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AN ACT
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relating to the Donley County Hospital District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1021.061(c), Special District Local Laws |
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Code, is amended to read as follows: |
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(c) The board may delegate to the district administrator the |
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authority to hire district employees, including technicians and |
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nurses, for the efficient operation of the district. |
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SECTION 2. Subchapter B, Chapter 1021, Special District |
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Local Laws Code, is amended by adding Sections 1021.063, 1021.064, |
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and 1021.065 to read as follows: |
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Sec. 1021.063. MAINTENANCE OF RECORDS. The board shall: |
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(1) keep minutes of all board meetings and |
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proceedings; and |
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(2) maintain at the district's principal office all |
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district records and accounts, including all contracts, notices, |
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duplicate vouchers, and duplicate receipts. |
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Sec. 1021.064. RECRUITMENT OF MEDICAL PERSONNEL. (a) The |
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board may spend district money to recruit physicians, nurses, and |
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other trained medical personnel. |
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(b) The board may pay the tuition or other expenses of a |
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full-time medical student or other student in a health occupation |
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who: |
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(1) is enrolled in and is in good standing at an |
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accredited medical school, college, or university; and |
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(2) contractually agrees to become a district employee |
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or independent contractor in return for that assistance. |
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Sec. 1021.065. EDUCATIONAL PROGRAMS; COURSES. The board |
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may provide or contract for the provision of educational programs |
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or courses for district employees, medical staff, board members, |
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and the public as necessary or beneficial to promote the mission of |
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the district. |
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SECTION 3. Section 1021.103, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1021.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
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(a) The board shall manage, control, and administer the hospital |
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system and the district's money and resources. |
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(b) The board may delegate to the district administrator |
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the authority to manage, control, and administer the hospital, the |
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hospital system, and the district's business, money, and resources |
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under the board's oversight. |
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SECTION 4. Section 1021.104, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1021.104. HOSPITAL SYSTEM. (a) The district shall |
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provide for the establishment of a hospital or hospital system in |
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the district by: |
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(1) leasing, purchasing, constructing, acquiring, |
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repairing, or renovating buildings and improvements; |
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(2) equipping the buildings and improvements; and |
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(3) administering the buildings and improvements for |
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hospital purposes. |
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(b) The hospital system, as determined by the board, may |
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include: |
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(1) facilities for domiciliary care of the sick, |
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injured, or geriatric; |
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(2) [facilities for] outpatient clinics and related |
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facilities; |
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(3) dispensaries; |
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(4) convalescent home facilities; |
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(5) necessary nurses centers; |
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(6) research centers or laboratories; |
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(7) nursing homes or similar facilities for the care |
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of the elderly; |
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(8) blood banks; and |
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(9) [(8)] any other facilities the board considers |
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necessary for hospital care. |
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(c) The district may operate or provide for the operation of |
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a mobile emergency medical or air ambulance service as part of the |
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hospital system. |
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SECTION 5. Section 1021.105, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1021.105. RULES. The board may adopt rules governing |
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the operation of the hospital, the hospital system, and the |
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district's staff and employees and as otherwise required to |
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administer this chapter. |
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SECTION 6. Section 1021.107, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1021.107. DISTRICT PROPERTY, FACILITIES, AND |
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EQUIPMENT. (a) The board shall determine the type, number, and |
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location of buildings required for district purposes [to maintain
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an adequate hospital system]. The board may purchase or lease |
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buildings, materials, supplies, equipment, and vehicles for |
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district purposes. |
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(b) The board may [contract with the Health and Human
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Services Commission to] lease all or part of the district's |
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buildings and other facilities on terms considered to be in the best |
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interest of the district's inhabitants. The term of the lease may |
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not exceed 25 years. |
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(c) The district may acquire equipment, land, improvements, |
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or vehicles for use by [in] the district [district's hospital
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system] and mortgage or pledge the property as security for the |
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payment of the purchase price. A contract entered into under this |
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subsection for equipment or vehicles must provide that the entire |
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obligation be retired not later than the fifth anniversary of the |
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date of the contract. |
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(d) The district may sell or otherwise dispose of any |
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property, including equipment and vehicles, on terms the board |
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finds are in the best interest of the district's inhabitants. |
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SECTION 7. Section 1021.110, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1021.110. CONSTRUCTION OR PURCHASE CONTRACTS. A |
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construction or purchase contract that involves the expenditure of |
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more than the amount provided by Section 271.024, Local Government |
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Code, must comply with the competitive procurement requirements |
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[$2,000 may be made only after advertising in the manner] provided |
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by Chapter 252, 262, or 271 [and Subchapter C, Chapter 262], Local |
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Government Code, as applicable. |
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SECTION 8. Section 1021.112, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1021.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
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CARE AND [HOSPITAL] TREATMENT. (a) The board may contract with a |
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county or municipality located outside the district's boundaries |
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for the care and treatment [hospitalization] of a sick or injured |
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person of that county or municipality. |
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(b) The board may contract with this state or a federal |
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agency for the care and [hospital] treatment of a sick or injured |
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person for whom this state or the agency is responsible. |
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SECTION 9. Subchapter C, Chapter 1021, Special District |
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Local Laws Code, is amended by adding Section 1021.116 to read as |
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follows: |
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Sec. 1021.116. FACILITIES OR SERVICES FOR PERSONS WHO ARE |
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ELDERLY OR PERSONS WITH DISABILITIES. (a) The district may: |
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(1) purchase, construct, acquire by lease or contract, |
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repair, renovate, equip, or administer the following types of |
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facilities or services for the care of persons who are elderly or |
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persons with disabilities: |
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(A) a nursing home or similar long-term care |
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facility; |
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(B) elderly housing; |
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(C) assisted living; |
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(D) home health; |
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(E) personal care; |
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(F) special care; or |
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(G) continuing care; and |
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(2) purchase, acquire by lease or contract, repair, or |
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equip durable medical equipment to provide services to persons who |
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are elderly or to persons with disabilities. |
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(b) For a facility or service described by Subsection (a), |
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the board may: |
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(1) lease or enter into an operating or management |
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agreement relating to all or part of a facility or service that is |
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owned by the district; |
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(2) close, transfer, sell, or otherwise convey all or |
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part of a facility; and |
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(3) discontinue all or part of a service. |
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(c) The board may issue general obligation bonds, revenue |
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bonds, and other notes to acquire, construct, or improve a facility |
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for the care of persons who are elderly or of persons with |
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disabilities or to implement the delivery of a service for the care |
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of persons who are elderly or of persons with disabilities. |
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(d) For the purposes of this section, a facility or service |
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described by Subsection (a) is a hospital project under Chapter |
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223, Health and Safety Code, notwithstanding Section 223.002 of |
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that chapter. |
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SECTION 10. Section 1021.157, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1021.157. INSPECTION OF AUDIT AND DISTRICT RECORDS. |
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The audit and other district records, including records described |
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by Section 1021.063, shall be open to public inspection at the |
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district's principal office. |
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SECTION 11. Subchapter D, Chapter 1021, Special District |
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Local Laws Code, is amended by adding Sections 1021.161 and |
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1021.162 to read as follows: |
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Sec. 1021.161. GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
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(a) Notwithstanding Section 1021.160, the board may borrow money |
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at a rate not to exceed the maximum annual percentage rate allowed |
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by law for district obligations at the time the loan is made. |
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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 in the |
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next 12-month period that is not pledged to pay the principal of or |
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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. |
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Sec. 1021.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
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SECURITY. (a) Notwithstanding Section 1021.160, the board may |
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borrow money at a rate 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 if the board declares that: |
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(1) money is not available to meet authorized |
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obligations of the district; and |
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(2) an emergency exists. |
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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 in the |
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next 12-month period that is not pledged to pay the principal of or |
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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. |
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(d) The board may not spend money obtained from a loan under |
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this section for any purpose other than: |
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(1) the purpose for which the board declared an |
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emergency; and |
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(2) if district taxes or bonds are pledged to pay the |
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loan, the purpose for which the pledged taxes were imposed or the |
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pledged bonds were authorized. |
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SECTION 12. Section 1021.201, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1021.201. GENERAL OBLIGATION BONDS. The board may |
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issue and sell general obligation bonds in the name and on the faith |
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and credit of the district for any purpose relating to: |
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(1) the purchase, construction, acquisition, repair, |
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or renovation of buildings or improvements; [and] |
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(2) equipping buildings or improvements for hospital |
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purposes; or |
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(3) acquiring and operating a mobile emergency medical |
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or air ambulance service. |
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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, 2019. |
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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. 1950 passed the Senate on |
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April 17, 2019, 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. 1950 passed the House on |
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May 14, 2019, by the following vote: Yeas 137, Nays 4, two |
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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 |