By Armbrister S.B. No. 21
75R5028 SAW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of the Jackson County Hospital District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 275, Acts of the 66th Legislature,
1-5 Regular Session, 1979, is amended by amending Sections 5 and 9 and
1-6 by adding Sections 4A, 4B, and 8A to read as follows:
1-7 Sec. 4A. (a) Notwithstanding Section 4 of this Act, the
1-8 board, on its own motion, may order that the members of the board
1-9 serve staggered three-year or four-year terms.
1-10 (b) If the board orders staggered three-year terms, the
1-11 members of the board are to be elected as follows:
1-12 (1) if the first election that occurs at least 120
1-13 days after the date on which an order under Subsection (a) is
1-14 entered is an election in an even-numbered year:
1-15 (A) the four directors elected at that first
1-16 even-numbered year election shall draw lots to determine the three
1-17 directors that serve three-year terms and the director that serves
1-18 a two-year term;
1-19 (B) the at-large director elected at the first
1-20 odd-numbered year election after the order to change the terms
1-21 shall serve a three-year term; and
1-22 (C) the four other directors elected at the
1-23 first odd-numbered year election after the order to change the
1-24 terms shall draw lots to determine which two directors serve
2-1 three-year terms and which two directors serve one-year terms;
2-2 (2) if the first election that occurs at least 120
2-3 days after the date on which an order under Subsection (a) is
2-4 entered is an election in an odd-numbered year:
2-5 (A) the at-large director elected at that first
2-6 odd-numbered year election serves a three-year term;
2-7 (B) the four other directors elected at that
2-8 first odd-numbered year election shall draw lots to determine the
2-9 two directors that serve three-year terms and the two directors
2-10 that serve two-year terms; and
2-11 (C) the four directors elected at the first
2-12 even-numbered year election after the order to change the terms
2-13 shall draw lots to determine which three directors serve three-year
2-14 terms and which director serves a one-year term.
2-15 (c) If the board orders four-year terms, the members of the
2-16 board are to be elected in accordance with Section 285.081, Health
2-17 and Safety Code.
2-18 (d) After an initial change under this section from
2-19 staggered two-year terms, the board may not change the terms again.
2-20 Sec. 4B. (a) In a general or special election of directors,
2-21 a write-in vote may not be counted unless the name written in
2-22 appears on the list of write-in candidates.
2-23 (b) To be entitled to a place on the list of write-in
2-24 candidates, a candidate must make a declaration of write-in
2-25 candidacy.
2-26 (c) A declaration of write-in candidacy must be filed with
2-27 the secretary of the board of directors not later than 5 p.m. of
3-1 the 45th day before election day. However, if a candidate whose
3-2 name is to appear on the ballot dies or is declared ineligible
3-3 after the 48th day before election day, a declaration of write-in
3-4 candidacy for the office sought by the deceased or ineligible
3-5 candidate may be filed not later than 5 p.m. of the 42nd day before
3-6 election day.
3-7 (d) Subchapter B, Chapter 146, Election Code, applies to
3-8 write-in voting in an election of directors except to the extent of
3-9 a conflict with this section.
3-10 (e) Subchapter C, Chapter 2, Election Code, applies to the
3-11 election of unopposed candidates for the board of directors.
