1-1 AN ACT
1-2 relating to the operation of the Jackson County Hospital District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4(e), Chapter 275, Acts of the 66th
1-5 Legislature, Regular Session, 1979, is amended to read as follows:
1-6 (e) Except in the case of runoff elections, the board shall
1-7 publish notice of each election of directors in a newspaper or
1-8 newspapers that individually or collectively provide general
1-9 circulation in the district one time at least 30 days before the
1-10 date of the election. A candidate for director shall file with the
1-11 secretary of the board of directors at least 45 [35] days before
1-12 the election a request to have his or her name printed on the
1-13 ballot for the position for which he or she desires to be a
1-14 candidate. The board shall canvass the returns and declare the
1-15 results. A vacancy in office shall be filled for the unexpired
1-16 term by appointment by the remainder of the board of directors.
1-17 SECTION 2. Chapter 275, Acts of the 66th Legislature,
1-18 Regular Session, 1979, is amended by amending Sections 5 and 9 and
1-19 by adding Sections 4A, 4B, and 8A to read as follows:
1-20 Sec. 4A. TERMS. (a) Notwithstanding Section 4 of this Act,
1-21 the board, on its own motion, may order that the members of the
1-22 board serve staggered three-year or four-year terms.
1-23 (b) If the board orders staggered three-year terms, the
2-1 members of the board are to be elected as follows:
2-2 (1) if the first election that occurs at least 120
2-3 days after the date on which an order under Subsection (a) of this
2-4 section is entered is an election in an even-numbered year:
2-5 (A) the four directors elected at that first
2-6 even-numbered year election shall draw lots to determine the three
2-7 directors that serve three-year terms and the director that serves
2-8 a two-year term;
2-9 (B) the at-large director elected at the first
2-10 odd-numbered year election after the order to change the terms
2-11 shall serve a three-year term; and
2-12 (C) the four other directors elected at the
2-13 first odd-numbered year election after the order to change the
2-14 terms shall draw lots to determine which two directors serve
2-15 three-year terms and which two directors serve one-year terms;
2-16 (2) if the first election that occurs at least 120
2-17 days after the date on which an order under Subsection (a) of this
2-18 section is entered is an election in an odd-numbered year:
2-19 (A) the at-large director elected at that first
2-20 odd-numbered year election serves a three-year term;
2-21 (B) the four other directors elected at that
2-22 first odd-numbered year election shall draw lots to determine the
2-23 two directors that serve three-year terms and the two directors
2-24 that serve two-year terms; and
2-25 (C) the four directors elected at the first
3-1 even-numbered year election after the order to change the terms
3-2 shall draw lots to determine which three directors serve three-year
3-3 terms and which director serves a one-year term.
3-4 (c) If the board orders four-year terms, the members of the
3-5 board are to be elected in accordance with Section 285.081, Health
3-6 and Safety Code.
3-7 (d) After an initial change under this section from
3-8 staggered two-year terms, the board may not change the terms again.
3-9 Sec. 4B. ELECTIONS. (a) In a general or special election
3-10 of directors, a write-in vote may not be counted unless the name
3-11 written in appears on the list of write-in candidates.
3-12 (b) To be entitled to a place on the list of write-in
3-13 candidates, a candidate must make a declaration of write-in
3-14 candidacy.
3-15 (c) A declaration of write-in candidacy must be filed with
3-16 the secretary of the board of directors not later than 5 p.m. of
3-17 the 45th day before election day. However, if a candidate whose
3-18 name is to appear on the ballot dies or is declared ineligible
3-19 after the 48th day before election day, a declaration of write-in
3-20 candidacy for the office sought by the deceased or ineligible
3-21 candidate may be filed not later than 5 p.m. of the 42nd day before
3-22 election day.
3-23 (d) Subchapter B, Chapter 146, Election Code, applies to
3-24 write-in voting in an election of directors except to the extent of
3-25 a conflict with this section.
4-1 (e) Subchapter C, Chapter 2, Election Code, applies to the
4-2 election of unopposed candidates for the board of directors.
