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.
3-16 * * * * *