1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 3456
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 2, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 11,
1-6 Nays 0; May 2, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3456 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the Hansford County Hospital District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 4(b) and (c), Chapter 872, Acts of the
1-13 62nd Legislature, Regular Session, 1971, are amended to read as
1-14 follows:
1-15 (b) After the district has been established (as the result
1-16 of the election for which provision is made in Section 3) and the
1-17 initial directors have been duly appointed and have qualified, the
1-18 method for thereafter selecting directors may be changed by
1-19 following the provisions of this subsection. A petition asking
1-20 that directors of the district thereafter be elected may be
1-21 presented to the Commissioners Court of Hansford County. If such
1-22 petition is executed by at least 250 qualified electors of the
1-23 district who own taxable property therein which has been duly
1-24 rendered for taxation on the tax rolls of the district as of the
1-25 date of the presentation to the court of such petition, it shall be
1-26 the duty of the Commissioners Court of Hansford County to order an
1-27 election on the question of whether the directors of the district
1-28 shall thereafter be elected. Such election shall be called within
1-29 90 days after the presentation of a proper petition and notice
1-30 thereof, given as provided in Article 704, Revised [Civil] Statutes
1-31 [of Texas, 1925, as amended], and such election shall be conducted
1-32 in accordance with the general laws of Texas pertaining to general
1-33 elections, except as modified by the provisions of this Act. The
1-34 order calling the election shall specify the date, place or places
1-35 of holding the election, the presiding judge and alternate judge
1-36 for each voting place, and shall provide for clerks as in a county
1-37 election. The ballots shall be prepared to allow voting for or
1-38 against the proposition: "Providing the office of director of the
1-39 Hansford County Hospital District shall hereafter be an elective
1-40 office." If a majority of the voters participating in the election
1-41 shall vote in favor of such proposition, each director then in
1-42 office shall continue to serve the term for which appointed, but
1-43 successors in office shall be elected for terms of two years. No
1-44 more than one such election for the purpose of voting on the
1-45 aforesaid proposition shall be held within any three-year period.
1-46 If such proposition is sustained by a majority vote, a
1-47 regular election for directors shall be held on the first Saturday
1-48 in May [April] of each year and shall be ordered by the board.
1-49 Such order shall state the time, place, and purpose of the
1-50 election, and the board shall appoint the presiding judge, who
1-51 shall appoint an assistant judge and such clerks as may be
1-52 required, and such election shall be ordered at least 15 days prior
1-53 to the date on which it is to be held. Any person desiring his
1-54 name to be printed on the ballot as a candidate for director shall
1-55 file a petition signed by not less than 50 qualified voters, asking
1-56 that such name be printed on the ballot, with the secretary of the
1-57 board of directors of the district. Such petition shall be filed
1-58 with the secretary at least 25 days prior to the date of the
1-59 election. Notice of such election shall be published one time in a
1-60 newspaper of general circulation in the area of the district at
1-61 least five days before the election. The term of office of each
1-62 elected director shall be two years. All vacancies in the office
1-63 of director shall thereafter be filled by a majority vote of the
1-64 remaining directors, and such appointees shall hold office for the
2-1 unexpired term for which they were appointed.
2-2 (c) No person shall serve as a member of the board of
2-3 directors unless the person [he] is a resident of the district[, a
2-4 freeholder,] and a qualified voter. Neither the administrator nor
2-5 employee of the district shall be eligible to serve as a director.
2-6 Each member of the board of directors shall execute the
2-7 constitutional oath of office.
2-8 (d) Subchapter C, Chapter 2, Election Code, applies to the
2-9 election of unopposed candidates for the board of directors.
2-10 SECTION 2. Chapter 872, Acts of the 62nd Legislature,
2-11 Regular Session, 1971, is amended by adding Section 4A to read as
2-12 follows:
2-13 Sec. 4A. (a) In a general or special election of directors,
2-14 a write-in vote may not be counted unless the name written in
2-15 appears on the list of write-in candidates.
2-16 (b) To be entitled to a place on the list of write-in
2-17 candidates, a candidate must make a declaration of write-in
2-18 candidacy.
2-19 (c) A declaration of write-in candidacy must be filed with
2-20 the secretary of the board of directors not later than 5 p.m. of
2-21 the 20th day before election day. However, if a candidate whose
2-22 name is to appear on the ballot dies or is declared ineligible
2-23 after the 23rd day before election day, a declaration of write-in
2-24 candidacy for the office sought by the deceased or ineligible
2-25 candidate may be filed not later than 5 p.m. of the 18th day before
2-26 election day.
