74R8479 CLG-D By Chisum H.B. No. 1651 Substitute the following for H.B. No. 1651: By Longoria C.S.H.B. No. 1651 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the expansion of the Higgins Hospital District of 1-3 Lipscomb County to include the territory included in the Lipscomb 1-4 Hospital District of Lipscomb County and to the name of the 1-5 expanded district. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Chapter 667, Acts of the 64th Legislature, 1975, 1-8 is amended by adding Section 16A to read as follows: 1-9 Sec. 16A. (a) The district may be dissolved as provided by 1-10 this section. 1-11 (b) The board of directors may order an election on the 1-12 question of the dissolution of the district, addition of the 1-13 territory within the district to the Higgins Hospital District of 1-14 Lipscomb County, transfer of the district's assets and obligations 1-15 to the Higgins Hospital District of Lipscomb County, and assumption 1-16 by the territory within the district of a proportionate share of 1-17 Higgins Hospital District of Lipscomb County's outstanding debts. 1-18 The board of directors shall order an election if: 1-19 (1) the board of directors of the Higgins Hospital 1-20 District of Lipscomb County orders a separate expansion election 1-21 under Section 4A, Chapter 666, Acts of the 64th Legislature, 1975; 1-22 or 1-23 (2) the board of directors receives a petition 1-24 requesting a dissolution and expansion election that is signed by 2-1 at least 25 registered voters in the district. 2-2 (c) If the board of directors orders an election under this 2-3 section, it shall promptly notify the board of directors of the 2-4 Higgins Hospital District of Lipscomb County of the election order. 2-5 (d) Except as provided by Subsection (e) of this section, 2-6 the election shall be held in accordance with the applicable 2-7 provisions of the Election Code. 2-8 (e) The election shall be held not less than 45 or more than 2-9 60 days after the date on which the election is ordered and shall 2-10 be held on the same date that the separate election in the Higgins 2-11 Hospital District of Lipscomb County is held. The board of 2-12 directors shall cooperate with the board of directors of the 2-13 Higgins Hospital District of Lipscomb County in setting the date of 2-14 the elections. Section 41.001(a), Election Code, does not apply to 2-15 an election ordered under this section. 2-16 (f) The ballot for the election shall be printed to permit 2-17 voting for or against the proposition: "The dissolution of the 2-18 Lipscomb Hospital District of Lipscomb County, addition of the 2-19 territory within the boundaries of the district to the Higgins 2-20 Hospital District of Lipscomb County, transfer of the existing 2-21 Lipscomb Hospital District of Lipscomb County's assets and 2-22 obligations to the Higgins Hospital District of Lipscomb County, 2-23 and assumption by the territory within the boundaries of the 2-24 district of a proportionate share of the Higgins Hospital District 2-25 of Lipscomb County's outstanding obligations." 2-26 (g) The district is dissolved if: 2-27 (1) a majority of the voters in the district voting in 3-1 the election held under this section favor the proposition; and 3-2 (2) a majority of the voters in the Higgins Hospital 3-3 District of Lipscomb County voting in an election held on the same 3-4 date under Section 4A, Chapter 666, Acts of the 64th Legislature, 3-5 1975, favor the expansion of the Higgins Hospital District of 3-6 Lipscomb County to include the territory within the boundaries of 3-7 the Lipscomb Hospital District of Lipscomb County and the 3-8 assumption of the assets and obligations of the Lipscomb Hospital 3-9 District of Lipscomb County. 3-10 (h) The district is not dissolved and the board of directors 3-11 shall continue to administer the district if a majority of the 3-12 voters in either district do not favor the proposition on which 3-13 they voted. 3-14 (i) If the district is dissolved under this section, the 3-15 board of directors shall transfer the land, buildings, 3-16 improvements, and other assets and obligations of the district, 3-17 including the hospital, to the Higgins Hospital District of 3-18 Lipscomb County. 3-19 (j) The board of directors may not order another election on 3-20 the question of dissolution before the first anniversary of the 3-21 date of the most recent election at which voters of either district 3-22 disapproved the proposition on which they voted. 3-23 SECTION 2. Section 1, Chapter 666, Acts of the 64th 3-24 Legislature, 1975, is amended to read as follows: 3-25 Sec. 1. Pursuant to the provisions of Article IX, Section 9, 3-26 of the Texas Constitution, this Act authorizes the creation, 3-27 establishment, maintenance, operation, and financing of the Higgins 4-1 Hospital District of Lipscomb County, the boundaries of which are 4-2 described as follows, unless expansion of the district is 4-3 authorized under Sections 4A, 4B, and 4C of this Act: 4-4 "Beginning at the Southeast corner of Lipscomb County on the 4-5 State Boundary Line between Texas and Oklahoma; 4-6 Thence West along the South line of Lipscomb County about 4-7 12.5 miles to the West line of Section 77, Block 43, H&TC RR Co. 4-8 Surveys; 4-9 Thence North along the West line of Sections 77, 100, 165, 4-10 188, 253, 276, 341, 364 and 429 in said Block 43, about 9 miles, to 4-11 the Northwest corner of said Section 429; 4-12 Thence East along the North line of said Section 429, about 4-13 one mile, to the Northeast corner of said Section 429 which is also 4-14 the Southwest corner of Section 451 in said Block 43; 4-15 Thence North along the West line of Sections 451, 518, 539, 4-16 606, 627 and 694 in said Block 43, about 6 miles, to the Northwest 4-17 corner of said Section 694; 4-18 Thence East along the North line of Sections 694, 695, 696, 4-19 697, 698, 699, 700, 701, 702, 703 and 704 and an extension of said 4-20 line, about 11.5 miles, to its intersection with the East line of 4-21 Lipscomb County which is also the State Boundary Line between Texas 4-22 and Oklahoma; 4-23 Thence South along said East line of Lipscomb County and said 4-24 State Boundary Line, about 15 miles, to PLACE OF BEGINNING." 4-25 SECTION 3. Chapter 666, Acts of the 64th Legislature, 1975, 4-26 is amended by adding Section 1A to read as follows: 4-27 Sec. 1A. (a) If the district is expanded under Section 4A 5-1 of this Act, the name of the district is changed to the 5-2 Higgins-Lipscomb Hospital District. 5-3 (b) If the name of the district is changed under Subsection 5-4 (a) of this section, a reference in this Act or in any law to the 5-5 Higgins Hospital District of Lipscomb County means the 5-6 Higgins-Lipscomb Hospital District. 5-7 SECTION 4. Chapter 666, Acts of the 64th Legislature, 1975, 5-8 is amended by adding Sections 4A, 4B, and 4C to read as follows: 5-9 Sec. 4A. (a) The district may be expanded to include the 5-10 territory within the boundaries of the Lipscomb Hospital District 5-11 of Lipscomb County as provided by this section. 5-12 (b) The board of directors may order an election on the 5-13 question of expanding the district and assuming the assets and 5-14 obligations of the Lipscomb Hospital District of Lipscomb County. 5-15 The board of directors shall order an election if: 5-16 (1) a separate dissolution and expansion election is 5-17 ordered by the board of directors of the Lipscomb Hospital District 5-18 of Lipscomb County under Section 16A, Chapter 667, Acts of the 64th 5-19 Legislature, 1975; or 5-20 (2) the board of directors receives a petition 5-21 requesting an expansion election signed by 25 registered voters in 5-22 the district. 5-23 (c) If the board of directors orders an election under this 5-24 section, it shall promptly notify the board of directors of the 5-25 Lipscomb Hospital District of Lipscomb County of the election 5-26 order. 5-27 (d) Except as provided by Subsection (f) of this section, 6-1 the election shall be held in accordance with the applicable 6-2 provisions of the Election Code. 6-3 (e) The board of directors may not order another election on 6-4 the question of expansion before the first anniversary of the date 6-5 of the most recent election at which voters of either district 6-6 disapproved the proposition on which they voted. 6-7 (f) The election shall be held not less than 45 or more than 6-8 60 days after the date on which the election is ordered and shall 6-9 be held on the same date that the separate election in the Lipscomb 6-10 Hospital District of Lipscomb County is held. The board of 6-11 directors shall cooperate with the board of directors of the 6-12 Lipscomb Hospital District of Lipscomb County in setting the date 6-13 of the elections. Section 41.001(a), Election Code, does not apply 6-14 to an election ordered under this section. 