1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 3134
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 25, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 3, 1995, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 3, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the operation of the Hutchinson County Hospital
1-9 District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 4.03(d), Chapter 77, Acts of the 71st
1-12 Legislature, Regular Session, 1989, is amended to read as follows:
1-13 (d) After the initial election of directors, an election
1-14 shall be held on the first Saturday in May each year and the
1-15 appropriate number of successor directors shall be elected for
1-16 staggered three-year <two-year> terms, with as near as possible to
1-17 one-third of the elected members' terms expiring each year. The
1-18 commissioners court shall annually within 10 days of the date that
1-19 elected directors are elected appoint the appropriate number of
1-20 directors to serve staggered three-year terms. The commissioners
1-21 court may not appoint a person to serve more than two successive
1-22 terms.
1-23 SECTION 2. Chapter 77, Acts of the 71st Legislature, Regular
1-24 Session, 1989, is amended by adding Sections 5.16, 5.17, and 5.18
1-25 to read as follows:
1-26 Sec. 5.16. LIABILITY COVERAGE; INDEMNIFICATION. (a) The
1-27 board may purchase and maintain liability insurance coverage for an
1-28 officer, director, board appointee, member of the medical staff, or
1-29 district employee to protect the person from liability that arises
1-30 from performing a duty in the person's capacity as an officer or
1-31 employee of the district or member of the medical staff.
1-32 (b) The board may agree to defend or indemnify an officer,
1-33 director, board appointee, member of the medical staff, or district
1-34 employee with regard to a claim, cost, expense, or liability
1-35 incurred as a result of performing a duty in the person's capacity
1-36 as an officer or employee of the district or member of the medical
1-37 staff. The board may establish a self-insurance program to fund an
1-38 indemnity obligation under this subsection.
1-39 Sec. 5.17. EXPENDITURES FOR RECRUITING AND CONDUCTING
1-40 EDUCATION PROGRAMS. (a) The board may spend district funds, enter
1-41 into agreements, and take other necessary action to recruit
1-42 physicians and other persons to serve on the district's medical
1-43 staff or to be employed by the district, including:
1-44 (1) advertising and marketing;
1-45 (2) paying travel, recruiting, and relocation
1-46 expenses;
1-47 (3) providing a loan or scholarship to a physician or
1-48 other person currently enrolled in health care education courses at
1-49 an institution of higher education who contractually agrees to
1-50 become a district employee or a member of the medical staff; and
1-51 (4) providing offices without the payment of rent or
1-52 by otherwise subsidizing the cost of office space or other
1-53 facilities for a health care professional, including a physician.
1-54 (b) The board may spend district funds, enter into
1-55 agreements, and take other necessary action to conduct, participate
1-56 in, or otherwise assist in providing health care educational
1-57 programs for current or prospective staff members or employees.
1-58 Sec. 5.18. BORROWING FUNDS. The board may borrow money to
1-59 pay the district's operating expenses in an amount not to exceed
1-60 the amount of tax or other revenue the district expects to receive
1-61 during the fiscal year in which the money is borrowed. The
1-62 district may pledge all or part of the tax or other revenue
1-63 received during the fiscal year in which the board borrows money
1-64 under this section to repay the indebtedness.
1-65 SECTION 3. (a) This Act takes effect September 1, 1995.
1-66 (b) The election of directors scheduled before the effective
1-67 date of this Act to be held in May 1996 shall be held, and the
1-68 director who receives the highest total number of votes shall be
2-1 elected to serve a three-year term, and the director who receives
2-2 the second highest total number of votes shall be elected to serve
2-3 a two-year term.
2-4 (c) The election of directors scheduled before the effective
2-5 date of this Act to be held in May 1997 shall be held, and the
2-6 director who receives the highest total number of votes shall be
2-7 elected to serve a three-year term, and the director who receives
2-8 the second highest total number of votes shall be elected to serve
2-9 a two-year term.
2-10 (d) The commissioners court of Hutchinson County shall
2-11 stagger the terms of appointed members so that the appointed
2-12 members serve staggered three-year terms. This subsection expires
2-13 December 31, 1997.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
2-19 * * * * *