1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 1651
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 2, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 17, 1995, reported favorably, as
1-5 amended, by the following vote: Yeas 9, Nays 0; May 17, 1995, sent
1-6 to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Patterson
1-8 Amend H.B. No. 1651 on page 7, line 16, by striking "the
1-9 municipality of Lipscomb" and substituting "Lipscomb County".
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the expansion of the Higgins Hospital District of
1-13 Lipscomb County to include the territory included in the Lipscomb
1-14 Hospital District of Lipscomb County and to the name of the
1-15 expanded district.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Chapter 667, Acts of the 64th Legislature, 1975,
1-18 is amended by adding Section 16A to read as follows:
1-19 Sec. 16A. (a) The district may be dissolved as provided by
1-20 this section.
1-21 (b) The board of directors may order an election on the
1-22 question of the dissolution of the district, addition of the
1-23 territory within the district to the Higgins Hospital District of
1-24 Lipscomb County, transfer of the district's assets and obligations
1-25 to the Higgins Hospital District of Lipscomb County, and assumption
1-26 by the territory within the district of a proportionate share of
1-27 Higgins Hospital District of Lipscomb County's outstanding debts.
1-28 The board of directors shall order an election if:
1-29 (1) the board of directors of the Higgins Hospital
1-30 District of Lipscomb County orders a separate expansion election
1-31 under Section 4A, Chapter 666, Acts of the 64th Legislature, 1975;
1-32 or
1-33 (2) the board of directors receives a petition
1-34 requesting a dissolution and expansion election that is signed by
1-35 at least 25 registered voters in the district.
1-36 (c) If the board of directors orders an election under this
1-37 section, it shall promptly notify the board of directors of the
1-38 Higgins Hospital District of Lipscomb County of the election order.
1-39 (d) Except as provided by Subsection (e) of this section,
1-40 the election shall be held in accordance with the applicable
1-41 provisions of the Election Code.
1-42 (e) The election shall be held not less than 45 or more than
1-43 60 days after the date on which the election is ordered and shall
1-44 be held on the same date that the separate election in the Higgins
1-45 Hospital District of Lipscomb County is held. The board of
1-46 directors shall cooperate with the board of directors of the
1-47 Higgins Hospital District of Lipscomb County in setting the date of
1-48 the elections. Section 41.001(a), Election Code, does not apply to
1-49 an election ordered under this section.
1-50 (f) The ballot for the election shall be printed to permit
1-51 voting for or against the proposition: "The dissolution of the
1-52 Lipscomb Hospital District of Lipscomb County, addition of the
1-53 territory within the boundaries of the district to the Higgins
1-54 Hospital District of Lipscomb County, transfer of the existing
1-55 Lipscomb Hospital District of Lipscomb County's assets and
1-56 obligations to the Higgins Hospital District of Lipscomb County,
1-57 and assumption by the territory within the boundaries of the
1-58 district of a proportionate share of the Higgins Hospital District
1-59 of Lipscomb County's outstanding obligations."
1-60 (g) The district is dissolved if:
1-61 (1) a majority of the voters in the district voting in
1-62 the election held under this section favor the proposition; and
1-63 (2) a majority of the voters in the Higgins Hospital
1-64 District of Lipscomb County voting in an election held on the same
1-65 date under Section 4A, Chapter 666, Acts of the 64th Legislature,
1-66 1975, favor the expansion of the Higgins Hospital District of
1-67 Lipscomb County to include the territory within the boundaries of
1-68 the Lipscomb Hospital District of Lipscomb County and the
2-1 assumption of the assets and obligations of the Lipscomb Hospital
2-2 District of Lipscomb County.
2-3 (h) The district is not dissolved and the board of directors
2-4 shall continue to administer the district if a majority of the
2-5 voters in either district do not favor the proposition on which
2-6 they voted.
2-7 (i) If the district is dissolved under this section, the
2-8 board of directors shall transfer the land, buildings,
2-9 improvements, and other assets and obligations of the district,
2-10 including the hospital, to the Higgins Hospital District of
2-11 Lipscomb County.