6-15 (g) The ballot for the election shall be printed to permit 6-16 voting for or against the proposition: "The expansion of the 6-17 Higgins Hospital District of Lipscomb County to include the 6-18 territory within the boundaries of the Lipscomb Hospital District 6-19 of Lipscomb County and the assumption of the assets and obligations 6-20 of the Lipscomb Hospital District of Lipscomb County." 6-21 (h) The district is expanded to include the territory within 6-22 the boundaries of the Lipscomb Hospital District of Lipscomb County 6-23 and a temporary board of directors shall be appointed under Section 6-24 4B of this Act if: 6-25 (1) a majority of the voters in the district voting in 6-26 the election held under this section favor the proposition; and 6-27 (2) a majority of the voters in the Lipscomb Hospital 7-1 District of Lipscomb County voting in an election held on the same 7-2 date under Section 16A, Chapter 667, Acts of the 64th Legislature, 7-3 1975, favor the dissolution of the Lipscomb Hospital District of 7-4 Lipscomb County, addition of the territory within the Lipscomb 7-5 Hospital District of Lipscomb County to the Higgins Hospital 7-6 District of Lipscomb County, transfer of the existing Lipscomb 7-7 Hospital District of Lipscomb County's assets and obligations to 7-8 the Higgins Hospital District of Lipscomb County, and assumption of 7-9 a proportionate share of the outstanding obligations of the Higgins 7-10 Hospital District of Lipscomb County by the territory within the 7-11 boundaries of the Lipscomb Hospital District of Lipscomb County. 7-12 (i) The district is not expanded if a majority of the voters 7-13 in either district do not favor the proposition on which they 7-14 voted. 7-15 Sec. 4B. (a) If the district is expanded under Section 4A 7-16 of this Act, the governing body of the municipality of Lipscomb 7-17 shall appoint three persons to serve as temporary directors and the 7-18 governing body of the municipality of Higgins shall appoint three 7-19 persons to serve as temporary directors of the expanded district. 7-20 The terms of the directors serving preceding the appointment expire 7-21 when the temporary directors qualify for office. 7-22 (b) A vacancy on the temporary board of directors shall be 7-23 filled in the same manner as the original appointment. 7-24 (c) The temporary board of directors shall serve as the 7-25 directors of the district until elected directors take office. 7-26 Sec. 4C. (a) If the district is expanded under Section 4A 7-27 of this Act, directors shall be elected at an election to be held 8-1 on May 1, 1997. 8-2 (b) The temporary board of directors may postpone the 8-3 election date for one year or until a subsequent uniform election 8-4 date if the temporary board of directors determines that there is 8-5 not sufficient time to comply with the requirements of law. 8-6 (c) At the initial election of the board of directors 8-7 following expansion of the district, members of the board of 8-8 directors shall be elected at large on a single ballot, with the 8-9 six candidates receiving the highest number of votes being elected 8-10 as a director. If two or more persons tie for the sixth-highest 8-11 vote, those persons shall draw lots to determine which person is 8-12 elected. 8-13 (d) The directors elected at the initial election of 8-14 directors following expansion of the district shall draw lots to 8-15 determine which three directors shall serve one-year terms and 8-16 which three directors shall serve two-year terms. 8-17 (e) After the initial election of directors following 8-18 expansion, an election shall be held each year on the first 8-19 Saturday in May or on the uniform election date prescribed by the 8-20 temporary board of directors, and the appropriate number of 8-21 successor directors shall be elected for two-year terms. If two or 8-22 more persons tie for the third-highest vote, those persons shall 8-23 draw lots to determine which person is elected. 8-24 (f) The term of a member of the board of directors begins on 8-25 the first day of June following the member's election. 8-26 SECTION 5. This Act takes effect September 1, 1995. 8-27 SECTION 6. The importance of this legislation and the 9-1 crowded condition of the calendars in both houses create an 9-2 emergency and an imperative public necessity that the 9-3 constitutional rule requiring bills to be read on three several 9-4 days in each house be suspended, and this rule is hereby suspended.