By: Chisum (Senate Sponsor - Bivins) H.B. No. 3457
1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 3457
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. 3457 By: Galloway
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the Hutchinson County Hospital District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 4.01(a), Chapter 77, Acts of the 71st
1-13 Legislature, Regular Session, 1989, is amended to read as follows:
1-14 (a) The district is governed by a board of seven directors,
1-15 four of whom are elected and three of whom are appointed by the
1-16 Commissioners Court of Hutchinson County as prescribed by Section
1-17 4.03 of this Act.
1-18 SECTION 2. Section 4.03 (d), Chapter 77, Acts of the 71st
1-19 Legislature, Regular Session, 1989, is amended to read as follows:
1-20 (d) After the initial election of directors, an election
1-21 shall be held on the first Saturday in May each year and the
1-22 appropriate number of successor directors shall be elected for
1-23 staggered three-year terms, with as near as possible to one-third
1-24 of the elected members' terms expiring each year. The
2-1 commissioners court shall annually within 10 days of the date that
2-2 elected directors are elected appoint the appropriate number of
2-3 successor appointed directors to serve staggered three-year terms.
2-4 The commissioners court may not appoint a person to serve more than
2-5 two successive terms.
2-6 SECTION 3. Section 4.05, Chapter 77, Acts of the 71st
2-7 Legislature, Regular Session, 1989, is amended by amending
2-8 Subsection (a) and adding Subsection (d) to read as follows:
2-9 (a) A person who wishes to have his name printed on the
2-10 ballot as a candidate for a position as an elected director, in
2-11 accordance with Chapter 144, Election Code, and to the extent that
2-12 chapter does not conflict with Article 4 of this Act, must file
2-13 with the secretary of the board of directors an application signed
2-14 by the person asking that his name be placed on the ballot.
2-15 (d) Subchapter C, Chapter 2, Election Code, applies to the
2-16 election of unopposed candidates for the board of directors.
2-17 SECTION 4. Chapter 77, Acts of the 71st Legislature, Regular
2-18 Session, 1989,is amended by adding Section 4.055 to read as
2-19 follows:
2-20 Sec. 4.055. WRITE-IN VOTING IN ELECTION. (a) In a general
2-21 or special election of directors, a write-in vote may not be
2-22 counted unless the name written in appears on the list of write-in
2-23 candidates.
2-24 (b) To be entitled to a place on the list of write-in
2-25 candidates, a candidate must make a declaration of write-in
2-26 candidacy.
2-27 (c) A declaration of write-in candidacy must be filed with
3-1 the secretary of the board of directors not later than 5 p.m. of
3-2 the 25th day before election day. However, if a candidate whose
3-3 name is to appear on the ballot dies or is declared ineligible
3-4 after the 28th day before election day, a declaration of write-in
3-5 candidacy for the office sought by the deceased or ineligible
3-6 candidate may be filed not later than 5 p.m. of the 22nd day before
3-7 election day.
3-8 (d) Subchapter B, Chapter 146, Election Code, applies to
3-9 write-in voting in an election of directors except to the extent of
3-10 a conflict with this section.
3-11 SECTION 5. Section 4.12, Chapter 77, Acts of the 71st
3-12 Legislature, Regular Session, 1989, is amended to read as follows:
3-13 Sec. 4.12. ADMINISTRATORS [ADMINISTRATOR], ASSISTANT
3-14 ADMINISTRATORS [ADMINISTRATOR], AND ATTORNEY. (a) The board may
3-15 appoint qualified persons as administrator of the district,
3-16 administrator of ancillary health care facilities of the district,
3-17 assistant administrators [administrator], and attorney for the
3-18 district.
3-19 (b) The administrators [administrator], assistant
3-20 administrators [administrator], and attorney serve at the will of
3-21 the board.
3-22 (c) The administrators [administrator], assistant
3-23 administrators [administrator], and attorney are entitled to
3-24 compensation as determined by the board.
