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AN ACT
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relating to the Dallam-Hartley Counties Hospital District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1018.061, Special District Local Laws |
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Code, is amended by amending Subsection (c) and adding Subsection |
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(d) to read as follows: |
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(c) Except as provided by Section 1018.0615, the [The] board |
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may delegate to the district administrator the authority to hire |
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district employees, including technicians and nurses. |
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(d) The board may employ physicians, but only as provided by |
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Section 1018.0615. The board may employ other health care |
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providers as the board considers necessary for the efficient |
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operation of the district. |
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SECTION 2. Subchapter B, Chapter 1018, Special District |
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Local Laws Code, is amended by adding Section 1018.0615 to read as |
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follows: |
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Sec. 1018.0615. EMPLOYMENT OF PHYSICIANS. (a) The board |
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may employ a physician and retain all or part of the professional |
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income generated by the physician for medical services provided at |
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a hospital or other health care facility owned or operated by the |
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district if the board satisfies the requirements of this section. |
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(b) The board shall: |
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(1) appoint a chief medical officer for the district; |
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and |
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(2) adopt, maintain, and enforce policies to ensure |
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that a physician employed by the district exercises the physician's |
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independent medical judgment in providing care to patients. |
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(c) The policies adopted under this section must include: |
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(1) policies relating to: |
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(A) credentialing; |
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(B) quality assurance; |
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(C) utilization review; |
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(D) peer review; and |
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(E) medical decision-making; and |
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(2) the implementation of a complaint mechanism to |
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process and resolve complaints regarding interference or attempted |
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interference with a physician's independent medical judgment. |
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(d) The policies adopted under this section: |
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(1) must be approved by the chief medical officer of |
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the district; and |
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(2) shall prevail over a conflicting policy of the |
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district. |
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(e) For all matters relating to the practice of medicine, |
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each physician employed by the board shall ultimately report to the |
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chief medical officer of the district. |
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(f) The chief medical officer will report immediately to the |
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Texas Medical Board any action or event that the chief medical |
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officer reasonably and in good faith believes constitutes a |
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compromise of the independent medical judgment of a physician in |
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caring for a patient. |
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(g) The board may not delegate to the district administrator |
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the authority to hire a physician. |
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(h) This section may not be construed as authorizing the |
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board to supervise or control the practice of medicine as |
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prohibited under Subtitle B, Title 3, Occupations Code. |
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SECTION 3. Section 1018.161, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1018.161. GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
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(a) The board may borrow money at a rate [for district operating
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expenses in an amount] not to exceed the maximum annual percentage |
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rate allowed by law for district obligations at the time the loan is |
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made [amount of tax or other revenue the district expects to receive
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during the fiscal year in which the money is borrowed]. |
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(b) To secure a loan, the board may pledge: |
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(1) district revenue that is not pledged to pay the |
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district's bonded indebtedness; |
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(2) a district tax to be imposed by the district during |
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the 12-month period following the date of the pledge that is not |
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pledged to pay the principal of or interest on district bonds; or |
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(3) district bonds that have been authorized but not |
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sold. |
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(c) A loan for which taxes or bonds are pledged must mature |
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not later than the first anniversary of the date the loan is made. A |
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loan for which district revenue is pledged must mature not later |
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than the fifth anniversary of the date the loan is made [To repay
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the debt, the district may pledge all or part of the tax or other
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revenue received during the fiscal year in which the board borrows
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money under this section]. |
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SECTION 4. Subchapter E, Chapter 1018, Special District |
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Local Laws Code, is amended by adding Sections 1018.209 and |
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1018.210 to read as follows: |
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Sec. 1018.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
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BONDS. In addition to the authority to issue general obligation |
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bonds and revenue bonds under this subchapter, the board may |
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provide for the security and payment of district bonds from a pledge |
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of a combination of ad valorem taxes as authorized by Section |
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1018.202 and revenue and other sources authorized by Section |
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1018.206. |
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Sec. 1018.210. USE OF BOND PROCEEDS. The district may use |
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the proceeds of bonds issued under this subchapter to pay: |
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(1) any expense the board determines is reasonable and |
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necessary to issue, sell, and deliver the bonds; |
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(2) interest payments on the bonds during a period of |
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acquisition or construction of a project or facility to be provided |
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through the bonds, not to exceed five years; |
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(3) costs related to the operation and maintenance of |
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a project or facility to be provided through the bonds: |
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(A) during an estimated period of acquisition or |
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construction, not to exceed five years; and |
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(B) for one year after the project or facility is |
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acquired or constructed; |
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(4) costs related to the financing of the bond funds, |
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including debt service reserve and contingency funds; |
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(5) costs related to the bond issuance; |
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(6) costs related to the acquisition of land or |
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interests in land for a project or facility to be provided through |
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the bonds; and |
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(7) costs of construction of a project or facility to |
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be provided through the bonds, including the payment of related |
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professional services and expenses. |
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SECTION 5. Chapter 1018, Special District Local Laws Code, |
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is amended by adding Subchapter G to read as follows: |
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SUBCHAPTER G. DISSOLUTION |
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Sec. 1018.301. DISSOLUTION; ELECTION. (a) The district |
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may be dissolved only on approval of a majority of the district |
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voters voting in an election held for that purpose. |
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(b) The board may order an election on the question of |
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dissolving the district and disposing of the district's assets and |
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obligations. |
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(c) The board shall order an election if the board receives |
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a petition requesting an election that is signed by at least 15 |
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percent of the registered voters in the district. |
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(d) The order calling the election must state: |
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(1) the nature of the election, including the |
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proposition to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; and |
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(4) the location of the polling places. |
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(e) Section 41.001(a), Election Code, does not apply to an |
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election ordered under this section. |
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Sec. 1018.302. NOTICE OF ELECTION. (a) The board shall |
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give notice of an election under this subchapter by publishing once |
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a week for two consecutive weeks a substantial copy of the election |
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order in a newspaper with general circulation in the district. |
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(b) The first publication of the notice must appear not |
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later than the 35th day before the date set for the election. |
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Sec. 1018.303. BALLOT. The ballot for an election under |
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this subchapter must be printed to permit voting for or against the |
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proposition: "The dissolution of the Dallam-Hartley Counties |
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Hospital District." |
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Sec. 1018.304. ELECTION RESULTS. (a) If a majority of the |
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votes in an election under this subchapter favor dissolution, the |
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board shall find that the district is dissolved. |
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(b) If a majority of the votes in the election do not favor |
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dissolution, the board shall continue to administer the district |
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and another election on the question of dissolution may not be held |
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before the first anniversary of the date of the most recent election |
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on the question of dissolution. |
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Sec. 1018.305. TRANSFER OF ADMINISTRATION OF ASSETS. |
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(a) If a majority of the votes in the election held under this |
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subchapter favor dissolution, the board shall: |
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(1) transfer the land, buildings, improvements, |
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equipment, and other assets that belong to the district to Dallam |
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County or Hartley County or another governmental entity in Dallam |
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County or Hartley County; or |
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(2) administer the property, assets, and debts until |
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all money has been disposed of and all district debts have been paid |
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or settled. |
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(b) If the district makes the transfer under Subsection |
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(a)(1), the county or entity assumes all debts and obligations of |
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the district at the time of the transfer, and the district is |
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dissolved. |
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(c) If Subsection (a)(1) does not apply and the board |
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administers the property, assets, and debts of the district under |
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Subsection (a)(2), the district is dissolved when all money has |
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been disposed of and all district debts have been paid or settled. |
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Sec. 1018.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
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TAXES. (a) After the board finds that the district is dissolved, |
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the board shall: |
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(1) determine the debt owed by the district; and |
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(2) impose on the property included in the district's |
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tax rolls a tax that is in proportion of the debt to the property |
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value. |
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(b) On the payment of all outstanding debts and obligations |
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of the district, the board shall order the secretary to return to |
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each district taxpayer the taxpayer's pro rata share of all unused |
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tax money. |
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(c) A taxpayer may request that the taxpayer's share of |
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surplus tax money be credited to the taxpayer's county taxes. If a |
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taxpayer requests the credit, the board shall direct the secretary |
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to transmit the money to the appropriate county tax |
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assessor-collector. |
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Sec. 1018.307. REPORT; DISSOLUTION ORDER. (a) After the |
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district has paid all district debts and has disposed of all |
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district money and other assets as prescribed by this subchapter, |
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the board shall file a written report with the Commissioners Courts |
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of Dallam and Hartley Counties summarizing the board's actions in |
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dissolving the district. |
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(b) Not later than the 10th day after the date the |
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Commissioners Court of Dallam County receives the report and |
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determines that the requirements of this subchapter have been |
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fulfilled, the commissioners court shall enter an order approving |
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dissolution of the district and releasing the board from any |
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further duty or obligation as to Dallam County. |
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(c) Not later than the 10th day after the date the |
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Commissioners Court of Hartley County receives the report and |
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determines that the requirements of this subchapter have been |
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fulfilled, the commissioners court shall enter an order approving |
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dissolution of the district and releasing the board from any |
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further duty or obligation as to Hartley County. |
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(d) Dissolution under this section is complete on entry of |
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the later of the two orders described by Subsections (b) and (c). |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 310 passed the Senate on |
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March 31, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 310 passed the House on |
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May 20, 2011, by the following vote: Yeas 149, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |