By Jones of Lubbock, Isett H.B. No. 962
76R2523 MDR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring voter approval for the lease or sale of a
1-3 certain facility owned and operated by the Lubbock County Hospital
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 10, Chapter 484, Acts of the 60th
1-7 Legislature, Regular Session, 1967, is amended to read as follows:
1-8 Sec. 10. CUMULATIVE POWERS. Subject to Section 10A of this
1-9 Act, the [The] board of managers, with the approval of the
1-10 commissioners court, shall have the power:
1-11 (a) To construct, condemn and purchase, purchase and
1-12 acquire, lease, add to, maintain, operate, develop and regulate,
1-13 sell, exchange and convey any and all lands, property, property
1-14 rights, equipment, hospital facilities and systems for the
1-15 maintenance of hospitals, buildings, structures, and any and all
1-16 other facilities and services the hospital district may require or
1-17 may have available to sell, lease or exchange;
1-18 (b) To further effectuate such powers, the board of
1-19 managers, with the approval of the commissioners court, may
1-20 cooperate and contract with the United States government, the State
1-21 of Texas, any municipality or other hospital district, or any
1-22 department of those governing bodies, or with any privately owned
1-23 or operated hospital, corporate or otherwise, which privately owned
1-24 or operated hospital is situated in the hospital district;
2-1 provided, in the opinion of the board of managers and of the
2-2 commissioners court, such a contract is deemed expedient and
2-3 advantageous to the hospital district under existing circumstances,
2-4 and be for such fair and reasonable compensation and on such other
2-5 terms and for such length of time as may be deemed to further and
2-6 assist the hospital district in performing its duty to provide
2-7 medical and hospital care to needy inhabitants of the county;
2-8 (c) To provide office space, equipment, supplies, and
2-9 services for the use of the county medical examiner's office for
2-10 medical, hospital, and other non-criminal-investigation-related
2-11 purposes.
2-12 SECTION 2. Chapter 484, Acts of the 60th Legislature,
2-13 Regular Session, 1967, is amended by adding Section 10A to read as
2-14 follows:
2-15 Sec. 10A. SALE OR LEASE OF CERTAIN FACILITY; ELECTION.
2-16 (a) The board of managers by resolution, and with the approval of
2-17 the commissioners court, may order the lease or sale of a facility
2-18 owned and operated by the hospital district as a teaching hospital
2-19 that is located on the campus of Texas Tech University, contingent
2-20 on voter approval at an election called and held for that purpose.
2-21 The resolution must include a finding by the board of managers that
2-22 the lease or sale is in the best interests of the residents of the
2-23 hospital district. As soon as possible after the board of managers
2-24 adopts the resolution, the Commissioners Court of Lubbock County
2-25 shall order an election on the question of leasing or selling the
2-26 facility.
2-27 (b) An election ordered under Subsection (a) of this section
3-1 shall be held on the first authorized uniform election date
3-2 prescribed by Subchapter A, Chapter 41, Election Code, that occurs
3-3 after the 45th day after the date the election is ordered.
3-4 (c) The ballot for the election shall be printed to permit
3-5 voting for or against the proposition: "Approving The ______
3-6 (Lease or Sale, as appropriate) of _________ (insert the name of
3-7 the facility)."
3-8 (d) The board of managers may lease or sell the facility
3-9 only if the majority of the votes cast at the election approve the
3-10 lease or sale.
3-11 (e) If the majority of the votes cast at the election do not
3-12 approve the lease or sale of the facility, another election to
3-13 approve the lease or sale, as appropriate, may not be held before
3-14 the first anniversary of the most recent election on the
3-15 proposition.
3-16 SECTION 3. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.