75R9288 CLG-F
By Chisum H.B. No. 3456
Substitute the following for H.B. No. 3456:
By Lewis of Tarrant C.S.H.B. No. 3456
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Hansford County Hospital District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 4(b) and (c), Chapter 872, Acts of the
1-5 62nd Legislature, Regular Session, 1971, are amended to read as
1-6 follows:
1-7 (b) After the district has been established (as the result
1-8 of the election for which provision is made in Section 3) and the
1-9 initial directors have been duly appointed and have qualified, the
1-10 method for thereafter selecting directors may be changed by
1-11 following the provisions of this subsection. A petition asking
1-12 that directors of the district thereafter be elected may be
1-13 presented to the Commissioners Court of Hansford County. If such
1-14 petition is executed by at least 250 qualified electors of the
1-15 district who own taxable property therein which has been duly
1-16 rendered for taxation on the tax rolls of the district as of the
1-17 date of the presentation to the court of such petition, it shall be
1-18 the duty of the Commissioners Court of Hansford County to order an
1-19 election on the question of whether the directors of the district
1-20 shall thereafter be elected. Such election shall be called within
1-21 90 days after the presentation of a proper petition and notice
1-22 thereof, given as provided in Article 704, Revised [Civil] Statutes
1-23 [of Texas, 1925, as amended], and such election shall be conducted
1-24 in accordance with the general laws of Texas pertaining to general
2-1 elections, except as modified by the provisions of this Act. The
2-2 order calling the election shall specify the date, place or places
2-3 of holding the election, the presiding judge and alternate judge
2-4 for each voting place, and shall provide for clerks as in a county
2-5 election. The ballots shall be prepared to allow voting for or
2-6 against the proposition: "Providing the office of director of the
2-7 Hansford County Hospital District shall hereafter be an elective
2-8 office." If a majority of the voters participating in the election
2-9 shall vote in favor of such proposition, each director then in
2-10 office shall continue to serve the term for which appointed, but
2-11 successors in office shall be elected for terms of two years. No
2-12 more than one such election for the purpose of voting on the
2-13 aforesaid proposition shall be held within any three-year period.
2-14 If such proposition is sustained by a majority vote, a
2-15 regular election for directors shall be held on the first Saturday
2-16 in May [April] of each year and shall be ordered by the board.
2-17 Such order shall state the time, place, and purpose of the
2-18 election, and the board shall appoint the presiding judge, who
2-19 shall appoint an assistant judge and such clerks as may be
2-20 required, and such election shall be ordered at least 15 days prior
2-21 to the date on which it is to be held. Any person desiring his
2-22 name to be printed on the ballot as a candidate for director shall
2-23 file a petition signed by not less than 50 qualified voters, asking
2-24 that such name be printed on the ballot, with the secretary of the
2-25 board of directors of the district. Such petition shall be filed
2-26 with the secretary at least 25 days prior to the date of election.
2-27 Notice of such election shall be published one time in a newspaper
3-1 of general circulation in the area of the district at least five
3-2 days before the election. The term of office of each elected
3-3 director shall be two years. All vacancies in the office of
3-4 director shall thereafter be filled by a majority vote of the
3-5 remaining directors, and such appointees shall hold office for the
3-6 unexpired term for which they were appointed.
3-7 (c) No person shall serve as a member of the board of
3-8 directors unless the person [he] is a resident of the district[, a
3-9 freeholder,] and a qualified voter. Neither the administrator nor
3-10 employee of the district shall be eligible to serve as a director.
3-11 Each member of the board of directors shall execute the
3-12 constitutional oath of office.
3-13 SECTION 2. Chapter 872, Acts of the 62nd Legislature,
3-14 Regular Session, 1971, is amended by adding Section 4A to read as
3-15 follows:
3-16 Sec. 4A. (a) In a general or special election of directors,
3-17 a write-in vote may not be counted unless the name written in
3-18 appears on the list of write-in candidates.
3-19 (b) To be entitled to a place on the list of write-in
3-20 candidates, a candidate must make a declaration of write-in
3-21 candidacy.
3-22 (c) A declaration of write-in candidacy must be filed with
3-23 the secretary of the board of directors not later than 5 p.m. of
3-24 the 25th day before election day. However, if a candidate whose
3-25 name is to appear on the ballot dies or is declared ineligible
3-26 after the 28th day before election day, a declaration of write-in
3-27 candidacy for the office sought by the deceased or ineligible
4-1 candidate may be filed not later than 5 p.m. of the 22nd day before
4-2 election day.
4-3 (d) Subchapter B, Chapter 146, Election Code, applies to
4-4 write-in voting in an election of directors except to the extent of
4-5 a conflict with this section.
4-6 (e) Subchapter C, Chapter 2, Election Code, applies to the
4-7 election of unopposed candidates for the board of directors.
4-8 SECTION 3. Section 5, Chapter 872, Acts of the 62nd
4-9 Legislature, Regular Session, 1971, is amended to read as follows:
4-10 Sec. 5. (a) The board of directors shall manage, control,
4-11 and administer the hospital system and all funds and resources of
4-12 the district, but in no event shall any operating, depreciation, or
4-13 building funds [fund reserves] be invested in any funds or
4-14 securities other than those specified in Articles 836 and 837,
4-15 Revised [Civil] Statutes, or Chapter 2256, Government Code [of
4-16 Texas, 1925, as amended]. The board is given full authority to
4-17 establish rules and regulations relating to seniority of employees
4-18 of the district, including a retirement plan based thereon, and may
4-19 give effect to previous years of service for those employees who
4-20 have been continuously employed in the operation or management of
4-21 the hospital or ancillary health care facilities acquired,
4-22 including those acquired upon the creation thereof by reason of
4-23 Section 2 of this Act, or constructed by the district. The
4-24 district, through its board of directors, shall have the power and
4-25 authority to sue and be sued, and shall be entitled to all causes
4-26 of action and defenses enjoyed by similar authorities who perform
4-27 only governmental functions, to promulgate rules and regulations
5-1 governing the operation of the hospital, ancillary health care
5-2 facilities, hospital system, and ancillary health care system, and
5-3 the duties, functions, and responsibilities of the [its] staff,
5-4 [and its] employees, contractors, or agents of the district. The
5-5 board of directors shall appoint [a] qualified persons [person] to
5-6 be known as the administrators [administrator] or managers
5-7 [manager] of the hospital district or of the ancillary health care
5-8 facilities and may in its discretion appoint assistants [an
5-9 assistant] to the administrators [administrator] or managers
5-10 [manager]. Such administrators [administrator] or managers
5-11 [manager] and assistant administrators [administrator] or managers
5-12 [manager], if any, shall serve at the will of the board and shall
5-13 receive such compensation as may be fixed by the board. The
5-14 district administrator or manager shall, upon assuming his duties,
5-15 execute a bond payable to the hospital district in an amount to be
5-16 set by the board of directors, in no event less than $5,000,
5-17 conditioned that he shall perform the duties required of him, and
5-18 containing such other conditions as the board may require. The
5-19 district administrator or manager shall supervise all the work and
5-20 activities of the district and shall have general direction of the
5-21 affairs of the district, including overall management
5-22 responsibility for the ancillary health care facilities, subject to
5-23 the limitations as may be prescribed by the board. The board of
5-24 directors shall have the authority to appoint to the staff such
5-25 doctors and allied health personnel as it may be deemed necessary
5-26 for the efficient operation of the district, and may provide for
5-27 temporary appointments to the staff if warranted by circumstances.
6-1 The board may delegate to the district administrator or manager the
6-2 authority to employ technicians, nurses, and employees of the
6-3 district. Such board shall be authorized to contract with any
6-4 other political subdivision or governmental agency whereby the
6-5 district will provide investigatory or other services as to the
6-6 hospital, ancillary health care, or welfare needs of the
6-7 inhabitants of the district and shall be authorized to provide
6-8 health care services [contract with any county or incorporated
6-9 municipality located] outside its boundaries for the care and
6-10 treatment of the sick, diseased, or injured persons of any
6-11 jurisdiction [such county or municipality], and shall have the
6-12 authority to contract with the State of Texas, another state, or a
6-13 political subdivision of this or another state, or agencies of the
6-14 federal government for the treatment of sick diseased, or injured
6-15 persons.
6-16 (b) The board of directors may defend or indemnify an
6-17 officer, director, board appointee, medical staff member, or
6-18 district employee against or for liability, claims, or expenses
6-19 that arise from the performance of a duty in the person's
6-20 respective capacity as an officer, director, board appointee,
6-21 medical staff member, or employee of the district, including the
6-22 performance of a duty at a district facility. The board of
6-23 directors may purchase and maintain liability insurance coverage or
6-24 establish a self-insurance program to fund indemnification under
6-25 this section.
6-26 SECTION 4. Section 6, Chapter 872, Acts of the 62nd
6-27 Legislature, Regular Session, 1971, is amended to read as follows:
7-1 Sec. 6. The district shall be operated on the basis of a
7-2 fiscal year as established from time to time by the board of
7-3 directors of the district, provided such fiscal year shall not be
7-4 changed more often than once in any 24-month period. The board
7-5 shall cause an independent audit to be made of the financial
7-6 condition of the district, which, together with other records of
7-7 the district, shall be open to inspection at the principal office
7-8 of the district, such audit to be made covering such fiscal year,
7-9 and the same shall be filed at the office of the district as soon
7-10 as it is completed. The district administrator or manager shall
7-11 prepare an annual budget for approval by the board of directors.
7-12 The budget shall also contain a complete financial statement of the
7-13 district showing all outstanding obligations of the district, the
7-14 cash on hand to the credit of each and every fund of the district,
7-15 the funds received from all sources during the previous year, the
7-16 funds available from all sources during the ensuing year, with
7-17 balances expected at year end of the year in which the budget is
7-18 being prepared, and estimated revenues and balances available to
7-19 cover the proposed budget and the estimated tax rate which will be
7-20 required, and the proposed expenditures and disbursements and the
7-21 estimated receipts and collections for the following fiscal year.
7-22 A public hearing on the annual budget shall be held by the board of
7-23 directors after notice of such hearing has been published one time
7-24 at least 10 days before the date set therefor. Notice of the
7-25 budget hearing shall be published in a newspaper or newspapers
7-26 which individually or collectively provide general circulation in
7-27 the hospital district. Any property taxpayer of the district shall
8-1 have the right to be present and participate in said hearing within
8-2 such rules of decorum and procedures as may be prescribed by the
8-3 board. At the conclusion of the hearing, the budget, as proposed
8-4 by the district administrator or manager, shall be acted upon by
8-5 the board of directors. The board of directors shall have
8-6 authority to make such changes in the budget as in their judgment
8-7 the law warrants and the interest of the taxpayers demands. No
8-8 expenditure may be made for any expense not included in the annual
8-9 budget or an amendment thereto. The annual budget may be amended
8-10 from time to time as the circumstances may require, but the annual
8-11 budget, and all amendments thereto, shall be approved by the board
8-12 of directors. As soon as practicable after the close of each
8-13 fiscal year, the district administrator or manager shall prepare
8-14 for the board a full sworn statement of all moneys belonging to the
8-15 district and a full account of the disbursement of same.
8-16 SECTION 5. Section 7, Chapter 872, Acts of the 62nd
8-17 Legislature, Regular Session, 1971, is amended to read as follows:
8-18 Sec. 7. The board of directors shall have the power and
8-19 authority to issue and sell its bonds in the name and upon the
8-20 faith and credit of such hospital district for the purchase,
8-21 construction, acquisition, repair, or renovation of buildings and
8-22 improvements and equipping the same for hospital and ancillary
8-23 health care purposes, and for any or all of such purposes. At the
8-24 time of the issuance of any bonds by the district a tax shall be
8-25 levied by the board sufficient to create an interest and sinking
8-26 fund to pay the interest on and principal of said bonds as same
8-27 mature, providing such tax together with any other taxes levied for
9-1 said district shall not exceed the rate of tax voted under the
9-2 provisions of Section 3 of this Act. Except as provided in Section
9-3 8, no bonds shall be issued by such hospital district until
9-4 authorized by a majority of the electors of the district voting at
9-5 an election called for such purpose. The order for bond election
9-6 shall specify the date of the election, the amount of bonds to be
9-7 authorized, the maximum maturity thereof, the maximum rate of
9-8 interest they are to bear, the place or places where the election
9-9 shall be held, the presiding judge and alternate judge for each
9-10 voting place and provide for clerks as in county elections. Notice
9-11 of any bond election shall be given as provided in Article 704,
9-12 Revised [Civil] Statutes [of Texas, 1925, as amended], and shall be
9-13 conducted in accordance with the general laws of Texas pertaining
9-14 to general elections, except as modified by the provisions of this
9-15 Act.
