By Williams H.B. No. 3610
75R14882 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dissolution of the Montgomery County Hospital
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 258, Acts of the 65th Legislature,
1-6 Regular Session, 1977, is amended by adding Sections 23A and 23B to
1-7 read as follows:
1-8 Sec. 23A. (a) The district may be dissolved as provided by
1-9 this section.
1-10 (b) The board of directors may order an election on the
1-11 question of dissolving the district and disposing of the district's
1-12 assets and obligations. The board of directors shall order an
1-13 election if the board of directors receives a petition requesting
1-14 an election that is signed by a number of residents of the district
1-15 equal to at least 15 percent of the registered voters in the
1-16 district.
1-17 (c) The election shall be held not later than the 60th day
1-18 after the date on which the election is ordered. Section
1-19 41.001(a), Election Code, does not apply to an election ordered
1-20 under this section.
1-21 (d) The ballot for the election shall be printed to permit
1-22 voting for or against the proposition: "The dissolution of the
1-23 Montgomery County Hospital District." The election shall be held
1-24 in accordance with the applicable provisions of the Election Code.
2-1 (e) If a majority of the votes in the election favor
2-2 dissolution, the board of directors shall find that the district is
2-3 dissolved. If a majority of the votes in the election do not favor
2-4 dissolution, the board of directors shall continue to administer
2-5 the district and another election on the question of dissolution
2-6 may not be held before the first anniversary of the most recent
2-7 election to dissolve the district.
2-8 (f) If a majority of the votes in the election favor
2-9 dissolution, the board of directors shall transfer the land,
2-10 buildings, improvements, equipment, and other assets that belong to
2-11 the district to Montgomery County or another governmental entity in
2-12 the district or shall administer the property, assets, and debts in
2-13 accordance with Section 23B of this Act. If the district transfers
2-14 the land, buildings, improvements, equipment, and other assets to
2-15 Montgomery County or another governmental entity, the county or
2-16 entity assumes all debts and obligations of the district at the
2-17 time of the transfer and the district is dissolved.
2-18 Sec. 23B. (a) If the board of directors finds that the
2-19 district is dissolved but does not transfer the land, buildings,
2-20 improvements, equipment, and other assets to Montgomery County or
2-21 another governmental entity in the district, the board of directors
2-22 shall continue to control and administer the property, debts, and
2-23 assets of the district until all funds have been disposed of and
2-24 all district debts have been paid or settled.
2-25 (b) After the board of directors finds that the district is
2-26 dissolved, the board of directors shall:
2-27 (1) determine the debt owed by the district; and
3-1 (2) impose on the property included in the district's
3-2 tax rolls a tax that is in proportion of the debt to the property
3-3 value.
3-4 (c) The board of directors may institute a suit to enforce
3-5 payment of taxes and to foreclose liens to secure the payment of
3-6 taxes due the district.
3-7 (d) When all outstanding debts and obligations of the
3-8 district are paid, the board of directors shall order the secretary
3-9 to return the pro rata share of all unused tax money to each
3-10 district taxpayer. A taxpayer may request that the taxpayer's
3-11 share of surplus tax money be credited to the taxpayer's county
3-12 taxes. If a taxpayer requests the credit, the board of directors
3-13 shall direct the secretary to transmit the funds to the county tax
3-14 assessor-collector.
3-15 (e) After the district has paid all its debts and has
3-16 disposed of all its assets and funds as prescribed by this section,
3-17 the board of directors shall file a written report with the
3-18 commissioners court of Montgomery County setting forth a summary of
3-19 the board of directors' actions in dissolving the district. Not
3-20 later than the 10th day after it receives the report and determines
3-21 that the requirements of this section have been fulfilled, the
3-22 commissioners court shall enter an order dissolving the district.
3-23 SECTION 2. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.