By Jones of Lubbock H.B. No. 1601
75R6785 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring voter approval for the lease or sale of a
1-3 hospital owned and operated by the Lubbock County Hospital
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 10, Chapter 484, Acts of the 60th
1-7 Legislature, Regular Session, 1967, is amended to read as follows:
1-8 Sec. 10. CUMULATIVE POWERS. Subject to Section 10A of this
1-9 Act, the [The] board of managers, with the approval of the
1-10 commissioners court, shall have the power:
1-11 (a) To construct, condemn and purchase, purchase and
1-12 acquire, lease, add to, maintain, operate, develop and regulate,
1-13 sell, exchange and convey any and all lands, property, property
1-14 rights, equipment, hospital facilities and systems, medical
1-15 facilities or other health facilities for the maintenance of
1-16 hospitals, medical facilities, health facilities, buildings,
1-17 structures, and any and all other facilities and services the
1-18 hospital district may require or may have available to sell, lease
1-19 or exchange;
1-20 (b) To further effectuate such powers, the board of
1-21 managers, with the approval of the commissioners court, may
1-22 cooperate and contract with the United States government, the State
1-23 of Texas, any municipality or other hospital district, or any
1-24 department of those governing bodies, or with any privately owned
2-1 or operated hospital, corporate or otherwise, which privately owned
2-2 or operated hospital is situated in the hospital district;
2-3 provided, in the opinion of the board of managers and of the
2-4 commissioners court, such a contract is deemed expedient and
2-5 advantageous to the hospital district under existing circumstances,
2-6 and be for such fair and reasonable compensation and on such other
2-7 terms and for such length of time as may be deemed to further and
2-8 assist the hospital district in performing its duty to provide
2-9 medical and hospital care to needy inhabitants of the county.
2-10 SECTION 2. Chapter 484, Acts of the 60th Legislature,
2-11 Regular Session, 1967, is amended by adding Section 10A to read as
2-12 follows:
2-13 Sec. 10A. (a) The board of managers by resolution, and with
2-14 the approval of the commissioners court, may order the lease or
2-15 sale of a hospital owned and operated by the hospital district,
2-16 including real property, contingent on voter approval at an
2-17 election called and held for that purpose. The resolution must
2-18 include a finding by the board of managers that the lease or sale
2-19 is in the best interests of the residents of the hospital district.
2-20 As soon as possible after the board of managers adopts the
2-21 resolution, the Commissioners Court of Lubbock County shall order
2-22 an election on the question of leasing or selling the hospital.
2-23 (b) An election ordered under Subsection (a) of this section
2-24 shall be held on the first authorized uniform election date
2-25 prescribed by Subchapter A, Chapter 41, Election Code, that occurs
2-26 after the 45th day after the date the election is ordered.
2-27 (c) The ballot for the election shall be printed to permit
3-1 voting for or against the proposition: "Approving The ______
3-2 (Lease or Sale, as appropriate) of _________ Hospital (insert the
3-3 name of the hospital)."
3-4 (d) The board of managers may lease or sell the hospital
3-5 only if the majority of the votes cast at the election approve the
3-6 lease or sale.
3-7 (e) If the majority of the votes cast at the election do not
3-8 approve the lease or sale of the hospital, another election to
3-9 approve the lease or sale, as appropriate, may not be held before
3-10 the first anniversary of the most recent election on the
3-11 proposition.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.