3-12 Sec. 5. The board shall manage, control, and administer the
3-13 hospital system and all funds and resources of the district, but in
3-14 no event shall any operating, depreciation, or building reserves be
3-15 invested in any funds or securities other than those specified in
3-16 Article 836 or 837, Revised Civil Statutes of Texas, 1925, as
3-17 amended. The district through its board may sue and be sued and
3-18 may promulgate rules governing the operation of the hospital, the
3-19 hospital system, its staff, and its employees. The board may
3-20 appoint a qualified administrator or assistant administrator for
3-21 each hospital of the district and an attorney may be appointed for
3-22 the district. The administrators, the attorney, and the assistant
3-23 administrators, if any, shall serve at the will of the board and
3-24 shall receive the compensation determined by the board. An
3-25 administrator shall, on assuming his or her duties, execute a bond
3-26 payable to the hospital district in an amount to be set by the
3-27 board, in no event less than $5,000, conditioned that he or she
4-1 shall perform the duties required of him or her, and containing
4-2 such other conditions as the board may require. The expense of the
4-3 bond may be paid from funds of the district. The administrator
4-4 shall supervise all the work and activities of his or her hospital
4-5 and shall have general direction of the affairs of his or her
4-6 hospital, subject to the limitations as may be prescribed by the
4-7 board. The board may appoint to the staff doctors it may deem
4-8 necessary for the efficient operation of the district and may
4-9 provide for temporary appointments to the staff if warranted by
4-10 circumstances. The board may delegate to an administrator the
4-11 authority to employ doctors, technicians, nurses, and employees of
4-12 the district or of his or her hospital. The board may contract
4-13 with other political subdivisions or governmental agencies whereby
4-14 the district will provide investigatory or other services as to
4-15 facilities for the medical care, hospital, or welfare needs of the
4-16 inhabitants of the district and may contract with any county or
4-17 incorporated municipality located outside its boundaries for
4-18 reimbursement for the care and treatment of the sick, deceased, or
4-19 injured persons of that county or municipality. The district may
4-20 also contract with the state or agencies of the federal government
4-21 for the reimbursement for the treatment of sick, diseased, or
4-22 injured persons. The district may provide health care services
4-23 outside the geographic boundaries of the district provided that the
4-24 services serve the purposes of the district.
4-25 Sec. 8A. The district may incur indebtedness or borrow money
4-26 for district purposes on the credit of the district or secured by
4-27 the revenues of a district hospital.
5-1 Sec. 9. (a) The district may sell or otherwise dispose of
5-2 any real or personal property or equipment of any nature on terms
5-3 and conditions found by the board to be in the best interests of
5-4 its inhabitants, except that the board may not sell or close a
5-5 hospital transferred to the district by Jackson County or the Edna
5-6 Hospital District unless the sale or closing of the hospital is
5-7 approved by a two-thirds majority of the qualified electors of the
5-8 district voting at an election called and held for that purpose.
5-9 The board may not call an election on the question of the sale or
5-10 closing of one of those hospitals without the concurrence of seven
5-11 directors and may not call an election for that purpose within 12
5-12 months of a preceding election for that purpose.
5-13 (b) The board may prescribe the method and manner of making
5-14 purchases and expenditures by and for the hospital district and may
5-15 prescribe all accounting and control procedures. Contracts for
5-16 construction involving the expenditure of more than $10,000 may be
5-17 made only after advertising in the manner provided by Chapter 271,
5-18 Local Government Code [163, General Laws, Acts of the 42nd
5-19 Legislature, Regular Session, 1931, as amended (Article 2368a,
5-20 Vernon's Texas Civil Statutes)]. The provisions of Article 5160,
5-21 Revised Civil Statutes of Texas, 1925, as amended, relating to
5-22 performance and payment bonds shall apply to construction contracts
5-23 let by the district. The district may acquire equipment for use in
5-24 its hospital system and mortgage or pledge the property acquired as
5-25 security for the payment of the purchase price. Except as
5-26 permitted in the preceding sentence and Sections 7 and 8 of this
5-27 Act, the district may incur no obligation payable from revenues of
6-1 the district, tax or otherwise, except those on hand or to be on
6-2 hand within the then current and following fiscal years of the
6-3 district.
6-4 (c) Subject to the Texas Health Planning and Development
6-5 Act, as amended (Article 4418h, Vernon's Texas Civil Statutes),
6-6 after providing for the interest and sinking funds requirement of
6-7 the bonded indebtedness created by the Edna Hospital District and
6-8 assumed by the Jackson County Hospital District and further
6-9 providing for any tax revenue that may be required to support
6-10 operations expense, together with annual maintenance requirements
6-11 for each facility, the board shall allocate to the hospital
6-12 transferred to the district by Jackson County an amount not to
6-13 exceed the next $150,000 of tax income available for repairs and
6-14 improvements required to maintain operations during each of the
6-15 three years following creation of the district. A similar
6-16 additional allocation may be made for the hospital located in Edna
6-17 in the event the board determines that need therefor exists.
6-18 SECTION 2. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.