HBA-MPA H.B. 1374 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1374 By: Gallego County Affairs 4/16/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Val Verde County Hospital District operates under rules which have been amended in 1983, 1991, and 1997. The hospital board of directors has expressed the desire to make the rules consistent with current practices. C.S.H.B. 1374 modifies the qualifications of directors, establishes a new filing deadline for write-in candidates for hospital district elections, increases the maximum amount that the hospital board may purchase or expend without advertising, and subjects construction and purchasing expenditures greater than $15,000 to the advertising requirements practiced by counties throughout the state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 4(a), Chapter 658, Acts of the 64th Legislature, Regular Session, 1975, to prohibit a person from being appointed or elected as a member of the board of directors of the hospital district (board) if the person is a physician with staff privileges or a member of the medical staff of a district facility. SECTION 2. Amends Section 4A(c), Chapter 658, Acts of the 64th Legislature, Regular Session, 1975, to provide that a declaration of write-in candidacy for hospital district elections must be filed with the secretary of the board no later than the 35th, rather than the 45th, day before the election, or if a candidate on the ballot dies or is disqualified after the 38th, rather than the 48th, day before the election, such declaration may be filed no later than the 32nd, rather than the 42nd, day before the election. SECTION 3. Amends Section 11, Chapter 658, Acts of the 64th Legislature, Regular Session, 1975, to authorize contracts for construction involving expenditures of more than $15,000 only after advertising in the manner provided by Subchapter B (Competitive Bidding on Certain Public Works Contracts), Chapter 271, Local Government Code, or for all contracts for purchases involving expenditures over $15,000, rather than $5,000, only after advertising in the manner provided by Subchapter C (County Purchasing Act), Chapter 262, rather than Chapter 252 (Purchasing and Contracting Authority of Municipalities), Local Government Code. SECTION 4. Makes application of this Act prospective, and provides that a person who is serving on the board on the effective date of this Act is not prohibited from being reappointed or reelected if the person has the qualifications required under Section 4(a), Chapter 658, Acts of the 64th Legislature, Regular Session, 1975. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Adds to Section 4(a), the prohibition of a person being appointed or elected as a member of the board of directors of the hospital district if the person is a physician with staff privileges or a member of the medical staff of a district facility. SECTION 4. Adds provision making application of this Act prospective, and providing that a person serving on the board on the effective date of this Act is not prohibited from being reappointed or reelected if the person has the qualifications required under Section 4(a), Chapter 658, Acts of the 64th Legislature, Regular Session, 1975.