9-16 SECTION 6. Section 8(b), Chapter 872, Acts of the 62nd
9-17 Legislature, Regular Session, 1971, is amended to read as follows:
9-18 (b) In addition to the power to issue bonds payable from
9-19 taxes levied by the district, as contemplated by the preceding
9-20 section, the board of directors is further authorized to issue and
9-21 to refund any previously issued revenue bonds for purchasing,
9-22 constructing, acquiring, repairing, equipping, or renovating
9-23 buildings and improvements for hospital or ancillary health care
9-24 purposes, and for acquiring sites therefor, such bonds to be
9-25 payable from and secured by a pledge of all or any part of the
9-26 revenues of the district to be derived from the operation of its
9-27 hospital, [or] hospitals, or ancillary health care facilities, and
10-1 such bonds may be additionally secured by a mortgage or deed of
10-2 trust lien on any part or all of its properties. Such bonds shall
10-3 be issued in the manner and in accordance with the procedures and
10-4 requirements specified for the issuance of revenue bonds by county
10-5 hospital authorities in Sections 264.042, 264.043, 264.046,
10-6 264.047, 264.048, and 264.049, Health and Safety Code [Sections 8,
10-7 10, 11, 12 and 13, Chapter 122, Acts of the 58th Legislature, 1963
10-8 (Article 4494r, Vernon's Texas Civil Statutes)].
10-9 SECTION 7. Chapter 872, Acts of the 62nd Legislature,
10-10 Regular Session, 1971, is amended by adding Section 8A to read as
10-11 follows:
10-12 Sec. 8A. The district may issue, sell, and deliver
10-13 obligations of the district and execute corresponding credit
10-14 agreements in the manner provided by Chapter 656, Acts of the 68th
10-15 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
10-16 Civil Statutes), and the Bond Procedures Act of 1981 (Article
10-17 717k-6, Vernon's Texas Civil Statutes).
10-18 SECTION 8. Section 9, Chapter 872, Acts of the 62nd
10-19 Legislature, Regular Session, 1971, is amended to read as follows:
10-20 Sec. 9. The board of directors is hereby given complete
10-21 discretion as to the type of buildings, both as to number and
10-22 location, either inside or outside the district, required to
10-23 establish and maintain an adequate hospital system and ancillary
10-24 health care services system. The hospital and ancillary health
10-25 care services systems [system] may include facilities and equipment
10-26 to provide for domiciliary care and treatment of the sick, wounded,
10-27 and injured, [facilities for] outpatient [clinic or] clinics,
11-1 dispensaries, [facilities for] geriatric domiciliary care,
11-2 convalescent home facilities, physicians' offices, home health
11-3 services, durable medical equipment, long-term care, skilled
11-4 nursing care, intermediate nursing care, hospice care, ambulatory
11-5 surgery centers, urgent care facilities, rural health clinics,
11-6 operation of a mobile emergency medical service, necessary nurses'
11-7 domiciliaries and training centers, blood banks, and research
11-8 centers or laboratories, and any other facilities or equipment
11-9 deemed necessary for the provision of hospital and ancillary health
11-10 care services [care] by the directors. The district, through its
11-11 board of directors, is further authorized to enter into an
11-12 operating or management contract with a public or private entity
11-13 with regard to any part or all of its facilities, equipment, or
11-14 services. The board [or a part thereof, or] may lease all or part
11-15 of its buildings, [and] facilities, or equipment upon terms and
11-16 conditions considered to be in [to] the best interest of its
11-17 inhabitants, provided that in no event shall any lease be for a
11-18 period in excess of 25 years from the date on which the lease is
11-19 made [entered]. The district shall be empowered to sell, lease, or
11-20 otherwise dispose of any real or personal property or equipment of
11-21 any nature upon terms and conditions found by the board to be in
11-22 the best interest of the district's [its] inhabitants, provided,
11-23 however, that in no event shall the board be authorized to sell or
11-24 dispose of any real property unless the board affirmatively finds
11-25 that the sale, lease, or disposition of the property is in the best
11-26 interests of the district's inhabitants [the same is not needed for
11-27 the operation of the hospital system].
12-1 SECTION 9. Section 10, Chapter 872, Acts of the 62nd
12-2 Legislature, Regular Session, 1971, is amended to read as follows:
12-3 Sec. 10. The board of directors of such district shall have
12-4 the power to prescribe the method and manner of making purchases
12-5 and expenditures by and for such hospital district, and shall also
12-6 be authorized to prescribe all accounting and control procedures.
