1-1 By: Seaman (Senate Sponsor - Armbrister) H.B. No. 2348
1-2 (In the Senate - Received from the House April 21, 1997;
1-3 April 23, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 11,
1-6 Nays 0; May 5, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2348 By: Lucio
1-8 AN ACT
1-9 relating to the operation of the Jackson County Hospital District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 4(e), Chapter 275, Acts of the 66th
1-12 Legislature, Regular Session, 1979, is amended to read as follows:
1-13 (e) Except in the case of runoff elections, the board shall
1-14 publish notice of each election of directors in a newspaper or
1-15 newspapers that individually or collectively provide general
1-16 circulation in the district one time at least 30 days before the
1-17 date of the election. A candidate for director shall file with the
1-18 secretary of the board of directors at least 45 [35] days before
1-19 the election a request to have his or her name printed on the
1-20 ballot for the position for which he or she desires to be a
1-21 candidate. The board shall canvass the returns and declare the
1-22 results. A vacancy in office shall be filled for the unexpired
1-23 term by appointment by the remainder of the board of directors.
1-24 SECTION 2. Chapter 275, Acts of the 66th Legislature,
1-25 Regular Session, 1979, is amended by amending Sections 5 and 9 and
1-26 by adding Sections 4A, 4B, and 8A to read as follows:
1-27 Sec. 4A. TERMS. (a) Notwithstanding Section 4 of this Act,
1-28 the board, on its own motion, may order that the members of the
1-29 board serve staggered three-year or four-year terms.
1-30 (b) If the board orders staggered three-year terms, the
1-31 members of the board are to be elected as follows:
1-32 (1) if the first election that occurs at least 120
1-33 days after the date on which an order under Subsection (a) of this
1-34 section is entered is an election in an even-numbered year:
1-35 (A) the four directors elected at that first
1-36 even-numbered year election shall draw lots to determine the three
1-37 directors that serve three-year terms and the director that serves
1-38 a two-year term;
1-39 (B) the at-large director elected at the first
1-40 odd-numbered year election after the order to change the terms
1-41 shall serve a three-year term; and
1-42 (C) the four other directors elected at the
1-43 first odd-numbered year election after the order to change the
1-44 terms shall draw lots to determine which two directors serve
1-45 three-year terms and which two directors serve one-year terms;
1-46 (2) if the first election that occurs at least 120
1-47 days after the date on which an order under Subsection (a) of this
1-48 section is entered is an election in an odd-numbered year:
1-49 (A) the at-large director elected at that first
1-50 odd-numbered year election serves a three-year term;
1-51 (B) the four other directors elected at that
1-52 first odd-numbered year election shall draw lots to determine the
1-53 two directors that serve three-year terms and the two directors
1-54 that serve two-year terms; and
1-55 (C) the four directors elected at the first
1-56 even-numbered year election after the order to change the terms
1-57 shall draw lots to determine which three directors serve three-year
1-58 terms and which director serves a one-year term.
1-59 (c) If the board orders four-year terms, the members of the
1-60 board are to be elected in accordance with Section 285.081, Health
1-61 and Safety Code.
1-62 (d) After an initial change under this section from
1-63 staggered two-year terms, the board may not change the terms again.
1-64 Sec. 4B. ELECTIONS. (a) In a general or special election
2-1 of directors, a write-in vote may not be counted unless the name
2-2 written in appears on the list of write-in candidates.
2-3 (b) To be entitled to a place on the list of write-in
2-4 candidates, a candidate must make a declaration of write-in
2-5 candidacy.
2-6 (c) A declaration of write-in candidacy must be filed with
2-7 the secretary of the board of directors not later than 5 p.m. of
2-8 the 45th day before election day. However, if a candidate whose
2-9 name is to appear on the ballot dies or is declared ineligible
2-10 after the 48th day before election day, a declaration of write-in
2-11 candidacy for the office sought by the deceased or ineligible
2-12 candidate may be filed not later than 5 p.m. of the 42nd day before
2-13 election day.
2-14 (d) Subchapter B, Chapter 146, Election Code, applies to
2-15 write-in voting in an election of directors except to the extent of
2-16 a conflict with this section.
2-17 (e) Subchapter C, Chapter 2, Election Code, applies to the
2-18 election of unopposed candidates for the board of directors.
2-19 Sec. 5. POWERS AND DUTIES. The board shall manage, control,
2-20 and administer the hospital system and all funds and resources of
2-21 the district, but in no event shall any operating, depreciation, or
2-22 building reserves be invested in any funds or securities other than
2-23 those specified in Article 836 or 837, Revised Civil Statutes of
2-24 Texas, 1925, as amended. The district through its board may sue
2-25 and be sued and may promulgate rules governing the operation of the
2-26 hospital, the hospital system, its staff, and its employees. The
2-27 board may appoint a qualified administrator or assistant
2-28 administrator for each hospital of the district and an attorney may
2-29 be appointed for the district. The administrators, the attorney,
2-30 and the assistant administrators, if any, shall serve at the will
2-31 of the board and shall receive the compensation determined by the
2-32 board. An administrator shall, on assuming his or her duties,
2-33 execute a bond payable to the hospital district in an amount to be
2-34 set by the board, in no event less than $5,000, conditioned that he
2-35 or she shall perform the duties required of him or her, and
2-36 containing such other conditions as the board may require. The
2-37 expense of the bond may be paid from funds of the district. The
2-38 administrator shall supervise all the work and activities of his or
2-39 her hospital and shall have general direction of the affairs of his
2-40 or her hospital, subject to the limitations as may be prescribed by
2-41 the board. The board may appoint to the staff doctors it may deem
2-42 necessary for the efficient operation of the district and may
2-43 provide for temporary appointments to the staff if warranted by
2-44 circumstances. The board may delegate to an administrator the
2-45 authority to employ doctors, technicians, nurses, and employees of
2-46 the district or of his or her hospital. The board may contract
2-47 with other political subdivisions or governmental agencies whereby
2-48 the district will provide investigatory or other services as to
2-49 facilities for the medical care, hospital, or welfare needs of the
2-50 inhabitants of the district and may contract with any county or
2-51 incorporated municipality located outside its boundaries for
2-52 reimbursement for the care and treatment of the sick, deceased, or
2-53 injured persons of that county or municipality. The district may
2-54 also contract with the state or agencies of the federal government
2-55 for the reimbursement for the treatment of sick, diseased, or
2-56 injured persons. The district may provide health care services
2-57 outside the geographic boundaries of the district provided that the
2-58 services serve the purposes of the district.
2-59 Sec. 8A. INDEBTEDNESS. The district may incur indebtedness
2-60 or borrow money on the credit of the district or secured by any
2-61 source of revenue, including district taxes to be levied by the
2-62 district in the next 12-month period, that is not pledged to pay
2-63 the principal or interest on district bonds. The district may
2-64 incur indebtedness or borrow money in any amount, at an annual rate
2-65 of interest that does not exceed the maximum annual percentage rate
2-66 allowed by law for district obligations at the time the loan is
2-67 made, and on other terms and conditions the district considers
2-68 advisable.
2-69 Sec. 9. DISTRICT PROPERTY. (a) The district may sell or
3-1 otherwise dispose of any real or personal property or equipment of
3-2 any nature on terms and conditions found by the board to be in the
3-3 best interests of its inhabitants, except that the board may not
3-4 sell or close a hospital transferred to the district by Jackson
3-5 County or the Edna Hospital District unless the sale or closing of
3-6 the hospital is approved by a two-thirds majority of the qualified
3-7 electors of the district voting at an election called and held for
3-8 that purpose. The board may not call an election on the question
3-9 of the sale or closing of one of those hospitals without the
3-10 concurrence of seven directors and may not call an election for
3-11 that purpose within 12 months of a preceding election for that
3-12 purpose.
3-13 (b) The board may prescribe the method and manner of making
3-14 purchases and expenditures by and for the hospital district and may
3-15 prescribe all accounting and control procedures. Contracts for
3-16 construction involving the expenditure of more than $10,000 may be
3-17 made only after advertising in the manner provided by Subchapter
3-18 B, Chapter 271, Local Government Code [163, General Laws, Acts of
3-19 the 42nd Legislature, Regular Session, 1931, as amended (Article
3-20 2368a, Vernon's Texas Civil Statutes)]. The provisions of Chapter
3-21 2253, Government Code [Article 5160, Revised Civil Statutes of
3-22 Texas, 1925, as amended], relating to performance and payment bonds
3-23 shall apply to construction contracts let by the district. The
3-24 district may acquire equipment for use in its hospital system and
3-25 mortgage or pledge the property acquired as security for the
3-26 payment of the purchase price. Except as permitted in the
3-27 preceding sentence and Sections 7, [and] 8, and 8A of this Act, the
3-28 district may incur no obligation payable from revenues of the
3-29 district, tax or otherwise, except those on hand or to be on hand
3-30 within the then current and following fiscal years of the district.
3-31 (c) Subject to Chapter 104, Health and Safety Code [the
3-32 Texas Health Planning and Development Act, as amended (Article
3-33 4418h, Vernon's Texas Civil Statutes)], after providing for the
3-34 interest and sinking funds requirement of the bonded indebtedness
3-35 created by the Edna Hospital District and assumed by the Jackson
3-36 County Hospital District and further providing for any tax revenue
3-37 that may be required to support operations expense, together with
3-38 annual maintenance requirements for each facility, the board shall
3-39 allocate to the hospital transferred to the district by Jackson
3-40 County an amount not to exceed the next $150,000 of tax income
3-41 available for repairs and improvements required to maintain
3-42 operations during each of the three years following creation of the
3-43 district. A similar additional allocation may be made for the
3-44 hospital located in Edna in the event the board determines that
3-45 need therefor exists.
3-46 SECTION 3. The importance of this legislation and the
3-47 crowded condition of the calendars in both houses create an
3-48 emergency and an imperative public necessity that the
3-49 constitutional rule requiring bills to be read on three several
3-50 days in each house be suspended, and this rule is hereby suspended.
3-51 * * * * *