By: Swinford H.B. No. 2500
73R5073 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers, duties, and expansion of the City of
1-3 Amarillo Hospital District; authorizing the creation of public
1-4 debt.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1, Chapter 136, Acts of the 55th
1-7 Legislature, Regular Session, 1957, is amended to read as follows:
1-8 Sec. 1. The City of Amarillo, Texas, may be constituted a
1-9 Hospital District, which district shall, unless expanded under
1-10 Section 19 of this Act or other applicable law, always be
1-11 co-extensive <co-extensve> with the incorporated limits of the City
1-12 of Amarillo, Texas, for the purpose of owning and operating a
1-13 hospital or hospital system, including medical and other health
1-14 care facilities, and providing medical and health care services for
1-15 the residents of the district, including indigent and needy
1-16 persons, as hereinafter set out, and may take over the hospital or
1-17 hospital system, either owned separately by Potter County or
1-18 jointly with the City of Amarillo, or may provide for the
1-19 establishment of a hospital, or hospital, medical, and health care
1-20 system to furnish medical aid, <and> hospital care, and health care
1-21 services to the indigent, <and> needy, and other persons residing
1-22 in said Hospital District. The name of the district shall be
1-23 specified by the governing body of the City. Said district shall
1-24 constitute a body politic and corporate, and its functions are
2-1 declared to be governmental and public.
2-2 SECTION 2. Subsection a, Section 2, Chapter 136, Acts of the
2-3 55th Legislature, Regular Session, 1957, is amended to read as
2-4 follows:
2-5 a. The governing body of the City of Amarillo shall have the
2-6 power and the authority, and it shall be its duty, to levy on all
2-7 property subject to hospital district taxation for the benefit of
2-8 the district at the same time taxes are levied for city purposes,
2-9 using the city values and the city tax roll, a tax of not to exceed
2-10 Seventy-five Cents (75›) on the One Hundred Dollars ($100)
2-11 valuation of all taxable property within the Hospital District, for
2-12 the purpose of (1) paying the interest on and creating a sinking
2-13 fund for bonds which may have been assumed or which may be issued
2-14 by the Hospital District for hospital, medical, or health care
2-15 purposes, as herein provided; (2) providing for the operation and
2-16 maintenance of the hospital or hospital system, including medical
2-17 and other health care facilities; and (3) when requested by the
2-18 Board of Hospital Managers and approved by the governing body of
2-19 the city, for the purpose of making further improvements and
2-20 additions to the hospital system, including medical and other
2-21 health care facilities and for the acquisition of necessary sites
2-22 therefor, by purchase, lease, or condemnation.
2-23 SECTION 3. Subsections a, b, c, and d, Section 3, Chapter
2-24 136, Acts of the 55th Legislature, Regular Session, 1957, are
2-25 amended to read as follows:
2-26 a. The city governing body shall have the power and
2-27 authority to issue and sell as the obligations of such Hospital
3-1 District, and in the name and upon the faith and credit of such
3-2 Hospital District, bonds for the acquisition, purchase,
3-3 construction, equipment and enlargement of the hospital or hospital
3-4 system, including medical and other health care facilities, and for
3-5 any or all of such purposes; provided, that a sufficient tax shall
3-6 be levied to create an interest and sinking fund to pay the
3-7 interest and principal as same matures provided said tax together
3-8 with any other taxes levied for said district shall not exceed
3-9 Seventy-five Cents (75›) in any one year. Such bonds shall be
3-10 executed in the name of the Hospital District and on its behalf by
3-11 the Mayor of the City of Amarillo, and countersigned by the City
3-12 Secretary, or, in lieu of such manual signatures, facsimile
3-13 signatures of the Mayor or City Secretary, or both may be printed
3-14 on the bonds as provided by the Texas Uniform Facsimile Signature
3-15 of Public Officials Act (Article 717j-1, Vernon's Texas Civil
3-16 Statutes), and its subsequent amendments <Chapter 293, Acts of the
3-17 Fifty-fourth Legislature>, and shall be subject to the same
3-18 requirements in the matter of approval thereof by the Attorney
3-19 General of the State of Texas and the registration thereof by the
3-20 Comptroller of Public Accounts of the State of Texas as are by law
3-21 provided for such approval and registration of bonds of such city;
3-22 and the approval of such bonds by the Attorney General shall have
3-23 the same force and effect as is by law given to his approval of
3-24 bonds of such city. No such bonds shall be issued by such Hospital
3-25 District (except refunding bonds) until authorized by a majority
3-26 vote of the legally qualified property taxpaying voters residing in
3-27 such Hospital District, voting at an election called and held in
4-1 accordance with the provisions of law relating to city bonds. Such
4-2 election may be called by the governing body of the city of its own
4-3 motion, or shall be called by it after request therefor by the
4-4 Board of Hospital Managers; and the same persons shall be
4-5 responsible for the conduct of such election and the arrangements
4-6 of all details thereof as the persons charged therewith in
4-7 connection with other city-wide elections. The cost of any such
4-8 election shall be a charge upon the Hospital District and its
4-9 funds; and the Hospital District shall make provision for the
4-10 payment thereof before the governing body of the city shall be
4-11 required to order such an election.