12-7 All contracts for construction [or purchases] involving the
12-8 expenditure of more than $10,000 [$2,000] may be made only after
12-9 advertising in the manner provided by Chapter 252, Local Government
12-10 Code, Section 286.078, Health and Safety Code, or Subchapter B,
12-11 Chapter 271, Local Government Code [163, Acts of the 42nd
12-12 Legislature, Regular Session, 1931, as amended (Article 2368a,
12-13 Vernon's Texas Civil Statutes)]. The provisions of Chapter 2253,
12-14 Government Code [Article 5160, Revised Civil Statutes of Texas,
12-15 1925, as amended], relating to performance and payment bonds, shall
12-16 apply to construction contracts let by the district. The district
12-17 may acquire by purchase, lease, or lease to purchase equipment for
12-18 use in its hospital system and mortgage or pledge the property so
12-19 acquired as security for the payment of the purchase or lease
12-20 price, but any such contract shall provide for the entire
12-21 obligation of the district to be retired within five years from the
12-22 date of the contract. Except as permitted in the preceding
12-23 sentence and as permitted by Sections 7, [and] 8, 10A, and 15(d) of
12-24 this Act, the district may incur no obligation payable from any
12-25 revenues of the district, taxes or otherwise, except those on hand
12-26 or to be on hand within the then current and following fiscal year
12-27 of the district.
13-1 SECTION 10. Chapter 872, Acts of the 62nd Legislature,
13-2 Regular Session, 1971, is amended by adding Section 10A to read as
13-3 follows:
13-4 Sec. 10A. (a) The board of directors may spend district
13-5 funds, enter into agreements, and take other necessary action to
13-6 recruit physicians, ancillary and allied health professionals, and
13-7 other persons to serve on the district's medical staff or for
13-8 employment with the district, including:
13-9 (1) advertising and marketing;
13-10 (2) paying travel, recruitment, and relocation
13-11 expenses;
13-12 (3) providing a loan or scholarship to a physician or
13-13 other person enrolled in health care education courses at an
13-14 institution of higher education who contractually agrees to become
13-15 a district employee or medical staff member; and
13-16 (4) providing office space without the payment of rent
13-17 for the space or subsidizing office space or other facilities for a
13-18 health care professional, including a physician.
13-19 (b) The board of directors may spend district funds, enter
13-20 into agreements, and take other necessary action to conduct,
13-21 participate in, or otherwise assist in providing health care and
13-22 professional educational, development, or retraining programs for
13-23 medical staff members or employees of the district or prospective
13-24 medical staff members or employees.
13-25 (c) The board of directors may spend district funds, enter
13-26 into agreements, acquire by lease, purchase, or lease to purchase
13-27 facilities, supplies, and equipment, and take any other action to
14-1 provide day-care services for the medical staff members, allied
14-2 health professionals, officers, directors, and employees of the
14-3 district. As space permits, the district may also provide day-care
14-4 services to residents of the district.
14-5 SECTION 11. Section 11, Chapter 872, Acts of the 62nd
14-6 Legislature, Regular Session, 1971, is amended to read as follows:
14-7 Sec. 11. The board of directors of the district shall name
14-8 one or more banks within, without (either or both), its boundaries
14-9 to serve as a depository for the funds of the district. All funds
14-10 of the district, except those invested as provided in Section 5 of
14-11 this Act, and those transmitted to a bank or banks of payment for
14-12 bonds or obligations issued or assumed by the district, shall be
14-13 deposited as received with the depository bank and shall remain on
14-14 deposit, provided that nothing herein shall limit the power of the
14-15 board to place a portion of such funds on time deposit or purchase
14-16 certificates of deposit or make other investments as authorized by
14-17 Chapter 2256, Government Code.
