SRC-MKV H.B. 3132 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3132
77R11467 YDB-DBy: King, Phil (Haywood)
Intergovernmental Relations
5/2/2001
Engrossed


DIGEST AND PURPOSE 

The Gainesville and Muenster hospital districts are both located in Cooke
County. Due to the proximity of the districts, they are not eligible for
federal funding as regional providers of health services. The dissolution
of both districts and the creation of a single district in Cooke County
would enable the new district to receive federal funds and better serve the
health care needs of the residents of Cooke County. H.B. 3132 provides for
the submission to each district's voters propositions dissolving the
Gainesville and Muenster hospital districts and creating the Cooke County
Hospital District, and sets forth the powers and duties of the Cooke County
Hospital District.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Cooke County Hospital
District in SECTION 3.09 of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1. CHANGES RELATING TO GAINESVILLE HOSPITAL DISTRICT
 
SECTION 1.01. Amends Chapter 211, Acts of the 64th Legislature, Regular
Session, 1975, by adding Section 1A, as follows: 

Sec. 1A.  Provides that on the dissolution of the Gainesville Hospital
District and the approval of the creation of the Cooke County Hospital
District, a reference in this Act or in any other law to the Gainesville
Hospital District means the Cooke County Hospital District. 
 
SECTION 1.02.  Amends Chapter 211, Acts of the 64th Legislature, Regular
Session, 1975, by adding Section 18A, as follows: 

Sec. 18A.  DISSOLUTION OF DISTRICT IN EVENT OF DISSOLUTION OF MUENSTER
HOSPITAL DISTRICT AND CREATION OF COOKE COUNTY HOSPITAL DISTRICT.  (a)
Authorizes the Gainesville Hospital District,  notwithstanding the
provisions of any other section of this Act, to be dissolved as provided by
this section.  

(b)  Authorizes the board of directors to order an election on the question
of the dissolution of the Gainesville Hospital District, creation of the
Cooke County Hospital District, transfer of the Gainesville Hospital
District's assets and obligations to the Cooke County Hospital District,
and assumption by the Cooke County Hospital District of the Gainesville
Hospital District's outstanding debts.  

  (c)  Requires the board to order an election under certain conditions. 

(d)  Requires that if the board of directors orders an election under this
section, it promptly notify the board of directors of the Muenster Hospital
District of the election order.  
 
 (e)  Requires the election to be held not less than 45 or more than 60
days after the date on which an election is ordered and to be held on the
same date that the separate election in the Muenster Hospital District is
held.  Requires the board of directors to cooperate with the board of
directors of the Muenster Hospital District in setting the date of the
elections.  Provides that Section 41.001(a) (relating to Uniform Election
Dates), Election Code, does not apply to an election ordered under this
section.  

(f)   Requires the ballot to be printed to permit a person to vote for or
against the proposition and sets forth specific wording to be contained on
the ballot. 

 (g)  Requires the election to be held in accordance with the applicable
provisions of the Election Code except as provided by Subsections (e) and
(f) of this section. 

(h)  Provides that the Gainesville Hospital District is dissolved under
certain conditions. 
  
 (i)  Provides that the Gainesville Hospital District is not dissolved and
the board of directors is required to continue to administer the
Gainesville Hospital District if a majority of the voters in either the
Gainesville Hospital District or the Muenster Hospital District do not
favor the proposition on which they voted.  

 (j)  Requires that if the Gainesville Hospital District is dissolved under
this section, the board of directors orderly transfer the assets and
obligations of the Gainesville Hospital District to the Cooke County
Hospital District not later than the 180th day after the date of the
election.  

 (k)  Prohibits the board of directors from holding an election on the
question of dissolution under this section  and the creation of the Cooke
County Hospital District before the first anniversary of the most recent
election held under this section concerning the dissolution and the
creation of the Cooke County Hospital District. 

ARTICLE 2.  CHANGES RELATING TO MUENSTER HOSPITAL DISTRICT

SECTION 2.01. Amends Chapter 477, Acts of the 59th Legislature, Regular
Session, 1965, by adding Section 1A, as follows: 

Sec. 1A. Provides that on the dissolution of the Muenster Hospital District
and the approval of the creation of the Cooke County Hospital District, a
reference in this Act or in any other law to the Muenster Hospital District
means the Cooke County Hospital District. 
 
SECTION 2.02.  Amends Section 20b(e), Chapter 477, Acts of the 59th
Legislature, Regular Session, 1965, to require that if a majority of the
votes in the election favor dissolution, the Board shall find that the
District is dissolved.  Requires the Board, if a majority of the votes in
the election do not favor dissolution, to continue to administer the
District, and prohibits another election on the question of dissolution
under this section from being held before the first anniversary of the most
recent election held under this section to dissolve the District. 
 
SECTION 2.03. Amends Chapter 477, Acts of the 59th Legislature, Regular
Session, 1965, by adding Section 20c, as follows: 

Sec. 20c.  DISSOLUTION OF DISTRICT IN EVENT OF DISSOLUTION OF GAINESVILLE
HOSPITAL DISTRICT AND CREATION OF COOKE COUNTY HOSPITAL DISTRICT. (a)
Authorizes the Muenster Hospital District to be dissolved as provided by
this section, notwithstanding any other provision of this Act. 

 (b)  Authorizes the Board of Directors of the Muenster District (Board) to
order an  election on the question of the dissolution of the Muenster
Hospital District, creation of the Cooke County Hospital District, transfer
of the Muenster Hospital District's assets and obligations to the Cooke
County Hospital District, and assumption by the Cooke County Hospital
District of the Muenster Hospital District's outstanding debts.  

  (c)  Requires the Board to order an election under certain conditions.

 (d)  Requires that if the Board orders an election under this section, it
promptly notify the Board of Directors of the Gainesville Hospital District
of the election order.  

 (e)  Requires the election to be held not less than 45 or more than 60
days after the date on which an election is ordered and to be held on the
same date that the separate election in the Gainesville Hospital District
is held.  Requires the Board to cooperate with the Board of Directors of
the Gainesville Hospital District in setting the date of the elections.
Provides that Section 41.001(a), Election Code, does not apply to an
election ordered under this section.  

 (f)  Requires the ballot to be printed to permit a person to vote for or
against the proposition and sets forth specific wording to be contained on
the ballot. 

 (g)  Requires the election to be held in accordance with the applicable
provisions of the Election Code except as provided by Subsections (e) and
(f) of this section. 

(h)  Provides that the Muenster Hospital District is dissolved under
certain conditions. 
  
 (i)  Provides that the Muenster Hospital District is not dissolved and the
Board is required to continue to administer the Muenster Hospital District
if a majority of the voters in either district do not favor the proposition
on which they voted.  

 (j)  Requires that if the Muenster Hospital District is dissolved under
this section, the Board orderly transfer the assets and obligations of the
Muenster Hospital District to the Cooke County Hospital District not later
than the 180th day after the date of the election.  

 (k)  Prohibits the Board from holding an election on the question of
dissolution under this section and the creation of the Cooke County
Hospital District before the first anniversary of the most recent election
held under this section concerning the dissolution and the creation of the
Cooke County Hospital District. 

ARTICLE 3.  CREATION OF COOKE COUNTY HOSPITAL DISTRICT
 
SECTION 3.01. (a)  Provides that, in accordance with Section 9, Article IX,
Texas Constitution, this article authorizes the creation, establishment,
administration, maintenance, operation, and financing of a hospital
district in this state with boundaries coextensive with the boundaries of
Cooke County as they existed on November 15, 1999. 

 (b)  Provides that the district is to be known as "Cooke County Hospital
District," and it has the rights, powers, and duties provided in this
article. 
 
SECTION 3.02. (a)  Prohibits the Cooke County Hospital District from being
created unless the creation, the assumption of debt, and the levy of taxes
are approved by a majority of the voters at an election held in the
Gainesville Hospital District and by a majority of the voters at a separate
election held in the Muenster Hospital District. 

 (b)  Requires the election in the Gainesville Hospital District and the
election in the  Muenster Hospital District to be held on the same day and
to be held before the fifth anniversary of the effective date of this Act. 
 
SECTION 3.03. (a)  Requires that if the Cooke County Hospital District is
created in accordance with Section 18A, Chapter 211, Acts of the 64th
Legislature, Regular Session, 1975, and Section 20c, Chapter 477, Acts of
the 59th Legislature, Regular Session, 1965, certain persons serve as
temporary directors of the Cooke County Hospital District. 

