By: Brown S.B. No. 1595
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 operation of the Angleton-Danbury Hospital
1-2 District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Chapter 120, Acts of the 60th
1-5 Legislature, Regular Section, 1967, is amended to read as follows:
1-6 Sec. 2. The District hereby authorized to be created shall
1-7 provide for the establishment of a hospital or hospital system
1-8 within its boundaries to furnish health care services [medical and
1-9 hospital care] to persons residing in said District by the purchase,
1-10 construction, acquisition, repair or renovation of buildings and
1-11 improvements and the equipping of same and the administration
1-12 thereof for hospital purposes. Such District shall assume full
1-13 responsibility for providing medical and hospital care for its
1-14 needy inhabitants. The hospital system may include facilities,
1-15 equipment, and services to provide for domiciliary care and
1-16 treatment of sick, injured, or geriatric patients, outpatient
1-17 clinics, rural health clinics, convalescent home facilities,
1-18 assisted living or personal care facilities, physician's offices,
1-19 home health care services, durable medical equipment, long term
1-20 care, skilled nursing care, intermediate nursing care, preventive
1-21 care services, ancillary support, pharmacies, hospice care,
1-22 community mental health centers, alcohol or chemical dependency
2-1 centers, or any other facility or equipment the board considers
2-2 necessary or appropriate for providing health care services. The
2-3 district may also operate or assist in the operation of a mobile
2-4 emergency medical service as part of the hospital system. Since
2-5 there is no hospital, hospital system or hospital facilities of any
2-6 nature presently owned by Brazoria County or any city or town
2-7 within the boundaries of said District, no provisions are made
2-8 herein for the transfer of properties or equipment or the
2-9 assumption of outstanding indebtedness heretofore incurred for
2-10 hospital purposes. After establishment of such District, no other
2-11 municipality or political subdivision in Brazoria County shall have
2-12 the power to levy taxes or issue bonds or other obligations for
2-13 hospital purposes or for providing medical care within the
2-14 boundaries of the District.
2-15 SECTION 2. Section 4, Chapter 120, Acts of the 60th
2-16 Legislature, Regular Session, 1967, is amended to read as follows:
2-17 Sec. 4. For the purpose of electing a District Board of
2-18 Directors, said District is hereby divided into the following three
2-19 (3) areas: Area Angleton, which shall be composed of all that
2-20 territory within Brazoria County Voting Precincts Nos. 1, 2 and 5
2-21 which lies within the boundaries of the Angleton Independent School
2-22 District and that part of Brazoria County Voting Precinct No. 6
2-23 which is west of Chocolate Bayou and within the boundaries of, said
2-24 Angleton Independent School District; Area Danbury, which shall be
2-25 composed of all that territory comprising the Danbury Independent
2-26 School District: and Area Rosharon, which shall be composed of all
3-1 that territory within Brazoria County Voting Precinct No. 9 which
3-2 is not within the boundaries of the Danbury Independent School
3-3 District and all that territory within Brazoria County Voting
3-4 Precinct No. 21 which is not within the boundaries of the Manvel
3-5 Independent School District. The boundaries of said areas shall be
3-6 fixed as of January 1, 1967, and subsequent changes of the
3-7 boundaries of county voting precincts and/or school districts shall
3-8 not affect or change the boundaries of said areas as herein set
3-9 forth.
3-10 The management and control of said District is hereby and
3-11 shall be vested in a Board of Directors, which Board shall be
3-12 composed of nine (9) persons. Except for the first Board of
3-13 Directors, one member shall be a resident of [and own taxable
3-14 property in] Area Angleton (said member to be known as "Director,
3-15 Position No. 1");. one member shall be a resident of [and own
3-16 taxable property in] Area Angleton (said member to be known as
3-17 "Director, Position No. 2"); one member shall be a resident of [and
3-18 own taxable property in] Area Angleton (said member to be known as
3-19 "Director, Position No. 3"); one member shall be a resident of [and
3-20 own taxable property in] Area Angleton (said member to be known as
3-21 "Director, Position No. 4"); one member shall be a resident of [and
3-22 own taxable property in] Area Angleton (said member to he known as
3-23 "Director, Position No. 5"); one member shall be a resident of [and
3-24 own taxable property in] Area Danbury (said member to be known as
3-25 "Director, Position No. 6") one member shall be a resident of [and
3-26 own taxable property in] Area Danbury (said member to be known as
4-1 "Director, Position No. 7"); one member shall be a resident of and
4-2 own taxable property in Area Rosharon (said member to be known as
4-3 "Director, Position No. 8"); and one member shall be a resident of
4-4 [and own taxable property in] the District at large (said member to
4-5 be known as "Director, Position No. 9"). At all directors
4-6 elections, all qualified voters in the District shall be permitted
4-7 to vote for directors.
