BWH C.S.H.B. 1601 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 1601
By: Jones, Delwin
4-16-97
Committee Report (Substituted)



BACKGROUND

Currently, the board of managers of the Lubbock County Hospital District,
with the approval of the county commissioners court, can lease or sell the
hospital owned and operated by the hospital district.  Due to a recent
trend of private enterprise making purchases of charitable hospitals, H.B.
1601 requires voter approval through the election process before the sale
or lease of the Lubbock County Hospital District.  

PURPOSE

As introduced, H.B. 1601 requires voter approval before the board of
managers, with the approval of the commissioners court, may order the
lease or sale of the Lubbock County Hospital District. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 10, Chapter 484, Acts of the 60th Legislature,
Regular Session, 1967 by providing for Section 10A of this Act. 

SECTION 2.  Amends Chapter 484, Acts of the 60th Legislature, Regular
Session, 1967 by adding Section 10A: 

 (a)  Provides that the board of managers of the Lubbock County Hospital
District, with  the approval of the county commissioners court, may by
resolution order the lease or sale  of a facility operated by the hospital
district as a teaching hospital contingent upon  voter approval.  The
board of manager's resolution must include a finding that the lease  or
sale is in the best interest of the residents of the hospital district.
After the resolution  is adopted, the Commissioners Court of Lubbock
County shall order an election. 

 (b)  Provides that the election should be held on the first authorized
uniform election date  after the 45th day after the election is ordered. 

 (c)  Provides language for the ballot.

 (d)  Provides that the board of managers may lease or sell the facility
if a majority of the  votes case approve the lease or sale. 

 (e)  If the majority of votes cast do not approve the lease or sale of
the facility, another  election may not be held before the first
anniversary of the most recent election on the  proposition. 

SECTION 3.  Emergency clause; effective immediately.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute amends the original language in Subsection (a) of SECTION 2
whereby it is a "facility"to be used as a teaching hospital on the campus
of Texas Tech University , rather than a "hospital", which can be sold or
leased by the hospital district.  The substitue makes other changes to
conform with the change in Subsection (a).