(b)  Requires a vacancy on the temporary board of directors to be filled by
the Commissioners Court of Cooke County. 

(c)  Requires the temporary board to serve as the directors of the Cooke
County Hospital District until elected directors take office. 
 
SECTION 3.04.  (a)  Requires that if the Cooke County Hospital District is
created, directors be elected at an election to be held on the first
Saturday in May following the date the Cooke County Hospital District is
created.  

(b)  Authorizes the temporary directors to postpone the election date for
one year or until a subsequent uniform election date if the temporary
directors determine that there is not sufficient time to comply with the
requirements of law.  

(c)  Requires two directors to be elected from each of Commissioners
Precincts Numbers  1, 2, 3, and 4 of Cooke County, and one director to be
elected from the district at large.  

(d)  Provides that at the initial election of directors following creation
of the Cooke County Hospital District, the two candidates receiving the
highest number of votes from each commissioners precinct are the directors
for that precinct, and the candidate receiving the highest number of votes
from the district at large is the director for the district at large.  

(e)  Requires the directors elected at the initial election of directors
following creation of the Cooke County Hospital District to draw lots to
determine which three directors are required to serve one-year terms, which
three directors are required to serve two-year terms, and which three
directors are required to serve three-year terms. 
 
SECTION 3.05.  (a)  Requires that after the initial election of directors
following creation, an election be held each year on the first Saturday in
May, and the appropriate number of successor directors be elected for
three-year terms.  

(b)  Requires notice of each election to be published in a newspaper of
general circulation in the district in accordance with Section 4.003
(Method of Giving Notice), Election Code.  Requires any person desiring to
have the person's name printed on the ballot as a candidate for director to
file an application with the secretary of the board of directors.  Requires
the application to be filed with the secretary at least 60 days before the
date of the election.  Requires the application to specify the
commissioners precinct the candidate wishes to represent or that the
candidate wishes to represent the district at large.  

(c)  Requires vacancies in office to be filled for the unexpired term by
the remainder of the board of directors.  
 
SECTION 3.06.  Prohibits a person from being appointed or elected as a
member of the temporary or permanent board of directors unless the person
is a resident of the district, a qualified voter, and, if elected from a
commissioners precinct, a resident of the precinct.  Provides that certain
persons are not eligible to serve as a director. 
  
 SECTION 3.07.  (a)  Requires the district authorized by this article to be
created to take over and there to be transferred to the district title to
all land, buildings, improvements, and equipment pertaining to the
hospitals or hospital system that may be located within or outside the
district and owned by Cooke County or a municipality in the district, and
after that date the district is required to provide for the establishment
of a hospital system by the purchase, construction, acquisition, repair,
and renovation of buildings and equipment, equipping the buildings, and the
administration of the district for hospital purposes.  

(b)  Requires the district to assume the outstanding indebtedness incurred
by the Gainesville Hospital District or the Muenster Hospital District to
provide medical care for residents of the district before the creation of
the district.  
 
SECTION 3.08.  (a)  Requires the board of directors, both temporary and
permanent, to organize by electing one of the members as president and one
as vice president.  Requires a secretary, who need not be a director, to
also be elected.  Requires officers to be elected for a term of one year
and vacancies to be filled for the unexpired term by the board. 

(b)  Requires that when a quorum is present, a majority of the members of
the board of directors voting concur in a matter pertaining to the business
of the district.  Requires a quorum of the board to transact the business
of the district.  Provides that a majority of the members of the board
constitutes a quorum. 

(c)  Requires all members of the board of directors and officers to serve
without compensation, but authorizes reimbursement for actual expenses
incurred in the performance of the member's official duties as approved by
the board and reported in the minute book of the district or other records
of the district.  
 
SECTION 3.09.  (a)  Requires the board of directors to manage, control, and
administer the hospital system and the business of and all funds and
resources of the district, and the operating, depreciation, or building
reserves to be invested in accordance with Chapter 2256 (Public Funds
Investment), Government Code. 

(b)  Authorizes the district, through its board of directors, to sue and be
sued and adopt rules governing the operation of the hospital, hospital
system, and the district's staff and employees.  

