SRC-JEC S.B. 739 77(R)BILL ANALYSIS


Senate Research CenterS.B. 739
By: Wentworth
Intergovernmental Relations
6/20/2001
Enrolled


DIGEST AND PURPOSE 

Current Texas law does not authorize certain joint municipal and county
hospitals to issue revenue bonds for construction and renovation.  S.B. 739
gives city/county owned hospitals the authority to issue bonds to finance
the acquisition and installation of necessary property and equipment. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 265B, Health and Safety Code, to add Sections
265.017-265.020, as follows: 

Sec. 265.017.  ISSUANCE OF REVENUE BONDS.  (a)  Authorizes the board of
managers of joint city/county hospitals to issue and sell revenue bonds in
the name of the hospital to finance the acquisition of real property, the
acquisition, construction, improvement, repair, or rehabilitation of
hospital facilities, or the acquisition or installation of necessary
equipment or supplies.   

(b)  Provides that the board of managers has the powers of an issuer under
Chapter 1371 (Obligations for Certain Public Improvements), Government
Code, and is authorized to enter into a credit agreement under that
chapter.  Provides that a bond issued under this subchapter is an
obligation under Chapter 1371, Government Code, but is not required to be
rated as required by that chapter.  Provides that in this subsection,
"credit agreement" and "obligation" have the meanings assigned by Section
1371.001 (Definitions), Government Code. 

(c) Requires bonds issued under this subchapter to be approved by
resolution of the board of managers and by the commissioners court of the
county and the governing body of the municipality that appointed the board. 

(d) Authorizes the board of managers, at the time of issuance of the bonds,
to perform certain actions. 

Sec. 265.0171.  REPAYMENT OF BONDS.  Authorizes the board of managers to
provide for the payment of principal of, premium on, if any, and interest
on the bonds by pledging all or part of the hospital's revenue derived from
the operation of the hospital or from other sources. 

Sec. 265.0172.  ADDITIONAL SECURITY FOR BONDS.  Authorizes the bonds to be
additionally secured by a deed of trust or mortgage lien on part or all of
the physical properties of the hospital and rights appurtenant to those
properties. 

 Sec. 265.0173.  MATURITY.  Requires that a bond under this subchapter
mature not later than 40 years after its date. 

Sec. 265.0174.  BONDS NOT PAYABLE FROM TAXES.  Requires a bond issued under
this subchapter to contain a certain provision.   

Sec. 265.0175.  SALE OF BONDS.  Authorizes the board of managers to sell
bonds issued under this subchapter at public or private sale in the manner
and on the terms approved by the board. 

Sec. 265.0176.  REFUNDING BONDS.  (a)  Authorizes the board of managers to
refund bonds issued under this subchapter by issuing refunding bonds under
terms approved by the board.  

(b)  Provides that all appropriate provisions of this subchapter apply to
the refunding bonds.  Requires that the refunding bonds be issued in the
manner provided by this subchapter for issuing other bonds. 

(c)  Authorizes the refunding bonds to be sold and delivered in amounts
sufficient to pay the principal of and interest and any redemption premium
on the bonds to be refunded, at maturity or on any other redemption date. 

(d)  Authorizes the refunding bonds to be issued to be exchanged for the
bonds being refunded by them.  Requires the comptroller, in that case, to
register the refunding bonds and deliver them to the holder of the bonds
being refunded as approved by the board.  Authorizes the exchange to be
made in one delivery or in installment deliveries. 

Sec. 265.018.  HOSPITAL PROPERTY.  Authorizes the board of managers to
acquire, hold, or dispose of property or an interest in property.
Authorizes the county or municipality to hold title to hospital property or
the title to be held in the name of the hospital. 

Sec. 265.0181.  TRANSFER OF PROPERTY.  Requires the board of managers, on
its dissolution, to transfer title of its property or property held in the
name of the hospital to the county and municipality as agreed to by both
entities. 

Sec. 265.019.  USE OF EARNINGS OR ASSETS FOR PRIVATE PURPOSES PROHIBITED.
Prohibits the net earnings of the board or the hospital from being used for
the benefit of a private officer, board member, individual, or substantial
contributor to the board of managers or the hospital, with certain
exceptions.  Prohibits the assets from being distributed to, divided among,
used for, accrued to, or to the benefit of any of the above named people. 

Sec. 265.020.  APPLICABILITY.  Provides that Sections 265.017-265.019 apply
only to a hospital located in a county with a population of 75,000 or more. 

SECTION 2.  Effective date: upon passage or September 1, 2001.