043.305. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
CHAPTER 1043. HOPKINS COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1043.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Hopkins County Hospital |
|
|
District. (New.) |
|
|
Sec.1043.002.AUTHORITY FOR OPERATION. The district |
|
|
operates under the authority of and has the powers and |
|
|
responsibilities provided by Section 11, Article IX, Texas |
|
|
Constitution. (Acts 57th Leg., 1st C.S., Ch. 43, Secs. 1 (part), |
|
|
5(a) (part).) |
|
|
Sec. 1043.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
|
SUBDIVISION. The district is: |
|
|
(1) a public entity performing an essential public |
|
|
function; and |
|
|
(2) a political subdivision of this state. (Acts 57th |
|
|
Leg., 1st C.S., Ch. 43, Secs. 6D(d) (part), 18 (part).) |
|
|
Sec.1043.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Hopkins County. |
|
|
(Acts 57th Leg., 1st C.S., Ch. 43, Sec. 1 (part).) |
|
|
Sec.1043.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 19 |
|
|
(part).) |
|
|
[Sections 1043.006-1043.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1043.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven elected directors. |
|
|
(b) Directors serve staggered three-year terms. |
|
|
(c) An election shall be held on the uniform election date |
|
|
in May of each year to elect the appropriate number of directors. |
|
|
(Acts 57th Leg., 1st C.S., Ch. 43, Sec. 3 (part).) |
|
|
Sec.1043.052.NOTICE OF ELECTION. At least 10 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper of general circulation in |
|
|
Hopkins County. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 3 (part).) |
|
|
Sec.1043.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; |
|
|
(2) a qualified voter of the district; and |
|
|
(3) more than 21 years of age at the time of election |
|
|
or appointment. |
|
|
(b) A district employee may not serve as a director. (Acts |
|
|
57th Leg., 1st C.S., Ch. 43, Sec. 3 (part).) |
|
|
Sec. 1043.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository bank for safekeeping. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
|
Sec. 3 (part).) |
|
|
Sec.1043.055.BOARD VACANCY. (a) If a vacancy occurs in |
|
|
the office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. |
|
|
(b) If the number of directors is reduced to less than the |
|
|
number that constitutes a majority for any reason, the remaining |
|
|
directors shall immediately call a special election to fill the |
|
|
vacancies. If the remaining directors do not call the election, a |
|
|
district court, on application of a district voter or taxpayer, may |
|
|
order the directors to hold the election. (Acts 57th Leg., 1st |
|
|
C.S., Ch. 43, Sec. 3 (part).) |
|
|
Sec.1043.056.OFFICERS. The board shall elect a |
|
|
president, vice president, and secretary. (Acts 57th Leg., 1st |
|
|
C.S., Ch. 43, Sec. 3 (part).) |
|
|
Sec.1043.057.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the entire board. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
|
Sec. 4 (part).) |
|
|
Sec.1043.058.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors is sufficient in any matter relating to |
|
|
district business. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 3 |
|
|
(part).) |
|
|
Sec. 1043.059. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES. (a) The board may employ a general manager, attorney, |
|
|
bookkeeper, and architect. |
|
|
(b) The board may spend district money to recruit |
|
|
physicians, nurses, or other trained medical personnel to the |
|
|
hospital staff. |
|
|
(c) The board may agree to pay all or part of the tuition or |
|
|
other costs of a medical technician or nursing student who: |
|
|
(1) is enrolled and in good standing in an accredited |
|
|
hospital, school, or college; and |
|
|
(2) contractually agrees to serve as a district |
|
|
employee on terms prescribed by the board. |
|
|
(d) Subject to Subsection (e), the board may provide |
|
|
financial inducements, including income subsidies or guarantees |
|
|
and reimbursement of relocation expenses, to a full-time medical |
|
|
intern or resident physician serving in a hospital who |
|
|
contractually agrees to: |
|
|
(1) reside and practice in Hopkins County; and |
|
|
(2) provide care and treatment to its needy residents. |
|
|
(e) The board may offer financial inducements only to |
|
|
attract qualified physicians who possess medical expertise that is |
|
|
not available in the county. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
|
Secs. 8 (part), 8A.) |
|
|
Sec.1043.060.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
Except as provided by Section 1043.054, all district records, |
|
|
including books, accounts, notices, minutes, and all other matters |
|
|
of the district and the operation of its facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at the district office |
|
|
at all reasonable hours. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 8 |
|
|
(part).) |
|
|
Sec.1043.061.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 8 (part).) |
|
|
[Sections 1043.062-1043.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1043.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy and indigent residents. (Acts 57th Leg., 1st |
|
|
C.S., Ch. 43, Sec. 13 (part).) |
|
|
Sec. 1043.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION. Hopkins County or a municipality in Hopkins County may |
|
|
not impose a tax for hospital purposes. (Acts 57th Leg., 1st C.S., |
|
|
Ch. 43, Sec. 13 (part).) |
|
|
Sec.1043.103.MANAGEMENT AND CONTROL. The management and |
|
|
control of the district is vested in the board. (Acts 57th Leg., |
|
|
1st C.S., Ch. 43, Sec. 4 (part).) |
|
|
Sec.1043.104.HOSPITAL SYSTEM. The district may provide |
|
|
for the establishment of a hospital or hospital system to provide |
|
|
medical and hospital care to the district's needy residents. (Acts |
|
|
57th Leg., 1st C.S., Ch. 43, Sec. 2 (part).) |
|
|
Sec.1043.105.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any taxpayer |
|
|
on request. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 8 (part).) |
|
|
Sec.1043.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 8 |
|
|
(part).) |
|
|
Sec. 1043.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location, either inside or outside the district, of facilities |
|
|
required to maintain an adequate hospital system and ancillary |
|
|
health care system and the type of equipment necessary for |
|
|
hospital care and ancillary health care services, including: |
|
|
(1) domiciliary care and treatment of sick or injured |
|
|
patients; |
|
|
(2) geriatric services; |
|
|
(3) outpatient clinics; |
|
|
(4) rural health clinics; |
|
|
(5) convalescent home facilities; |
|
|
(6) physician's offices; |
|
|
(7) home health services; |
|
|
(8) durable medical equipment; |
|
|
(9) long-term care; |
|
|
(10) skilled nursing care; |
|
|
(11) intermediate nursing care; |
|
|
(12) hospice care; |
|
|
(13) ambulatory surgery centers; |
|
|
(14) urgent care facilities; |
|
|
(15) operation of a mobile emergency medical service; |
|
|
(16) extended care facilities; |
|
|
(17) assisted living facilities; and |
|
|
(18) any other facility or equipment the board |
|
|
considers necessary for the delivery of hospital, medical, and |
|
|
ancillary health care services. |
|
|
(b) The board may: |
|
|
(1) acquire by lease, purchase, or lease to purchase |
|
|
property, including facilities, supplies, and equipment, for the |
|
|
district for use in the hospital system and ancillary health care |
|
|
system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease, sell, or otherwise dispose of all |
|
|
or part of the district's property for the district, including |
|
|
facilities, supplies, or equipment, to a public or private entity, |
|
|
but only to the extent necessary to maintain an adequate hospital |
|
|
system for the residents of Hopkins County. (Acts 57th Leg., 1st |
|
|
C.S., Ch. 43, Sec. 6C.) |
|
|
Sec. 1043.108. PROPERTY, FACILITIES, AND EQUIPMENT FOR |
|
|
STAFF PHYSICIANS. (a) The board shall determine the type, number, |
|
|
and location of buildings required to establish and maintain office |
|
|
facilities for staff physicians as necessary to provide adequate |
|
|
medical care. |
|
|
(b) The board may: |
|
|
(1) acquire property, including equipment, and |
|
|
construct facilities for the district for use by staff physicians; |
|
|
and |
|
|
(2) mortgage or pledge the property or facilities as |
|
|
security for the payment of the purchase or construction price. |
|
|
(c) The board for the district may: |
|
|
(1) lease the office facilities and equipment to staff |
|
|
physicians; and |
|
|
(2) sell or otherwise dispose of the property, |
|
|
including facilities and equipment. (Acts 57th Leg., 1st C.S., Ch. |
|
|
43, Sec. 6A.) |
|
|
Sec.1043.109.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. |
|
|
10.) |
|
|
Sec.1043.110.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for any nonprofit purpose and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
|
Sec. 16.) |
|
|
Sec.1043.111.JOINT OWNERSHIP ARRANGEMENT. (a) The board |
|
|
may enter into a joint ownership arrangement for the district with |
|
|
one or more public or private entities for: |
|
|
(1) the provision of management or operating services; |
|
|
and |
|
|
(2) the ownership of all or part of real property, |
|
|
facilities, equipment, or supplies. |
|
|
(b) Before the board enters into the arrangement, the board |
|
|
must determine that the arrangement is: |
|
|
(1) in the district's best interest; and |
|
|
(2) for a public purpose of the district. (Acts 57th |
|
|
Leg., 1st C.S., Ch. 43, Sec. 7A.) |
|
|
Sec.1043.112.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient is admitted to a district facility, the board shall |
|
|
have an inquiry made into the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) The district without charge shall provide to a patient |
|
|
who resides in the district the care and treatment that the patient |
|
|
or a relative of the patient who is legally responsible for the |
|
|
patient's support cannot pay. |
|
|
(c) If it is determined that the patient or those relatives |
|
|
are liable to pay for all or part of the costs of the patient's care |
|
|
and treatment, the patient or those relatives shall be ordered to |
|
|
pay to the district's treasurer a specified amount each week for the |
|
|
patient's support. The amount ordered must be proportionate to the |
|
|
person's financial ability and may not exceed the actual per capita |
|
|
cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district's designated agent, the board shall hold |
|
|
a hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) Either party to the dispute may appeal the order to the |
|
|
district court. (Acts 57th Leg., 1st C.S., Ch. 43, Secs. 14(a), |
|
|
(c), (d), (e), (f).) |
|
|
Sec.1043.113.NONPROFIT CORPORATION. (a) The district may |
|
|
become a member of a nonprofit corporation or enter into an |
|
|
agreement with a nonprofit corporation to serve the purposes of |
|
|
this chapter. Under an agreement with a nonprofit corporation, the |
|
|
district may require that: |
|
|
(1) the nonprofit corporation grant the district the |
|
|
power to appoint one or more members of the corporation's board of |
|
|
directors; |
|
|
(2) the nonprofit corporation obtain the district's |
|
|
consent before changing the corporation's articles of |
|
|
incorporation or bylaws or before taking other action; and |
|
|
(3) the district receive all or part of the net assets |
|
|
of the nonprofit corporation on the corporation's dissolution, |
|
|
merger, or consolidation. |
|
|
(b) The district is not liable for any debt, obligation, or |
|
|
other liability of the nonprofit corporation. |
|
|
(c) This section does not affect the district's authority to |
|
|
make payments to or otherwise provide money to the nonprofit |
|
|
corporation. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 6B.) |
|
|
Sec.1043.114.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court of this state. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
|
Sec. 18 (part).) |
|
|
[Sections 1043.115-1043.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1043.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 9 (part).) |
|
|
Sec.1043.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in Hopkins County not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district taxpayer is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 9 (part).) |
|
|
Sec.1043.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 57th Leg., 1st C.S., Ch. 43, Sec. 9 (part).) |
|
|
Sec.1043.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 each year, the audit shall be |
|
|
filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 57th Leg., 1st C.S., |
|
|
Ch. 43, Sec. 9 (part).) |
|
|
Sec.1043.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank or banks in Hopkins County as the |
|
|
district's depository or treasurer. A designated bank serves for |
|
|
two years and until a successor is designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 57th Leg., 1st C.S., Ch. |
|
|
43, Subsec. (a), Sec. 5 (part), Sec. 11.) |
|
|
Sec.1043.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) If |
|
|
the board declares that money is not available to meet authorized |
|
|
district obligations, the board may: |
|
|
(1) by majority vote borrow money to satisfy the |
|
|
obligations in an amount not to exceed, at any one time in the |
|
|
aggregate, 10 percent of the annual district operational expenses |
|
|
for the prior fiscal year; and |
|
|
(2) by unanimous vote borrow additional money if the |
|
|
obligations exceed the amount described by Subdivision (1). |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; or |
|
|
(2) a district tax to be imposed by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds. |
|
|
(c) A loan for which taxes are pledged must mature and be |
|
|
paid not later than the first anniversary of the date the loan is |
|
|
made. |
|
|
(d) The board may not spend money obtained from a loan under |
|
|
this section for any purpose other than: |
|
|
(1) the purpose for which the board declared an |
|
|
emergency; and |
|
|
(2) if district taxes are pledged to pay the loan, the |
|
|
purposes for which the pledged taxes were imposed. (Acts 57th Leg., |
|
|
1st C.S., Ch. 43, Sec. 8B.) |
|
|
[Sections 1043.157-1043.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1043.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements, including medical |
|
|
facilities; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
or medical purposes. (Acts 57th Leg., 1st C.S., Ch. 43, Secs. 5(a) |
|
|
(part), 6 (part).) |
|
|
Sec.1043.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
|
create an interest and sinking fund to pay the principal of and |
|
|
interest on general obligation bonds issued by the district under |
|
|
Section 1043.201 as the bonds mature. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax the district imposes may not in any year exceed: |
|
|
(1) 25 cents on each $100 valuation of all taxable |
|
|
property in the district; or |
|
|
(2) the maximum tax rate approved under Section |
|
|
1043.253, which may not exceed 75 cents on each $100 valuation of |
|
|
all taxable property in the district. (Acts 57th Leg., 1st C.S., |
|
|
Ch. 43, Secs. 5(a) (part), 6 (part).) |
|
|
Sec.1043.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the location of the polling places; |
|
|
(2) the presiding election officers; |
|
|
(3) the purpose of the bond issuance; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum interest rate of the bonds; and |
|
|
(6) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in Hopkins County once a week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 14 days before the date of the |
|
|
election. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 6 (part).) |
|
|
Sec.1043.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 57th Leg., 1st C.S., Ch. |
|
|
43, Sec. 6 (part).) |
|
|
Sec.1043.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
57th Leg., 1st C.S., Ch. 43, Sec. 6 (part).) |
|
|
Sec.1043.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings or improvements, including necessary equipment and |
|
|
furnishings, for hospital purposes and the hospital system; |
|
|
(2) acquire sites to be used for hospital purposes; or |
|
|
(3) acquire and operate a mobile emergency medical or |
|
|
air ambulance service to assist the district in carrying out its |
|
|
hospital purpose. |
|
|
(b) The bonds may be secured by a mortgage or deed of trust |
|
|
lien on all or part of district property. |
|
|
(c) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 57th Leg., 1st C.S., Ch. 43, Secs. 6D(a), (b) (part), (c).) |
|
|
Sec.1043.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding bonds |
|
|
issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar amount of outstanding bonds and the unpaid matured interest |
|
|
on the bonds. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 6 (part).) |
|
|
Sec.1043.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 57th |
|
|
Leg., 1st C.S., Ch. 43, Sec. 6D(d) (part).) |
|
|
[Sections 1043.209-1043.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1043.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The tax may be used for all hospital district purposes |
|
|
mentioned in this chapter and in Section 11, Article IX, Texas |
|
|
Constitution, including to: |
|
|
(1) pay the indebtedness issued or assumed by the |
|
|
district; and |
|
|
(2) maintain and operate the district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
|
Subsec. (a), Sec. 5 (part), Secs. 5(a) (part), 6D(b) (part), 9 |
|
|
(part).) |
|
|
Sec.1043.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 25 cents on each $100 valuation of all taxable |
|
|
property in the district unless the tax rate is increased as |
|
|
provided by Section 1043.253. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
|
Subsec. (a), Sec. 5 (part), Sec. 5(a) (part).) |
|
|
Sec.1043.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
|
The board may order an election to increase the district's maximum |
|
|
tax rate to a rate not to exceed 75 cents on each $100 valuation of |
|
|
taxable property in the district. |
|
|
(b) The maximum tax rate may not be increased unless the |
|
|
increase is approved by a majority of the district voters voting in |
|
|
an election held for that purpose. |
|
|
(c) The board shall give notice in the manner provided for a |
|
|
bond election under Section 1043.203. (Acts 57th Leg., 1st C.S., |
|
|
Ch. 43, Sec. 5(a) (part).) |
|
|
Sec.1043.254.TAX ASSESSOR-COLLECTOR. (a) Except as |
|
|
provided by Subsection (b), the tax assessor-collector of Hopkins |
|
|
County shall assess and collect taxes imposed by the district. |
|
|
(b) The board may provide for the appointment of a tax |
|
|
assessor-collector for the district or may contract for the |
|
|
assessment and collection of taxes as provided by the Tax Code. |
|
|
(Acts 57th Leg., 1st C.S., Ch. 43, Secs. 5(a) (part), (b) (part), 9 |
|
|
(part).) |
|
|
[Sections 1043.255-1043.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1043.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved and the district's assets and liabilities sold or |
|
|
transferred to another person only on approval of a majority of the |
|
|
district voters voting at an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and transferring the district's assets and |
|
|
liabilities. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by a number of |
|
|
district residents equal to at least 15 percent of the registered |
|
|
voters in the district, according to the most recent official list |
|
|
of registered voters. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 57th Leg., 1st C.S., Ch. |
|
|
43, Secs. 21(a), (b), (c) (part), (d), (g).) |
|
|
Sec.1043.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper with general circulation in the district. |
|
|
(b) The first publication of the notice must appear at least |
|
|
35 days before the date set for the election. (Acts 57th Leg., 1st |
|
|
C.S., Ch. 43, Sec. 21(e).) |
|
|
Sec.1043.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Hopkins County Hospital |
|
|
District and the transfer of its assets and liabilities in the |
|
|
following manner: __________ (insert provisions for transfer)." |
|
|
(Acts 57th Leg., 1st C.S., Ch. 43, Sec. 21(h).) |
|
|
Sec.1043.304.ELECTION RESULTS. (a) If the board finds |
|
|
the election results favor the proposition to dissolve the |
|
|
district, the board shall: |
|
|
(1) issue an order declaring the district dissolved; |
|
|
and |
|
|
(2) proceed with the sale or transfer of the district's |
|
|
assets and liabilities according to the plan proposed on the |
|
|
ballot. |
|
|
(b) If the board finds the election results do not favor the |
|
|
proposition to dissolve the district, another dissolution election |
|
|
may not be held before the first anniversary of the date of the |
|
|
election in which voters disapproved the proposition. (Acts 57th |
|
|
Leg., 1st C.S., Ch. 43, Secs. 21(j), (k).) |
|
|
Sec.1043.305.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The district may not be dissolved unless the board provides for |
|
|
the sale or transfer of the district's assets and liabilities to |
|
|
another person. |
|
|
(b) The dissolution of the district and the sale or transfer |
|
|
of the district's assets and liabilities may not: |
|
|
(1) contravene a trust indenture or bond resolution |
|
|
relating to the district's outstanding bonds; or |
|
|
(2) diminish or impair the rights of the holders of any |
|
|
outstanding bonds, warrants, or other obligations of the district. |
|
|
(c) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of district |
|
|
residents, including the residents' collective property rights in |
|
|
the district's assets. |
|
|
(d) The district may not transfer or dispose of the |
|
|
district's assets except for due compensation unless: |
|
|
(1) the transfer is made to another governmental |
|
|
agency that serves the district; and |
|
|
(2) the transferred assets are to be used for the |
|
|
benefit of the district's residents. |
|
|
(e) A grant from federal funds is an obligation to be repaid |
|
|
in satisfaction. (Acts 57th Leg., 1st C.S., Ch. 43, Secs. 21(l), |
|
|
(m).) |
|
|
CHAPTER 1044. HUNT MEMORIAL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1044.001. DEFINITIONS |
|
|
Sec. 1044.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1044.003. POLITICAL SUBDIVISION |
|
|
Sec. 1044.004. DISTRICT TERRITORY |
|
|
Sec. 1044.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1044.006. PUBLIC PURPOSE; TAX EXEMPTION |
|
|
[Sections 1044.007-1044.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1044.051. BOARD ELECTION; TERM |
|
|
Sec. 1044.052. NOTICE OF ELECTION |
|
|
Sec. 1044.053. BALLOT PETITION |
|
|
Sec. 1044.054. QUALIFICATIONS FOR CANDIDACY |
|
|
Sec. 1044.055. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1044.056. BOARD VACANCY |
|
|
Sec. 1044.057. OFFICERS |
|
|
Sec. 1044.058. COMPENSATION; EXPENSES |
|
|
Sec. 1044.059. VOTING REQUIREMENT |
|
|
Sec. 1044.060. EMPLOYEES |
|
|
Sec. 1044.061. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1044.062. SEAL |
|
|
[Sections 1044.063-1044.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1044.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1044.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION |
|
|
Sec. 1044.103. MEDICAL FACILITIES; LEGISLATIVE INTENT |
|
|
Sec. 1044.104. RULES |
|
|
Sec. 1044.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1044.106. EMINENT DOMAIN |
|
|
Sec. 1044.107. GIFTS AND ENDOWMENTS |
|
|
Sec. 1044.108. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1044.109. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1044.110-1044.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1044.151. BUDGET |
|
|
Sec. 1044.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1044.153. FISCAL YEAR |
|
|
Sec. 1044.154. ANNUAL AUDIT |
|
|
Sec. 1044.155. DEPOSITORY |
|
|
[Sections 1044.156-1044.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1044.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1044.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1044.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1044.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1044.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
[Sections 1044.206-1044.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1044.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1044.252. TAX RATE |
|
|
Sec. 1044.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1044. HUNT MEMORIAL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1044.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Hunt Memorial Hospital |
|
|
District. (New.) |
|
|
Sec.1044.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution. (Acts 60th Leg., R.S., Ch. 125, Sec. 1.) |
|
|
Sec.1044.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
|
125, Sec. 18 (part).) |
|
|
Sec.1044.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Hunt County. (Acts |
|
|
60th Leg., R.S., Ch. 125, Sec. 4A(f) (part).) |
|
|
Sec.1044.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 60th Leg., R.S., Ch. 125, Sec. 21 (part); |
|
|
Acts 61st Leg., R.S., Ch. 853, Sec. 2 (part).) |
|
|
Sec.1044.006.PUBLIC PURPOSE; TAX EXEMPTION. All property |
|
|
owned by the district: |
|
|
(1) shall be held for public purposes; and |
|
|
(2) is exempt from taxation of every character. (Acts |
|
|
60th Leg., R.S., Chapter 125, Sec. 18 (part).) |
|
|
[Sections 1044.007-1044.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1044.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of nine directors elected as follows: |
|
|
(1) two directors elected from each county |
|
|
commissioners precinct; and |
|
|
(2) one director elected from the district at large. |
|
|
(b) The two candidates from each county commissioners |
|
|
precinct receiving the highest number of votes from that precinct |
|
|
are elected as directors from that precinct. The candidate from the |
|
|
district at large receiving the highest number of votes from the |
|
|
district at large is elected as the director from the district at |
|
|
large. |
|
|
(c) Directors serve staggered four-year terms. |
|
|
(d) The board shall provide for clerks as in county |
|
|
elections. |
|
|
(e) The board shall enter an order declaring the results of |
|
|
the election. (Acts 60th Leg., R.S., Ch. 125, Secs. 3 (part), 4 |
|
|
(part).) |
|
|
Sec.1044.052.NOTICE OF ELECTION. At least 10 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published at least one time in a newspaper of general circulation |
|
|
in the district. (Acts 60th Leg., R.S., Ch. 125, Sec. 4 (part).) |
|
|
Sec.1044.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must: |
|
|
(1) be signed by at least 25 registered voters who |
|
|
reside in the district; |
|
|
(2) be filed at least 31 days before the date of the |
|
|
election; and |
|
|
(3) specify the county commissioners precinct the |
|
|
candidate wants to represent or specify that the candidate wants to |
|
|
represent the district at large. (Acts 60th Leg., R.S., Ch. 125, |
|
|
Sec. 3 (part).) |
|
|
Sec.1044.054.QUALIFICATIONS FOR CANDIDACY. (a) A person |
|
|
may not be a candidate for director from the district at large |
|
|
unless the person is a qualified voter of the district. |
|
|
(b) A person may not be a candidate for director for a county |
|
|
commissioners precinct unless the person is a qualified voter of |
|
|
that precinct. (Acts 60th Leg., R.S., Ch. 125, Sec. 3 (part).) |
|
|
Sec. 1044.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 125, |
|
|
Sec. 4 (part).) |
|
|
Sec.1044.056.BOARD VACANCY. If a vacancy occurs on the |
|
|
board, the majority of the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 60th Leg., R.S., Ch. 125, |
|
|
Sec. 4 (part).) |
|
|
Sec.1044.057.OFFICERS. The board shall elect: |
|
|
(1) a president and a secretary from among its |
|
|
members; and |
|
|
(2) any other officers the board requires. (Acts 60th |
|
|
Leg., R.S., Ch. 125, Sec. 4 (part).) |
|
|
Sec.1044.058.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the board. (Acts 60th Leg., R.S., Ch. 125, Sec. 4 |
|
|
(part).) |
|
|
Sec.1044.059.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors present is sufficient in any matter |
|
|
relating to district business. (Acts 60th Leg., R.S., Ch. 125, Sec. |
|
|
4 (part).) |
|
|
Sec.1044.060.EMPLOYEES. The board may employ a general |
|
|
manager, attorneys, bookkeepers, architects, or any other |
|
|
employees or consultants considered necessary for the efficient |
|
|
financing, development, and operation of the district. (Acts 60th |
|
|
Leg., R.S., Ch. 125, Sec. 9 (part).) |
|
|
Sec.1044.061.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
Except as provided by Section 1044.055, all district records, |
|
|
including books, accounts, notices, minutes, and all other matters |
|
|
of the district and the operation of its facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at the district office |
|
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 125, Sec. 9 |
|
|
(part).) |
|
|
Sec.1044.062.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 60th Leg., R.S., Ch. 125, Sec. 9 (part).) |
|
|
[Sections 1044.063-1044.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1044.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy and indigent residents. (Acts 60th Leg., R.S., Ch. |
|
|
125, Secs. 2, 14 (part).) |
|
|
Sec. 1044.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION. Hunt County or a political subdivision with boundaries |
|
|
that overlap the district's boundaries may not impose a tax on |
|
|
property in the district for hospital purposes. (Acts 60th Leg., |
|
|
R.S., Ch. 125, Sec. 14 (part).) |
|
|
Sec.1044.103.MEDICAL FACILITIES; LEGISLATIVE INTENT. It |
|
|
is the intent of the legislature that the people of Hunt County be |
|
|
provided with the best and most modern health care available. To |
|
|
achieve that intent, the district may provide a medical facility in |
|
|
the city of Commerce and in other areas of Hunt County if the board |
|
|
finds that providing a facility is feasible and in the best interest |
|
|
of district residents. (Acts 60th Leg., R.S., Ch. 125, Sec. 1A.) |
|
|
Sec.1044.104.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any taxpayer |
|
|
on request. (Acts 60th Leg., R.S., Ch. 125, Sec. 9 (part).) |
|
|
Sec.1044.105.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 125, Sec. 9 |
|
|
(part).) |
|
|
Sec.1044.106.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 60th Leg., R.S., Ch. 125, Sec. |
|
|
11.) |
|
|
Sec.1044.107.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 125, |
|
|
Sec. 16.) |
|
|
Sec.1044.108.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district to handle the |
|
|
inquiry determines that the patient or those relatives cannot pay |
|
|
all or part of the costs of the care and treatment in the hospital, |
|
|
the amount of the costs that cannot be paid becomes a charge against |
|
|
the district. |
|
|
(c) If the board determines that the patient or those |
|
|
relatives are liable to pay for all or part of the costs of the |
|
|
patient's care and treatment, the patient or those relatives shall |
|
|
be ordered to pay to the district's treasurer a specified amount |
|
|
each week for the patient's support. The amount ordered must be |
|
|
proportionate to the person's financial ability and may not exceed |
|
|
the actual per capita cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district's designated agent, the board shall hold |
|
|
a hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) Either party to the dispute may appeal the order to the |
|
|
district court. (Acts 60th Leg., R.S., Ch. 125, Sec. 15.) |
|
|
Sec.1044.109.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court of this state. (Acts 60th Leg., R.S., Ch. 125, |
|
|
Sec. 18 (part).) |
|
|
[Sections 1044.110-1044.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1044.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 60th Leg., R.S., Ch. 125, Sec. 10 (part).) |
|
|
Sec.1044.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in Hunt County not later than the |
|
|
10th day before the date of the hearing. |
|
|
(c) Any district taxpayer is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 60th Leg., R.S., Ch. 125, Sec. 10 (part).) |
|
|
Sec.1044.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 60th Leg., R.S., Ch. 125, Sec. 10 (part).) |
|
|
Sec.1044.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 each year, the audit shall be |
|
|
filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
|
125, Sec. 10 (part).) |
|
|
Sec.1044.155.DEPOSITORY. (a) The board by resolution |
|
|
shall designate a bank in Hunt County as the district's depository. |
|
|
A designated bank serves for five years until a successor is |
|
|
designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 125, |
|
|
Secs. 5 (part), 12.) |
|
|
[Sections 1044.156-1044.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1044.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 60th Leg., R.S., Ch. 125, Sec. 6 (part).) |
|
|
Sec.1044.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
|
create an interest and sinking fund to pay the principal of and |
|
|
interest on general obligation bonds issued by the district under |
|
|
Section 1044.201 as the bonds mature. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 60th Leg., R.S., Ch. 125, Sec. 6 (part).) |
|
|
Sec.1044.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting in an |
|
|
election held for that purpose. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding election officers; |
|
|
(4) the purpose of the bond issuance; |
|
|
(5) the amount of the bonds to be authorized; |
|
|
(6) the maximum interest rate of the bonds; and |
|
|
(7) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in the district once each week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 14 days before the date of the |
|
|
election. (Acts 60th Leg., R.S., Ch. 125, Sec. 6 (part).) |
|
|
Sec.1044.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 125, |
|
|
Sec. 6 (part).) |
|
|
Sec.1044.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
60th Leg., R.S., Ch. 125, Sec. 6 (part).) |
|
|
[Sections 1044.206-1044.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1044.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds and other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 125, |
|
|
Secs. 5 (part), 10 (part).) |
|
|
Sec.1044.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 60th Leg., R.S., Ch. 125, Sec. 5 |
|
|
(part).) |
|
|
Sec.1044.253.TAX ASSESSOR-COLLECTOR. The board may: |
|
|
(1) appoint a tax assessor-collector for the district; |
|
|
or |
|
|
(2) contract with the tax assessor-collector of Hunt |
|
|
County, the City of Greenville, or the Greenville Independent |
|
|
School District for the assessment or collection, or the assessment |
|
|
and collection, of taxes. (Acts 60th Leg., R.S., Ch. 125, Secs. 5 |
|
|
(part), 10 (part).) |
|
|
CHAPTER 1045. HUTCHINSON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1045.001. DEFINITIONS |
|
|
Sec. 1045.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1045.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1045.004. DISTRICT TERRITORY |
|
|
Sec. 1045.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1045.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1045.007-1045.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1045.051. BOARD ELECTION AND APPOINTMENT; TERM |
|
|
Sec. 1045.052. NOTICE OF ELECTION |
|
|
Sec. 1045.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1045.054. BOARD VACANCY |
|
|
Sec. 1045.055. OFFICERS |
|
|
Sec. 1045.056. COMPENSATION; EXPENSES |
|
|
Sec. 1045.057. VOTING REQUIREMENT |
|
|
Sec. 1045.058. ADMINISTRATORS |
|
|
Sec. 1045.059. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1045.060. ATTORNEY; ASSISTANT ADMINISTRATORS |
|
|
Sec. 1045.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1045.062. RECRUITMENT OF MEDICAL STAFF AND |
|
|
EMPLOYEES |
|
|
Sec. 1045.063. HEALTH CARE EDUCATIONAL PROGRAMS |
|
|
Sec. 1045.064. LIABILITY INSURANCE; INDEMNIFICATION |
|
|
Sec. 1045.065. RETIREMENT BENEFITS |
|
|
[Sections 1045.066-1045.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1045.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1045.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION AND DEBT |
|
|
Sec. 1045.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1045.104. RULES |
|
|
Sec. 1045.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1045.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
|
Sec. 1045.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1045.108. EMINENT DOMAIN |
|
|
Sec. 1045.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1045.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1045.111. GENERAL CONTRACT POWER |
|
|
Sec. 1045.112. CONSTRUCTION CONTRACTS |
|
|
Sec. 1045.113. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1045.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CERTAIN SERVICES |
|
|
Sec. 1045.115. JOINT OWNERSHIP ARRANGEMENT |
|
|
Sec. 1045.116. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1045.117. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1045.118. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1045.119-1045.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1045.151. BUDGET |
|
|
Sec. 1045.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1045.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1045.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1045.155. FISCAL YEAR |
|
|
Sec. 1045.156. ANNUAL AUDIT |
|
|
Sec. 1045.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1045.158. FINANCIAL REPORT |
|
|
Sec. 1045.159. DEPOSITORY |
|
|
Sec. 1045.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1045.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1045.162-1045.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1045.201. OBLIGATIONS AND CREDIT AGREEMENTS |
|
|
Sec. 1045.202. GENERAL OBLIGATION BONDS |
|
|
Sec. 1045.203. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1045.204. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1045.205. REVENUE BONDS |
|
|
Sec. 1045.206. REFUNDING BONDS |
|
|
Sec. 1045.207. MATURITY OF BONDS |
|
|
Sec. 1045.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1045.209-1045.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1045.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1045.252. TAX RATE |
|
|
Sec. 1045.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
|
Sec. 1045.254. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1045. HUTCHINSON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1045.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Hutchinson County Hospital |
|
|
District. (Acts 71st Leg., R.S., Ch. 77, Sec. 1.01.) |
|
|
Sec.1045.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter and other laws relating to |
|
|
hospital districts organized under Section 9, Article IX, Texas |
|
|
Constitution. (Acts 71st Leg., R.S., Ch. 77, Sec. 1.02.) |
|
|
Sec.1045.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
71st Leg., R.S., Ch. 77, Sec. 7.11 (part).) |
|
|
Sec.1045.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Hutchinson County, |
|
|
Texas. (Acts 71st Leg., R.S., Ch. 77, Sec. 1.03.) |
|
|
Sec. 1045.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not become obligated for the support or |
|
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
|
9.01 (part).) |
|
|
Sec.1045.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 9.01 (part).) |
|
|
[Sections 1045.007-1045.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1045.051.BOARD ELECTION AND APPOINTMENT; TERM. (a) |
|
|
The board is governed by the following seven directors: |
|
|
(1) one director elected from each county commissioner |
|
|
precinct; and |
|
|
(2) three directors appointed by the Hutchinson County |
|
|
Commissioners Court. |
|
|
(b) Elected directors serve staggered three-year terms, |
|
|
with as near as possible to one-third of the elected members' terms |
|
|
expiring each year. Appointed directors also serve staggered |
|
|
three-year terms, with one director's term expiring each year. |
|
|
(c) A directors' election shall be held on the uniform |
|
|
election date in May of each year to elect the appropriate number of |
|
|
directors. |
|
|
(d) Within 10 days of the date directors are elected, the |
|
|
commissioners court annually shall appoint the appropriate number |
|
|
of successor appointed directors. |
|
|
(e) The commissioners court may not appoint a person to |
|
|
serve more than two successive terms. (Acts 71st Leg., R.S., Ch. |
|
|
77, Secs. 4.01(a), 4.03(a), (d); New.) |
|
|
Sec.1045.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper with general circulation in the |
|
|
district. (Acts 71st Leg., R.S., Ch. 77, Sec. 4.04.) |
|
|
Sec.1045.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be a candidate for an elected position or to serve as an |
|
|
elected or appointed director, a person must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A person who is elected from a commissioner precinct or |
|
|
who is appointed to fill a vacancy for a commissioner precinct must |
|
|
be a resident of that commissioner precinct. |
|
|
(c) A district employee may not serve as a director. (Acts |
|
|
71st Leg., R.S., Ch. 77, Sec. 4.06.) |
|
|
Sec.1045.054.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 77, |
|
|
Sec. 4.07.) |
|
|
Sec.1045.055.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 71st Leg., R.S., Ch. 77, Secs. 4.08, 4.09.) |
|
|
Sec.1045.056.COMPENSATION; EXPENSES. 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. (Acts 71st Leg., R.S., Ch. |
|
|
77, Sec. 4.10.) |
|
|
Sec.1045.057.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
|
4.11.) |
|
|
Sec.1045.058.ADMINISTRATORS. (a) The board may appoint |
|
|
qualified persons to serve as: |
|
|
(1) district administrator; and |
|
|
(2) ancillary health care facilities administrator. |
|
|
(b) The administrators serve at the will of the board and |
|
|
are entitled to the compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond in the amount set by the board |
|
|
of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the district administrator's bond |
|
|
with district money. (Acts 71st Leg., R.S., Ch. 77, Secs. 4.12(a) |
|
|
(part), (b) (part), (c) (part), (d).) |
|
|
Sec.1045.059.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
|
(a) The district administrator shall: |
|
|
(1) supervise the work and activities of the district |
|
|
facilities and the staff, employees, contractors, and agents of the |
|
|
district; and |
|
|
(2) direct the general affairs of the district subject |
|
|
to the limitations prescribed by the board. |
|
|
(b) The district administrator is responsible for the |
|
|
overall management of all district facilities, including ancillary |
|
|
health care facilities. (Acts 71st Leg., R.S., Ch. 77, Sec. 4.15.) |
|
|
Sec.1045.060.ATTORNEY; ASSISTANT ADMINISTRATORS. (a) |
|
|
The board may appoint qualified persons as: |
|
|
(1) the attorney for the district; and |
|
|
(2) assistant administrators. |
|
|
(b) The attorney for the district and the assistant |
|
|
administrators serve at the will of the board and are entitled to |
|
|
the compensation determined by the board. (Acts 71st Leg., R.S., |
|
|
Ch. 77, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
|
Sec.1045.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as considered necessary. |
|
|
(b) The district may employ technicians, nurses, fiscal |
|
|
agents, accountants, architects, attorneys, and other necessary |
|
|
employees. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees. (Acts 71st Leg., R.S., Ch. |
|
|
77, Secs. 4.13, 4.14.) |
|
|
Sec.1045.062.RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
|
The board may spend district money, enter into agreements, and take |
|
|
other necessary action to recruit physicians and other persons to |
|
|
serve on the district's medical staff or to be employed by the |
|
|
district, including: |
|
|
(1) advertising and marketing; |
|
|
(2) paying travel, recruiting, and relocation |
|
|
expenses; |
|
|
(3) providing a loan or scholarship to a physician or |
|
|
other person who: |
|
|
(A) is currently enrolled in health care |
|
|
education courses at an institution of higher education; and |
|
|
(B) contractually agrees to become a district |
|
|
employee or medical staff member; and |
|
|
(4) providing on a rent-free basis or subsidizing the |
|
|
cost of office space or other facilities for a health care |
|
|
professional, including a physician. (Acts 71st Leg., R.S., Ch. |
|
|
77, Sec. 5.17(a).) |
|
|
Sec.1045.063.HEALTH CARE EDUCATIONAL PROGRAMS. The board |
|
|
may spend district money, enter into agreements, and take other |
|
|
necessary action to conduct, participate in, or otherwise assist in |
|
|
providing health care educational programs for current or |
|
|
prospective staff members or employees. (Acts 71st Leg., R.S., Ch. |
|
|
77, Sec. 5.17(b).) |
|
|
Sec.1045.064.LIABILITY INSURANCE; INDEMNIFICATION. (a) |
|
|
For an officer, director, board appointee, member of the medical |
|
|
staff, or district employee, the board may: |
|
|
(1) purchase and maintain liability insurance to |
|
|
protect the person from liability that arises from performing a |
|
|
duty in that capacity; and |
|
|
(2) agree to defend or indemnify the person with |
|
|
regard to a claim, cost, expense, or liability resulting from |
|
|
duties performed in that capacity. |
|
|
(b) The board may establish a self-insurance program to fund |
|
|
an indemnity obligation under Subsection (a)(2). (Acts 71st Leg., |
|
|
R.S., Ch. 77, Sec. 5.16.) |
|
|
Sec.1045.065.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. (Acts 71st Leg., R.S., Ch. |
|
|
77, Sec. 4.16.) |
|
|
[Sections 1045.066-1045.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1045.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital and ancillary health care |
|
|
facilities; and |
|
|
(2) providing medical, hospital, and ancillary health |
|
|
care for the district's needy inhabitants. (Acts 71st Leg., R.S., |
|
|
Ch. 77, Sec. 5.02 (part).) |
|
|
Sec. 1045.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION AND DEBT. Hutchinson County or a municipality in |
|
|
Hutchinson County may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide medical care for |
|
|
district residents. (Acts 71st Leg., R.S., Ch. 77, Sec. 5.01(b).) |
|
|
Sec.1045.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital |
|
|
system, the ancillary health care system, and the district's money |
|
|
and resources. (Acts 71st Leg., R.S., Ch. 77, Sec. 5.03.) |
|
|
Sec.1045.104.RULES. The board may adopt rules governing: |
|
|
(1) the operation of the hospital, ancillary health |
|
|
care facilities, ancillary health care system, and hospital system; |
|
|
and |
|
|
(2) the duties, functions, and responsibilities of |
|
|
district staff, employees, contractors, or agents. (Acts 71st |
|
|
Leg., R.S., Ch. 77, Sec. 5.04.) |
|
|
Sec.1045.105.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. (Acts 71st Leg., R.S., Ch. 77, Sec. 5.05.) |
|
|
Sec.1045.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
|
district may operate or provide for the operation of a mobile |
|
|
emergency medical service. (Acts 71st Leg., R.S., Ch. 77, Sec. 5.02 |
|
|
(part).) |
|
|
Sec. 1045.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location, either inside or outside the district, of facilities |
|
|
required to maintain an adequate hospital system and ancillary |
|
|
health care system and the type of equipment necessary for hospital |
|
|
care and ancillary health care services, including: |
|
|
(1) domiciliary care and treatment of sick or injured |
|
|
patients; |
|
|
(2) geriatric services; |
|
|
(3) outpatient clinics; |
|
|
(4) rural health clinics; |
|
|
(5) convalescent home facilities; |
|
|
(6) physician's offices; |
|
|
(7) home health services; |
|
|
(8) durable medical equipment; |
|
|
(9) long-term care; |
|
|
(10) skilled nursing care; |
|
|
(11) intermediate nursing care; |
|
|
(12) hospice care; |
|
|
(13) ambulatory surgery centers; |
|
|
(14) urgent care facilities; |
|
|
(15) operation of a mobile emergency medical service; |
|
|
and |
|
|
(16) any other facility or equipment the board |
|
|
considers necessary for the delivery of hospital, medical, and |
|
|
ancillary health care services. |
|
|
(b) The board may: |
|
|
(1) acquire by lease, purchase, or lease to purchase |
|
|
property, including facilities, supplies, and equipment, for the |
|
|
district for use in the hospital system and ancillary health care |
|
|
system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease or sell all or part of the hospital |
|
|
facilities or ancillary health care facilities for the district. |
|
|
(d) The board may lease, sell, or otherwise dispose of all |
|
|
or part of the district's property for the district, including |
|
|
facilities, supplies, or equipment, to a public or private entity. |
|
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 5.06.) |
|
|
Sec.1045.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of 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 the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
|
5.09.) |
|
|
Sec.1045.109.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 must bear |
|
|
the actual cost of relocating, raising, lowering, rerouting, |
|
|
changing the grade, or altering the construction to provide |
|
|
comparable replacement without enhancement of facilities, after |
|
|
deducting the net salvage value derived from the old facility. |
|
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 5.10.) |
|
|
Sec.1045.110.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 written direction, limitation, or provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
authority and proper management of the district. (Acts 71st Leg., |
|
|
R.S., Ch. 77, Sec. 5.14.) |
|
|
Sec.1045.111.GENERAL CONTRACT POWER. The board may |
|
|
contract for the district. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
|
5.07(a).) |
|
|
Sec.1045.112.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code, or other applicable law. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
|
5.07(b).) |
|
|
Sec.1045.113.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract for the |
|
|
district with one or more public or private entities relating to a |
|
|
hospital or ancillary health care facility or service. (Acts 71st |
|
|
Leg., R.S., Ch. 77, Sec. 5.08.) |
|
|
Sec. 1045.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CERTAIN SERVICES. The board may contract with a political |
|
|
subdivision of this state, a state, the federal government, an |
|
|
agency or political subdivision of those public entities, or a |
|
|
charitable or other private entity for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants or of persons for whom the public or private |
|
|
entity has an obligation to provide care. (Acts 71st Leg., R.S., |
|
|
Ch. 77, Sec. 5.13.) |
|
|
Sec.1045.115.JOINT OWNERSHIP ARRANGEMENT. (a) The board |
|
|
may enter into a joint ownership arrangement for the district with |
|
|
one or more public or private entities for: |
|
|
(1) the provision of management or operating services; |
|
|
and |
|
|
(2) the ownership of all or part of real property, |
|
|
facilities, equipment, or supplies. |
|
|
(b) Before the board enters into the arrangement, the board |
|
|
must determine that the arrangement is: |
|
|
(1) in the district's best interest; and |
|
|
(2) for a public purpose of the district. (Acts 71st |
|
|
Leg., R.S., Ch. 77, Sec. 5.19.) |
|
|
Sec.1045.116.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient is admitted 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) The district without charge shall provide to a patient |
|
|
who resides in the district the care and treatment that the patient |
|
|
or a relative of the patient who is legally responsible for the |
|
|
patient's support cannot pay. |
|
|
(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 individual'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 who |
|
|
was legally responsible for the patient's support in the manner |
|
|
provided by law for collection of expenses of the last illness of a |
|
|
deceased person. |
|
|
(e) If there is a dispute relating to an individual's |
|
|
ability to pay or if the district administrator has any doubt |
|
|
concerning an individual's ability to pay, the board shall: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(f) The final order of the board may be appealed to a |
|
|
district court in Hutchinson County. The substantial evidence rule |
|
|
applies to the appeal. (Acts 71st Leg., R.S., Ch. 77, Secs. |
|
|
5.11(a), (c), (d), (e), (f).) |
|
|
Sec.1045.117.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person of that county, |
|
|
municipality, or public hospital as provided by Chapter 61, Health |
|
|
and Safety Code. |
|
|
(b) The board shall require the sheriff of Hutchinson County |
|
|
or the police chief of a municipality in Hutchinson County to |
|
|
reimburse the district for the district's care and treatment of a |
|
|
person who is confined in a jail facility of Hutchinson County or |
|
|
the municipality and is not a resident of the district. |
|
|
(c) The board may contract with this or another state, the |
|
|
federal government, or an agency or political subdivision of this |
|
|
or another state or of the federal government to reimburse the |
|
|
district for the care and treatment of a sick or injured person. |
|
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 5.12.) |
|
|
Sec.1045.118.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
|
Ch. 77, Sec. 5.15.) |
|
|
[Sections 1045.119-1045.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1045.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
|
R.S., Ch. 77, Sec. 6.04.) |
|
|
Sec.1045.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes in the proposed |
|
|
budget that the board considers proper to provide adequate care and |
|
|
treatment at a district hospital or ancillary health care facility. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.05.) |
|
|
Sec.1045.153.AMENDMENTS TO BUDGET. After the annual |
|
|
budget is adopted, the budget may be amended on the board's |
|
|
approval. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.06.) |
|
|
Sec.1045.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.07.) |
|
|
Sec.1045.155.FISCAL YEAR. The district operates on the |
|
|
fiscal year established by the board. (Acts 71st Leg., R.S., Ch. |
|
|
77, Sec. 6.01.) |
|
|
Sec.1045.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial records, accounts, and |
|
|
transactions. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.02.) |
|
|
Sec. 1045.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records are open to |
|
|
inspection during regular business hours at the district's |
|
|
principal office. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.03.) |
|
|
Sec.1045.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator or |
|
|
other district agent responsible for the district's financial |
|
|
affairs shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 6.08.) |
|
|
Sec.1045.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1045.160(b) 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 power of the board to |
|
|
place a part of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank or |
|
|
purchase a certificate of deposit from a bank in an amount that |
|
|
exceeds the maximum amount secured by the Federal Deposit Insurance |
|
|
Corporation unless the bank first executes a bond or provides other |
|
|
collateral eligible to secure a public deposit in an amount |
|
|
sufficient to secure from loss the district money that exceeds the |
|
|
amount secured by the Federal Deposit Insurance Corporation. (Acts |
|
|
71st Leg., R.S., Ch. 77, Sec. 6.10.) |
|
|
Sec.1045.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Sections 1045.112, 1045.202, 1045.205, and |
|
|
1045.206, the district may not incur a debt payable from district |
|
|
revenue other than the revenue on hand or to be on hand in the |
|
|
current and immediately following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves in: |
|
|
(1) funds or securities specified by Chapter 2256, |
|
|
Government Code; or |
|
|
(2) any other investment vehicle or fund if the board |
|
|
determines that investing the reserves in that vehicle or fund: |
|
|
(A) is in the district's best interest; and |
|
|
(B) does not violate the Texas Constitution. |
|
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 6.09.) |
|
|
Sec.1045.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money for district operating expenses in an |
|
|
amount not to exceed the amount of tax or other revenue the district |
|
|
expects to receive during the fiscal year in which the money is |
|
|
borrowed. |
|
|
(b) To repay the debt, the board may pledge all or part of |
|
|
the tax or other revenue received during the fiscal year in which |
|
|
the board borrows money under this section. (Acts 71st Leg., R.S., |
|
|
Ch. 77, Sec. 5.18.) |
|
|
[Sections 1045.162-1045.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1045.201.OBLIGATIONS AND CREDIT AGREEMENTS. The |
|
|
district may issue, sell, and deliver obligations and execute |
|
|
credit agreements as provided by Chapters 1201 and 1371, Government |
|
|
Code. (Acts 71st Leg., R.S., Ch. 77, Sec. 7.07.) |
|
|
Sec.1045.202.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds authorized by an election |
|
|
in the name and on the faith and credit of the district to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate buildings, facilities, equipment, or improvements for |
|
|
hospital purposes, including facilities and improvements |
|
|
incidental and beneficial to operating and maintaining hospitals |
|
|
and ancillary facilities that provide medical and ancillary health |
|
|
care services and treatment; or |
|
|
(2) acquire and operate a mobile emergency medical |
|
|
service. (Acts 71st Leg., R.S., Ch. 77, Sec. 7.01.) |
|
|
Sec.1045.203.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1045.202, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 77, Sec. 7.02.) |
|
|
Sec.1045.204.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 7.03.) |
|
|
Sec.1045.205.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate buildings or improvements for hospital and ancillary |
|
|
health care purposes; |
|
|
(2) acquire sites to be used for hospital and |
|
|
ancillary health care purposes; or |
|
|
(3) acquire and operate a mobile emergency medical |
|
|
service to assist the district in carrying out its hospital and |
|
|
ancillary health care purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority, |
|
|
or in accordance with other laws relating to the issuance of revenue |
|
|
bonds by a hospital district. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
|
7.04.) |
|
|
Sec.1045.206.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding bonds issued or assumed by |
|
|
the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the bonds to be refunded; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
|
Leg., R.S., Ch. 77, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1045.207.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
71st Leg., R.S., Ch. 77, Sec. 7.06 (part).) |
|
|
Sec.1045.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
|
Leg., R.S., Ch. 77, Sec. 7.11 (part).) |
|
|
[Sections 1045.209-1045.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1045.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
|
Leg., R.S., Ch. 77, Secs. 8.01(a) (part), (c), (d), 8.03(b).) |
|
|
Sec.1045.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 71st |
|
|
Leg., R.S., Ch. 77, Secs. 8.01(a) (part), (b), 8.04 (part).) |
|
|
Sec.1045.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
|
The board may order an election to increase the district's maximum |
|
|
ad valorem tax rate to a rate of not more than 75 cents on each $100 |
|
|
valuation of the taxable property in the district. The board shall |
|
|
order an election if the board receives a petition requesting an |
|
|
election that is signed by at least 50 qualified voters of the |
|
|
district. |
|
|
(b) The ballot for the election shall be printed to permit |
|
|
voting for or against the proposition: "The imposition of annual |
|
|
taxes by the district for hospital purposes at a rate not to exceed |
|
|
_____ (insert amount not to exceed 75 cents) cents on the $100 |
|
|
valuation of all taxable property in the district." |
|
|
(c) If the board finds that the election results favor the |
|
|
proposition, the board may impose taxes as authorized by the |
|
|
proposition. If the board finds that the election results do not |
|
|
favor the proposition, another election on the question of raising |
|
|
the district's maximum tax rate may not be held before the first |
|
|
anniversary of the date of the most recent election at which voters |
|
|
disapproved the proposition. |
|
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. 77, |
|
|
Secs. 8.02(a), (b) (part), (c) (part), (d) (part).) |
|
|
Sec.1045.254.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
|
8.05(b).) |
|
|
CHAPTER 1046. JACKSON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1046.001. DEFINITIONS |
|
|
Sec. 1046.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1046.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1046.004. DISTRICT TERRITORY |
|
|
Sec. 1046.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1046.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
Sec. 1046.007. ELECTION DATE |
|
|
[Sections 1046.008-1046.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1046.051. BOARD ELECTION; TERM |
|
|
Sec. 1046.052. NOTICE OF ELECTION |
|
|
Sec. 1046.053. FORM OF BALLOT AT RUNOFF ELECTION |
|
|
Sec. 1046.054. MODIFICATION OF TERM |
|
|
Sec. 1046.055. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1046.056. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1046.057. BOARD VACANCY |
|
|
Sec. 1046.058. OFFICERS |
|
|
Sec. 1046.059. COMPENSATION; EXPENSES |
|
|
Sec. 1046.060. VOTING REQUIREMENT |
|
|
Sec. 1046.061. ADMINISTRATOR FOR EACH DISTRICT |
|
|
HOSPITAL |
|
|
Sec. 1046.062. APPOINTMENT AND REMOVAL OF STAFF AND |
|
|
EMPLOYEES |
|
|
Sec. 1046.063. ATTORNEY; ASSISTANT HOSPITAL |
|
|
ADMINISTRATOR |
|
|
Sec. 1046.064. GENERAL DUTIES OF ADMINISTRATOR |
|
|
Sec. 1046.065. RETIREMENT BENEFITS |
|
|
Sec. 1046.066. SEAL |
|
|
[Sections 1046.067-1046.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1046.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1046.102. BOARD RESPONSIBILITY |
|
|
Sec. 1046.103. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1046.104. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1046.105. HOSPITAL SYSTEM |
|
|
Sec. 1046.106. RULES |
|
|
Sec. 1046.107. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1046.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1046.109. EMINENT DOMAIN |
|
|
Sec. 1046.110. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1046.111. GIFTS AND ENDOWMENTS |
|
|
Sec. 1046.112. CONSTRUCTION CONTRACTS |
|
|
Sec. 1046.113. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1046.114. CONTRACT IN NAME OF DISTRICT |
|
|
Sec. 1046.115. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1046.116. PROVISION OF SERVICES OUTSIDE DISTRICT |
|
|
Sec. 1046.117. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1046.118. LEASES |
|
|
Sec. 1046.119. AUTHORITY TO SELL OR CLOSE CERTAIN |
|
|
DISTRICT HOSPITALS |
|
|
Sec. 1046.120. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1046.121. AUTHORITY TO SUE AND BE SUED |
|
|
Sec. 1046.122. RECOMMENDATION OF LEGISLATION; NOTICE |
|
|
[Sections 1046.123-1046.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1046.151. BUDGET |
|
|
Sec. 1046.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1046.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1046.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1046.155. FISCAL YEAR |
|
|
Sec. 1046.156. ANNUAL AUDIT |
|
|
Sec. 1046.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1046.158. FINANCIAL REPORT |
|
|
Sec. 1046.159. DEPOSITORY |
|
|
Sec. 1046.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1046.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1046.162-1046.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1046.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1046.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1046.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1046.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1046.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1046.206. REVENUE BONDS |
|
|
Sec. 1046.207. REFUNDING BONDS |
|
|
Sec. 1046.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1046.209-1046.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1046.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1046.252. TAX RATE |
|
|
Sec. 1046.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1046.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1046. JACKSON COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1046.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Jackson County Hospital |
|
|
District. (New.) |
|
|
Sec.1046.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is administered and financed in accordance with |
|
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
|
powers, and duties provided by this chapter. (Acts 66th Leg., R.S., |
|
|
Ch. 275, Sec. 1 (part).) |
|
|
Sec.1046.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 66th Leg., R.S., Ch. 275, Sec. 23 (part).) |
|
|
Sec.1046.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Jackson County. |
|
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 1 (part).) |
|
|
Sec. 1046.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Sec. 22 (part).) |
|
|
Sec.1046.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 22 (part).) |
|
|
Sec.1046.007.ELECTION DATE. Section 41.001(a), Election |
|
|
Code, does not apply to an election held under this chapter. (Acts |
|
|
66th Leg., R.S., Ch. 275, Secs. 3(a) (part), 7(a) (part).) |
|
|
[Sections 1046.008-1046.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1046.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of nine directors elected from the district by position as |
|
|
follows: |
|
|
(1) two directors from each commissioners precinct; |
|
|
and |
|
|
(2) one director from the district at large. |
|
|
(b) To be elected, a candidate must receive a majority of |
|
|
the votes cast in the election for that position. |
|
|
(c) The board shall declare the results of a district |
|
|
election. |
|
|
(d) Unless different terms are established under Section |
|
|
1046.054, directors serve staggered two-year terms as follows: |
|
|
(1) directors elected to even-numbered positions are |
|
|
elected in even-numbered years; and |
|
|
(2) directors elected to odd-numbered positions and |
|
|
the director elected at large are elected in odd-numbered years. |
|
|
(Acts 66th Leg., R.S., Ch. 275, Secs. 4(d) (part), (e) (part).) |
|
|
Sec.1046.052.NOTICE OF ELECTION. (a) Except as provided |
|
|
by Subsection (b), at least 30 days before the date of an election |
|
|
of directors, the board shall publish notice of the election one |
|
|
time in a newspaper or newspapers that individually or collectively |
|
|
have general circulation in the district. |
|
|
(b) At least seven days before the date of a runoff election |
|
|
of directors, the board shall publish notice of the election one |
|
|
time in a newspaper or newspapers that individually or collectively |
|
|
have general circulation in the area of the runoff election. (Acts |
|
|
66th Leg., R.S., Ch. 275, Secs. 4(d) (part), (e) (part).) |
|
|
Sec.1046.053.FORM OF BALLOT AT RUNOFF ELECTION. Of the |
|
|
names printed on the ballot at a runoff election, the name of the |
|
|
candidate who received the higher number of votes at the general |
|
|
election of directors must be printed first on the ballot. (Acts |
|
|
66th Leg., R.S., Ch. 275, Sec. 4(d) (part).) |
|
|
Sec.1046.054.MODIFICATION OF TERM. (a) Notwithstanding |
|
|
Section 1046.051, the board, on its own motion, may order that |
|
|
directors serve staggered three-year or four-year terms. After an |
|
|
initial change under this section from staggered two-year terms, |
|
|
the board may not change the terms again. |
|
|
(b) If the board orders four-year terms, the directors are |
|
|
to be elected in accordance with Section 285.081, Health and Safety |
|
|
Code. |
|
|
(c) If the board orders staggered three-year terms, |
|
|
directors are to be elected as follows: |
|
|
(1) if the first election that occurs at least 120 days |
|
|
after the date the order is entered is an election in an |
|
|
even-numbered year: |
|
|
(A) the four directors elected at that election |
|
|
shall draw lots to determine the three directors that serve |
|
|
three-year terms and the director that serves a two-year term; |
|
|
(B) the at-large director elected at the first |
|
|
odd-numbered year election after the order is entered serves a |
|
|
three-year term; and |
|
|
(C) the four other directors elected at the first |
|
|
odd-numbered year election after the order is entered shall draw |
|
|
lots to determine which two directors serve three-year terms and |
|
|
which two directors serve one-year terms; and |
|
|
(2) if the first election that occurs at least 120 days |
|
|
after the date the order is entered is an election in an |
|
|
odd-numbered year: |
|
|
(A) the at-large director elected at that |
|
|
election serves a three-year term; |
|
|
(B) the four other directors elected at that |
|
|
election shall draw lots to determine the two directors that serve |
|
|
three-year terms and the two directors that serve two-year terms; |
|
|
and |
|
|
(C) the four directors elected at the first |
|
|
even-numbered year election after the order is entered shall draw |
|
|
lots to determine which three directors serve three-year terms and |
|
|
which director serves a one-year term. (Acts 66th Leg., R.S., Ch. |
|
|
275, Sec. 4A.) |
|
|
Sec.1046.055.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A director elected or appointed to represent a |
|
|
commissioners precinct must be a resident of that commissioners |
|
|
precinct. Failure of the director to maintain residence in the |
|
|
commissioners precinct is a ground for removal from office in the |
|
|
manner provided by law for removal of county officers. |
|
|
(c) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) an administrator for the district or a district |
|
|
hospital; |
|
|
(2) the attorney for the district; or |
|
|
(3) a district employee. (Acts 66th Leg., R.S., Ch. |
|
|
275, Sec. 4(f).) |
|
|
Sec. 1046.056. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) As soon as practicable after a director is elected |
|
|
or appointed, the director shall execute a bond for $5,000 that is: |
|
|
(1) approved by the board; |
|
|
(2) payable to the district; and |
|
|
(3) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district may pay for a director's bond with district |
|
|
money. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be filed with the board and retained in |
|
|
the board's records. (Acts 66th Leg., R.S., Ch. 275, Secs. 19(i), |
|
|
(j), (l).) |
|
|
Sec.1046.057.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 66th Leg., R.S., Ch. 275, |
|
|
Sec. 4(e) (part).) |
|
|
Sec.1046.058.OFFICERS. (a) The board shall elect a |
|
|
president, vice president, and secretary from among its members. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board may require an officer to execute a bond that |
|
|
is payable to the district and conditioned on the faithful |
|
|
performance of the officer's duties. The board may pay for the bond |
|
|
with district money. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 66th Leg., R.S., Ch. 275, Secs. 4(g) (part), |
|
|
19(d) (part).) |
|
|
Sec.1046.059.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for travel or other |
|
|
expenses incurred on the district's behalf if: |
|
|
(1) the director presents a verified statement; and |
|
|
(2) the board approves the expenses. (Acts 66th Leg., |
|
|
R.S., Ch. 275, Sec. 19(h).) |
|
|
Sec.1046.060.VOTING REQUIREMENT. Except as provided by |
|
|
Sections 1046.119 and 1046.122, a concurrence of five directors is |
|
|
required in any matter relating to district business. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Sec. 4(g) (part).) |
|
|
Sec.1046.061.ADMINISTRATOR FOR EACH DISTRICT HOSPITAL. |
|
|
(a) The board may appoint a qualified administrator for each |
|
|
district hospital. |
|
|
(b) An administrator serves at the will of the board and is |
|
|
entitled to the compensation determined by the board. |
|
|
(c) On assuming the duties of an administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 5 (part).) |
|
|
Sec. 1046.062. APPOINTMENT AND REMOVAL OF STAFF AND |
|
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
|
board considers necessary for the efficient operation of the |
|
|
district and may make temporary appointments as necessary. |
|
|
(b) The board shall employ or contract with persons the |
|
|
board considers necessary or advisable to conduct district affairs, |
|
|
including a hospital administrator for the district or for each |
|
|
facility and nurses, medical technicians, engineers, architects, |
|
|
attorneys, financial advisors, accountants, fiscal agents, |
|
|
bookkeepers, auditors, and secretaries. |
|
|
(c) The board shall determine the powers, duties, term of |
|
|
employment, and compensation of all employees and consultants by |
|
|
contract or by resolution or order of the board. The board may |
|
|
terminate the employment of any district employee. |
|
|
(d) The board may delegate to an administrator the authority |
|
|
to hire and discharge district or hospital employees, including |
|
|
doctors, nurses, and technicians, or to appoint and remove staff |
|
|
doctors under bylaws and rules. |
|
|
(e) The board may require any employee to execute a bond |
|
|
payable to the district and conditioned on the faithful performance |
|
|
of the employee's duties. The board may pay for the bond with |
|
|
district money. (Acts 66th Leg., R.S., Ch. 275, Secs. 5 (part), |
|
|
18(c) (part), 19(a) (part), (b), (c), (d) (part).) |
|
|
Sec.1046.063.ATTORNEY; ASSISTANT HOSPITAL ADMINISTRATOR. |
|
|
(a) The board may appoint: |
|
|
(1) an attorney for the district; and |
|
|
(2) a qualified assistant administrator for each |
|
|
district hospital. |
|
|
(b) The attorney for the district and an assistant hospital |
|
|
administrator serve at the will of the board and shall receive the |
|
|
compensation determined by the board. (Acts 66th Leg., R.S., Ch. |
|
|
275, Sec. 5 (part).) |
|
|
Sec.1046.064.GENERAL DUTIES OF ADMINISTRATOR. (a) The |
|
|
board may delegate to the administrator for the district or the |
|
|
administrators for each district hospital the power to manage and |
|
|
operate all or any part of the hospital system. |
|
|
(b) Subject to the limitations prescribed by the board, the |
|
|
administrator for each district hospital shall: |
|
|
(1) supervise the work and activities of the hospital; |
|
|
and |
|
|
(2) direct the affairs of the hospital. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Secs. 5 (part), 18(c) (part).) |
|
|
Sec.1046.065.RETIREMENT BENEFITS. The district may |
|
|
provide retirement benefits for district employees by: |
|
|
(1) creating and administering a public retirement |
|
|
system for the district; |
|
|
(2) participating in the Texas County and District |
|
|
Retirement System; or |
|
|
(3) purchasing annuity contracts from an insurer or |
|
|
annuity company authorized to engage in business in this state. |
|
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 15 (part).) |
|
|
Sec.1046.066.SEAL. The board shall adopt a seal for the |
|
|
district. (Acts 66th Leg., R.S., Ch. 275, Sec. 19(g).) |
|
|
[Sections 1046.067-1046.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1046.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 66th Leg., R.S., Ch. 275, Sec. |
|
|
20 (part).) |
|
|
Sec.1046.102.BOARD RESPONSIBILITY. The board shall |
|
|
provide for the administration, maintenance, and operation of a |
|
|
hospital transferred to the district to furnish adequate medical |
|
|
and hospital care in the district and to ensure that the hospital is |
|
|
provided with sufficient money, personnel, and equipment for |
|
|
district residents to have access to quality and competent health |
|
|
facilities. (Acts 66th Leg., R.S., Ch. 275, Sec. 20 (part).) |
|
|
Sec. 1046.103. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision other than the district |
|
|
may not impose a tax or issue bonds or other obligations for |
|
|
hospital purposes or to provide medical care in the district. (Acts |
|
|
66th Leg., R.S., Ch. 275, Sec. 20 (part).) |
|
|
Sec.1046.104.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall: |
|
|
(1) manage and control all district affairs; and |
|
|
(2) manage, control, and administer the hospital |
|
|
system and the district's money and resources. (Acts 66th Leg., |
|
|
R.S., Ch. 275, Secs. 5 (part), 19(a) (part).) |
|
|
Sec.1046.105.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping for hospital and medical care purposes; |
|
|
and |
|
|
(3) administering the system for hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) domiciliary care and treatment of the sick, |
|
|
injured, or geriatric; |
|
|
(2) outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses; |
|
|
(6) domiciliaries and training centers; |
|
|
(7) blood banks; |
|
|
(8) community health centers; |
|
|
(9) research centers or laboratories; and |
|
|
(10) any other facilities the board considers |
|
|
necessary for hospital and medical care. (Acts 66th Leg., R.S., Ch. |
|
|
275, Secs. 2, 18(a) (part), 20 (part).) |
|
|
Sec.1046.106.RULES. (a) The board may adopt rules |
|
|
governing the operation of the hospital, the hospital system, and |
|
|
the district's staff and employees. |
|
|
(b) The board shall adopt reasonable and necessary rules and |
|
|
bylaws to govern: |
|
|
(1) the board's proceedings and activities; and |
|
|
(2) the hospitals or the hospital or medical system. |
|
|
(Acts 66th Leg., R.S., Ch. 275, Secs. 5 (part), 19(e).) |
|
|
Sec.1046.107.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Sec. 9(b) (part).) |
|
|
Sec. 1046.108. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may purchase all necessary materials, |
|
|
supplies, equipment, and vehicles. |
|
|
(c) The district may: |
|
|
(1) acquire equipment for use in the district's |
|
|
hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(d) Except as provided by Section 1046.119, the district may |
|
|
sell or otherwise dispose of any property, including equipment, on |
|
|
terms the board finds are in the best interest of the district's |
|
|
inhabitants. (Acts 66th Leg., R.S., Ch. 275, Secs. 9(a) (part), (b) |
|
|
(part), 18(a) (part), 19(f).) |
|
|
Sec.1046.109.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 66th Leg., R.S., Ch. 275, Sec. |
|
|
13(a).) |
|
|
Sec.1046.110.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of any railroad, electric transmission, |
|
|
telegraph or telephone line, conduit, pole, or facility, or |
|
|
pipeline, the district must bear the actual cost of relocating, |
|
|
raising, lowering, rerouting, changing the grade, or altering the |
|
|
construction to provide comparable replacement without enhancement |
|
|
of facilities, after deducting the net salvage value derived from |
|
|
the old facility. (Acts 66th Leg., R.S., Ch. 275, Sec. 13(b).) |
|
|
Sec.1046.111.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust for the |
|
|
purposes and under the directions, limitations, or other provisions |
|
|
prescribed in writing by the donor that are consistent with the |
|
|
proper management and objectives of the district. (Acts 66th Leg., |
|
|
R.S., Ch. 275, Sec. 17.) |
|
|
Sec.1046.112.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of more than $10,000 may be |
|
|
made only after advertising in the manner provided by Subchapter B, |
|
|
Chapter 271, Local Government Code. (Acts 66th Leg., R.S., Ch. 275, |
|
|
Sec. 9(b) (part).) |
|
|
Sec.1046.113.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district hospital or the hospital system. (Acts 66th Leg., |
|
|
R.S., Ch. 275, Sec. 18(c) (part).) |
|
|
Sec.1046.114.CONTRACT IN NAME OF DISTRICT. The district |
|
|
shall contract in the name of the district. (Acts 66th Leg., R.S., |
|
|
Ch. 275, Sec. 19(a) (part).) |
|
|
Sec. 1046.115. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries to |
|
|
reimburse the district for the care and treatment of a sick or |
|
|
injured person of that county or municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for reimbursement for the treatment of a sick or injured |
|
|
person. (Acts 66th Leg., R.S., Ch. 275, Sec. 5 (part).) |
|
|
Sec.1046.116.PROVISION OF SERVICES OUTSIDE DISTRICT. The |
|
|
district may provide health care services outside the district's |
|
|
boundaries provided that the services serve the purposes of the |
|
|
district. (Acts 66th Leg., R.S., Ch. 275, Sec. 5 (part).) |
|
|
Sec. 1046.117. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district |
|
|
to provide investigatory or other services as to facilities for |
|
|
the medical care, hospital, or welfare needs of district |
|
|
inhabitants. (Acts 66th Leg., R.S., Ch. 275, Sec. 5 (part).) |
|
|
Sec.1046.118.LEASES. (a) The board may lease all or part |
|
|
of the facilities comprising the hospitals or hospital system on |
|
|
terms the board considers to be in the district's best interest. |
|
|
(b) When leasing a facility, the board may delegate as it |
|
|
considers appropriate the board's power to manage, control, and |
|
|
administer the leased facilities to furnish hospital and medical |
|
|
care. |
|
|
(c) For each leased facility, the lease must require the |
|
|
lessee to charge rates for services rendered or goods provided at |
|
|
the leased premises that, together with other sources of the |
|
|
lessee's revenue, produce an amount sufficient to enable the lessee |
|
|
to pay the expenses of operating and maintaining the leased |
|
|
premises required of the lessee under the lease. The lease must |
|
|
also require the lessee to pay lease rentals to the district that |
|
|
will be sufficient when taken with any other sources of the |
|
|
district's estimated revenue that are pledged for the same purposes |
|
|
to: |
|
|
(1) pay the interest on any revenue or special |
|
|
obligation bonds that are payable wholly or partly from the lease |
|
|
rentals; |
|
|
(2) create and maintain a sinking fund to pay the |
|
|
principal of and premium, if any, on the bonds as they become due; |
|
|
(3) create and maintain a bond reserve fund and any |
|
|
other fund provided for in the bond order, resolution, or trust |
|
|
indenture authorizing the issuance of the bonds; and |
|
|
(4) pay all other charges, fees, costs, and expenses |
|
|
the lessee is required to pay under the resolution or indenture. |
|
|
(d) The lease, management agreement, bond resolution, or |
|
|
trust indenture may prescribe systems, methods, routines, |
|
|
procedures, and policies for the operation of the facilities owned |
|
|
by the district. |
|
|
(e) A lease of a district hospital must require the lessee |
|
|
to operate the hospital in a manner that complies with the |
|
|
requirements of this chapter that would apply to the board if the |
|
|
board were operating the hospital. (Acts 66th Leg., R.S., Ch. 275, |
|
|
Sec. 18(d) (part).) |
|
|
Sec. 1046.119. AUTHORITY TO SELL OR CLOSE CERTAIN DISTRICT |
|
|
HOSPITALS. (a) The board may not sell or close a hospital |
|
|
transferred to the district by the Edna Hospital District unless |
|
|
the sale or closing is approved by a two-thirds majority vote of the |
|
|
district voters voting at an election held for that purpose. A |
|
|
concurrence of seven directors is required to call the election. |
|
|
(b) The board may not call another election before the first |
|
|
anniversary of the date of a previous election held under this |
|
|
section. (Acts 66th Leg., R.S., Ch. 275, Secs. 4(g) (part), 9(a) |
|
|
(part).) |
|
|
Sec.1046.120.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the administrator for the hospital to which the patient |
|
|
is admitted may have an inquiry made into the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the administrator determines that the patient or |
|
|
those relatives cannot pay all or part of the costs of the care and |
|
|
treatment in the hospital, the amount of the costs that cannot be |
|
|
paid becomes a charge against the district. |
|
|
(c) If the administrator determines that the patient or |
|
|
those relatives can pay for all or part of the costs of the |
|
|
patient's care and treatment, the patient or those relatives shall |
|
|
be ordered to pay the district a specified amount each week for the |
|
|
patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The administrator may collect the amount from the |
|
|
patient's estate, or from any relative who is legally liable for the |
|
|
patient's support, in the manner provided by law for the collection |
|
|
of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the administrator, the board shall hold a hearing |
|
|
and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue a final order. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 66th Leg., R.S., Ch. 275, Sec. 16.) |
|
|
Sec.1046.121.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch. |
|
|
275, Sec. 5 (part).) |
|
|
Sec.1046.122.RECOMMENDATION OF LEGISLATION; NOTICE. (a) |
|
|
The board may not recommend to the legislature legislation to amend |
|
|
this chapter unless the recommendation is approved by a concurrence |
|
|
of seven directors. |
|
|
(b) The board shall give notice of the date, hour, place, |
|
|
and subject of a meeting at which the recommendation of legislation |
|
|
will be discussed in accordance with the open meetings law, Chapter |
|
|
551, Government Code, except that the board shall furnish to the |
|
|
county clerk the notice required by Section 551.054, Government |
|
|
Code, at least 30 days before the date of the meeting. |
|
|
(c) The notice must be published in a newspaper of general |
|
|
circulation in the district once a week for four weeks. The first |
|
|
publication must occur at least 30 days before the date of the |
|
|
meeting. (Acts 66th Leg., R.S., Ch. 275, Secs. 4(g) (part), 21.) |
|
|
[Sections 1046.123-1046.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1046.151.BUDGET. (a) Each administrator shall |
|
|
prepare an annual budget for each hospital for which that person is |
|
|
the administrator. The board shall combine these budgets into a |
|
|
single budget for the district. |
|
|
(b) The proposed budget for the district must contain a |
|
|
complete financial statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated amount of revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 66th Leg., |
|
|
R.S., Ch. 275, Sec. 6 (part).) |
|
|
Sec.1046.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published in a newspaper |
|
|
of general circulation in the district one time at least 10 days |
|
|
before the date of the hearing. |
|
|
(c) Any district resident or taxpayer 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 administrators. |
|
|
The board may make any changes in the proposed budget that the board |
|
|
judges to be in the interests of the taxpayers and that the law |
|
|
warrants. (Acts 66th Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
|
Sec.1046.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 66th Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
|
Sec.1046.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 66th Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
|
Sec.1046.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
|
Sec.1046.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
|
Sec. 1046.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection at the district's principal office. (Acts 66th Leg., |
|
|
R.S., Ch. 275, Sec. 6 (part).) |
|
|
Sec.1046.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the administrators shall |
|
|
prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 66th Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
|
Sec.1046.159.DEPOSITORY. (a) After advertising in the |
|
|
manner provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
|
Government Code, the board shall choose by competitive bidding one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1046.160(b), 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. |
|
|
(d) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 66th Leg., R.S., Ch. 275, |
|
|
Sec. 10.) |
|
|
Sec.1046.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1046.108(c), Section |
|
|
1046.161, and Subchapter E, the district may not incur an |
|
|
obligation payable from district revenue other than the revenue on |
|
|
hand or to be on hand in the current and following district fiscal |
|
|
years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 66th Leg., R.S., Ch. 275, Secs. 5 |
|
|
(part), 9(b) (part).) |
|
|
Sec.1046.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The district may incur a debt or borrow money on the credit of the |
|
|
district or secured by any source of revenue, including district |
|
|
taxes to be imposed in the next 12-month period, that is not pledged |
|
|
to pay the principal of or interest on district bonds. |
|
|
(b) The district may incur a debt or borrow money in any |
|
|
amount at a rate not to exceed the maximum annual percentage rate |
|
|
allowed by law for district obligations at the time the loan is made |
|
|
and on other terms the district considers advisable. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Sec. 8A.) |
|
|
[Sections 1046.162-1046.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1046.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligations bonds in the name and on the |
|
|
faith and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 66th Leg., R.S., Ch. 275, Sec. 7(a) (part).) |
|
|
Sec.1046.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1046.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 66th Leg., R.S., Ch. 275, Sec. 7(a) (part).) |
|
|
Sec.1046.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The board, in ordering a bond election, shall provide |
|
|
for clerks as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(d) The board shall declare the results of the election. |
|
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 7(a) (part).) |
|
|
Sec.1046.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 66th Leg., R.S., Ch. 275, |
|
|
Sec. 7(c) (part).) |
|
|
Sec.1046.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 66th Leg., |
|
|
R.S., Ch. 275, Sec. 7(c) (part).) |
|
|
Sec.1046.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
66th Leg., R.S., Ch. 275, Sec. 8 (part).) |
|
|
Sec.1046.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the bond applied to the |
|
|
payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Secs. 7(a) (part), (b) (part), 8 (part).) |
|
|
Sec.1046.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Sec. 23 (part).) |
|
|
[Sections 1046.209-1046.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1046.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The board may impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district, including improvements to district facilities. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Secs. 11(a) (part), 14(a) (part).) |
|
|
Sec.1046.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 66th |
|
|
Leg., R.S., Ch. 275, Secs. 3(b) (part), (c) (part), 11(a) (part), |
|
|
(b) (part).) |
|
|
Sec. 1046.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1046.254. |
|
|
(b) The tax assessor-collector of Jackson County shall |
|
|
assess and collect taxes imposed by the district. (Acts 66th Leg., |
|
|
R.S., Ch. 275, Secs. 14(a) (part), (b) (part).) |
|
|
Sec. 1046.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by a similar resolution. |
|
|
(b) The district tax assessor-collector must: |
|
|
(1) reside in the district; and |
|
|
(2) own real property subject to district taxation. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the term of employment; and |
|
|
(2) compensation. (Acts 66th Leg., R.S., Ch. 275, |
|
|
Secs. 14(a) (part), (c) (part).) |
|
|
CHAPTER 1047. JASPER HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1047.001. DEFINITIONS |
|
|
Sec. 1047.002. AUTHORITY FOR CREATION; JUDICIAL NOTICE |
|
|
Sec. 1047.003. NATURE OF DISTRICT |
|
|
Sec. 1047.004. DISTRICT TERRITORY |
|
|
[Sections 1047.005-1047.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1047.051. BOARD ELECTION; TERM |
|
|
Sec. 1047.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1047.053. OATH; BOND; RECORD OF BOND AND OATH |
|
|
Sec. 1047.054. BOARD VACANCY; SPECIAL ELECTION |
|
|
Sec. 1047.055. OFFICERS |
|
|
Sec. 1047.056. REMOVAL FROM OFFICE |
|
|
Sec. 1047.057. COMPENSATION; EXPENSES |
|
|
Sec. 1047.058. MEETINGS |
|
|
Sec. 1047.059. VOTING REQUIREMENT |
|
|
Sec. 1047.060. MAINTENANCE OF RECORDS |
|
|
Sec. 1047.061. EMPLOYEES |
|
|
[Sections 1047.062-1047.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1047.101. GENERAL POWERS |
|
|
Sec. 1047.102. HOSPITAL SYSTEM |
|
|
Sec. 1047.103. EMINENT DOMAIN |
|
|
Sec. 1047.104. GIFTS AND ENDOWMENTS |
|
|
Sec. 1047.105. CONTRACT IN NAME OF DISTRICT |
|
|
Sec. 1047.106. CONSTRUCTION CONTRACTS |
|
|
Sec. 1047.107. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1047.108-1047.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1047.151. BOOK OF ACCOUNTS; ANNUAL AUDIT |
|
|
Sec. 1047.152. DEPOSITORY |
|
|
Sec. 1047.153. PURCHASING AUTHORITY |
|
|
Sec. 1047.154. PAYMENT VOUCHERS |
|
|
[Sections 1047.155-1047.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1047.201. BONDS |
|
|
Sec. 1047.202. CANCELLATION OF BOND |
|
|
Sec. 1047.203. RECORD OF BOND ISSUANCE |
|
|
Sec. 1047.204. REFUNDING BONDS |
|
|
Sec. 1047.205. REGISTRATION OF REFUNDING BONDS |
|
|
Sec. 1047.206. TAX TO PAY REFUNDING BONDS |
|
|
Sec. 1047.207. BOND PROCEEDS |
|
|
Sec. 1047.208. BOND ELECTION EXPENSES |
|
|
[Sections 1047.209-1047.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1047.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1047.252. TAX RATE |
|
|
Sec. 1047.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1047.254-1047.300 reserved for expansion] |
|
|
SUBCHAPTER G. MERGER |
|
|
Sec. 1047.301. MERGER |
|
|
CHAPTER 1047. JASPER HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1047.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Jasper Hospital District. |
|
|
(Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part); New.) |
|
|
Sec.1047.002.AUTHORITY FOR CREATION; JUDICIAL NOTICE. |
|
|
(a) The district is created under Section 9, Article IX, Texas |
|
|
Constitution, and this chapter. |
|
|
(b) A court shall take judicial notice of the district's |
|
|
establishment. (Acts 58th Leg., R.S., Ch. 56, Secs. 1 (part), 14(a) |
|
|
(part).) |
|
|
Sec.1047.003.NATURE OF DISTRICT. The district is a |
|
|
governmental agency. (Acts 58th Leg., R.S., Ch. 56, Sec. 14(a) |
|
|
(part).) |
|
|
Sec.1047.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of County |
|
|
Commissioners Precincts 1 and 2 of Jasper County, as those |
|
|
boundaries existed on April 12, 1963. (Acts 58th Leg., R.S., Ch. |
|
|
56, Sec. 1 (part).) |
|
|
[Sections 1047.005-1047.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1047.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of nine directors elected from the district at large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code, directors serve two-year terms, |
|
|
with: |
|
|
(1) four directors elected in even-numbered years; and |
|
|
(2) five directors elected in odd-numbered years. |
|
|
(Acts 58th Leg., R.S., Ch. 56, Secs. 2(c) (part), 13(b).) |
|
|
Sec.1047.052.QUALIFICATIONS FOR OFFICE. A person may not |
|
|
be elected or appointed as a director unless the person: |
|
|
(1) is a district resident; |
|
|
(2) owns land in the district subject to taxation; and |
|
|
(3) is at least 18 years of age at the time of the |
|
|
election. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(a).) |
|
|
Sec.1047.053.OATH; BOND; RECORD OF BOND AND OATH. (a) |
|
|
Before undertaking any official duties, each director must take an |
|
|
oath to faithfully discharge the duties of office without favor or |
|
|
partiality. |
|
|
(b) Each director shall give a good and sufficient bond for |
|
|
$1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(c) Each director's oath shall be filed with the district |
|
|
secretary. (Acts 58th Leg., R.S., Ch. 56, Secs. 13(k) (part), (l).) |
|
|
Sec.1047.054.BOARD VACANCY; SPECIAL ELECTION. (a) If a |
|
|
vacancy occurs in the office of director, the remaining directors |
|
|
shall appoint a director for the unexpired term. |
|
|
(b) If the number of directors is reduced to fewer than six, |
|
|
the remaining directors shall call a special election to fill the |
|
|
vacancies. If the directors do not call the election within 15 days |
|
|
after the vacancies occur, the county judge of Jasper County, on |
|
|
petition of a county voter or creditor, shall: |
|
|
(1) order a special election; |
|
|
(2) set the election date; |
|
|
(3) order a county sheriff to publish notice of the |
|
|
election; and |
|
|
(4) name the officers to hold the election. |
|
|
(c) For an election ordered by the county judge: |
|
|
(1) the election returns shall be made to and filed |
|
|
with the county clerk's office; and |
|
|
(2) the county clerk shall declare the results. |
|
|
(d) Officers elected under this section shall furnish bond |
|
|
and qualify in the same manner as a director elected in a general |
|
|
election under this chapter. (Acts 58th Leg., R.S., Ch. 56, Sec. |
|
|
13(c) (part).) |
|
|
Sec.1047.055.OFFICERS. (a) The board shall elect from |
|
|
among its members a president and a secretary. |
|
|
(b) Each officer of the board serves until the next |
|
|
directors' election. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term by appointment. (Acts 58th Leg., R.S., Ch. 56, Secs. |
|
|
3 (part), 13(c) (part), (d) (part).) |
|
|
Sec.1047.056.REMOVAL FROM OFFICE. A director may be |
|
|
removed from office in the same manner and for the same causes as |
|
|
county officers under state law. (Acts 58th Leg., R.S., Ch. 56, |
|
|
Sec. 13(m).) |
|
|
Sec.1047.057.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but shall be reimbursed for actual expenses |
|
|
incurred in the performance of the director's duties under this |
|
|
chapter. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(n).) |
|
|
Sec.1047.058.MEETINGS. (a) The board shall: |
|
|
(1) meet at least once a month; and |
|
|
(2) hold special meetings as the board considers |
|
|
necessary. |
|
|
(b) A taxpayer, resident, or interested party: |
|
|
(1) may attend a board meeting but may not participate |
|
|
in a meeting without the consent of the board; and |
|
|
(2) may present any matter to the board in an orderly |
|
|
manner. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(e).) |
|
|
Sec.1047.059.VOTING REQUIREMENT. A concurrence of five |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(d) (part).) |
|
|
Sec.1047.060.MAINTENANCE OF RECORDS. (a) The board |
|
|
shall: |
|
|
(1) keep an account of all board meetings and |
|
|
proceedings; and |
|
|
(2) maintain in a safe place all district records and |
|
|
accounts, including all contracts, notices, duplicate vouchers, |
|
|
and duplicate receipts. |
|
|
(b) The information described by Subsection (a) shall be |
|
|
delivered to the board's successors in office. (Acts 58th Leg., |
|
|
R.S., Ch. 56, Sec. 13(f).) |
|
|
Sec.1047.061.EMPLOYEES. The board: |
|
|
(1) may employ a general manager or administrator, an |
|
|
attorney, a bookkeeper, and an architect; and |
|
|
(2) shall employ all other employees necessary for the |
|
|
proper handling and operation of the district. (Acts 58th Leg., |
|
|
R.S., Ch. 56, Sec. 13(i).) |
|
|
[Sections 1047.062-1047.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1047.101.GENERAL POWERS. (a) The board has full |
|
|
management and control of all district business. The board may |
|
|
negotiate and contract with any person to purchase or lease land, to |
|
|
construct and equip a hospital system, and to operate and maintain |