(c)  Requires the board of directors to appoint one or more qualified
persons as the administrators of the hospital district and authorizes the
board to appoint one or more assistants to the administrators.  Provides
that the administrators and assistant administrators, if any, serve at the
will of the board and receive compensation as may be fixed by the board.
Requires each administrator to, on assuming the administrator's duties,
execute a bond payable to the hospital district in an amount set by the
board, but not less than $5,000, conditioned on the faithful performance of
the duties required of the administrator and containing other conditions as
the board may require.  Authorizes the board to pay for the bond with
district funds.  Requires the administrators to supervise all the work and
activities of the district, subject to the limitations prescribed by the
board.  

(d)  Requires the board of directors to have the authority to appoint to
the staff any doctors the board considers necessary for the efficient
operation of the district if warranted by circumstances.  Requires the
board to have the authority to employ and authorizes the board to delegate
to the administrators the authority to employ persons for the district,
including technicians, nurses, fiscal agents, accountants, architects,
persons providing professional or staff assistance, and other necessary
employees.  

(e)  Authorizes the board of directors to contract with any other political
subdivision or governmental agency for the district to provide
investigatory or other services as to the medical,  hospital, or welfare
needs of the residents of the district.  Authorizes the district to
contract with any county or municipality located outside the district's
boundaries for the care and treatment of the sick, diseased, or injured
persons of the county or municipality, and to contract with the state or
agencies of the federal government for the state or federal government to
reimburse the district for the treatment of sick, diseased, or injured
persons.  Authorizes the board to delegate to the administrators the
authority to contract with a person for the district. 
 
SECTION 3.10.  (a)  Requires the district to operate on the basis of fiscal
years established from time to time by the board of directors, provided
that a fiscal year is prohibited from being changed during the time revenue
bonds of the district are outstanding or more than once in any 24-month
period.  

(b)  Requires the board of directors to cause an annual audit to be made of
the financial affairs of the district, which is required to be open to
inspection at the principal office of the district.  

(c)  Requires the administrators to prepare an annual budget for approval
by the board of directors.  Requires the budget to contain a complete
financial statement of the district showing certain information. 
  
(d)  Requires a public hearing on the annual budget to be held by the board
of directors after notice of the hearing has been published one time in a
newspaper of general circulation in the district at least 10 days before
the date set for the hearing.  Requires any person residing in the district
to have the right to be present and participate in the hearing.  

(e)  Requires the budget, as proposed by the administrator, to be acted on
by the board of directors.  Requires the board to have authority to make
changes in the budget as the board determines the law warrants and the
interests of the taxpayers demand.  

(f)  Authorizes the annual budget to be amended from time to time with the
approval of the board of directors.  
 
SECTION 3.11.  (a)  Requires the board of directors to have the power and
authority to issue and sell bonds in the name and on the faith and credit
of the hospital district for certain purposes. 
  
(b)  Requires that at the time bonds are issued by the district, a tax be
levied by the board of directors sufficient to create an interest and
sinking fund to pay the interest on and principal of the bonds as the bonds
mature, provided that the tax together with any other taxes levied for the
district may not exceed the limit approved by the voters at the election
authorizing the levy of taxes.  

(c)  Prohibits bonds from being issued by the district except for revenue
or refunding bonds until authorized by a majority of the electors of the
district.  

 (d)  Requires the order for a bond election to specify certain information.
  
(e)  Requires notice of a bond election to be given as provided by Section
1251.003 (Conduct of Election), Government Code, and to be conducted in
accordance with the Election Code, except as modified by the provisions of
this article.  
 
SECTION 3.12.  (a)  Authorizes refunding bonds of the district to be issued
for the purpose of refunding and paying off any outstanding indebtedness
the district has issued or assumed.  

(b)  Authorizes refunding bonds to be sold and the proceeds from the bonds
to be applied to the payment of outstanding indebtedness or to be exchanged
in whole or in part for not less than a similar principal amount of the
outstanding indebtedness.  

 (c)  Requires that if the refunding bonds are to be sold and the proceeds
from the bonds are to be applied to the payment of any outstanding
indebtedness, the refunding bonds be issued and payments made in the manner
specified by Chapter 1207 (Refunding Bonds), Government Code. 
 
