1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 3122
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 6, 1999, reported favorably by the
1-5 following vote: Yeas 5, Nays 0; May 6, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers, duties, and operations of the
1-9 Dallam-Hartley Counties Hospital District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 4, Chapter 128, Acts of the 66th
1-12 Legislature, Regular Session, 1979, is amended by adding
1-13 Subsections (d) and (e) to read as follows:
1-14 (d) The district may contract with, affiliate with, have an
1-15 ownership interest in, or enter into another arrangement with a
1-16 managed care system, a preferred provider organization, a health
1-17 maintenance organization, a medical services organization, another
1-18 provider of alternative health care or delivery system, or a
1-19 private hospital to jointly administer or deliver health care
1-20 services. The district may spend district funds to establish,
1-21 maintain, and have an ownership interest in partnerships,
1-22 corporations, or other entities involved in the delivery of health
1-23 care services.
1-24 (e) The district may sponsor, create, and have a membership
1-25 interest in a nonstock corporation under the Texas Non-Profit
1-26 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
1-27 Statutes) and may contribute funds to or solicit funds for the
1-28 corporation. The corporation may use funds, other than funds paid
1-29 by the corporation to the district, only to provide health care or
1-30 other services the district may provide under this Act. The board
1-31 of directors of the hospital district shall establish adequate
1-32 controls to ensure that the corporation uses its funds as required
1-33 by this subsection. The corporation may invest corporation funds
1-34 in any manner in which the district may invest funds, including
1-35 investing funds as authorized by Chapter 2256, Government Code.
1-36 SECTION 2. Section 8(b), Chapter 128, Acts of the 66th
1-37 Legislature, Regular Session, 1979, is amended to read as follows:
1-38 (b) The board may prescribe the method and manner of making
1-39 purchases and expenditures by and for the hospital district, and
1-40 may prescribe all accounting and control procedures. Contracts for
1-41 construction involving the expenditure of the amount specified by
1-42 Section 271.024, Local Government Code, [more than $10,000] may be
1-43 made only after advertising in the manner provided by Subchapter B,
1-44 Chapter 271, Local Government Code. The provisions of Chapter
1-45 2253, Government Code [Article 5160, Revised Civil Statutes of
1-46 Texas, 1925, as amended], relating to performance and payment
1-47 bonds [shall] apply to construction contracts let by the district.
1-48 The board may acquire by lease, purchase, or lease to purchase
1-49 property, facilities, supplies, or equipment. The board [and] may
1-50 mortgage or pledge the property, facilities, supplies, or equipment
1-51 and may pledge the revenues from the property, facilities,
1-52 supplies, or equipment as security for the payment of the purchase
1-53 price. Except as permitted in this subsection and Sections 4A, 6,
1-54 and 7 of this Act, the district may incur no obligation payable
1-55 from revenues of the district, tax or otherwise, except those on
1-56 hand or to be on hand within the then current and following fiscal
1-57 years of the district.
1-58 SECTION 3. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended,
1-63 and that this Act take effect and be in force from and after its
1-64 passage, and it is so enacted.
2-1 * * * * *