2-27 (d) Subchapter B, Chapter 146, Election Code, applies to
2-28 write-in voting in an election of directors except to the extent of
2-29 a conflict with this section.
2-30 SECTION 3. Section 5, Chapter 872, Acts of the 62nd
2-31 Legislature, Regular Session, 1971, is amended to read as follows:
2-32 Sec. 5. (a) The board of directors shall manage, control,
2-33 and administer the hospital system and all funds and resources of
2-34 the district, but in no event shall any operating, depreciation, or
2-35 building funds [fund reserves] be invested in any funds or
2-36 securities other than those specified in Articles 836 and 837,
2-37 Revised [Civil] Statutes, or Chapter 2256, Government Code [of
2-38 Texas, 1925, as amended]. The board is given full authority to
2-39 establish rules and regulations relating to seniority of employees
2-40 of the district, including a retirement plan based thereon, and may
2-41 give effect to previous years of service for those employees who
2-42 have been continuously employed in the operation or management of
2-43 the hospital or ancillary health care facilities acquired,
2-44 including those acquired upon the creation thereof by reason of
2-45 Section 2 of this Act, or constructed by the district. The
2-46 district, through its board of directors, shall have the power and
2-47 authority to sue and be sued, and shall be entitled to all causes
2-48 of action and defenses enjoyed by similar authorities who perform
2-49 only governmental functions, to promulgate rules and regulations
2-50 governing the operation of the hospital, ancillary health care
2-51 facilities, hospital system, and ancillary health care system, and
2-52 the duties, functions, and responsibilities of the [its] staff,
2-53 [and its] employees, contractors, or agents of the district. The
2-54 board of directors shall appoint [a] qualified persons [person] to
2-55 be known as the administrators [administrator] or managers
2-56 [manager] of the hospital district or of the ancillary health care
2-57 facilities and may in its discretion appoint assistants [an
2-58 assistant] to the administrators [administrator] or managers
2-59 [manager]. Such administrators [administrator] or managers
2-60 [manager] and assistant administrators [administrator] or managers
2-61 [manager], if any, shall serve at the will of the board and shall
2-62 receive such compensation as may be fixed by the board. The
2-63 district administrator or manager shall, upon assuming his duties,
2-64 execute a bond payable to the hospital district in an amount to be
2-65 set by the board of directors, in no event less than $5,000,
2-66 conditioned that he shall perform the duties required of him, and
2-67 containing such other conditions as the board may require. The
2-68 district administrator or manager shall supervise all the work and
2-69 activities of the district and shall have general direction of the
3-1 affairs of the district, including overall management
3-2 responsibility for the ancillary health care facilities, subject to
3-3 the limitations as may be prescribed by the board. The board of
3-4 directors shall have the authority to appoint to the staff such
3-5 doctors and allied health personnel as it may be deemed necessary
3-6 for the efficient operation of the district, and may provide for
3-7 temporary appointments to the staff if warranted by circumstances.
3-8 The board may delegate to the district administrator or manager the
3-9 authority to employ technicians, nurses, and employees of the
3-10 district. Such board shall be authorized to contract with any
3-11 other political subdivision or governmental agency whereby the
3-12 district will provide investigatory or other services as to the
3-13 hospital, ancillary health care, or welfare needs of the
3-14 inhabitants of the district and shall be authorized to provide
3-15 health care services [contract with any county or incorporated
3-16 municipality located] outside its boundaries for the care and
3-17 treatment of the sick, diseased, or injured persons of any
3-18 jurisdiction [such county or municipality], and shall have the
3-19 authority to contract with the State of Texas, another state, or a
3-20 political subdivision of this or another state, or agencies of the
3-21 federal government for the treatment of sick, diseased, or injured
3-22 persons.
3-23 (b) The board of directors may defend or indemnify an
3-24 officer, director, board appointee, medical staff member, or
3-25 district employee against or for liability, claims, or expenses
3-26 that arise from the performance of a duty in the person's
3-27 respective capacity as an officer, director, board appointee,
3-28 medical staff member, or employee of the district, including the
3-29 performance of a duty at a district facility. The board of
3-30 directors may purchase and maintain liability insurance coverage or
3-31 establish a self-insurance program to fund indemnification under
3-32 this section.
3-33 SECTION 4. Section 6, Chapter 872, Acts of the 62nd
3-34 Legislature, Regular Session, 1971, is amended to read as follows:
3-35 Sec. 6. The district shall be operated on the basis of a
3-36 fiscal year as established from time to time by the board of
3-37 directors of the district, provided such fiscal year shall not be
3-38 changed more often than once in any 24-month period. The board
3-39 shall cause an independent audit to be made of the financial
3-40 condition of the district, which, together with other records of
3-41 the district, shall be open to inspection at the principal office
3-42 of the district, such audit to be made covering such fiscal year,
3-43 and the same shall be filed at the office of the district as soon
3-44 as it is completed. The district administrator or manager shall
3-45 prepare an annual budget for approval by the board of directors.
3-46 The budget shall also contain a complete financial statement of the
3-47 district showing all outstanding obligations of the district, the
3-48 cash on hand to the credit of each and every fund of the district,
3-49 the funds received from all sources during the previous year, the
3-50 funds available from all sources during the ensuing year, with
3-51 balances expected at year end of the year in which the budget is
3-52 being prepared, and estimated revenues and balances available to
3-53 cover the proposed budget and the estimated tax rate which will be
3-54 required, and the proposed expenditures and disbursements and the
3-55 estimated receipts and collections for the following fiscal year.
3-56 A public hearing on the annual budget shall be held by the board of
3-57 directors after notice of such hearing has been published one time
3-58 at least 10 days before the date set therefor. Notice of the
3-59 budget hearing shall be published in a newspaper or newspapers
3-60 which individually or collectively provide general circulation in
3-61 the hospital district. Any property taxpayer of the district shall
3-62 have the right to be present and participate in said hearing within
3-63 such rules of decorum and procedures as may be prescribed by the
3-64 board. At the conclusion of the hearing, the budget, as proposed
3-65 by the district administrator or manager, shall be acted upon by
3-66 the board of directors. The board of directors shall have
3-67 authority to make such changes in the budget as in their judgment
3-68 the law warrants and the interest of the taxpayers demands. No
3-69 expenditure may be made for any expense not included in the annual
4-1 budget or an amendment thereto. The annual budget may be amended
4-2 from time to time as the circumstances may require, but the annual
4-3 budget, and all amendments thereto, shall be approved by the board
4-4 of directors. As soon as practicable after the close of each
4-5 fiscal year, the district administrator or manager shall prepare
4-6 for the board a full sworn statement of all moneys belonging to the
4-7 district and a full account of the disbursement of same.
4-8 SECTION 5. Section 7, Chapter 872, Acts of the 62nd
4-9 Legislature, Regular Session, 1971, is amended to read as follows:
4-10 Sec. 7. The board of directors shall have the power and
4-11 authority to issue and sell its bonds in the name and upon the
4-12 faith and credit of such hospital district for the purchase,
4-13 construction, acquisition, repair, or renovation of buildings and
4-14 improvements and equipping the same for hospital and ancillary
4-15 health care purposes, and for any or all of such purposes. At the
4-16 time of the issuance of any bonds by the district a tax shall be
4-17 levied by the board sufficient to create an interest and sinking
4-18 fund to pay the interest on and principal of said bonds as same
4-19 mature, providing such tax together with any other taxes levied for
4-20 said district shall not exceed the rate of tax voted under the
4-21 provisions of Section 3 of this Act. Except as provided in Section
4-22 8, no bonds shall be issued by such hospital district until
4-23 authorized by a majority of the electors of the district voting at
4-24 an election called for such purpose. The order for bond election
4-25 shall specify the date of the election, the amount of bonds to be
4-26 authorized, the maximum maturity thereof, the maximum rate of
4-27 interest they are to bear, the place or places where the election
4-28 shall be held, the presiding judge and alternate judge for each
4-29 voting place and provide for clerks as in county elections. Notice
4-30 of any bond election shall be given as provided in Article 704,
4-31 Revised [Civil] Statutes [of Texas, 1925, as amended], and shall be
4-32 conducted in accordance with the general laws of Texas pertaining
4-33 to general elections, except as modified by the provisions of this
4-34 Act.
