BILL ANALYSIS
H.B. 1651
By: Chisum (Bivins)
Intergovernmental Relations
05-17-95
Senate Committee Report (Amended)
BACKGROUND
The Lipscomb Hospital Board voted in 1994 to disband and become a
part of the Higgins Hospital District. Lipscomb already uses the
Higgins Hospital District's ambulance and EMT services. Lipscomb
Hospital District only manages some assets and no longer has any
facilities, because Lipscomb uses the Higgins District resources.
PURPOSE
As proposed, H.B. 1651 sets forth provisions relating to the
expansion of the Higgins Hospital District of Lipscomb County to
include the territory included in the Lipscomb Hospital District of
Lipscomb County; names the new expanded district.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 667, Acts of the 64th Legislature, 1975,
by adding Section 16A, as follows:
Sec. 16A. (a) Authorizes the Lipscomb Hospital District of
Lipscomb County (Lipsomb district) to be dissolved as provided
by this section.
(b) Authorizes the board of directors of Lipscomb Hospital
District of Lipscomb County (Lipscomb board) to order an
election on the question of the dissolution of Lipscomb
district, addition of the territory within Lipscomb district
to Higgins Hospital District of Lipscomb County (Higgins
district), transfer of assets and obligations of Lipscomb
district to Higgins district, and assumption of a
proportionate share of Higgins district's outstanding debts.
Requires the Lipscomb board to order an election if the
board of the Higgins Hospital District (Higgins board)
orders an election or if the Lipscomb board receives a
petition requesting a dissolution and expansion election
signed by at least 25 registered voters in Lipscomb
district.
(c) Requires the Lipscomb board to notify the Higgins board
of the election order.
(d) Requires the election to be held in accordance with the
applicable provisions of the Election Code, except as
provided by Subsection (e) of this section.
(e) Requires the election to be held not less than 45 or
more than 60 days after the date on which the election is
ordered and to be held on the same date that the separate
election in the Higgins district is held. Requires the
Lipscomb board to cooperate with the Higgins board in
setting the date of the elections. Provides that Section
41.001(a), Election Code, does not apply to an election
ordered under this section.
(f) Sets forth the required language for the ballot for the
election.
(g) Provides that the Lipscomb district is dissolved if a
majority of the voters in the Lipscomb district favor the
proposition and if the voters of the Higgins district favor
the expansion.
(h) Provides that the Lipscomb district is not dissolved
and the Lipscomb board shall continue to administer the
Lipscomb district if a majority of the voters in either
Lipscomb or Higgins district do not favor the proposition on
which they voted.
(i) Requires the Lipscomb board to transfer the land,
buildings, improvements, and other assets and obligations of
the Lipscomb district to the Higgins district, if the
Lipscomb district is dissolved under this section.
(j) Prohibits the Lipscomb board from ordering another
election on the question of dissolution before the first
anniversary of the date of the most recent election at which
voters of either Lipscomb or Higgins district disapproved
the proposition on which they voted.
SECTION 2. Amends Section 1, Chapter 666, Act of the 64th
Legislature, 1975, as follows:
Sec. 1. Authorizes the creation, establishment, maintenance,
operation, and financing of the Higgins district unless
expansion of the Lipscomb district is authorized under
Sections 4A, 4B, and 4C of this Act.
SECTION 3. Amends Chapter 666, Acts of the 64th Legislature, 1975,
by adding Section 1A, as follows:
Sec. 1A. (a) Provides that the name of the Lipscomb district
is changed to the Higgins-Lipscomb Hospital District if the
Lipscomb district is expanded under Section 4A of this Act.
(b) Provides that a reference in this Act or in any law to
the Higgins district means the Higgins-Lipscomb Hospital
District (expanded district).
SECTION 4. Amends Chapter 666, Acts of the 64th Legislature, 1975,
by adding Sections 4A, 4B, and 4C, as follows:
Sec. 4A. (a) Authorizes the expanded district to be expanded
to include the territory within the boundaries of the Lipscomb
district. Requires the Higgins board to order an election if
a separate dissolution and expansion election is ordered by
the board of the Lipscomb district under Section 16A, Chapter
667, Acts of the 64th Legislature, 1975; or the Higgins board
receives a petition requesting an expansion election signed by
25 registered voters in the Lipscomb district.
(c) Requires the Higgins board to notify the Lipscomb board
of the election order.
(d) Requires the election to be held in accordance with the
applicable provisions of the Election Code, except as
provided by Subsection (f) of this section.
(e) Prohibits the board of directors from ordering another
election on the question of expansion before the first
anniversary of the date of the most recent election at which
voters of either Lipscomb or Higgins district disapproved
the proposition on which they voted.
(f) Requires the election to be held not less than 45 or
more than 60 days after the date on which the election is
ordered and to be held on the same date that the separate
election in the Lipscomb district is held. Requires the
Higgins board to cooperate with the Lipscomb board in
setting the date of the elections. Provides that Section
41.001(a), Election Code, does not apply to an election
ordered under this section.
(g) Sets forth the required language for the ballot for the
election.
(h) Provides that the expanded district is expanded to
include the territory within the boundaries of the Lipscomb
district and a temporary board shall be appointed under
Section 4B of this Act if a majority of the voters in the
Lipscomb district favor the proposition and if the voters of
Lipscomb district favor the dissolution of the Lipscomb
district, addition of the territory, transfer of existing
Lipscomb district's assets and obligations, and assumption
of proportionate share of the outstanding obligations of the
Higgins district by the territory within the boundaries of
the Lipscomb district.
(i) Provides that the Lipscomb district is not expanded if
a majority of the voters in either the Lipscomb or Higgins
district do not favor the proposition on which they voted.
Sec. 4B. (a) Requires the governing body of Lipscomb County
to appoint three persons to serve as temporary directors and
the governing body of the municipality of Higgins to appoint
three persons to serve as temporary directors of the expanded
district. Provides that the terms of the directors serving
preceding the appointment expire when the temporary directors
qualify for office.
(b) Requires a vacancy on the temporary board to be filled
in the same manner as the original appointment.
(c) Requires the temporary board to serve as the directors
of the district until elected directors take office.
Sec. 4C. (a) Requires directors to be elected at an election
to be held on May 1, 1997, if the district is expanded under
Section 4A of this Act.
(b) Authorizes the temporary board to postpone the election
date for one year or until a subsequent uniform election
date if the temporary board determines that there is not
sufficient time to comply with the requirements of law.
(c) Requires members of the board of directors to be
elected at large on a single ballot at the initial election
of the board following expansion of the district, with the
six candidates receiving the highest number of votes being
elected as a director. Requires two or more person who tie
for the sixth-highest vote to draw lots to determine which
person is elected.
(d) Requires the directors elected at the initial election
of directors following expansion of the district to draw
lots to determine which three directors shall serve one-year
terms and which three directors shall serve two-year terms.
(e) Requires an election to be held each year on the first
Saturday in May or on the uniform election date prescribed
by the temporary board, and the appropriate number of
successor directors to be elected for two-year terms, after
the initial election of directors following expansion.
Requires two or more persons who tie for the third-highest
vote to draw lots to determine which person is elected.
(f) Provides that the term of a member of the board begins
on the first day of June following the member's election.
SECTION 5. Effective date: September 1, 1995.
SECTION 6. Emergency clause.