BILL ANALYSIS
H.B. 2873
By: Johnson (Nixon)
Intergovernmental Relations
5-22-95
Senate Committee Report (Unamended)
BACKGROUND
The Nacogdoches County Hospital District was created by a special
act of the 60th Legislature, Regular Session, 1967, under Article
9, Section 9, Texas Constitution. After passage of the act,
changes in the federal constitutional law rendered sections of the
act invalid. In addition, the act has been judicially altered by
judgment of the U.S. District Court of the Eastern District of
Texas. Inflation has limited the district's ability to efficiently
purchase equipment.
PURPOSE
As proposed, H.B. 2873 amends and sets forth provisions relating to
the Nacogdoches County Hospital District.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the board of directors of the Nacogdoches County Hospital
District under SECTION 7 (Sec. 16B, Chapter 431, Acts of the 60th
Legislature, Regular Session, 1967) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 3, Chapter 431, Acts of the 60th
Legislature, Regular Session, 1967, to delete references to
property taxpaying electors as it relates to the creation of the
Nacogdoches County Hospital District (district) and imposition of
a tax as authorized and approved by qualified voters of the area of
the proposed district. Makes conforming changes.
SECTION 2. Amends Section 4, Chapter 431, Acts of the 60th
Legislature, Regular Session, 1967, to provide that one director is
elected from each commissioner precinct, three directors are
elected at large, and that directors serve staggered two-year
terms. Sets forth the eligibility requirements to be a candidate
for or to serve as a director. Prohibits an employee of the
district from serving as director. Sets forth the composition of
the board. Requires a regular election to be held on the first
Saturday in May, rather than April, of each year and the
appropriate number of successor directors to be elected. Requires
a petition to be a candidate to specify the commissioner precinct
a person wants to represent or that the person wants to represent
the district at large. Deletes provisions relating to the election
of an initial board of directors. Deletes a requirement that a
board member must own land subject to taxation within the hospital
district. Makes conforming changes.
SECTION 3. Amends Section 6, Chapter 431, Acts of the 60th
Legislature, Regular Session, 1967, to make a conforming change.
SECTION 4. Amends Section 7, Chapter 431, Acts of the 60th
Legislature, Regular Session, 1967, to make conforming changes.
SECTION 5. Amends Section 10, Chapter 431, Acts of the 60th
Legislature, Regular Session, 1967, to authorize all contracts for
construction or purchases involving the expenditure of more than
$10,000, rather than $2,000, to be made only after advertising in
the manner provided by Chapter 271B, Local Government Code, rather
than Article 2368a V.T.C.S.
SECTION 6. Amends Section 15(b), Chapter 431, Acts of the 60th
Legislature, Regular Session, 1967, to require all the provisions
of the Tax Code, rather than Title 122, Revised Civil Statutes of
Texas, 1925, to apply to the district, except as in this law
provided to the contrary. Makes a conforming change.
SECTION 7. Amends Chapter 431, Acts of the 60th Legislature,
Regular Session, 1967, by adding Sections 16A-16E, as follows:
Sec. 16A. Authorizes the board to provide retirement benefits
for employees of the district by establishing or administering
a retirement program or electing to participate in the Texas
County and District Retirement System or in any other
statewide retirement system in which the district is eligible
to participate.
Sec. 16B. Authorizes the board to adopt rules governing the
operation of the hospital and hospital system and the duties,
functions, and responsibilities of district staff and
employees.
Sec. 16C. Authorizes the board to contract with certain
federal, state, and local government entities for the district
to furnish a mobile emergency medical service, provide for the
investigatory or welfare needs of inhabitants of the district,
or provide a rural health clinic.
Sec. 16D. (a) Authorizes registered voters of a defined
territory that is not included in a district to file a
petition with the secretary of the board requesting the
inclusion of the territory in the district. Requires the
petition to be signed by a least 50 registered voters of the
territory or a majority of those voters, whichever is less.
(b) Requires the board, by order, to set a time, place, and
date to hold a hearing on the petition to include the
territory in the district. Requires the board to set a date
for the hearing 30 days after the board issues the order.
(c) Authorizes the board to approve annexation by a
resolution entered in its minutes if after the hearing the
board finds that annexation of the territory into the
district would be feasible and would benefit the district.
Provides that the board is not required to include all of
the territory described in the petition if the board finds
that a modification or change is necessary or desirable.
(d) Provides that annexation of territory is final when
approved by a majority of the voters at an election held in
the district and by a majority of the voters at a separate
election held in the territory to be annexed. Requires the
voters in the election to approve annexation to also
determine if the annexed territory will assume its
proportion of the debts or taxes if added to the district,
if the district has outstanding debts or taxes.
(e) Sets forth the required language for a ballot.
(f) Requires the election to be held within a certain
period after the date the election is ordered. Requires the
election to be ordered and notice of the election to be
given in the same manner as provided by Section 3 for
ordering and giving notice of an election authorizing
creation of the district. Provides that Section 41.001(a),
Election Code, does not apply to an election held under this
section.
Sec. 16E. (a) Requires the board to require reimbursement
from a county, municipality, or public hospital located
outside the boundaries of the district for the district's care
and treatment of a sick, diseased, or injured person of that
county, municipality, or public hospital as provided by
Chapter 61, Health and Safety Code.
(b) Requires the board to require reimbursement from the
sheriff or police chief of a county or municipality for the
district's care and treatment of a person confined in a jail
facility of the county or municipality who is not a resident
of the district.
(c) Authorizes the board to contract with the state or
federal government for the state or federal government to
reimburse the district for treatment of a sick, diseased, or
injured person.
SECTION 8. Emergency clause.
Effective date: upon passage.