|
|
the hospital. |
|
|
(b) The district has the powers of government and the |
|
|
authority to exercise the rights, privileges, and functions |
|
|
concerning the purposes for which the district was created that are |
|
|
conferred by this chapter and any other law in this state from which |
|
|
the district is entitled to benefit. (Acts 58th Leg., R.S., Ch. 56, |
|
|
Secs. 3 (part), 14(b) (part).) |
|
|
Sec.1047.102.HOSPITAL SYSTEM. The district may contract |
|
|
for the purchase of land, for the hospital system, and for the |
|
|
construction of the hospital. (Acts 58th Leg., R.S., Ch. 56, Sec. |
|
|
14(b) (part).) |
|
|
Sec.1047.103.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 58th Leg., R.S., Ch. 56, Sec. 8.) |
|
|
Sec.1047.104.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust by the board |
|
|
for the purposes and under the directions, limitations, or other |
|
|
provisions prescribed in writing by the donor that are not |
|
|
inconsistent with the proper management and objectives of the |
|
|
district. (Acts 58th Leg., R.S., Ch. 56, Sec. 11.) |
|
|
Sec.1047.105.CONTRACT IN NAME OF DISTRICT. The district |
|
|
shall contract in the name of the district. (Acts 58th Leg., R.S., |
|
|
Ch. 56, Sec. 14(a) (part).) |
|
|
Sec.1047.106.CONSTRUCTION CONTRACTS. (a) A contract for |
|
|
making and constructing improvements authorized by this chapter and |
|
|
any necessary related work for which the cost exceeds $10,000 shall |
|
|
be awarded: |
|
|
(1) to the lowest responsible bidder who furnishes |
|
|
satisfactory evidence that the bidder possesses the equipment and |
|
|
facilities essential to properly perform the contract; and |
|
|
(2) after giving notice by: |
|
|
(A) advertising once a week for four weeks in one |
|
|
or more newspapers of general circulation in this state; and |
|
|
(B) posting a notice for at least 10 days at the |
|
|
courthouse door. |
|
|
(b) The contract must be in writing and be signed by the |
|
|
contractors and the directors. A copy of the signed contract shall |
|
|
be filed with the depository and is subject to inspection by all |
|
|
interested parties. |
|
|
(c) The contract shall be fulfilled in accordance with the |
|
|
specifications and under the supervision of the board and district |
|
|
agents. (Acts 58th Leg., R.S., Ch. 56, Secs. 6(a), (c).) |
|
|
Sec.1047.107.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued in the district's own name in |
|
|
any court of this state. (Acts 58th Leg., R.S., Ch. 56, Sec. 14(a) |
|
|
(part).) |
|
|
[Sections 1047.108-1047.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1047.151.BOOK OF ACCOUNTS; ANNUAL AUDIT. (a) The |
|
|
board shall have kept a complete book of accounts for the district. |
|
|
(b) On June 1 of each year, the board shall select a |
|
|
competent auditor to examine the accounts, books, and reports of |
|
|
the depository, the tax assessor-collector, and the board. |
|
|
(c) The auditor shall make a full report and file a copy of |
|
|
the report with the depository, the county clerk, and the board. |
|
|
(d) The report must state the purposes for which money from |
|
|
each fund was spent. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(h).) |
|
|
Sec.1047.152.DEPOSITORY. The board shall select a |
|
|
depository for the district in the manner provided by law for the |
|
|
selection of a county depository. The depository serves for two |
|
|
years until a successor is selected and qualified. (Acts 58th Leg., |
|
|
R.S., Ch. 56, Sec. 9.) |
|
|
Sec.1047.153.PURCHASING AUTHORITY. The board may |
|
|
purchase all necessary supplies, materials, and office equipment to |
|
|
meet the needs of the district. (Acts 58th Leg., R.S., Ch. 56, Sec. |
|
|
13(j).) |
|
|
Sec.1047.154.PAYMENT VOUCHERS. A voucher for the payment |
|
|
of district money shall be signed by at least two directors. (Acts |
|
|
58th Leg., R.S., Ch. 56, Sec. 13(g).) |
|
|
[Sections 1047.155-1047.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1047.201.BONDS. The district may issue bonds to: |
|
|
(1) purchase a site for, construct, and initially |
|
|
equip a hospital system; and |
|
|
(2) purchase, lease, acquire, equip, maintain, and |
|
|
operate a hospital system. (Acts 58th Leg., R.S., Ch. 56, Sec. 1 |
|
|
(part).) |
|
|
Sec.1047.202.CANCELLATION OF BOND. (a) On the payment of |
|
|
interest or for the redemption of district bonds, the depository |
|
|
shall receive and cancel any interest coupon paid or bond |
|
|
discharged. |
|
|
(b) When the interest coupon or bond is delivered to the |
|
|
board: |
|
|
(1) the account of the depository shall be credited |
|
|
with the amount of the coupon or bond; and |
|
|
(2) the coupon or bond shall be canceled and |
|
|
destroyed. (Acts 58th Leg., R.S., Ch. 56, Sec. 5(b).) |
|
|
Sec.1047.203.RECORD OF BOND ISSUANCE. (a) When bonds are |
|
|
issued, the board shall procure and deliver to the county treasurer |
|
|
a well-bound book containing a list of the following information |
|
|
for all bonds: |
|
|
(1) manner of payment; |
|
|
(2) amount of the bonds; |
|
|
(3) rate of interest; |
|
|
(4) date of issuance; |
|
|
(5) due date; |
|
|
(6) location where payable; |
|
|
(7) amount received for the bonds; and |
|
|
(8) the tax imposed to pay the interest on and redeem |
|
|
the bonds. |
|
|
(b) The book described by Subsection (a) shall be open to |
|
|
inspection at all times to taxpayers or bondholders. |
|
|
(c) On payment of a bond, the county treasurer shall: |
|
|
(1) enter the payment in the book described by |
|
|
Subsection (a); and |
|
|
(2) receive for services the same fees allowed by law |
|
|
for recording the payment as a county clerk recording deeds. (Acts |
|
|
58th Leg., R.S., Ch. 56, Sec. 5(c).) |
|
|
Sec.1047.204.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding bonds issued by the district |
|
|
with the consent of the holders of the bonds to be refunded. |
|
|
(b) Before issuing refunding bonds, any sum to the credit of |
|
|
any sinking fund account on hand shall be: |
|
|
(1) deducted in determining the amount of refunding |
|
|
bonds to be issued; and |
|
|
(2) applied to the payment of the outstanding bonds. |
|
|
(Acts 58th Leg., R.S., Ch. 56, Sec. 5(d) (part).) |
|
|
Sec.1047.205.REGISTRATION OF REFUNDING BONDS. (a) After |
|
|
registration of refunding bonds, the comptroller shall: |
|
|
(1) cancel the bonds to be refunded and the interest |
|
|
coupons for those bonds; and |
|
|
(2) deliver the refunding bonds to the proper party. |
|
|
(b) Bonds to be refunded may be presented for cancellation |
|
|
in installments with a corresponding amount of refunding bonds |
|
|
registered and delivered as provided by this section. (Acts 58th |
|
|
Leg., R.S., Ch. 56, Sec. 5(d) (part).) |
|
|
Sec.1047.206.TAX TO PAY REFUNDING BONDS. (a) Before |
|
|
refunding bonds authorized by Section 1047.204 are delivered, the |
|
|
board shall impose a sufficient tax to pay the principal of and |
|
|
interest on the bonds. |
|
|
(b) The refunding of any bonds does not affect any taxes |
|
|
already due. (Acts 58th Leg., R.S., Ch. 56, Sec. 5(d) (part).) |
|
|
Sec.1047.207.BOND PROCEEDS. The directors shall promptly |
|
|
pay over the proceeds from the sale of district bonds to the |
|
|
depository to the credit of the district. (Acts 58th Leg., R.S., |
|
|
Ch. 56, Sec. 5(a) (part).) |
|
|
Sec.1047.208.BOND ELECTION EXPENSES. All expenses |
|
|
incident to holding a bond election shall be paid out of any |
|
|
district funds except the interest and sinking funds for bonds. |
|
|
(Acts 58th Leg., R.S., Ch. 56, Sec. 7 (part).) |
|
|
[Sections 1047.209-1047.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1047.251.IMPOSITION OF AD VALOREM TAX. (a) The |
|
|
district may impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The tax may be used to: |
|
|
(1) pay the principal of and interest on bonds |
|
|
authorized by Section 1047.201; and |
|
|
(2) maintain and operate a hospital or hospital |
|
|
system. (Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part).) |
|
|
Sec.1047.252.TAX RATE. The district may impose the tax at |
|
|
a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. (Acts 58th Leg., R.S., Ch. 56, Sec. 1 |
|
|
(part).) |
|
|
Sec.1047.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Jasper County shall assess and collect taxes |
|
|
for the district. (Acts 58th Leg., R.S., Ch. 56, Sec. 15(a) |
|
|
(part).) |
|
|
[Sections 1047.254-1047.300 reserved for expansion] |
|
|
SUBCHAPTER G. MERGER |
|
|
Sec.1047.301.MERGER. (a) If a countywide hospital |
|
|
district is created for Jasper County or if a district is created |
|
|
for the territory in Jasper County that is not included in the |
|
|
Jasper Hospital District, the board may choose to merge with the |
|
|
newly created hospital district if: |
|
|
(1) the newly created hospital district assumes all |
|
|
outstanding indebtedness of the Jasper Hospital District; and |
|
|
(2) the merger of districts is approved by the |
|
|
majority of the voters voting at an election held by the district. |
|
|
(b) Notice of an election under this section must be given |
|
|
in the same manner as provided for an election to elect directors. |
|
|
(Acts 58th Leg., R.S., Ch. 56, Sec. 16.) |
|
|
CHAPTER 1048. KARNES COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1048.001. DEFINITIONS |
|
|
Sec. 1048.002. AUTHORITY FOR CREATION |
|
|
Sec. 1048.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1048.004. DISTRICT TERRITORY |
|
|
Sec. 1048.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1048.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1048.007. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1048.008-1048.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1048.051. BOARD ELECTION; TERM |
|
|
Sec. 1048.052. NOTICE OF ELECTION |
|
|
Sec. 1048.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1048.054. BOND |
|
|
Sec. 1048.055. BOARD VACANCY |
|
|
Sec. 1048.056. OFFICERS |
|
|
Sec. 1048.057. COMPENSATION; EXPENSES |
|
|
Sec. 1048.058. VOTING REQUIREMENT |
|
|
Sec. 1048.059. DISTRICT ADMINISTRATOR |
|
|
Sec. 1048.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1048.061. EMPLOYEES; APPOINTMENT AND DISMISSAL OF STAFF |
|
|
Sec. 1048.062. SENIORITY; RETIREMENT BENEFITS |
|
|
[Sections 1048.063-1048.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1048.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1048.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1048.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1048.104. HOSPITAL SYSTEM |
|
|
Sec. 1048.105. RULES |
|
|
Sec. 1048.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1048.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1048.108. EMINENT DOMAIN |
|
|
Sec. 1048.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1048.110. CONSTRUCTION AND PURCHASE CONTRACTS |
|
|
Sec. 1048.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1048.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR HOSPITAL TREATMENT |
|
|
Sec. 1048.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1048.114. CARE AND TREATMENT FOR INDIGENT |
|
|
Sec. 1048.115. NONPROFIT CORPORATION |
|
|
Sec. 1048.116. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1048.117-1048.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1048.151. BUDGET |
|
|
Sec. 1048.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1048.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1048.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1048.155. FISCAL YEAR |
|
|
Sec. 1048.156. ANNUAL AUDIT |
|
|
Sec. 1048.157. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1048.158. FINANCIAL REPORT |
|
|
Sec. 1048.159. DEPOSITORY |
|
|
Sec. 1048.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1048.161-1048.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1048.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1048.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1048.203. BOND ELECTION |
|
|
Sec. 1048.204. REVENUE BONDS |
|
|
Sec. 1048.205. REFUNDING BONDS |
|
|
Sec. 1048.206. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
|
OF BONDS |
|
|
Sec. 1048.207. MATURITY OF BONDS |
|
|
Sec. 1048.208. EXECUTION OF BONDS |
|
|
Sec. 1048.209. USE OF BOND PROCEEDS |
|
|
Sec. 1048.210. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1048.211-1048.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1048.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1048.252. TAX RATE |
|
|
Sec. 1048.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1048.254-1048.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1048.301. DISSOLUTION; ELECTION |
|
|
Sec. 1048.302. NOTICE OF ELECTION |
|
|
Sec. 1048.303. BALLOT |
|
|
Sec. 1048.304. ELECTION RESULTS |
|
|
Sec. 1048.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
|
Sec. 1048.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES |
|
|
Sec. 1048.307. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1048. KARNES COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1048.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Karnes County Hospital |
|
|
District. (New.) |
|
|
Sec.1048.002.AUTHORITY FOR CREATION. The district is |
|
|
created under the authority of Section 9, Article IX, Texas |
|
|
Constitution. (Acts 61st Leg., R.S., Ch. 591, Sec. 1.) |
|
|
Sec.1048.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 61st Leg., R.S., Ch. 591, Sec. 22 (part).) |
|
|
Sec.1048.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Karnes County. |
|
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 2.) |
|
|
Sec.1048.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 61st Leg., R.S., Ch. 591, Sec. 23 (part).) |
|
|
Sec. 1048.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Sec. 21 (part).) |
|
|
Sec.1048.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 21 (part).) |
|
|
[Sections 1048.008-1048.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1048.051.BOARD ELECTION; TERM. (a) The board is |
|
|
governed by seven directors elected at large by place. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve two-year terms; |
|
|
(2) an election shall be held each year on the May |
|
|
uniform election date under Section 41.001, Election Code; and |
|
|
(3) the terms of the directors elected to places one |
|
|
through four expire in odd-numbered years and the terms of the |
|
|
directors elected to places five through seven expire in |
|
|
even-numbered years. (Acts 61st Leg., R.S., Ch. 591, Secs. 5(a), |
|
|
(a-1) (part), (a-2).) |
|
|
Sec.1048.052.NOTICE OF ELECTION. Notice of an election of |
|
|
directors shall be published in a newspaper or newspapers that |
|
|
individually or collectively have general circulation in the |
|
|
district in accordance with Section 4.003, Election Code. (Acts |
|
|
61st Leg., R.S., Ch. 591, Sec. 5(a-3) (part).) |
|
|
Sec.1048.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a qualified voter; and |
|
|
(2) a resident of the place for which the person is a |
|
|
candidate. |
|
|
(b) To be eligible to hold office on the board, a person must |
|
|
be a resident of the place for which the person is elected, as |
|
|
designated by the following political subdivisions: |
|
|
(1) for place one, Falls City Common School District; |
|
|
(2) for place two, Runge Independent School District |
|
|
and Nordheim Independent School District; |
|
|
(3) for places three and four, Karnes City Independent |
|
|
School District and Nixon Independent School District; and |
|
|
(4) for places five, six, and seven, Kenedy |
|
|
Independent School District, Pawnee Independent School District, |
|
|
and Pettus Independent School District. |
|
|
(c) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; |
|
|
(2) a district employee; or |
|
|
(3) a hospital medical staff member. (Acts 61st Leg., |
|
|
R.S., Ch. 591, Secs. 5(a-1) (part), (b).) |
|
|
Sec.1048.054.BOND. (a) Each director shall execute a |
|
|
good and sufficient bond for $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for a director's bond. (Acts |
|
|
61st Leg., R.S., Ch. 591, Sec. 5(a-5) (part).) |
|
|
Sec.1048.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 61st Leg., R.S., Ch. 591, |
|
|
Sec. 5(a-4).) |
|
|
Sec.1048.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 61st Leg., R.S., Ch. 591, Sec. 5(c).) |
|
|
Sec.1048.057.COMPENSATION; EXPENSES. 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. (Acts 61st Leg., R.S., Ch. |
|
|
591, Sec. 5(e).) |
|
|
Sec.1048.058.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 61st Leg., R.S., Ch. 591, Sec. 5(d) (part).) |
|
|
Sec.1048.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 6(d) (part).) |
|
|
Sec.1048.060.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 affairs of the district. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Sec. 6(d) (part).) |
|
|
Sec. 1048.061. EMPLOYEES; APPOINTMENT AND DISMISSAL OF |
|
|
STAFF. (a) The board may appoint to or dismiss from the staff the |
|
|
physicians, dentists, and podiatrists the board determines |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ the fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ district employees, including technicians and |
|
|
nurses. (Acts 61st Leg., R.S., Ch. 591, Secs. 6(e), (f), 17.) |
|
|
Sec.1048.062.SENIORITY; RETIREMENT BENEFITS. The board |
|
|
may: |
|
|
(1) adopt rules related to the seniority of district |
|
|
employees, including rules for a retirement plan based on |
|
|
seniority; and |
|
|
(2) give effect to previous years of service for |
|
|
district employees continuously employed in the operation or |
|
|
management of hospital facilities acquired or constructed by the |
|
|
district. (Acts 61st Leg., R.S., Ch. 591, Sec. 6(b).) |
|
|
[Sections 1048.063-1048.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1048.101.DISTRICT RESPONSIBILITY. (a) The district |
|
|
has full responsibility for providing hospital care for the |
|
|
district's indigent residents. |
|
|
(b) The district shall provide all necessary hospital and |
|
|
medical care for the district's needy inhabitants. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Secs. 3 (part), 20 (part).) |
|
|
Sec. 1048.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
|
than the district, may not impose a tax or issue bonds or other |
|
|
obligations for hospital purposes or to provide hospital service or |
|
|
medical care in the district. (Acts 61st Leg., R.S., Ch. 591, Secs. |
|
|
3 (part), 20 (part).) |
|
|
Sec.1048.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 61st Leg., R.S., Ch. |
|
|
591, Sec. 6(a) (part).) |
|
|
Sec.1048.104.HOSPITAL SYSTEM. (a) The district has the |
|
|
responsibility to establish a hospital or hospital system within |
|
|
its boundaries to provide hospital and medical care to the |
|
|
district's residents. |
|
|
(b) The hospital system may include: |
|
|
(1) a hospital, clinic, health facility, extended care |
|
|
facility, outpatient facility, rehabilitation or recreation |
|
|
facility, pharmacy, medical laboratory, dental laboratory, |
|
|
physicians' office building, laundry facility, administrative |
|
|
facility, or other building related to a health facility or system; |
|
|
(2) a single or multiunit housing facility for medical |
|
|
staff, nurses, interns, other employees of a health facility or |
|
|
system, patients of a health facility, or relatives of patients |
|
|
admitted for treatment or care in a health facility; |
|
|
(3) a support facility related to a hospital project, |
|
|
including an office building, a parking lot or other parking |
|
|
structure, or a maintenance, safety, or utility facility, and any |
|
|
equipment related to the support facility; and |
|
|
(4) any other facilities the board determines |
|
|
necessary for hospital or medical care. (Acts 61st Leg., R.S., Ch. |
|
|
591, Secs. 3 (part), 10(a) (part).) |
|
|
Sec.1048.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 61st Leg., R.S., Ch. 591, |
|
|
Sec. 6(c) (part).) |
|
|
Sec.1048.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Sec. 11 (part).) |
|
|
Sec. 1048.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. (Acts 61st Leg., |
|
|
R.S., Ch. 591, Secs. 10(a) (part), (b) (part), (c), 11 (part).) |
|
|
Sec.1048.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary for the district to exercise |
|
|
a power, right, or privilege conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in the trial court money or a |
|
|
bond as provided by Section 21.021, Property Code. |
|
|
(c) In a condemnation proceeding brought by the district, |
|
|
the district is not required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 61st Leg., R.S., Ch. 591, Sec. |
|
|
15.) |
|
|
Sec.1048.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 61st Leg., R.S., Ch. 591, |
|
|
Sec. 19.) |
|
|
Sec.1048.110.CONSTRUCTION AND PURCHASE CONTRACTS. A |
|
|
construction or purchase contract that involves an expenditure of |
|
|
more than the amount provided by Section 271.024, Local Government |
|
|
Code, must comply with the competitive bidding requirements |
|
|
provided by Subchapter B, Chapter 271, Local Government Code. |
|
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 11 (part).) |
|
|
Sec.1048.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 61st Leg., R.S., Ch. 591, Sec. 10(b) |
|
|
(part).) |
|
|
Sec. 1048.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
HOSPITAL TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the |
|
|
hospitalization of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the hospital treatment of a sick or injured person. |
|
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 6(g) (part).) |
|
|
Sec. 1048.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory or other services as to the hospital or |
|
|
welfare needs of district inhabitants. (Acts 61st Leg., R.S., Ch. |
|
|
591, Sec. 6(g) (part).) |
|
|
Sec.1048.114.CARE AND TREATMENT FOR INDIGENT. The |
|
|
district shall provide health care and treatment to an individual |
|
|
determined to be indigent in accordance with policies and |
|
|
procedures adopted by the board. (Acts 61st Leg., R.S., Ch. 591, |
|
|
Sec. 18.) |
|
|
Sec.1048.115.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. |
|
|
(a-1) On or before December 31, 2009, the district may |
|
|
create and sponsor a nonprofit corporation under the Texas |
|
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
|
applicable, and may contribute money to or solicit money for the |
|
|
corporation. |
|
|
(b) The corporation 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. |
|
|
(e) This subsection and Subsection (a-1) expire December |
|
|
31, 2009. (Acts 61st Leg., R.S., Ch. 591, Sec. 6A.) |
|
|
Sec.1048.116.AUTHORITY TO SUE AND BE SUED. (a) The |
|
|
district, through the board, may sue and be sued. |
|
|
(b) The district is entitled to all causes of action and |
|
|
defenses to which similar authorities are entitled. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Sec. 6(c) (part).) |
|
|
[Sections 1048.117-1048.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1048.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of the district, including: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year, with the balances expected at the |
|
|
end of the year in which the budget is being prepared; |
|
|
(5) the estimated revenue and balances available to |
|
|
cover the proposed expenditures and disbursements; and |
|
|
(6) the estimated receipts and collections for the |
|
|
following fiscal year. (Acts 61st Leg., R.S., Ch. 591, Sec. 7(c).) |
|
|
Sec.1048.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Not later than the 10th day before the date of the |
|
|
hearing, notice of the hearing shall be published one time in a |
|
|
newspaper or newspapers that individually or collectively have |
|
|
general circulation in the district. |
|
|
(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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 61st Leg., R.S., Ch. 591, Secs. |
|
|
7(d), (f) (part).) |
|
|
Sec.1048.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 61st Leg., R.S., Ch. 591, Sec. 7(f) (part).) |
|
|
Sec.1048.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 61st Leg., R.S., Ch. 591, Sec. 7(e).) |
|
|
Sec.1048.155.FISCAL YEAR. (a) The district operates on 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. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Sec. 7(a).) |
|
|
Sec.1048.156.ANNUAL AUDIT. The board annually shall have |
|
|
an independent audit made of the district's financial condition. |
|
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 7(b) (part).) |
|
|
Sec.1048.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The annual audit and other district records shall be open to |
|
|
inspection at the district's principal office. (Acts 61st Leg., |
|
|
R.S., Ch. 591, Sec. 7(b) (part).) |
|
|
Sec.1048.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 61st Leg., R.S., Ch. 591, Sec. 7(g).) |
|
|
Sec.1048.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks in the district to serve as a depository for district |
|
|
money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1048.160(b), and money transmitted to a bank for payment of |
|
|
bonds or obligations issued by the district, shall be deposited as |
|
|
received with the depository bank and shall remain on deposit. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. (Acts 61st Leg., |
|
|
R.S., Ch. 591, Sec. 12.) |
|
|
Sec.1048.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1048.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 61st Leg., R.S., Ch. 591, Secs. 6(a) |
|
|
(part), 11 (part).) |
|
|
[Sections 1048.161-1048.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1048.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
system purposes. (Acts 61st Leg., R.S., Ch. 591, Sec. 8(a) (part).) |
|
|
Sec.1048.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1048.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 61st Leg., R.S., Ch. 591, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1048.203.BOND ELECTION. (a) The district may issue |
|
|
bonds, other than refunding bonds, wholly or partly secured by an ad |
|
|
valorem tax only if the bonds are authorized by a majority of the |
|
|
district voters voting at an election held for that purpose. |
|
|
(b) The order and publication of notice for the bond |
|
|
election must be provided in accordance with Chapter 1251, |
|
|
Government Code. (Acts 61st Leg., R.S., Ch. 591, Secs. 8(a) (part), |
|
|
9A(b).) |
|
|
Sec.1048.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate buildings or improvements for hospital system purposes; or |
|
|
(2) acquire sites to be used for the hospital system. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of district revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
61st Leg., R.S., Ch. 591, Sec. 9 (part).) |
|
|
Sec.1048.205.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Secs. 8(b) (part), 9 (part), 9A(b) (part).) |
|
|
Sec. 1048.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
|
BONDS. In addition to the authority to issue general obligation |
|
|
bonds and revenue bonds under this subchapter, the board may |
|
|
provide for the security and payment of district bonds from a pledge |
|
|
of a combination of ad valorem taxes as authorized by Section |
|
|
1048.202 and revenue and other sources as authorized by Section |
|
|
1048.204. (Acts 61st Leg., R.S., Ch. 591, Sec. 9A(a).) |
|
|
Sec.1048.207.MATURITY OF BONDS. District bonds must |
|
|
mature not later than the 40th anniversary of the date of issuance. |
|
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 8(c) (part).) |
|
|
Sec.1048.208.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 61st Leg., |
|
|
R.S., Ch. 591, Sec. 8(c) (part).) |
|
|
Sec.1048.209.USE OF BOND PROCEEDS. The district may use |
|
|
the proceeds of bonds issued under this subchapter to pay: |
|
|
(1) any expense the board determines is reasonable and |
|
|
necessary to issue, sell, and deliver the bonds; |
|
|
(2) interest payments on the bonds during a period of |
|
|
acquisition or construction of a project or facility to be provided |
|
|
through the bonds, not to exceed five years; |
|
|
(3) costs related to the operation and maintenance of |
|
|
a project or facility to be provided through the bonds: |
|
|
(A) during an estimated period of acquisition or |
|
|
construction, not to exceed five years; and |
|
|
(B) for one year after the project or facility is |
|
|
acquired or constructed; |
|
|
(4) costs related to the financing of the bond funds, |
|
|
including debt service reserve and contingency funds; |
|
|
(5) costs related to the issuance of the bonds; |
|
|
(6) costs related to the acquisition of land or |
|
|
interests in land for a project or facility to be provided through |
|
|
the bonds; and |
|
|
(7) costs of construction of a project or facility to |
|
|
be provided through the bonds, including the payment of related |
|
|
professional services and expenses. (Acts 61st Leg., R.S., Ch. |
|
|
591, Sec. 9B.) |
|
|
Sec.1048.210.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Sec. 22 (part).) |
|
|
[Sections 1048.211-1048.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1048.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds and other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 591, |
|
|
Sec. 13 (part).) |
|
|
Sec.1048.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 61st |
|
|
Leg., R.S., Ch. 591, Sec. 13 (part).) |
|
|
Sec.1048.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 61st Leg., R.S., Ch. 591, Sec. |
|
|
16(b).) |
|
|
[Sections 1048.254-1048.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1048.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and disposing of the district's assets and |
|
|
obligations. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by at least 15 |
|
|
percent of the registered voters in the district. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001, Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 61st Leg., R.S., Ch. |
|
|
591, Secs. 24A(a), (b), (c) (part) (d).) |
|
|
Sec.1048.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper with general circulation in the district. |
|
|
(b) The first publication of the notice must appear not |
|
|
later than the 35th day before the date set for the election. (Acts |
|
|
61st Leg., R.S., Ch. 591, Sec. 24A(e).) |
|
|
Sec.1048.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Karnes County Hospital |
|
|
District." (Acts 61st Leg., R.S., Ch. 591, Sec. 24A(f).) |
|
|
Sec.1048.304.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution, the |
|
|
board shall find that the district is dissolved. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution, the board shall continue to administer the district |
|
|
and another election on the question of dissolution may not be held |
|
|
before the first anniversary of the date of the most recent election |
|
|
to dissolve the district. (Acts 61st Leg., R.S., Ch. 591, Sec. |
|
|
24A(g).) |
|
|
Sec.1048.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
|
If a majority of the votes in the election held under this |
|
|
subchapter favor dissolution, the board shall: |
|
|
(1) transfer the land, buildings, improvements, |
|
|
equipment, and other assets that belong to the district to Karnes |
|
|
County or another governmental entity in Karnes County; or |
|
|
(2) administer the property, assets, and debts until |
|
|
all money has been disposed of and all district debts have been paid |
|
|
or settled. |
|
|
(b) If the district makes the transfer under Subsection |
|
|
(a)(1), the county or entity assumes all debts and obligations of |
|
|
the district at the time of the transfer, and the district is |
|
|
dissolved. |
|
|
(c) If Subsection (a)(1) does not apply and the board |
|
|
administers the property, assets, and debts of the district under |
|
|
Subsection (a)(2), the district is dissolved when all money has |
|
|
been disposed of and all district debts have been paid or settled. |
|
|
(Acts 61st Leg., R.S., Ch. 591, Secs. 24A(h), (i), (j).) |
|
|
Sec. 1048.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) After the board finds that the district is dissolved, |
|
|
the board shall: |
|
|
(1) determine the debt owed by the district; and |
|
|
(2) impose on the property included in the district's |
|
|
tax rolls a tax that is in proportion of the debt to the property |
|
|
value. |
|
|
(b) On the payment of all outstanding debts and obligations |
|
|
of the district, the board shall order the secretary to return to |
|
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
|
tax money. |
|
|
(c) A taxpayer may request that the taxpayer's share of |
|
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
|
taxpayer requests the credit, the board shall direct the secretary |
|
|
to transmit the money to the county tax assessor-collector. (Acts |
|
|
61st Leg., R.S., Ch. 591, Secs. 24A(k), (l), (m).) |
|
|
Sec.1048.307.REPORT; DISSOLUTION ORDER. (a) After the |
|
|
district has paid all district debts and has disposed of all |
|
|
district money and other assets as prescribed by this subchapter, |
|
|
the board shall file a written report with the Commissioners Court |
|
|
of Karnes County summarizing the board's actions in dissolving the |
|
|
district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Karnes 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. (Acts 61st Leg., R.S., Ch. 591, Secs. 24A(n), (o).) |
|
|
CHAPTER 1049. KIMBLE COUNTY HOSPITAL DISTRICT OF KIMBLE COUNTY, |
|
|
TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1049.001. DEFINITIONS |
|
|
Sec. 1049.002. AUTHORITY FOR CREATION |
|
|
Sec. 1049.003. DISTRICT TERRITORY |
|
|
Sec. 1049.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1049.005. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1049.006-1049.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1049.051. BOARD ELECTION; TERM |
|
|
Sec. 1049.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1049.053. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1049.054. BOARD VACANCY |
|
|
Sec. 1049.055. OFFICERS |
|
|
Sec. 1049.056. COMPENSATION; EXPENSES |
|
|
Sec. 1049.057. DISTRICT ADMINISTRATOR |
|
|
Sec. 1049.058. EMPLOYEES |
|
|
Sec. 1049.059. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
[Sections 1049.060-1049.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1049.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1049.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1049.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
|
Sec. 1049.104. HOSPITAL SYSTEM |
|
|
Sec. 1049.105. RULES |
|
|
Sec. 1049.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1049.107. EMINENT DOMAIN |
|
|
Sec. 1049.108. GIFTS AND ENDOWMENTS |
|
|
Sec. 1049.109. CONTRACTS FOR HEALTH CARE |
|
|
Sec. 1049.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
[Sections 1049.111-1049.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1049.151. BUDGET |
|
|
Sec. 1049.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1049.153. FISCAL YEAR |
|
|
Sec. 1049.154. ANNUAL AUDIT |
|
|
Sec. 1049.155. DEPOSITORY |
|
|
Sec. 1049.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1049.157-1049.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1049.201. BONDS |
|
|
Sec. 1049.202. TAX TO PAY BONDS |
|
|
Sec. 1049.203. BOND ELECTION |
|
|
Sec. 1049.204. MATURITY OF BONDS |
|
|
Sec. 1049.205. EXECUTION OF BONDS |
|
|
Sec. 1049.206. REVENUE BONDS |
|
|
[Sections 1049.207-1049.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1049.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1049.252. TAX RATE |
|
|
Sec. 1049.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1049.254-1049.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1049.301. DISSOLUTION; ELECTION |
|
|
Sec. 1049.302. NOTICE OF ELECTION |
|
|
Sec. 1049.303. BALLOT |
|
|
Sec. 1049.304. ELECTION RESULTS |
|
|
Sec. 1049.305. AUDIT; TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
CHAPTER 1049. KIMBLE COUNTY HOSPITAL DISTRICT OF KIMBLE COUNTY, |
|
|
TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1049.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Commissioners court" means the Commissioners |
|
|
Court of Kimble County. |
|
|
(3) "Director" means a member of the board. |
|
|
(4) "District" means the Kimble County Hospital |
|
|
District of Kimble County, Texas. (New.) |
|
|
Sec.1049.002.AUTHORITY FOR CREATION. The district is |
|
|
created under the authority of Section 9, Article IX, Texas |
|
|
Constitution. (Acts 62nd Leg., R.S., Ch. 873, Sec. 1.) |
|
|
Sec.1049.003.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Kimble County. |
|
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 2.) |
|
|
Sec. 1049.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district's hospital |
|
|
system and any indebtedness incurred by the district under this |
|
|
chapter may not become a charge against or obligation of this state. |
|
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 18 (part).) |
|
|
Sec.1049.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 18 (part).) |
|
|
[Sections 1049.006-1049.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1049.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected from the district at large. |
|
|
(b) Directors serve staggered three-year terms. |
|
|
(c) An election shall be held each year on the May uniform |
|
|
election day prescribed by Section 41.001, Election Code, to elect |
|
|
the appropriate number of directors. (Acts 62nd Leg., R.S., Ch. |
|
|
873, Secs. 5(a), (d), (e), (f), (g); Acts 78th Leg., R.S., Ch. 571, |
|
|
Sec. 4(c).) |
|
|
Sec.1049.052.QUALIFICATIONS FOR OFFICE. To qualify for |
|
|
election to the board, a person must: |
|
|
(1) be at least 18 years of age; |
|
|
(2) have been a district resident for at least two |
|
|
years; and |
|
|
(3) be a qualified property tax paying voter of the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 873, Sec. 5(b).) |
|
|
Sec. 1049.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
commercial bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for a director's bond. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository for safekeeping. (Acts 62nd Leg., R.S., Ch. 873, Sec. |
|
|
6(a).) |
|
|
Sec.1049.054.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, a majority of the directors shall appoint a |
|
|
director for the unexpired term. (Acts 62nd Leg., R.S., Ch. 873, |
|
|
Sec. 5(h).) |
|
|
Sec.1049.055.OFFICERS. The board shall elect from among |
|
|
its members a president, a secretary, and a treasurer at the first |
|
|
meeting after each director's election. (Acts 62nd Leg., R.S., Ch. |
|
|
873, Sec. 6(b).) |
|
|
Sec.1049.056.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but is entitled to reimbursement for necessary |
|
|
expenses incurred in the performance of official duties. (Acts |
|
|
62nd Leg., R.S., Ch. 873, Sec. 6(c).) |
|
|
Sec.1049.057.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
employ a district administrator to manage the operations of the |
|
|
hospital system. |
|
|
(b) The district administrator may employ necessary |
|
|
personnel to perform the services provided by the hospital system. |
|
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 12(e) (part).) |
|
|
Sec.1049.058.EMPLOYEES. The board may employ an |
|
|
attorney, a general manager, a bookkeeper, an architect, and other |
|
|
employees necessary for the efficient operation of the district. |
|
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 12(e) (part).) |
|
|
Sec.1049.059.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
The board shall: |
|
|
(1) maintain all district records, including books, |
|
|
accounts, notices, minutes, and other matters of the district and |
|
|
its operation, at the district office; and |
|
|
(2) make those records available for public inspection |
|
|
at reasonable times. (Acts 62nd Leg., R.S., Ch. 873, Sec. 12(b).) |
|
|
[Sections 1049.060-1049.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1049.101.DISTRICT RESPONSIBILITY. The district shall |
|
|
provide all necessary hospital and medical care for the district's |
|
|
needy inhabitants. (Acts 62nd Leg., R.S., Ch. 873, Sec. 3 (part).) |
|
|
Sec. 1049.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
|
than the district, may not impose a tax or issue bonds or other |
|
|
obligations to provide hospital service or medical care in the |
|
|
district. (Acts 62nd Leg., R.S., Ch. 873, Sec. 3 (part).) |
|
|
Sec.1049.103.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
|
board has full power to manage and control the district. (Acts 62nd |
|
|
Leg., R.S., Ch. 873, Sec. 12(a) (part).) |
|
|
Sec.1049.104.HOSPITAL SYSTEM. The district has the |
|
|
responsibility to establish a hospital or hospital system within |
|
|
its boundaries to provide hospital and medical care to the |
|
|
district's residents. (Acts 62nd Leg., R.S., Ch. 873, Sec. 3 |
|
|
(part).) |
|
|
Sec.1049.105.RULES. (a) The board shall adopt rules for |
|
|
the efficient operation of the district, including district |
|
|
facilities. |
|
|
(b) The board shall: |
|
|
(1) publish the rules in book form; and |
|
|
(2) provide copies to interested persons on request at |
|
|
district expense. (Acts 62nd Leg., R.S., Ch. 873, Sec. 12(c).) |
|
|
Sec.1049.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe the method of making purchases and expenditures |
|
|
and the manner of accounting and control used by the district. |
|
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 12(e) (part).) |
|
|
Sec.1049.107.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in real, personal, or mixed property located in |
|
|
district territory if the interest is necessary or convenient for |
|
|
the district to exercise a power or duty conferred on the district |
|
|
by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in the trial court money or a |
|
|
bond as provided by Section 21.021(a), Property Code. |
|
|
(c) In a condemnation proceeding, the district is not |
|
|
required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; or |
|
|
(2) provide a bond for costs or a supersedeas bond on |
|
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 873, Sec. |
|
|
15.) |
|
|
Sec.1049.108.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board under the directions, limitations, or |
|
|
other provisions prescribed in writing by the donor that are not |
|
|
inconsistent with the proper management of the district. (Acts |
|
|
62nd Leg., R.S., Ch. 873, Sec. 12(f).) |
|
|
Sec.1049.109.CONTRACTS FOR HEALTH CARE. The board may |
|
|
contract with any public or private entity, including a charitable |
|
|
organization, the federal government, this state, or any political |
|
|
subdivision, to provide health care or related services inside or |
|
|
outside the district. (Acts 62nd Leg., R.S., Ch. 873, Sec. 12(g).) |
|
|
Sec.1049.110.PAYMENT FOR TREATMENT; PROCEDURES. (a) A |
|
|
person who resides in the district is entitled to receive necessary |
|
|
medical and hospital care regardless of whether the person has the |
|
|
ability to pay for the care and may apply to receive this care |
|
|
without cost. |
|
|
(b) The board or the district administrator shall employ a |
|
|
person to investigate the ability of the patient and any relative |
|
|
who is liable for the patient's support to pay for the medical and |
|
|
hospital care received by the patient. |
|
|
(c) If the investigator determines that the patient or |
|
|
relative legally liable for the patient's support cannot pay all or |
|
|
part of the costs of the patient's care, the expense of the care |
|
|
becomes a charge against the district. |
|
|
(d) If the patient or a relative legally liable for the |
|
|
patient's support can pay for all or part of the costs of the |
|
|
patient's care, the board shall: |
|
|
(1) order the patient or relative to pay the district |
|
|
each week an amount specified in the order, which must be |
|
|
proportionate to the person's ability to pay; and |
|
|
(2) send a billing statement charging that amount to |
|
|
the person. |
|
|
(e) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the investigator, the board shall hold a hearing and, |
|
|
after calling witnesses, shall: |
|
|
(1) determine the question; and |
|
|
(2) make the proper order based on the board's |
|
|
findings. |
|
|
(g) A party to the hearing who is not satisfied with the |
|
|
result of the order may appeal to the district court. The appeal is |
|
|
de novo. (Acts 62nd Leg., R.S., Ch. 873, Sec. 14.) |
|
|
[Sections 1049.111-1049.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1049.151.BUDGET. The board shall prepare a budget |
|
|
that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections for the next |
|
|
fiscal year; and |
|
|
(3) the amount of taxes required to be imposed to meet |
|
|
the proposed budget. (Acts 62nd Leg., R.S., Ch. 873, Sec. 13(b).) |
|
|
Sec.1049.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in the district not later than |
|
|
the 11th day before the date of the hearing. |
|
|
(c) Any person is entitled to: |
|
|
(1) appear at the hearing; and |
|
|
(2) be heard regarding any item in the proposed |
|
|
budget. (Acts 62nd Leg., R.S., Ch. 873, Secs. 13(c), (d).) |
|
|
Sec.1049.153.FISCAL YEAR. The district's fiscal year is |
|
|
from October 1 to September 30. (Acts 62nd Leg., R.S., Ch. 873, |
|
|
Sec. 13(a).) |
|
|
Sec.1049.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
require an independent audit of the district's books and records. |
|
|
(b) Not later than December 1 of each year, the board shall |
|
|
file a copy of the audit with: |
|
|
(1) the comptroller; and |
|
|
(2) the district. (Acts 62nd Leg., R.S., Ch. 873, Sec. |
|
|
12(d).) |
|
|
Sec.1049.155.DEPOSITORY. (a) The board by resolution |
|
|
shall designate a bank in Kimble County as the district's |
|
|
depository. A designated bank serves for two years and until a |
|
|
successor is designated. |
|
|
(b) All district money shall be deposited in the depository |
|
|
and secured in the manner provided for securing county funds. (Acts |
|
|
62nd Leg., R.S., Ch. 873, Sec. 16.) |
|
|
Sec.1049.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money at a rate not to exceed the maximum |
|
|
annual percentage rate allowed by law for district obligations at |
|
|
the time the loan is made. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district during |
|
|
the 12-month period following the date of the pledge that is not |
|
|
pledged to pay the principal of or interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. (Acts 62nd |
|
|
Leg., R.S., Ch. 873, Sec. 12A.) |
|
|
[Sections 1049.157-1049.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1049.201.BONDS. The district may issue bonds to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings and improvements; and |
|
|
(2) equip buildings for hospital purposes. (Acts 62nd |
|
|
Leg., R.S., Ch. 873, Secs. 9(a) (part), 10(a) (part).) |
|
|
Sec.1049.202.TAX TO PAY BONDS. The board may issue bonds |
|
|
under Section 1049.201 only if the board imposes an ad valorem tax |
|
|
at a rate sufficient to create an interest and sinking fund to pay |
|
|
the principal of and interest on the bonds as the bonds mature. |
|
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 10(c).) |
|
|
Sec.1049.203.BOND ELECTION. (a) The board may issue |
|
|
bonds under Section 1049.201 only if the bonds are authorized by a |
|
|
majority of district voters voting in an election held for that |
|
|
purpose. The total face value of the bonds may not exceed the |
|
|
amount specified in the election order. |
|
|
(b) The board may order a bond election at any time. |
|
|
(c) The order calling the election must include: |
|
|
(1) the time of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the form of the ballots; |
|
|
(4) the presiding judge for each polling place; |
|
|
(5) the purpose of the bond issuance; |
|
|
(6) the amount of the bonds to be authorized; |
|
|
(7) the maximum interest rate of the bonds; and |
|
|
(8) the maximum maturity date of the bonds. |
|
|
(d) A substantial copy of the election order shall be |
|
|
published in a newspaper of general circulation in the district |
|
|
once a week for two consecutive weeks before the date of the |
|
|
election. The first notice must be published not later than the |
|
|
15th day before the date of the election. |
|
|
(e) A copy of the election results must be filed with the |
|
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
|
873, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d), 10(a) |
|
|
(part).) |
|
|
Sec.1049.204.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
62nd Leg., R.S., Ch. 873, Sec. 9(c).) |
|
|
Sec.1049.205.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
62nd Leg., R.S., Ch. 873, Sec. 10(b) (part).) |
|
|
Sec.1049.206.REVENUE BONDS. (a) The board may issue and |
|
|
sell revenue bonds in the name and on the faith and credit of the |
|
|
district to purchase, construct, acquire, repair, renovate, or |
|
|
equip buildings or improvements for district purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospital system. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust on all or part of district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for the issuance of revenue bonds by a county hospital |
|
|
authority. (Acts 62nd Leg., R.S., Ch. 873, Sec. 11A.) |
|
|
[Sections 1049.207-1049.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1049.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The tax may be used only to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued under this chapter; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; or |
|
|
(4) acquire sites for additions to the hospital |
|
|
system. (Acts 62nd Leg., R.S., Ch. 873, Secs. 8(a) (part), (c).) |
|
|
Sec.1049.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 62nd Leg., R.S., Ch. 873, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1049.253.TAX ASSESSOR-COLLECTOR. (a) The tax |
|
|
assessor-collector for Kimble County shall collect taxes for the |
|
|
district. |
|
|
(b) The tax assessor-collector is entitled to a reasonable |
|
|
fee that is agreed to by the district as compensation for the |
|
|
person's services. (Acts 62nd Leg., R.S., Ch. 873, Secs. 8(d) |
|
|
(part), (e).) |
|
|
[Sections 1049.254-1049.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1049.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved on approval of a majority of the district voters |
|
|
voting in an election held for that purpose. |
|
|
(b) The commissioners court may order an election to |
|
|
dissolve the district on its own order recorded in the minutes. The |
|
|
commissioners court shall order the election if the commissioners |
|
|
court receives a petition from 50 district voters. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the location of the polling places; |
|
|
(2) the form of the ballots; and |
|
|
(3) the presiding judge for each polling place. (Acts |
|
|
62nd Leg., R.S., Ch. 873, Secs. 19(a) (part), (b), (e).) |
|
|
Sec.1049.302.NOTICE OF ELECTION. (a) The commissioners |
|
|
court shall publish a substantial copy of the election order in a |
|
|
newspaper of general circulation in the district once a week for two |
|
|
consecutive weeks before the date of an election under this |
|
|
subchapter. |
|
|
(b) The first notice must be published not later than the |
|
|
15th day before the date of the election. (Acts 62nd Leg., R.S., |
|
|
Ch. 873, Sec. 19(c).) |
|
|
Sec.1049.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The Dissolution of Kimble County Hospital District |
|
|
of Kimble County, Texas." (Acts 62nd Leg., R.S., Ch. 873, Sec. |
|
|
19(f).) |
|
|
Sec.1049.304.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution, the |
|
|
commissioners court shall, within 10 days after the date the |
|
|
results are filed, declare the results and order the district |
|
|
dissolved. A copy of the order shall be placed in the minutes of the |
|
|
court, and a copy shall be sent to the board. |
|
|
(b) If a majority of the votes are against dissolution, this |
|
|
does not prevent the holding of other dissolution elections after |
|
|
the passage of one year. |
|
|
(c) A copy of the election results must be filed with the |
|
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
|
873, Secs. 19(d) (part), (g), (h).) |
|
|
Sec.1049.305.AUDIT; TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) Within 30 days after the election results are filed under |
|
|
Section 1049.304, the commissioners court shall employ an |
|
|
independent audit of the dissolved district's assets and |
|
|
liabilities. |
|
|
(b) Within 10 days after the audit is completed, the |
|
|
commissioners court shall: |
|
|
(1) publish a copy of the audit in a newspaper of |
|
|
general circulation in the district; and |
|
|
(2) by declaration: |
|
|
(A) formally transfer the assets of the dissolved |
|
|
district to Kimble County; and |
|
|
(B) formally declare the county liable for all |
|
|
debts and liabilities incurred by the dissolved district. |
|
|
(c) The declarations shall be published in a newspaper of |
|
|
general circulation within 10 days after the declarations are made. |
|
|
(d) Any assets transferred to Kimble County shall be used to |
|
|
benefit the citizens formerly in the district. (Acts 62nd Leg., |
|
|
R.S., Ch. 873, Secs. 19(i), (j), (k), (l).) |
|
|
CHAPTER 1050. KNOX COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1050.001. DEFINITIONS |
|
|
Sec. 1050.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1050.003. POLITICAL SUBDIVISION |
|
|
Sec. 1050.004. DISTRICT TERRITORY |
|
|
Sec. 1050.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1050.006. PUBLIC PURPOSE; TAX EXEMPTION |
|
|
[Sections 1050.007-1050.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1050.051. BOARD ELECTION AND APPOINTMENT; TERM |
|
|
Sec. 1050.052. NOTICE OF ELECTION |
|
|
Sec. 1050.053. BALLOT PETITION |
|
|
Sec. 1050.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1050.055. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1050.056. BOARD VACANCY |
|
|
Sec. 1050.057. DIRECTOR RIGHTS, PRIVILEGES, AND DUTIES |
|
|
Sec. 1050.058. OFFICERS |
|
|
Sec. 1050.059. COMPENSATION; EXPENSES |
|
|
Sec. 1050.060. VOTING REQUIREMENT |
|
|
Sec. 1050.061. EMPLOYEES |
|
|
Sec. 1050.062. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1050.063. SEAL |
|
|
[Sections 1050.064-1050.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1050.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1050.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION AND DEBT |
|
|
Sec. 1050.103. RULES |
|
|
Sec. 1050.104. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1050.105. EMINENT DOMAIN |
|
|
Sec. 1050.106. GIFTS AND ENDOWMENTS |
|
|
Sec. 1050.107. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1050.108. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1050.109-1050.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1050.151. BUDGET |
|
|
Sec. 1050.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1050.153. FISCAL YEAR |
|
|
Sec. 1050.154. ANNUAL AUDIT |
|
|
Sec. 1050.155. DEPOSITORY OR TREASURER |
|
|
Sec. 1050.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1050.157-1050.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1050.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1050.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1050.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1050.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1050.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
[Sections 1050.206-1050.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1050.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1050.252. TAX RATE |
|
|
Sec. 1050.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
|
Sec. 1050.254. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1050. KNOX COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1050.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Knox County Hospital |
|
|
District. (New.) |
|
|
Sec.1050.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution. (Acts 60th Leg., R.S., Ch. 241, Sec. 1 (part).) |
|
|
Sec.1050.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
|
241, Sec. 17 (part).) |
|
|
Sec.1050.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Knox County, Texas. |
|
|
(Acts 60th Leg., R.S., Ch. 241, Sec. 1 (part).) |
|
|
Sec.1050.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 60th Leg., R.S., Ch. 241, Sec. 18 (part).) |
|
|
Sec.1050.006.PUBLIC PURPOSE; TAX EXEMPTION. All property |
|
|
owned by the district: |
|
|
(1) shall be held for public purposes; and |
|
|
(2) is exempt from taxation of every character. (Acts |
|
|
60th Leg., R.S., Ch. 241, Sec. 17 (part).) |
|
|
[Sections 1050.007-1050.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1050.051.BOARD ELECTION AND APPOINTMENT; TERM. (a) |
|
|
The district is governed by a board of seven directors as follows: |
|
|
(1) four directors appointed by the Commissioners |
|
|
Court of Knox County to board positions 1 through 4, with one |
|
|
director appointed from each of the four county commissioner |
|
|
precincts as the precincts existed on May 22, 1967; and |
|
|
(2) three directors elected from the district at large |
|
|
to board positions 5 through 7. |
|
|
(b) Directors serve staggered two-year terms. |
|
|
(c) The Commissioners Court of Knox County shall appoint two |
|
|
successor directors on or before the first Saturday in April of each |
|
|
year. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 (part).) |
|
|
Sec.1050.052.NOTICE OF ELECTION. At least 10 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper of general circulation in Knox |
|
|
County. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 (part).) |
|
|
Sec.1050.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for elected |
|
|
director must file with the board secretary a petition requesting |
|
|
that action. The petition must: |
|
|
(1) be signed by at least 25 registered district |
|
|
voters; and |
|
|
(2) be filed at least 25 days before the date of the |
|
|
election. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 (part).) |
|
|
Sec.1050.054.QUALIFICATIONS FOR OFFICE. (a) A person is |
|
|
not qualified for appointment or election as a director unless the |
|
|
person: |
|
|
(1) is a district resident; |
|
|
(2) owns land subject to taxation by the district; and |
|
|
(3) is at least 18 years of age at the time of the |
|
|
appointment or election. |
|
|
(b) A person may not be appointed as a director for a |
|
|
commissioners precinct unless at the time of appointment the person |
|
|
is a resident of that commissioners precinct. (Acts 60th Leg., |
|
|
R.S., Ch. 241, Sec. 4 (part).) |
|
|
Sec. 1050.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 241, |
|
|
Sec. 4 (part).) |
|
|
Sec.1050.056.BOARD VACANCY. (a) If a vacancy occurs in |
|
|
the office of an elected director, the remaining directors shall |
|
|
appoint a director for the unexpired term. |
|
|
(b) If a vacancy occurs in the office of an appointed |
|
|
director, the Commissioners Court of Knox County shall appoint a |
|
|
director for the unexpired term. (Acts 60th Leg., R.S., Ch. 241, |
|
|
Sec. 4 (part).) |
|
|
Sec.1050.057.DIRECTOR RIGHTS, PRIVILEGES, AND DUTIES. |
|
|
The directors have identical rights, privileges, and duties in all |
|
|
matters concerning the board's business. (Acts 60th Leg., R.S., |
|
|
Ch. 241, Sec. 4 (part).) |
|
|
Sec.1050.058.OFFICERS. The board shall elect from among |
|
|
its members a president and a secretary. (Acts 60th Leg., R.S., Ch. |
|
|
241, Sec. 4 (part).) |
|
|
Sec.1050.059.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the board. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 |
|
|
(part).) |
|
|
Sec.1050.060.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 (part).) |
|
|
Sec.1050.061.EMPLOYEES. The board may employ a general |
|
|
manager, attorneys, bookkeepers, architects, or any other |
|
|
employees considered necessary for the efficient operation of the |
|
|
district. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 (part).) |
|
|
Sec.1050.062.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
Except as provided by Section 1050.055, all district records, |
|
|
including books, accounts, notices, minutes, and all other matters |
|
|
of the district and the operation of its facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at the district office |
|
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 |
|
|
(part).) |
|
|
Sec.1050.063.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 (part).) |
|
|
[Sections 1050.064-1050.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1050.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy and indigent residents. (Acts 60th Leg., R.S., |
|
|
Ch. 241, Secs. 2 (part), 13 (part).) |
|
|
Sec. 1050.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION AND DEBT. Knox County or a municipality in Knox County may |
|
|
not impose a tax on property in the district for hospital purposes. |
|
|
(Acts 60th Leg., R.S., Ch. 241, Sec. 13 (part).) |
|
|
Sec.1050.103.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval of the board, the rules may be published in |
|
|
booklet form at district expense and made available to any taxpayer |
|
|
on request. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 (part).) |
|
|
Sec.1050.104.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 |
|
|
(part).) |
|
|
Sec.1050.105.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 60th Leg., R.S., Ch. 241, Sec. |
|
|
10.) |
|
|
Sec.1050.106.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 241, Sec. |
|
|
15.) |
|
|
Sec.1050.107.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district to handle the |
|
|
inquiry determines that the patient or those relatives cannot pay |
|
|
all or part of the costs of the care and treatment in the hospital, |
|
|
the amount of the costs that cannot be paid becomes a charge against |
|
|
the district. |
|
|
(c) If the board determines that the patient or those |
|
|
relatives are liable to pay all or part of the costs of the |
|
|
patient's care and treatment, the patient or those relatives shall |
|
|
be ordered to pay to the district's treasurer a specified amount |
|
|
each week for the patient's support. The amount ordered must be |
|
|
proportionate to the person's financial ability and may not exceed |
|
|
the actual per capita cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district's designated agent, the board shall hold |
|
|
a hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) Either party to the dispute may appeal the order to the |
|
|
district court. (Acts 60th Leg., R.S., Ch. 241, Sec. 14.) |
|
|
Sec.1050.108.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court in this state. (Acts 60th Leg., R.S., Ch. 241, |
|
|
Sec. 17 (part).) |
|
|
[Sections 1050.109-1050.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1050.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 60th Leg., R.S., Ch. 241, Sec. 9 (part).) |
|
|
Sec.1050.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in Knox County not later than the |
|
|
10th day before the date of the hearing. |
|
|
(c) Any district taxpayer is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 60th Leg., R.S., Ch. 241, Sec. 9 (part).) |
|
|
Sec.1050.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. (Acts |
|
|
60th Leg., R.S., Ch. 241, Sec. 9 (part).) |
|
|
Sec.1050.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 each year, the audit shall be |
|
|
filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
|
241, Sec. 9 (part).) |
|
|
Sec.1050.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank in Knox County as the district's |
|
|
depository or treasurer. A designated bank serves for two years |
|
|
until a successor is designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 241, |
|
|
Secs. 5 (part), 11.) |
|
|
Sec.1050.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money at a rate of interest the board |
|
|
determines is appropriate. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; or |
|
|
(2) property acquired with the loan proceeds that is |
|
|
not pledged to pay the district's bonded indebtedness. |
|
|
(c) A loan authorized by this section must mature not later |
|
|
than the fifth anniversary of the date the loan is made. (Acts 60th |
|
|
Leg., R.S., Ch. 241, Sec. 6A.) |
|
|
[Sections 1050.157-1050.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1050.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 60th Leg., R.S., Ch. 241, Sec. 6 (part).) |
|
|
Sec.1050.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
|
create an interest and sinking fund to pay the principal of and |
|
|
interest on general obligation bonds issued by the district under |
|
|
Section 1050.201 as the bonds mature. |
|
|
(b) Except as provided by Section 1050.253, the tax required |
|
|
by this section together with any other ad valorem tax the district |
|
|
imposes may not in any year exceed 35 cents on each $100 valuation |
|
|
of all taxable property in the district. (Acts 60th Leg., R.S., Ch. |
|
|
241, Sec. 6 (part).) |
|
|
Sec.1050.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding election officers; |
|
|
(4) the purpose of the bond issuance; |
|
|
(5) the amount of the bonds to be authorized; |
|
|
(6) the maximum interest rate of the bonds; and |
|
|
(7) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in Knox County once each week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 14 days before the date of the |
|
|
election. (Acts 60th Leg., R.S., Ch. 241, Sec. 6 (part).) |
|
|
Sec.1050.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 241, |
|
|
Sec. 6 (part).) |
|
|
Sec.1050.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
60th Leg., R.S., Ch. 241, Sec. 6 (part).) |
|
|
[Sections 1050.206-1050.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1050.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds or other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 241, |
|
|
Secs. 5 (part), 9 (part).) |
|
|
Sec.1050.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 35 cents on each $100 valuation of taxable |
|
|
property in the district, unless the tax rate is increased as |
|
|
provided by Section 1050.253. (Acts 60th Leg., R.S., Ch. 241, Sec. |
|
|
5 (part).) |
|
|
Sec.1050.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
|
The board may order an election to increase the district's maximum |
|
|
tax rate to a rate not to exceed 75 cents on each $100 valuation of |
|
|
taxable property in the district. |
|
|
(b) The maximum tax rate may not be increased unless the |
|
|
increase is approved by a majority of the district voters voting in |
|
|
an election held for that purpose. |
|
|
(c) The board may order the election on its own motion. |
|
|
(d) The election order must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding election officers; and |
|
|
(4) the purpose of the election. |
|
|
(e) Notice of the election shall be given by publishing a |
|
|
substantial copy of the election order in a newspaper of general |
|
|
circulation in Knox County once a week for two consecutive weeks |
|
|
before the date of the election. The first publication must occur |
|
|
at least 14 days before the date of the election. (Acts 60th Leg., |
|
|
R.S., Ch. 241, Sec. 5 (part).) |
|
|
Sec.1050.254.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Knox County shall assess and collect taxes |
|
|
imposed by the district. (Acts 60th Leg., R.S., Ch. 241, Secs. 5 |
|
|
(part), 9 (part).) |
|
|
CHAPTER 1051. LAVACA HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1051.001. DEFINITIONS |
|
|
Sec. 1051.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1051.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1051.004. DISTRICT TERRITORY |
|
|
Sec. 1051.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1051.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1051.007. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1051.008-1051.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1051.051. BOARD ELECTION; TERM |
|
|
Sec. 1051.052. NOTICE OF ELECTION |
|
|
Sec. 1051.053. BALLOT PETITION |
|
|
Sec. 1051.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1051.055. BOARD VACANCY |
|
|
Sec. 1051.056. OFFICERS |
|
|
Sec. 1051.057. COMPENSATION; EXPENSES |
|
|
Sec. 1051.058. VOTING REQUIREMENT |
|
|
Sec. 1051.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1051.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1051.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1051.062. RETIREMENT BENEFITS |
|
|
[Sections 1051.063-1051.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1051.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1051.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1051.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1051.104. HOSPITAL SYSTEM |
|
|
Sec. 1051.105. RULES |
|
|
Sec. 1051.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1051.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1051.108. EMINENT DOMAIN |
|
|
Sec. 1051.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1051.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1051.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1051.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1051.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1051.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1051.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1051.116-1051.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1051.151. BUDGET |
|
|
Sec. 1051.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1051.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1051.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1051.155. FISCAL YEAR |
|
|
Sec. 1051.156. AUDIT |
|
|
Sec. 1051.157. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1051.158. FINANCIAL REPORT |
|
|
Sec. 1051.159. DEPOSITORY |
|
|
Sec. 1051.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1051.161-1051.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1051.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1051.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1051.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1051.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1051.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1051.206. REVENUE BONDS |
|
|
Sec. 1051.207. REFUNDING BONDS |
|
|
Sec. 1051.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1051.209-1051.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1051.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1051.252. TAX RATE |
|
|
Sec. 1051.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 1051.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
|
TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1051. LAVACA HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1051.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Lavaca Hospital District. |
|
|
(New.) |
|
|
Sec.1051.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is administered and financed in accordance with |
|
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
|
powers, and duties provided by this chapter. (Acts 64th Leg., R.S., |
|
|
Ch. 16, Sec. 1 (part).) |
|
|
Sec.1051.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 64th Leg., R.S., Ch. 16, Sec. 22 (part).) |
|
|
Sec.1051.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of the following |
|
|
school districts, all located in Lavaca County, as those boundaries |
|
|
existed on March 13, 1975: |
|
|
(1) Hallettsville Independent School District, |
|
|
including the Moravia School District No. 7; |
|
|
(2) Ezzell School District No. 54; |
|
|
(3) Vysehrad School District No. 29; |
|
|
(4) the part of the Oakland-Weimar Independent School |
|
|
Districts of Colorado County that is located in Lavaca County; and |
|
|
(5) the part of the Provident City Independent School |
|
|
District that is located in Lavaca County. (Acts 64th Leg., R.S., |
|
|
Ch. 16, Sec. 1 (part); New.) |
|
|
Sec.1051.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 64th Leg., R.S., Ch. 16, Sec. 24 (part).) |
|
|
Sec. 1051.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Sec. 21 (part).) |
|
|
Sec.1051.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 64th Leg., R.S., Ch. 16, Sec. 21 (part).) |
|
|
[Sections 1051.008-1051.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1051.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected from the district at large by |
|
|
place. |
|
|
(b) Directors serve staggered four-year terms. |
|
|
(c) An election shall be held on the uniform election date |
|
|
in May of each even-numbered year to elect the appropriate number of |
|
|
directors. (Acts 64th Leg., R.S., Ch. 16, Secs. 4(a) (part), (b) |
|
|
(part).) |
|
|
Sec.1051.052.NOTICE OF ELECTION. Not later than the 31st |
|
|
day before the date of an election of directors, notice of the |
|
|
election shall be published one time in a newspaper or newspapers |
|
|
that individually or collectively have general circulation in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 16, Sec. 4(b) (part).) |
|
|
Sec.1051.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must: |
|
|
(1) be signed by at least 10 voters; |
|
|
(2) specify the place for which the person is to be a |
|
|
candidate; and |
|
|
(3) be filed not later than the 31st day before the |
|
|
date of the election. (Acts 64th Leg., R.S., Ch. 16, Sec. 4(b) |
|
|
(part).) |
|
|
Sec.1051.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be elected or appointed as a director unless the person is: |
|
|
(1) a district resident; |
|
|
(2) a freeholder; and |
|
|
(3) a qualified voter. |
|
|
(b) A person is not eligible to serve as a director if the |
|
|
person is: |
|
|
(1) the district administrator; or |
|
|
(2) a district employee. (Acts 64th Leg., R.S., Ch. |
|
|
16, Sec. 4(c).) |
|
|
Sec.1051.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 16, |
|
|
Sec. 4(b) (part).) |
|
|
Sec.1051.056.OFFICERS. (a) The board shall elect: |
|
|
(1) a president and a vice president from among its |
|
|
members; and |
|
|
(2) a secretary, who need not be a director. |
|
|
(b) Each officer of the board serves for a term of one year. |
|
|
(c) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 64th Leg., R.S., Ch. 16, Sec. 4(d) (part).) |
|
|
Sec.1051.057.COMPENSATION; EXPENSES. 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. (Acts 64th Leg., R.S., Ch. |
|
|
16, Sec. 4(d) (part).) |
|
|
Sec.1051.058.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors is sufficient in any matter relating to |
|
|
district business. (Acts 64th Leg., R.S., Ch. 16, Sec. 4(d) |
|
|
(part).) |
|
|
Sec. 1051.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 64th Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
|
Sec.1051.060.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 affairs of the district. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
|
Sec.1051.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 64th Leg., R.S., Ch. 16, Secs. 5 (part), 17.) |
|
|
Sec.1051.062.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. (Acts 64th Leg., R.S., Ch. |
|
|
16, Sec. 6.) |
|
|
[Sections 1051.063-1051.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1051.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating all hospital facilities for |
|
|
providing medical and hospital care for the district's needy |
|
|
inhabitants. (Acts 64th Leg., R.S., Ch. 16, Sec. 20 (part).) |
|
|
Sec. 1051.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes or to provide medical care. (Acts 64th Leg., |
|
|
R.S., Ch. 16, Sec. 20 (part).) |
|
|
Sec.1051.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 64th Leg., R.S., Ch. |
|
|
16, Sec. 5 (part).) |
|
|
Sec.1051.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring by gift or |
|
|
otherwise, repairing, or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) domiciliary care and treatment of the sick, |
|
|
injured, or geriatric; |
|
|
(2) outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses; |
|
|
(6) domiciliaries and training centers; |
|
|
(7) blood banks; |
|
|
(8) community mental health centers; |
|
|
(9) research centers or laboratories; and |
|
|
(10) any other facilities the board considers |
|
|
necessary for hospital care. (Acts 64th Leg., R.S., Ch. 16, Secs. 2 |
|
|
(part), 11(a) (part).) |
|
|
Sec.1051.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 64th Leg., R.S., Ch. 16, Sec. |
|
|
5 (part).) |
|
|
Sec.1051.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Sec. 11(b) (part).) |
|
|
Sec. 1051.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. (Acts 64th Leg., |
|
|
R.S., Ch. 16, Secs. 11(a) (part), (b) (part).) |
|
|
Sec.1051.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 64th Leg., R.S., Ch. 16, Sec. 15.) |
|
|
Sec.1051.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 64th Leg., R.S., Ch. 16, Sec. |
|
|
19.) |
|
|
Sec.1051.110.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of more than $10,000 may be |
|
|
made only after advertising in the manner provided by Chapter 252 |
|
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Sec. 11(b) (part).) |
|
|
Sec.1051.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 64th Leg., R.S., Ch. 16, Sec. 11(a) |
|
|
(part).) |
|
|
Sec. 1051.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
|
Sec. 1051.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district |
|
|
to provide investigatory or other services for the medical, |
|
|
hospital, or welfare needs of district inhabitants. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
|
Sec.1051.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 64th Leg., R.S., Ch. 16, Sec. 18.) |
|
|
Sec.1051.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 64th Leg., R.S., Ch. |
|
|
16, Sec. 5 (part).) |
|
|
[Sections 1051.116-1051.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1051.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 64th Leg., |
|
|
R.S., Ch. 16, Sec. 7 (part).) |
|
|
Sec.1051.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published one time at |
|
|
least 10 days 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the taxpayers |
|
|
and that the law warrants. (Acts 64th Leg., R.S., Ch. 16, Sec. 7 |
|
|
(part).) |
|
|
Sec.1051.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 64th Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
|
Sec.1051.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 64th Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
|
Sec.1051.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) during a period that revenue bonds of the district |
|
|
are outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
|
Sec.1051.156.AUDIT. The board shall have an audit made of |
|
|
the district's financial condition. (Acts 64th Leg., R.S., Ch. 16, |
|
|
Sec. 7 (part).) |
|
|
Sec.1051.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 64th Leg., R.S., Ch. 16, |
|
|
Sec. 7 (part).) |
|
|
Sec.1051.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 64th Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
|
Sec.1051.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks in the district to serve as a depository for district |
|
|
money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1051.160(b), 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to: |
|
|
(1) place a part of district money on time deposit; |
|
|
(2) purchase certificates of deposit; or |
|
|
(3) invest a part of district money in a local |
|
|
government investment pool established in the Texas Treasury |
|
|
Safekeeping Trust Company. |
|
|
(d) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 64th Leg., R.S., Ch. 16, Sec. |
|
|
12.) |
|
|
Sec.1051.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1051.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 64th Leg., R.S., Ch. 16, Secs. 5 |
|
|
(part), 11(b) (part).) |
|
|
[Sections 1051.161-1051.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1051.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 64th Leg., R.S., Ch. 16, Sec. 8(a) (part).) |
|
|
Sec.1051.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1051.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 16, Sec. 8(a) (part).) |
|
|
Sec.1051.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 64th Leg., R.S., Ch. 16, |
|
|
Sec. 8(a) (part).) |
|
|
Sec.1051.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 16, |
|
|
Sec. 8(c) (part).) |
|
|
Sec.1051.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 64th Leg., |
|
|
R.S., Ch. 16, Sec. 8(c) (part).) |
|
|
Sec.1051.206.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
64th Leg., R.S., Ch. 16, Sec. 10 (part).) |
|
|
Sec.1051.207.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Secs. 8(a) (part), (b) (part), 10 (part).) |
|
|
Sec.1051.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Sec. 22 (part).) |
|
|
[Sections 1051.209-1051.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1051.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The board may not impose a tax to pay the principal of or |
|
|
interest on revenue bonds issued under Section 1051.206. (Acts |
|
|
64th Leg., R.S., Ch. 16, Secs. 13 (part), 16(a) (part).) |
|
|
Sec.1051.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 64th |
|
|
Leg., R.S., Ch. 16, Secs. 3(b) (part), 13 (part).) |
|
|
Sec. 1051.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
|
elects to have taxes assessed and collected under Section 1051.254. |
|
|
(b) The tax assessor-collector of Lavaca County shall |
|
|
assess and collect taxes imposed by the district. (Acts 64th Leg., |
|
|
R.S., Ch. 16, Secs. 16(a) (part), (b) (part).) |
|
|
Sec. 1051.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
|
assessed and collected by a tax assessor-collector appointed by the |
|
|
board. An election under this subsection must be made by December 1 |
|
|
and governs the manner in which taxes are assessed and collected, |
|
|
until changed by a similar resolution. |
|
|
(b) The district tax assessor-collector must: |
|
|
(1) reside in the district; and |
|
|
(2) own real property subject to district taxation. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the term of employment; and |
|
|
(2) compensation. (Acts 64th Leg., R.S., Ch. 16, |
|
|
Secs. 16(a) (part), (c) (part).) |
|
|
CHAPTER 1052. LOCKNEY GENERAL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1052.001. DEFINITIONS |
|
|
Sec. 1052.002. AUTHORITY FOR CREATION |
|
|
Sec. 1052.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1052.004. DISTRICT TERRITORY |
|
|
Sec. 1052.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1052.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
[Sections 1052.007-1052.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1052.051. BOARD ELECTION; TERM |
|
|
Sec. 1052.052. NOTICE OF ELECTION |
|
|
Sec. 1052.053. BALLOT PETITION |
|
|
Sec. 1052.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1052.055. BOARD VACANCY |
|
|
Sec. 1052.056. OFFICERS |
|
|
Sec. 1052.057. COMPENSATION; EXPENSES |
|
|
Sec. 1052.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1052.059. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1052.060. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
[Sections 1052.061-1052.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1052.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1052.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1052.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1052.104. HOSPITAL SYSTEM |
|
|
Sec. 1052.105. RULES |
|
|
Sec. 1052.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1052.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1052.108. EMINENT DOMAIN |
|
|
Sec. 1052.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1052.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1052.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1052.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1052.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
|
Sec. 1052.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1052.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1052.116-1052.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1052.151. BUDGET |
|
|
Sec. 1052.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1052.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1052.154. FISCAL YEAR |
|
|
Sec. 1052.155. AUDIT |
|
|
Sec. 1052.156. INSPECTION OF AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1052.157. FINANCIAL REPORT |
|
|
Sec. 1052.158. DEPOSITORY |
|
|
Sec. 1052.159. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1052.160-1052.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1052.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1052.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1052.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1052.204. REVENUE BONDS |
|
|
Sec. 1052.205. REFUNDING BONDS |
|
|
Sec. 1052.206. MATURITY OF BONDS |
|
|
Sec. 1052.207. EXECUTION OF BONDS |
|
|
Sec. 1052.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1052.209-1052.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1052.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1052.252. TAX RATE |
|
|
Sec. 1052.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1052. LOCKNEY GENERAL HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1052.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Lockney General Hospital |
|
|
District. (Acts 63rd Leg., R.S., Ch. 58, Sec. 1 (part); New.) |
|
|
Sec.1052.002.AUTHORITY FOR CREATION. The district is |
|
|
created under the authority of Section 9, Article IX, Texas |
|
|
Constitution. The district has the rights, powers, and duties |
|
|
conferred by this chapter and general laws relating to hospital |
|
|
districts. (Acts 63rd Leg., R.S., Ch. 58, Secs. 1 (part), 2 |
|
|
(part).) |
|
|
Sec.1052.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
|
performs an essential public function in carrying out the purposes |
|
|
of this chapter. (Acts 63rd Leg., R.S., Ch. 58, Sec. 22 (part).) |
|
|
Sec.1052.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of County |
|
|
Commissioners Precinct No. 2 of Floyd County as those boundaries |
|
|
existed on January 1, 1973. (Acts 63rd Leg., R.S., Ch. 58, Sec. 1 |
|
|
(part).) |
|
|
Sec.1052.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 63rd Leg., R.S., Ch. 58, Sec. 24 (part).) |
|
|
Sec. 1052.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Sec. 21 (part).) |
|
|
[Sections 1052.007-1052.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1052.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of five directors elected from the district at large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) the terms of three directors expire in |
|
|
odd-numbered years and the terms of two directors expire in |
|
|
even-numbered years. |
|
|
(c) The election order must state the time, place, and |
|
|
purpose of the election. |
|
|
(d) A director may not serve more than three successive |
|
|
terms. (Acts 63rd Leg., R.S., Ch. 58, Secs. 4(a) (part), (b) |
|
|
(part).) |
|
|
Sec.1052.052.NOTICE OF ELECTION. At least five days |
|
|
before the date of an election of directors, notice of the election |
|
|
shall be published one time in a newspaper of general circulation in |
|
|
the area of the district. (Acts 63rd Leg., R.S., Ch. 58, Sec. 4(a) |
|
|
(part).) |
|
|
Sec.1052.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by at least 10 registered voters; and |
|
|
(2) filed at least 25 days before the date of the |
|
|
election. (Acts 63rd Leg., R.S., Ch. 58, Sec. 4(a) (part).) |
|
|
Sec.1052.054.QUALIFICATIONS FOR OFFICE. To be eligible |
|
|
to hold office as a director, a person must be a resident |
|
|
property-owning taxpaying voter of the district. (Acts 63rd Leg., |
|
|
R.S., Ch. 58, Sec. 4(b) (part).) |
|
|
Sec.1052.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors by majority vote shall |
|
|
appoint a director for the unexpired term. (Acts 63rd Leg., R.S., |
|
|
Ch. 58, Sec. 4(a) (part).) |
|
|
Sec.1052.056.OFFICERS. (a) The board shall elect from |
|
|
among its members a president, vice president, secretary, and other |
|
|
officers as in the judgment of the board are necessary. |
|
|
(b) The president is the chief executive officer of the |
|
|
district and has the same right to vote as any other director. |
|
|
(c) If the president is absent or fails and declines to act, |
|
|
the vice president shall perform the president's duties and |
|
|
exercise the president's powers under this chapter. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Sec. 4(b) (part).) |
|
|
Sec.1052.057.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may receive actual expenses incurred in |
|
|
attending to district business on approval of the expenses by the |
|
|
remainder of the board. (Acts 63rd Leg., R.S., Ch. 58, Sec. 4(b) |
|
|
(part).) |
|
|
Sec. 1052.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) On assuming the duties of district administrator, the |
|
|
administrator shall execute a bond payable to the district in an |
|
|
amount set by the board of not less than $5,000 that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 63rd Leg., R.S., Ch. 58, Sec. 5 (part).) |
|
|
Sec.1052.059.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 affairs of the district. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Sec. 5 (part).) |
|
|
Sec.1052.060.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The board shall determine the type, number, and location |
|
|
of district employees required to maintain an adequate hospital |
|
|
system. The board may employ fiscal agents, accountants, |
|
|
architects, attorneys, and other employees the board considers |
|
|
proper. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to hire district employees, including technicians and |
|
|
nurses. (Acts 63rd Leg., R.S., Ch. 58, Secs. 5 (part), 10(a) |
|
|
(part), 17.) |
|
|
[Sections 1052.061-1052.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1052.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing hospital care for the district's |
|
|
indigent residents. (Acts 63rd Leg., R.S., Ch. 58, Sec. 20 (part).) |
|
|
Sec. 1052.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes for the area of the district or to provide |
|
|
medical care for district inhabitants. (Acts 63rd Leg., R.S., Ch. |
|
|
58, Sec. 20 (part).) |
|
|
Sec.1052.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
(a) The board shall manage, control, and administer the hospital |
|
|
system and the district's money and resources. |
|
|
(b) Unless specifically stated otherwise in this chapter, |
|
|
the board has the power to do anything which, in their opinion, is |
|
|
necessary for the good maintenance, operation, and welfare of the |
|
|
district and the district's employees, patients, and property. |
|
|
(Acts 63rd Leg., R.S., Ch. 58, Secs. 5 (part), 21 (part).) |
|
|
Sec.1052.104.HOSPITAL SYSTEM. (a) The district shall |
|
|
provide for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. |
|
|
(b) The hospital system may include: |
|
|
(1) facilities for domiciliary care of the sick, |
|
|
injured, or geriatric; |
|
|
(2) facilities for outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses' domiciliaries and training |
|
|
centers; |
|
|
(6) blood banks; |
|
|
(7) research centers or laboratories; and |
|
|
(8) ambulances and other facilities or services the |
|
|
board considers necessary for hospital care. (Acts 63rd Leg., |
|
|
R.S., Ch. 58, Secs. 2 (part), 10(a) (part).) |
|
|
Sec.1052.105.RULES. The board may adopt rules governing |
|
|
the operation of the hospital, the hospital system, and the |
|
|
district's staff and employees. (Acts 63rd Leg., R.S., Ch. 58, Sec. |
|
|
5 (part).) |
|
|
Sec.1052.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Sec. 11 (part).) |
|
|
Sec. 1052.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type of equipment and |
|
|
the type, number, and location of buildings required to maintain an |
|
|
adequate hospital system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. The board may not sell |
|
|
or dispose of any real property unless the board affirmatively |
|
|
finds that the real property is not needed for the operation of the |
|
|
hospital system. (Acts 63rd Leg., R.S., Ch. 58, Secs. 10(a) (part), |
|
|
(b) (part), 11 (part).) |
|
|
Sec.1052.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary for the district to exercise |
|
|
a power, right, or privilege conferred by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 63rd Leg., R.S., Ch. 58, Sec. 15.) |
|
|
Sec.1052.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment for hospital purposes to be |
|
|
held in trust and administered by the board for the purposes and |
|
|
under the directions, limitations, or other provisions prescribed |
|
|
in writing by the donor that are not inconsistent with the proper |
|
|
management and objectives of the district. (Acts 63rd Leg., R.S., |
|
|
Ch. 58, Sec. 19.) |
|
|
Sec.1052.110.CONSTRUCTION CONTRACTS. A construction |
|
|
contract that involves the expenditure of more than $2,000 may be |
|
|
made only after advertising in the manner provided by Chapter 252 |
|
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Sec. 11 (part).) |
|
|
Sec.1052.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 63rd Leg., R.S., Ch. 58, Sec. 10(b) |
|
|
(part).) |
|
|
Sec. 1052.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Sec. 5 (part).) |
|
|
Sec. 1052.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
|
political subdivision or governmental agency for the district to |
|
|
provide investigatory or other services for the medical, hospital, |
|
|
or welfare needs of district inhabitants. (Acts 63rd Leg., R.S., |
|
|
Ch. 58, Sec. 5 (part).) |
|
|
Sec.1052.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) The final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 63rd Leg., R.S., Ch. 58, Sec. 18.) |
|
|
Sec.1052.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 63rd Leg., R.S., Ch. |
|
|
58, Sec. 5 (part).) |
|
|
[Sections 1052.116-1052.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1052.151.BUDGET. (a) The district administrator |
|
|
shall prepare an annual budget for approval by the board. |
|
|
(b) The proposed budget must contain a complete financial |
|
|
statement of: |
|
|
(1) the outstanding obligations of the district; |
|
|
(2) the cash on hand in each district fund; |
|
|
(3) the money received by the district from all |
|
|
sources during the previous year; |
|
|
(4) the money available to the district from all |
|
|
sources during the ensuing year; |
|
|
(5) the balances expected at the end of the year in |
|
|
which the budget is being prepared; |
|
|
(6) the estimated revenue and balances available to |
|
|
cover the proposed budget; |
|
|
(7) the estimated tax rate required; and |
|
|
(8) the proposed expenditures and disbursements and |
|
|
the estimated receipts and collections for the following fiscal |
|
|
year. (Acts 63rd Leg., R.S., Ch. 58, Sec. 6(a) (part).) |
|
|
Sec.1052.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) At least 10 days before the date of the hearing, notice |
|
|
of the hearing shall be published one time in a newspaper or |
|
|
newspapers that individually or collectively have general |
|
|
circulation in the district. |
|
|
(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 final budget by acting on the budget proposed by the district |
|
|
administrator. The board may make any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers and that the law warrants. (Acts 63rd Leg., R.S., Ch. 58, |
|
|
Secs. 6(a) (part), (b) (part).) |
|
|
Sec.1052.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 63rd Leg., R.S., Ch. 58, Sec. 6(b) (part).) |
|
|
Sec.1052.154.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed more than once in a |
|
|
24-month period. (Acts 63rd Leg., R.S., Ch. 58, Sec. 6(a) (part).) |
|
|
Sec.1052.155.AUDIT. (a) The board shall have an |
|
|
independent audit made of the district's financial condition for |
|
|
the fiscal year. |
|
|
(b) As soon as the audit is completed, the audit shall be |
|
|
filed at the district's principal office. (Acts 63rd Leg., R.S., |
|
|
Ch. 58, Sec. 6(a) (part).) |
|
|
Sec.1052.156.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 63rd Leg., R.S., Ch. 58, |
|
|
Sec. 6(a) (part).) |
|
|
Sec.1052.157.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 63rd Leg., R.S., Ch. 58, Sec. 6(b) (part).) |
|
|
Sec.1052.158.DEPOSITORY. (a) The board shall select one |
|
|
or more banks inside or outside the district to serve as a |
|
|
depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1052.159(b), 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. |
|
|
(c) This chapter, including Subsection (b), does not limit |
|
|
the power of the board to place a part of district money on time |
|
|
deposit or to purchase certificates of deposit. (Acts 63rd Leg., |
|
|
R.S., Ch. 58, Sec. 12.) |
|
|
Sec.1052.159.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as otherwise provided by Section 1052.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 63rd Leg., R.S., Ch. 58, Secs. 5 |
|
|
(part), 11 (part).) |
|
|
[Sections 1052.160-1052.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1052.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 63rd Leg., R.S., Ch. 58, Sec. 7 (part).) |
|
|
Sec.1052.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1052.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
tax rate approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 63rd Leg., R.S., Ch. 58, Sec. 7 |
|
|
(part).) |
|
|
Sec.1052.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters. |
|
|
(b) The order calling the election shall provide for clerks |
|
|
as in county elections and must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding and alternate election judges for |
|
|
each polling place; |
|
|
(4) the amount of the bonds to be authorized; |
|
|
(5) the maximum maturity of the bonds; and |
|
|
(6) the maximum interest rate of the bonds. |
|
|
(c) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. (Acts 63rd Leg., R.S., Ch. 58, |
|
|
Sec. 7 (part).) |
|
|
Sec.1052.204.REVENUE BONDS. (a) The board may, without |
|
|
an election, issue revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the |
|
|
district's hospitals. |
|
|
(c) The bonds may be additionally secured by a mortgage or |
|
|
deed of trust lien on all or part of district property. |
|
|
(d) The bonds must be issued in the manner and in accordance |
|
|
with the procedures and requirements prescribed by Sections |
|
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
|
63rd Leg., R.S., Ch. 58, Secs. 7 (part), 8(b) (part).) |
|
|
Sec.1052.205.REFUNDING BONDS. (a) The board may, without |
|
|
an election, issue refunding bonds to refund outstanding |
|
|
indebtedness issued or assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Secs. 7 (part), 8(a) (part), (b) (part).) |
|
|
Sec.1052.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
63rd Leg., R.S., Ch. 58, Sec. 9 (part).) |
|
|
Sec.1052.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 63rd Leg., |
|
|
R.S., Ch. 58, Sec. 9 (part).) |
|
|
Sec.1052.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Sec. 22 (part).) |
|
|
[Sections 1052.209-1052.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1052.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds and other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system, based on the final budget; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 63rd Leg., R.S., Ch. 58, |
|
|
Secs. 3 (part), 13(a) (part).) |
|
|
Sec.1052.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
|
property in the district. |
|
|
(b) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 63rd |
|
|
Leg., R.S., Ch. 58, Secs. 3 (part), 13(a) (part), (b) (part).) |
|
|
Sec.1052.253.TAX ASSESSOR-COLLECTOR. (a) The board |
|
|
shall appoint a tax assessor-collector to assess and collect taxes |
|
|
imposed by the district. |
|
|
(b) The district tax assessor-collector is not required to |
|
|
reside in the district. |
|
|
(c) The board shall set for the district tax |
|
|
assessor-collector: |
|
|
(1) the terms of employment; and |
|
|
(2) compensation. (Acts 63rd Leg., R.S., Ch. 58, Sec. |
|
|
16 (part).) |
|
|
CHAPTER 1053. LUBBOCK COUNTY HOSPITAL DISTRICT OF LUBBOCK COUNTY, |
|
|
TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1053.001. DEFINITIONS |
|
|
Sec. 1053.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1053.003. DISTRICT TERRITORY |
|
|
Sec. 1053.004. DISTRICT SUPPORT, MAINTENANCE, AND DEBT |
|
|
NOT STATE OBLIGATION |
|
|
Sec. 1053.005. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1053.006-1053.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1053.051. BOARD APPOINTMENT; TERM |
|
|
Sec. 1053.052. EX OFFICIO MANAGER |
|
|
Sec. 1053.053. OFFICERS |
|
|
Sec. 1053.054. COMPENSATION |
|
|
Sec. 1053.055. RECORDS OF PROCEEDINGS |
|
|
Sec. 1053.056. DISTRICT ADMINISTRATOR |
|
|
Sec. 1053.057. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1053.058. ASSISTANT ADMINISTRATOR |
|
|
Sec. 1053.059. LEGAL COUNSEL |
|
|
Sec. 1053.060. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1053.061. RETIREMENT PROGRAM |
|
|
Sec. 1053.062. SEAL |
|
|
[Sections 1053.063-1053.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1053.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1053.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1053.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1053.104. HOSPITAL SYSTEM |
|
|
Sec. 1053.105. RULES |
|
|
Sec. 1053.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1053.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1053.108. EMINENT DOMAIN |
|
|
Sec. 1053.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1053.110. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1053.111. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1053.112. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1053.113-1053.150 reserved for expansion] |
|
|
SUBCHAPTER D. SALE OR LEASE OF CERTAIN FACILITY |
|
|
Sec. 1053.151. DEFINITION |
|
|
Sec. 1053.152. RESOLUTION; SALE OR LEASE OF FACILITY |
|
|
Sec. 1053.153. ELECTION |
|
|
Sec. 1053.154. BALLOT |
|
|
Sec. 1053.155. DISCLOSURE OF SALE OR LEASE TERMS |
|
|
Sec. 1053.156. DISCLOSURE OF FINANCIAL INTEREST |
|
|
Sec. 1053.157. DISCLOSURE; PUBLIC RECORD |
|
|
Sec. 1053.158. ELECTION CANCELLATION |
|
|
Sec. 1053.159. SUBSEQUENT ELECTIONS |
|
|
Sec. 1053.160. SALE OR LEASE NOT INVALID |
|
|
Sec. 1053.161. CRIMINAL PENALTY |
|
|
[Sections 1053.162-1053.200 reserved for expansion] |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1053.201. BUDGET |
|
|
Sec. 1053.202. FINANCIAL REPORT |
|
|
Sec. 1053.203. DEPOSITORY |
|
|
Sec. 1053.204. WARRANTS |
|
|
[Sections 1053.205-1053.250 reserved for expansion] |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 1053.251. GENERAL OBLIGATION BONDS |
|
|
Sec. 1053.252. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1053.253. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1053.254. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1053.255. REFUNDING BONDS |
|
|
[Sections 1053.256-1053.300 reserved for expansion] |
|
|
SUBCHAPTER G. TAXES |
|
|
Sec. 1053.301. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1053.302. TAX RATE |
|
|
Sec. 1053.303. COUNTY TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1053. LUBBOCK COUNTY HOSPITAL DISTRICT OF LUBBOCK COUNTY, |
|
|
TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1053.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of hospital managers of |
|
|
the district. |
|
|
(2) "Commissioners court" means the Commissioners |
|
|
Court of Lubbock County. |
|
|
(3) "District" means the Lubbock County Hospital |
|
|
District of Lubbock County, Texas. |
|
|
(4) "Manager" means a member of the board. (New.) |
|
|
Sec.1053.002.AUTHORITY FOR OPERATION. The district |
|
|
operates under the authority of Section 9, Article IX, Texas |
|
|
Constitution. (Acts 60th Leg., R.S., Ch. 484, Sec. 1 (part).) |
|
|
Sec.1053.003.DISTRICT TERRITORY. (a) The boundaries of |
|
|
the district are coextensive with the boundaries of Lubbock County, |
|
|
Texas, as the boundaries of Lubbock County appear of record |
|
|
according to the field notes and plats on file in the county clerk's |
|
|
office. |
|
|
(b) The boundaries of the district described by Subsection |
|
|
(a) form a closure. An error in copying the description does not |
|
|
affect the validity of the district. (Acts 60th Leg., R.S., Ch. |
|
|
484, Secs. 1 (part), 2.) |
|
|
Sec. 1053.004. DISTRICT SUPPORT, MAINTENANCE, AND DEBT NOT |
|
|
STATE OBLIGATION. The support and maintenance of the district's |
|
|
hospital system, including medical or other health facilities, and |
|
|
any indebtedness incurred by the district under this chapter may |
|
|
not become a charge against or obligation of this state. (Acts 60th |
|
|
Leg., R.S., Ch. 484, Sec. 21 (part).) |
|
|
Sec.1053.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 21 (part).) |
|
|
[Sections 1053.006-1053.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1053.051.BOARD APPOINTMENT; TERM. (a) The board |
|
|
consists of not fewer than five and not more than seven managers |
|
|
appointed as follows: |
|
|
(1) one ex officio manager appointed by the Texas Tech |
|
|
University Board of Regents; and |
|
|
(2) the remaining managers appointed by the |
|
|
commissioners court. |
|
|
(b) Managers serve two-year terms. The terms may overlap. |
|
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) (part).) |
|
|
Sec.1053.052.EX OFFICIO MANAGER. (a) The ex officio |
|
|
manager has all powers of another manager, except the ex officio |
|
|
manager may not vote. |
|
|
(b) The ex officio manager shall: |
|
|
(1) attend executive sessions of the board; and |
|
|
(2) have access to all documents reviewed or |
|
|
considered by the board or its staff. (Acts 60th Leg., R.S., Ch. |
|
|
484, Sec. 8(a) (part).) |
|
|
Sec.1053.053.OFFICERS. (a) The board shall select from |
|
|
among the managers a presiding officer, who shall preside over the |
|
|
board. |
|
|
(b) A presiding officer pro tem shall preside in the absence |
|
|
of the presiding officer. |
|
|
(c) The district administrator or any manager may be |
|
|
appointed secretary. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(e) |
|
|
(part).) |
|
|
Sec.1053.054.COMPENSATION. A manager serves without pay. |
|
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) (part).) |
|
|
Sec.1053.055.RECORDS OF PROCEEDINGS. (a) The secretary |
|
|
shall keep suitable records of all proceedings of each board |
|
|
meeting. |
|
|
(b) After each meeting: |
|
|
(1) the manager presiding at the meeting shall read |
|
|
and sign the record; and |
|
|
(2) the secretary shall attest the record. (Acts |
|
|
60th Leg., R.S., Ch. 484, Sec. 8(e) (part).) |
|
|
Sec.1053.056.DISTRICT ADMINISTRATOR. (a) The board |
|
|
shall appoint a general manager qualified by training and |
|
|
experience as the district administrator. |
|
|
(b) The district administrator serves for a term not to |
|
|
exceed two years and is entitled to receive the compensation |
|
|
determined by the board. |
|
|
(c) The board may remove the district administrator at any |
|
|
time. |
|
|
(d) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond payable to the district in an |
|
|
amount of not less than $10,000 that: |
|
|
(1) is conditioned on the administrator performing |
|
|
well and faithfully the administrator's required duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 8(b) (part).) |
|
|
Sec.1053.057.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
|
Subject to the limitations prescribed by the board, the district |
|
|
administrator shall: |
|
|
(1) perform the duties required by the board; |
|
|
(2) supervise the work and activities of the district; |
|
|
and |
|
|
(3) direct the affairs of the district. (Acts 60th |
|
|
Leg., R.S., Ch. 484, Sec. 8(b) (part).) |
|
|
Sec.1053.058.ASSISTANT ADMINISTRATOR. (a) The board may |
|
|
designate an assistant administrator to discharge a duty or |
|
|
function of the district administrator in the event of the |
|
|
administrator's incapacity, absence, or inability to discharge the |
|
|
duty or function. |
|
|
(b) The assistant administrator shall post the bond |
|
|
required by board order. |
|
|
(c) The assistant administrator is subject to the |
|
|
limitations prescribed by board order. (Acts 60th Leg., R.S., Ch. |
|
|
484, Sec. 12.) |
|
|
Sec.1053.059.LEGAL COUNSEL. (a) The appropriate county, |
|
|
district, or criminal district attorney charged with representing |
|
|
Lubbock County in civil matters shall represent the district in all |
|
|
legal matters. |
|
|
(b) The district shall contribute sufficient money to the |
|
|
Lubbock County general fund for the account designated for the |
|
|
appropriate attorney described in Subsection (a) to pay all |
|
|
additional salaries and expenses incurred by the attorney in |
|
|
performing the duties required by the district. |
|
|
(c) The board may employ additional legal counsel the board |
|
|
considers advisable. (Acts 60th Leg., R.S., Ch. 484, Sec. 17.) |
|
|
Sec.1053.060.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors and employ any |
|
|
technicians, nurses, and other employees considered advisable for |
|
|
the efficient operation of the hospital or hospital system, |
|
|
including medical or other health facilities. |
|
|
(b) A contract or term of employment under Subsection (a) |
|
|
may not exceed two years. (Acts 60th Leg., R.S., Ch. 484, Sec. |
|
|
8(c).) |
|
|
Sec.1053.061.RETIREMENT PROGRAM. (a) With the approval |
|
|
of the commissioners court, the board may contract with this state |
|
|
or the federal government as necessary to establish or continue a |
|
|
retirement program for the benefit of district employees. |
|
|
(b) The board may establish other retirement programs for |
|
|
the benefit of district employees as it considers necessary and |
|
|
advisable. (Acts 60th Leg., R.S., Ch. 484, Secs. 8(d) (part), 9.) |
|
|
Sec.1053.062.SEAL. The board shall have a seal engraved |
|
|
with the district's name to authenticate the acts of the board. The |
|
|
secretary of the board shall keep the seal. (Acts 60th Leg., R.S., |
|
|
Ch. 484, Sec. 8(e) (part).) |
|
|
[Sections 1053.063-1053.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1053.101.DISTRICT RESPONSIBILITY. (a) The district |
|
|
has full responsibility for providing medical and hospital care for |
|
|
the district's needy and indigent residents. |
|
|
(b) The district shall provide all necessary medical and |
|
|
hospital care for the district's needy inhabitants. |
|
|
(c) The district has full responsibility for providing |
|
|
medical and hospital care for the district's residents and needy |
|
|
inhabitants. (Acts 60th Leg., R.S., Ch. 484, Secs. 1 (part), 3 |
|
|
(part), 18 (part).) |
|
|
Sec. 1053.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision, other than the |
|
|
district, may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes or to provide medical care in the district. |
|
|
(Acts 60th Leg., R.S., Ch. 484, Secs. 1 (part), 3 (part), 18 |
|
|
(part).) |
|
|
Sec.1053.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital or |
|
|
hospital system, including medical or other health facilities of |
|
|
the district. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) (part).) |
|
|
Sec.1053.104.HOSPITAL SYSTEM. (a) The district has the |
|
|
responsibility to establish a hospital or hospital system, |
|
|
including medical or other health facilities within its boundaries |
|
|
to provide hospital and medical care to the district's residents. |
|
|
(b) Subject to approval of the commissioners court, the |
|
|
district may provide primary care, emergency services, preventive |
|
|
medicine services, and other health-related services outside the |
|
|
district, provided the activities fulfill the purposes of the |
|
|
district under Subsection (a) and Section 1053.101(b). (Acts 60th |
|
|
Leg., R.S., Ch. 484, Sec. 3 (part).) |
|
|
Sec.1053.105.RULES. The board may adopt rules for the |
|
|
operation of the hospital or hospital system, including medical or |
|
|
other health facilities. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1053.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The commissioners court may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. |
|
|
(b) The commissioners court by resolution or order may |
|
|
delegate to the board a power described by Subsection (a). |
|
|
(c) The district shall pay the salaries and expenses |
|
|
necessarily incurred by Lubbock County or by an officer or agent of |
|
|
the county in performing a duty prescribed or required by this |
|
|
section. |
|
|
(d) An officer, employee, or agent of Lubbock County shall |
|
|
perform any function or service prescribed by the commissioners |
|
|
court under this section. (Acts 60th Leg., R.S., Ch. 484, Sec. 11.) |
|
|
Sec. 1053.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) Subject to Subchapter D and to approval by the |
|
|
commissioners court, the board may: |
|
|
(1) construct, condemn, purchase, acquire, lease, add |
|
|
to, maintain, operate, develop, regulate, sell, exchange, and |
|
|
convey any land, property, property rights, equipment, hospital |
|
|
facilities and systems for the maintenance of hospitals, buildings, |
|
|
structures, and any other facility or service the district requires |
|
|
or has available to sell, lease, or exchange; |
|
|
(2) cooperate and contract with any of the following |
|
|
to effect a power described by Subdivision (1): |
|
|
(A) the United States government; |
|
|
(B) this state; |
|
|
(C) a municipality; |
|
|
(D) a hospital district; |
|
|
(E) a department of a governing body described by |
|
|
Subparagraphs (A)-(D); or |
|
|
(F) a privately owned or operated hospital, |
|
|
corporate or otherwise, in the district; and |
|
|
(3) provide office space, equipment, supplies, and |
|
|
services for the use of the Lubbock County medical examiner's |
|
|
office for medical, hospital, or other purposes unrelated to a |
|
|
criminal investigation. |
|
|
(b) A contract under Subsection (a)(2) must, in the opinion |
|
|
of the board and the commissioners court, be expedient and |
|
|
advantageous to the district under existing circumstances, and for |
|
|
fair and reasonable compensation and on terms and for a length of |
|
|
time that furthers and assists the district in performing its duty |
|
|
to provide medical and hospital care to needy inhabitants of |
|
|
Lubbock County. (Acts 60th Leg., R.S., Ch. 484, Sec. 10.) |
|
|
Sec.1053.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 60th Leg., R.S., Ch. 484, Sec. |
|
|
14.) |
|
|
Sec.1053.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 484, |
|
|
Sec. 20.) |
|
|
Sec. 1053.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. The board, with the approval of the |
|
|
commissioners court, may contract with: |
|
|
(1) a county for the care and treatment of a sick or |
|
|
injured person of that county; and |
|
|
(2) this state or a federal agency for the care and |
|
|
treatment of a sick or injured person for whom the state or agency |
|
|
is responsible. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(d) (part).) |
|
|
Sec.1053.111.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient is admitted to a district facility, the district |
|
|
administrator shall have an inquiry made into the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives are liable for all or part of the costs |
|
|
of the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district's treasurer a specified amount |
|
|
each week for the patient's support. The amount ordered must be |
|
|
proportionate to the person's financial ability and may not exceed |
|
|
the actual per capita cost of maintenance. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the county court shall |
|
|
hold a hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) Either party to the dispute may appeal the order to the |
|
|
district court. (Acts 60th Leg., R.S., Ch. 484, Sec. 19.) |
|
|
Sec.1053.112.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) (part).) |
|
|
[Sections 1053.113-1053.150 reserved for expansion] |
|
|
SUBCHAPTER D. SALE OR LEASE OF CERTAIN FACILITY |
|
|
Sec.1053.151.DEFINITION. In this subchapter, "hospital |
|
|
official" means the following officers or employees, or their |
|
|
equivalent, of the teaching hospital described by Section |
|
|
1053.152(a): |
|
|
(1) the executive director; |
|
|
(2) the president; |
|
|
(3) the chief executive officer; |
|
|
(4) the chief operating officer; |
|
|
(5) the chief financial officer; |
|
|
(6) any vice president; and |
|
|
(7) any other officer. (Acts 60th Leg., R.S., Ch. 484, |
|
|
Sec. 10A(a)(1).) |
|
|
Sec.1053.152.RESOLUTION; SALE OR LEASE OF FACILITY. (a) |
|
|
Subject to Subsection (c) and the approval of the commissioners |
|
|
court, the board by resolution may order the sale or lease of a |
|
|
facility that is: |
|
|
(1) owned and operated by the district as a teaching |
|
|
hospital; and |
|
|
(2) located on the campus of Texas Tech University. |
|
|
(b) The resolution must include a finding by the board that |
|
|
the sale or lease: |
|
|
(1) is in the best interests of district residents; |
|
|
and |
|
|
(2) will not financially benefit a hospital official, |
|
|
other than from the continuation of a compensation package existing |
|
|
before the date of the sale or lease. |
|
|
(c) The board may sell or lease the facility only if: |
|
|
(1) no hospital official has made a disclosure under |
|
|
Sections 1053.156 and 1053.157 at any time before the date of the |
|
|
sale or lease; and |
|
|
(2) a majority of the votes cast at an election held |
|
|
under this subchapter approves the sale or lease. (Acts 60th Leg., |
|
|
R.S., Ch. 484, Secs. 10A(b) (part), (j).) |
|
|
Sec.1053.153.ELECTION. (a) As soon as possible after the |
|
|
board adopts a resolution under Section 1053.152, the commissioners |
|
|
court shall order an election on the question of selling or leasing |
|
|
the facility. |
|
|
(b) The election shall be held on the first authorized |
|
|
uniform election date prescribed by Subchapter A, Chapter 41, |
|
|
Election Code, that complies with Section 3.005, Election Code. |
|
|
(Acts 60th Leg., R.S., Ch. 484, Secs. 10A(b) (part), (c).) |
|
|
Sec.1053.154.BALLOT. The ballot for an election under |
|
|
this subchapter shall be printed to permit voting for or against the |
|
|
proposition: "Approving the ________ (sale or lease, as |
|
|
appropriate) of __________ (name of facility)." (Acts 60th Leg., |
|
|
R.S., Ch. 484, Sec. 10A(d).) |
|
|
Sec.1053.155.DISCLOSURE OF SALE OR LEASE TERMS. The |
|
|
presiding officer of the board shall disclose the terms of the |
|
|
proposed sale or lease of a facility described by Section 1053.152 |
|
|
not later than the 30th day before the date of an election held |
|
|
under this subchapter. The disclosure must include both oral and |
|
|
written agreements relating to the sale or lease. (Acts 60th Leg., |
|
|
R.S., Ch. 484, Sec. 10A(e).) |
|
|
Sec.1053.156.DISCLOSURE OF FINANCIAL INTEREST. (a) In |
|
|
this section, "substantial interest" has the meaning assigned by |
|
|
Section 171.002, Local Government Code. |
|
|
(b) A manager or hospital official shall disclose any |
|
|
financial interest the person has in the sale or lease of a facility |
|
|
described by Section 1053.152 not later than the 30th day before the |
|
|
date of an election held under this subchapter. |
|
|
(c) For purposes of this section, a person has a financial |
|
|
interest in the sale or lease if the person: |
|
|
(1) has a substantial interest in a business entity |
|
|
involved in the sale or lease; |
|
|
(2) is related within the second degree by |
|
|
consanguinity or affinity, as determined under Chapter 573, |
|
|
Government Code, to a person who has a substantial interest in a |
|
|
business entity involved in the sale or lease; or |
|
|
(3) is a hospital official who will benefit |
|
|
financially from the sale or lease, other than from the |
|
|
continuation of a compensation package existing before the date of |
|
|
the sale or lease. (Acts 60th Leg., R.S., Ch. 484, Secs. 10A(a)(2), |
|
|
(f).) |
|
|
Sec.1053.157.DISCLOSURE; PUBLIC RECORD. (a) A person |
|
|
shall make a disclosure required under Section 1053.155 or 1053.156 |
|
|
by filing the disclosure with the commissioners court and the |
|
|
board. |
|
|
(b) The filed disclosure is a public record. (Acts 60th |
|
|
Leg., R.S., Ch. 484, Sec. 10A(g).) |
|
|
Sec.1053.158.ELECTION CANCELLATION. The commissioners |
|
|
court shall cancel an election ordered under this subchapter if a |
|
|
hospital official makes a disclosure under Sections 1053.156 and |
|
|
1053.157 at any time before the date of the election. (Acts 60th |
|
|
Leg., R.S., Ch. 484, Sec. 10A(i).) |
|
|
Sec.1053.159.SUBSEQUENT ELECTIONS. If a majority of the |
|
|
votes cast at an election under this subchapter do not approve the |
|
|
sale or lease of a facility under this subchapter, another election |
|
|
to approve the sale or lease, as appropriate, may not be held before |
|
|
the first anniversary of the most recent election on the |
|
|
proposition. (Acts 60th Leg., R.S., Ch. 484, Sec. 10A(l).) |
|
|
Sec.1053.160.SALE OR LEASE NOT INVALID. A disclosure |
|
|
under this subchapter that is made after the date on which the sale |
|
|
or lease of the facility occurs does not invalidate the sale or |
|
|
lease. (Acts 60th Leg., R.S., Ch. 484, Sec. 10A(k).) |
|
|
Sec.1053.161.CRIMINAL PENALTY. (a) A person required to |
|
|
make a disclosure under Section 1053.156 commits an offense if the |
|
|
person knowingly fails to make the disclosure within the period |
|
|
prescribed by that section. |
|
|
(b) An offense under this section is a Class A misdemeanor. |
|
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 10A(h).) |
|
|
[Sections 1053.162-1053.200 reserved for expansion] |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1053.201.BUDGET. (a) The district administrator, |
|
|
under the direction of the board, shall prepare an annual budget. |
|
|
(b) The budget must be approved by the board and presented |
|
|
to the commissioners court for final approval. In like manner, all |
|
|
budget revisions shall be subject to approval by the commissioners |
|
|
court. (Acts 60th Leg., R.S., Ch. 484, Sec. 13 (part).) |
|
|
Sec.1053.202.FINANCIAL REPORT. (a) As soon as |
|
|
practicable after the close of each fiscal year, the district |
|
|
administrator shall prepare a report that includes: |
|
|
(1) a complete sworn statement of: |
|
|
(A) all money and choses in action received by |
|
|
the administrator; and |
|
|
(B) how the money and choses in action were |
|
|
disbursed or otherwise disposed; and |
|
|
(2) the details of district operation during the |
|
|
preceding fiscal year. |
|
|
(b) The district administrator shall make the report to: |
|
|
(1) the board; |
|
|
(2) the commissioners court; |
|
|
(3) the Department of State Health Services; and |
|
|
(4) the comptroller. (Acts 60th Leg., R.S., Ch. 484, |
|
|
Sec. 13 (part).) |
|
|
Sec.1053.203.DEPOSITORY. (a) The board shall select a |
|
|
depository for the district in the manner provided by law for |
|
|
selection of a county depository. The depository serves for two |
|
|
years and until a successor is selected and qualified. In the |
|
|
alternative, the board may use the depository selected by the |
|
|
county. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. (Acts 60th Leg., R.S., Ch. 484, Secs. |
|
|
5 (part), 15.) |
|
|
Sec.1053.204.WARRANTS. A warrant against district money |
|
|
does not require the signature of the county clerk of Lubbock |
|
|
County. (Acts 60th Leg., R.S., Ch. 484, Sec. 5 (part).) |
|
|
[Sections 1053.205-1053.250 reserved for expansion] |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec.1053.251.GENERAL OBLIGATION BONDS. The commissioners |
|
|
court 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 for hospital purposes; |
|
|
(2) equip buildings or improvements for hospital |
|
|
purposes; and |
|
|
(3) purchase, construct, acquire, equip, or enlarge |
|
|
the hospital or hospital system, including medical or other health |
|
|
facilities for any purpose related to that activity. (Acts 60th |
|
|
Leg., R.S., Ch. 484, Secs. 1 (part), 7 (part).) |
|
|
Sec.1053.252.TAX TO PAY GENERAL OBLIGATION BONDS. (a) An |
|
|
ad valorem tax shall be imposed on all property in the district |
|
|
subject to district taxation at a rate sufficient to create an |
|
|
interest and sinking fund to pay the principal of and interest on |
|
|
general obligation bonds issued under Section 1053.251 as the bonds |
|
|
mature. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax imposed for the district may not in any year exceed |
|
|
75 cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 60th Leg., R.S., Ch. 484, Sec. 7 (part).) |
|
|
Sec.1053.253.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held in accordance with the provisions of Chapter 1251, |
|
|
Government Code, relating to county bonds. |
|
|
(b) The commissioners court: |
|
|
(1) may call the election on its own motion; or |
|
|
(2) shall call the election at the request of the |
|
|
board. |
|
|
(c) The person charged with conducting and arranging |
|
|
countywide elections is responsible for conducting the bond |
|
|
election. |
|
|
(d) The district must provide for the payment of the bond |
|
|
election costs before the commissioners court is required to order |
|
|
an election. (Acts 60th Leg., R.S., Ch. 484, Sec. 7 (part).) |
|
|
Sec.1053.254.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The county judge of Lubbock County shall execute the general |
|
|
obligation bonds in the district's name. |
|
|
(b) The county clerk of Lubbock County shall countersign the |
|
|
bonds. (Acts 60th Leg., R.S., Ch. 484, Sec. 7 (part).) |
|
|
Sec.1053.255.REFUNDING BONDS. (a) Refunding bonds may be |
|
|
issued without an election and in the manner provided by this |
|
|
subchapter to refund outstanding bonds issued or assumed by the |
|
|
district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding bonds; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar amount of outstanding bonds and the matured but unpaid |
|
|
interest on the bonds. (Acts 60th Leg., R.S., Ch. 484, Sec. 7 |
|
|
(part).) |
|
|
[Sections 1053.256-1053.300 reserved for expansion] |
|
|
SUBCHAPTER G. TAXES |
|
|
Sec.1053.301.IMPOSITION OF AD VALOREM TAX. (a) The |
|
|
commissioners court shall impose a tax for the benefit of the |
|
|
district on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The commissioners court shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds assumed or issued by the district for hospital purposes as |
|
|
provided by this chapter; |
|
|
(2) pay for indebtedness assumed by the district; |
|
|
(3) provide for the operation and maintenance of the |
|
|
hospital or hospital system, including medical or other health |
|
|
facilities; and |
|
|
(4) when requested by the board and approved by the |
|
|
commissioners court, make improvements and additions to the |
|
|
hospital system, including medical and other health facilities, and |
|
|
acquire necessary sites by purchase, lease, or condemnation. (Acts |
|
|
60th Leg., R.S., Ch. 484, Secs. 1 (part), 5 (part).) |
|
|
Sec.1053.302.TAX RATE. The commissioners court shall |
|
|
impose the tax at a rate not to exceed 75 cents on each $100 |
|
|
valuation of taxable property in the district. (Acts 60th Leg., |
|
|
R.S., Ch. 484, Secs. 1 (part), 5 (part).) |
|
|
Sec.1053.303.COUNTY TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Lubbock County shall collect the taxes |
|
|
imposed on all property subject to district taxation. (Acts 60th |
|
|
Leg., R.S., Ch. 484, Sec. 5 (part).) |
|
|
CHAPTER 1054. LYNN COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1054.001. DEFINITIONS |
|
|
Sec. 1054.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1054.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1054.004. DISTRICT TERRITORY |
|
|
Sec. 1054.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1054.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1054.007-1054.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1054.051. BOARD ELECTION; TERM |
|
|
Sec. 1054.052. NOTICE OF ELECTION |
|
|
Sec. 1054.053. BALLOT PETITION |
|
|
Sec. 1054.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1054.055. BOND; RECORD OF BOND |
|
|
Sec. 1054.056. BOARD VACANCY |
|
|
Sec. 1054.057. OFFICERS |
|
|
Sec. 1054.058. EXPENSES |
|
|
Sec. 1054.059. VOTING REQUIREMENT |
|
|
Sec. 1054.060. DISTRICT ADMINISTRATOR; ASSISTANT |
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ADMINISTRATOR |
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Sec. 1054.061. GENERAL DUTIES OF DISTRICT |
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ADMINISTRATOR |
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Sec. 1054.062. EMPLOYEES; APPOINTMENT OF STAFF |
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Sec. 1054.063. RECRUITMENT OF MEDICAL STAFF |
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Sec. 1054.064. CONTINUING EDUCATION; RETRAINING |
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|
Sec. 1054.065. RETIREMENT BENEFITS |
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[Sections 1054.066-1054.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1054.101. DISTRICT RESPONSIBILITY |
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Sec. 1054.102. RESTRICTION ON POLITICAL SUBDIVISION |
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TAXATION AND DEBT |
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Sec. 1054.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
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Sec. 1054.104. HOSPITAL SYSTEM |
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Sec. 1054.105. RULES |
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Sec. 1054.106. PURCHASING AND ACCOUNTING PROCEDURES |
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Sec. 1054.107. DISTRICT PROPERTY, FACILITIES, AND |
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EQUIPMENT |
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Sec. 1054.108. EMINENT DOMAIN |
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Sec. 1054.109. GIFTS AND ENDOWMENTS |
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Sec. 1054.110. CONSTRUCTION CONTRACTS |
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Sec. 1054.111. OPERATING AND MANAGEMENT CONTRACTS |
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Sec. 1054.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
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FOR SERVICES |
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Sec. 1054.113. PROVISION OF CERTAIN HEALTH SERVICES |
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Sec. 1054.114. PAYMENT FOR TREATMENT; PROCEDURES |
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Sec. 1054.115. REIMBURSEMENT FOR SERVICE |
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Sec. 1054.116. AUTHORITY TO SUE AND BE SUED |
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[Sections 1054.117-1054.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1054.151. BUDGET |
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Sec. 1054.152. NOTICE; HEARING; APPROVAL OF BUDGET |
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Sec. 1054.153. AMENDMENTS TO BUDGET |
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Sec. 1054.154. RESTRICTION ON EXPENDITURES |
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Sec. 1054.155. FISCAL YEAR |
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Sec. 1054.156. AUDIT |
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Sec. 1054.157. INSPECTION OF AUDIT AND DISTRICT |
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RECORDS |
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Sec. 1054.158. FINANCIAL REPORT |
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Sec. 1054.159. DEPOSITORY |
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Sec. 1054.160. SPENDING AND INVESTMENT RESTRICTIONS |
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Sec. 1054.161. AUTHORITY TO BORROW MONEY; SECURITY |
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[Sections 1054.162-1054.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 1054.201. GENERAL OBLIGATION BONDS |
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Sec. 1054.202. TAX TO PAY GENERAL OBLIGATION BONDS |
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Sec. 1054.203. REVENUE BONDS |
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Sec. 1054.204. REFUNDING BONDS |
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Sec. 1054.205. MATURITY OF BONDS |
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Sec. 1054.206. EXECUTION OF BONDS |
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Sec. 1054.207. BONDS EXEMPT FROM TAXATION |
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[Sections 1054.208-1054.250 reserved for expansion] |
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SUBCHAPTER F. TAXES |
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Sec. 1054.251. IMPOSITION OF AD VALOREM TAX |
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Sec. 1054.252. TAX RATE |
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Sec. 1054.253. TAX ASSESSOR-COLLECTOR |
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CHAPTER 1054. LYNN COUNTY HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec.1054.001.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 Lynn County Hospital |
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District. (New.) |
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Sec.1054.002.AUTHORITY FOR OPERATION. The district |
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operates in accordance with Section 9, Article IX, Texas |
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Constitution, and has the rights, powers, and duties provided by |
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this chapter. (Acts 60th Leg., R.S., Ch. 66, Sec. 1 (part).) |
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Sec.1054.003.ESSENTIAL PUBLIC FUNCTION. The district |
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performs an essential public function in carrying out the purposes |
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of this chapter. (Acts 60th Leg., R.S., Ch. 66, Sec. 20 (part).) |
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Sec.1054.004.DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Lynn County, Texas. |
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(Acts 60th Leg., R.S., Ch. 66, Sec. 1 (part).) |
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Sec. 1054.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
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|
OBLIGATION. The support and maintenance of the district may not |
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become a charge against or obligation of this state. (Acts 60th |
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Leg., R.S., Ch. 66, Sec. 21 (part).) |
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Sec.1054.006.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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(Acts 60th Leg., R.S., Ch. 66, Sec. 21 (part).) |
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[Sections 1054.007-1054.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec.1054.051.BOARD ELECTION; TERM. (a) The board |
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consists of seven directors elected from the district at large. |
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(b) Directors serve staggered three-year terms. |
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|
(c) An election shall be held on the uniform election date |
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|
in May of each year to elect the appropriate number of directors. |
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|
(Acts 60th Leg., R.S., Ch. 66, Secs. 4(a), (e) (part).) |
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Sec.1054.052.NOTICE OF ELECTION. At least 10 days before |
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|
the date of an election of directors, notice of the election shall |
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|
be published one time in a newspaper of general circulation in the |
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|
district. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(e) (part).) |
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|
Sec.1054.053.BALLOT PETITION. A person who wants to have |
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|
the person's name printed on the ballot as a candidate for director |
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|
must file with the board secretary a petition requesting that |
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|
action. The petition must be: |
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|
(1) signed by not fewer than 25 registered voters; and |
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|
(2) filed before the 31st day before the date of the |
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|
election. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(e) (part).) |
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|
Sec.1054.054.QUALIFICATIONS FOR OFFICE. (a) To be |
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eligible to be a candidate for or to serve as a director, a person |
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|
must be: |
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(1) a district resident; and |
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|
(2) a qualified voter. |
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|
(b) A district employee may not serve as a director. (Acts |
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60th Leg., R.S., Ch. 66, Secs. 4(c), (f).) |
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Sec.1054.055.BOND; RECORD OF BOND. (a) Before assuming |
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|
the duties of office, each director must execute a bond for $5,000 |
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that is: |
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(1) payable to the district; and |
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|
(2) conditioned on the faithful performance of the |
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|
director's duties. |
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|
(b) The board may pay for a director's bond with district |
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|
money. |
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|
(c) Each director's bond shall be kept in the district's |
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permanent records.(Acts 60th Leg., R.S., Ch. 66, Secs. 4(g), (h).) |
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|
Sec.1054.056.BOARD VACANCY. (a) If a vacancy occurs in |
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|
the office of director, the remaining directors shall appoint a |
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|
director for the unexpired term. |
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|
(b) If the number of directors is reduced to fewer than four |
|
|
for any reason, the remaining directors shall immediately call a |
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|
special election to fill the vacancies. If the remaining directors |
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|
do not call the election, a district court, on application of a |
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|
district voter or taxpayer, may order the directors to hold the |
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|
election. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(d) (part).) |
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|
Sec.1054.057.OFFICERS. (a) The board shall elect: |
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|
(1) a president and a vice president from among its |
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|
members; and |
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|
(2) a secretary, who need not be a director. |
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|
(b) Each officer of the board serves for a term of one year. |
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|
(c) The board shall fill a vacancy in a board office for the |
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|
unexpired term. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(d) (part).) |
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|
Sec.1054.058.EXPENSES. A director or officer may be |
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|
reimbursed for actual expenses incurred in the performance of |
|
|
official duties. The expenses must be: |
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|
(1) reported in the district's records; and |
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|
(2) approved by the board. (Acts 60th Leg., R.S., Ch. |
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|
66, Sec. 4(i).) |
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|
Sec.1054.059.VOTING REQUIREMENT. A concurrence of four |
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|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(d) (part).) |
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|
Sec. 1054.060. DISTRICT ADMINISTRATOR; ASSISTANT |
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|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
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|
district administrator. |
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|
(b) The board may appoint an assistant administrator. |
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|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
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|
(d) On assuming the duties of district administrator, the |
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|
administrator shall execute a bond payable to the district in an |
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|
amount set by the board of not less than $5,000 that: |
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|
(1) is conditioned on the administrator performing the |
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|
administrator's duties; and |
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|
(2) contains other conditions the board may require. |
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|
(e) The board may pay for the bond with district money. |
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|
(Acts 60th Leg., R.S., Ch. 66, Sec. 5(a) (part).) |
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|
Sec.1054.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
|
Subject to the limitations prescribed by the board, the district |
|
|
administrator shall: |
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|
(1) supervise the work and activities of the district; |
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|
and |
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|
(2) direct the affairs of the district. (Acts 60th |
|
|
Leg., R.S., Ch. 66, Sec. 5(a) (part).) |
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|
Sec.1054.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
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|
board may appoint to the staff any doctors and employ any |
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|
technicians, nurses, and other employees the board considers |
|
|
necessary for the efficient operation of the district. |
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|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
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|
(c) The board may provide that the district administrator |
|
|
has the authority to hire district employees, including technicians |
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|
and nurses. |
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|
(d) The board may define the duties, functions, and |
|
|
responsibilities of district staff and employees. (Acts 60th Leg., |
|
|
R.S., Ch. 66, Secs. 5(a) (part), 16.) |
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|
Sec.1054.063.RECRUITMENT OF MEDICAL STAFF. The board may |
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|
spend district money to recruit physicians, nurses, and other |
|
|
trained medical personnel. The board may pay the tuition or other |
|
|
education-related costs or expenses of a person who: |
|
|
(1) graduates from a medical school, nursing school, |
|
|
or an institution of higher education; and |
|
|
(2) contractually agrees to become a district |
|
|
employee. (Acts 60th Leg., R.S., Ch. 66, Sec. 5A(b) (part).) |
|
|
Sec.1054.064.CONTINUING EDUCATION; RETRAINING. The board |
|
|
may spend district money for continuing education and retraining of |
|
|
district employees. (Acts 60th Leg., R.S., Ch. 66, Sec. 5A(b) |
|
|
(part).) |
|
|
Sec.1054.065.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. (Acts 60th Leg., R.S., Ch. |
|
|
66, Sec. 5B.) |
|
|
[Sections 1054.066-1054.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1054.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating all hospital facilities for |
|
|
providing medical and hospital care for the district's needy |
|
|
inhabitants. (Acts 60th Leg., R.S., Ch. 66, Sec. 19 (part).) |
|
|
Sec. 1054.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes or to provide medical care. (Acts 60th Leg., |
|
|
R.S., Ch. 66, Sec. 19 (part).) |
|
|
Sec.1054.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the district's |
|
|
hospitals and hospital system. (Acts 60th Leg., R.S., Ch. 66, Sec. |
|
|
5(a) (part).) |
|
|
Sec.1054.104.HOSPITAL SYSTEM. The district shall provide |
|
|
for the establishment of a hospital or hospital system in the |
|
|
district by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and improvements; |
|
|
(2) equipping the buildings and improvements; and |
|
|
(3) administering the buildings and improvements for |
|
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 66, Sec. 2 (part).) |
|
|
Sec.1054.105.RULES. The board may adopt rules for the |
|
|
operation of the district. (Acts 60th Leg., R.S., Ch. 66, Sec. 5(a) |
|
|
(part).) |
|
|
Sec.1054.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district in a manner consistent with |
|
|
Subtitle C, Title 8, Local Government Code; and |
|
|
(2) all accounting and control procedures. (Acts 60th |
|
|
Leg., R.S., Ch. 66, Sec. 10 (part).) |
|
|
Sec. 1054.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. Nothing in this chapter prohibits the establishing and |
|
|
equipping of a clinic as part of the hospital system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. |
|
|
(c) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. |
|
|
(d) The district may sell or otherwise dispose of any |
|
|
property, including equipment, on terms the board finds are in the |
|
|
best interest of the district's inhabitants. (Acts 60th Leg., |
|
|
R.S., Ch. 66, Secs. 9 (part), 10 (part).) |
|
|
Sec.1054.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 60th Leg., R.S., Ch. 66, Sec. 14.) |
|
|
Sec.1054.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 66, Sec. |
|
|
18.) |
|
|
Sec.1054.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount prescribed by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 60th Leg., R.S., Ch. 66, Sec. 10A.) |
|
|
Sec.1054.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 60th Leg., R.S., Ch. 66, Secs. 5(b), |
|
|
9 (part).) |
|
|
Sec. 1054.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. (a) The board may contract with a political subdivision |
|
|
of this state or with a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the care and treatment of a sick or injured person. |
|
|
(Acts 60th Leg., R.S., Ch. 66, Secs. 5(a) (part), (e).) |
|
|
Sec.1054.113.PROVISION OF CERTAIN HEALTH SERVICES. The |
|
|
board may provide emergency services, home health care services, |
|
|
long-term health care services, special care facility services, or |
|
|
any other health care services the board determines are necessary |
|
|
to meet the needs of the district. (Acts 60th Leg., R.S., Ch. 66, |
|
|
Sec. 5A(a).) |
|
|
Sec.1054.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If the district administrator determines that the |
|
|
patient or those relatives cannot pay all or part of the costs of |
|
|
the care and treatment in the hospital, the amount of the costs that |
|
|
cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or those relatives can pay for all or part of the costs of |
|
|
the patient's care and treatment, the patient or those relatives |
|
|
shall be ordered to pay the district a specified amount each week |
|
|
for the patient's care and support. The amount ordered must be |
|
|
proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally liable for |
|
|
the patient's support, in the manner provided by law for the |
|
|
collection of expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator, the board shall hold a |
|
|
hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(f) A final order of the board may be appealed to the |
|
|
district court. The substantial evidence rule applies to the |
|
|
appeal. (Acts 60th Leg., R.S., Ch. 66, Sec. 17.) |
|
|
Sec.1054.115.REIMBURSEMENT FOR SERVICE. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person of that county, |
|
|
municipality, or public hospital as provided by Chapter 61, Health |
|
|
and Safety Code. |
|
|
(b) The board shall require the sheriff of a county or the |
|
|
police chief of a municipality to reimburse the district for the |
|
|
district's care and treatment of a person who is confined in a jail |
|
|
facility of the county or municipality and is not a resident of the |
|
|
district. (Acts 60th Leg., R.S., Ch. 66, Secs. 5(c), (d).) |
|
|
Sec.1054.116.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch. |
|
|
66, Sec. 5(a) (part).) |
|
|
[Sections 1054.117-1054.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1054.151.BUDGET. The district administrator shall |
|
|
prepare an annual budget for approval by the board. (Acts 60th |
|
|
Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
|
Sec.1054.152.NOTICE; HEARING; APPROVAL OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) Notice of the hearing must be published one time at |
|
|
least 10 days before the date of the hearing. |
|
|
(c) The board must approve the annual budget. (Acts 60th |
|
|
Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
|
Sec.1054.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 60th Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
|
Sec.1054.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 60th Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
|
Sec.1054.155.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. (Acts |
|
|
60th Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
|
Sec.1054.156.AUDIT. The board shall have an audit made of |
|
|
the district's financial condition. (Acts 60th Leg., R.S., Ch. 66, |
|
|
Sec. 6 (part).) |
|
|
Sec.1054.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
|
The audit and other district records shall be open to inspection at |
|
|
the district's principal office. (Acts 60th Leg., R.S., Ch. 66, |
|
|
Sec. 6 (part).) |
|
|
Sec.1054.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 60th Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
|
Sec.1054.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks in the district to serve as a depository for district |
|
|
money. |
|
|
(b) District money shall be immediately deposited on |
|
|
receipt with a depository bank, except that sufficient money must |
|
|
be remitted to the place or places designated as agent for the |
|
|
payment of principal of and interest on the district's outstanding |
|
|
bonds in time for the agent to make that payment on or before the |
|
|
maturity date of the principal and interest. |
|
|
(c) To the extent that money in a depository bank is not |
|
|
insured by the Federal Deposit Insurance Corporation, the money |
|
|
must be secured in the manner provided by law for the security of |
|
|
county funds. |
|
|
(d) Membership on the district's board of an officer or |
|
|
director of a bank does not disqualify the bank from being |
|
|
designated as a depository bank. (Acts 60th Leg., R.S., Ch. 66, |
|
|
Sec. 11.) |
|
|
Sec.1054.160.SPENDING AND INVESTMENT RESTRICTIONS. |
|
|
Except as otherwise provided by Section 1054.107(c) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current and immediately following district fiscal years. (Acts |
|
|
60th Leg., R.S., Ch. 66, Sec. 10 (part).) |
|
|
Sec.1054.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money at a rate not to exceed the maximum |
|
|
annual percentage rate allowed by law for district obligations at |
|
|
the time the loan is made if the board declares that: |
|
|
(1) money is not available to meet authorized |
|
|
obligations of the district; and |
|
|
(2) an emergency exists. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) a district tax to be imposed by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which taxes or bonds are pledged must mature |
|
|
not later than the first anniversary of the date the loan is made. A |
|
|
loan for which district revenue is pledged must mature not later |
|
|
than the fifth anniversary of the date the loan is made. |
|
|
(d) The board may not spend money obtained from a loan under |
|
|
this section for any purpose other than: |
|
|
(1) the purpose for which the board declared an |
|
|
emergency; and |
|
|
(2) if district taxes or bonds are pledged to pay the |
|
|
loan, the purpose for which the pledged taxes were imposed or the |
|
|
pledged bonds were authorized. (Acts 60th Leg., R.S., Ch. 66, Sec. |
|
|
7A.) |
|
|
[Sections 1054.162-1054.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1054.201.GENERAL OBLIGATION BONDS. 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. (Acts 60th Leg., R.S., Ch. 66, Sec. 7(a) (part).) |
|
|
Sec.1054.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1054.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 60th Leg., R.S., Ch. 66, Sec. 7(a) (part).) |
|
|
Sec.1054.203.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate 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 revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 60th Leg., R.S., Ch. 66, Secs. 7(d), (e), (f).) |
|
|
Sec.1054.204.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 60th |
|
|
Leg., R.S., Ch. 66, Sec. 7(b) (part).) |
|
|
Sec.1054.205.MATURITY OF BONDS. District bonds must |
|
|
mature not later than the 50th anniversary of the date of issuance. |
|
|
(Acts 60th Leg., R.S., Ch. 66, Sec. 7(c) (part).) |
|
|
Sec.1054.206.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 60th Leg., |
|
|
R.S., Ch. 66, Sec. 7(c) (part).) |
|
|
Sec.1054.207.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) the transfer and issuance of the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 60th |
|
|
Leg., R.S., Ch. 66, Sec. 20 (part).) |
|
|
[Sections 1054.208-1054.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1054.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The board shall impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 60th |
|
|
Leg., R.S., Ch. 66, Secs. 12 (part), 15(a) (part), (b), (c).) |
|
|
Sec.1054.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 60th |
|
|
Leg., R.S., Ch. 66, Secs. 12 (part), 15(a) (part).) |
|
|
Sec.1054.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 60th Leg., R.S., Ch. 66, Sec. |
|
|
15(e).) |
|
|
CHAPTER 1055. MARION COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1055.001. DEFINITIONS |
|
|
Sec. 1055.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1055.003. POLITICAL SUBDIVISION |
|
|
Sec. 1055.004. DISTRICT TERRITORY |
|
|
Sec. 1055.005. CORRECTION OF INVALID PROCEDURES |
|
|
[Sections 1055.006-1055.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1055.051. BOARD ELECTION; TERM |
|
|
Sec. 1055.052. NOTICE OF ELECTION |
|
|
Sec. 1055.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1055.054. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION |
|
|
Sec. 1055.055. BOARD VACANCY |
|
|
Sec. 1055.056. DIRECTOR RIGHTS AND RESPONSIBILITIES |
|
|
Sec. 1055.057. OFFICERS |
|
|
Sec. 1055.058. COMPENSATION; EXPENSES |
|
|
Sec. 1055.059. VOTING REQUIREMENT |
|
|
Sec. 1055.060. EMPLOYEES |
|
|
Sec. 1055.061. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1055.062. SEAL |
|
|
[Sections 1055.063-1055.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1055.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1055.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION |
|
|
Sec. 1055.103. RULES |
|
|
Sec. 1055.104. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1055.105. EMINENT DOMAIN |
|
|
Sec. 1055.106. GIFTS AND ENDOWMENTS |
|
|
Sec. 1055.107. AUTHORITY TO LEASE DISTRICT FACILITIES |
|
|
Sec. 1055.108. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1055.109. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1055.110-1055.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1055.151. BUDGET |
|
|
Sec. 1055.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1055.153. FISCAL YEAR |
|
|
Sec. 1055.154. ANNUAL AUDIT |
|
|
Sec. 1055.155. DEPOSITORY OR TREASURER |
|
|
[Sections 1055.156-1055.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS AND OTHER FINANCIAL ARRANGEMENTS |
|
|
Sec. 1055.201. GENERAL OBLIGATION BONDS AND OTHER |
|
|
FINANCIAL ARRANGEMENTS |
|
|
Sec. 1055.202. TAX TO PAY GENERAL OBLIGATION BONDS OR |
|
|
OTHER FINANCIAL ARRANGEMENTS |
|
|
Sec. 1055.203. ELECTION FOR GENERAL OBLIGATION BONDS |
|
|
OR OTHER FINANCIAL ARRANGEMENTS |
|
|
Sec. 1055.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1055.205. REVENUE BONDS; OTHER FINANCIAL |
|
|
ARRANGEMENTS |
|
|
Sec. 1055.206. MATURITY OF BONDS |
|
|
[Sections 1055.207-1055.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1055.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1055.252. TAX RATE |
|
|
Sec. 1055.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1055. MARION COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1055.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Marion County Hospital |
|
|
District. (New.) |
|
|
Sec.1055.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution. (Acts 60th Leg., R.S., Ch. 184, Sec. 1 (part).) |
|
|
Sec.1055.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
|
184, Sec. 16 (part).) |
|
|
Sec.1055.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Marion County, |
|
|
Texas. (Acts 60th Leg., R.S., Ch. 184, Sec. 1 (part).) |
|
|
Sec.1055.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 60th Leg., R.S., Ch. 184, Sec. 18 (part).) |
|
|
[Sections 1055.006-1055.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1055.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of seven directors elected from the district at |
|
|
large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 (part).) |
|
|
Sec.1055.052.NOTICE OF ELECTION. Not later than the 10th |
|
|
day before the date of an election of directors, notice of the |
|
|
election shall be published one time in a newspaper of general |
|
|
circulation in Marion County. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 |
|
|
(part).) |
|
|
Sec.1055.053.QUALIFICATIONS FOR OFFICE. A person may not |
|
|
be elected or appointed as a director unless the person is a |
|
|
district resident. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 (part).) |
|
|
Sec. 1055.054. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION. (a) Each director shall execute a good and sufficient |
|
|
bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for the directors' bonds. |
|
|
(c) Each director's bond and the constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 184, |
|
|
Sec. 4 (part).) |
|
|
Sec.1055.055.BOARD VACANCY. (a) If a vacancy occurs in |
|
|
the office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. |
|
|
(b) If the number of directors is reduced to fewer than four |
|
|
for any reason, the remaining directors shall immediately call a |
|
|
special election to fill the vacancies. If the remaining directors |
|
|
do not call the election, a district court, on application of a |
|
|
district voter or taxpayer, may order the directors to hold the |
|
|
election. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 (part).) |
|
|
Sec.1055.056.DIRECTOR RIGHTS AND RESPONSIBILITIES. All |
|
|
directors have the same rights and responsibilities with regard to |
|
|
voting and other matters. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 |
|
|
(part).) |
|
|
Sec.1055.057.OFFICERS. The board shall elect from among |
|
|
its members a president and a secretary. (Acts 60th Leg., R.S., Ch. |
|
|
184, Sec. 4 (part).) |
|
|
Sec.1055.058.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by a majority of the board. (Acts 60th Leg., R.S., Ch. |
|
|
184, Sec. 4 (part).) |
|
|
Sec.1055.059.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 (part).) |
|
|
Sec.1055.060.EMPLOYEES. The board may employ a general |
|
|
manager, attorneys, bookkeepers, architects, or any other |
|
|
employees considered necessary for the efficient operation of the |
|
|
district. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 (part).) |
|
|
Sec.1055.061.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
Except as provided by Section 1055.054, all district records, |
|
|
including books, accounts, notices, minutes, and all other matters |
|
|
of the district and the operation of its facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at the district office |
|
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 |
|
|
(part).) |
|
|
Sec.1055.062.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 (part).) |
|
|
[Sections 1055.063-1055.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1055.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy and indigent residents. (Acts 60th Leg., R.S., |
|
|
Ch. 184, Secs. 2 (part), 12 (part).) |
|
|
Sec. 1055.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION. Marion County or a municipality in the district may not |
|
|
impose a tax on property in the district for hospital purposes. |
|
|
(Acts 60th Leg., R.S., Ch. 184, Sec. 12 (part).) |
|
|
Sec.1055.103.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any taxpayer |
|
|
on request. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 (part).) |
|
|
Sec.1055.104.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 |
|
|
(part).) |
|
|
Sec.1055.105.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 60th Leg., R.S., Ch. 184, Sec. 9.) |
|
|
Sec.1055.106.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or provisions prescribed in writing by the |
|
|
donor that are not inconsistent with the proper management and |
|
|
objectives of the district. (Acts 60th Leg., R.S., Ch. 184, Sec. |
|
|
14.) |
|
|
Sec.1055.107.AUTHORITY TO LEASE DISTRICT FACILITIES. (a) |
|
|
The district may lease district facilities acquired or constructed |
|
|
under this chapter to any person for consideration the board |
|
|
determines is reasonable and adequate. |
|
|
(b) The terms of a lease entered under this section may |
|
|
include a provision that requires the lessee to: |
|
|
(1) agree to maintain the district's hospital |
|
|
facilities; or |
|
|
(2) care for and treat the indigent or needy patients |
|
|
of Marion County. |
|
|
(c) If a lease under this section includes a provision |
|
|
described by Subsection (b)(2), Marion County may: |
|
|
(1) spend money and make payments to the lessee for the |
|
|
care and treatment; |
|
|
(2) impose ad valorem taxes; or |
|
|
(3) pledge any of the county's money or resources to |
|
|
payments made under the contract. (Acts 60th Leg., R.S., Ch. 184, |
|
|
Sec. 17.) |
|
|
Sec.1055.108.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district to handle the |
|
|
inquiry determines that the patient or those relatives cannot pay |
|
|
all or part of the costs of the care and treatment in the hospital, |
|
|
the amount of the costs that cannot be paid becomes a charge against |
|
|
the district. |
|
|
(c) If the board determines that the patient or those |
|
|
relatives are liable to pay for all or part of the costs of the |
|
|
patient's care and treatment, the patient or those relatives shall |
|
|
be ordered to pay the district's treasurer a specified amount each |
|
|
week for the patient's support. The amount ordered must be |
|
|
proportionate to the person's financial ability and may not exceed |
|
|
the actual per capita cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district's designated agent, the board shall hold |
|
|
a hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) Either party to the dispute may appeal the order to the |
|
|
district court. (Acts 60th Leg., R.S., Ch. 184, Sec. 13.) |
|
|
Sec.1055.109.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court of this state. (Acts 60th Leg., R.S., Ch. 184, |
|
|
Sec. 16 (part).) |
|
|
[Sections 1055.110-1055.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1055.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 60th Leg., R.S., Ch. 184, Sec. 8 (part).) |
|
|
Sec.1055.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in Marion County not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district taxpayer is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 60th Leg., R.S., Ch. 184, Sec. 8 (part).) |
|
|
Sec.1055.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 60th Leg., R.S., Ch. 184, Sec. 8 (part).) |
|
|
Sec.1055.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
have an independent audit made of the district's books and records |
|
|
for the fiscal year. |
|
|
(b) Not later than December 31 each year, the audit shall be |
|
|
filed: |
|
|
(1) with the comptroller; and |
|
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
|
184, Sec. 8 (part).) |
|
|
Sec.1055.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank in Marion County as the |
|
|
district's depository or treasurer. A designated bank serves for |
|
|
two years until a successor is designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 184, |
|
|
Secs. 5 (part), 10.) |
|
|
[Sections 1055.156-1055.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS AND OTHER FINANCIAL ARRANGEMENTS |
|
|
Sec. 1055.201. GENERAL OBLIGATION BONDS AND OTHER FINANCIAL |
|
|
ARRANGEMENTS. The board may issue and sell general obligation |
|
|
bonds, secure long-term loans, or make other financial arrangements |
|
|
as district obligations in the name and on the faith and credit of |
|
|
the district. The money shall be used for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes; and |
|
|
(3) the operation of the district. (Acts 60th Leg., |
|
|
R.S., Ch. 184, Sec. 6 (part).) |
|
|
Sec. 1055.202. TAX TO PAY GENERAL OBLIGATION BONDS OR OTHER |
|
|
FINANCIAL ARRANGEMENTS. (a) The board shall impose an ad valorem |
|
|
tax at a rate sufficient to create an interest and sinking fund to |
|
|
pay the principal of and interest on general obligation bonds |
|
|
issued or other financial arrangements made under Section 1055.201 |
|
|
as the bonds or other arrangements mature. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
|
Sec. 1055.203. ELECTION FOR GENERAL OBLIGATION BONDS OR |
|
|
OTHER FINANCIAL ARRANGEMENTS. (a) The district may issue general |
|
|
obligation bonds or make other financial arrangements secured by |
|
|
tax revenue only if authorized by a majority of the district voters |
|
|
voting at an election held for that purpose. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding election officers; |
|
|
(4) the purpose for which the bonds are to be issued or |
|
|
the financial arrangements made; |
|
|
(5) the amount of the bonds or other financial |
|
|
arrangements to be authorized; |
|
|
(6) the maximum interest rate for the bonds or other |
|
|
financial arrangements; and |
|
|
(7) the maximum maturity of the bonds. |
|
|
(d) Notice of an election under this section shall be given |
|
|
by publishing a substantial copy of the order calling the election |
|
|
in a newspaper of general circulation in Marion County once a week |
|
|
for two consecutive weeks before the date of the election. The |
|
|
first publication must occur at least 14 days before the date of the |
|
|
election. (Acts 60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
|
Sec.1055.204.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
|
Sec. 1055.205. REVENUE BONDS; OTHER FINANCIAL |
|
|
ARRANGEMENTS. (a) The board may, without an election, issue |
|
|
revenue bonds or make other financial arrangements payable from and |
|
|
secured by a pledge of all or part of the revenue derived from the |
|
|
operation of the district's hospital system. The district may use |
|
|
the money to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
|
Sec.1055.206.MATURITY OF BONDS. General obligation bonds |
|
|
and revenue bonds must mature not later than 40 years after the date |
|
|
of issuance. (Acts 60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
|
[Sections 1055.207-1055.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1055.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds or other obligations issued or assumed by the district for |
|
|
hospital purposes; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; and |
|
|
(4) acquire necessary sites for the hospital system by |
|
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 184, |
|
|
Secs. 5 (part), 8 (part).) |
|
|
Sec.1055.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 60th Leg., R.S., Ch. 184, Sec. 5 |
|
|
(part).) |
|
|
Sec.1055.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Marion County shall assess and collect taxes |
|
|
imposed by the district. (Acts 60th Leg., R.S., Ch. 184, Secs. 5 |
|
|
(part), 8 (part).) |
|
|
CHAPTER 1057. MATAGORDA COUNTY HOSPITAL DISTRICT OF MATAGORDA |
|
|
COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1057.001. DEFINITIONS |
|
|
Sec. 1057.002. AUTHORITY FOR CREATION |
|
|
Sec. 1057.003. POLITICAL SUBDIVISION |
|
|
Sec. 1057.004. DISTRICT TERRITORY |
|
|
Sec. 1057.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 1057.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
[Sections 1057.007-1057.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1057.051. BOARD APPOINTMENT; TERM |
|
|
Sec. 1057.052. OFFICERS |
|
|
Sec. 1057.053. COMPENSATION |
|
|
Sec. 1057.054. RECORDS OF PROCEEDINGS |
|
|
Sec. 1057.055. DISTRICT ADMINISTRATOR |
|
|
Sec. 1057.056. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1057.057. EMPLOYEES |
|
|
Sec. 1057.058. RETIREMENT PROGRAM |
|
|
Sec. 1057.059. SEAL |
|
|
[Sections 1057.060-1057.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1057.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1057.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1057.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1057.104. HOSPITAL SYSTEM |
|
|
Sec. 1057.105. RULES |
|
|
Sec. 1057.106. LEASES |
|
|
Sec. 1057.107. EMINENT DOMAIN |
|
|
Sec. 1057.108. GIFTS AND ENDOWMENTS |
|
|
Sec. 1057.109. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1057.110. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1057.111-1057.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1057.151. AUDITOR |
|
|
Sec. 1057.152. DEPOSITORY |
|
|
Sec. 1057.153. AUTHORITY TO BORROW MONEY; SECURITY |
|
|
[Sections 1057.154-1057.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1057.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1057.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1057.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1057.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1057.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1057.206. INVESTMENT OF GENERAL OBLIGATION BOND |
|
|
PROCEEDS |
|
|
Sec. 1057.207. REVENUE BONDS |
|
|
[Sections 1057.208-1057.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1057.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1057.252. TAX RATE |
|
|
Sec. 1057.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1057. MATAGORDA COUNTY HOSPITAL DISTRICT OF MATAGORDA |
|
|
COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1057.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of hospital managers of |
|
|
the district. |
|
|
(2) "District" means the Matagorda County Hospital |
|
|
District of Matagorda County, Texas. |
|
|
(3) "Manager" means a member of the board. (New.) |
|
|
Sec.1057.002.AUTHORITY FOR CREATION. The district of |
|
|
Matagorda County, Texas, is created under the authority of Section |
|
|
9, Article IX, Texas Constitution. (Acts 59th Leg., R.S., Ch. 41, |
|
|
Sec. 1 (part).) |
|
|
Sec.1057.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 59th Leg., R.S., Ch. 41, |
|
|
Sec. 13 (part).) |
|
|
Sec.1057.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Matagorda County, |
|
|
Texas. (Acts 59th Leg., R.S., Ch. 41, Sec. 1 (part).) |
|
|
Sec.1057.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 59th Leg., R.S., Ch. 41, Sec. 15 (part).) |
|
|
Sec. 1057.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district's hospital |
|
|
system may not become a charge against or obligation of this state. |
|
|
(Acts 59th Leg., R.S., Ch. 41, Sec. 6 (part).) |
|
|
[Sections 1057.007-1057.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1057.051.BOARD APPOINTMENT; TERM. (a) The board |
|
|
consists of not fewer than five and not more than seven managers |
|
|
appointed by the Matagorda County Commissioners Court. |
|
|
(b) Managers serve two-year terms. The terms may overlap. |
|
|
(Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.052.OFFICERS. (a) The board shall select from |
|
|
among the managers a presiding officer who shall preside over the |
|
|
board. |
|
|
(b) A presiding officer pro tem shall preside in the absence |
|
|
of the presiding officer. |
|
|
(c) The district administrator or any manager may be |
|
|
appointed secretary. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.053.COMPENSATION. A manager serves without pay. |
|
|
(Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.054.RECORDS OF PROCEEDINGS. (a) The secretary |
|
|
shall keep suitable records of all proceedings of each board |
|
|
meeting. |
|
|
(b) After each meeting: |
|
|
(1) the manager presiding at the meeting shall read |
|
|
and sign the record; and |
|
|
(2) the secretary shall attest the record. (Acts 59th |
|
|
Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.055.DISTRICT ADMINISTRATOR. (a) The board |
|
|
shall appoint a general manager as the district administrator. |
|
|
(b) The district administrator serves for a term not to |
|
|
exceed two years and is entitled to receive the compensation |
|
|
determined by the board. |
|
|
(c) The board may remove the district administrator at any |
|
|
time. |
|
|
(d) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond payable to the district in an |
|
|
amount of not less than $10,000 that: |
|
|
(1) is conditioned on the administrator performing |
|
|
well and faithfully the administrator's required duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.056.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
|
Subject to the limitations prescribed by the board, the district |
|
|
administrator shall: |
|
|
(1) perform the duties required by the board; |
|
|
(2) supervise the work and activities of the district; |
|
|
and |
|
|
(3) direct the affairs of the district. (Acts 59th |
|
|
Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.057.EMPLOYEES. (a) The board may employ |
|
|
doctors, technicians, nurses, and other employees considered |
|
|
advisable for the efficient operation of the hospital or hospital |
|
|
system. |
|
|
(b) A contract or term of employment under Subsection (a) |
|
|
may not exceed two years. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 |
|
|
(part).) |
|
|
Sec.1057.058.RETIREMENT PROGRAM. With the approval of |
|
|
the Matagorda County Commissioners Court, the board may contract |
|
|
with this state or the federal government as necessary to establish |
|
|
or continue a retirement program for the benefit of district |
|
|
employees. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.059.SEAL. The board shall have a seal engraved |
|
|
with the district's name to authenticate the acts of the board. The |
|
|
secretary of the board shall keep the seal. (Acts 59th Leg., R.S., |
|
|
Ch. 41, Sec. 4 (part).) |
|
|
[Sections 1057.060-1057.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1057.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 41, Sec. 2 |
|
|
(part).) |
|
|
Sec. 1057.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision in Matagorda County, |
|
|
other than the district, may not impose a tax or issue bonds or |
|
|
other obligations for hospital purposes or to provide medical care |
|
|
in the district. (Acts 59th Leg., R.S., Ch. 41, Sec. 2 (part).) |
|
|
Sec.1057.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the district's |
|
|
hospital or hospital system. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 |
|
|
(part).) |
|
|
Sec.1057.104.HOSPITAL SYSTEM. The district shall provide |
|
|
for the establishment of a hospital or hospital system in the |
|
|
district to furnish medical and hospital care to district residents |
|
|
by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and improvements for hospital purposes; |
|
|
(2) equipping the buildings and improvements for those |
|
|
purposes; and |
|
|
(3) administering the buildings and improvements for |
|
|
those purposes. (Acts 59th Leg., R.S., Ch. 41, Sec. 2 (part).) |
|
|
Sec.1057.105.RULES. The board may adopt rules for the |
|
|
operation of the hospital or hospital system. (Acts 59th Leg., |
|
|
R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.106.LEASES. (a) The board may lease district |
|
|
property, including facilities or equipment, to individuals, |
|
|
companies, corporations, or other legal entities on terms the board |
|
|
determines further the district's purposes. |
|
|
(b) The term of a lease under this section may not exceed 25 |
|
|
years. (Acts 59th Leg., R.S., Ch. 41, Sec. 4A.) |
|
|
Sec.1057.107.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property, real, personal, or mixed, |
|
|
located in district territory, if the interest is necessary or |
|
|
convenient for the district to exercise a right, power, privilege, |
|
|
or function conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 59th Leg., R.S., Ch. 41, Sec. 9.) |
|
|
Sec.1057.108.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 59th Leg., R.S., Ch. 41, Sec. |
|
|
14.) |
|
|
Sec. 1057.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. The board, with the approval of the Matagorda |
|
|
County Commissioners Court, may contract with: |
|
|
(1) a county for the care and treatment of a sick or |
|
|
injured person of that county; and |
|
|
(2) this state or a federal agency for the care and |
|
|
treatment of a sick or injured person for whom the state or agency |
|
|
is responsible. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
|
Sec.1057.110.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court of this state. (Acts 59th Leg., R.S., Ch. 41, Sec. |
|
|
13 (part).) |
|
|
[Sections 1057.111-1057.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1057.151.AUDITOR. (a) The Matagorda County auditor |
|
|
is the auditor for the district. |
|
|
(b) The auditor shall make any report and perform any |
|
|
accounting service reasonably incident or necessary to the proper |
|
|
conduct of the district's business. |
|
|
(c) The auditor shall receive the compensation determined |
|
|
by the board after considering the amount and value of the services |
|
|
performed for the district. (Acts 59th Leg., R.S., Ch. 41, Sec. |
|
|
16.) |
|
|
Sec.1057.152.DEPOSITORY. (a) The board by resolution |
|
|
shall designate a bank in the county as the district's depository. |
|
|
A designated bank serves for two years and until a successor is |
|
|
designated. |
|
|
(b) All income received by the district shall be deposited |
|
|
with the district depository. |
|
|
(c) The net revenue from the tax imposed under Section |
|
|
1057.201 may be withdrawn as directed by the board. |
|
|
(d) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 41, |
|
|
Secs. 7 (part), 8.) |
|
|
Sec.1057.153.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
|
The board may borrow money at a rate the board determines is |
|
|
reasonable. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) tax revenue to be collected by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; |
|
|
(3) district bonds that have been authorized but not |
|
|
sold; and |
|
|
(4) any other unencumbered district assets. |
|
|
(c) The board may use the proceeds of a loan made under this |
|
|
section only for the district's operational and capital |
|
|
requirements. (Acts 59th Leg., R.S., Ch. 41, Sec. 10B.) |
|
|
[Sections 1057.154-1057.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1057.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
and credit of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 59th Leg., R.S., Ch. 41, Sec. 10 (part).) |
|
|
Sec.1057.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) An |
|
|
ad valorem tax shall be imposed at a rate sufficient to create an |
|
|
interest and sinking fund to pay the principal of and interest on |
|
|
general obligation bonds issued under Section 1057.201 as the bonds |
|
|
mature. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax imposed for the district may not in any year exceed |
|
|
75 cents on each $100 valuation of all taxable property in the |
|
|
district. (Acts 59th Leg., R.S., Ch. 41, Sec. 10 (part).) |
|
|
Sec.1057.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting in an |
|
|
election held for that purpose. |
|
|
(b) The board may order the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding election officers; |
|
|
(4) the purpose of the bond issuance; |
|
|
(5) the amount of the bonds to be authorized; |
|
|
(6) the maximum interest rate of the bonds; and |
|
|
(7) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in the district once each week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 14 days before the date of the |
|
|
election. (Acts 59th Leg., R.S., Ch. 41, Secs. 5 (part), 10 |
|
|
(part).) |
|
|
Sec.1057.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 59th Leg., R.S., Ch. 41, |
|
|
Sec. 10 (part).) |
|
|
Sec.1057.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board's presiding officer shall execute the general obligation |
|
|
bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
59th Leg., R.S., Ch. 41, Sec. 10 (part).) |
|
|
Sec. 1057.206. INVESTMENT OF GENERAL OBLIGATION BOND |
|
|
PROCEEDS. Until the proceeds from the sale of general obligation |
|
|
bonds are needed to carry out the bond purpose, the proceeds may be: |
|
|
(1) invested in direct obligations of the United |
|
|
States; or |
|
|
(2) placed on time deposit. (Acts 59th Leg., R.S., Ch. |
|
|
41, Sec. 10 (part).) |
|
|
Sec.1057.207.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for hospital purposes; or |
|
|
(2) acquire sites to be used for hospital purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(e) An election is not required to authorize the issuance of |
|
|
revenue bonds. (Acts 59th Leg., R.S., Ch. 41, Sec. 10A.) |
|
|
[Sections 1057.208-1057.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1057.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) meet the requirements of district bonds and |
|
|
indebtedness assumed by the district; |
|
|
(2) provide for the district's maintenance and |
|
|
operation expenses; |
|
|
(3) make improvements and additions to the district's |
|
|
hospitals or hospital system; and |
|
|
(4) acquire necessary sites by gift, purchase, lease, |
|
|
or condemnation. (Acts 59th Leg., R.S., Ch. 41, Secs. 6 (part), 7 |
|
|
(part).) |
|
|
Sec.1057.252.TAX RATE. The board shall impose the tax at |
|
|
a rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 59th Leg., R.S., Ch. 41, Sec. 6 |
|
|
(part).) |
|
|
Sec.1057.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Matagorda County shall collect taxes imposed |
|
|
by the district. (Acts 59th Leg., R.S., Ch. 41, Sec. 7 (part).) |
|
|
CHAPTER 1059. MCCULLOCH COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1059.001. DEFINITIONS |
|
|
Sec. 1059.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1059.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1059.004. DISTRICT TERRITORY |
|
|
Sec. 1059.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1059.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1059.007-1059.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1059.051. BOARD ELECTION; TERMS |
|
|
Sec. 1059.052. NOTICE OF ELECTION |
|
|
Sec. 1059.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1059.054. BOND; RECORD OF BOND |
|
|
Sec. 1059.055. BOARD VACANCY |
|
|
Sec. 1059.056. OFFICERS |
|
|
Sec. 1059.057. COMPENSATION; EXPENSES |
|
|
Sec. 1059.058. VOTING REQUIREMENT |
|
|
Sec. 1059.059. DISTRICT ADMINISTRATOR |
|
|
Sec. 1059.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1059.061. EMPLOYEES; APPOINTMENT AND REMOVAL OF |
|
|
STAFF |
|
|
Sec. 1059.062. RECRUITMENT OF MEDICAL STAFF AND |
|
|
PROFESSIONAL PERSONNEL |
|
|
Sec. 1059.063. RETIREMENT BENEFITS |
|
|
[Sections 1059.064-1059.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1059.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1059.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1059.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1059.104. RULES |
|
|
Sec. 1059.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1059.106. MOBILE EMERGENCY MEDICAL OR AIR |
|
|
AMBULANCE SERVICE |
|
|
Sec. 1059.107. DISTRICT PROPERTY, FACILITIES, |
|
|
EQUIPMENT, AND SERVICES |
|
|
Sec. 1059.108. EMINENT DOMAIN |
|
|
Sec. 1059.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1059.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1059.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1059.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1059.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1059.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1059.115. POLICIES OR RULES ON INDIGENT HEALTH |
|
|
CARE |
|
|
Sec. 1059.116. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1059.117. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1059.118-1059.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1059.151. BUDGET |
|
|
Sec. 1059.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1059.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1059.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1059.155. FISCAL YEAR |
|
|
Sec. 1059.156. ANNUAL AUDIT |
|
|
Sec. 1059.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1059.158. FINANCIAL REPORT |
|
|
Sec. 1059.159. DEPOSITORY |
|
|
Sec. 1059.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1059.161. AUTHORITY TO BORROW MONEY |
|
|
[Sections 1059.162-1059.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1059.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1059.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1059.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1059.204. REVENUE BONDS |
|
|
Sec. 1059.205. REFUNDING BONDS |
|
|
Sec. 1059.206. MATURITY OF BONDS |
|
|
Sec. 1059.207. EXECUTION OF BONDS |
|
|
Sec. 1059.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1059.209-1059.250 reserved for expansion] |
|
|
SUBCHAPTER F. AD VALOREM TAX |
|
|
Sec. 1059.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1059.252. TAX RATE |
|
|
Sec. 1059.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1059.254-1059.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1059.301. DISSOLUTION; ELECTION |
|
|
Sec. 1059.302. NOTICE OF ELECTION |
|
|
Sec. 1059.303. BALLOT |
|
|
Sec. 1059.304. ELECTION RESULTS |
|
|
Sec. 1059.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
|
Sec. 1059.306. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
Sec. 1059.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES |
|
|
Sec. 1059.308. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1059. MCCULLOCH COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1059.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the McCulloch County Hospital |
|
|
District. (Acts 71st Leg., R.S., Ch. 51, Sec. 1.01.) |
|
|
Sec.1059.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 51, |
|
|
Sec. 1.02.) |
|
|
Sec.1059.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
71st Leg., R.S., Ch. 51, Sec. 7.11 (part).) |
|
|
Sec.1059.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of McCulloch County, |
|
|
Texas. (Acts 71st Leg., R.S., Ch. 51, Sec. 1.03.) |
|
|
Sec. 1059.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not become obligated for the support or |
|
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
|
9.01 (part).) |
|
|
Sec.1059.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 9.01 (part).) |
|
|
[Sections 1059.007-1059.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1059.051.BOARD ELECTION; TERMS. (a) The district is |
|
|
governed by a board of seven directors. |
|
|
(b) One director is elected from each commissioners |
|
|
precinct and three directors are elected from the district at |
|
|
large. |
|
|
(c) Directors serve staggered three-year terms. |
|
|
(d) An election shall be held on the uniform election date |
|
|
in May of each year to elect the appropriate number of directors. |
|
|
(Acts 71st Leg., R.S., Ch. 51, Secs. 4.01(a), 4.03(a), (d).) |
|
|
Sec.1059.052.NOTICE OF ELECTION. Not earlier than 30 days |
|
|
or later than 10 days before the date of an election of directors, |
|
|
notice of the election shall be published one time in a newspaper |
|
|
with general circulation in the district. (Acts 71st Leg., R.S., |
|
|
Ch. 51, Sec. 4.04.) |
|
|
Sec.1059.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be a candidate for or to serve as a director, a person |
|
|
must be: |
|
|
(1) a district resident; |
|
|
(2) a qualified voter; and |
|
|
(3) able to obtain a bond as prescribed by Section |
|
|
1059.054. |
|
|
(b) In addition to Subsection (a), a person who is elected |
|
|
from a commissioners precinct or who is appointed to fill a vacancy |
|
|
for a commissioners precinct must be a resident of that |
|
|
commissioners precinct. |
|
|
(c) A district employee or member of the district's medical |
|
|
staff may not serve as a director. |
|
|
(d) A person formerly employed by the district may not serve |
|
|
as a director before the second anniversary of the date of the |
|
|
termination of that person's employment by the district. (Acts |
|
|
71st Leg., R.S., Ch. 51, Sec. 4.06.) |
|
|
Sec.1059.054.BOND; RECORD OF BOND. (a) Before assuming |
|
|
the duties of office, each director must execute a bond for $5,000 |
|
|
that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) Each director's bond shall be kept in the district's |
|
|
permanent records. |
|
|
(c) The director shall obtain the bond from an insurer |
|
|
authorized to engage in business in this state. (Acts 71st Leg., |
|
|
R.S., Ch. 51, Sec. 4.07.) |
|
|
Sec.1059.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 51, |
|
|
Sec. 4.08.) |
|
|
Sec.1059.056.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 71st Leg., R.S., Ch. 51, Secs. 4.09, 4.10.) |
|
|
Sec.1059.057.COMPENSATION; EXPENSES. 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. (Acts 71st Leg., R.S., Ch. |
|
|
51, Sec. 4.11.) |
|
|
Sec.1059.058.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
|
4.12.) |
|
|
Sec.1059.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to the compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator shall execute a bond in the amount determined by |
|
|
the board of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The bond shall be kept in the district's permanent |
|
|
records. |
|
|
(e) The district administrator shall obtain the bond from an |
|
|
insurer authorized to engage in business in this state. |
|
|
(f) The board may pay for the bond with district money. |
|
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 4.13.) |
|
|
Sec.1059.060.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. (Acts |
|
|
71st Leg., R.S., Ch. 51, Sec. 4.17.) |
|
|
Sec.1059.061.EMPLOYEES; APPOINTMENT AND REMOVAL OF STAFF. |
|
|
(a) The board may: |
|
|
(1) appoint to or remove from the staff any doctors the |
|
|
board considers necessary for the efficient operation of the |
|
|
district and may make temporary appointments as necessary; and |
|
|
(2) adopt policies relating to the method of |
|
|
appointing and removing staff members. |
|
|
(b) The district may employ technicians, nurses, fiscal |
|
|
agents, accountants, architects, attorneys, and other necessary |
|
|
employees. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ persons for the district. |
|
|
(d) The district may not employ a person who is related to a |
|
|
director within the second degree by consanguinity or affinity, as |
|
|
determined under Subchapter B, Chapter 573, Government Code, during |
|
|
that director's term of office. A district employee who is related |
|
|
to a person elected as a director within the second degree by |
|
|
consanguinity or affinity shall resign from employment when that |
|
|
director takes office. (Acts 71st Leg., R.S., Ch. 51, Secs. 4.14, |
|
|
4.15.) |
|
|
Sec. 1059.062. RECRUITMENT OF MEDICAL STAFF AND |
|
|
PROFESSIONAL PERSONNEL. The board may use innovative methods to |
|
|
recruit physicians, nurses, technicians, and other professional |
|
|
personnel, including: |
|
|
(1) scholarship programs; |
|
|
(2) agreements for future services; |
|
|
(3) shared personnel; |
|
|
(4) bonuses; and |
|
|
(5) any other method the district considers |
|
|
necessary. (Acts 71st Leg., R.S., Ch. 51, Sec. 4.16.) |
|
|
Sec.1059.063.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. (Acts 71st Leg., R.S., Ch. |
|
|
51, Sec. 4.18.) |
|
|
[Sections 1059.064-1059.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1059.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
|
5.02(a) (part).) |
|
|
Sec. 1059.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. McCulloch County, the City of Brady, and the |
|
|
McCulloch County Hospital Authority may not impose a tax or issue |
|
|
bonds or other obligations for hospital purposes or to provide |
|
|
medical care for district residents. (Acts 71st Leg., R.S., Ch. 51, |
|
|
Sec. 5.01(b).) |
|
|
Sec.1059.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the hospital system |
|
|
and the district's money and resources. (Acts 71st Leg., R.S., Ch. |
|
|
51, Sec. 5.03.) |
|
|
Sec.1059.104.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. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
|
5.04.) |
|
|
Sec.1059.105.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. (Acts 71st Leg., R.S., Ch. 51, Sec. 5.05.) |
|
|
Sec. 1059.106. MOBILE EMERGENCY MEDICAL OR AIR AMBULANCE |
|
|
SERVICE. The district may operate or provide for the operation of a |
|
|
mobile emergency medical or air ambulance service. (Acts 71st |
|
|
Leg., R.S., Ch. 51, Sec. 5.02(a) (part).) |
|
|
Sec. 1059.107. DISTRICT PROPERTY, FACILITIES, EQUIPMENT, |
|
|
AND SERVICES. (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 district has complete discretion as to the type and |
|
|
extent of services the district will offer. The district may |
|
|
provide any services or facilities the board finds necessary for |
|
|
hospital or medical care, including: |
|
|
(1) facilities for domiciliary care, including |
|
|
geriatric domiciliary care; |
|
|
(2) outpatient clinics; |
|
|
(3) dispensaries; |
|
|
(4) convalescent home facilities; |
|
|
(5) necessary nurses; |
|
|
(6) domiciliaries and training centers; |
|
|
(7) blood banks; |
|
|
(8) community mental health centers; |
|
|
(9) alcohol or chemical dependency centers; |
|
|
(10) minor emergency centers; |
|
|
(11) research centers; or |
|
|
(12) laboratories. |
|
|
(c) The board may: |
|
|
(1) acquire property, including facilities and |
|
|
equipment, for the district for use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(d) The board may lease hospital facilities for the |
|
|
district. |
|
|
(e) The board may sell or otherwise dispose of property, |
|
|
including facilities or equipment, for the district at public or |
|
|
private sale at the price and terms the board considers most |
|
|
advantageous. (Acts 71st Leg., R.S., Ch. 51, Sec. 5.06.) |
|
|
Sec.1059.108.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 |
|
|
property interest is necessary to exercise a right 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 the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
|
5.09.) |
|
|
Sec.1059.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, 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 must bear |
|
|
the actual cost of relocating, raising, lowering, rerouting, |
|
|
changing the grade, or altering the construction to provide |
|
|
comparable replacement without enhancement of facilities, after |
|
|
deducting the net salvage value derived from the old facility. |
|
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 5.10.) |
|
|
Sec.1059.110.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 other provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 51, |
|
|
Sec. 5.14.) |
|
|
Sec.1059.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 71st Leg., R.S., Ch. 51, Sec. 5.07(a).) |
|
|
Sec.1059.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
|
51, Sec. 5.08.) |
|
|
Sec. 1059.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. The board may contract with a political subdivision of |
|
|
this state or with a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical or air |
|
|
ambulance service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 51, Sec. 5.13.) |
|
|
Sec.1059.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the financial circumstances of: |
|
|
(1) the patient; or |
|
|
(2) a relative of the patient who is legally |
|
|
responsible for the patient's support. |
|
|
(b) As required by Section 9, Article IX, Texas |
|
|
Constitution, the district without charge shall provide to a |
|
|
patient who resides in the district the care and treatment that the |
|
|
patient or a relative of the patient who is legally responsible for |
|
|
the patient's support cannot pay. |
|
|
(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 individual'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 who |
|
|
was legally responsible for the patient's support in the manner |
|
|
provided by law for collection of expenses of the last illness of a |
|
|
deceased person. |
|
|
(e) If there is a dispute relating to an individual's |
|
|
ability to pay or if the district administrator has any doubt |
|
|
concerning an individual's ability to pay, the board shall: |
|
|
(1) call witnesses; |
|
|
(2) issue subpoenas and subpoenas duces tecum; |
|
|
(3) administer oaths; |
|
|
(4) hear and resolve the question; and |
|
|
(5) issue a final order. |
|
|
(f) A final order of the board may be appealed to a district |
|
|
court in McCulloch County. The substantial evidence rule applies |
|
|
to the appeal. (Acts 71st Leg., R.S., Ch. 51, Secs. 5.11(a), (d), |
|
|
(e), (f), (g).) |
|
|
Sec.1059.115.POLICIES OR RULES ON INDIGENT HEALTH CARE. |
|
|
(a) The district may adopt, amend, or repeal policies or rules |
|
|
relating to indigent health care that include: |
|
|
(1) eligibility of patients for indigent health care; |
|
|
(2) application forms for patients or relatives of |
|
|
patients requesting indigent health care that may require personal |
|
|
and financial information to be furnished; |
|
|
(3) procedures for obtaining and completing |
|
|
applications for indigent health care and for filing the completed |
|
|
applications with the district; |
|
|
(4) procedures for reviewing applications to |
|
|
determine eligibility for indigent health care; and |
|
|
(5) other procedures provided by this section and |
|
|
Section 1059.116. |
|
|
(b) The application procedure to determine eligibility for |
|
|
indigent health care must be adopted not later than the beginning of |
|
|
each operating year and must comply with Chapter 61, Health and |
|
|
Safety Code. (Acts 71st Leg., R.S., Ch. 51, Secs. 5.11(b), (c).) |
|
|
Sec.1059.116.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person of that county, |
|
|
municipality, or public hospital as provided by Chapter 61, Health |
|
|
and Safety Code. |
|
|
(b) The board shall require the sheriff of McCulloch County |
|
|
to reimburse the district for the district's care and treatment of a |
|
|
person who is confined in a jail facility of McCulloch County and is |
|
|
not a district resident. |
|
|
(c) 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. (Acts 71st Leg., R.S., Ch. |
|
|
51, Sec. 5.12.) |
|
|
Sec.1059.117.AUTHORITY TO SUE AND BE SUED. (a) The board |
|
|
may sue and be sued on behalf of the district. |
|
|
(b) The district may assert any defense or counterclaim the |
|
|
McCulloch County Hospital Authority could have asserted related to |
|
|
any debt that was: |
|
|
(1) incurred by the authority for hospital purposes; |
|
|
and |
|
|
(2) assumed by the district on the district's |
|
|
creation. (Acts 71st Leg., R.S., Ch. 51, Secs. 5.02(b), 5.15.) |
|
|
[Sections 1059.118-1059.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1059.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
|
R.S., Ch. 51, Sec. 6.04.) |
|
|
Sec.1059.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) The board shall publish notice of the hearing in a |
|
|
newspaper of 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 71st Leg., R.S., Ch. 51, Sec. 6.05.) |
|
|
Sec.1059.153.AMENDMENTS TO BUDGET. After adoption, the |
|
|
annual budget may be amended on the board's approval. (Acts 71st |
|
|
Leg., R.S., Ch. 51, Sec. 6.06.) |
|
|
Sec.1059.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 71st Leg., R.S., Ch. 51, Sec. 6.07.) |
|
|
Sec.1059.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) when revenue bonds of the district are |
|
|
outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 71st |
|
|
Leg., R.S., Ch. 51, Sec. 6.01.) |
|
|
Sec.1059.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 71st |
|
|
Leg., R.S., Ch. 51, Sec. 6.02.) |
|
|
Sec. 1059.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records are open to |
|
|
inspection during regular business hours at the district's |
|
|
principal office. (Acts 71st Leg., R.S., Ch. 51, Sec. 6.03.) |
|
|
Sec.1059.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 6.08.) |
|
|
Sec.1059.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1059.160(b) 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 must remain on |
|
|
deposit. This subsection does not limit the power of the board to |
|
|
place a portion of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
|
6.11.) |
|
|
Sec.1059.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Sections 1059.111, 1059.201, 1059.204, and |
|
|
1059.205, the district may not incur a debt payable from district |
|
|
revenue other than the revenue on hand or to be on hand in the |
|
|
current and immediately following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 51, Sec. 6.09.) |
|
|
Sec.1059.161.AUTHORITY TO BORROW MONEY. (a) The district |
|
|
may borrow money for district operating expenses in an amount not to |
|
|
exceed the amount of tax revenue the district expects to receive |
|
|
during the 12-month period following the date the money is |
|
|
borrowed. |
|
|
(b) The district may pledge all or any part of that tax |
|
|
revenue to repay the amount borrowed. (Acts 71st Leg., R.S., Ch. |
|
|
51, Sec. 6.10.) |
|
|
[Sections 1059.162-1059.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1059.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds authorized by an election |
|
|
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 or |
|
|
air ambulance service. (Acts 71st Leg., R.S., Ch. 51, Sec. 7.01.) |
|
|
Sec.1059.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1059.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 51, Sec. 7.02.) |
|
|
Sec.1059.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the bond |
|
|
election. (Acts 71st Leg., R.S., Ch. 51, Sec. 7.03.) |
|
|
Sec.1059.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, equip, or |
|
|
renovate buildings or improvements for hospital purposes, |
|
|
including the purposes described by Section 1059.107; |
|
|
(2) acquire sites to be used for hospital purposes; or |
|
|
(3) acquire and operate a mobile emergency medical or |
|
|
air ambulance 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 revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 7.04.) |
|
|
Sec.1059.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
|
Leg., R.S., Ch. 51, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1059.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
71st Leg., R.S., Ch. 51, Sec. 7.06 (part).) |
|
|
Sec.1059.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
|
R.S., Ch. 51, Sec. 7.07.) |
|
|
Sec.1059.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
|
Leg., R.S., Ch. 51, Sec. 7.11 (part).) |
|
|
[Sections 1059.209-1059.250 reserved for expansion] |
|
|
SUBCHAPTER F. AD VALOREM TAX |
|
|
Sec.1059.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
|
Leg., R.S., Ch. 51, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
|
Sec.1059.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts |
|
|
71st Leg., R.S., Ch. 51, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
|
Sec.1059.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
|
8.04(b).) |
|
|
[Sections 1059.254-1059.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1059.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and disposing of the district's assets and |
|
|
obligations. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by a number of |
|
|
district residents equal to at least 15 percent of the registered |
|
|
voters in the district. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. 51, |
|
|
Secs. 10.01(a), (b), (c) (part).) |
|
|
Sec.1059.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks the election order in a newspaper |
|
|
with general circulation in the district. |
|
|
(b) The first publication of notice must appear not later |
|
|
than the 35th day before the date set for the election. (Acts 71st |
|
|
Leg., R.S., Ch. 51, Sec. 10.01(d) (part).) |
|
|
Sec.1059.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the McCulloch County Hospital |
|
|
District." (Acts 71st Leg., R.S., Ch. 51, Sec. 10.01(d) (part).) |
|
|
Sec.1059.304.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution, the |
|
|
board shall find that the district is dissolved. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution, the board shall continue to administer the district |
|
|
and another election on the question of dissolution may not be held |
|
|
before the first anniversary of the date of the most recent election |
|
|
to dissolve the district. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
|
10.01(e).) |
|
|
Sec.1059.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
|
If a majority of the votes in the election held under this |
|
|
subchapter favor dissolution, the board shall: |
|
|
(1) transfer the land, buildings, improvements, |
|
|
equipment, and other assets that belong to the district to |
|
|
McCulloch County or another governmental entity in McCulloch |
|
|
County; or |
|
|
(2) administer the property, assets, and debts until |
|
|
all money has been disposed of and all district debts have been paid |
|
|
or settled. |
|
|
(b) If the district makes the transfer under Subsection |
|
|
(a)(1), the county or entity assumes all debts and obligations of |
|
|
the district at the time of the transfer, and the district is |
|
|
dissolved. (Acts 71st Leg., R.S., Ch. 51, Secs. 10.01(f), (g).) |
|
|
Sec.1059.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The district may not be dissolved unless the board provides for |
|
|
the sale or transfer of the district's assets and liabilities to |
|
|
another person. |
|
|
(b) The dissolution of the district and the sale or transfer |
|
|
of the district's assets or liabilities may not contravene a trust |
|
|
indenture or bond resolution relating to the district's outstanding |
|
|
bonds. The dissolution and sale or transfer does not diminish or |
|
|
impair the rights of a holder of an outstanding bond, warrant, or |
|
|
other obligation of the district. |
|
|
(c) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of district |
|
|
residents, including the residents' collective property rights in |
|
|
the district's assets. |
|
|
(d) The district may not transfer or dispose of the |
|
|
district's assets except for due compensation unless: |
|
|
(1) the transfer is made to another governmental |
|
|
entity that serves the district; and |
|
|
(2) the transferred assets are to be used for the |
|
|
benefit of district residents. |
|
|
(e) A grant from federal funds is an obligation to be repaid |
|
|
in satisfaction. (Acts 71st Leg., R.S., Ch. 51, Secs. 10.01(m), |
|
|
(n).) |
|
|
Sec. 1059.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) After the board finds that the district is dissolved, |
|
|
the board shall: |
|
|
(1) determine the debt owed by the district; and |
|
|
(2) impose on the property included in the district's |
|
|
tax rolls a tax that is in proportion of the debt to the property |
|
|
value. |
|
|
(b) On the payment of all outstanding debts and obligations |
|
|
of the district, the board shall order the secretary to return to |
|
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
|
tax money. |
|
|
(c) A taxpayer may request that the taxpayer's share of |
|
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
|
taxpayer requests the credit, the board shall direct the secretary |
|
|
to transmit the money to the county tax assessor-collector. (Acts |
|
|
71st Leg., R.S., Ch. 51, Secs. 10.01(h), (i), (j).) |
|
|
Sec.1059.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
|
district has paid all district debts and has disposed of all |
|
|
district money and other assets as prescribed by this subchapter, |
|
|
the board shall file a written report with the Commissioners Court |
|
|
of McCulloch County summarizing the board's actions in dissolving |
|
|
the district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of McCulloch 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. (Acts 71st Leg., R.S., Ch. 51, Secs. 10.01(k), (l).) |
|
|
CHAPTER 1060. MENARD COUNTY HOSPITAL DISTRICT OF MENARD COUNTY, |
|
|
TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1060.001. DEFINITIONS |
|
|
Sec. 1060.002. AUTHORITY FOR CREATION |
|
|
Sec. 1060.003. DISTRICT TERRITORY |
|
|
Sec. 1060.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1060.005. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1060.006-1060.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1060.051. BOARD ELECTION; TERM |
|
|
Sec. 1060.052. NOTICE OF ELECTION |
|
|
Sec. 1060.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1060.054. BOND; RECORD OF BOND AND OATH OR |
|
|
AFFIRMATION OF OFFICE |
|
|
Sec. 1060.055. BOARD VACANCY |
|
|
Sec. 1060.056. OFFICERS |
|
|
Sec. 1060.057. COMPENSATION; EXPENSES |
|
|
Sec. 1060.058. DISTRICT ADMINISTRATOR |
|
|
Sec. 1060.059. EMPLOYEES |
|
|
Sec. 1060.060. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
[Sections 1060.061-1060.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1060.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1060.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1060.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
|
Sec. 1060.104. HOSPITAL SYSTEM |
|
|
Sec. 1060.105. RULES |
|
|
Sec. 1060.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1060.107. EMINENT DOMAIN |
|
|
Sec. 1060.108. GIFTS AND ENDOWMENTS |
|
|
Sec. 1060.109. CONTRACTS FOR HOSPITAL AND MEDICAL CARE |
|
|
Sec. 1060.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
[Sections 1060.111-1060.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1060.151. BUDGET |
|
|
Sec. 1060.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1060.153. FISCAL YEAR |
|
|
Sec. 1060.154. ANNUAL AUDIT |
|
|
Sec. 1060.155. DEPOSITORY |
|
|
[Sections 1060.156-1060.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1060.201. BONDS |
|
|
Sec. 1060.202. TAX TO PAY BONDS |
|
|
Sec. 1060.203. BOND ELECTION |
|
|
Sec. 1060.204. MATURITY OF BONDS |
|
|
Sec. 1060.205. EXECUTION OF BONDS |
|
|
[Sections 1060.206-1060.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1060.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1060.252. TAX RATE |
|
|
Sec. 1060.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1060. MENARD COUNTY HOSPITAL DISTRICT OF MENARD COUNTY, |
|
|
TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1060.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Menard County Hospital |
|
|
District of Menard County, Texas. (New.) |
|
|
Sec.1060.002.AUTHORITY FOR CREATION. The district of |
|
|
Menard County, Texas, is created under the authority of Section 9, |
|
|
Article IX, Texas Constitution. (Acts 64th Leg., R.S., Ch. 665, |
|
|
Sec. 1.) |
|
|
Sec.1060.003.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Menard County. |
|
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 2.) |
|
|
Sec. 1060.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district's hospital |
|
|
system and any indebtedness incurred by the district under this |
|
|
chapter may not become a charge against or obligation of this state. |
|
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 18 (part).) |
|
|
Sec.1060.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 18 (part).) |
|
|
[Sections 1060.006-1060.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1060.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of five directors elected from the district at large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 64th Leg., R.S., Ch. 665, Secs. 5(a), (d), (e), |
|
|
(g).) |
|
|
Sec.1060.052.NOTICE OF ELECTION. At least 30 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper or newspapers that |
|
|
individually or collectively have general circulation in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 665, Sec. 5(f) (part).) |
|
|
Sec.1060.053.QUALIFICATIONS FOR OFFICE. To qualify for |
|
|
election to the board, a person must: |
|
|
(1) be at least 21 years of age; |
|
|
(2) have been a district resident for at least two |
|
|
years; and |
|
|
(3) be a qualified voter of the district. (Acts 64th |
|
|
Leg., R.S., Ch. 665, Sec. 5(b).) |
|
|
Sec. 1060.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
|
commercial bond for $1,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. |
|
|
(b) The district shall pay for a director's bond. |
|
|
(c) Each director's bond and constitutional oath or |
|
|
affirmation of office shall be deposited with the district's |
|
|
depository for safekeeping. (Acts 64th Leg., R.S., Ch. 665, Sec. |
|
|
6(a).) |
|
|
Sec.1060.055.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, a majority of the directors shall appoint a |
|
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 665, |
|
|
Sec. 5(h).) |
|
|
Sec.1060.056.OFFICERS. The board shall elect from among |
|
|
its members a president, a secretary, and a treasurer at the first |
|
|
meeting of the board after each directors' election. (Acts 64th |
|
|
Leg., R.S., Ch. 665, Sec. 6(b).) |
|
|
Sec.1060.057.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but is entitled to reimbursement for necessary |
|
|
expenses incurred in the performance of official duties. (Acts |
|
|
64th Leg., R.S., Ch. 665, Sec. 6(c).) |
|
|
Sec.1060.058.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
employ a district administrator to manage the operations of the |
|
|
hospital system. |
|
|
(b) The district administrator may employ necessary |
|
|
personnel to perform the services provided by the hospital system. |
|
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 12(e) (part).) |
|
|
Sec.1060.059.EMPLOYEES. The board may employ an |
|
|
attorney, general manager, bookkeeper, architect, and other |
|
|
employees necessary for the efficient operation of the district. |
|
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 12(e) (part).) |
|
|
Sec.1060.060.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
The board shall: |
|
|
(1) maintain all district records, including books, |
|
|
accounts, notices, minutes, and other matters of the district and |
|
|
its operation, at the district office; and |
|
|
(2) make those records available for public inspection |
|
|
at reasonable times. (Acts 64th Leg., R.S., Ch. 665, Sec. 12(b).) |
|
|
[Sections 1060.061-1060.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1060.101.DISTRICT RESPONSIBILITY. The district shall |
|
|
provide all necessary hospital and medical care for the district's |
|
|
needy inhabitants. (Acts 64th Leg., R.S., Ch. 665, Sec. 3 (part).) |
|
|
Sec. 1060.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
|
than the district, may not impose a tax or issue bonds or other |
|
|
obligations to provide hospital service or medical care in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 665, Sec. 3 (part).) |
|
|
Sec.1060.103.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
|
board has full power to manage and control the district. (Acts 64th |
|
|
Leg., R.S., Ch. 665, Sec. 12(a) (part).) |
|
|
Sec.1060.104.HOSPITAL SYSTEM. The district has the |
|
|
responsibility to establish a hospital or hospital system within |
|
|
its boundaries to provide hospital and medical care to the |
|
|
district's residents. (Acts 64th Leg., R.S., Ch. 665, Sec. 3 |
|
|
(part).) |
|
|
Sec.1060.105.RULES. (a) The board shall adopt rules for |
|
|
the efficient operation of the district, including district |
|
|
facilities. |
|
|
(b) The board shall: |
|
|
(1) publish the rules in book form; and |
|
|
(2) provide copies to interested persons on request at |
|
|
district expense. (Acts 64th Leg., R.S., Ch. 665, Sec. 12(c).) |
|
|
Sec.1060.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe the method of making purchases and expenditures |
|
|
and the manner of accounting and control used by the district. |
|
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 12(e) (part).) |
|
|
Sec.1060.107.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in real, personal, or mixed property located in |
|
|
district territory if the interest is necessary or convenient for |
|
|
the district to exercise a power or duty conferred on the district |
|
|
by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in the trial court money or a |
|
|
bond as provided by Section 21.021(a), Property Code. |
|
|
(c) In a condemnation proceeding, the district is not |
|
|
required to: |
|
|
(1) pay in advance or provide a bond or other security |
|
|
for costs in the trial court; or |
|
|
(2) provide a bond for costs or a supersedeas bond on |
|
|
an appeal or writ of error. (Acts 64th Leg., R.S., Ch. 665, Sec. |
|
|
15.) |
|
|
Sec.1060.108.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board under the directions, limitations, or |
|
|
other provisions prescribed in writing by the donor that are not |
|
|
inconsistent with the proper management of the district. (Acts |
|
|
64th Leg., R.S., Ch. 665, Sec. 12(f).) |
|
|
Sec.1060.109.CONTRACTS FOR HOSPITAL AND MEDICAL CARE. |
|
|
The board may contract with another political subdivision to |
|
|
provide hospital and medical care for needy persons who reside |
|
|
outside the district. (Acts 64th Leg., R.S., Ch. 665, Sec. 12(g).) |
|
|
Sec.1060.110.PAYMENT FOR TREATMENT; PROCEDURES. (a) A |
|
|
person who resides in the district is entitled to receive necessary |
|
|
medical and hospital care regardless of whether the person has the |
|
|
ability to pay for the care and may apply to receive this care |
|
|
without cost. |
|
|
(b) The board or the district administrator shall employ a |
|
|
person to investigate the ability of the patient and any relative |
|
|
who is liable for the patient's support to pay for the medical and |
|
|
hospital care received by the patient. |
|
|
(c) If the investigator determines that the patient or |
|
|
relative legally liable for the patient's support cannot pay all or |
|
|
part of the costs of the patient's care, the expense of the care |
|
|
becomes a charge against the district. |
|
|
(d) If the patient or a relative legally liable for the |
|
|
patient's support can pay for all or part of the costs of the |
|
|
patient's care, the board shall order the patient or relative to pay |
|
|
the treasurer each week an amount specified in the order, which must |
|
|
be proportionate to the person's ability to pay. |
|
|
(e) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the investigator, the board shall hold a hearing and, |
|
|
after calling witnesses, shall: |
|
|
(1) determine the question; and |
|
|
(2) make the proper order based on the board's |
|
|
findings. |
|
|
(g) A party to the hearing who is not satisfied with the |
|
|
result of the order may appeal to the district court in the |
|
|
district. (Acts 64th Leg., R.S., Ch. 665, Sec. 14.) |
|
|
[Sections 1060.111-1060.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1060.151.BUDGET. The board shall prepare a budget |
|
|
that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections for the next |
|
|
fiscal year; and |
|
|
(3) the amount of taxes required to be imposed to meet |
|
|
the proposed budget. (Acts 64th Leg., R.S., Ch. 665, Sec. 13(b).) |
|
|
Sec.1060.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in the district not later than |
|
|
the 11th day before the date of the hearing. |
|
|
(c) Any person who owns taxable property in the district and |
|
|
has rendered that property for taxation is entitled to: |
|
|
(1) appear at the hearing; and |
|
|
(2) be heard regarding any item in the proposed |
|
|
budget. (Acts 64th Leg., R.S., Ch. 665, Secs. 13(c), (d).) |
|
|
Sec.1060.153.FISCAL YEAR. The district's fiscal year is |
|
|
from October 1 to September 30. (Acts 64th Leg., R.S., Ch. 665, |
|
|
Sec. 13(a).) |
|
|
Sec.1060.154.ANNUAL AUDIT. (a) The board annually shall |
|
|
require an independent audit of the district's books and records. |
|
|
(b) Not later than December 1 of each year, the board shall |
|
|
file a copy of the audit with: |
|
|
(1) the comptroller; and |
|
|
(2) the district. (Acts 64th Leg., R.S., Ch. 665, Sec. |
|
|
12(d).) |
|
|
Sec.1060.155.DEPOSITORY. (a) The board by resolution |
|
|
shall designate a bank in Menard County as the district's |
|
|
depository. A designated bank serves for two years until a |
|
|
successor is designated. |
|
|
(b) All district money shall be deposited in the district's |
|
|
depository and secured in the manner provided for securing county |
|
|
funds. (Acts 64th Leg., R.S., Ch. 665, Sec. 16.) |
|
|
[Sections 1060.156-1060.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1060.201.BONDS. The district may issue bonds to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings and improvements; and |
|
|
(2) equip buildings for hospital purposes. (Acts 64th |
|
|
Leg., R.S., Ch. 665, Secs. 9(a) (part), 10(a) (part).) |
|
|
Sec.1060.202.TAX TO PAY BONDS. The board may issue bonds |
|
|
under Section 1060.201 only if the board imposes an ad valorem tax |
|
|
at a rate sufficient to create an interest and sinking fund to pay |
|
|
the principal of and interest on the bonds as the bonds mature. |
|
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 10(c).) |
|
|
Sec.1060.203.BOND ELECTION. (a) The board may issue |
|
|
bonds under Section 1060.201 only if the bonds are authorized by a |
|
|
majority of district voters voting in an election held for that |
|
|
purpose. The total face value of the bonds may not exceed the |
|
|
amount specified in the election order. |
|
|
(b) The board may order a bond election at any time. |
|
|
(c) The order calling the election must include: |
|
|
(1) the time of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the form of the ballots; |
|
|
(4) the presiding judge for each polling place; |
|
|
(5) the purpose of the bond issuance; |
|
|
(6) the amount of the bonds to be authorized; |
|
|
(7) the maximum interest rate of the bonds; and |
|
|
(8) the maximum maturity date of the bonds. |
|
|
(d) A substantial copy of the election order shall be |
|
|
published in a newspaper of general circulation in the district |
|
|
once a week for two consecutive weeks before the date of the |
|
|
election. The first notice must be published not later than the |
|
|
15th day before the date of the election. |
|
|
(e) A copy of the election results must be filed with the |
|
|
county clerk and become a public record. (Acts 64th Leg., R.S., Ch. |
|
|
665, Secs. 4(b), (c), (d) (part); 9(a) (part), (b), (d); 10(a) |
|
|
(part).) |
|
|
Sec.1060.204.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
64th Leg., R.S., Ch. 665, Sec. 9(c).) |
|
|
Sec.1060.205.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
64th Leg., R.S., Ch. 665, Sec. 10(b) (part).) |
|
|
[Sections 1060.206-1060.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1060.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
shall impose a tax on all property in the district subject to |
|
|
district taxation. |
|
|
(b) The tax may be used only to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued under this chapter; |
|
|
(2) provide for the operation and maintenance of the |
|
|
district and hospital system; |
|
|
(3) make improvements and additions to the hospital |
|
|
system; or |
|
|
(4) acquire sites for additions to the hospital |
|
|
system. (Acts 64th Leg., R.S., Ch. 665, Secs. 8(a) (part), (c).) |
|
|
Sec.1060.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 64th Leg., R.S., Ch. 665, Sec. 8(a) |
|
|
(part).) |
|
|
Sec.1060.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Menard County shall collect taxes for the |
|
|
district. (Acts 64th Leg., R.S., Ch. 665, Sec. 8(d) (part).) |
|
|
CHAPTER 1062. MITCHELL COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1062.001. DEFINITIONS |
|
|
Sec. 1062.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1062.003. DISTRICT TERRITORY |
|
|
Sec. 1062.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1062.005. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1062.006-1062.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1062.051. BOARD ELECTION; TERM |
|
|
Sec. 1062.052. NOTICE OF ELECTION |
|
|
Sec. 1062.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1062.054. BOARD VACANCY |
|
|
Sec. 1062.055. OFFICERS |
|
|
Sec. 1062.056. COMPENSATION; EXPENSES |
|
|
Sec. 1062.057. VOTING REQUIREMENT |
|
|
Sec. 1062.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR |
|
|
Sec. 1062.059. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1062.060. APPOINTMENT AND RECRUITMENT OF STAFF |
|
|
AND EMPLOYEES |
|
|
Sec. 1062.061. PERSONNEL CONTRACTS |
|
|
Sec. 1062.062. EDUCATIONAL PROGRAMS; COURSES |
|
|
Sec. 1062.063. RETIREMENT BENEFITS |
|
|
[Sections 1062.064-1062.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1062.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1062.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT |
|
|
Sec. 1062.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1062.104. HOSPITAL SYSTEM |
|
|
Sec. 1062.105. RULES |
|
|
Sec. 1062.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1062.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1062.108. EMINENT DOMAIN |
|
|
Sec. 1062.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1062.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1062.111. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR CARE AND TREATMENT |
|
|
Sec. 1062.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1062.113. NONPROFIT CORPORATION |
|
|
Sec. 1062.114. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1062.115-1062.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1062.151. BUDGET |
|
|
Sec. 1062.152. NOTICE; HEARING; APPROVAL OF BUDGET |
|
|
Sec. 1062.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1062.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1062.155. FISCAL YEAR |
|
|
Sec. 1062.156. ANNUAL AUDIT |
|
|
Sec. 1062.157. INSPECTION OF ANNUAL AUDIT AND |
|
|
DISTRICT RECORDS |
|
|
Sec. 1062.158. FINANCIAL REPORT |
|
|
Sec. 1062.159. DEPOSITORY |
|
|
Sec. 1062.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
Sec. 1062.161. GENERAL AUTHORITY TO BORROW MONEY; |
|
|
SECURITY |
|
|
Sec. 1062.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
|
SECURITY |
|
|
[Sections 1062.163-1062.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1062.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1062.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1062.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1062.204. REVENUE BONDS |
|
|
Sec. 1062.205. MATURITY OF BONDS |
|
|
Sec. 1062.206. EXECUTION OF BONDS |
|
|
[Sections 1062.207-1062.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1062.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1062.252. TAX RATE |
|
|
Sec. 1062.253. TAX ASSESSOR-COLLECTOR |
|
|
[Sections 1062.254-1062.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec. 1062.301. DISSOLUTION; ELECTION |
|
|
Sec. 1062.302. NOTICE OF ELECTION |
|
|
Sec. 1062.303. BALLOT |
|
|
Sec. 1062.304. ELECTION RESULTS |
|
|
Sec. 1062.305. TRANSFER, SALE, OR ADMINISTRATION OF |
|
|
ASSETS |
|
|
Sec. 1062.306. SALE OR TRANSFER OF ASSETS AND |
|
|
LIABILITIES |
|
|
Sec. 1062.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES |
|
|
Sec. 1062.308. REPORT; DISSOLUTION ORDER |
|
|
CHAPTER 1062. MITCHELL COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1062.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Mitchell County Hospital |
|
|
District. (Acts 60th Leg., R.S., Ch. 466, Sec. 1a(a) (part); New.) |
|
|
Sec.1062.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution, and has the rights, powers, and duties provided by |
|
|
this chapter. (Acts 60th Leg., R.S., Ch. 466, Sec. 1 (part).) |
|
|
Sec.1062.003.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of: |
|
|
(1) Commissioners Precincts Nos. 1, 2, and 3 of |
|
|
Mitchell County, Texas, as those boundaries existed on January 1, |
|
|
1967; and |
|
|
(2) Commissioners Precinct No. 4 of Mitchell County, |
|
|
Texas, as those boundaries existed on January 1, 1973. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Secs. 1 (part), 1a(a) (part).) |
|
|
Sec. 1062.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The support and maintenance of the district may not |
|
|
become a charge against or obligation of this state. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Sec. 20 (part).) |
|
|
Sec.1062.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 20 (part).) |
|
|
[Sections 1062.006-1062.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1062.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of seven directors elected from the district at large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) an election shall be held on the uniform election |
|
|
date in May of each year to elect the appropriate number of |
|
|
directors. |
|
|
(c) The election order must state the time, place, and |
|
|
purpose of the election. (Acts 60th Leg., R.S., Ch. 466, Secs. 4(a) |
|
|
(part), (b) (part), (e) (part).) |
|
|
Sec.1062.052.NOTICE OF ELECTION. At least 10 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper of general circulation in the |
|
|
district. (Acts 60th Leg., R.S., Ch. 466, Sec. 4(e) (part).) |
|
|
Sec.1062.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
qualified for election to the board, a person must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. |
|
|
(b) A district employee may not serve as a director. (Acts |
|
|
60th Leg., R.S., Ch. 466, Sec. 4(c) (part).) |
|
|
Sec.1062.054.BOARD VACANCY. (a) If a vacancy occurs in |
|
|
the office of director, the remaining directors by majority vote |
|
|
shall elect a director to hold office for the remainder of the |
|
|
unexpired term. |
|
|
(b) If the number of directors is reduced to fewer than four |
|
|
for any reason, the remaining directors shall immediately call a |
|
|
special election to fill the vacancies. If the remaining directors |
|
|
do not call the election, a district court, on application of a |
|
|
qualified voter or taxpayer of the district, may order the |
|
|
directors to hold the election. (Acts 60th Leg., R.S., Ch. 466, |
|
|
Sec. 4(d) (part).) |
|
|
Sec.1062.055.OFFICERS. (a) The board shall elect a |
|
|
president and a vice president from among its members. |
|
|
(b) The board shall elect a person, who is not required to be |
|
|
a director, to serve as secretary and treasurer. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 4(d) (part).) |
|
|
Sec.1062.056.COMPENSATION; EXPENSES. A director is not |
|
|
entitled to compensation but is entitled to reimbursement for |
|
|
actual expenses incurred in attending to district business. The |
|
|
expenses must be: |
|
|
(1) reported in the district's records; and |
|
|
(2) approved by the remainder of the board. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Sec. 4(c) (part).) |
|
|
Sec.1062.057.VOTING REQUIREMENT. A concurrence of four |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 60th Leg., R.S., Ch. 466, Sec. 4(d) (part).) |
|
|
Sec. 1062.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
|
district administrator. |
|
|
(b) The board may appoint an assistant administrator. |
|
|
(c) The district administrator and any assistant |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. |
|
|
(d) The board may require the district administrator, on |
|
|
assuming the administrator's duties, to execute a bond payable to |
|
|
the district in an amount set by the board of not less than $5,000 |
|
|
that: |
|
|
(1) is conditioned on the administrator performing the |
|
|
administrator's duties; and |
|
|
(2) contains other conditions the board may require. |
|
|
(e) The board may pay for the bond with district money. |
|
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 5(a) (part).) |
|
|
Sec.1062.059.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 affairs of the district. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Sec. 5(a) (part).) |
|
|
Sec. 1062.060. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
|
EMPLOYEES. (a) The board may appoint to the staff or may employ any |
|
|
doctors, technicians, nurses, and other employees the board |
|
|
considers necessary for the efficient operation of the district. |
|
|
(b) The district may employ fiscal agents, accountants, |
|
|
architects, and attorneys the board considers proper. |
|
|
(c) The board may provide that the district administrator |
|
|
has the authority to hire district employees, including technicians |
|
|
and nurses. |
|
|
(d) The board may spend district money to recruit |
|
|
physicians, nurses, and other trained medical personnel. (Acts |
|
|
60th Leg., R.S., Ch. 466, Secs. 5(a) (part), (d), 16.) |
|
|
Sec.1062.061.PERSONNEL CONTRACTS. (a) The board may |
|
|
contract to provide administrative and other personnel for the |
|
|
operation of the hospital facilities. |
|
|
(b) The term of the contract may not exceed 25 years from |
|
|
the date the contract is entered. (Acts 60th Leg., R.S., Ch. 466, |
|
|
Sec. 9(c) (part).) |
|
|
Sec.1062.062.EDUCATIONAL PROGRAMS; COURSES. The board |
|
|
may provide or contract to provide educational programs or courses |
|
|
for district employees and medical staff. (Acts 60th Leg., R.S., |
|
|
Ch. 466, Sec. 5(f).) |
|
|
Sec.1062.063.RETIREMENT BENEFITS. The board may provide |
|
|
retirement benefits for district employees by: |
|
|
(1) establishing or administering a retirement |
|
|
program; or |
|
|
(2) participating in a statewide retirement system. |
|
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 5(c).) |
|
|
[Sections 1062.064-1062.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1062.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for operating all hospital facilities for |
|
|
providing medical and hospital care for the district's needy |
|
|
inhabitants. (Acts 60th Leg., R.S., Ch. 466, Sec. 19 (part).) |
|
|
Sec. 1062.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
|
TAXATION AND DEBT. A political subdivision located within the |
|
|
district may not impose a tax or issue bonds or other obligations |
|
|
for hospital purposes or to provide medical care. (Acts 60th Leg., |
|
|
R.S., Ch. 466, Sec. 19 (part).) |
|
|
Sec.1062.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the district's |
|
|
hospitals and hospital system. (Acts 60th Leg., R.S., Ch. 466, Sec. |
|
|
5(a) (part).) |
|
|
Sec.1062.104.HOSPITAL SYSTEM. The district shall provide |
|
|
for the establishment of a hospital system by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and equipment; |
|
|
(2) equipping the buildings; and |
|
|
(3) administering the buildings and equipment for |
|
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 466, Sec. 2 (part).) |
|
|
Sec.1062.105.RULES. The board may adopt rules for the |
|
|
operation of the district. (Acts 60th Leg., R.S., Ch. 466, Sec. |
|
|
5(a) (part).) |
|
|
Sec.1062.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
|
board may prescribe: |
|
|
(1) the method and manner of making purchases and |
|
|
expenditures by and for the district; and |
|
|
(2) all accounting and control procedures. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Sec. 10 (part).) |
|
|
Sec. 1062.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
|
location of buildings required to maintain an adequate hospital |
|
|
system. Nothing here prohibits the establishing and equipping of a |
|
|
clinic as a part of the hospital system. |
|
|
(b) The board may: |
|
|
(1) purchase or lease property, including facilities |
|
|
and equipment, for the district to use in the hospital system; and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease district hospital facilities to |
|
|
individuals, corporations, or other legal entities. |
|
|
(d) The board may sell or otherwise dispose of the |
|
|
district's property, including facilities and equipment. |
|
|
(e) The district may acquire equipment for use in the |
|
|
district's hospital system and mortgage or pledge the property as |
|
|
security for the payment of the purchase price. A contract entered |
|
|
into under this subsection must provide that the entire obligation |
|
|
be retired not later than the fifth anniversary of the date of the |
|
|
contract. (Acts 60th Leg., R.S., Ch. 466, Secs. 9(a), (b), (c) |
|
|
(part), 10 (part).) |
|
|
Sec.1062.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the interest is necessary or convenient for the |
|
|
district to exercise a power, right, or privilege conferred by this |
|
|
chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 60th Leg., R.S., Ch. 466, Sec. |
|
|
14.) |
|
|
Sec.1062.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment to be held in trust and |
|
|
administered by the board for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 466, |
|
|
Sec. 18.) |
|
|
Sec.1062.110.CONSTRUCTION CONTRACTS. The board may |
|
|
contract for construction only after competitive bidding as |
|
|
provided by Subchapter B, Chapter 271, Local Government Code. |
|
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 10 (part).) |
|
|
Sec. 1062.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
|
municipality located outside the district's boundaries for the care |
|
|
and treatment of a sick or injured person of that county or |
|
|
municipality. |
|
|
(b) The board may contract with this state or a federal |
|
|
agency for the treatment of a sick or injured person. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Sec. 5(b).) |
|
|
Sec.1062.112.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted 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) If the district administrator determines that the |
|
|
patient or relative cannot pay all or part of the costs of the |
|
|
patient's care and treatment in the hospital, the amount of the |
|
|
costs that cannot be paid becomes a charge against the district. |
|
|
(c) If the district administrator determines that the |
|
|
patient or relative can pay for all or part of the costs of the care |
|
|
and treatment provided to the patient by the district, the patient |
|
|
or relative shall be ordered to pay the district a specified amount |
|
|
each week for the patient's care and support. The amount ordered |
|
|
must be proportionate to the person's financial ability. |
|
|
(d) The district administrator may collect the amount from |
|
|
the patient's estate, or from any relative who is legally |
|
|
responsible for the patient's support, in the manner provided by |
|
|
law for the collection of expenses of the last illness of a deceased |
|
|
person. |
|
|
(e) The board may institute a suit to collect an amount owed |
|
|
to the district by a patient who is not able to pay under this |
|
|
section. |
|
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district administrator concerning the ability to |
|
|
pay, the board shall hold a hearing and, after calling witnesses, |
|
|
shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue any appropriate orders. |
|
|
(g) A final order of the board may be appealed to the |
|
|
district court. (Acts 60th Leg., R.S., Ch. 466, Secs. 5(g), 17.) |
|
|
Sec.1062.113.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. |
|
|
(a-1) On or before December 31, 2009, the district may |
|
|
create and sponsor a nonprofit corporation under the Texas |
|
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
|
applicable, and may contribute money to or solicit money for the |
|
|
corporation. |
|
|
(b) The corporation may use district money 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. |
|
|
(e) This subsection and Subsection (a-1) expire December |
|
|
31, 2009. (Acts 60th Leg., R.S., Ch. 466, Sec. 5(h).) |
|
|
Sec.1062.114.AUTHORITY TO SUE AND BE SUED. The district, |
|
|
through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch. |
|
|
466, Sec. 5(a) (part).) |
|
|
[Sections 1062.115-1062.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1062.151.BUDGET. The district administrator shall |
|
|
prepare an annual budget for approval by the board. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
|
Sec.1062.152.NOTICE; HEARING; APPROVAL OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual budget. |
|
|
(b) At least 10 days before the date of the hearing, notice |
|
|
of the hearing must be published one time in a newspaper of general |
|
|
circulation in the district. |
|
|
(c) The annual budget must be approved by the board. (Acts |
|
|
60th Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
|
Sec.1062.153.AMENDMENTS TO BUDGET. The budget may be |
|
|
amended as required by circumstances. The board must approve all |
|
|
amendments. (Acts 60th Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
|
Sec.1062.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 60th Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
|
Sec.1062.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) if revenue bonds of the district are outstanding; |
|
|
or |
|
|
(2) more than once in a 24-month period. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
|
Sec.1062.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
|
Sec. 1062.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records shall be open |
|
|
to inspection at the district's principal office. (Acts 60th Leg., |
|
|
R.S., Ch. 466, Sec. 6 (part).) |
|
|
Sec.1062.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of each fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a complete sworn statement of all district money; |
|
|
and |
|
|
(2) a complete account of the disbursements of that |
|
|
money. (Acts 60th Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
|
Sec.1062.159.DEPOSITORY. (a) The board shall select one |
|
|
or more banks to serve as a depository for district money. |
|
|
(b) District money shall be immediately deposited on |
|
|
receipt with a depository bank, except that sufficient money must |
|
|
be remitted to the place or places designated as agent for the |
|
|
payment of principal of and interest on the district's outstanding |
|
|
bonds or other obligations in time for the agent to make that |
|
|
payment on or before the maturity date of the principal and |
|
|
interest. |
|
|
(c) To the extent that money in a depository bank is not |
|
|
insured by the Federal Deposit Insurance Corporation, the money |
|
|
must be secured in the manner provided by law for the security of |
|
|
county funds. |
|
|
(d) Membership on the district's board of an officer or |
|
|
director of a bank does not disqualify the bank from being |
|
|
designated as a depository bank. (Acts 60th Leg., R.S., Ch. 466, |
|
|
Sec. 11.) |
|
|
Sec.1062.160.SPENDING AND INVESTMENT RESTRICTIONS. |
|
|
Except as otherwise provided by Section 1062.107(e) and by |
|
|
Subchapter E, the district may not incur an obligation payable from |
|
|
district revenue other than the revenue on hand or to be on hand in |
|
|
the current district fiscal year. (Acts 60th Leg., R.S., Ch. 466, |
|
|
Sec. 10 (part).) |
|
|
Sec.1062.161.GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
|
(a) The board may borrow money at a rate not to exceed the maximum |
|
|
annual percentage rate allowed by law for district obligations at |
|
|
the time the loan is made. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) tax revenue to be collected by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which tax revenue or bonds are pledged must |
|
|
mature not later than the first anniversary of the date the loan is |
|
|
made. A loan for which other district revenue is pledged must |
|
|
mature not later than the fifth anniversary of the date the loan is |
|
|
made. (Acts 60th Leg., R.S., Ch. 466, Sec. 20B.) |
|
|
Sec. 1062.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
|
SECURITY. (a) The board may borrow money at a rate not to exceed |
|
|
the maximum annual percentage rate allowed by law for district |
|
|
obligations at the time the loan is made if the board determines |
|
|
that: |
|
|
(1) money is not available to meet authorized |
|
|
obligations of the district; and |
|
|
(2) an emergency exists. |
|
|
(b) To secure a loan, the board may pledge: |
|
|
(1) district revenue that is not pledged to pay the |
|
|
district's bonded indebtedness; |
|
|
(2) tax revenue to be collected by the district in the |
|
|
next 12-month period that is not pledged to pay the principal of or |
|
|
interest on district bonds; or |
|
|
(3) district bonds that have been authorized but not |
|
|
sold. |
|
|
(c) A loan for which tax revenue or bonds are pledged must |
|
|
mature not later than the first anniversary of the date the loan is |
|
|
made. A loan for which other district revenue is pledged must |
|
|
mature not later than the fifth anniversary of the date the loan is |
|
|
made. |
|
|
(d) The board may not spend money obtained from a loan under |
|
|
this section for any purpose other than: |
|
|
(1) the purpose for which the board declared an |
|
|
emergency; and |
|
|
(2) if district tax revenue or bonds are pledged to pay |
|
|
the loan, the purpose for which the pledged taxes were imposed or |
|
|
the pledged bonds were authorized. (Acts 60th Leg., R.S., Ch. 466, |
|
|
Sec. 20A.) |
|
|
[Sections 1062.163-1062.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1062.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds authorized by an election |
|
|
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 or |
|
|
air ambulance service. (Acts 60th Leg., R.S., Ch. 466, Sec. 7(a).) |
|
|
Sec.1062.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1062.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 60th Leg., R.S., Ch. 466, Sec. 7(b).) |
|
|
Sec.1062.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) The election shall be conducted as provided by Chapter |
|
|
1251, Government Code. (Acts 60th Leg., R.S., Ch. 466, Secs. 7(c), |
|
|
(d).) |
|
|
Sec.1062.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, 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 or |
|
|
air ambulance 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 revenue 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 7A.) |
|
|
Sec.1062.205.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 40 years after the date of issuance. (Acts |
|
|
60th Leg., R.S., Ch. 466, Sec. 7C (part).) |
|
|
Sec.1062.206.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 60th Leg., |
|
|
R.S., Ch. 466, Sec. 7C (part).) |
|
|
[Sections 1062.207-1062.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1062.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The board shall impose the tax to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The board may not impose a tax to pay the principal of or |
|
|
interest on revenue bonds. (Acts 60th Leg., R.S., Ch. 466, Secs. 12 |
|
|
(part), 15 (part).) |
|
|
Sec.1062.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 60th |
|
|
Leg., R.S., Ch. 466, Secs. 12 (part), 15 (part).) |
|
|
Sec.1062.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 60th Leg., R.S., Ch. 466, Sec. 15 |
|
|
(part).) |
|
|
[Sections 1062.254-1062.300 reserved for expansion] |
|
|
SUBCHAPTER G. DISSOLUTION |
|
|
Sec.1062.301.DISSOLUTION; ELECTION. (a) The district |
|
|
may be dissolved only on approval of a majority of the district |
|
|
voters voting in an election held for that purpose. |
|
|
(b) The board may order an election on the question of |
|
|
dissolving the district and disposing of the district's assets and |
|
|
obligations. |
|
|
(c) The board shall order an election if the board receives |
|
|
a petition requesting an election that is signed by at least 15 |
|
|
percent of the registered voters of the district. |
|
|
(d) The order calling the election must state: |
|
|
(1) the nature of the election, including the |
|
|
proposition to appear on the ballot; |
|
|
(2) the date of the election; |
|
|
(3) the hours during which the polls will be open; and |
|
|
(4) the location of the polling places. |
|
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
|
election ordered under this section. (Acts 60th Leg., R.S., Ch. |
|
|
466, Secs. 20C(a), (b), (c) (part).) |
|
|
Sec.1062.302.NOTICE OF ELECTION. (a) The board shall |
|
|
give notice of an election under this subchapter by publishing once |
|
|
a week for two consecutive weeks a copy of the election order in a |
|
|
newspaper with general circulation in the district. |
|
|
(b) The first publication of the notice must appear on or |
|
|
before the 35th day before the date set for the election. (Acts |
|
|
60th Leg., R.S., Ch. 466, Sec. 20C(d) (part).) |
|
|
Sec.1062.303.BALLOT. The ballot for an election under |
|
|
this subchapter must be printed to permit voting for or against the |
|
|
proposition: "The dissolution of the Mitchell County Hospital |
|
|
District." (Acts 60th Leg., R.S., Ch. 466, Sec. 20C(d) (part).) |
|
|
Sec.1062.304.ELECTION RESULTS. (a) If a majority of the |
|
|
votes in an election under this subchapter favor dissolution, the |
|
|
board shall find that the district is dissolved. |
|
|
(b) If a majority of the votes in the election do not favor |
|
|
dissolution, the board shall continue to administer the district |
|
|
and another election on the question of dissolution may not be held |
|
|
before the first anniversary of the date of the most recent election |
|
|
to dissolve the district. (Acts 60th Leg., R.S., Ch. 466, Sec. |
|
|
20C(e).) |
|
|
Sec.1062.305.TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
|
|
(a) If a majority of the votes in the election held under this |
|
|
subchapter favor dissolution, the board shall: |
|
|