2-12 (j) The board of directors may not order another election on
2-13 the question of dissolution before the first anniversary of the
2-14 date of the most recent election at which voters of either district
2-15 disapproved the proposition on which they voted.
2-16 SECTION 2. Section 1, Chapter 666, Acts of the 64th
2-17 Legislature, 1975, is amended to read as follows:
2-18 Sec. 1. Pursuant to the provisions of Article IX, Section 9,
2-19 of the Texas Constitution, this Act authorizes the creation,
2-20 establishment, maintenance, operation, and financing of the Higgins
2-21 Hospital District of Lipscomb County, the boundaries of which are
2-22 described as follows, unless expansion of the district is
2-23 authorized under Sections 4A, 4B, and 4C of this Act:
2-24 "Beginning at the Southeast corner of Lipscomb County on the
2-25 State Boundary Line between Texas and Oklahoma;
2-26 Thence West along the South line of Lipscomb County about
2-27 12.5 miles to the West line of Section 77, Block 43, H&TC RR Co.
2-28 Surveys;
2-29 Thence North along the West line of Sections 77, 100, 165,
2-30 188, 253, 276, 341, 364 and 429 in said Block 43, about 9 miles, to
2-31 the Northwest corner of said Section 429;
2-32 Thence East along the North line of said Section 429, about
2-33 one mile, to the Northeast corner of said Section 429 which is also
2-34 the Southwest corner of Section 451 in said Block 43;
2-35 Thence North along the West line of Sections 451, 518, 539,
2-36 606, 627 and 694 in said Block 43, about 6 miles, to the Northwest
2-37 corner of said Section 694;
2-38 Thence East along the North line of Sections 694, 695, 696,
2-39 697, 698, 699, 700, 701, 702, 703 and 704 and an extension of said
2-40 line, about 11.5 miles, to its intersection with the East line of
2-41 Lipscomb County which is also the State Boundary Line between Texas
2-42 and Oklahoma;
2-43 Thence South along said East line of Lipscomb County and said
2-44 State Boundary Line, about 15 miles, to PLACE OF BEGINNING."
2-45 SECTION 3. Chapter 666, Acts of the 64th Legislature, 1975,
2-46 is amended by adding Section 1A to read as follows:
2-47 Sec. 1A. (a) If the district is expanded under Section 4A
2-48 of this Act, the name of the district is changed to the
2-49 Higgins-Lipscomb Hospital District.
2-50 (b) If the name of the district is changed under Subsection
2-51 (a) of this section, a reference in this Act or in any law to the
2-52 Higgins Hospital District of Lipscomb County means the
2-53 Higgins-Lipscomb Hospital District.
2-54 SECTION 4. Chapter 666, Acts of the 64th Legislature, 1975,
2-55 is amended by adding Sections 4A, 4B, and 4C to read as follows:
2-56 Sec. 4A. (a) The district may be expanded to include the
2-57 territory within the boundaries of the Lipscomb Hospital District
2-58 of Lipscomb County as provided by this section.
2-59 (b) The board of directors may order an election on the
2-60 question of expanding the district and assuming the assets and
2-61 obligations of the Lipscomb Hospital District of Lipscomb County.
2-62 The board of directors shall order an election if:
2-63 (1) a separate dissolution and expansion election is
2-64 ordered by the board of directors of the Lipscomb Hospital District
2-65 of Lipscomb County under Section 16A, Chapter 667, Acts of the 64th
2-66 Legislature, 1975; or
2-67 (2) the board of directors receives a petition
2-68 requesting an expansion election signed by 25 registered voters in
2-69 the district.
2-70 (c) If the board of directors orders an election under this
3-1 section, it shall promptly notify the board of directors of the
3-2 Lipscomb Hospital District of Lipscomb County of the election
3-3 order.
3-4 (d) Except as provided by Subsection (f) of this section,
3-5 the election shall be held in accordance with the applicable
3-6 provisions of the Election Code.
3-7 (e) The board of directors may not order another election on
3-8 the question of expansion before the first anniversary of the date
3-9 of the most recent election at which voters of either district
3-10 disapproved the proposition on which they voted.