4-35 SECTION 6. Section 8(b), Chapter 872, Acts of the 62nd
4-36 Legislature, Regular Session, 1971, is amended to read as follows:
4-37 (b) In addition to the power to issue bonds payable from
4-38 taxes levied by the district, as contemplated by the preceding
4-39 section, the board of directors is further authorized to issue and
4-40 to refund any previously issued revenue bonds for purchasing,
4-41 constructing, acquiring, repairing, equipping, or renovating
4-42 buildings and improvements for hospital or ancillary health care
4-43 purposes, and for acquiring sites therefor, such bonds to be
4-44 payable from and secured by a pledge of all or any part of the
4-45 revenues of the district to be derived from the operation of its
4-46 hospital, [or] hospitals, or ancillary health care facilities, and
4-47 such bonds may be additionally secured by a mortgage or deed of
4-48 trust lien on any part or all of its properties. Such bonds shall
4-49 be issued in the manner and in accordance with the procedures and
4-50 requirements specified for the issuance of revenue bonds by county
4-51 hospital authorities in Sections 264.042, 264.043, 264.046,
4-52 264.047, 264.048, and 264.049, Health and Safety Code [Sections 8,
4-53 10, 11, 12 and 13, Chapter 122, Acts of the 58th Legislature, 1963
4-54 (Article 4494r, Vernon's Texas Civil Statutes)].
4-55 SECTION 7. Chapter 872, Acts of the 62nd Legislature,
4-56 Regular Session, 1971, is amended by adding Section 8A to read as
4-57 follows:
4-58 Sec. 8A. The district may issue, sell, and deliver
4-59 obligations of the district and execute corresponding credit
4-60 agreements in the manner provided by Chapter 656, Acts of the 68th
4-61 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
4-62 Civil Statutes), and the Bond Procedures Act of 1981 (Article
4-63 717k-6, Vernon's Texas Civil Statutes).
4-64 SECTION 8. Section 9, Chapter 872, Acts of the 62nd
4-65 Legislature, Regular Session, 1971, is amended to read as follows:
4-66 Sec. 9. The board of directors is hereby given complete
4-67 discretion as to the type of buildings, both as to number and
4-68 location, either inside or outside the district, required to
4-69 establish and maintain an adequate hospital system and ancillary
5-1 health care services system. The hospital and ancillary health
5-2 care services systems [system] may include facilities and equipment
5-3 to provide for domiciliary care and treatment of the sick, wounded,
5-4 and injured, [facilities for] outpatient [clinic or] clinics,
5-5 dispensaries, [facilities for] geriatric domiciliary care,
5-6 convalescent home facilities, physicians' offices, home health
5-7 services, durable medical equipment, long-term care, skilled
5-8 nursing care, intermediate nursing care, hospice care, ambulatory
5-9 surgery centers, urgent care facilities, rural health clinics,
5-10 operation of a mobile emergency medical service, necessary nurses'
5-11 domiciliaries and training centers, blood banks, and research
5-12 centers or laboratories, and any other facilities or equipment
5-13 deemed necessary for the provision of hospital and ancillary health
5-14 care services [care] by the directors. The district, through its
5-15 board of directors, is further authorized to enter into an
5-16 operating or management contract with a public or private entity
5-17 with regard to any part or all of its facilities, equipment, or
5-18 services. The board [or a part thereof, or] may lease all or part
5-19 of its buildings, [and] facilities, or equipment upon terms and
5-20 conditions considered to be in [to] the best interest of its
5-21 inhabitants, provided that in no event shall any lease be for a
5-22 period in excess of 25 years from the date on which the lease is
5-23 made [entered]. The district shall be empowered to sell, lease, or
5-24 otherwise dispose of any real or personal property or equipment of
5-25 any nature upon terms and conditions found by the board to be in
5-26 the best interest of the district's [its] inhabitants, provided,
5-27 however, that in no event shall the board be authorized to sell or
5-28 dispose of any real property unless the board affirmatively finds
5-29 that the sale, lease, or disposition of the property is in the best
5-30 interests of the district's inhabitants [the same is not needed for
5-31 the operation of the hospital system].
5-32 SECTION 9. Section 10, Chapter 872, Acts of the 62nd
5-33 Legislature, Regular Session, 1971, is amended to read as follows:
5-34 Sec. 10. The board of directors of such district shall have
5-35 the power to prescribe the method and manner of making purchases
5-36 and expenditures by and for such hospital district, and shall also
5-37 be authorized to prescribe all accounting and control procedures.
