BWH C.S.H.B. 1878 75(R)BILL ANALYSIS COUNTY AFFAIRS C.S.H.B. 1878 By: Chisum 3-12-97 Committee Report (Substituted) BACKGROUND Hospital districts are set up with very specific rules. Those rules must be fine-tuned until the operations of the board and the district are the most efficient for the services provided to a specific area. The enabling legislation for both the Ochiltree, Castro, and Hansford county hospital districts was enacted in a single bill. Therefore, changes to one, two or three districts can be made in a single piece of legislation. Additionally, if the enabling legislation for one district is changed, the legislation for the other two districts must specifically be excluded. In this bill, the Ochiltree County Hospital District Board will have more options in elections, in issuing bonds, in staffing the hospital, in acquisition and upkeep of facilities, in funding and use of funds. Castro County will limit those eligible for election according to residence and age, and will establish the date for its fiscal year. PURPOSE To change existing law to meet the needs of the boards of directors of the Ochiltree and Castro County Hospital Districts. Both boards have requested the changes affecting their respective districts. 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 Chapter 103, Acts of the 57th Legislature, Regular Session, 1961, by amending Sections 3, 4, 6, 8, and 9 and adding Sections 3A, 6A, 6B, 8B, and 14A as follows: Sec. 3 is changed to limit persons elected to the Castro County Hospital District to those who are residents of the county and at least 21 years of age. Prohibits an employee or medical staff member of the Ochiltree County Hospital District from serving as a director of the district. The district may purchase directors' bonds with district funds. A person wishing to be a candidate for a director must file with the secretary no later than 45 days before the date of the election. Makes other conforming changes. Sec. 3A applies to the Ochiltree County Hospital District, making provisions for write-in candidacy, which triggers provisions in The Election Code allowing an unopposed directors name to be left off of the ballot. Sec. 4 allows the board of directors of Ochiltree County Hospital District to defend or indemnify in any instances of liability, claims, or expenses that arise from performance in the capacity as an officer, director, board appointee, medical staff member, or employee of the district. Sec. 6 allows Ochiltree County Hospital District to issue and sell bonds for health care purposes. Sec. 6A makes provisions for selling and reissuing bonds apply to the Ochiltree County Hospital District. Sec. 6B allows the board of Ochiltree County Hospital District to borrow money to pay operating expenses. Sec. 8 allows the board of Ochiltree Co. Hospital District to appoint an administrator serving at the will of the board; allows medical staff and doctors to be employed, appointed, or removed by the board. Sec. 8B applies only to the Ochiltree County Hospital District. The board may determine medical needs for the district and acquire land, construct or lease facilities and contract for services for those facilities. The district may create a non-profit corporation, spend district funds and resources in order to recruit medical staff, and may provide retirement benefits for employees. Sec. 9 establishes the fiscal year for the Ochiltree County and Castro County hospital boards. Sec. 14A The Ochiltree County Hospital District shall seek reimbursement for care of inmates or others for whom the county, municipality, or district is obliged to care. SECTION 2. Emergency clause. Act takes effect upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The C.S.H.B. 1878 differs from H.B. 1878 as follows: SECTION 1. Section 8A is changed to Section 8B, which is consistent with existing law. Page 3, line 12, reference in original bill to Hansford County is changed to Castro County. Section 3A, subsection (d) changes 45th day" to "25th day" in accordance with earlier language in the bill. Because the 45th day before the election is the deadline to get a name printed on the ballot, the 25th day before the election is a suitable for filing a write-in candidacy. Section 3A, subsection (e) is struck and subsection (f) is renamed (e). Section 6B changed to remove some restrictions regarding amount of money that may be borrowed, and the pledge of the taxes for repayment of the loan. Section 8A renamed to 8B, consistent with existing law. Section 9 reference to Hansford County changed to Castro County.