14-18 SECTION 12. Section 14, Chapter 872, Acts of the 62nd
14-19 Legislature, Regular Session, 1971, is amended to read as follows:
14-20 Sec. 14. The district shall have the right and power of
14-21 eminent domain for the purpose of acquiring by condemnation any and
14-22 all property of any kind and character in fee simple, or any lesser
14-23 interest therein, within the boundaries of the district necessary
14-24 to the powers, rights, and privileges conferred by this Act, in the
14-25 manner provided by the general law with respect to condemnation by
14-26 counties, provided that the district shall not be required to make
14-27 deposits in the registry of the trial court of the sum required by
15-1 Section 21.021, Property Code [Paragraph 2, Article 3268, Revised
15-2 Civil Statutes of Texas, 1925, as amended], or to make bond as
15-3 therein provided. In condemnation proceedings being prosecuted by
15-4 the district, the district shall not be required to pay in advance
15-5 or give bond or other security for costs in the trial court, nor to
15-6 give any bond otherwise required for the issuance of a temporary
15-7 restraining order or a temporary injunction nor to give bond for
15-8 costs or for supersedeas on any appeal or writ of error.
15-9 SECTION 13. Section 15, Chapter 872, Acts of the 62nd
15-10 Legislature, Regular Session, 1971, is amended to read as follows:
15-11 Sec. 15. (a) The directors shall have the authority to levy
15-12 taxes for the entire year in which the district is established as
15-13 the result of the election herein provided. [All taxes of the
15-14 district shall be assessed and collected on county tax values as
15-15 provided in Subsection (b) of this section hereof unless the
15-16 directors, by majority vote, elect to have taxes assessed and
15-17 collected by its own tax assessor-collector under Subsection (c) of
15-18 this section hereof. Any such election may be made prior to
15-19 December 1 annually and shall govern the manner in which taxes are
15-20 thereafter assessed and collected, until changed by a similar
15-21 resolution.] Hospital district tax shall be levied upon all
15-22 taxable property within said district subject to hospital district
15-23 taxation.
15-24 (b) The Tax Code governs the appraisal, assessment, and
15-25 collection of district taxes [Under this subsection, district taxes
15-26 shall be assessed and collected on county tax values in the same
15-27 manner as provided by law with relation to county taxes. The tax
16-1 assessor-collector of the county in which said district is situated
16-2 shall be charged and required to accomplish the assessment and
16-3 collection of all taxes levied by and on behalf of the district.
16-4 The assessor-collector of taxes shall charge and deduct from
16-5 payments to the hospital district an amount as fees for assessing
16-6 and collecting the taxes at a rate of not exceeding two percent of
16-7 the amounts collected as may be determined by contract between the
16-8 county and the district, but in no event shall the amount paid
16-9 exceed $7,500 in any one calendar year. Such fees shall be
16-10 deposited in the officers' salary fund of the county and reported
16-11 as fees of office of the county tax assessor-collector. Interest
16-12 and penalties on taxes paid to the hospital district shall be the
16-13 same as in the case of county taxes. Discounts shall be the same
16-14 as allowed by the county. The residue of tax collections after
16-15 deductions of discounts and fees for assessing and collecting shall
16-16 be deposited in the district's depository. The bond of the county
16-17 tax assessor-collector shall stand as security for the proper
16-18 performance of his duties as assessor-collector of the district;
16-19 or, if in the judgment of the district board of directors it is
16-20 necessary, additional bond payable to the district may be required.
16-21 In all matters pertaining to the assessment, collection, and
16-22 enforcement of taxes for the district, the county tax
16-23 assessor-collector shall be authorized to act in all respects
16-24 according to the laws of the State of Texas relating to state and
16-25 county taxes].
16-26 (c) The board may provide for the appointment of a tax
16-27 assessor-collector for the district or may contract for the
17-1 assessment and collection of taxes as provided by the Tax Code
17-2 [Under this subsection, taxes shall be assessed and collected by a
17-3 tax assessor-collector appointed by the directors, who shall also
17-4 fix the terms of his employment, compensation, and requirement for
17-5 bond to assure the faithful performance of his duties, but in no
17-6 event shall such bond be for less than $5,000. The directors shall
17-7 also annually appoint five persons to serve as a board of
17-8 equalization and shall fix their compensation. Each member of the
17-9 board and the tax assessor shall be residents of the district and
17-10 own real property subject to hospital district taxation, and each
17-11 shall have the same duties, including the obligation to execute the
17-12 oath of office, as required by county officials exercising such
17-13 powers and duties. Except as in this Act provided to the contrary,
17-14 all the provisions of Title 122, Revised Civil Statutes of Texas,
17-15 1925, as amended, shall apply to the district].
