SRC-SEW H.B. 3691 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3691
77R14734 YDB-FBy: Dunnam (Sibley)
Intergovernmental Relations
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Under the Texas Constitution, the legislature is authorized to provide for
by general or special law the creation, establishment, maintenance, and
operation of hospital districts. H.B. 3691 authorizes the creation of the
West Medical District.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the board of directors of the
West Medical District in SECTION 5.05 of this bill. 

SECTION BY SECTION ANALYSIS


ARTICLE 1.  GENERAL PROVISIONS

SECTION 1.01.  DEFINITIONS.  Defines "district," "board," and "director."
  
SECTION 1.02.  DISTRICT AUTHORIZATION.  Creates the West Medical District
(district) and requires the district, if created, to be maintained,
operated, and financed in the manner provided by Section 9, Article IX,
Texas Constitution, and by this Act.  
 
SECTION 1.03.  BOUNDARIES.  Provides that the boundaries of the district
are coextensive with the boundaries of the West Independent School District
in McLennan County. 
 
SECTION 1.04.  ELECTION CODE PROVISIONS.  Provides that Section 41.001(a),
Election Code, does not apply to an election ordered under this Act. 

ARTICLE 2.  TEMPORARY DIRECTORS

SECTION 2.01.  TEMPORARY DIRECTORS.  Sets forth guidelines regarding the
temporary directors of the district.   
  
SECTION 2.02.  VACANCY IN OFFICE.  Requires the directors remaining after a
vacancy in the office of a temporary director to fill the vacancy by
appointment by majority vote.  

ARTICLE 3.  CREATION OF DISTRICT

SECTION 3.01.  CREATION ELECTION.  Authorizes the district to be created
and a tax to be authorized only if the creation and the tax are approved by
a majority of the qualified voters of the territory of the proposed
district voting at an election called and held for that purpose.  
 
SECTION 3.02.  ORDERING ELECTION.  Sets forth guidelines regarding the
ordering of a creation election under this section. 
 
 SECTION 3.03.  ELECTION ORDER.  Sets forth requirements for the order
calling the election. 
 
SECTION 3.04.  NOTICE.  Requires the temporary directors to give notice of
the election by publishing a substantial copy of the election order in a
newspaper of general circulation in the proposed district once a week for
two consecutive weeks.  Requires the first publication to appear at least
35 days before the date set for the election.  
 
SECTION 3.05.  ELECTION DATE.  Requires the election to be held not less
than 45 days or more than 60 days after the date on which the election is
ordered.  
 
SECTION 3.06.  BALLOT PROPOSITION.  Requires the ballot for the election to
be printed to permit voting for or against the proposition:  "The creation
of a hospital district to be known as the West Medical District and the
levy of annual taxes for hospital purposes at a rate not to exceed 75 cents
on each $100 valuation of all taxable property in the district."  
 
SECTION 3.07.  CANVASSING RETURNS.  Requires the temporary directors to
meet and canvass the returns of the election.  Sets forth guidelines
regarding circumstances in which the creation of the district is either
favored or defeated.   
 
SECTION 3.08.  EXPIRATION OF ACT.  Provides that, if the creation of the
district is not approved at an election held before the fifth anniversary
of the effective date of this Act, this Act expires.  

ARTICLE 4.  DISTRICT ADMINISTRATION

SECTION 4.01.  BOARD OF DIRECTORS.  Provides that the district is governed
by a board of seven directors (board).   Provides that, from the time the
creation of the district is approved until the elected directors take
office, the temporary directors serve as directors of the district.  
 
SECTION 4.02.  INITIAL DIRECTORS ELECTION.  Sets forth guidelines regarding
the initial directors election. 

SECTION 4.03.  METHOD OF ELECTION; STAGGERED TERMS; TERM OF OFFICE;
ELECTION DATE.  Sets forth guidelines regarding the election for successor
directors.  
 
SECTION 4.04.  NOTICE OF ELECTION.  Requires notice of each election of
directors to be published in a newspaper of general circulation in the
district in accordance with Chapter 4, Election Code.  

SECTION 4.05.  APPLICATION.  Requires a person who wishes 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 in accordance with
Chapter 144, Election Code. 
 
SECTION 4.06.  QUALIFICATIONS FOR OFFICE.  Sets forth guidelines regarding
eligibility for candidacy or office.  
 