4-3 Sec. 5. POWERS AND DUTIES. The board shall manage, control,
4-4 and administer the hospital system and all funds and resources of
4-5 the district, but in no event shall any operating, depreciation, or
4-6 building reserves be invested in any funds or securities other than
4-7 those specified in Article 836 or 837, Revised Civil Statutes of
4-8 Texas, 1925, as amended. The district through its board may sue
4-9 and be sued and may promulgate rules governing the operation of the
4-10 hospital, the hospital system, its staff, and its employees. The
4-11 board may appoint a qualified administrator or assistant
4-12 administrator for each hospital of the district and an attorney may
4-13 be appointed for the district. The administrators, the attorney,
4-14 and the assistant administrators, if any, shall serve at the will
4-15 of the board and shall receive the compensation determined by the
4-16 board. An administrator shall, on assuming his or her duties,
4-17 execute a bond payable to the hospital district in an amount to be
4-18 set by the board, in no event less than $5,000, conditioned that he
4-19 or she shall perform the duties required of him or her, and
4-20 containing such other conditions as the board may require. The
4-21 expense of the bond may be paid from funds of the district. The
4-22 administrator shall supervise all the work and activities of his or
4-23 her hospital and shall have general direction of the affairs of his
4-24 or her hospital, subject to the limitations as may be prescribed by
4-25 the board. The board may appoint to the staff doctors it may deem
5-1 necessary for the efficient operation of the district and may
5-2 provide for temporary appointments to the staff if warranted by
5-3 circumstances. The board may delegate to an administrator the
5-4 authority to employ doctors, technicians, nurses, and employees of
5-5 the district or of his or her hospital. The board may contract
5-6 with other political subdivisions or governmental agencies whereby
5-7 the district will provide investigatory or other services as to
5-8 facilities for the medical care, hospital, or welfare needs of the
5-9 inhabitants of the district and may contract with any county or
5-10 incorporated municipality located outside its boundaries for
5-11 reimbursement for the care and treatment of the sick, deceased, or
5-12 injured persons of that county or municipality. The district may
5-13 also contract with the state or agencies of the federal government
5-14 for the reimbursement for the treatment of sick, diseased, or
5-15 injured persons. The district may provide health care services
5-16 outside the geographic boundaries of the district provided that the
5-17 services serve the purposes of the district.
5-18 Sec. 8A. INDEBTEDNESS. The district may incur indebtedness
5-19 or borrow money on the credit of the district or secured by any
5-20 source of revenue, including district taxes to be levied by the
5-21 district in the next 12-month period, that is not pledged to pay
5-22 the principal or interest on district bonds. The district may
5-23 incur indebtedness or borrow money in any amount, at an annual rate
5-24 of interest that does not exceed the maximum annual percentage rate
5-25 allowed by law for district obligations at the time the loan is
6-1 made, and on other terms and conditions the district considers
6-2 advisable.
6-3 Sec. 9. DISTRICT PROPERTY. (a) The district may sell or
6-4 otherwise dispose of any real or personal property or equipment of
6-5 any nature on terms and conditions found by the board to be in the
6-6 best interests of its inhabitants, except that the board may not
6-7 sell or close a hospital transferred to the district by Jackson
6-8 County or the Edna Hospital District unless the sale or closing of
6-9 the hospital is approved by a two-thirds majority of the qualified
6-10 electors of the district voting at an election called and held for
6-11 that purpose. The board may not call an election on the question
6-12 of the sale or closing of one of those hospitals without the
6-13 concurrence of seven directors and may not call an election for
6-14 that purpose within 12 months of a preceding election for that
6-15 purpose.
6-16 (b) The board may prescribe the method and manner of making
6-17 purchases and expenditures by and for the hospital district and may
6-18 prescribe all accounting and control procedures. Contracts for
6-19 construction involving the expenditure of more than $10,000 may be
6-20 made only after advertising in the manner provided by Subchapter
6-21 B, Chapter 271, Local Government Code [163, General Laws, Acts of
6-22 the 42nd Legislature, Regular Session, 1931, as amended (Article
6-23 2368a, Vernon's Texas Civil Statutes)]. The provisions of Chapter
6-24 2253, Government Code [Article 5160, Revised Civil Statutes of
6-25 Texas, 1925, as amended], relating to performance and payment bonds
7-1 shall apply to construction contracts let by the district. The
7-2 district may acquire equipment for use in its hospital system and
7-3 mortgage or pledge the property acquired as security for the
7-4 payment of the purchase price. Except as permitted in the
7-5 preceding sentence and Sections 7, [and] 8, and 8A of this Act, the
7-6 district may incur no obligation payable from revenues of the
7-7 district, tax or otherwise, except those on hand or to be on hand
7-8 within the then current and following fiscal years of the district.
7-9 (c) Subject to Chapter 104, Health and Safety Code [the
7-10 Texas Health Planning and Development Act, as amended (Article
7-11 4418h, Vernon's Texas Civil Statutes)], after providing for the
7-12 interest and sinking funds requirement of the bonded indebtedness
7-13 created by the Edna Hospital District and assumed by the Jackson
7-14 County Hospital District and further providing for any tax revenue
7-15 that may be required to support operations expense, together with
7-16 annual maintenance requirements for each facility, the board shall
7-17 allocate to the hospital transferred to the district by Jackson
7-18 County an amount not to exceed the next $150,000 of tax income
7-19 available for repairs and improvements required to maintain
7-20 operations during each of the three years following creation of the
7-21 district. A similar additional allocation may be made for the
7-22 hospital located in Edna in the event the board determines that
7-23 need therefor exists.
7-24 SECTION 3. The importance of this legislation and the
7-25 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2348 was passed by the House on April
18, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2348 on May 14, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2348 was passed by the Senate, with
amendments, on May 12, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor