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.