SECTION 3.13.  Requires bonds issued by the district to meet certain
requirements. 
  
SECTION 3.14.  (a)  Authorizes the board of directors, in addition to being
granted the power to issue bonds payable from taxes levied by the district
under Section 3.12 of this article, to issue and refund any previously
issued revenue bond to carry out certain duties. 
 
(b)  Requires bonds authorized under this section to be payable from and
secured by a pledge of all or any part of the revenues of the district to
be derived from the operation of the district's hospital system, and
authorizes the bonds to be additionally secured by a mortgage or deed of
trust lien on any part or all of the district's properties.  

(c)  Requires bonds to be issued in the manner and in accordance with the
procedures and requirements specified for the issuance of revenue bonds by
a county hospital authority under Chapter 264 (County Hospital
Authorities), Health and Safety Code.  
 
SECTION 3.15.  (a)  Provides that the board of directors has complete
discretion as to the type of buildings, both in number and location,
required to establish and maintain an adequate hospital system and the type
of equipment necessary for hospital care.  Authorizes the hospital system
to include certain facilities. 
  
(b)  Requires the district, notwithstanding Subsection (a) of this section,
to provide full-time health care services and facilities in the city of
Muenster, including, at a minimum, physician offices and services,
outpatient medical care, comprehensive laboratory services, and
comprehensive radiology services, including ultrasound, mammography, and
computerized tomography, at Muenster Memorial Hospital or its successor
facility and nursing home care at St. Richard's Villa.  Requires that if
the district does not construct a new acute care hospital facility, the
district continue to operate an acute care hospital facility located in the
city of Muenster until the district constructs a new hospital facility to
serve the residents of the city of Muenster. 

(c)  Entitles a resident to recover reasonable attorney's fees from the
district if the resident of the district prevails in an action brought
against the district for the district's alleged failure to comply with
Subsection (b) of this section. 

(d)  Authorizes the district, through its board of directors, to enter into
an operating or management contract with regard to all or part of the
district's facilities or to lease all or part of the district's buildings
and facilities on terms and conditions considered to be in the best
interest of the residents of the district. Prohibits a lease under this
subsection from being for a period that exceeds 25 years. 

(e)  Authorizes the district to sell or otherwise dispose of any property,
real or personal, or equipment of any nature on terms and conditions found
by the board of directors to be in the best interest of the residents of
the district. 

(f)  Authorizes the board of directors to prescribe the method and manner
of making purchases and expenditures by and for the district and to
prescribe all accounting and control procedures.  

(g)  Authorizes a contract for construction to be made only after
competitive bidding as provided by Chapter 271B (Competitive Bidding On
Certain Public Works Contracts), Local Government Code.  
 
(h)  Provides that the provisions of Chapter 2253 (Public Work Performance
and Payment Bonds), Government Code, relating to performance and payment
bonds apply to construction contracts let by the district.  

(i)  Authorizes the district to acquire property, facilities, and equipment
for use in the hospital system and to mortgage or pledge the property,
facilities, or equipment acquired by the district as security for the
payment of the purchase price.  

(j)  Requires the board of directors to name one or more banks to serve as
depository for the funds of the district.  Requires all funds of the
district, except those invested as provided in Section 3.09(a) of this
article and those transmitted to a bank for payment for bonds or
obligations issued or assumed by the district, to be deposited as received
with the depository bank and to remain on deposit. Authorizes nothing in
this subsection to limit the power of the board to place a portion of the
board's funds on time deposit or to purchase certificates of deposit or
other investments permitted by Chapter 2256, Government Code.  

(k)  Requires that before the district deposits the district's funds in a
bank in an amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation, the bank execute a bond or other security in
an amount sufficient to secure from loss the district funds that exceed the
amount secured by the Federal Deposit Insurance Corporation.  
 
SECTION 3.16. (a)  Authorizes the board of directors to provide retirement
benefits for employees of the district by establishing or administering a
retirement program or electing to participate in the Texas County and
District Retirement System or in any other statewide retirement system in
which the district is eligible to participate. 

(b)  Authorizes the board of directors to institute a suit to enforce the
payment of taxes or to foreclose liens to secure the payment of taxes due
the district. 

(c)  Authorizes the district, subject to the approval of the board of
directors, to provide primary care, emergency services, preventive medical
services, and other health-related services outside the boundaries of the
district, provided the services serve the purpose of the district as
established by this article. 

(d)  Authorizes the board of directors to also contract with the state or
agencies of the federal government to be reimbursed for the treatment of
sick, diseased, or injured persons. 

(e)  Authorizes the district to contract with, affiliate with, or enter
into another arrangement with a managed care system, a preferred provider
organization, a health maintenance organization, another provider of
alternative health care or delivery system, or a private hospital to
jointly administer or deliver health care services. Authorizes the district
to spend district funds to establish and maintain partnerships,
corporations, or other entities involved in the delivery of health care
services. 

(f)  Authorizes the district to sponsor and create a nonprofit corporation
under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
V.T.C.S.) and to contribute funds to or solicit funds for the corporation.
Authorizes the corporation to use funds, other than funds paid by the
corporation to the district, only to provide health care or other services
the district is authorized to provide under this article.  Requires the
board of directors of the hospital district to establish adequate controls
to ensure that the corporation uses its funds as required by this
subsection. Authorizes the corporation to invest corporation funds in any
manner in which the district is authorized to invest funds, including
investing funds as authorized by Chapter 2256, Government Code. 

(g)  Authorized the board of directors to spend district funds, enter into
agreements, and take  other necessary action to recruit physicians and
other persons to serve as medical staff members or employees of the
district, including certain actions. 
  
(h)  Authorizes the board of directors to spend district funds, enter into
agreements, and take other necessary action to conduct, participate in, or
otherwise assist in providing health care educational programs for current
or prospective medical staff members or employees of the district. 
 
SECTION 3.17.  (a)  Requires the board of directors to annually levy a tax
in an amount not to exceed the limit approved by the voters for the purpose
of paying the indebtedness assumed or issued by the district or the
maintenance and operating expenses of the district.  

(b)  Prohibits a tax levied under this section from being levied to pay the
principal of or interest on revenue bonds issued under Section 3.14 of this
article.  

(c)  Requires the board of directors, in setting a tax rate under this
section, to consider the income of the district from sources other than
taxation.  Requires the board, on determining the amount of tax required to
be levied, to make the levy and certify the levy to the tax
assessor-collector.  
 
SECTION 3.18.  (a)  Provides that bonds issued and indebtedness assumed by
the district are a legal and authorized investment of a bank, savings bank,
trust company, savings and loan association, insurance company, fiduciary,
trustee, guardian, or sinking fund of a municipality, school district, or
other political subdivision of the state, and for all public funds of the
state or an agency of the state, including the state permanent school fund.

(b)  Provides that bonds issued or indebtedness assumed by the district is
eligible to secure the deposit of public funds of the state and the public
funds of a municipality, school district, or other political subdivision of
the state, and is lawful and sufficient security for those deposits to the
extent of the value of the bonds or indebtedness when accompanied by all
unmatured coupons.  
 
SECTION 3.19.  (a)  Provides that the district has the right and power of
eminent domain for the purpose of acquiring by condemnation any and all
property of any kind and character in fee simple, or any lesser interest in
the property, within the boundaries of the district if necessary to the
exercise of the rights or authority conferred by this article in the manner
provided by the general law with respect to condemnation by counties.  

(b)  Provides that the district is not required to deposit in the trial
court money or bond as provided by Section 21.021 (Possession Pending
Litigation), Property Code.  

(c)  Provides that, in a condemnation proceeding prosecuted by the
district, the district is not required to: 
  (1)  pay in advance or give bond or other security for costs in the trial
court; 
(2)  give any bond otherwise required for the issuance of a temporary
restraining order or a temporary injunction;  or 
  (3)  give bond for costs or for supersedeas on an appeal or writ of
error.  
 
SECTION 3.20. (a)  Authorizes the board of directors to levy taxes for the
entire year in which the district is established as a result of the initial
election provided under this article.  

(b)  Provides that the Tax Code governs the appraisal, assessment, and
collection of district taxes.  

(c)  Authorizes the board of directors to provide for the appointment of a
tax assessor-collector  for the district or to contract for the assessment
and collection of taxes as provided by the Tax Code.  
 
SECTION 3.21.  (a)  Requires the district to provide without charge to a
patient residing in the district the medical care and treatment that the
patient or a relative of the patient who is legally responsible for the
patient's support cannot pay.  

