By Bernsen S.B. No. 1675 76R6041 CMR-F 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 15 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.