3-11 (f) The election shall be held not less than 45 or more than
3-12 60 days after the date on which the election is ordered and shall
3-13 be held on the same date that the separate election in the Lipscomb
3-14 Hospital District of Lipscomb County is held. The board of
3-15 directors shall cooperate with the board of directors of the
3-16 Lipscomb Hospital District of Lipscomb County in setting the date
3-17 of the elections. Section 41.001(a), Election Code, does not apply
3-18 to an election ordered under this section.
3-19 (g) The ballot for the election shall be printed to permit
3-20 voting for or against the proposition: "The expansion of the
3-21 Higgins Hospital District of Lipscomb County to include the
3-22 territory within the boundaries of the Lipscomb Hospital District
3-23 of Lipscomb County and the assumption of the assets and obligations
3-24 of the Lipscomb Hospital District of Lipscomb County."
3-25 (h) The district is expanded to include the territory within
3-26 the boundaries of the Lipscomb Hospital District of Lipscomb County
3-27 and a temporary board of directors shall be appointed under Section
3-28 4B of this Act if:
3-29 (1) a majority of the voters in the district voting in
3-30 the election held under this section favor the proposition; and
3-31 (2) a majority of the voters in the Lipscomb Hospital
3-32 District of Lipscomb County voting in an election held on the same
3-33 date under Section 16A, Chapter 667, Acts of the 64th Legislature,
3-34 1975, favor the dissolution of the Lipscomb Hospital District of
3-35 Lipscomb County, addition of the territory within the Lipscomb
3-36 Hospital District of Lipscomb County to the Higgins Hospital
3-37 District of Lipscomb County, transfer of the existing Lipscomb
3-38 Hospital District of Lipscomb County's assets and obligations to
3-39 the Higgins Hospital District of Lipscomb County, and assumption of
3-40 a proportionate share of the outstanding obligations of the Higgins
3-41 Hospital District of Lipscomb County by the territory within the
3-42 boundaries of the Lipscomb Hospital District of Lipscomb County.
3-43 (i) The district is not expanded if a majority of the voters
3-44 in either district do not favor the proposition on which they
3-45 voted.
3-46 Sec. 4B. (a) If the district is expanded under Section 4A
3-47 of this Act, the governing body of the municipality of Lipscomb
3-48 shall appoint three persons to serve as temporary directors and the
3-49 governing body of the municipality of Higgins shall appoint three
3-50 persons to serve as temporary directors of the expanded district.
3-51 The terms of the directors serving preceding the appointment expire
3-52 when the temporary directors qualify for office.
3-53 (b) A vacancy on the temporary board of directors shall be
3-54 filled in the same manner as the original appointment.
3-55 (c) The temporary board of directors shall serve as the
3-56 directors of the district until elected directors take office.
3-57 Sec. 4C. (a) If the district is expanded under Section 4A
3-58 of this Act, directors shall be elected at an election to be held
3-59 on May 1, 1997.
3-60 (b) The temporary board of directors may postpone the
3-61 election date for one year or until a subsequent uniform election
3-62 date if the temporary board of directors determines that there is
3-63 not sufficient time to comply with the requirements of law.
3-64 (c) At the initial election of the board of directors
3-65 following expansion of the district, members of the board of
3-66 directors shall be elected at large on a single ballot, with the
3-67 six candidates receiving the highest number of votes being elected
3-68 as a director. If two or more persons tie for the sixth-highest
3-69 vote, those persons shall draw lots to determine which person is
3-70 elected.
4-1 (d) The directors elected at the initial election of
4-2 directors following expansion of the district shall draw lots to
4-3 determine which three directors shall serve one-year terms and
4-4 which three directors shall serve two-year terms.
4-5 (e) After the initial election of directors following
4-6 expansion, an election shall be held each year on the first
4-7 Saturday in May or on the uniform election date prescribed by the
4-8 temporary board of directors, and the appropriate number of
4-9 successor directors shall be elected for two-year terms. If two or
4-10 more persons tie for the third-highest vote, those persons shall
4-11 draw lots to determine which person is elected.
4-12 (f) The term of a member of the board of directors begins on
4-13 the first day of June following the member's election.
4-14 SECTION 5. This Act takes effect September 1, 1995.
4-15 SECTION 6. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.
4-20 * * * * *