4-12 b. In the manner hereinabove provided, the bonds of such
4-13 Hospital District may, without the necessity of any election
4-14 therefor, be issued for the purpose of refunding and paying off any
4-15 bonded indebtedness theretofore assumed by such Hospital District
4-16 and any bonds theretofore issued by such Hospital District; such
4-17 refunding bonds may be sold and the proceeds thereof applied to the
4-18 payment of any such outstanding bonds or may be exchanged in whole
4-19 or in part for not less than a like amount of said outstanding
4-20 bonds and interest matured thereon, but unpaid. The refunding
4-21 bonds shall mature serially or otherwise in not to exceed forty
4-22 (40) years <and bear interest at a rate not to exceed six per cent
4-23 (6%)>.
4-24 <c. If the city has voted bonds to provide hospital
4-25 facilities, but such bonds have not been sold at the date of the
4-26 creation of the Hospital District, the authority for such bonds
4-27 shall be canceled, and they shall not be sold.>
5-1 d. All bonds of the district shall be and are hereby
5-2 declared to be legal and authorized investments for banks, savings
5-3 banks, trust companies, savings <building> and loan associations,
5-4 insurance companies, fiduciaries, trustees, guardians, and the
5-5 sinking funds of cities, towns, villages, counties, school
5-6 districts, or other political subdivisions of the State of Texas.
5-7 Such bonds shall be eligible to secure the deposit of any and all
5-8 public funds of the State of Texas, and any and all public funds of
5-9 cities, towns, villages, counties, school districts, or other
5-10 political corporations or subdivisions of the State of Texas; and
5-11 such bonds shall be lawful and sufficient security for said
5-12 deposits to the extent of their value, when accompanied by all
5-13 unmatured coupons appurtenant thereto.
5-14 SECTION 4. Subsections (a), (b), (c), (d), (f), (g), and
5-15 (h), Section 3A, Chapter 136, Acts of the 55th Legislature, Regular
5-16 Session, 1957, are amended to read as follows:
5-17 (a) The city governing body, for and on behalf of the
5-18 Hospital District, may issue and sell revenue bonds as special
5-19 obligations of the Hospital District, in the name of the <Amarillo>
5-20 Hospital District, for the purpose of providing funds to finance,
5-21 refinance, acquire, purchase, construct, repair, renovate, improve,
5-22 enlarge, or equip hospital, medical, and other health care
5-23 facilities, and to acquire any real or personal property in
5-24 connection therewith.
5-25 (b) The city governing body may issue the revenue bonds to
5-26 be payable from and secured by liens on and pledges of all or any
5-27 part of the revenues and income of every nature derived by the
6-1 Hospital District from the operation and ownership of its hospital
6-2 facilities, including medical and other health care facilities,
6-3 exclusive of ad valorem taxes. The city governing body also may
6-4 pledge to the payment of the revenue bonds all or any part of any
6-5 grant, donation, or income received or to be received from the
6-6 United States government or any other public or private source.
6-7 (c) The bonds may be additionally secured by mortgages and
6-8 deeds of trust on any real property on which any hospital
6-9 facilities of the Hospital District, including medical and other
6-10 health care facilities, are or will be located, and any real or
6-11 personal property incident or appurtenant to the facilities, and
6-12 the governing body of the city may authorize the execution and
6-13 delivery of trust indentures, mortgages, deeds of trust, or other
6-14 forms of encumbrances to evidence the same.