4-8 Each [The following persons are hereby appointed to serve as
4-9 the District's first Board of directors: George Kennedy, Leeric
4-10 Giese, James Holcombe, Frank T. Smith, Al Waldrop, E. E. Brewer,
4-11 J.W. Jolley, Mrs. Edith Gundy and Clyde W. Neal. As soon as
4-12 practicable after the effective date of this Act, each] member of
4-13 the [said] Board shall execute the Constitutional oath of office and
4-14 by making a good and sufficient bond, to be improved by the
4-15 Commissioners Court of Brazoria County, Texas, for $5,000 payable
4-16 to said District and conditioned upon the faithful performance of
4-17 his duties as such Director, and such oaths and bonds shall be kept
4-18 in the permanent records of said District. The [Except for said
4-19 first Board of Directors, the] bonds of said Directors shall be
4-20 approved by the District's Board of Directors. [Said first Board of
4-21 Directors shall serve until the first election of Directors, as
4-22 provided in this Act, and until their successors are elected and
4-23 qualified.]
4-24 At said creation and tax levy election mentioned in Section 3
4-25 hereof, there shall also be submitted to the resident qualified
4-26 electors of said proposed District a separate ballot continuing the
5-1 names of all qualified persons who shall file their applications
5-2 with the Secretary of the District's Board of Directors, not later
5-3 than twenty (20) days prior to the date set for said election, to
5-4 have their names placed on said ballot for election to the
5-5 District's Board of Directors. Each said application shall
5-6 designate the number of the Director's position for which said
5-7 application is made. The offices of Directors of Positions Nos. 1,
5-8 3, 5, 7 and 9 shall be filled by the five persons respectively
5-9 receiving the largest number of votes cast for Director for each
5-10 respective position, and said persons shall serve until the second
5-11 Tuesday in January 1968, and until their successors are elected and
5-12 qualified. At that time a general election shall be held in said
5-13 District, and the five persons respectively receiving the largest
5-14 number of votes cast for Director for each respective position
5-15 shall serve for two years and until their successors are elected
5-16 and qualified. The offices of Directors of Positions Nos. 2, 4, 6
5-17 and 8 shall be filled by the four persons respectively receiving
5-18 the largest number of votes cast for Director for each respective
5-19 position, and said persons shall serve until the second Tuesday in
5-20 January 1969, and until their successors are elected and qualified.
5-21 At that time a general election shall be held in said District, and
5-22 the four persons respectively receiving the largest number of votes
5-23 cast for each respective position shall serve for two years and
5-24 until their successors are elected and qualified. Thereafter, a
5-25 general election shall be held in said District each year for five
5-26 Directors and four Directors, respectively, and the term of office
6-1 of each such Director shall be for a term of two years and until
6-2 his successor is elected and qualified.
6-3 SECTION 3. Section 7A, Chapter 217, Acts of the 72nd
6-4 Legislature, Regular Session, 1991, is amended to read as follows:
6-5 Sec. 7A. (a) The board of directors may enter into an
6-6 operating, management or consulting contract to obtain management
6-7 or consulting services for the District or for any portion of the
6-8 District The contract must provide that the board retains
6-9 responsibility for and control of the District's operation. A
6-10 company providing services to the District under an operating,
6-11 management or consulting contract, and the officers, directors, and
6-12 employees of the company, while performing services under the
6-13 contract for the benefit of the District shall be solely employees
6-14 of the District regarding the issue of the immunity or liability of
6-15 the company and its officers, directors, and employees, and shall
6-16 have immunity or limited liability under laws applicable to
6-17 employees of the hospital district (whether statutory or common
6-18 law) to the extent an employee of the hospital district would be so
6-19 entitled under the same circumstances.
