By: Galloway S.B. No. 1957
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the dissolution of the Montgomery County Hospital
1-2 District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 258, Acts of the 65th Legislature,
1-5 Regular Session, 1977, is amended by adding Sections 23A and 23B to
1-6 read as follows:
1-7 Sec. 23A. (a) The district may be dissolved as provided by
1-8 this section.
1-9 (b) The board of directors may order an election on the
1-10 question of dissolving the district and disposing of the district's
1-11 assets and obligations. The board of directors shall order an
1-12 election if the board of directors receives a petition requesting
1-13 an election that is signed by a number of residents of the district
1-14 equal to at least 15 percent of the registered voters in the
1-15 district.
1-16 (c) The election shall be held not later than the 60th day
1-17 after the date on which the election is ordered. Section
1-18 41.001(a), Election Code, does not apply to an election ordered
1-19 under this section.
1-20 (d) The ballot for the election shall be printed to permit
1-21 voting for or against the proposition: "The dissolution of the
2-1 Montgomery County Hospital District." The election shall be held
2-2 in accordance with the applicable provisions of the Election Code.
2-3 (e) If a majority of the votes in the election favor
2-4 dissolution, the board of directors shall find that the district is
2-5 dissolved. If a majority of the votes in the election do not favor
2-6 dissolution, the board of directors shall continue to administer
2-7 the district and another election on the question of dissolution
2-8 may not be held before the first anniversary of the most recent
2-9 election to dissolve the district.
2-10 (f) If a majority of the votes in the election favor
2-11 dissolution, the board of directors shall transfer the land,
2-12 buildings, improvements, equipment, and other assets that belong to
2-13 the district to Montgomery County or another governmental entity in
2-14 the district or shall administer the property, assets, and debts in
2-15 accordance with Section 23B of this Act. If the district transfers
2-16 the land, buildings, improvements, equipment, and other assets to
2-17 Montgomery County or another governmental entity, the county or
2-18 entity assumes all debts and obligations of the district at the
2-19 time of the transfer and the district is dissolved.
2-20 Sec. 23B. (a) If the board of directors finds that the
2-21 district is dissolved but does not transfer the land, buildings,
2-22 improvements, equipment, and other assets to Montgomery County or
2-23 another governmental entity in the district, the board of directors
2-24 shall continue to control and administer the property, debts, and
2-25 assets of the district until all funds have been disposed of and
3-1 all district debts have been paid or settled.
3-2 (b) After the board of directors finds that the district is
3-3 dissolved, the board of directors shall:
3-4 (1) determine the debt owed by the district; and
3-5 (2) impose on the property included in the district's
3-6 tax rolls a tax that is in proportion of the debt to the property
3-7 value.
3-8 (c) The board of directors may institute a suit to enforce
3-9 payment of taxes and to foreclose liens to secure the payment of
3-10 taxes due the district.
3-11 (d) When all outstanding debts and obligations of the
3-12 district are paid, the board of directors shall order the secretary
3-13 to return the pro rata share of all unused tax money to each
3-14 district taxpayer. A taxpayer may request that the taxpayer's
3-15 share of surplus tax money be credited to the taxpayer's county
3-16 taxes. If a taxpayer requests the credit, the board of directors
3-17 shall direct the secretary to transmit the funds to the county tax
3-18 assessor-collector.
3-19 (e) After the district has paid all its debts and has
3-20 disposed of all its assets and funds as prescribed by this section,
3-21 the board of directors shall file a written report with the
3-22 commissioners court of Montgomery County setting forth a summary of
3-23 the board of directors' actions in dissolving the district. Not
3-24 later than the 10th day after it receives the report and determine
3-25 that the requirements of this section have been fulfilled, the
4-1 commissioners court shall enter an order dissolving the district.
4-2 SECTION 2. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended
4-7 and that this Act take effect and be in force from and after its
4-8 passage, and it is so enacted.