6-15 (d) The bonds may be issued to mature serially or otherwise
6-16 not to exceed forty (40) years from their date. The total
6-17 principal of revenue bonds issued and outstanding <and unpaid> may
6-18 not exceed, $30 million <$7,500,000>.
6-19 (f) The bonds, and any interest coupons pertaining thereto,
6-20 shall be negotiable instruments, provided that the bonds may be
6-21 issued registrable as to principal alone or as to both principal
6-22 and interest, and shall be executed, and may be made redeemable
6-23 prior to maturity, and may be issued in such form, denominations,
6-24 and manner, and under such terms, conditions, and details, and may
6-25 be sold in such manner, at such price, and under such terms, and
6-26 the bonds shall bear interest at any rate or rates all as shall be
6-27 determined and provided by the city governing body in the ordinance
7-1 authorizing the issuance of the bonds. If so permitted in the bond
7-2 ordinance, any required part of the proceeds from the sale of the
7-3 bonds may be used for paying interest thereon during the period of
7-4 the construction of any hospital facilities, including medical and
7-5 other health care facilities, to be provided through the issuance
7-6 of the bonds, and for the payment of operation and maintenance
7-7 expenses of the facilities to the extent, and for the period of
7-8 time, specified in the bond ordinance, and also for the creation of
7-9 reserves for the payment of the principal of and interest on the
7-10 bonds. The proceeds of the bonds may be invested until needed, to
7-11 the extent and in the manner provided in the bond ordinance.
7-12 (g) The <city governing body and the> Board of Managers of
7-13 the Hospital District is <are> authorized to fix and collect
7-14 charges for the occupancy or use of any of said hospital, medical,
7-15 and other health care facilities, and the services thereof, in such
7-16 amounts and in such manner as may be determined by such Board; and
7-17 such charges shall be fixed and collected in such amounts as will
7-18 be at least sufficient, together with any other pledged resources,
7-19 to provide for all payments of principal, interest, and any other
7-20 amounts required in connection with said bonds, and, to the extent
7-21 required by the bond ordinance, to provide for payment of all or
7-22 any part of the operation, maintenance, and other expenses of the
7-23 hospital, medical, and other health care facilities. <The city
7-24 governing body and the Board of Managers of the Hospital District
7-25 shall make provision in each annual Hospital District Budget for
7-26 the payment of all operation and maintenance expenses of the
7-27 Hospital District, and shall take into consideration the estimated
8-1 excess revenues and income from hospital facilities that will be
8-2 available for paying operation and maintenance expenses after
8-3 providing for all principal, interest, and reserve requirements in
8-4 connection with the bonds.> To the extent that excess revenues and
8-5 income are not available at any time to make payment of all
8-6 operation and maintenance expenses of the Hospital District, ad
8-7 valorem taxes of the Hospital District shall be used to make such
8-8 payment, and the proceeds of an annual ad valorem tax may be
8-9 pledged for such payment in the ordinance authorizing the issuance
8-10 of the revenue bonds. If the annual ad valorem tax is thus
8-11 pledged, it shall be the duty of the city governing body, during
8-12 each year while any of the bonds are outstanding, to compute and
8-13 ascertain a rate and amount of ad valorem tax which will be
8-14 sufficient to raise and produce the money required to make the
8-15 payment of operation and maintenance expenses to the extent
8-16 required; and the tax shall be based on the latest approved tax
8-17 rolls of the Hospital District, with full allowance being made for
8-18 tax delinquencies and the cost of tax collection. The rate and
8-19 amount of ad valorem tax shall be levied, and ordered to be levied,
8-20 against all taxable property in the Hospital District, for each
8-21 year while any of the bonds are outstanding; and the tax shall be
8-22 assessed and collected each year and used for such purpose to the
8-23 extent required. The tax levied may not exceed the tax limitation
8-24 set forth in Article IX, Section 5, of the Texas Constitution.
