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AN ACT
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relating to the Knox County Hospital District; authorizing the |
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imposition of a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1050.051, 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) The Commissioners Court of Knox County shall appoint two |
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successor directors on or before the date on which directors are |
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elected [first Saturday in April of] each year. |
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(d) An election shall be held each year on the May uniform |
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election date under Section 41.001, Election Code, to elect the |
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appropriate number of at-large directors. |
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SECTION 2. Section 1050.052, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1050.052. NOTICE OF ELECTION. Notice [At least 10 days
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before the date of an election of directors, notice] of an [the] |
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election of directors shall be published in accordance with Section |
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4.003, Election Code, [one time] in a newspaper of general |
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circulation in Knox County. |
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SECTION 3. Section 1050.053, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1050.053. BALLOT APPLICATION [PETITION]. A person who |
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wants to have the person's name printed on the ballot as a candidate |
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for elected director must file with the board secretary an |
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application in accordance with Chapter 144, Election Code [a
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petition requesting that action. The petition must:
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[(1)
be signed by at least 25 registered district
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voters; and
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[(2)
be filed at least 25 days before the date of the
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election]. |
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SECTION 4. Section 1050.054(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) A person is not qualified for appointment or election as |
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a director unless the person: |
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(1) is a district resident; and |
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(2) [owns land subject to taxation by the district;
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and
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[(3)] is at least 18 years of age at the time of the |
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appointment or election. |
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SECTION 5. Section 1050.058, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1050.058. OFFICERS. The board shall elect from among |
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its members a president, a vice president, and a secretary. |
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SECTION 6. Section 1050.152(c), Special District Local Laws |
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Code, is amended to read as follows: |
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(c) Any district resident [taxpayer] is entitled to: |
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(1) appear at the time and place designated in the |
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notice; and |
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(2) be heard regarding any item included in the |
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proposed budget. |
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SECTION 7. Section 1050.153, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1050.153. FISCAL YEAR. (a) The [district operates on
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a] fiscal year [that] begins on October 1 and ends on September 30, |
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unless otherwise established by the board. |
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(b) The fiscal year may not be changed: |
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(1) during a period that revenue bonds of the district |
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are outstanding; or |
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(2) more than once in a 24-month period. |
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SECTION 8. The heading to Section 1050.155, Special |
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District Local Laws Code, is amended to read as follows: |
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Sec. 1050.155. DEPOSITORY [OR TREASURER]. |
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SECTION 9. Sections 1050.155(a) and (b), Special District |
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Local Laws Code, are amended to read as follows: |
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(a) The board by resolution shall designate a bank [in Knox
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County] as the district's depository [or treasurer]. A designated |
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bank serves for two years until a successor is designated. |
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(b) District money, other than money invested in accordance |
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with Chapter 2256, Government Code, and money transmitted to a bank |
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for payment of bonds or obligations issued by the district, [All
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income received by the district] shall be deposited with the |
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district depository. |
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SECTION 10. Subchapter E, Chapter 1050, Special District |
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Local Laws Code, is amended by adding Sections 1050.206, 1050.207, |
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1050.208, and 1050.209 to read as follows: |
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Sec. 1050.206. REVENUE BONDS. (a) The board may issue |
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revenue bonds to: |
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(1) acquire, purchase, construct, repair, renovate, |
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or equip buildings or improvements for hospital purposes; or |
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(2) acquire sites to be used for hospital purposes. |
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(b) The bonds must be payable from and secured by a pledge of |
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all or part of the revenues derived from the operation of the |
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district's hospital system, including district facilities. |
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(c) The bonds may be additionally secured by a mortgage or |
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deed of trust lien on all or part of the district property. |
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(d) The bonds must be issued in the manner and in accordance |
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with the procedures and requirements prescribed by Sections |
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264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health |
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and Safety Code, for issuance of revenue bonds by county hospital |
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authorities. |
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Sec. 1050.207. REFUNDING BONDS. (a) The board may issue |
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refunding bonds to refund outstanding indebtedness issued or |
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assumed by the district. |
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(b) A refunding bond may be: |
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(1) sold, with the proceeds of the refunding bond |
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applied to the payment of the indebtedness to be refunded; or |
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(2) exchanged wholly or partly for not less than a |
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similar principal amount of outstanding indebtedness. |
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Sec. 1050.208. 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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1050.202 and revenue and other sources authorized by Section |
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1050.206. |
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Sec. 1050.209. 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 11. Section 1050.254, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1050.254. TAX ASSESSOR-COLLECTOR. The board may: |
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(1) appoint a tax assessor-collector for the district; |
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or |
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(2) contract for the assessment and collection of |
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taxes as provided by the Tax Code. [The tax assessor-collector of
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Knox County shall assess and collect taxes imposed by the
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district.] |
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SECTION 12. Chapter 1050, 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. 1050.301. 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. 1050.302. 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. 1050.303. 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 Knox County Hospital |
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District." |
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Sec. 1050.304. 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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to dissolve the district. |
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Sec. 1050.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
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If a majority of the votes in an election held under this subchapter |
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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 Knox |
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County or another governmental entity in Knox 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 board makes the transfer under Subsection (a)(1), |
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the county or entity assumes all debts and obligations of the |
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district at the time of the transfer, and the district is 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. 1050.306. 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 county tax assessor-collector. |
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Sec. 1050.307. 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 Court |
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of Knox County summarizing the board's actions in dissolving the |
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district. |
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(b) Not later than the 10th day after the date the |
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Commissioners Court of Knox 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 dissolving |
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the district and releasing the board from any further duty or |
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obligation. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2907 was passed by the House on May 8, |
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2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2907 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |