|
|
|
|
AN ACT
|
|
relating to the Lockney General Hospital District. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1052.052, Special District Local Laws |
|
Code, as effective April 1, 2009, is amended to read as follows: |
|
Sec. 1052.052. NOTICE OF ELECTION. Notice [At least five
|
|
days before the date of an election of directors, notice] of an |
|
[the] election of directors shall be published [one time] in a |
|
newspaper of general circulation in the area of the district in |
|
accordance with Section 4.003, Election Code. |
|
SECTION 2. Section 1052.054, Special District Local Laws |
|
Code, as effective April 1, 2009, is amended to read as follows: |
|
Sec. 1052.054. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is a district employee. [To be eligible to hold office as a
|
|
director, a person must be a resident property-owning taxpaying
|
|
voter of the district.] |
|
SECTION 3. Section 1052.110, Special District Local Laws |
|
Code, as effective April 1, 2009, is amended to read as follows: |
|
Sec. 1052.110. CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than the amount |
|
provided by Section 271.024, Local Government Code, [$2,000] may be |
|
made only after competitive bidding [advertising] in the manner |
|
provided by Subchapter B, Chapter 271 [Chapter 252 and Subchapter
|
|
C, Chapter 262], Local Government Code. |
|
SECTION 4. Subchapter B, Chapter 1052, Special District |
|
Local Laws Code, is amended by adding Section 1052.061 to read as |
|
follows: |
|
Sec. 1052.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
(a) The board may spend district money, enter into agreements, and |
|
take other necessary action to recruit physicians and other persons |
|
to serve as medical staff members or district employees, including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; and |
|
(3) providing a loan or scholarship to a physician or a |
|
person who: |
|
(A) is currently enrolled in health care |
|
education courses at an institution of higher education; and |
|
(B) contractually agrees to become a district |
|
employee or medical staff member. |
|
(b) The board may spend district money, enter into |
|
agreements, and take other necessary action to pay tuition or other |
|
expenses of a full-time medical student or other student who: |
|
(1) is currently enrolled and in good standing in a |
|
medical school or another health care program at an institution of |
|
higher education; and |
|
(2) contractually agrees to become a district employee |
|
or independent contractor for the district. |
|
SECTION 5. Subchapter D, Chapter 1052, Special District |
|
Local Laws Code, as effective April 1, 2009, is amended by adding |
|
Section 1052.160 to read as follows: |
|
Sec. 1052.160. GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
(a) The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period following the date of the pledge that is not |
|
pledged to pay the principal of or interest on district bonds; or |
|
(3) a district bond that has been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. |
|
SECTION 6. Subchapter E, Chapter 1052, Special District |
|
Local Laws Code, as effective April 1, 2009, is amended by adding |
|
Sections 1052.209 and 1052.210 to read as follows: |
|
Sec. 1052.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1052.202 and revenue and other sources authorized by Section |
|
1052.204. |
|
Sec. 1052.210. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) costs of construction of a project or facility to |
|
be provided through the bonds, including the payment of related |
|
professional services and expenses. |
|
SECTION 7. Chapter 1052, Special District Local Laws Code, |
|
as effective April 1, 2009, is amended by adding Subchapter G to |
|
read as follows: |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1052.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election held for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the registered voters in the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. |
|
Sec. 1052.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date of the election. |
|
Sec. 1052.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Lockney General Hospital |
|
District." |
|
Sec. 1052.304. ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) If a majority of the votes in the election do not favor |
|
dissolution, the board shall continue to administer the district |
|
and another election on the question of dissolution may not be held |
|
before the first anniversary of the date of the most recent election |
|
on the question of dissolution. |
|
Sec. 1052.305. TRANSFER OF ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the votes in the election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Floyd |
|
County or another governmental entity in Floyd County; or |
|
(2) administer the property, assets, and debts until |
|
all money has been disposed of and all district debts have been paid |
|
or settled. |
|
(b) If the district makes the transfer under Subsection |
|
(a)(1), the county or entity assumes all debts and obligations of |
|
the district at the time of the transfer, and the district is |
|
dissolved. |
|
(c) If Subsection (a)(1) does not apply and the board |
|
administers the property, assets, and debts of the district under |
|
Subsection (a)(2), the district is dissolved when all money has |
|
been disposed of and all district debts have been paid or settled. |
|
Sec. 1052.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the debt owed by the district; and |
|
(2) impose on the property included in the district's |
|
tax rolls a tax that is in proportion of the debt to the property |
|
value. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) A taxpayer may request that the taxpayer's share of |
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
taxpayer requests the credit, the board shall direct the secretary |
|
to transmit the money to the county tax assessor-collector. |
|
Sec. 1052.307. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all its debts and has disposed of all its money |
|
and other assets as prescribed by this subchapter, the board shall |
|
file a written report with the Commissioners Court of Floyd County |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Floyd County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. |
|
SECTION 8. Sections 1052.053 and 1052.056(b), Special |
|
District Local Laws Code, as effective April 1, 2009, are repealed. |
|
SECTION 9. The changes in law made by this Act to the |
|
qualifications of and the prohibitions applying to members of the |
|
board of directors of the Lockney General Hospital District do not |
|
affect the entitlement of a member serving on the board immediately |
|
before the effective date of this Act to continue to carry out the |
|
functions of the board for the remainder of the member's term. The |
|
changes in law apply only to a member appointed on or after the |
|
effective date of this Act. This Act does not prohibit a person who |
|
is a member of the board on the effective date of this Act from being |
|
reappointed to the board if the person has the qualifications |
|
required for membership under Section 1052.054, Special District |
|
Local Laws Code, as amended by this Act. |
|
SECTION 10. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4745 was passed by the House on May |
|
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4745 was passed by the Senate on May |
|
25, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |