1-1 By: Craddick (Senate Sponsor - Bivins) H.B. No. 3266
1-2 (In the Senate - Received from the House April 14, 1997;
1-3 April 16, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 13, 1997, reported favorably by
1-5 the following vote: Yeas 10, Nays 0; May 13, 1997, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the Midland County Hospital District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 3(a), Chapter 112, Acts of the 65th
1-12 Legislature, Regular Session, 1977, is amended to read as follows:
1-13 (a) The district authorized to be created by this Act is
1-14 charged with the responsibility of establishing a hospital or a
1-15 hospital system, including medical facilities and other health
1-16 facilities, within its boundaries to furnish hospital and medical
1-17 care to the residents of the district. After this district is
1-18 created as provided in Section 4 of this Act, no other municipality
1-19 or political subdivision has the authority to [of this state may]
1-20 levy taxes or issue bonds or other obligations for hospital
1-21 purposes or for [of indebtedness for the purpose of] providing
1-22 [hospital service or] medical care within the boundaries of the
1-23 district. This district shall provide all necessary [hospital and]
1-24 medical and hospital care for the needy inhabitants of the
1-25 district. The district may provide primary care, emergency
1-26 services, preventive medical services, and other health-related
1-27 services outside the boundaries of the district, provided that the
1-28 services serve the purpose of the district as established by this
1-29 Act.
1-30 SECTION 2. Chapter 112, Acts of the 65th Legislature,
1-31 Regular Session, 1977, is amended by adding Section 5A to read as
1-32 follows:
1-33 Sec. 5A. (a) In a general or special election of directors,
1-34 a write-in vote may not be counted unless the name written in
1-35 appears on the list of write-in candidates.
1-36 (b) To be entitled to a place on the list of write-in
1-37 candidates, a candidate must make a declaration of write-in
1-38 candidacy.
1-39 (c) A declaration of write-in candidacy must be filed with
1-40 the secretary of the board of directors not later than 5 p.m. of
1-41 the 30th day before election day. However, if a candidate whose
1-42 name is to appear on the ballot dies or is declared ineligible
1-43 after the 33rd day before election day, a declaration of write-in
1-44 candidacy for the office sought by the deceased or ineligible
1-45 candidate may be filed not later than 5 p.m. of the 27th day before
1-46 election day.
1-47 (d) Subchapter B, Chapter 146, Election Code, applies to
1-48 write-in voting in an election of directors except to the extent of
1-49 a conflict with this section.
1-50 SECTION 3. Section 6, Chapter 112, Acts of the 65th
1-51 Legislature, Regular Session, 1977, is amended to read as follows:
1-52 Sec. 6. The board of directors shall manage, control, and
1-53 administer the hospital or hospital system of the district and all
1-54 funds and resources of the district, but operating, depreciation,
1-55 or building fund reserves may not be invested in any funds or
1-56 securities other than those specified in Articles 836 and 837,
1-57 Revised Civil Statutes of Texas, 1925, as amended. The board is
1-58 given full authority to establish rules relating to seniority of
1-59 employees of the district and may establish or administer a
1-60 retirement program or elect to participate in any statewide
1-61 retirement program in which the district is eligible to
1-62 participate. The district may give effect to previous years of
1-63 service for those employees who have been continuously employed in
1-64 the operation or management of the hospital facilities acquired
2-1 from Midland Memorial Foundation on the creation of the district.
2-2 The district, through its board of directors, shall have the power
2-3 and authority to sue and be sued and to promulgate rules governing
2-4 the operation of the hospital, hospital system, its staff, and its
2-5 employees. The board of directors may appoint a qualified person
2-6 as the administrator of the hospital district and may in its
2-7 discretion appoint assistants to the administrator. The
2-8 administrator and assistant administrator, if any, serve at the
2-9 will of the board and receive compensation fixed by the board. The
2-10 administrator shall on assuming his duties execute a bond payable
2-11 to the hospital district in an amount set by the board of
2-12 directors, not less than $10,000, conditioned on performance of the
2-13 duties required of him and containing other conditions as the board
2-14 may require. The administrator shall supervise all the work and
2-15 activities of the district and shall have general direction of the
2-16 affairs of the district, subject to the limitations prescribed by
2-17 the board. The board of directors shall have authority to appoint
2-18 and dismiss from the staff such doctors as it deems necessary for
2-19 the efficient operation of the district and may provide for
2-20 temporary appointment to the staff if warranted by circumstances.
2-21 The board may delegate to the administrator the authority to employ
2-22 or contract with technicians, nurses, and other persons or
2-23 employees of the district as deemed advisable by the administrator.
2-24 The board may enter into agreements, spend district funds, and take
2-25 other necessary action to recruit or otherwise obtain physicians
2-26 and other personnel for the district's medical staff or for
2-27 employment with the hospital or hospital system, including medical
2-28 facilities or other health facilities owned or operated by the
2-29 district. The actions may include advertising and marketing,
2-30 paying recruitment expenses, paying travel and relocation expenses,
2-31 and providing subsidies and scholarships. The board shall be
2-32 authorized to contract with any person, firm, corporation, [other]
2-33 political subdivision, or governmental agency whereby the district
2-34 will provide investigatory or other services as to the medical,
2-35 hospital, or welfare needs of the inhabitants of the district. The
2-36 board shall be authorized to contract with any person, firm,
2-37 corporation, hospital or hospital authority, hospital district,
2-38 emergency services district, county, incorporated municipality, or
2-39 any [other] political subdivision of this state, [that is] located
2-40 inside or outside its boundaries, for the hospitalization and
2-41 treatment of [the] sick, diseased, or injured persons. The
2-42 district may operate or provide for the operation of an ambulance
2-43 or mobile emergency service. The district may [of any such entity
2-44 and shall have the authority to] contract with the state or its
2-45 agencies, [and] the federal government or its agencies, or a
2-46 person, firm, corporation, hospital, hospital authority, emergency
2-47 services district, county, incorporated municipality, or another
2-48 political subdivision of this state, located inside or outside its
2-49 boundaries, for services provided by the district, including the
2-50 promotion of health, [for the] hospital treatment of sick,
2-51 diseased, or injured persons, and [for] the training of doctors,
2-52 nurses, and other health care disciplines. The board of directors
2-53 may exercise all of the [foregoing] powers of this section and all
2-54 other sections of this Act, unless an operating or [unless a]
2-55 management agreement is entered into with the board of directors,
2-56 in accordance with Section 7 hereof, by which either all or a part
2-57 of such powers shall be exercised pursuant to the operating or [a]
2-58 management agreement.