17-16 (d) The district may borrow money to pay the district's
17-17 operating expenses in an amount not to exceed the amount of taxes
17-18 or other revenues the district expects to receive during the fiscal
17-19 year in which the money is borrowed. The district may pledge all
17-20 or part of the taxes or other revenues received during that fiscal
17-21 year to repay the indebtedness.
17-22 SECTION 14. Section 17, Chapter 872, Acts of the 62nd
17-23 Legislature, Regular Session, 1971, is amended to read as follows:
17-24 Sec. 17. Whenever a patient [residing within the district]
17-25 has been admitted to the facilities of the district [thereof], the
17-26 district administrator or manager may cause inquiry to be made as
17-27 to the patient's [his] circumstances and those of the relatives of
18-1 such patient legally liable for the patient's [his] support. If
18-2 the district administrator [he] finds that such patient or said
18-3 relatives are able to pay for the [his] care and treatment provided
18-4 by the district to the patient in whole or in part, an order shall
18-5 be made directing such patient or said relatives to pay the
18-6 hospital district for the care and support of such patient a
18-7 specified sum per week in proportion to their financial ability.
18-8 The district administrator or manager shall have power and
18-9 authority to collect such sums from the estate of the patient or
18-10 the patient's [his] relatives legally liable for the patient's
18-11 [his] support in the manner provided by law for collection of
18-12 expenses in the last illness of a deceased person. If the district
18-13 administrator or manager finds that such patient or said relatives
18-14 are not able to pay either in whole or in part for the [his] care
18-15 and treatment provided to the patient by the district and that
18-16 payment is not available from any other source [in such hospital],
18-17 same shall become a charge upon the hospital district as to the
18-18 amount of the inability to pay. Should there be any dispute as to
18-19 the ability to pay or doubt in the mind of the district
18-20 administrator or manager, the board of directors shall hear and
18-21 determine the patient's ability to pay [same] after calling
18-22 witnesses, and shall make such order or orders as may be proper.
18-23 Appeals from the final order of the board shall lie to the district
18-24 court. The substantial evidence rule shall apply.
18-25 SECTION 15. Section 18, Chapter 872, Acts of the 62nd
18-26 Legislature, Regular Session, 1971, is amended to read as follows:
18-27 Sec. 18. The board of directors of the hospital district is
19-1 authorized on behalf of the [such] district to accept donations,
19-2 gifts, and endowments, in addition to those heretofore made to
19-3 Hansford County for hospital and ancillary health care purposes, to
19-4 be held in trust and administered by the board of directors for
19-5 such purposes and under such directions, limitations, and
19-6 provisions as may be prescribed in writing by the donor not
19-7 inconsistent with proper management and objective of the hospital
19-8 district.
19-9 SECTION 16. Section 19, Chapter 872, Acts of the 62nd
19-10 Legislature, Regular Session, 1971, is amended to read as follows:
19-11 Sec. 19. After creation of the hospital district, no
19-12 municipality or political subdivision within the boundaries of the
19-13 district shall have the power to levy taxes or issue bonds or other
19-14 obligations for hospital purposes or for providing medical care.
19-15 The said hospital district shall assume full responsibility for
19-16 providing hospital services [care] for the indigents residing
19-17 within the district. The hospital district may assume full
19-18 responsibility for providing ancillary health care services for the
19-19 indigent residents of the district and may operate or provide for
19-20 the operation of a mobile emergency medical service. When the
19-21 district is created and established, the county and all towns and
19-22 cities located therein shall convey and transfer to the district
19-23 title to all lands, buildings, improvements and equipment in
19-24 anywise pertaining to a hospital or hospital system which may be
19-25 jointly or separately owned by the county or any city or town
19-26 within said district. Operating funds and reserves for operating
19-27 expenses which are on hand and funds which have been budgeted for
20-1 hospital purposes by the county or any city or town therein for the
20-2 remainder of the fiscal year in which the district is established
20-3 shall likewise be transferred to said district, as shall taxes
20-4 theretofore levied for hospital purposes for the current year and
20-5 all sinking funds established for payment of indebtedness assumed
20-6 by the district.
20-7 SECTION 17. This Act takes effect September 1, 1997.
20-8 SECTION 18. The importance of this legislation and the
20-9 crowded condition of the calendars in both houses create an
20-10 emergency and an imperative public necessity that the
20-11 constitutional rule requiring bills to be read on three several
20-12 days in each house be suspended, and this rule is hereby suspended.