SRC-JRN C.S.H.B. 2348 75(R)   BILL ANALYSIS


Senate Research Center   C.S.H.B. 2348
By: Seaman (Armbrister)
Intergovernmental Relations
5-2-97
Committee Report (Substituted)


DIGEST 

Currently, the Jackson County Hospital District elects members of the
board for two year terms. While the administrator of the hospital lacks
authority to hire physicians, and cannot provide services outside the
boundaries of the district, the district cannot borrow money for its
operations, and it lacks bidding procedures.  This bill establishes
greater flexibility in the operating procedures of the Jackson County
Hospital District. 

PURPOSE

As proposed, C.S.H.B. 2348 establishes greater flexibility in the
operating procedures of the Jackson County Hospital District. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 4(e), Chapter 275, Acts of the 66th
Legislature, Regular Session, 1979, to require a candidate for director of
the Jackson County Hospital District Board (board) to file a request
regarding the printing of the candidate's name on the ballot with the
secretary of the board of directors at least 45, rather than 35, days
before the election. 

SECTION 2. Amends Chapter 275, Acts of the 66th Legislature, Regular
Session, 1979, by amending Sections 5 and 9, and adding Sections 4A, 4B,
and 8A, as follows: 

Sec. 4A.  TERMS.  Authorizes the board, on its own motion, to order that
the members of the board serve staggered three-year or four-year terms.
Provides that the members of the board are to be elected if the first
election that occurs at least 120 days after the date on which an order
under Subsection (a) of this section is entered in an even-numbered year
in a certain manner, if the board orders staggered three-year terms.  Sets
forth the method for elections if the board orders staggered three-year
terms, if the first election that occurs at least 120 days after the date
on which an order under Subsection (a) of this section is entered is an
election in an odd-numbered year meeting certain requirements.  Requires
the members of the board to be elected in accordance with Section 285.081,
Health and Safety Code, if the board orders four-year terms.  Prohibits
the board from changing the terms again, after an initial change under
this section from staggered two-year terms. 

Sec. 4B.  ELECTIONS.  Prohibits a write-in vote from being counted unless
the name written in appears on the list of write-in candidates, in a
general or special election of directors.  Requires a candidate to make a
declaration of write-in candidacy to be entitled to a place on the list of
write-in candidates.  Requires a declaration of write-in candidacy to be
filed with the secretary of the board of directors by 5 p.m. of the 45th
day before election day. Provides that if a candidate whose name is to
appear on the ballot dies or is declared ineligible after the 48th day
before election day, a declaration of write-in candidacy for the office
sought by the deceased or ineligible candidate may be filed by 5 p.m. of
the 42nd day before election day.  Provides that Chapter 146B, Election
Code, applies to write-in voting in an election of directors except to the
extent of a conflict with this section.  Provides that  Chapter 2C,
Election Code, applies to the election of unopposed candidates for the
board of directors. 

Sec. 5. POWERS AND DUTIES.  Authorizes the board to delegate an
administrator to employ certain persons, including doctors.  Authorizes
the district to provide health care services outside the geographic
boundaries of the district provided that the services serve the purposes
of the district. 

Sec. 8A.  INDEBTEDNESS.  Authorizes the district to incur indebtedness or
borrow money on the credit of the district or secured by any source of
revenue, including district taxes to be levied by the district in the next
12-month period, that is not pledged to pay the principal or interest on
district bonds.  Authorizes the district to incur indebtedness or borrow
money in any amount, at an annual rate of interest that does not exceed
the maximum annual percentage rate allowed by law for district obligations
at the time the loan is made, and on other terms and conditions the
district considers advisable. 

Sec. 9. DISTRICT PROPERTY.  Authorizes contracts for construction
involving the expenditure of more than $10,000 to be made only after
advertising in the manner provided by Chapter 271B, Local Government Code.
Deletes a provision requiring contracts to be made after advertising in
Chapter 163, Article 2368a, V.T.C.S.  Requires the provisions of Chapter
2253, Government Code, rather than Article 5160, V.T.C.S., relating to
performance and payment bonds to apply to construction contracts let by
the district.  Prohibits the district from incurring obligations from
certain revenues of the district, except as permitted in certain instances
and Sections 7, 8, and 8A of this Act.  Requires the board to allocate to
the hospital transferred to the district funds not to exceed a certain
amount, subject to Chapter 104, Health and Safety Code, rather than the
Texas Health Planning and Development Act, as amended (Article 4418h,
V.T.C.S.). 

SECTION 3. Emergency clause.
  Effective date:  90 days after adjournment.
 
SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Redesignates proposed SECTION 1 to SECTION 2.  Amends Section 4(e),
Chapter 275, Acts of the 66th Legislature, Regular Session, 1979, to
require a candidate for director to file a request regarding the printing
of the candidate's name on the ballot with the secretary of the board of
directors at least 45, rather than 35, days before the election. 

SECTION 2.

Redesignates text from SECTION 1.  Amends Section 9, Chapter 274, Acts of
the 66th Legislature, Regular Session, 1979, to require the board to
allocate to the hospital transferred to the district funds not to exceed a
certain amount, subject to Chapter 104, Health and Safety Code, rather
than the Texas Health Planning and Development Act, as amended (Article
4418h, V.T.C.S.).  

SECTION 3.

Redesignates emergency clause from SECTION 2.