By Craddick H.B. No. 3266
75R9349 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Midland County Hospital District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3(a), Chapter 112, Acts of the 65th
1-5 Legislature, Regular Session, 1977, is amended to read as follows:
1-6 (a) The district authorized to be created by this Act is
1-7 charged with the responsibility of establishing a hospital or a
1-8 hospital system, including medical facilities and other health
1-9 facilities, within its boundaries to furnish hospital and medical
1-10 care to the residents of the district. After this district is
1-11 created as provided in Section 4 of this Act, no other municipality
1-12 or political subdivision has the authority to [of this state may]
1-13 levy taxes or issue bonds or other obligations for hospital
1-14 purposes or for [of indebtedness for the purpose of] providing
1-15 [hospital service or] medical care within the boundaries of the
1-16 district. This district shall provide all necessary [hospital and]
1-17 medical and hospital care for the needy inhabitants of the
1-18 district. The district may provide primary care, emergency
1-19 services, preventive medical services, and other health-related
1-20 services outside the boundaries of the district, provided that the
1-21 services serve the purpose of the district as established by this
1-22 Act.
1-23 SECTION 2. Chapter 112, Acts of the 65th Legislature,
1-24 Regular Session, 1977, is amended by adding Section 5A to read as
2-1 follows:
2-2 Sec. 5A. (a) In a general or special election of directors,
2-3 a write-in vote may not be counted unless the name written in
2-4 appears on the list of write-in candidates.
2-5 (b) To be entitled to a place on the list of write-in
2-6 candidates, a candidate must make a declaration of write-in
2-7 candidacy.
2-8 (c) A declaration of write-in candidacy must be filed with
2-9 the secretary of the board of directors not later than 5 p.m. of
2-10 the 30th day before election day. However, if a candidate whose
2-11 name is to appear on the ballot dies or is declared ineligible
2-12 after the 33rd day before election day, a declaration of write-in
2-13 candidacy for the office sought by the deceased or ineligible
2-14 candidate may be filed not later than 5 p.m. of the 27th day before
2-15 election day.
2-16 (d) Subchapter B, Chapter 146, Election Code, applies to
2-17 write-in voting in an election of directors except to the extent of
2-18 a conflict with this section.
2-19 SECTION 3. Section 6, Chapter 112, Acts of the 65th
2-20 Legislature, Regular Session, 1977, is amended to read as follows:
2-21 Sec. 6. The board of directors shall manage, control, and
2-22 administer the hospital or hospital system of the district and all
2-23 funds and resources of the district, but operating, depreciation,
2-24 or building fund reserves may not be invested in any funds or
2-25 securities other than those specified in Articles 836 and 837,
2-26 Revised Civil Statutes of Texas, 1925, as amended. The board is
2-27 given full authority to establish rules relating to seniority of
3-1 employees of the district and may establish or administer a
3-2 retirement program or elect to participate in any statewide
3-3 retirement program in which the district is eligible to
3-4 participate. The district may give effect to previous years of
3-5 service for those employees who have been continuously employed in
3-6 the operation or management of the hospital facilities acquired
3-7 from Midland Memorial Foundation on the creation of the district.
3-8 The district, through its board of directors, shall have the power
3-9 and authority to sue and be sued and to promulgate rules governing
3-10 the operation of the hospital, hospital system, its staff, and its
3-11 employees. The board of directors may appoint a qualified person
3-12 as the administrator of the hospital district and may in its
3-13 discretion appoint assistants to the administrator. The
3-14 administrator and assistant administrator, if any, serve at the
3-15 will of the board and receive compensation fixed by the board. The
3-16 administrator shall on assuming his duties execute a bond payable
3-17 to the hospital district in an amount set by the board of
3-18 directors, not less than $10,000, conditioned on performance of the
3-19 duties required of him and containing other conditions as the board
3-20 may require. The administrator shall supervise all the work and
3-21 activities of the district and shall have general direction of the
3-22 affairs of the district, subject to the limitations prescribed by
3-23 the board. The board of directors shall have authority to appoint
3-24 and dismiss from the staff such doctors as it deems necessary for
3-25 the efficient operation of the district and may provide for
3-26 temporary appointment to the staff if warranted by circumstances.
3-27 The board may delegate to the administrator the authority to employ
4-1 or contract with technicians, nurses, and other persons or
4-2 employees of the district as deemed advisable by the administrator.
4-3 The board may enter into agreements, spend district funds, and take
4-4 other necessary action to recruit or otherwise obtain physicians
4-5 and other personnel for the district's medical staff or for
4-6 employment with the hospital or hospital system, including medical
4-7 facilities or other health facilities owned or operated by the
4-8 district. The actions may include advertising and marketing,
4-9 paying recruitment expenses, paying travel and relocation expenses,
4-10 and providing subsidies and scholarships. The board shall be
4-11 authorized to contract with any person, firm, corporation, [other]
4-12 political subdivision, or governmental agency whereby the district
4-13 will provide investigatory or other services as to the medical,
4-14 hospital, or welfare needs of the inhabitants of the district. The
4-15 board shall be authorized to contract with any person, firm,
4-16 corporation, hospital or hospital authority, hospital district,
4-17 emergency services district, county, incorporated municipality, or
4-18 any [other] political subdivision of this state, [that is] located
4-19 inside or outside its boundaries, for the hospitalization and
4-20 treatment of [the] sick, diseased, or injured persons. The
4-21 district may operate or provide for the operation of an ambulance
4-22 or mobile emergency service. The district may [of any such entity
4-23 and shall have the authority to] contract with the state or its
4-24 agencies, [and] the federal government or its agencies, or a
4-25 person, firm, corporation, hospital, hospital authority, emergency
4-26 services district, county, incorporated municipality, or another
4-27 political subdivision of this state, located inside or outside its
5-1 boundaries, for services provided by the district, including the
5-2 promotion of health, [for the] hospital treatment of sick,
5-3 diseased, or injured persons, and [for] the training of doctors,
5-4 nurses, and other health care disciplines. The board of directors
5-5 may exercise all of the [foregoing] powers of this section and all
5-6 other sections of this Act, unless an operating or [unless a]
5-7 management agreement is entered into with the board of directors,
5-8 in accordance with Section 7 hereof, by which either all or a part
5-9 of such powers shall be exercised pursuant to the operating or [a]
5-10 management agreement.