5-38 All contracts for construction [or purchases] involving the
5-39 expenditure of more than $10,000 [$2,000] may be made only after
5-40 advertising in the manner provided by Chapter 252, Local Government
5-41 Code, Section 286.078, Health and Safety Code, or Subchapter B,
5-42 Chapter 271, Local Government Code [163, Acts of the 42nd
5-43 Legislature, Regular Session, 1931, as amended (Article 2368a,
5-44 Vernon's Texas Civil Statutes)]. The provisions of Chapter 2253,
5-45 Government Code [Article 5160, Revised Civil Statutes of Texas,
5-46 1925, as amended], relating to performance and payment bonds, shall
5-47 apply to construction contracts let by the district. The district
5-48 may acquire by purchase, lease, or lease to purchase equipment for
5-49 use in its hospital system and mortgage or pledge the property so
5-50 acquired as security for the payment of the purchase or lease
5-51 price, but any such contract shall provide for the entire
5-52 obligation of the district to be retired within five years from the
5-53 date of the contract. Except as permitted in the preceding
5-54 sentence and as permitted by Sections 7, [and] 8, 10A, and 15(d) of
5-55 this Act, the district may incur no obligation payable from any
5-56 revenues of the district, taxes or otherwise, except those on hand
5-57 or to be on hand within the then current and following fiscal year
5-58 of the district.
5-59 SECTION 10. Chapter 872, Acts of the 62nd Legislature,
5-60 Regular Session, 1971, is amended by adding Section 10A to read as
5-61 follows:
5-62 Sec. 10A. (a) The board of directors may spend district
5-63 funds, enter into agreements, and take other necessary action to
5-64 recruit physicians, ancillary and allied health professionals, and
5-65 other persons to serve on the district's medical staff or for
5-66 employment with the district, including:
5-67 (1) advertising and marketing;
5-68 (2) paying travel, recruitment, and relocation
5-69 expenses;
6-1 (3) providing a loan or scholarship to a physician or
6-2 other person enrolled in health care education courses at an
6-3 institution of higher education who contractually agrees to become
6-4 a district employee or medical staff member; and
6-5 (4) providing office space without the payment of rent
6-6 for the space or subsidizing office space or other facilities for a
6-7 health care professional, including a physician.
6-8 (b) The board of directors may spend district funds, enter
6-9 into agreements, and take other necessary action to conduct,
6-10 participate in, or otherwise assist in providing health care and
6-11 professional educational, development, or retraining programs for
6-12 medical staff members or employees of the district or prospective
6-13 medical staff members or employees.
6-14 (c) The board of directors may spend district funds, enter
6-15 into agreements, acquire by lease, purchase, or lease to purchase
6-16 facilities, supplies, and equipment, and take any other action to
6-17 provide day-care services for the medical staff members, allied
6-18 health professionals, officers, directors, and employees of the
6-19 district. As space permits, the district may also provide day-care
6-20 services to residents of the district.
6-21 SECTION 11. Section 11, Chapter 872, Acts of the 62nd
6-22 Legislature, Regular Session, 1971, is amended to read as follows:
6-23 Sec. 11. The board of directors of the district shall name
6-24 one or more banks within, without (either or both), its boundaries
6-25 to serve as a depository for the funds of the district. All funds
6-26 of the district, except those invested as provided in Section 5 of
6-27 this Act, and those transmitted to a bank or banks of payment for
6-28 bonds or obligations issued or assumed by the district, shall be
6-29 deposited as received with the depository bank and shall remain on
6-30 deposit, provided that nothing herein shall limit the power of the
6-31 board to place a portion of such funds on time deposit or purchase
6-32 certificates of deposit or make other investments as authorized by
6-33 Chapter 2256, Government Code.