6-20 (b) The district, subject to the approval of the board of
6-21 directors, may provide primary care, emergency services, preventive
6-22 medical services, and other health related services outside the
6-23 district, provided that the services serve the purpose of the
6-24 district as established by this Act.
6-25 (c) The board of directors may spend district funds, enter
6-26 into agreements and take other necessary action to recruit
7-1 physicians and other persons to serve as medical staff members or
7-2 employees of the district, including:
7-3 (1) advertising and marketing,
7-4 (2) paying travel, recruitment and relocation
7-5 expenses, and
7-6 (3) providing a loan or scholarship to a physician, or
7-7 a person currently enrolled in health care education courses at an
7-8 institution of higher education, who contractually agrees to become
7-9 a district employee or medical staff member.
7-10 (d) The board of directors may spend district funds, enter
7-11 into agreements, and take other necessary action to conduct
7-12 participate in, or otherwise assist in providing health care
7-13 educational programs for current or prospective medical staff
7-14 members or employees of the district.
7-15 (e) The board of directors may provide retirement benefits
7-16 for employees of the district by establishing or administering a
7-17 retirement program or by participating in the Texas County and
7-18 District Retirement System or in another statewide retirement
7-19 system in which the district is eligible to participate.
7-20 SECTION 4. Section 9, Chapter 271, Acts of the 62nd
7-21 Legislature, Regular Session, 1971, is amended to read as follows:
7-22 Sec. 9. The Tax Code governs the appraisal, assessments, and
7-23 collection of District taxes. The Board may provide for the
7-24 appointment of a tax assessor-collector for the District or may
7-25 contract for the assessment and collection of taxes as provided by
7-26 the Tax Code. [The board of directors of the district shall
8-1 designate as its assessor and collector of taxes for the district
8-2 the county tax assessor and collector and the board of directors
8-3 may require that all of the property in the district subject to
8-4 district taxation shall be assessed at a greater rate of value than
8-5 the same property is assessed for state and county purpose provided
8-6 that the aggregate total of the assessed valuation of all such
8-7 property shall not exceed a sum equal to 150% of the aggregate
8-8 total the assessed valuation of all such property as reflected by
8-9 the tax rolls of Brazoria County for the calendar year 1970; except
8-10 that when the aggregate total of the assessed valuation of all such
8-11 property as assessed for state and county purposes shall have
8-12 reached a sum equal to 150% of the aggregate total of the assessed
8-13 valuation of all such property as reflected by the tax rolls of
8-14 Brazoira County for the calendar year 1970, then thereafter the tax
8-15 rolls of Brazoria County as they relate to such proper shall be and
8-16 shall constitute the tax rolls for the district and all tax
8-17 valuations for the district and for the county shall thereafter be
8-18 the same. Not later than October I of each year the board of
8-19 directors shall levy the tax on all property within the district
8-20 which is subject to taxation and shall immediately certify the rate
8-21 of such tax to the county tax assessor collector. The tax so
8-22 levied shall be collected by said assessor collector in the same
8-23 manner and under the same conditions as Brazoria County taxes.]
8-24 [The board of directors of the district shall pay annually to
8-25 Brazoria County an amount equal to 1 1/2% of the amount of taxes
8-26 annually collected by said county tax assessor collector on behalf
9-1 of the district. The county tax assessor collector shall turn over
9-2 all district taxes collected by him to the official depository of
9-3 the district.]
9-4 [The tax collection shall be deposited in the district's
9-5 depository and may be withdrawn as directed by said district's
9-6 board of directors. All other income of such district shall be
9-7 deposited in said depository. Said board shall have authority to
9-8 levy said tax for te entire year in which said district is
9-9 established to obtain funds to initiate the operation of the
9-10 district.]
9-11 SECTION 5. Section 12, Chapter 120, Acts of the 60th
9-12 Legislature, Regular Session, 1967, is amended to read as follows:
9-13 Sec. 12. The Board of Directors shall have the power and
9-14 authority to issue and sell, as the obligation of such District,
9-15 and in the name and upon the faith and credit of such District,
9-16 bonds for the purchase, construction, acquisition, repair or
9-17 renovation of buildings and improvements and equipping the same for
9-18 hospital purposes and for any or all of such purposes. Said bonds
9-19 shall be sold at such time or times, in such manner, at such price
9-20 and on such terms as may be determined by said Board. A sufficient
9-21 annual tax shall be levied to create an interest and sinking fund
9-22 to pay the interest on and principal of said bonds as same mature,
9-23 providing said tax together with any other taxes levied for said
9-24 District shall not exceed a rate of seventy-five cents (75 ) on the
9-25 $100 valuation of all taxable property within said District in any
9-26 one year. Such bonds shall be executed in the name of the District
10-1 and on its behalf by the president of the Board of Directors,
10-2 countersigned by the secretary of said Board, and shall be subject
10-3 to the same requirements in the manner of approval thereof by the
10-4 Attorney General of the State of Texas and the registration thereof
10-5 by the Comptroller of Public Accounts of the State of Texas as are
10-6 by law provided for such approval and registration of bonds of
10-7 counties of this state. Upon the approval of such bonds by the
10-8 Attorney General of Texas and registration by the Comptroller, the
10-9 same shall be incontestable for any cause. Until such time as the
10-10 bond proceeds are needed to carry out the bond purpose, such
10-11 proceeds may be invested in securities of the United States
10-12 Government and Federal Agencies or may be placed on time deposit or
10-13 in Certificates of Deposit, any or all. No bonds (except refunding
10-14 bonds) shall be issued by such District until authorized by a
10-15 majority vote of the duly qualified resident electors of said
10-16 District, [who own taxable property within said district and who
10-17 have duly rendered the same for taxation,] voting in an election
10-18 called and held for such purpose. Such election shall be called by
10-19 the Board of Directors on its own motion (except as provided in
10-20 Section 6), and the order calling said election shall specify the
10-21 date of same, the place or places where the election shall be held,
10-22 the presiding officers thereof, the purpose for which the bonds are
10-23 to be issued, the amount thereof, maximum interest (not to exceed
10-24 six per cent (6%) per anum), and the maximum maturity date of such
10-25 bonds (not to exceed forty (40) years from their date or dates of
10-26 issuance). Notice of said election shall be given by publishing a
11-1 substantial copy of the order calling the election in a newspaper
11-2 of general circulation within the area of such District in
11-3 accordance with the Election Code, Section 4.003(a)(1) [once a week
11-4 for two (2) consecutive weeks, the date of the first publication to
11-5 be at least (14) days prior to the date set for said election].
11-6 Said bonds may be made optional for redemption prior to their
11-7 maturity date at the discretion of the Board of Directors. The
11-8 District may, without election, issue bonds to refund and/or pay
11-9 off any validly issued and outstanding District bonds, provided
11-10 that such refunding bonds shall bear interest at the same rate or
11-11 at a lesser rate than the bonds being refunded, unless it be shown
11-12 mathematically that a savings will result in the total amount of
11-13 interest to be paid.
11-14 SECTION 6. Section 12A, Chapter 216, Acts of the 72nd
11-15 Legislature, Regular Session, 1991, is amended to read as follows:
11-16 Sec. 12A. (a) The Board of Directors shall determine the
11-17 type, number, and location of buildings required to establish and
11-18 maintain office facilities for staff physicians as necessary to
11-19 provide adequate medical care.
11-20 (b) The Board of Directors may acquire property and
11-21 equipment and construct facilities for the District for use by
11-22 staff physicians and may mortgage or pledge the property,
11-23 facilities;, or equipment, acquired as security for the payment of
11-24 the purchase price or construction cost.
11-25 (c) The Board, on behalf of the District may lease the
11-26 office facilities and equipment to staff physicians or may sell or
12-1 otherwise dispose of the property, facilities, and equipment
12-2 (d) The Board may issue revenue and refunding bonds -to
12-3 establish and maintain office facilities; for staff physicians
12-4 under this section. The bonds must be payable from and secured by
12-5 a pledge of all or part of the district revenues from, the
12-6 operation of district facilities. The bonds must be issued in
12-7 accordance with Sections 264.042-264.047(a), 264-048, and 264-049,
12-8 Health and Safety Code, and with the effect specified by Section
12-9 264.050, Health and Safety Code.