SECTION 4.07.  BOND.  (a) Requires each director, before assuming the
duties of the office, to execute a bond for $5,000 payable to the district,
conditioned on the faithful performance of the person's duties as director.
Requires the bond to be kept in the permanent records of the district.  
Authorized the board to pay for the director's bond with district funds. 
 
SECTION 4.08.  BOARD VACANCY.  Requires a vacancy in the office of director
to be filled for the unexpired term by appointment by the remaining
directors. 
 
SECTION 4.09.  OFFICERS; OFFICERS' TERMS; VACANCY.  Requires the board to
elect from  among its members a president and a vice president, and to
appoint a secretary, who need not be a director.  Provides that each
officer of the board serves for a term of one year.  Requires the board to
fill a vacancy in a board office for the unexpired term.  
 
SECTION 4.10.  COMPENSATION.  Sets forth guidelines regarding compensation
and reimbursement.   

SECTION 4.11.  QUORUM; VOTING REQUIREMENT.  Provides that a majority of the
membership of the board constitutes a quorum for the transaction of
business.  Requires, when a quorum is present, a majority of the members of
the board voting to concur in a matter relating to the business of the
district.  
 
SECTION 4.12.  ADMINISTRATOR AND ASSISTANT ADMINISTRATOR.   Sets forth
guidelines regarding an administrator and assistant administrator.     
 
SECTION 4.13.  APPOINTMENTS TO STAFF.  Authorizes the board to make certain
appointments.  
 
SECTION 4.14.  TECHNICIANS, NURSES, AND OTHER DISTRICT EMPLOYEES.
Authorizes the district to employ or contract with technicians, nurses,
fiscal agents, accountants, architects, attorneys, and other necessary
employees.  

ARTICLE 5.  POWERS AND DUTIES

SECTION 5.01.  RESPONSIBILITY OF GOVERNMENTAL ENTITY.  Sets forth
guidelines regarding conveyance or transfer to the district of certain
titles, funds, reserves, accounts, and taxes.   
  .
SECTION 5.02.  LIMITATION ON GOVERNMENTAL ENTITY.   Prohibits, on or after
creation of the district, another governmental entity, including a county
or municipality, in which the district is located from levying taxes or
issuing bonds or other obligations for hospital purposes or for providing
medical care for the residents of the district.  
 
SECTION 5.03.  DISTRICT RESPONSIBILITIES.  Sets forth guidelines regarding
the responsibilities of the district.  
 
SECTION 5.04.  MANAGEMENT, CONTROL, AND ADMINISTRATION.  Requires the board
to manage, control, and administer the hospital system and the funds and
resources of the district.  
 
SECTION 5.05.  DISTRICT RULES.  Authorizes the board to adopt rules
governing the operations of the hospital and hospital system and the
duties, functions, and responsibilities of district staff and employees.  
 
SECTION 5.06.  METHODS AND PROCEDURES.  Authorizes the board to prescribe
certain methods and procedures.   

SECTION 5.07.  HOSPITAL PROPERTY, FACILITIES, EQUIPMENT, AND SERVICES.  (a)
Requires the board to determine the type, number, and location of buildings
required to establish and maintain an adequate hospital system and the type
of equipment necessary for hospital care.  
 
(b)  Provides that the board has complete discretion as to the type and
extent of services the district will offer.  Authorizes the district to
provide any services or facilities the board finds necessary for hospital
or medical care.   
  
  (c)  Authorizes the board to perform certain actions.  
  
 SECTION 5.08.  CONSTRUCTION CONTRACTS.  Sets forth guidelines regarding
construction contracts.  
 
SECTION 5.09.  DISTRICT OPERATING AND MANAGEMENT CONTRACTS.  Authorizes the
board to enter into operating or management contracts relating to hospital
facilities on behalf of the district.  
 
SECTION 5.10.  INDIGENT CARE.  Sets forth guidelines regarding indigent
care in the district.  
 
SECTION 5.11.  REIMBURSEMENT FOR SERVICES.  Sets forth guidelines regarding
required or contracted reimbursement from certain entities for care and
treatment of certain sick, diseased, or injured persons.  
 