(b)  Requires that each operating year, the district adopt an application
procedure to determine eligibility for assistance as provided by Section
61.053 (Application Procedure), Health and Safety Code.  

(c)  Authorizes an administrator to cause an inquiry to be made regarding
the financial circumstances of a patient under Subsection (a) of this
section residing in the district and admitted to a district facility and of
the relatives of the patient legally responsible for the patient's support.
Requires that if the patient or relative is found to be able to pay for all
or part of the care and treatment, the administrator issue an order
directing the patient or the relative to pay to the district for the care
and support of the patient a specified sum each week in an amount that the
individual is able to pay.  Authorizes the administrator to collect sums
under this subsection from the estate of the patient or a relative who is
legally responsible for the patient's support in the manner provided by law
for collection of expenses in the last illness of a deceased person.  

(d)  Requires the board of directors, in the case of a dispute regarding
the ability to pay, to call witnesses, conduct a hearing, and issue a final
order.  Requires an appeal from a final order of the board under this
subsection to be made to the district court in Cooke County.  Provides that
the substantial evidence rule applies to an appeal under this subsection.  
 
SECTION 3.22.  Authorizes the board of directors, on behalf of the
district, to accept donations, gifts, and endowments to be held in trust
and administered by the board for purposes and under directions,
limitations, and provisions prescribed in writing by the donor that are not
inconsistent with the proper management of the district.  
 
SECTION 3.23.  (a)  Authorizes the board to borrow money at a rate not to
exceed the maximum annual percentage rate allowed by law for district
obligations at the time of the loan if the board of directors declares that
funds are not available to meet the lawfully authorized obligations of the
district and that an emergency exists. 

 (b)  Authorizes the board to pledge certain finances to secure a loan.

(c)  Requires a loan for which taxes or bonds are pledged to mature not
later than the first anniversary of the date on which the loan is made.
Requires a loan for which district revenues are pledged to mature not later
than the fifth anniversary of the date on which the loan is made.  

(d)  Prohibits the board of directors from spending money obtained from a
loan under this section for any purpose other than the purpose for which
the board declared an emergency. Prohibits the board, if taxes or bonds are
pledged to pay the loan, from spending the revenue other than for the
purpose for which the taxes were levied or the bonds were authorized.  
 
SECTION 3.24.  (a)  Prohibits a county, municipality, or political
subdivision in or partly in the district from levying taxes or issuing
bonds or other obligations for hospital purposes or for providing medical
care for the residents of the district after the district is created. 

(b)  Requires the district to assume full responsibility for the operation
of all hospital facilities and for the furnishing of medical and hospital
care for the district's needy residents.  

(c)  Requires that when the district is created and established, the county
and all municipalities  located in or partly in the district convey and
transfer to the district title to all land, buildings, improvements, and
equipment that pertain to a hospital or hospital system located in the
district owned by the county, municipality, or other governmental entity.  

(d)  Requires operating funds and reserves for operating expenses that have
been budgeted by the county, municipality, or other governmental entity in
which the district is located to provide medical care for residents of the
district for the remainder of the fiscal year in which the district is
established, taxes levied for hospital purposes for the current year, and
all funds established for payment of indebtedness assumed by the district
to be transferred to the district.  
 
SECTION 3.25.  Prohibits the support and maintenance of the district from
becoming a charge against or an obligation of the state.  Prohibits a
direct appropriation by the legislature from being made for the
construction, maintenance, or improvement of any of the facilities of the
district.  
 
SECTION 3.26.  Provides that in administering this article, the district is
performing an essential public function, and any bonds issued by the board
and the transfer and the issuance from the bonds, including any profits
made in the sale of the bonds, are exempt from taxation by the state or any
municipality or political subdivision of the state.  
 
SECTION 3.27.  Provides that proof of publication of the notice required in
the enactment of this Act under the provisions of Section 9, Article IX,
Texas Constitution, has been made in the manner and form provided by law
pertaining to the enactment of local and special laws, and the notice is
found and declared proper and sufficient to satisfy the requirement. 

ARTICLE 4.  EFFECTIVE DATE
 
SECTION 4.01. Effective date: upon passage or September 1, 2001.