3-25 (d) Before assuming the administrator's [his] duties, the
3-26 district administrator shall execute a bond payable to the hospital
3-27 district in an amount of not less than $5,000 as determined by the
4-1 board, conditioned on the faithful performance of the
4-2 administrator's [his] duties under this Act. The board may pay for
4-3 the bond with district funds.
4-4 SECTION 6. Section 4.14(b), Chapter 77, Acts of the 71st
4-5 Legislature, Regular Session, 1989, is amended to read as follows:
4-6 (b) The board may delegate to the district administrator the
4-7 authority to employ persons for the district.
4-8 SECTION 7. Section 4.15, Chapter 77, Acts of the 71st
4-9 Legislature, Regular Session, 1989, is amended to read as follows:
4-10 Sec. 4.15. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
4-11 (a) The district administrator shall supervise the work and
4-12 activities of district facilities and the staff, employees,
4-13 contractors, and agents of the district. The district
4-14 administrator [and] shall direct the general affairs of the
4-15 district, subject to the limitations prescribed by the board.
4-16 (b) The district administrator is responsible for the
4-17 overall management of all district facilities, including ancillary
4-18 health care facilities.
4-19 SECTION 8. Section 5.02, Chapter 77, Acts of the 71st
4-20 Legislature, Regular Session, 1989, is amended to read as follows:
4-21 Sec. 5.02. DISTRICT RESPONSIBILITIES. On creation of the
4-22 district, the district:
4-23 (1) assumes full responsibility for operating hospital
4-24 and ancillary health care facilities and for furnishing medical,
4-25 [and] hospital, and ancillary health care for the district's needy
4-26 inhabitants;
4-27 (2) assumes any outstanding indebtedness incurred by
5-1 Hutchinson County in providing hospital care for residents of the
5-2 territory of the district before the district's creation; and
5-3 (3) may operate or provide for the operation of a
5-4 mobile emergency medical service.
5-5 SECTION 9. Section 5.03, Chapter 77, Acts of the 71st
5-6 Legislature, Regular Session, 1989, is amended to read as follows:
5-7 Sec. 5.03. MANAGEMENT, CONTROL, AND ADMINISTRATION. The
5-8 board shall manage, control, and administer the hospital system,
5-9 the ancillary health care system, and the funds and resources of
5-10 the district.
5-11 SECTION 10. Section 5.04, Chapter 77, Acts of the 71st
5-12 Legislature, Regular Session, 1989, is amended to read as follows:
5-13 Sec. 5.04. DISTRICT RULES. The board may adopt rules
5-14 governing the operation of the hospital, ancillary health care
5-15 facilities, ancillary health care system, and hospital system and
5-16 the duties, functions, and responsibilities of the [district]
5-17 staff, [and] employees, contractors, or agents of the district.
5-18 SECTION 11. Section 5.06, Chapter 77, Acts of the 71st
5-19 Legislature, Regular Session, 1989, is amended to read as follows:
5-20 Sec. 5.06. HOSPITAL AND ANCILLARY HEALTH CARE PROPERTY,
5-21 FACILITIES, AND EQUIPMENT. (a) The board has complete discretion
5-22 to [shall] determine the type, number, and location, either inside
5-23 or outside the district, of facilities [buildings] required to
5-24 establish and maintain an adequate hospital system and ancillary
5-25 health care system, and the type of equipment necessary for
5-26 hospital care and ancillary health care, including domiciliary care
5-27 and treatment of sick or injured patients, geriatric services,
6-1 outpatient clinics, rural health clinics, convalescent home
6-2 facilities, physician's offices, home health services, durable
6-3 medical equipment, long-term care, skilled nursing care,
6-4 intermediate nursing care, hospice care, ambulatory surgery
6-5 centers, urgent care facilities, operation of a mobile emergency
6-6 medical service, and any other facility or equipment the board
6-7 considers necessary for the delivery of hospital, medical, and
6-8 ancillary health care services.
6-9 (b) The board may acquire by lease, purchase, or lease to
6-10 purchase property, facilities, supplies, and equipment for the
6-11 district for use in the hospital system and ancillary health care
6-12 system and may mortgage or pledge the property, facilities,
6-13 supplies, or equipment acquired as security for the payment of the
6-14 purchase price.
6-15 (c) The board, on behalf of the district, may lease or sell
6-16 all or part of the hospital facilities or ancillary health care
6-17 facilities [on behalf of the district].
6-18 (d) The board, on behalf of the district, may lease, sell,
6-19 or otherwise dispose of all or part of the district's property,
6-20 facilities, supplies, or equipment to a public or private entity
6-21 [on behalf of the district].
6-22 SECTION 12. Section 5.07(c), Chapter 77, Acts of the 71st
6-23 Legislature, Regular Session, 1989, is amended to read as follows:
6-24 (c) Chapter 2253, Government Code [Article 5160, Revised
6-25 Statutes], as it relates to performance and payment bonds, applies
6-26 to construction contracts let by the district.
6-27 SECTION 13. Section 5.08, Chapter 77, Acts of the 71st
7-1 Legislature, Regular Session, 1989, is amended to read as follows:
7-2 Sec. 5.08. DISTRICT OPERATING AND MANAGEMENT CONTRACTS. The
7-3 board, on behalf of the district, may enter into operating or
7-4 management contracts with one or more public or private entities
7-5 relating to hospital and ancillary health care facilities and
7-6 services [on behalf of the district].
7-7 SECTION 14. Sections 5.11(b) and (c), Chapter 77, Acts of
7-8 the 71st Legislature, Regular Session, 1989, are amended to read as
7-9 follows:
7-10 (b) Not later than the beginning of each operating year, the
7-11 district shall adopt an application procedure to determine
7-12 eligibility for assistance, as provided by Section 61.053, Health
7-13 and Safety Code [10.03, Indigent Health Care and Treatment Act
7-14 (Article 4438f, Vernon's Texas Civil Statutes)].
7-15 (c) The administrator of the district may have an inquiry
7-16 made into the financial circumstances of any patient [residing in
7-17 the district and] admitted to a district facility and into the
7-18 financial circumstances of a relative of the patient who is legally
7-19 responsible for the patient's support.
7-20 SECTION 15. Sections 5.12(a) and (c), Chapter 77, Acts of
7-21 the 71st Legislature, Regular Session, 1989, are amended to read as
7-22 follows:
7-23 (a) The board shall require reimbursement from a county,
7-24 city, or public hospital located outside the boundaries of the
7-25 district for the district's care and treatment of a sick, diseased,
7-26 or injured person of that county, city, or public hospital as
7-27 provided by Chapter 61, Health and Safety Code [the Indigent Health
8-1 Care and Treatment Act (Article 4438f, Vernon's Texas Civil
8-2 Statutes)].
8-3 (c) The board may contract with this or another [the] state,
8-4 the [or] federal government, or an agency or political subdivision
8-5 of this or another state or the federal government [for the state
8-6 or federal government] to reimburse the district for the care and
8-7 treatment of a sick, diseased, or injured person.
8-8 SECTION 16. Section 5.13, Chapter 77, Acts of the 71st
8-9 Legislature, Regular Session, 1989, is amended to read as follows:
8-10 Sec. 5.13. SERVICE CONTRACTS. The board may contract with
8-11 any [a] city, county, special district, or state, the federal
8-12 government, an agency or [other] political subdivision of those
8-13 public entities, or a charitable or other private entity [the state
8-14 or with a state or federal agency] for the district to furnish a
8-15 mobile emergency medical service or to provide for the
8-16 investigatory or welfare needs of inhabitants of the district or of
8-17 persons for whom the public or private entity has an obligation to
8-18 provide care.
8-19 SECTION 17. Chapter 77, Acts of the 71st Legislature,
8-20 Regular Session, 1989, is amended by adding Section 5.19 to read as
8-21 follows:
8-22 Sec. 5.19. JOINT OWNERSHIP ARRANGEMENTS. (a) The board, on
8-23 behalf of the district, may enter into a joint ownership
8-24 arrangement with one or more public or private entities for the:
8-25 (1) provision of management or operating services; and
8-26 (2) ownership of all or part of real property,
8-27 facilities, equipment, or supplies.