SECTION 5.12.  SERVICE CONTRACTS.  Authorizes the board to contract with a
municipality, county, special district, or other political subdivision of
the state or with a state or federal agency for the district for certain
purposes. 
   
SECTION 5.13.  GIFTS AND ENDOWMENTS.  Authorizes the board, on behalf of
the district, to accept gifts and endowments to be held in trust for any
purpose and under any direction, limitation, or provision prescribed in
writing by the donor that is consistent with the proper management of the
district.  
 
SECTION 5.14.  AUTHORITY TO SUE AND BE SUED.  Authorizes the board to sue
and be sued on behalf of the district.  
 
SECTION 5.15.  RETIREMENT BENEFITS.   Authorizes the board to provide
retirement benefits for the employees of the district by establishing or
administering a retirement program or electing to participate in any
statewide retirement system in which the district is eligible to
participate.  
 
SECTION 5.16.  RECRUITMENT OF STAFF AND EMPLOYEES.  Authorizes the board to
spend district funds, enter into agreements, and take other necessary
action to recruit physicians, nurses, and other persons to serve as medical
staff members or employees of the district. 

SECTION 5.17.  NONPROFIT CORPORATION.  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
district funds only to provide health care or other services the district
is authorized to provide under this Act.  Requires the board to establish
adequate controls to ensure that the corporation uses its funds as required
by law.  Authorizes the corporation to invest corporation funds in any
manner in which the district may invest funds, including investing funds as
authorized by Chapter 2256, Government Code. 

ARTICLE 6.  DISTRICT FINANCES

SECTION 6.01.  FISCAL YEAR.  Provides that the district operates on the
fiscal year established by the board.  Prohibits the fiscal year from being
changed if revenue bonds of the district are outstanding or more than once
in a 24-month period.  
 
SECTION 6.02.  ANNUAL AUDIT.  Requires the board to annually have an audit
made of the financial condition of the district.  
 
SECTION 6.03.  DISTRICT AUDIT AND RECORDS.  Provides that the annual audit
and other district records are open to inspection during regular business
hours at the principal office of the district.  
 
SECTION 6.04.  ANNUAL BUDGET.  Requires the administrator of the district
to prepare a proposed annual budget for the district.  Requires the
proposed budget to contain a complete financial  statement, including
certain items.   
  
SECTION 6.05.  NOTICE; HEARING; ADOPTION OF BUDGET.  Sets forth guidelines
regarding a public hearing on the proposed annual budget and the adoption
of a budget.   
 
SECTION 6.06.  AMENDING BUDGET.  Authorizes the the annual budget to be
amended on the board's approval after adoption. 
 
SECTION 6.07.  LIMITATION ON EXPENDITURES.  Prohibits money from being
spent for an expense not included in the annual budget or an amendment to
it.  
 
SECTION 6.08.  SWORN STATEMENT.  Requires the administrator, as soon as
practicable after the close of the fiscal year, to prepare for the board a
sworn statement of the amount of money that belongs to the district and an
account of the disbursements of that money.  
 
SECTION 6.09.  BORROWING MONEY.  Sets forth guidelines regarding the
district borrowing money. 

SECTION 6.10.  DEPOSITORY.  Sets forth guidelines regarding a depository
for district funds and the deposit of funds. 

ARTICLE 7.  BONDS

SECTION 7.01.  GENERAL OBLIGATION BONDS.  Authorizes the board to issue and
sell bonds authorized by an election in the name and on the faith and
credit of the hospital district for certain purposes.   
  
SECTION 7.02.  TAXES TO PAY BONDS.  Requires the board, at the time the
bonds are issued by the district, to levy a tax.  Sets forth guidelines
regarding the tax. 
  
SECTION 7.03.  BOND ELECTION.  Sets forth guidelines regarding a bond
election for the district.  
 
SECTION 7.04.  REVENUE BONDS.  Authorizes the board to issue bonds for
certain purposes.  Sets forth guidelines regarding the bonds.    
 
SECTION 7.05.  REFUNDING BONDS.  Sets forth guidelines regarding refunding
bonds of the district.    
 
SECTION 7.06.  INTEREST AND MATURITY.  Requires district bonds to mature
not later than the 50th anniversary of the date of their issuance and to
bear interest at a rate not to exceed that provided by Chapter 1204,
Government Code. 
 