6-34 SECTION 12. Section 14, Chapter 872, Acts of the 62nd
6-35 Legislature, Regular Session, 1971, is amended to read as follows:
6-36 Sec. 14. The district shall have the right and power of
6-37 eminent domain for the purpose of acquiring by condemnation any and
6-38 all property of any kind and character in fee simple, or any lesser
6-39 interest therein, within the boundaries of the district necessary
6-40 to the powers, rights, and privileges conferred by this Act, in the
6-41 manner provided by the general law with respect to condemnation by
6-42 counties, provided that the district shall not be required to make
6-43 deposits in the registry of the trial court of the sum required by
6-44 Section 21.021, Property Code [Paragraph 2, Article 3268, Revised
6-45 Civil Statutes of Texas, 1925, as amended], or to make bond as
6-46 therein provided. In condemnation proceedings being prosecuted by
6-47 the district, the district shall not be required to pay in advance
6-48 or give bond or other security for costs in the trial court, nor to
6-49 give any bond otherwise required for the issuance of a temporary
6-50 restraining order or a temporary injunction nor to give bond for
6-51 costs or for supersedeas on any appeal or writ of error.
6-52 SECTION 13. Section 15, Chapter 872, Acts of the 62nd
6-53 Legislature, Regular Session, 1971, is amended to read as follows:
6-54 Sec. 15. (a) The directors shall have the authority to levy
6-55 taxes for the entire year in which the district is established as
6-56 the result of the election herein provided. [All taxes of the
6-57 district shall be assessed and collected on county tax values as
6-58 provided in Subsection (b) of this section hereof unless the
6-59 directors, by majority vote, elect to have taxes assessed and
6-60 collected by its own tax assessor-collector under Subsection (c) of
6-61 this section hereof. Any such election may be made prior to
6-62 December 1 annually and shall govern the manner in which taxes are
6-63 thereafter assessed and collected, until changed by a similar
6-64 resolution.] Hospital district tax shall be levied upon all
6-65 taxable property within said district subject to hospital district
6-66 taxation.
6-67 (b) The Tax Code governs the appraisal, assessment, and
6-68 collection of district taxes [Under this subsection, district taxes
6-69 shall be assessed and collected on county tax values in the same
7-1 manner as provided by law with relation to county taxes. The tax
7-2 assessor-collector of the county in which said district is situated
7-3 shall be charged and required to accomplish the assessment and
7-4 collection of all taxes levied by and on behalf of the district.
7-5 The assessor-collector of taxes shall charge and deduct from
7-6 payments to the hospital district an amount as fees for assessing
7-7 and collecting the taxes at a rate of not exceeding two percent of
7-8 the amounts collected as may be determined by contract between the
7-9 county and the district, but in no event shall the amount paid
7-10 exceed $7,500 in any one calendar year. Such fees shall be
7-11 deposited in the officers' salary fund of the county and reported
7-12 as fees of office of the county tax assessor-collector. Interest
7-13 and penalties on taxes paid to the hospital district shall be the
7-14 same as in the case of county taxes. Discounts shall be the same
7-15 as allowed by the county. The residue of tax collections after
7-16 deductions of discounts and fees for assessing and collecting shall
7-17 be deposited in the district's depository. The bond of the county
7-18 tax assessor-collector shall stand as security for the proper
7-19 performance of his duties as assessor-collector of the district;
7-20 or, if in the judgment of the district board of directors it is
7-21 necessary, additional bond payable to the district may be required.
7-22 In all matters pertaining to the assessment, collection, and
7-23 enforcement of taxes for the district, the county tax
7-24 assessor-collector shall be authorized to act in all respects
7-25 according to the laws of the State of Texas relating to state and
7-26 county taxes].
7-27 (c) The board may provide for the appointment of a tax
7-28 assessor-collector for the district or may contract for the
7-29 assessment and collection of taxes as provided by the Tax Code
7-30 [Under this subsection, taxes shall be assessed and collected by a
7-31 tax assessor-collector appointed by the directors, who shall also
7-32 fix the terms of his employment, compensation, and requirement for
7-33 bond to assure the faithful performance of his duties, but in no
7-34 event shall such bond be for less than $5,000. The directors shall
7-35 also annually appoint five persons to serve as a board of
7-36 equalization and shall fix their compensation. Each member of the
7-37 board and the tax assessor shall be residents of the district and
7-38 own real property subject to hospital district taxation, and each
7-39 shall have the same duties, including the obligation to execute the
7-40 oath of office, as required by county officials exercising such
7-41 powers and duties. Except as in this Act provided to the contrary,
7-42 all the provisions of Title 122, Revised Civil Statutes of Texas,
7-43 1925, as amended, shall apply to the district].