8-25 (h) Any revenue bonds issued for the Hospital District under
8-26 this Act, or any other Texas statute, and payable from revenues
8-27 from any hospital, medical, and other health care facilities, may
9-1 be refunded or otherwise refinanced by the city governing body, and
9-2 in such case all pertinent and appropriate provisions of this Act
9-3 shall be fully applicable to the refunding bonds. In refunding or
9-4 otherwise refinancing any bonds the city governing body may, in the
9-5 same authorization proceedings, refund or refinance bonds issued
9-6 pursuant to this Act and bonds issued pursuant to any other Texas
9-7 statute and combine all its refunding bonds and any other
9-8 additional new bonds to be issued pursuant thereto into one or more
9-9 issues or series of bonds, and may provide for the subsequent
9-10 issuance of additional parity bonds, or subordinate lien bonds, or
9-11 other type of bonds. All refunding bonds shall be issued and
9-12 delivered under the terms and conditions as may be set forth in the
9-13 authorization proceedings. Refunding bonds also may be issued
9-14 pursuant to any other applicable Texas statute.
9-15 SECTION 5. Section 3B, Chapter 136, Acts of the 55th
9-16 Legislature, Regular Session, 1957, is amended by adding Subsection
9-17 g to read as follows:
9-18 g. This section is cumulative of any other law establishing
9-19 the manner in which Randall County, or any portion of Randall
9-20 County, may participate in, be annexed to, or otherwise served by
9-21 the Amarillo Hospital District.
9-22 SECTION 6. Section 5, Chapter 136, Acts of the 55th
9-23 Legislature, Regular Session, 1957, is amended to read as follows:
9-24 Sec. 5. a. The governing body of the City of Amarillo shall
9-25 appoint a Board of Hospital Managers, consisting of not less than
9-26 five (5) nor more than seven (7) members, who shall serve for a
9-27 term of two (2) years, with overlapping terms if desired, and with
10-1 initial appointments to terms of office arranged accordingly,
10-2 without pay, and whose duties shall be to manage, control and
10-3 administer the hospital or hospital system, including medical and
10-4 other health care facilities, of the Hospital District. The
10-5 governing body of the City of Amarillo may, by majority vote,
10-6 remove any member of the Board of Hospital Managers with or without
10-7 cause. The district, through its Board of Managers, shall have the
10-8 power and authority to sue and be sued in its name. The Board is
10-9 authorized to promulgate rules and regulations for the operation of
10-10 the hospital or hospital system, including medical and other health
10-11 care facilities.
10-12 b. The Board shall appoint a general manager, to be known as
10-13 the Administrator of the Hospital District. The Administrator
10-14 <shall hold office for a term not exceeding two (2) years, and>
10-15 shall receive such compensation as may be fixed by the Board. The
10-16 Administrator shall be subject to removal at any time by the Board.
10-17 The Administrator shall, before entering into the discharge of his
10-18 duties, execute a bond payable to the District, in the amount of
10-19 not less than Ten Thousand Dollars ($10,000), conditioned that he
10-20 shall well and faithfully perform the duties required of him, and
10-21 containing such other conditions as the Board may require. The
10-22 Administrator shall perform all duties which may be required of him
10-23 by the Board, and shall supervise all of the work and activities of
10-24 the district, and have general direction of the affairs of the
10-25 district, within such limitations as may be prescribed by the
10-26 Board. He shall be a person qualified by training and experience
10-27 for the position of Administrator.
11-1 c. The Board of Managers shall have the authority to employ
11-2 such doctors, technicians, nurses and other employees of every kind
11-3 and character as may be deemed advisable for the efficient
11-4 operation of the hospital or hospital system, including medical and
11-5 other health care facilities<; provided that no contract or term of
11-6 employment shall exceed the period of two (2) years>. The Board of
11-7 Managers may delegate to the Administrator the authority to employ
11-8 persons for the Hospital District.
11-9 d. The Board of Managers, <with the approval of the
11-10 governing body of the City of Amarillo,> shall be authorized to
11-11 contract with any political subdivision of the State <county or
11-12 other incorporated municipality> for care and treatment of the
11-13 political subdivision's <such county's or city's> sick, diseased
11-14 and injured persons, and with the State and agencies of the State,
11-15 any political subdivision of the State, or the Federal Government
11-16 for the care of and treatment of such persons for whom the State
11-17 and such agencies of the State, any political subdivision of the
11-18 State, or the Federal Government are responsible. The Board of
11-19 Managers may contract to provide to another political subdivision
11-20 or governmental agency investigatory, administrative, managerial,
11-21 or other services relating to the hospital, medical, health care,
11-22 or welfare needs of the inhabitants of the Hospital District.
11-23 Further, <under the same conditions,> the Board of Managers may
11-24 <enter into such contracts with the State and Federal Government as
11-25 may be necessary to> establish or continue a retirement program for
11-26 the benefit of its employees and may contract with the State or
11-27 Federal Government for that purpose.
12-1 e. A majority of the Board of Hospital Managers shall
12-2 constitute a quorum for the transaction of any business. From
12-3 among its members the Board shall choose a Chairman, who shall
12-4 preside; or in his absence a Chairman pro tem shall preside; and
12-5 the Administrator or any member of the Board may be appointed
12-6 secretary. The Board shall require the secretary to keep suitable
12-7 records of all proceedings of each meeting of the Board. Such
12-8 record shall be read and signed after each meeting by the Chairman
12-9 or the member presiding, and attested by the secretary. The Board
12-10 shall have a seal, on which shall be engraved the name of the
12-11 Hospital District; and said seal shall be kept by the secretary and
12-12 used in authentication of all acts of the Board.
12-13 f. The Board of Managers may appoint to the staff doctors
12-14 and other medical personnel the Board of Managers considers
12-15 necessary for the efficient operation of the Hospital District,
12-16 make temporary appointments as it considers necessary, and, in its
12-17 sole discretion, remove from the medical staff any doctor or other
12-18 medical personnel.
12-19 g. The Board of Managers may contract with any entity,
12-20 public or private, including a foreign government, to obtain or to
12-21 supply facilities and services necessary for the efficient
12-22 operation of the Hospital District.
12-23 h. The Board of Managers may enter into operating or
12-24 management contracts relating to hospital, medical, and other
12-25 health care facilities and services on behalf of the Hospital
12-26 District.
12-27 i. The Board of Managers has sole discretion in determining
13-1 the type, number, and location of buildings and facilities required
13-2 to establish and maintain an adequate hospital, medical, and health
13-3 care system.
13-4 j. The Board of Managers may purchase insurance to protect
13-5 the members of the Board from any liability that arises from
13-6 serving on the Board.
13-7 k. The Board of Managers shall determine the eligibility
13-8 standards for Hospital District assistance and the consideration to
13-9 be received for its services, products, and the use of its
13-10 facilities and may use the pricing methods it considers advisable,
13-11 including discount and per diem pricing.
13-12 l. The Board of Managers may use Hospital District funds,
13-13 enter into agreements, and take other necessary action to recruit
13-14 or otherwise obtain physicians and other personnel for the Hospital
13-15 District's medical staff or for employment with the Hospital
13-16 District, including:
13-17 (1) advertising and marketing;
13-18 (2) paying recruitment expenses;
13-19 (3) paying travel and relocation expenses;
13-20 (4) providing guarantees, subsidies, loans, and
13-21 scholarships;
13-22 (5) sharing personnel;
13-23 (6) authorizing a physician to use space in Hospital
13-24 District facilities or providing a rent subsidy to a physician; and
13-25 (7) using other innovative recruiting or retention
13-26 methods.
13-27 m. The Board of Managers may use Hospital District funds,
14-1 enter into agreements, and take other necessary action to conduct,
14-2 participate in, or assist health care education programs for the
14-3 public and for current or potential medical staff members or
14-4 employees.
14-5 n. The Board of Managers may market or advertise to promote
14-6 Hospital District services, the orderly operation of the Hospital
14-7 District, and the delivery of medical and health care in the
14-8 Hospital District.
14-9 o. The Board of Managers may use Hospital District funds to
14-10 ensure the qualification and continued qualification of physicians
14-11 and other personnel.
14-12 SECTION 7. Sections 5a and 6, Chapter 136, Acts of the 55th
14-13 Legislature, Regular Session, 1957, are amended to read as follows:
14-14 Sec. 5a. The Board of Managers<, with the approval of the
14-15 governing body of the City of Amarillo,> is authorized to contract
14-16 with West Texas State University or another educational institution
14-17 for the coordination of the B.S. degree and diploma programs in
14-18 nursing to be conducted by each and for cooperative funding of the
14-19 expense of an instructional program in nursing. The Hospital
14-20 District may provide services, funds, or equipment and may make its
14-21 facilities available to West Texas State University for clinical
14-22 instruction.
14-23 Sec. 6. The governing body of the City of Amarillo shall
14-24 have the power to prescribe the method and manner of making
14-25 purchases and expenditures by and for such Hospital District, and
14-26 also shall be authorized to prescribe all accounting and control
14-27 procedures, or may delegate any or all such powers to the Board of
15-1 Managers of such district by the adoption of an appropriate
15-2 resolution or order to that effect. The method of making purchases
15-3 and expenditures may, but is not required to, comply with any law
15-4 requiring notice or competitive bidding and may authorize use of
15-5 public or private group purchasing plans. The Hospital District
15-6 shall pay all salaries and expenses necessarily incurred by the
15-7 city or any of its officers and agents in performing any duties
15-8 which may be prescribed or required under this Section. It shall
15-9 be the duty of any officer, employee or agent of such city to
15-10 perform and carry out any function or service prescribed by the
15-11 governing body of the city hereunder.
15-12 SECTION 8. Section 9, Chapter 136, Acts of the 55th
15-13 Legislature, Regular Session, 1957, is amended by amending
15-14 Subsection b and adding Subsections c, d, and e to read as follows:
15-15 b. The Hospital District shall have the power to take by
15-16 purchase or lease lands or any other real or personal property
15-17 within or without the district as may be required for its purpose;
15-18 and it may sell or lease any lands or other property owned by it at
15-19 public or private sale; provided, however, that no unimproved real
15-20 estate may be sold or leased until after there has been a
15-21 determination by the governing body of the City of Amarillo that
15-22 either the unimproved real estate is <the lands are> no longer
15-23 required for the purposes of the district or that the grantee or
15-24 lessee will use the unimproved real estate <property> for hospital
15-25 purposes or purposes incidental and necessary to hospital purposes.
15-26 c. The Board of Managers may acquire by lease, purchase, or
15-27 other method property, facilities, or equipment and may pledge the
16-1 property, facilities, or equipment as security for the payment of
16-2 the purchase or construction price.
16-3 d. The Board of Managers may acquire from or transfer to any
16-4 public or private entity, by sale or by lease, hospital, medical,
16-5 and health care equipment and supplies.
16-6 e. Subject to Subsection b of this section, the Board of
16-7 Managers, on behalf of the Hospital District, may sell, lease, or
16-8 otherwise dispose of the property, facilities, or equipment of the
16-9 Hospital District. Property, facilities, or equipment sold under
16-10 this subsection may be sold by public or private sale. Subject to
16-11 Subsection b of this section, the Board may dispose of property,
16-12 facilities, or equipment under the terms and conditions, and for
16-13 the consideration, that the Board considers to be in the best
16-14 interests of the District.
16-15 SECTION 9. Sections 10 and 12, Chapter 136, Acts of the 55th
16-16 Legislature, Regular Session, 1957, are amended to read as follows:
16-17 Sec. 10. Within thirty (30) days after the appointment of
16-18 the Board of Hospital Managers of any district created under this
16-19 Act, the said Board shall select one or more depositories <a
16-20 depository> for such district in the manner provided by law for the
16-21 selection of county depositories<; and such depository shall be the
16-22 depository of such district for a period of two (2) years
16-23 thereafter, or until its successor is selected and qualified. In
16-24 the alternative, the Board may elect to use the depository
16-25 theretofore selected by the county>.
16-26 Sec. 12. The Board of Hospital Managers may be represented
16-27 in all legal matters by the attorneys charged with representing the
17-1 City of Amarillo in civil matters, and in such event the District
17-2 shall contribute sufficient funds to the general fund of the City
17-3 of Amarillo for the account of the budget of such attorneys to pay
17-4 all additional salaries and expenses incurred by such attorneys in
17-5 performing the duties required of them by the district; provided,
17-6 however, that the Board may in its discretion employ legal counsel
17-7 of its own selection if it deems the action advisable.
17-8 SECTION 10. Chapter 136, Acts of the 55th Legislature,
17-9 Regular Session, 1957, is amended by adding Section 13A to read as
17-10 follows:
17-11 Sec. 13A. Not later than the first day of each fiscal year,
17-12 the Board of Managers shall adopt requirements to be used by the
17-13 Hospital District in determining if a person is eligible for
17-14 hospital, medical, or health care assistance from the District.
17-15 The Board shall adopt an application procedure that specifies the
17-16 documentation required in support of the application for
17-17 assistance.
17-18 SECTION 11. Subsection a, Section 14, Chapter 136, Acts of
17-19 the 55th Legislature, Regular Session, 1957, is amended to read as
17-20 follows:
17-21 a. Whenever a patient has been admitted to the facilities of
17-22 the Hospital District from Potter County or the Hospital District,
17-23 the Administrator shall cause inquiry to be made as to his
17-24 circumstances, and of the relatives of such patient legally liable
17-25 for his support. If it is determined <he finds> that such patient
17-26 or said relatives are liable to pay for his care and treatment in
17-27 whole or in part, an order shall be made directing such patient, or
18-1 said relatives, to pay <to> the <treasurer of the> Hospital
18-2 District for the support of such patient a specified sum <per week,
18-3 in proportion to their financial ability, but such sum shall not
18-4 exceed the actual per capita cost of maintenance>. The
18-5 Administrator shall have power and authority to collect such sum
18-6 from the estate of the patient, or his relatives legally liable for
18-7 his support, in the manner provided by law for the collection of
18-8 expenses of the last illness of a deceased person. <If the
18-9 Administrator finds that such patient or said relatives are not
18-10 able to pay, either in whole or in part, for his care and treatment
18-11 in such hospital, the same shall become a charge upon the Hospital
18-12 District. Should there be a dispute as to the ability to pay, or
18-13 doubt in the mind of the Administrator, the County Judge of Potter
18-14 County shall hear and determine same, after calling witnesses, and
18-15 shall make such order as may be proper, from which appeal shall lie
18-16 to the district court by either party to the dispute.>
18-17 SECTION 12. Section 15, Chapter 136, Acts of the 55th
18-18 Legislature, Regular Session, 1957, is amended to read as follows:
18-19 Sec. 15. Said Board of Managers of the Hospital District is
18-20 authorized on behalf of said Hospital District to accept donations,
18-21 gifts, and endowments for the Hospital District, to be held in
18-22 trust or otherwise and administered by the Board of Managers for
18-23 such purposes and under such directions, limitations, and
18-24 provisions as may be prescribed in writing by donor, not
18-25 inconsistent with proper management and objects of Hospital
18-26 District, and may establish foundations or nonprofit corporations
18-27 for these purposes.
19-1 SECTION 13. Section C, Section 16, Chapter 136, Acts of the
19-2 55th Legislature, Regular Session, 1957, is amended to read as
19-3 follows:
19-4 Sec. C. The creation of said District by the City Commission
19-5 of the City of Amarillo and the appointment of the Board of
19-6 Hospital Managers by said Commission are hereby validated<,
19-7 provided, however, that this validation provision shall not be
19-8 applicable if litigation attacking the validity of the District is
19-9 pending at the time this Act becomes effective>.
19-10 SECTION 14. Chapter 136, Acts of the 55th Legislature,
19-11 Regular Session, 1957, is amended by adding Sections 17-21 to read
19-12 as follows:
19-13 Sec. 17. a. The Board of Managers shall require
19-14 reimbursement from a county, municipality, or public hospital
19-15 located outside the boundaries of the district for the district's
19-16 care and treatment of a sick, diseased, or injured person of that
19-17 county, municipality, or public hospital, as provided by Chapter
19-18 61, Health and Safety Code.
19-19 b. The Board of Managers shall require reimbursement from
19-20 the sheriff or police chief of a county or municipality for the
19-21 district's care and treatment of a person confined in a jail
19-22 facility of the county or municipality who is not a resident of the
19-23 district.
19-24 Sec. 18. The Hospital District may contract with, affiliate
19-25 with, or enter into other arrangements with public hospitals,
19-26 health care providers, managed care systems, preferred provider
19-27 organizations, health maintenance organizations, other providers of
20-1 alternative health care or delivery systems, private hospitals,
20-2 other hospital districts, or with a governmental entity or
20-3 political subdivision to provide regional, cooperative, reciprocal,
20-4 or joint administration or delivery of health care services.
20-5 Sec. 19. a. Registered voters of a defined territory that
20-6 is not included in the Hospital District may file a petition with
20-7 the Board of Managers requesting the inclusion of the territory in
20-8 the district. The petition must be signed by at least 50
20-9 registered voters of the territory, or a majority of those voters,
20-10 whichever is less.
20-11 b. The Board of Managers by order shall set a time and place
20-12 to hold a hearing on the petition to include the territory in the
20-13 Hospital District. The Board shall set a date for the hearing that
20-14 is at least 30 days after the date on which the Board issues the
20-15 order. The Board of Managers shall notify the governing body of
20-16 the City of Amarillo of the hearing.
20-17 c. If, after the hearing, the Board of Managers and the
20-18 governing body of the City of Amarillo find that annexation of the
20-19 territory to the Hospital District would benefit the District, the
20-20 Board of Managers and the governing body of the City of Amarillo
20-21 may approve the annexation by a resolution entered in their
20-22 minutes. The Board of Managers and the governing body of the City
20-23 of Amarillo are not required to include all of the territory
20-24 described in the petition if the Board of Managers and the
20-25 governing body of the City of Amarillo find that including only a
20-26 portion of the territory is necessary or desirable.
20-27 d. Annexation of territory is final when approved by a
21-1 majority of voters at an election held in the Hospital District and
21-2 by a majority of the voters at a separate election held in the
21-3 territory to be annexed. If the district has outstanding debts or
21-4 taxes, the voters in the election to approve the annexation must
21-5 also determine if the annexed territory will assume its proportion
21-6 of the debts or taxes if added to the district.
21-7 e. The election ballots shall be printed to provide for
21-8 voting for or against the following, as applicable:
21-9 (1) "Adding (description of territory to be annexed)
21-10 to the City of Amarillo Hospital District."
21-11 (2) "(Description of territory to be annexed) assuming
21-12 its proportionate share of the outstanding debts and taxes of the
21-13 City of Amarillo Hospital District, if it is added to the
21-14 district."
21-15 f. The election shall be held not less than 45 days nor more
21-16 than 60 days after the date on which the election is ordered.
21-17 g. The election order must state:
21-18 (1) the nature of the election, including the
21-19 proposition that is to appear on the ballot;
21-20 (2) the date of the election;
21-21 (3) the hours during which the polls will be open; and
21-22 (4) the location of the polling places.
21-23 h. The governing body of the City of Amarillo shall give
21-24 notice of the election by publishing once a week for two
21-25 consecutive weeks a substantial copy of the election order in a
21-26 newspaper with general circulation in the Hospital District and in
21-27 the territory proposed to be added to the District. The first
22-1 publication must appear at least 35 days before the date of the
22-2 election.
22-3 i. The election may be called by the governing body of the
22-4 City of Amarillo on its own motion.
22-5 j. The governing body of the City of Amarillo shall call the
22-6 election if requested to do so by the Board of Managers.
22-7 k. The election shall be conducted by the persons
22-8 responsible for conducting citywide elections in Amarillo. The
22-9 Hospital District shall pay the City of Amarillo for the cost of an
22-10 election held under this section and shall make provision for the
22-11 payment before the governing body of the City of Amarillo is
22-12 required to order the election under Subsection j of this section.
22-13 l. The Election Code governs an election held under this
22-14 section, except that Section 41.001(a), Election Code, does not
22-15 apply.
22-16 Sec. 20. Since the Hospital District is a public entity
22-17 performing an essential public function, bonds issued by the
22-18 district, any transaction relating to the bonds, and profits made
22-19 in the sale of the bonds are free from taxation by the state or by
22-20 any city, county, special district, or other political subdivision
22-21 of the state.
22-22 Sec. 21. The Board of Managers may, on behalf of the
22-23 Hospital District, borrow money from a federally insured lending
22-24 institution and make other financial arrangements to pay the
22-25 operating expenses and to meet the other lawfully authorized
22-26 obligations of the District. The Board of Managers may borrow
22-27 money in the amount it considers advisable subject to a rate of
23-1 interest and other terms and conditions it considers advisable. To
23-2 secure a loan, the Board may pledge revenues of the District or
23-3 property acquired with the borrowed money that are not pledged to
23-4 pay a bonded indebtedness of the District. If revenues of the
23-5 District are pledged to pay the loan, the loan shall mature not
23-6 later than the fifth anniversary after the date on which the loan
23-7 is made.
23-8 SECTION 15. The importance of this legislation and the
23-9 crowded condition of the calendars in both houses create an
23-10 emergency and an imperative public necessity that the
23-11 constitutional rule requiring bills to be read on three several
23-12 days in each house be suspended, and this rule is hereby suspended,
23-13 and that this Act take effect and be in force from and after its
23-14 passage, and it is so enacted.