1-1  By:  Zaffirini                                         S.B. No. 934
    1-2        (In the Senate - Filed March 6, 1995; March 7, 1995, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; March 30, 1995, reported favorably by the following
    1-5  vote:  Yeas 9, Nays 0; March 30, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the administration, powers, duties, and operation of
    1-9  the Starr County Hospital District of Starr County, Texas.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 2, Chapter 118, Acts of the 63rd
   1-12  Legislature, Regular Session, 1973, is amended to read as follows:
   1-13        Sec. 2.  The district hereby authorized to be created shall
   1-14  provide for the establishment of a hospital or hospital system
   1-15  within its boundaries to furnish medical and hospital care and
   1-16  treatment and related services to persons residing in the district
   1-17  by the purchase, construction, acquisition, repair, or renovation
   1-18  of buildings, facilities, and improvements and the equipping of
   1-19  same for hospital purposes and the operation, maintenance, and
   1-20  administration thereof for hospital purposes.  The district by and
   1-21  through its board of trustees has full authority to operate
   1-22  hospital facilities and shall provide medical and hospital care for
   1-23  the needy inhabitants of the district.  The district may operate or
   1-24  provide for the operation of a mobile emergency medical or air
   1-25  ambulance service and may operate or provide for home-health
   1-26  services, long-term care, skilled nursing care, intermediate
   1-27  nursing care, hospice care, or any other reasonable or appropriate
   1-28  medical care or medical service.  It is hereby found and determined
   1-29  that there is no hospital or hospital system or facilities of any
   1-30  nature presently owned by Starr County or by any city or town
   1-31  within the boundaries of this district, and that there has not been
   1-32  any hospital authority created by Starr County nor by any city or
   1-33  town within the boundaries of this district.
   1-34        SECTION 2.  Section 4, Chapter 118, Acts of the 63rd
   1-35  Legislature, Regular Session, 1973, is amended by adding
   1-36  Subsections (i) and (j) to read as follows:
   1-37        (i)  The board of trustees may use district funds, enter into
   1-38  agreements, and take other necessary action to recruit or otherwise
   1-39  obtain physicians and other personnel for the district's medical
   1-40  staff or for employment with the district, including:
   1-41              (1)  advertising and marketing;
   1-42              (2)  paying recruitment expenses;
   1-43              (3)  paying travel and relocation expenses;
   1-44              (4)  providing guarantees, subsidies, loans, and
   1-45  scholarships;
   1-46              (5)  sharing personnel; and
   1-47              (6)  authorizing a physician to use space in district
   1-48  facilities or providing a rent subsidy to a physician.
   1-49        (j)  The board of trustees may use district funds, enter into
   1-50  agreements, and take other necessary action to conduct, participate
   1-51  in, or assist health care education programs for the public and for
   1-52  current or potential medical staff members or employees.
   1-53        SECTION 3.  Section 5, Chapter 118, Acts of the 63rd
   1-54  Legislature, Regular Session, 1973, is amended to read as follows:
   1-55        Sec. 5.  (a)  The board of trustees shall manage, control,
   1-56  and administer the hospital and hospital system of the district,
   1-57  and carry out the functions of the district.  The board of trustees
   1-58  of the district shall have the power and authority to promulgate
   1-59  rules and regulations for the operation of the district.
   1-60        (b)  The board of trustees may appoint a qualified person to
   1-61  be known as the administrator of the hospital district and may in
   1-62  its discretion appoint an assistant to the administrator.  Such
   1-63  administrator, and assistant administrator, if any, shall serve at
   1-64  the will of the board and shall receive compensation as may be
   1-65  fixed by the board.  The administrator, and assistant
   1-66  administrator, if any, shall each, upon assuming his duties,
   1-67  execute a bond payable to the district in an amount to be set by
   1-68  the board of trustees conditioned that he shall perform the duties
    2-1  required of him and containing such other conditions as the board
    2-2  may require.  The administrator shall supervise all the work and
    2-3  activities of the district and shall have general direction of the
    2-4  affairs of the district subject to such limitations as may be
    2-5  prescribed by the board.