(1) transfer the land, buildings, improvements, |
|
|
equipment, and other assets that belong to the district to a county |
|
|
or to another governmental entity in Mitchell County; |
|
|
(2) sell the assets and liabilities to another person; |
|
|
or |
|
|
(3) administer the property, assets, and debts until |
|
|
all money has been disposed of and all district debts have been paid |
|
|
or settled. |
|
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
|
the county or entity assumes all debts and obligations of the |
|
|
district at the time of the transfer, and the district is dissolved. |
|
|
(c) If Subsections (a)(1) and (2) do not apply and the board |
|
|
administers the property, assets, and debts of the district under |
|
|
Subsection (a)(3), the district is dissolved when all money has |
|
|
been disposed of and all district debts have been paid or settled. |
|
|
(Acts 60th Leg., R.S., Ch. 466, Secs. 20C(f), (g), (m) (part).) |
|
|
Sec.1062.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
|
(a) The dissolution of the district and the sale or transfer of the |
|
|
district's assets and liabilities to another person may not |
|
|
contravene a trust indenture or bond resolution relating to the |
|
|
district's outstanding bonds. The dissolution and sale or transfer |
|
|
does not diminish or impair the rights of a holder of an outstanding |
|
|
bond, warrant, or other obligation of the district. |
|
|
(b) The sale or transfer of the district's assets and |
|
|
liabilities must satisfy the debt and bond obligations of the |
|
|
district in a manner that protects the interests of district |
|
|
residents, including the residents' collective property rights in |
|
|
the district's assets. |
|
|
(c) The district may not transfer or dispose of the |
|
|
district's assets except for due compensation unless: |
|
|
(1) the transfer is made to another governmental |
|
|
entity that serves the district; and |
|
|
(2) the transferred assets are to be used for the |
|
|
benefit of the district's residents. |
|
|
(d) A grant from federal funds is an obligation to be repaid |
|
|
in satisfaction. (Acts 60th Leg., R.S., Ch. 466, Secs. 20C(m) |
|
|
(part), (n).) |
|
|
Sec. 1062.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
|
TAXES. (a) After the board finds that the district is dissolved, |
|
|
the board shall: |
|
|
(1) determine the debt owed by the district; and |
|
|
(2) impose on the property included in the district's |
|
|
tax rolls a tax that is in proportion of the debt to the property |
|
|
value. |
|
|
(b) On the payment of all outstanding debts and obligations |
|
|
of the district, the board shall order the person serving as |
|
|
secretary and treasurer 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 person |
|
|
serving as secretary and treasurer to transmit the money to the |
|
|
county tax assessor-collector. (Acts 60th Leg., R.S., Ch. 466, |
|
|
Secs. 20C(h), (i), (j).) |
|
|
Sec.1062.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
|
district has paid all district debts and has disposed of all |
|
|
district money and other assets as prescribed by this subchapter, |
|
|
the board shall file a written report with the Commissioners Court |
|
|
of Mitchell County summarizing the board's actions in dissolving |
|
|
the district. |
|
|
(b) Not later than the 10th day after the date the |
|
|
Commissioners Court of Mitchell 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. (Acts 60th Leg., R.S., Ch. 466, Secs. 20C(k), (l).) |
|
|
CHAPTER 1065. MOTLEY COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1065.001. DEFINITIONS |
|
|
Sec. 1065.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1065.003. POLITICAL SUBDIVISION |
|
|
Sec. 1065.004. DISTRICT TERRITORY |
|
|
Sec. 1065.005. CORRECTION OF INVALID PROCEDURES |
|
|
[Sections 1065.006-1065.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1065.051. BOARD ELECTION; TERM |
|
|
Sec. 1065.052. NOTICE OF ELECTION |
|
|
Sec. 1065.053. BALLOT PETITION |
|
|
Sec. 1065.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1065.055. BOND NOT REQUIRED |
|
|
Sec. 1065.056. BOARD VACANCY |
|
|
Sec. 1065.057. OFFICERS |
|
|
Sec. 1065.058. COMPENSATION; EXPENSES |
|
|
Sec. 1065.059. VOTING REQUIREMENT |
|
|
Sec. 1065.060. EMPLOYEES |
|
|
Sec. 1065.061. MAINTENANCE OF RECORDS; PUBLIC |
|
|
INSPECTION |
|
|
Sec. 1065.062. SEAL |
|
|
[Sections 1065.063-1065.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1065.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1065.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION |
|
|
Sec. 1065.103. MANAGEMENT AND CONTROL |
|
|
Sec. 1065.104. HOSPITAL SYSTEM |
|
|
Sec. 1065.105. RULES |
|
|
Sec. 1065.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1065.107. DISTRICT PROPERTY AND FACILITIES |
|
|
Sec. 1065.108. EMINENT DOMAIN |
|
|
Sec. 1065.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1065.110. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1065.111. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1065.112. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1065.113-1065.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1065.151. BUDGET |
|
|
Sec. 1065.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
|
Sec. 1065.153. FISCAL YEAR |
|
|
Sec. 1065.154. ANNUAL AUDIT |
|
|
Sec. 1065.155. DEPOSITORY OR TREASURER |
|
|
[Sections 1065.156-1065.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1065.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1065.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1065.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1065.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1065.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
|
Sec. 1065.206. REVENUE OR SPECIAL OBLIGATION BONDS |
|
|
Sec. 1065.207. CHARGES FOR SERVICES RENDERED |
|
|
[Sections 1065.208-1065.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1065.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1065.252. TAX RATE |
|
|
Sec. 1065.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1065. MOTLEY COUNTY HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1065.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Motley County Hospital |
|
|
District. (New.) |
|
|
Sec.1065.002.AUTHORITY FOR OPERATION. The district |
|
|
operates in accordance with Section 9, Article IX, Texas |
|
|
Constitution. The district has the rights, powers, and duties |
|
|
provided by this chapter. (Acts 59th Leg., R.S., Ch. 465, Sec. 1 |
|
|
(part).) |
|
|
Sec.1065.003.POLITICAL SUBDIVISION. The district is a |
|
|
political subdivision of this state. (Acts 59th Leg., R.S., Ch. |
|
|
465, Sec. 18 (part).) |
|
|
Sec.1065.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are identical with the boundaries of Motley County, Texas. |
|
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 1 (part).) |
|
|
Sec.1065.005.CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 59th Leg., R.S., Ch. 465, Sec. 19 (part).) |
|
|
[Sections 1065.006-1065.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1065.051.BOARD ELECTION; TERM. (a) The board |
|
|
consists of five directors elected from the district at large. |
|
|
(b) Directors serve staggered two-year terms unless |
|
|
four-year terms are established under Section 285.081, Health and |
|
|
Safety Code. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
|
Sec.1065.052.NOTICE OF ELECTION. At least 10 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper of general circulation in |
|
|
Motley County. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
|
Sec.1065.053.BALLOT PETITION. A person who wants to have |
|
|
the person's name printed on the ballot as a candidate for director |
|
|
must file with the board secretary a petition requesting that |
|
|
action. The petition must be: |
|
|
(1) signed by not less than five registered voters; |
|
|
and |
|
|
(2) filed at least 25 days before the date of the |
|
|
election. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
|
Sec.1065.054.QUALIFICATIONS FOR OFFICE. A director must: |
|
|
(1) be a district resident; |
|
|
(2) own land in the district subject to taxation; and |
|
|
(3) be at least 18 years of age when appointed or |
|
|
elected. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
|
Sec.1065.055.BOND NOT REQUIRED. A director is not |
|
|
required to post a public official's bond. (Acts 59th Leg., R.S., |
|
|
Ch. 465, Sec. 3 (part).) |
|
|
Sec.1065.056.BOARD VACANCY. (a) If a vacancy occurs in |
|
|
the office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. |
|
|
(b) If the number of directors is reduced to fewer than |
|
|
three for any reason, the remaining directors shall immediately |
|
|
call a special election to fill the vacancies. If the remaining |
|
|
directors do not call the election, a district court, on |
|
|
application of a district voter or taxpayer, may order the |
|
|
directors to hold the election. (Acts 59th Leg., R.S., Ch. 465, |
|
|
Sec. 3 (part).) |
|
|
Sec.1065.057.OFFICERS. The board shall elect from among |
|
|
its members a president and a secretary. (Acts 59th Leg., R.S., Ch. |
|
|
465, Sec. 3 (part).) |
|
|
Sec.1065.058.COMPENSATION; EXPENSES. A director serves |
|
|
without compensation but may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties on approval of the |
|
|
expenses by the board. (Acts 59th Leg., R.S., Ch. 465, Sec. 4 |
|
|
(part).) |
|
|
Sec.1065.059.VOTING REQUIREMENT. A concurrence of three |
|
|
directors is sufficient in any matter relating to district |
|
|
business. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
|
Sec.1065.060.EMPLOYEES. The board may employ a general |
|
|
manager, attorney, bookkeeper, and architect and any other |
|
|
employees considered necessary for the efficient operation of the |
|
|
district. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 (part).) |
|
|
Sec.1065.061.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
|
All district records, including books, accounts, notices, minutes, |
|
|
and all other matters of the district and the operation of its |
|
|
facilities, shall be: |
|
|
(1) maintained at the district office; and |
|
|
(2) open to public inspection at the district office |
|
|
at all reasonable hours. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 |
|
|
(part).) |
|
|
Sec.1065.062.SEAL. The board may adopt a seal for the |
|
|
district. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 (part).) |
|
|
[Sections 1065.063-1065.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1065.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for providing medical and hospital care for the |
|
|
district's needy inhabitants and for the district's needy and |
|
|
indigent residents. (Acts 59th Leg., R.S., Ch. 465, Secs. 2 (part), |
|
|
14 (part).) |
|
|
Sec. 1065.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
|
TAXATION. Motley County or a municipality in the district may not |
|
|
impose a tax on property in the district for hospital purposes. |
|
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 14 (part).) |
|
|
Sec.1065.103.MANAGEMENT AND CONTROL. The management and |
|
|
control of the district are vested in the board. (Acts 59th Leg., |
|
|
R.S., Ch. 465, Sec. 4 (part).) |
|
|
Sec.1065.104.HOSPITAL SYSTEM. The district shall provide |
|
|
for the establishment of a hospital system to provide medical and |
|
|
hospital care to the district's residents by: |
|
|
(1) purchasing, constructing, acquiring, repairing, |
|
|
or renovating buildings and improvements; |
|
|
(2) equipping the buildings and improvements; and |
|
|
(3) administering the buildings and improvements for |
|
|
hospital purposes. (Acts 59th Leg., R.S., Ch. 465, Sec. 2 (part).) |
|
|
Sec.1065.105.RULES. (a) The board may adopt rules |
|
|
governing the operation of the district, including district |
|
|
facilities. |
|
|
(b) On approval by the board, the rules may be published in |
|
|
booklet form at district expense and made available to any taxpayer |
|
|
on request. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 (part).) |
|
|
Sec.1065.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
|
The board may prescribe the method and manner of making purchases |
|
|
and expenditures by and for the district. |
|
|
(b) The board shall prescribe: |
|
|
(1) all accounting and control procedures; and |
|
|
(2) the method of purchasing necessary supplies, |
|
|
materials, and equipment. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 |
|
|
(part).) |
|
|
Sec.1065.107.DISTRICT PROPERTY AND FACILITIES. (a) The |
|
|
board shall determine the type, number, and location of buildings |
|
|
required to maintain an adequate hospital system. Nothing here |
|
|
prohibits the establishing and equipping of a clinic as part of the |
|
|
hospital system. |
|
|
(b) The board may lease all or part of the district's |
|
|
buildings and other facilities on terms considered to be in the best |
|
|
interest of the district's inhabitants. The term of the lease may |
|
|
not exceed 25 years. (Acts 59th Leg., R.S., Ch. 465, Sec. 7 |
|
|
(part).) |
|
|
Sec.1065.108.EMINENT DOMAIN. (a) The district may |
|
|
exercise the power of eminent domain to acquire a fee simple or |
|
|
other interest in any type of property located in district |
|
|
territory if the property interest is necessary or convenient for |
|
|
the district to exercise a right, power, privilege, or function |
|
|
conferred on the district by this chapter. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code, except the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 59th Leg., R.S., Ch. 465, Sec. |
|
|
11.) |
|
|
Sec.1065.109.GIFTS AND ENDOWMENTS. The board may accept |
|
|
for the district a gift or endowment for the purposes and under the |
|
|
directions, limitations, or other provisions prescribed in writing |
|
|
by the donor that are not inconsistent with the proper management |
|
|
and objectives of the district. (Acts 59th Leg., R.S., Ch. 465, |
|
|
Sec. 16.) |
|
|
Sec.1065.110.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility. (Acts 59th Leg., R.S., Ch. 465, Sec. 7 |
|
|
(part).) |
|
|
Sec.1065.111.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the board shall have an inquiry made into the |
|
|
circumstances of: |
|
|
(1) the patient; and |
|
|
(2) the patient's relatives who are legally liable for |
|
|
the patient's support. |
|
|
(b) If an agent designated by the district to handle the |
|
|
inquiry determines that the patient or those relatives cannot pay |
|
|
all or part of the costs of the care and treatment in the hospital, |
|
|
the amount of the costs that cannot be paid becomes a charge against |
|
|
the district. |
|
|
(c) If the board determines that the patient or those |
|
|
relatives are liable to pay for all or part of the costs of the |
|
|
patient's care and treatment, the patient or those relatives shall |
|
|
be ordered to pay to the district's treasurer a specified amount |
|
|
each week for the patient's support. The amount ordered must be |
|
|
proportionate to the person's financial ability and may not exceed |
|
|
the actual per capita cost of maintenance. |
|
|
(d) The district may collect the amount from the patient's |
|
|
estate, or from any relative who is legally liable for the patient's |
|
|
support, in the manner provided by law for the collection of |
|
|
expenses of the last illness of a deceased person. |
|
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
|
in the mind of the district's designated agent, the board shall hold |
|
|
a hearing and, after calling witnesses, shall: |
|
|
(1) resolve the dispute or doubt; and |
|
|
(2) issue an appropriate order. |
|
|
(f) The order may be appealed to the district court. (Acts |
|
|
59th Leg., R.S., Ch. 465, Sec. 15.) |
|
|
Sec.1065.112.AUTHORITY TO SUE AND BE SUED. As a |
|
|
governmental agency, the district may sue and be sued in its own |
|
|
name in any court of this state. (Acts 59th Leg., R.S., Ch. 465, |
|
|
Sec. 18 (part).) |
|
|
[Sections 1065.113-1065.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1065.151.BUDGET. The board annually shall require a |
|
|
budget to be prepared for the next fiscal year that includes: |
|
|
(1) proposed expenditures and disbursements; |
|
|
(2) estimated receipts and collections; and |
|
|
(3) the amount of taxes required to be imposed for the |
|
|
year. (Acts 59th Leg., R.S., Ch. 465, Sec. 9 (part).) |
|
|
Sec.1065.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
|
The board shall hold a public hearing on the proposed budget. |
|
|
(b) Notice of the hearing must be published at least once in |
|
|
a newspaper of general circulation in Motley County not later than |
|
|
the 10th day before the date of the hearing. |
|
|
(c) Any district taxpayer is entitled to: |
|
|
(1) appear at the time and place designated in the |
|
|
notice; and |
|
|
(2) be heard regarding any item included in the |
|
|
proposed budget. (Acts 59th Leg., R.S., Ch. 465, Sec. 9 (part).) |
|
|
Sec.1065.153.FISCAL YEAR. The district operates on a |
|
|
fiscal year that begins on October 1 and ends on September 30. |
|
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 9 (part).) |
|
|
Sec.1065.154.ANNUAL AUDIT. The board annually shall have |
|
|
an independent audit made of the district's books and records. |
|
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 9 (part).) |
|
|
Sec.1065.155.DEPOSITORY OR TREASURER. (a) The board by |
|
|
resolution shall designate a bank or banks in Motley County as the |
|
|
district's depository or treasurer. A designated bank serves for |
|
|
two years and until a successor is designated. |
|
|
(b) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 465, |
|
|
Sec. 12.) |
|
|
[Sections 1065.156-1065.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1065.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds in the name and on the faith |
|
|
of the district for any purpose relating to: |
|
|
(1) the purchase, construction, acquisition, repair, |
|
|
or renovation of buildings or improvements; and |
|
|
(2) equipping buildings or improvements for hospital |
|
|
purposes. (Acts 59th Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
|
Sec.1065.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
|
create an interest and sinking fund to pay the principal of and |
|
|
interest on general obligation bonds issued under Section 1065.201 |
|
|
as the bonds mature. |
|
|
(b) The tax required by this section together with any other |
|
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
|
cents on each $100 valuation of taxable property in the district. |
|
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
|
Sec.1065.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election. |
|
|
(b) The board may call the election on its own motion. |
|
|
(c) The order calling the election must specify: |
|
|
(1) the date of the election; |
|
|
(2) the location of the polling places; |
|
|
(3) the presiding election officers; |
|
|
(4) the purpose of the bond issuance; |
|
|
(5) the amount of the bonds to be authorized; |
|
|
(6) the maximum interest rate of the bonds; and |
|
|
(7) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper of |
|
|
general circulation in Motley County once each week for two |
|
|
consecutive weeks before the date of the election. The first |
|
|
publication must occur at least 14 days before the date of the |
|
|
election. (Acts 59th Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
|
Sec.1065.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
|
District general obligation bonds must mature not later than 40 |
|
|
years after the date of issuance. (Acts 59th Leg., R.S., Ch. 465, |
|
|
Sec. 6 (part).) |
|
|
Sec.1065.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
|
The board president shall execute the general obligation bonds in |
|
|
the district's name. |
|
|
(b) The board secretary shall countersign the bonds. (Acts |
|
|
59th Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
|
Sec.1065.206.REVENUE OR SPECIAL OBLIGATION BONDS. (a) |
|
|
The board may issue and sell revenue or special obligation bonds for |
|
|
the purposes provided by Section 1065.201. |
|
|
(b) Special obligation bonds must be payable from the |
|
|
revenue of the district's entire hospital system, including that |
|
|
portion originally acquired and all past or future extensions, |
|
|
additions, or replacements, excluding taxes, after deducting the |
|
|
cost of maintaining and operating the system. For purposes of this |
|
|
subsection, the cost of maintaining and operating the system: |
|
|
(1) may include only the items set forth and defined in |
|
|
the resolution authorizing the bond issuance; and |
|
|
(2) may not include the cost of providing medical or |
|
|
hospital care for the district's needy inhabitants. |
|
|
(c) A cost described by Subsection (b)(2) is a maintenance |
|
|
and operating expense for budget and tax purposes. |
|
|
(d) The district may issue revenue bonds without an |
|
|
election. |
|
|
(e) Revenue bonds may be additionally secured by: |
|
|
(1) a mortgage or deed of trust on real property; |
|
|
(2) a chattel mortgage on the district's personal |
|
|
property; or |
|
|
(3) both. |
|
|
(f) The board may issue bonds that are a junior lien on the |
|
|
district's net revenue or property and additional parity bonds |
|
|
under conditions specified in the bond resolution or trust |
|
|
indenture. |
|
|
(g) Money for the payment of not more than two years' |
|
|
interest on the bonds and an amount the board estimates will be |
|
|
required for maintenance and operating expenses during the first |
|
|
two years of operation may be set aside out of the proceeds from the |
|
|
sale of the bonds. |
|
|
(h) A revenue bond issued by the district must contain the |
|
|
provision: "The holder of the bond may not demand payment of this |
|
|
bond or appurtenant coupons out of money raised or to be raised by |
|
|
taxation." (Acts 59th Leg., R.S., Ch. 465, Sec. 6(a) (part).) |
|
|
Sec.1065.207.CHARGES FOR SERVICES RENDERED. If the board |
|
|
issues revenue bonds, the board shall charge and collect rates for |
|
|
services rendered by the hospital system that are sufficient to: |
|
|
(1) pay the maintenance and operating expenses |
|
|
described by Section 1065.206; |
|
|
(2) pay the principal of and interest on the bonds as |
|
|
each becomes due; and |
|
|
(3) create and maintain a bond reserve fund and other |
|
|
funds as provided in the bond resolution or trust indenture. (Acts |
|
|
59th Leg., R.S., Ch. 465, Sec. 6(a) (part).) |
|
|
[Sections 1065.208-1065.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1065.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
|
approval of the annual budget, the board shall impose a tax on all |
|
|
property in the district subject to district taxation. |
|
|
(b) The board shall impose the tax to: |
|
|
(1) pay the interest on and create a sinking fund for |
|
|
bonds issued by the district for hospital purposes; and |
|
|
(2) provide for the maintenance and operation of the |
|
|
district and hospital system. (Acts 59th Leg., R.S., Ch. 465, Secs. |
|
|
5 (part), 9 (part).) |
|
|
Sec.1065.252.TAX RATE. The board may impose the tax at a |
|
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
|
property in the district. (Acts 59th Leg., R.S., Ch. 465, Sec. 5 |
|
|
(part).) |
|
|
Sec.1065.253.TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector of Motley County shall assess and collect taxes |
|
|
imposed by the district. (Acts 59th Leg., R.S., Ch. 465, Sec. 10 |
|
|
(part).) |
|
|
CHAPTER 1066. MOULTON COMMUNITY MEDICAL CLINIC DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1066.001. DEFINITIONS |
|
|
Sec. 1066.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1066.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1066.004. DISTRICT TERRITORY |
|
|
Sec. 1066.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1066.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1066.007-1066.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1066.051. BOARD ELECTION; TERM |
|
|
Sec. 1066.052. NOTICE OF ELECTION |
|
|
Sec. 1066.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1066.054. BOARD VACANCY |
|
|
Sec. 1066.055. OFFICERS |
|
|
Sec. 1066.056. COMPENSATION; EXPENSES |
|
|
Sec. 1066.057. VOTING REQUIREMENT |
|
|
Sec. 1066.058. DISTRICT ADMINISTRATOR |
|
|
Sec. 1066.059. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1066.060. ASSISTANT DISTRICT ADMINISTRATOR; |
|
|
ATTORNEY |
|
|
Sec. 1066.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1066.062. RETIREMENT BENEFITS |
|
|
[Sections 1066.063-1066.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1066.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1066.102. RESTRICTION ON COUNTY AND MUNICIPALITY |
|
|
TAXATION AND DEBT |
|
|
Sec. 1066.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1066.104. RULES |
|
|
Sec. 1066.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1066.106. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1066.107. EMINENT DOMAIN |
|
|
Sec. 1066.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1066.109. GIFTS AND ENDOWMENTS |
|
|
Sec. 1066.110. CONSTRUCTION CONTRACTS |
|
|
Sec. 1066.111. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1066.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1066.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1066.114. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1066.115. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1066.116-1066.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1066.151. BUDGET |
|
|
Sec. 1066.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1066.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1066.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1066.155. FISCAL YEAR |
|
|
Sec. 1066.156. ANNUAL AUDIT |
|
|
Sec. 1066.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1066.158. FINANCIAL REPORT |
|
|
Sec. 1066.159. DEPOSITORY |
|
|
Sec. 1066.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1066.161-1066.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1066.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1066.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1066.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1066.204. REVENUE BONDS |
|
|
Sec. 1066.205. REFUNDING BONDS |
|
|
Sec. 1066.206. MATURITY OF BONDS |
|
|
Sec. 1066.207. EXECUTION OF BONDS |
|
|
Sec. 1066.208. BONDS EXEMPT FROM TAXATION |
|
|
[Sections 1066.209-1066.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec. 1066.251. IMPOSITION OF AD VALOREM TAX |
|
|
Sec. 1066.252. TAX RATE |
|
|
Sec. 1066.253. TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 1066. MOULTON COMMUNITY MEDICAL CLINIC DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec.1066.001.DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Moulton Community Medical |
|
|
Clinic District. (Acts 71st Leg., R.S., Ch. 546, Sec. 1.01.) |
|
|
Sec.1066.002.AUTHORITY FOR OPERATION. The district |
|
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 546, |
|
|
Sec. 1.02.) |
|
|
Sec.1066.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
|
a public entity performing an essential public function. (Acts |
|
|
71st Leg., R.S., Ch. 546, Sec. 7.11 (part).) |
|
|
Sec.1066.004.DISTRICT TERRITORY. The boundaries of the |
|
|
district are coextensive with the boundaries of Moulton Independent |
|
|
School District of Lavaca County, Texas, as those boundaries |
|
|
existed on August 28, 1989. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
|
1.03.) |
|
|
Sec. 1066.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
|
OBLIGATION. The state may not become obligated for the support or |
|
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
|
9.01 (part).) |
|
|
Sec.1066.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
|
The legislature may not make a direct appropriation for the |
|
|
construction, maintenance, or improvement of a district facility. |
|
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 9.01 (part).) |
|
|
[Sections 1066.007-1066.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec.1066.051.BOARD ELECTION; TERM. (a) The district is |
|
|
governed by a board of nine directors elected from the district at |
|
|
large. |
|
|
(b) Unless four-year terms are established under Section |
|
|
285.081, Health and Safety Code: |
|
|
(1) directors serve staggered two-year terms; and |
|
|
(2) an election shall be held on the uniform election |
|
|
date in May of each year to elect the appropriate number of |
|
|
directors. (Acts 71st Leg., R.S., Ch. 546, Secs. 4.01(a), 4.03(a), |
|
|
(c) (part).) |
|
|
Sec.1066.052.NOTICE OF ELECTION. At least 35 days before |
|
|
the date of an election of directors, notice of the election shall |
|
|
be published one time in a newspaper with general circulation in the |
|
|
district. (Acts 71st Leg., R.S., Ch. 546, Sec. 4.04.) |
|
|
Sec.1066.053.QUALIFICATIONS FOR OFFICE. To be eligible |
|
|
to be a candidate for or to serve as a director, a person must be: |
|
|
(1) a district resident; and |
|
|
(2) a qualified voter. (Acts 71st Leg., R.S., Ch. 546, |
|
|
Sec. 4.06.) |
|
|
Sec.1066.054.BOARD VACANCY. If a vacancy occurs in the |
|
|
office of director, the remaining directors shall appoint a |
|
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 546, |
|
|
Sec. 4.07.) |
|
|
Sec.1066.055.OFFICERS. (a) The board shall elect a |
|
|
president, vice president, and treasurer from among its members. |
|
|
(b) The board shall appoint a secretary, who need not be a |
|
|
director. |
|
|
(c) Each officer of the board serves for a term of one year. |
|
|
(d) The board shall fill a vacancy in a board office for the |
|
|
unexpired term. (Acts 71st Leg., R.S., Ch. 546, Secs. 4.08, 4.09.) |
|
|
Sec.1066.056.COMPENSATION; EXPENSES. 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. (Acts 71st Leg., R.S., Ch. |
|
|
546, Sec. 4.10.) |
|
|
Sec.1066.057.VOTING REQUIREMENT. A concurrence of a |
|
|
majority of the directors voting is necessary in any matter |
|
|
relating to district business. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
|
4.11.) |
|
|
Sec.1066.058.DISTRICT ADMINISTRATOR. (a) The board may |
|
|
appoint a qualified person as district administrator. |
|
|
(b) The district administrator serves at the will of the |
|
|
board and is entitled to compensation determined by the board. |
|
|
(c) Before assuming the duties of district administrator, |
|
|
the administrator must execute a bond in the amount determined by |
|
|
the board of not less than $5,000 that is: |
|
|
(1) payable to the district; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
administrator's duties under this chapter. |
|
|
(d) The board may pay for the bond with district money. |
|
|
(Acts 71st Leg., R.S., Ch. 546, Secs. 4.12(a) (part), (b) (part), |
|
|
(c) (part), (d).) |
|
|
Sec.1066.059.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. (Acts |
|
|
71st Leg., R.S., Ch. 546, Sec. 4.15.) |
|
|
Sec.1066.060.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
|
(a) The board may appoint qualified persons as: |
|
|
(1) the assistant district administrator; and |
|
|
(2) the attorney for the district. |
|
|
(b) The attorney for the district and the assistant district |
|
|
administrator serve at the will of the board and are entitled to the |
|
|
compensation determined by the board. (Acts 71st Leg., R.S., Ch. |
|
|
546, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
|
Sec.1066.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
|
board may appoint to the staff any doctors the board considers |
|
|
necessary for the efficient operation of the district and may make |
|
|
temporary appointments as necessary. |
|
|
(b) The district may employ technicians, nurses, fiscal |
|
|
agents, accountants, architects, additional attorneys, and other |
|
|
necessary employees. |
|
|
(c) The board may delegate to the district administrator the |
|
|
authority to employ district employees. (Acts 71st Leg., R.S., Ch. |
|
|
546, Secs. 4.13, 4.14.) |
|
|
Sec.1066.062.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. (Acts 71st Leg., R.S., Ch. |
|
|
546, Sec. 4.16.) |
|
|
[Sections 1066.063-1066.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec.1066.101.DISTRICT RESPONSIBILITY. The district has |
|
|
full responsibility for: |
|
|
(1) operating hospital facilities; and |
|
|
(2) providing medical and hospital care for the |
|
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
|
5.02 (part).) |
|
|
Sec. 1066.102. RESTRICTION ON COUNTY AND MUNICIPALITY |
|
|
TAXATION AND DEBT. Lavaca County and the City of Moulton may not |
|
|
impose a tax or issue bonds or other obligations for hospital |
|
|
purposes or to provide medical care for district residents. (Acts |
|
|
71st Leg., R.S., Ch. 546, Sec. 5.01(b).) |
|
|
Sec.1066.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
|
The board shall manage, control, and administer the clinic or a |
|
|
hospital system and the district's money and resources. (Acts 71st |
|
|
Leg., R.S., Ch. 546, Sec. 5.03.) |
|
|
Sec.1066.104.RULES. The board may adopt rules governing: |
|
|
(1) the operation of the clinic or a hospital and |
|
|
hospital system; and |
|
|
(2) the duties, functions, and responsibilities of |
|
|
district staff and employees. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
|
5.04.) |
|
|
Sec.1066.105.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. (Acts 71st Leg., R.S., Ch. 546, Sec. 5.05.) |
|
|
Sec. 1066.106. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT. (a) The board shall determine: |
|
|
(1) the type, number, and location of buildings |
|
|
required to maintain the clinic or an adequate hospital system; and |
|
|
(2) the type of equipment necessary for medical care. |
|
|
(b) The board may: |
|
|
(1) acquire property, including facilities and |
|
|
equipment, for the district for the clinic or the hospital system; |
|
|
and |
|
|
(2) mortgage or pledge the property as security for |
|
|
the payment of the purchase price. |
|
|
(c) The board may lease district facilities for the |
|
|
district. |
|
|
(d) The board may sell or otherwise dispose of property, |
|
|
including facilities or equipment, for the district. (Acts 71st |
|
|
Leg., R.S., Ch. 546, Sec. 5.06.) |
|
|
Sec.1066.107.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 a right 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 the |
|
|
district is not required to deposit in 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 a bond or other security |
|
|
for costs in the trial court; |
|
|
(2) provide a 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. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
|
5.09.) |
|
|
Sec.1066.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
|
exercising the power of eminent domain, if the board requires |
|
|
relocating, raising, lowering, rerouting, changing the grade of, 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 must bear |
|
|
the actual cost of relocating, raising, lowering, rerouting, |
|
|
changing the grade, or altering the construction to provide |
|
|
comparable replacement, without enhancement of facilities, after |
|
|
deducting the net salvage value derived from the old facility. |
|
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 5.10.) |
|
|
Sec.1066.109.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 other provision |
|
|
prescribed in writing by the donor that is consistent with the |
|
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 546, |
|
|
Sec. 5.14.) |
|
|
Sec.1066.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
|
enter into construction contracts for the district. |
|
|
(b) The board may enter into a construction contract that |
|
|
involves the expenditure of more than the amount provided by |
|
|
Section 271.024, Local Government Code, only after competitive |
|
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
|
Code. (Acts 71st Leg., R.S., Ch. 546, Sec. 5.07(a).) |
|
|
Sec.1066.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
|
board may enter into an operating or management contract relating |
|
|
to a district facility for the district. (Acts 71st Leg., R.S., Ch. |
|
|
546, Sec. 5.08.) |
|
|
Sec. 1066.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
|
SERVICES. The board may contract with a political subdivision of |
|
|
this state or with a state or federal agency for the district to: |
|
|
(1) furnish a mobile emergency medical service; or |
|
|
(2) provide for the investigatory or welfare needs of |
|
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 546, Sec. 5.13.) |
|
|
Sec.1066.113.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
|
When a patient who resides in the district is admitted to a district |
|
|
facility, the district administrator may have an inquiry made into |
|
|
the financial circumstances of: |
|
|
(1) the patient; or |
|
|
(2) a relative of the patient who is legally |
|
|
responsible for the patient's support. |
|
|
(b) The district without charge shall provide to a patient |
|
|
who resides in the district the care and treatment that the patient |
|
|
or a relative of the patient who is legally responsible for the |
|
|
patient's support cannot pay. |
|
|
(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 individual'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 who |
|
|
was legally responsible for the patient's support in the manner |
|
|
provided by law for collection of expenses of the last illness of a |
|
|
deceased person. |
|
|
(e) If there is a dispute relating to an individual's |
|
|
ability to pay or if the district administrator has any doubt |
|
|
concerning an individual's ability to pay, the board shall: |
|
|
(1) call witnesses; |
|
|
(2) hear and resolve the question; and |
|
|
(3) issue a final order. |
|
|
(f) A final order of the board may be appealed to a district |
|
|
court in Lavaca County. The substantial evidence rule applies to |
|
|
the appeal. (Acts 71st Leg., R.S., Ch. 546, Secs. 5.11(a), (c), |
|
|
(d), (e), (f).) |
|
|
Sec.1066.114.REIMBURSEMENT FOR SERVICES. (a) The board |
|
|
shall require a county, municipality, or public hospital located |
|
|
outside the district to reimburse the district for the district's |
|
|
care and treatment of a sick or injured person of that county, |
|
|
municipality, or public hospital as provided by Chapter 61, Health |
|
|
and Safety Code. |
|
|
(b) The board shall require the sheriff of Lavaca County or |
|
|
the police chief of the City of Moulton to reimburse the district |
|
|
for the district's care and treatment of a person who is confined in |
|
|
a jail facility of Lavaca County or the City of Moulton and is not a |
|
|
district resident. |
|
|
(c) 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. (Acts 71st Leg., R.S., Ch. |
|
|
546, Sec. 5.12.) |
|
|
Sec.1066.115.AUTHORITY TO SUE AND BE SUED. The board may |
|
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
|
Ch. 546, Sec. 5.15.) |
|
|
[Sections 1066.116-1066.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec.1066.151.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 in each district fund; |
|
|
(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 revenue and balances |
|
|
available to cover the proposed budget; and |
|
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
|
R.S., Ch. 546, Sec. 6.04.) |
|
|
Sec.1066.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
|
The board shall hold a public hearing on the proposed annual 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 any changes in the proposed |
|
|
budget that the board judges to be in the interests of the |
|
|
taxpayers. |
|
|
(e) The budget is effective only after adoption by the |
|
|
board. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.05.) |
|
|
Sec.1066.153.AMENDMENTS TO BUDGET. After the annual |
|
|
budget is adopted, the budget may be amended on the board's |
|
|
approval. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.06.) |
|
|
Sec.1066.154.RESTRICTION ON EXPENDITURES. Money may be |
|
|
spent only for an expense included in the budget or an amendment to |
|
|
the budget. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.07.) |
|
|
Sec.1066.155.FISCAL YEAR. (a) The district operates on a |
|
|
fiscal year established by the board. |
|
|
(b) The fiscal year may not be changed: |
|
|
(1) when revenue bonds of the district are |
|
|
outstanding; or |
|
|
(2) more than once in a 24-month period. (Acts 71st |
|
|
Leg., R.S., Ch. 546, Sec. 6.01.) |
|
|
Sec.1066.156.ANNUAL AUDIT. The board annually shall have |
|
|
an audit made of the district's financial condition. (Acts 71st |
|
|
Leg., R.S., Ch. 546, Sec. 6.02.) |
|
|
Sec. 1066.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS. The annual audit and other district records are open to |
|
|
inspection during regular business hours at the district's |
|
|
principal office. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.03.) |
|
|
Sec.1066.158.FINANCIAL REPORT. As soon as practicable |
|
|
after the close of the fiscal year, the district administrator |
|
|
shall prepare for the board: |
|
|
(1) a sworn statement of the amount of district money; |
|
|
and |
|
|
(2) an account of the disbursements of that money. |
|
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 6.08.) |
|
|
Sec.1066.159.DEPOSITORY. (a) The board shall select at |
|
|
least one bank to serve as a depository for district money. |
|
|
(b) District money, other than money invested as provided by |
|
|
Section 1066.160(b) 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 must remain on |
|
|
deposit. This subsection does not limit the power of the board to |
|
|
place a portion of district money on time deposit or to purchase |
|
|
certificates of deposit. |
|
|
(c) The district may not deposit money with a bank in an |
|
|
amount that exceeds the maximum amount secured by the Federal |
|
|
Deposit Insurance Corporation unless 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. (Acts 71st Leg., R.S., Ch. 546, |
|
|
Sec. 6.10.) |
|
|
Sec.1066.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
|
Except as provided by Sections 1066.110, 1066.201, 1066.204, and |
|
|
1066.205, the district may not incur a debt payable from district |
|
|
revenue other than the revenue on hand or to be on hand in the |
|
|
current and immediately following district fiscal years. |
|
|
(b) The board may invest operating, depreciation, or |
|
|
building reserves only in funds or securities specified by Chapter |
|
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.09.) |
|
|
[Sections 1066.161-1066.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec.1066.201.GENERAL OBLIGATION BONDS. The board may |
|
|
issue and sell general obligation bonds authorized by an election |
|
|
in the name and on the faith and credit of the district to: |
|
|
(1) purchase, construct, acquire, repair, or renovate |
|
|
buildings or improvements; or |
|
|
(2) equip buildings or improvements for clinic or |
|
|
hospital purposes. (Acts 71st Leg., R.S., Ch. 546, Sec. 7.01.) |
|
|
Sec.1066.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
|
the time general obligation bonds are issued by the district under |
|
|
Section 1066.201, the board shall impose an ad valorem tax at a rate |
|
|
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 |
|
|
ad valorem tax the district imposes may not in any year exceed the |
|
|
limit approved by the voters at the election authorizing the |
|
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 546, Sec. 7.02.) |
|
|
Sec.1066.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
|
district may issue general obligation bonds only if the bonds are |
|
|
authorized by a majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
(b) The board may order a bond election. |
|
|
(c) 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 the polling places; |
|
|
(4) the amount of the bonds to be authorized; and |
|
|
(5) the maximum maturity of the bonds. |
|
|
(d) Notice of a bond election shall be given as provided by |
|
|
Section 1251.003, Government Code. |
|
|
(e) The board shall declare the results of the election. |
|
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 7.03.) |
|
|
Sec.1066.204.REVENUE BONDS. (a) The board may issue |
|
|
revenue bonds to: |
|
|
(1) purchase, construct, acquire, repair, renovate, |
|
|
or equip buildings or improvements for clinic or hospital purposes; |
|
|
or |
|
|
(2) acquire sites to be used for clinic or hospital |
|
|
purposes. |
|
|
(b) The bonds must be payable from and secured by a pledge of |
|
|
all or part of the revenue derived from the operation of the clinic |
|
|
or 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 district property. |
|
|
(d) The bonds must be issued in the manner provided by |
|
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 7.04.) |
|
|
Sec.1066.205.REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds to refund outstanding indebtedness issued or |
|
|
assumed by the district. |
|
|
(b) A refunding bond may be: |
|
|
(1) sold, with the proceeds of the refunding bond |
|
|
applied to the payment of the outstanding indebtedness; or |
|
|
(2) exchanged wholly or partly for not less than a |
|
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
|
Leg., R.S., Ch. 546, Secs. 7.05(a), (c) (part).) |
|
|
Sec.1066.206.MATURITY OF BONDS. District bonds must |
|
|
mature not later than 50 years after the date of issuance. (Acts |
|
|
71st Leg., R.S., Ch. 546, Sec. 7.06 (part).) |
|
|
Sec.1066.207.EXECUTION OF BONDS. (a) The board president |
|
|
shall execute the district's bonds in the district's name. |
|
|
(b) The board secretary shall countersign the bonds in the |
|
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
|
R.S., Ch. 546, Sec. 7.07.) |
|
|
Sec.1066.208.BONDS EXEMPT FROM TAXATION. The following |
|
|
are exempt from taxation by this state or a political subdivision of |
|
|
this state: |
|
|
(1) bonds issued by the district; |
|
|
(2) any transaction relating to the bonds; and |
|
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
|
Leg., R.S., Ch. 546, Sec. 7.11 (part).) |
|
|
[Sections 1066.209-1066.250 reserved for expansion] |
|
|
SUBCHAPTER F. TAXES |
|
|
Sec.1066.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
|
may impose a tax on all property in the district subject to district |
|
|
taxation. |
|
|
(b) The tax may be used to pay: |
|
|
(1) indebtedness issued or assumed by the district; |
|
|
and |
|
|
(2) the maintenance and operating expenses of the |
|
|
district. |
|
|
(c) The district may not impose a tax to pay the principal of |
|
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
|
Leg., R.S., Ch. 546, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
|
Sec.1066.252.TAX RATE. (a) The board may impose the tax |
|
|
at a rate not to exceed the limit approved by the voters at the |
|
|
election authorizing the imposition of the tax. |
|
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
|
each $100 valuation of all taxable property in the district. |
|
|
(c) In setting the tax rate, the board shall consider the |
|
|
income of the district from sources other than taxation. (Acts 71st |
|
|
Leg., R.S., Ch. 546, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
|
Sec.1066.253.TAX ASSESSOR-COLLECTOR. The board may |
|
|
provide for the appointment of a tax assessor-collector for the |
|
|
district or may contract for the assessment and collection of taxes |
|
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
|
8.04(b).) |
|
|
CHAPTER 1068. MULESHOE AREA HOSPITAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 1068.001. DEFINITIONS |
|
|
Sec. 1068.002. AUTHORITY FOR OPERATION |
|
|
Sec. 1068.003. ESSENTIAL PUBLIC FUNCTION |
|
|
Sec. 1068.004. DISTRICT TERRITORY |
|
|
Sec. 1068.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
|
STATE OBLIGATION |
|
|
Sec. 1068.006. RESTRICTION ON STATE FINANCIAL |
|
|
ASSISTANCE |
|
|
[Sections 1068.007-1068.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 1068.051. BOARD ELECTION; TERM |
|
|
Sec. 1068.052. NOTICE OF ELECTION |
|
|
Sec. 1068.053. BALLOT PETITION |
|
|
Sec. 1068.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 1068.055. BOARD VACANCY |
|
|
Sec. 1068.056. OFFICERS |
|
|
Sec. 1068.057. COMPENSATION; EXPENSES |
|
|
Sec. 1068.058. VOTING REQUIREMENT |
|
|
Sec. 1068.059. DISTRICT ADMINISTRATOR |
|
|
Sec. 1068.060. GENERAL DUTIES OF DISTRICT |
|
|
ADMINISTRATOR |
|
|
Sec. 1068.061. ASSISTANT DISTRICT ADMINISTRATOR; |
|
|
ATTORNEY |
|
|
Sec. 1068.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
|
Sec. 1068.063. RETIREMENT BENEFITS |
|
|
[Sections 1068.064-1068.100 reserved for expansion] |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 1068.101. DISTRICT RESPONSIBILITY |
|
|
Sec. 1068.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
|
Sec. 1068.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
|
Sec. 1068.104. RULES |
|
|
Sec. 1068.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
|
Sec. 1068.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
|
Sec. 1068.107. DISTRICT PROPERTY, FACILITIES, AND |
|
|
EQUIPMENT |
|
|
Sec. 1068.108. EMINENT DOMAIN |
|
|
Sec. 1068.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 1068.110. GIFTS AND ENDOWMENTS |
|
|
Sec. 1068.111. CONSTRUCTION CONTRACTS |
|
|
Sec. 1068.112. OPERATING AND MANAGEMENT CONTRACTS |
|
|
Sec. 1068.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
|
FOR SERVICES |
|
|
Sec. 1068.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
|
Sec. 1068.115. REIMBURSEMENT FOR SERVICES |
|
|
Sec. 1068.116. AUTHORITY TO SUE AND BE SUED |
|
|
[Sections 1068.117-1068.150 reserved for expansion] |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 1068.151. BUDGET |
|
|
Sec. 1068.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
|
Sec. 1068.153. AMENDMENTS TO BUDGET |
|
|
Sec. 1068.154. RESTRICTION ON EXPENDITURES |
|
|
Sec. 1068.155. FISCAL YEAR |
|
|
Sec. 1068.156. ANNUAL AUDIT |
|
|
Sec. 1068.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
|
RECORDS |
|
|
Sec. 1068.158. FINANCIAL REPORT |
|
|
Sec. 1068.159. DEPOSITORY |
|
|
Sec. 1068.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
|
[Sections 1068.161-1068.200 reserved for expansion] |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 1068.201. GENERAL OBLIGATION BONDS |
|
|
Sec. 1068.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
|
Sec. 1068.203. GENERAL OBLIGATION BOND ELECTION |
|
|
Sec. 1068.204. REVENUE BONDS |
|
|
Sec. 1068.205. REFUNDING BONDS |
|
|
Sec. 1068.206. MATURITY OF BONDS |
|
|
Sec. 1068.207. EXECUTION OF BONDS |
|
|