SECTION 7.07.  EXECUTION OF BONDS.  Requires the president of the board to
execute the bonds in the name of the district, and the secretary of the
board to countersign the bonds in the manner provided by Chapter 618,
Government Code. 
 
SECTION 7.08.  APPROVAL AND REGISTRATION OF BONDS.  Sets forth guidelines
regarding the approval and registration of bonds.  
 
SECTION 7.09.  BONDS AS INVESTMENTS.  Provides that district bonds and
indebtedness assumed by the district are legal and authorized investments
for certain entities.   
  
SECTION 7.10.  BONDS AS SECURITY FOR DEPOSITS.  Provides that district
bonds are eligible to secure deposits of public funds of the state and of
municipalities, counties, school districts, and other political
subdivisions of the state and provides that the bonds are lawful and
sufficient security  for deposits to the extent of their value if
accompanied by all unmatured coupons.  
 
SECTION 7.11.  TAX STATUS OF BONDS.  Provides that, because the district
created under this Act is a public entity performing an essential public
function, bonds issued by the district, any transaction relating to the
bonds, and profits made in the sale of the bonds are free from taxation by
the state or by any municipality, county, special district, or other
political subdivision of the state.  

ARTICLE 8.  TAXES

SECTION 8.01.  LEVY OF TAXES.  Authroizes the board to annually impose
property taxes in an amount not to exceed the limit approved by the voters
at the election authorizing the levy of taxes.  Sets forth guidelines for
such taxes.   
 
SECTION 8.02.  BOARD AUTHORITY.  Authorizes the board to impose taxes for
the entire year in which the district is created.  
 
SECTION 8.03.  ADOPTING TAX RATE.  Requires the board, in adopting the tax
rate, to consider the income of the district from sources other than
taxation. 
 
SECTION 8.04.  TAX ASSESSMENT AND COLLECTION.  Provides that the Tax Code
governs the appraisal, assessment, and collection of district taxes.
Authorizes the board 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.  

ARTICLE 9.  DISSOLUTION OF DISTRICT

SECTION 9.01.  DISSOLUTION ELECTION.  Authorizes the district to be
dissolved only if the dissolution is approved by a majority of the
qualified voters of the district voting in an election called and held for
that purpose.  

SECTION 9.02.  ORDERING ELECTION.  Sets forth guidelines regarding the
ordering of an election on the question of dissolving the district and
disposing of the district's assets and obligations. 
 
SECTION 9.03.  ELECTION ORDER.  Sets forth requirements for the order
calling the election.   
SECTION 9.04.  NOTICE.  Requires the board to give notice of the election
by publishing a substantial copy of the election order in a newspaper with
general circulation in the district once a week for two consecutive weeks.
Requires the first publication to appear at least 35 days before the date
set for the election.  
 
SECTION 9.05.  ELECTION DATE.  Requires the election to be held not later
than the 60th day after the date the election is ordered.  Provides that
Section 41.001, Election Code, does not apply to an election ordered under
this section. 
 
SECTION 9.06.  BALLOT PROPOSITION.  Requires that the ballot for an
election at which the dissolution of the district is proposed be printed to
permit voting for or against the proposition:  "The dissolution of the West
Medical District." 
 
SECTION 9.07.  CANVASSING RETURNS.  Requires the board to canvass the
returns of the election.  Sets forth guidelines regarding circumstances in
which the creation of the district is either favored or defeated.    
 
SECTION 9.08.  DISSOLUTION PROCEDURES.  Sets forth guidelines regarding
procedures to be followed if a majority of the votes in the election favor
dissolution. 
 
SECTION 9.09.  SALE OR TRANSFER OF ASSETS.  Sets forth guidelines regarding
the sale or  transfer of the district's assets and liabilities in case of
dissolution of the district.   
 
ARTICLE 10.  MISCELLANEOUS

SECTION 10.01.  LIMITATION ON STATE ASSISTANCE.  Prohibits the state from
becoming obligated for the support or maintenance of a hospital district
created under this Act, and prohibits the legislature from making a direct
appropriation for the construction, maintenance, or improvement of a
facility of the district.  
 
SECTION 10.02.  REQUIRED PUBLICATION.  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. 
 
SECTION 10.03.  EFFECTIVE DATE.  Effective date: upon passage or September
1, 2001.