2-59 SECTION 4. Section 7, Chapter 112, Acts of the 65th
2-60 Legislature, Regular Session, 1977, is amended to read as follows:
2-61 Sec. 7. The board of directors, in addition to any other
2-62 powers which it may now or hereafter have, is hereby authorized to
2-63 enter into a management agreement with the Midland Memorial
2-64 Foundation or its successors or any other individual, corporation,
2-65 agency, or governmental subdivision or entity for the management
2-66 and operation of any hospital or part thereof owned by the
2-67 district, under such terms and conditions as may be satisfactory to
2-68 the board of directors and the Midland Memorial Foundation or any
2-69 other individual, corporation, agency, or governmental subdivision
3-1 or entity. Such agreement may be for a term of up to 10 years with
3-2 such options of renewal as deemed advisable. A nonprofit
3-3 corporation that manages a hospital or provides services under a
3-4 contract with the district under this Act and any employee of the
3-5 corporation are, while performing services under the contract for
3-6 the benefit of the district, employees of the district for the
3-7 purposes of Chapters 101 and 102, Civil Practice and Remedies Code.
3-8 SECTION 5. Section 11, Chapter 112, Acts of the 65th
3-9 Legislature, Regular Session, 1977, is amended to read as follows:
3-10 Sec. 11. The board of directors is given complete discretion
3-11 as to the type, number, and location of buildings and property
3-12 required to establish and maintain an adequate hospital system.
3-13 The hospital system may include facilities for domiciliary care of
3-14 the sick, wounded, and injured, outpatient clinics, dispensaries,
3-15 facilities for geriatric domiciliary care, convalescent home
3-16 facilities, necessary nurses' domiciliaries, and training centers,
3-17 training facilities for doctors, nurses, and other health care
3-18 disciplines, blood banks, community mental health centers, research
3-19 centers or laboratories, parking, and any other facilities deemed
3-20 necessary by the board of directors for a hospital or hospital
3-21 system and a medical facility or other health facility included in
3-22 the hospital or hospital system [for medical and hospital care by
3-23 the board of directors]. The district, through its board of
3-24 directors, is authorized to lease property, facilities, or
3-25 equipment and to enter into leases of all or a part of its
3-26 buildings and facilities with any person, corporation, political
3-27 subdivision, agency, or branch of the state or United States, with
3-28 such terms and conditions as considered to be in the best interest
3-29 of the district; provided that no lease may be for a period in
3-30 excess of 40 years from the date entered. On the district's
3-31 behalf, the board of directors may hold, construct, condemn,
3-32 purchase, acquire, lease, add to, maintain, operate, regulate,
3-33 sell, convey, [The district may sell] or otherwise dispose of land,
3-34 equipment, or property of any nature, or a property right,
3-35 hospital facility, or hospital system [any property, real or
3-36 personal, or equipment of any nature] on terms and conditions found
3-37 by the board to be in the best interest of the district's [its]
3-38 inhabitants.
3-39 SECTION 6. Section 12, Chapter 112, Acts of the 65th
3-40 Legislature, Regular Session, 1977, is amended to read as follows:
3-41 Sec. 12. The board of directors has the power to prescribe
3-42 the method and manner of making purchases and expenditures by and
3-43 for the hospital district and shall also be authorized to prescribe
3-44 all accounting and control procedures or may delegate all or any of
3-45 those powers, by the adoption of an appropriate resolution to that
3-46 effect, to the Midland Memorial Foundation or its successors, or to
3-47 an individual, corporation, agency, political subdivision, or other
3-48 entity that enters into an operating or management agreement with
3-49 the district to exercise all or any of those powers. All contracts
3-50 by the district for construction or purchases involving the
3-51 expenditure of more than $10,000 may be made only after advertising
3-52 in the manner provided by Chapter 252, Local Government Code. The
3-53 provisions of Chapter 2253, Government Code [Article 5160, Revised
3-54 Civil Statutes of Texas, 1925, as amended], apply to construction
3-55 contracts let by the district. The district may acquire equipment
3-56 for use in its hospital system, including medical facilities and
3-57 health facilities, and mortgage or pledge the property so acquired
3-58 as security for the payment of the purchase price, but any such
3-59 contract shall provide for the entire obligation of the district to
3-60 be retired within five years from the date of the contract. Except
3-61 as permitted in the preceding sentence and as permitted by Sections
3-62 9 and 10 of this Act, the district may incur no obligation payable
3-63 from any revenues of the district, taxes or otherwise, except those
3-64 on hand or to be on hand within the current and following fiscal
3-65 year of the district.
3-66 SECTION 7. This Act takes effect September 1, 1997.
3-67 SECTION 8. The importance of this legislation and the
3-68 crowded condition of the calendars in both houses create an
3-69 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.
4-3 * * * * *