9-1 (b) The board must determine the arrangement is in the
9-2 district's best interest and is for a public purpose of the
9-3 district before the board enters into an arrangement under this
9-4 section.
9-5 SECTION 18. Section 6.05(d), Chapter 77, Acts of the 71st
9-6 Legislature, Regular Session, 1989, is amended to read as follows:
9-7 (d) At the conclusion of the hearing, the board shall adopt
9-8 a budget by acting on the budget proposed by the district
9-9 administrator. The board may make any changes in the proposed
9-10 budget that the board considers proper to provide adequate
9-11 [hospital] care and treatment at a hospital or ancillary health
9-12 care facility of the district.
9-13 SECTION 19. Section 6.09(b), Chapter 77, Acts of the 71st
9-14 Legislature, Regular Session, 1989, is amended to read as follows:
9-15 (b) The board may invest operating, depreciation, or
9-16 building reserves [only] in funds or securities specified by
9-17 Article 836 or 837, Revised Statutes, or by Chapter 2256,
9-18 Government Code, or in any other investment vehicle or fund if the
9-19 board determines that investing the reserves in that vehicle or
9-20 fund is in the district's best interest and does not violate the
9-21 Texas Constitution [the Public Funds Investment Act of 1987
9-22 (Article 842a-2, Vernon's Texas Civil Statutes)].
9-23 SECTION 20. Section 7.01, Chapter 77, Acts of the 71st
9-24 Legislature, Regular Session, 1989, is amended to read as follows:
9-25 Sec. 7.01. GENERAL OBLIGATION BONDS. The board may issue
9-26 and sell bonds authorized by an election in the name and on the
9-27 faith and credit of the hospital district to:
10-1 (1) purchase, construct, acquire, equip, repair, or
10-2 renovate buildings, facilities, equipment, or improvements for
10-3 hospital purposes, including facilities and improvements incidental
10-4 and beneficial to operating and maintaining hospitals and ancillary
10-5 facilities that provide medical and ancillary health care services
10-6 and treatment; or
10-7 (2) acquire and operate a mobile emergency medical
10-8 service.
10-9 SECTION 21. Sections 7.04(a) and (c), Chapter 77, Acts of
10-10 the 71st Legislature, Regular Session, 1989, are amended to read as
10-11 follows:
10-12 (a) The board may issue revenue bonds to:
10-13 (1) purchase, construct, acquire, repair, equip, or
10-14 renovate buildings or improvements for hospital and ancillary
10-15 health care purposes;
10-16 (2) acquire sites to be used for hospital and
10-17 ancillary health care purposes; or
10-18 (3) acquire and operate a mobile emergency medical
10-19 service to assist the district in carrying out its hospital and
10-20 ancillary health care purposes.
10-21 (c) The bonds must be issued in the manner provided by
10-22 Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
10-23 Health and Safety Code [8, 10, 11, 12, and 13, County Hospital
10-24 Authority Act (Article 4494r, Vernon's Texas Civil Statutes)], for
10-25 issuance of revenue bonds by county hospital authorities, or in
10-26 accordance with other laws relating to the issuance of revenue
10-27 bonds by hospital districts.
11-1 SECTION 22. (a) Except as provided by Subsection (b) of
11-2 this section, this Act takes effect immediately.
11-3 (b) Section 4 of this Act takes effect September 1, 1997.
11-4 SECTION 23. The importance of this legislation and the
11-5 crowded condition of the calendars in both houses create an
11-6 emergency and an imperative public necessity that the
11-7 constitutional rule requiring bills to be read on three several
11-8 days in each house be suspended, and this rule is hereby suspended,
11-9 and that this Act take effect and be in force according to its
11-10 terms, and it is so enacted.
11-11 * * * * *