By Williams H.B. No. 1111
76R1515 SKT-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 5 percent of the total vote received in the
1-16 district by all the candidates for governor in the most recent
1-17 gubernatorial general election.
1-18 (c) The election shall be held not later than the 60th day
1-19 after the date on which the election is ordered. Section
1-20 41.001(a), Election Code, does not apply to an election ordered
1-21 under this section.
1-22 (d) The ballot for the election shall be printed to permit
1-23 voting for or against the proposition: "The dissolution of the
1-24 Montgomery County Hospital District." The election shall be held
2-1 in accordance with the applicable provisions of the Election Code.
2-2 (e) If a majority of the votes in the election favor
2-3 dissolution, the board of directors shall find that the district is
2-4 dissolved. If a majority of the votes in the election do not favor
2-5 dissolution, the board of directors shall continue to administer
2-6 the district and another election on the question of dissolution
2-7 may not be held before the first anniversary of the most recent
2-8 election to dissolve the district.
2-9 (f) If a majority of the votes in the election favor
2-10 dissolution, the board of directors shall transfer the land,
2-11 buildings, improvements, equipment, and other assets that belong to
2-12 the district to Montgomery County or another governmental entity in
2-13 the district or shall administer the property, assets, and debts in
2-14 accordance with Section 23B of this Act. If the district transfers
2-15 the land, buildings, improvements, equipment, and other assets to
2-16 Montgomery County or another governmental entity, the county or
2-17 entity assumes all debts and obligations of the district at the
2-18 time of the transfer and the district is dissolved.
2-19 Sec. 23B. (a) If the board of directors finds that the
2-20 district is dissolved but does not transfer the land, buildings,
2-21 improvements, equipment, and other assets to Montgomery County or
2-22 another governmental entity in the district, the board of directors
2-23 shall continue to control and administer the property, debts, and
2-24 assets of the district until all funds have been disposed of and
2-25 all district debts have been paid or settled.
2-26 (b) After the board of directors finds that the district is
2-27 dissolved, the board of directors shall:
3-1 (1) determine the debt owed by the district; and
3-2 (2) impose on the property included in the district's
3-3 tax rolls a tax that is in proportion of the debt to the property
3-4 value.
3-5 (c) The board of directors may institute a suit to enforce
3-6 payment of taxes and to foreclose liens to secure the payment of
3-7 taxes due the district.
3-8 (d) When all outstanding debts and obligations of the
3-9 district are paid, the board of directors shall order the secretary
3-10 to return the pro rata share of all unused tax money to each
3-11 district taxpayer. A taxpayer may request that the taxpayer's
3-12 share of surplus tax money be credited to the taxpayer's county
3-13 taxes. If a taxpayer requests the credit, the board of directors
3-14 shall direct the secretary to transmit the funds to the county tax
3-15 assessor-collector.
3-16 (e) After the district has paid all its debts and has
3-17 disposed of all its assets and funds as prescribed by this section,
3-18 the board of directors shall file a written report with the
3-19 commissioners court of Montgomery County setting forth a summary of
3-20 the board of directors' actions in dissolving the district. Not
3-21 later than the 10th day after it receives the report and determines
3-22 that the requirements of this section have been fulfilled, the
3-23 commissioners court shall enter an order dissolving the district.
3-24 SECTION 2. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.