    2-6        (c)  The board of trustees shall have the authority to
    2-7  appoint such doctors to its medical staff and employ such
    2-8  technicians, nurses, and other employees of every kind and
    2-9  character as may be deemed necessary for the efficient operation of
   2-10  the district or may provide that the administrator shall have the
   2-11  authority to employ such persons.  The board of trustees may make
   2-12  temporary appointments as it considers necessary.  The board of
   2-13  trustees may remove from the medical staff, after due process, any
   2-14  doctor as necessary for the efficient operation of the district.
   2-15        (d)  The board shall be authorized to contract with the State
   2-16  of Texas and the federal government or any branch, arm, department,
   2-17  or agency thereof, for treatment of sick, diseased, or injured
   2-18  persons for whom the State of Texas or the federal government is
   2-19  responsible.
   2-20        (e)  The board of trustees may provide retirement benefits
   2-21  for employees of the district by establishing or administering a
   2-22  retirement program or by electing to participate in the Texas
   2-23  County and District Retirement System or in any other statewide
   2-24  retirement system in which the district is eligible to participate
   2-25  <is also authorized to enter into such contracts or agreements with
   2-26  the State of Texas or the federal government or any branch, arm,
   2-27  department, or agency thereof, as may be required to establish or
   2-28  continue a retirement program for the benefit of the district's
   2-29  employees>.
   2-30        (f)  The board of trustees shall have the power to prescribe
   2-31  the method and manner of making purchases and expenditures by and
   2-32  for the district and also shall be authorized to prescribe all
   2-33  accounting and control procedures.
   2-34        (g)  The board shall cause an annual audit to be made of the
   2-35  books and records of the district as soon as practicable after the
   2-36  close of each fiscal year, such audit to cover such fiscal year,
   2-37  and to be made by an independent public accountant.  Once each
   2-38  year, as soon as practicable after the close of the fiscal year,
   2-39  the administrator shall report to the board of trustees a full
   2-40  sworn statement of all moneys and choses in action received by such
   2-41  administrator and how disbursed or otherwise disposed of.  Such
   2-42  report shall show in detail the operations of the district for the
   2-43  year.  The board of trustees shall prepare a budget
   2-44  showing:  (1)  the proposed expenditures and disbursements;
   2-45  (2)  the estimated receipts and collections for the next fiscal
   2-46  year; and (3)  the amount of taxes required to be levied and
   2-47  collected during the next fiscal year to meet the proposed budget.
   2-48  The board shall hold a public hearing on the proposed budget after
   2-49  publication of notice in a newspaper of general circulation in the
   2-50  district.  The notice must be given at least once not less than 10
   2-51  days prior to the hearing.  Any person who is a resident of the
   2-52  district is entitled to appear at the hearing and be heard with
   2-53  reference to any item in the proposed budget.  The fiscal year of
   2-54  the hospital district shall be from October 1 of each year to
   2-55  September 30 of the following year.
   2-56        (h)  The board of trustees may contract with an individual, a
   2-57  public or private entity, or a foreign government to obtain or to
   2-58  supply facilities and services necessary for the efficient
   2-59  operation of the district.
   2-60        (i)  The board of trustees may contract with a municipality,
   2-61  county, special district, public or private hospital, or other
   2-62  political subdivision of the state or a state or federal agency for
   2-63  the district to furnish a mobile emergency medical service or to
   2-64  provide for the investigatory or welfare needs of inhabitants of
   2-65  the district.
   2-66        (j)  The board of trustees shall determine the type, number,
   2-67  and location of buildings required to establish and maintain an
   2-68  adequate hospital system and the type of equipment necessary for
   2-69  hospital care.  The board of trustees may:
   2-70              (1)  acquire property, facilities, and equipment for
    3-1  the district for use in the hospital system;
    3-2              (2)  mortgage or pledge the property, facilities, or
    3-3  equipment acquired as security for the payment of the purchase
    3-4  price;
    3-5              (3)  lease hospital facilities on behalf of the
    3-6  district; and
    3-7              (4)  sell or otherwise dispose of property, facilities,
    3-8  or equipment on behalf of the district.
    3-9        SECTION 4.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended,
   3-14  and that this Act take effect and be in force from and after its
   3-15  passage, and it is so enacted.
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