12-10 (e) The Board of Directors shall have the power to issue
12-11 revenue bonds in the name and upon the faith and credit of such
12-12 hospital district for the purpose of purchasing, constructing,
12-13 repairing, renovating or acquiring buildings, sites, or
12-14 improvements and equipping the same for hospitals and the hospital
12-15 system. The bonds shall be payable from and secured by a pledge of
12-16 all or part of the revenues derived from the operation of the
12-17 District's hospital system. The bonds may be additionally secured
12-18 by a mortgage or deed of trust on all or part of District property.
12-19 The revenue bonds shall be issued in the manner provided by
12-20 Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
12-21 Texas Health and Safety Code, for the issuance of revenue bonds by
12-22 county hospital authorities.
12-23 SECTION 7. Chapter 120, Acts of the 60th Legislature,
12-24 Regular Session, 1967, is amended by adding Section 12C to read as
12-25 follows:
12-26 Sec. 12C. (a) If the Board of Directors declares that funds
13-1 are not available to meet the lawfully authorized obligations of
13-2 the District and that an emergency exists, the Board may borrow
13-3 money at a rate not to exceed the maximum annual percentage rate
13-4 allowed by law for District obligations at the time of the loan.
13-5 (b) To secure a loan, the Board may pledge:
13-6 (1) the revenues of the District that are not pledged
13-7 to pay the bonded indebtedness of the district;
13-8 (2) District taxes to be levied by the District during
13-9 the 12-month period following the date of the pledge that are not
13-10 pledged to pay the principal of or interest on District bonds; or
13-11 (3) District bonds that have been authorized but not
13-12 sold.
13-13 (c) A loan for which taxes or bonds are pledged shall mature
13-14 not later than the first anniversary of the date on which the loan
13-15 is made. A loan for which District revenues are pledged shall
13-16 mature not later than the fifth anniversary of the date on which
13-17 the loan is made.
13-18 (d) The Board may not spend money obtained from a loan under
13-19 this section for any purpose other than the purpose for which the
13-20 Board declared an emergency. If taxes or bonds are pledged to pay
13-21 the loan, the Board may not spend the loan proceeds other than for
13-22 the purpose for which the taxes were levied or the bonds were
13-23 authorized.
13-24 SECTION 8. Chapter 120, Acts of the 60th Legislature,
13-25 Regular Session, 1967, is amended by adding Section 12D to read as
13-26 follows:
14-1 Sec. 12D. (a) The Board may borrow money at a rate not to
14-2 exceed the maximum annual percentage rate allowed by law for
14-3 District obligations at the time of the loan.
14-4 (b) To secure a loan, the Board may pledge:
14-5 (1) the revenues of the District that are not pledged
14-6 to pay the bonded indebtedness of the district;
14-7 (2) District taxes to be levied by the District during
14-8 the 12-month period following the date of the pledge that are not
14-9 pledged to pay the principal of or interest on District bonds; or
14-10 (3) District bonds that have been authorized but not
14-11 sold.
14-12 (c) A loan for which taxes or bonds are pledged shall mature
14-13 not later than the first anniversary of the date on which the loan
14-14 is made. A loan for which District revenues are pledged shall
14-15 mature not later than the fifth anniversary of the date on which
14-16 the loan is made.
14-17 SECTION 9. Chapter 120, Acts of the 60th Legislature,
14-18 Regular Session, 1967, is amended by adding Section 15A to read as
14-19 follows:
14-20 Sec. 15A. (a) The District may be dissolved only if the
14-21 dissolution is approved by a majority of the qualified voters of
14-22 the District voting in an election called and held for that
14-23 purpose.
14-24 (b) The Board may order an election on the question of
14-25 dissolving the District and disposing of the district's assets and
14-26 obligations. The Board shall order an election if the Board
15-1 receives a petition requesting an election that is signed by a
15-2 number of residents of the District equal to at least 15 percent of
15-3 the registered voters in the District.
15-4 (c) The election shall be held not later than the 60th day
15-5 after the date the election is ordered. Section 41.001(a),
15-6 Election Code, does not apply to an election ordered under this
15-7 section. The order calling the election shall state:
15-8 (1) the nature of the election, including the
15-9 proposition that is to appear on the ballot;
15-10 (2) the date of the election;
15-11 (3) the hours during which the polls will be open; and
15-12 (4) the location of the polling places.
15-13 (d) The Board shall give notice of the election by
15-14 publishing a substantial copy of the election order in a newspaper
15-15 with general circulation in the District once a week for two
15-16 consecutive weeks. The first publication must appear not less than
15-17 35 days before the date set for the election. The ballot for the
15-18 election shall be printed to permit voting for or against the
15-19 proposition: "The dissolution of the Angleton-Danbury Hospital
15-20 District."
15-21 (e) If a majority of the votes in the election favor
15-22 dissolution, the Board shall find that the District is dissolved.
15-23 If a majority of the votes in the election do not favor
15-24 dissolution, the Board shall continue to administer the district,
15-25 and another election on the question of dissolution may not be held
15-26 before the first anniversary of the most recent election to
16-1 dissolve the District.
16-2 (f) If a majority of the votes in the election favor
16-3 dissolution, the Board shall:
16-4 (1) transfer the land, buildings, improvements,
16-5 equipment, and other assets that belong to the District to a county
16-6 or another governmental entity in the county in which the District
16-7 is located; or
16-8 (2) administer the property, assets, and debts until
16-9 all funds have been disposed of and all District debts have been
16-10 paid or settled.
16-11 (g) If the District transfers the land, buildings,
16-12 improvements, equipment, and other assets to a county or other
16-13 governmental entity, the county or entity assumes all debts and
16-14 obligations of the District at the time of the transfer, and the
16-15 District is dissolved.
16-16 (h) After the Board finds that the District is dissolved,
16-17 the Board shall:
16-18 (1) determine the debt owed by the District; and
16-19 (2) impose on the property included in the District's
16-20 tax rolls a tax that is in proportion included in the District's
16-21 tax rolls a tax that is in proportion of the debt to the property
16-22 value.
16-23 (i) When all outstanding debts and obligations of the
16-24 District are paid, the Board shall order the secretary to return
16-25 the pro rata share of all unused tax money to each District
16-26 taxpayer.
17-1 (j) A taxpayer may request that the taxpayer's share of
17-2 surplus tax money be credited to the taxpayer's county taxes. If a
17-3 taxpayer requests the credit, the Board shall direct the secretary
17-4 to transmit the funds to the county tax assessor-collector.
17-5 (k) After the District has paid all its debts and has
17-6 disposed of all its assets and funds as prescribed by this section,
17-7 the Board shall file a written report with the Commissioners Court
17-8 of Brazoria County setting forth a summary of the Board's actions
17-9 in dissolving the District.
17-10 (l) Not later than the 10th day after the date it receives
17-11 the report and determines that the requirements of this section
17-12 have been fulfilled, the Commissioners Court of Brazoria County
17-13 shall enter an order dissolving the District and releasing the
17-14 Board of Directors of the District from any further duty or
17-15 obligation.
17-16 (m) Notwithstanding any other provisions of this Act, the
17-17 District may not be dissolved unless the Board provides for the
17-18 sale or transfer of the District's assets and liabilities to
17-19 another person or entity. The dissolution of the District and the
17-20 sale or transfer of the District's assets or liabilities may not
17-21 contravene a trust indenture or bond resolution relating to the
17-22 outstanding bonds of the District. The dissolution and sale or
17-23 transfer does not diminish or impair the rights of a holder of an
17-24 outstanding bond, warrant, or other obligation of the District.
17-25 (n) The sale or transfer of the District's assets and
17-26 liabilities must satisfy the debt and bond obligations of the
18-1 District in a manner that protects the interests of the residents
18-2 of the District, including the residents' collective property
18-3 rights in the District's assets. A grant from federal funds is an
18-4 obligation to be repaid in satisfaction. The District may not
18-5 transfer or dispose of the District's assets except for due
18-6 compensation unless the transfer is made to another governmental
18-7 entity that serves the District and the transferred assets are to
18-8 be used for the benefit of the residents of the District.
18-9 SECTION 10. This Act takes effect September 1, 1999.
18-10 SECTION 11. The importance of this legislation and the
18-11 crowded condition of the calendars in both houses create an
18-12 emergency and an imperative public necessity that the
18-13 constitutional rule requiring bills to be read on three several
18-14 days in each house be suspended, and this rule is hereby suspended.