7-44 (d) The district may borrow money to pay the district's
7-45 operating expenses in an amount not to exceed the amount of taxes
7-46 or other revenues the district expects to receive during the fiscal
7-47 year in which the money is borrowed. The district may pledge all
7-48 or part of the taxes or other revenues received during that fiscal
7-49 year to repay the indebtedness.
7-50 SECTION 14. Section 17, Chapter 872, Acts of the 62nd
7-51 Legislature, Regular Session, 1971, is amended to read as follows:
7-52 Sec. 17. Whenever a patient [residing within the district]
7-53 has been admitted to the facilities of the district [thereof], the
7-54 district administrator or manager may cause inquiry to be made as
7-55 to the patient's [his] circumstances and those of the relatives of
7-56 such patient legally liable for the patient's [his] support. If
7-57 the district administrator [he] finds that such patient or said
7-58 relatives are able to pay for the [his] care and treatment provided
7-59 by the district to the patient in whole or in part, an order shall
7-60 be made directing such patient or said relatives to pay the
7-61 hospital district for the care and support of such patient a
7-62 specified sum per week in proportion to their financial ability.
7-63 The district administrator or manager shall have power and
7-64 authority to collect such sums from the estate of the patient or
7-65 the patient's [his] relatives legally liable for the patient's
7-66 [his] support in the manner provided by law for collection of
7-67 expenses in the last illness of a deceased person. If the district
7-68 administrator or manager finds that such patient or said relatives
7-69 are not able to pay either in whole or in part for the [his] care
8-1 and treatment provided to the patient by the district and that
8-2 payment is not available from any other source [in such hospital],
8-3 same shall become a charge upon the hospital district as to the
8-4 amount of the inability to pay. Should there be any dispute as to
8-5 the ability to pay or doubt in the mind of the district
8-6 administrator or manager, the board of directors shall hear and
8-7 determine the patient's ability to pay [same] after calling
8-8 witnesses, and shall make such order or orders as may be proper.
8-9 Appeals from the final order of the board shall lie to the district
8-10 court. The substantial evidence rule shall apply.
8-11 SECTION 15. Section 18, Chapter 872, Acts of the 62nd
8-12 Legislature, Regular Session, 1971, is amended to read as follows:
8-13 Sec. 18. The board of directors of the hospital district is
8-14 authorized on behalf of the [such] district to accept donations,
8-15 gifts, and endowments, in addition to those heretofore made to
8-16 Hansford County for hospital and ancillary health care purposes, to
8-17 be held in trust and administered by the board of directors for
8-18 such purposes and under such directions, limitations, and
8-19 provisions as may be prescribed in writing by the donor not
8-20 inconsistent with proper management and objective of the hospital
8-21 district.
8-22 SECTION 16. Section 19, Chapter 872, Acts of the 62nd
8-23 Legislature, Regular Session, 1971, is amended to read as follows:
8-24 Sec. 19. After creation of the hospital district, no
8-25 municipality or political subdivision within the boundaries of the
8-26 district shall have the power to levy taxes or issue bonds or other
8-27 obligations for hospital purposes or for providing medical care.
8-28 The said hospital district shall assume full responsibility for
8-29 providing hospital services [care] for the indigents residing
8-30 within the district. The hospital district may assume full
8-31 responsibility for providing ancillary health care services for the
8-32 indigent residents of the district and may operate or provide for
8-33 the operation of a mobile emergency medical service. When the
8-34 district is created and established, the county and all towns and
8-35 cities located therein shall convey and transfer to the district
8-36 title to all lands, buildings, improvements and equipment in
8-37 anywise pertaining to a hospital or hospital system which may be
8-38 jointly or separately owned by the county or any city or town
8-39 within said district. Operating funds and reserves for operating
8-40 expenses which are on hand and funds which have been budgeted for
8-41 hospital purposes by the county or any city or town therein for the
8-42 remainder of the fiscal year in which the district is established
8-43 shall likewise be transferred to said district, as shall taxes
8-44 theretofore levied for hospital purposes for the current year and
8-45 all sinking funds established for payment of indebtedness assumed
8-46 by the district.
8-47 SECTION 17. This Act takes effect September 1, 1997.
8-48 SECTION 18. The importance of this legislation and the
8-49 crowded condition of the calendars in both houses create an
8-50 emergency and an imperative public necessity that the
8-51 constitutional rule requiring bills to be read on three several
8-52 days in each house be suspended, and this rule is hereby suspended.
8-53 * * * * *