5-11 SECTION 4. Section 7, Chapter 112, Acts of the 65th
5-12 Legislature, Regular Session, 1977, is amended to read as follows:
5-13 Sec. 7. The board of directors, in addition to any other
5-14 powers which it may now or hereafter have, is hereby authorized to
5-15 enter into a management agreement with the Midland Memorial
5-16 Foundation or its successors or any other individual, corporation,
5-17 agency, or governmental subdivision or entity for the management
5-18 and operation of any hospital or part thereof owned by the
5-19 district, under such terms and conditions as may be satisfactory to
5-20 the board of directors and the Midland Memorial Foundation or any
5-21 other individual, corporation, agency, or governmental subdivision
5-22 or entity. Such agreement may be for a term of up to 10 years with
5-23 such options of renewal as deemed advisable. A nonprofit
5-24 corporation that manages a hospital or provides services under a
5-25 contract with the district under this Act and any employee of the
5-26 corporation are, while performing services under the contract for
5-27 the benefit of the district, employees of the district for the
6-1 purposes of Chapters 101 and 102, Civil Practice and Remedies Code.
6-2 SECTION 5. Section 11, Chapter 112, Acts of the 65th
6-3 Legislature, Regular Session, 1977, is amended to read as follows:
6-4 Sec. 11. The board of directors is given complete discretion
6-5 as to the type, number, and location of buildings and property
6-6 required to establish and maintain an adequate hospital system.
6-7 The hospital system may include facilities for domiciliary care of
6-8 the sick, wounded, and injured, outpatient clinics, dispensaries,
6-9 facilities for geriatric domiciliary care, convalescent home
6-10 facilities, necessary nurses' domiciliaries, and training centers,
6-11 training facilities for doctors, nurses, and other health care
6-12 disciplines, blood banks, community mental health centers, research
6-13 centers or laboratories, parking, and any other facilities deemed
6-14 necessary by the board of directors for a hospital or hospital
6-15 system and a medical facility or other health facility included in
6-16 the hospital or hospital system [for medical and hospital care by
6-17 the board of directors]. The district, through its board of
6-18 directors, is authorized to lease property, facilities, or
6-19 equipment and to enter into leases of all or a part of its
6-20 buildings and facilities with any person, corporation, political
6-21 subdivision, agency, or branch of the state or United States, with
6-22 such terms and conditions as considered to be in the best interest
6-23 of the district; provided that no lease may be for a period in
6-24 excess of 40 years from the date entered. On the district's
6-25 behalf, the board of directors may hold, construct, condemn,
6-26 purchase, acquire, lease, add to, maintain, operate, regulate,
6-27 sell, convey, [The district may sell] or otherwise dispose of land,
7-1 equipment, or property of any nature, or a property right,
7-2 hospital facility, or hospital system [any property, real or
7-3 personal, or equipment of any nature] on terms and conditions found
7-4 by the board to be in the best interest of the district's [its]
7-5 inhabitants.
7-6 SECTION 6. Section 12, Chapter 112, Acts of the 65th
7-7 Legislature, Regular Session, 1977, is amended to read as follows:
7-8 Sec. 12. The board of directors has the power to prescribe
7-9 the method and manner of making purchases and expenditures by and
7-10 for the hospital district and shall also be authorized to prescribe
7-11 all accounting and control procedures or may delegate all or any of
7-12 those powers, by the adoption of an appropriate resolution to that
7-13 effect, to the Midland Memorial Foundation or its successors, or to
7-14 an individual, corporation, agency, political subdivision, or other
7-15 entity that enters into an operating or management agreement with
7-16 the district to exercise all or any of those powers. All contracts
7-17 by the district for construction or purchases involving the
7-18 expenditure of more than $10,000 may be made only after advertising
7-19 in the manner provided by Chapter 252, Local Government Code. The
7-20 provisions of Chapter 2253, Government Code [Article 5160, Revised
7-21 Civil Statutes of Texas, 1925, as amended], apply to construction
7-22 contracts let by the district. The district may acquire equipment
7-23 for use in its hospital system, including medical facilities and
7-24 health facilities, and mortgage or pledge the property so acquired
7-25 as security for the payment of the purchase price, but any such
7-26 contract shall provide for the entire obligation of the district to
7-27 be retired within five years from the date of the contract. Except
8-1 as permitted in the preceding sentence and as permitted by Sections
8-2 9 and 10 of this Act, the district may incur no obligation payable
8-3 from any revenues of the district, taxes or otherwise, except those
8-4 on hand or to be on hand within the current and following fiscal
8-5 year of the district.
8-6 SECTION 7. This Act takes effect September 1, 1997.
8-7 SECTION 8. The importance of this legislation and the
8-8 crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.