SRC-JEC S.B. 1824 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1824
77R10139 YDB-FBy: Sibley
Intergovernmental Relations
4/26/2001
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1824 sets forth the procedures for the creation,
establishment, and administration of the West Medical District, and
authorizes a property tax to support the district, contingent on the
approval of the community's voters. 

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.  Authorizes the creation and
establishment of a hospital district to be known as the West Medical
District (district) and, if created, requires the district to be
maintained, operated, and financed in the manner provided by Section 9,
Article IX (Hospital Districts; Creation, Operation, Powers, Duties and
Dissolution), 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)
(Uniform Election Dates), Election Code, does not apply to an election
ordered under this Act. 

ARTICLE 2.  TEMPORARY DIRECTORS

SECTION 2.01.  TEMPORARY DIRECTORS.  Sets forth seven persons who are to
become temporary directors of the district on the effective date of this
Act. 

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 provisions for ordering a
creation election. 

SECTION 3.03.  ELECTION ORDER.  Sets forth statements that are required to
be on 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.  (a) Requires the temporary directors to
meet and canvass the returns of the election.  

(b)  Requires the temporary directors to declare the district created and
to enter the results in their minutes if a majority of the votes cast at
the election favor creation of the district. 

(c)  Provides that if the creation of the district is defeated, the
temporary directors are authorized to call and hold another creation
election, but prohibits them from doing so before the first anniversary of
the date of the most recent creation election.  

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.  (a) Provides that the district is
governed by a board of seven directors.  

(b)  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.  Provides for the election of
the initial directors. 

SECTION 4.03.  METHOD OF ELECTION; STAGGERED TERMS; TERM OF OFFICE;
ELECTION DATE.  Provides for the election of successor directors and for
three-year terms for 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 (Notice of Election), Election Code.  

SECTION 4.05.  APPLICATION.  Requires a person who wishes to be 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
(Candidate for Office of Political Subdivision Other Than County or City),
Election Code. 

SECTION 4.06.  QUALIFICATIONS FOR OFFICE.  Sets forth qualifications for a
person to be eligible to be a candidate for or to serve as a director.
Prohibits a district employee from serving as a director. 

 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.

 (b)  Requires the bond to be kept in the permanent records of the
district.  

 (c)  Authorizes 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.  Makes provisions
regarding board officers and filling a vacancy in a board office. 

SECTION 4.10.  COMPENSATION.  (a) Provides that directors and officers
serve without compensation but authorizes them to be reimbursed for actual
expenses incurred in the performance of official duties. 

(b)  Requires expenses reimbursed under this section to be reported in the
district's minute book or other district records and approved by the board.

SECTION 4.11.  QUORUM; VOTING REQUIREMENT.  (a) Provides that a majority of
the membership of the board constitutes a quorum for the transaction of
business.  

(b)  Provides that when a quorum is present, a majority of the members of
the board voting must concur in a matter relating to the business of the
district.  

SECTION 4.12.  ADMINISTRATOR AND ASSISTANT ADMINISTRATOR.  Provides for the
appointment and compensation of an administrator and assistant
administrator of the district. 
 
SECTION 4.13.  APPOINTMENTS TO STAFF.  Provides for the appointment of
doctors to the staff. 

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.  (a) Authorizes the
West Hospital Authority, in the authority's sole discretion, on creation of
the district, to convey or transfer to the district certain titles, funds,
and accounts receivable. 

(b)  Requires the West Hospital Authority to convey or transfer to the
district funds established for payment of indebtedness assumed by the
district.  
 
(c)  Provides that, except as provided by Subsection (b) of this section,
nothing in this Act requires the West Hospital Authority to convey or
transfer any funds or interest in property to the district. 
 
(d)  Authorizes McLennan County, on creation of the district, to transfer
to the district certain taxes or accounts receivable. 

SECTION 5.02.  LIMITATION ON GOVERNMENTAL ENTITY.   Prohibits another
governmental entity, including a county or municipality in which the
district is located, on or after  creation of the district, from levying
taxes or issue bonds or other obligations for hospital purposes or for
providing medical care for the residents of the district.  

SECTION 5.03.  DISTRICT RESPONSIBILITIES.  (a) Provides that the district,
on its creation:  

(1)  assumes full responsibility for operating hospital facilities and for
furnishing medical and hospital care for the district's needy inhabitants; 

(2)  assumes any outstanding indebtedness incurred by a county,
municipality, or other governmental entity in which all or part of the
district is located in providing hospital care for residents of the
territory of the district before the district's creation; and 

(3)  may operate or provide for the operation of a mobile emergency medical
service. 
 
(b)  Provides that if part of a county, municipality, or other governmental
entity is included in the district and part is not included in the
district, the amount of indebtedness the district assumes under Subsection
(a)(2) of this section is the portion of the total outstanding indebtedness
of the county, municipality, or other entity for hospital care for all
residents of the county, municipality, or other entity that the value of
taxable property in the district bears to the total value of taxable
property in the county, municipality, or other entity according to the last
preceding approved assessment rolls of the county, municipality, or other
entity before the district is confirmed.  
 
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
the method of making purchases and expenditures by and for the district and
accounting and control procedures for the district.  
 
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, including certain services. 
  
 (c)  Authorizes the board to:

(1)  acquire property, facilities, and equipment for the district for use
in the hospital system; 

(2)  mortgage or pledge the property, facilities, or equipment acquired as
security for the payment of the purchase price; 

(3)  transfer by lease to physicians, individuals, companies, corporations,
or other legal entities or acquire by lease district hospital facilities;
and 

  (4)  sell or otherwise dispose of property, facilities, or equipment.

SECTION 5.08.  CONSTRUCTION CONTRACTS.  (a) Authorizes the board to enter
into  construction contracts on behalf of the district.  

(b)  Provides that a contract for construction in excess of the amount
provided by Section 271.024 (Competitive Bidding Procedure Applicable to
Contract), Local Government Code, may be made only after competitive
bidding as provided by Chapter 271B (Competitive Bidding on Certain Public
Works Contracts), Local Government Code.  
 
(c)  Provides that Chapter 2253 (Public Work Performance and Payment
Bonds), Government Code, as it relates to performance and payment bonds,
applies to construction contracts let by the district.  

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.  EMINENT DOMAIN.  (a) Authorizes the district to exercise the
power of eminent domain to acquire a fee simple or other interest in
property located in the territory of the district if the property interest
is necessary to the exercise of the rights or authority conferred by this
Act.  

(b)  Requires the district to exercise the power of eminent domain in the
manner provided by Chapter 21 (Eminent Domain), Property Code,  but does
not require the district to deposit in the trial court money or bond as
provided by Section 21.021(a) (Possession Pending Litigation), Property
Code.  
 
(c)  Provides that in a condemnation proceeding brought by the district,
the district is not required to pay in advance or give bond or other
security for costs in the trial court, give bond for the issuance of a
temporary restraining order or a temporary injunction, or give bond for
costs or supersedeas on an appeal or writ of error.  

SECTION 5.11.  EXPENSES FOR MOVING FACILITIES OF RAILROADS AND UTILITIES.
Provides that if, in exercising the power of eminent domain, the board
requires relocating, raising, lowering, rerouting, changing the grade, or
altering the construction of any railroad, highway, pipeline, or electric
transmission and electric distribution, telegraph, or telephone lines,
conduits, poles, or facilities, the district is required to bear the actual
cost of making the changes to provide comparable replacement without
enhancement of a facility, after deducting the net salvage value derived
from the old facility.  

SECTION 5.12.  INDIGENT CARE.  (a) Requires the district to supply care and
treatment without charge to a patient who resides in the district if the
patient or relative who is legally responsible for the patient's support
cannot pay for the care and treatment. 

(b)  Requires the board to determine the health care services to be
provided to residents eligible for assistance under this section to fulfill
the district's obligations under Section 9, Article IX, Texas Constitution,
and Section 61.055 (Basic Health Care Services Provided by Hospital
Districts), Health and Safety Code.  Authorizes the board to enter into a
contract with another entity to fulfill its obligations under this Act,
Section 9, Article IX, Texas Constitution, and Section 61.055, Health and
Safety Code. 
 
(c)  Requires the district, not later than the first day of each operating
year, to adopt an application procedure to determine eligibility for
assistance, as provided by Section 61.053 (Application Procedure), Health
and Safety Code.  
 
(d)  Authorizes the administrator of the district to have an inquiry made
into the financial circumstances of a patient residing in the district and
admitted to a district facility and a relative of the patient who is
legally responsible for the patient's support.  
  
(e)  Requires the administrator, on finding that the patient or a relative
of the patient legally responsible for the patient's support can pay for
all or any part of the care and treatment provided by the district, to
report that finding to the board, and requires the board to issue an order
directing the patient or the relative to pay the district each week a
specified amount that the individual is able to pay.  
 
(f)  Authorizes the administrator to collect money owed to the district
from the estate of the patient or from that of a relative who was 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.  
 
(g)  Requires the board, if there is a dispute relating to an individual's
ability to pay or if the administrator has any doubt concerning the
individual's ability to pay, to call witnesses, hear and resolve the
question, and issue a final order.  Requires an appeal from a final order
of the board to be made to a district court in the county in which the
district is located, and provides that the substantial evidence rule
applies.  
 
SECTION 5.13.  REIMBURSEMENT FOR SERVICES.  (a) Requires the board to
require reimbursement from a county, municipality, or public hospital
located outside the boundaries of the district for the district's care and
treatment of a sick, diseased, or injured person of that county,
municipality, or public hospital as provided by Chapter 61 (Indigent Health
Care and Treatment Act), Health and Safety Code.  

(b)  Requires the board to require reimbursement from the sheriff or police
chief of a county or municipality for the district's care and treatment of
a person confined in a jail facility of the county or municipality who is
not a resident of the district.  
 
(c)  Authorizes the board to contract with state or federal government for
the state or federal government to reimburse the district for treatment of
a sick, diseased, or injured person.  
 
SECTION 5.14.  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 to furnish a
mobile emergency medical service or provide for the investigatory or
welfare needs of inhabitants of the district.  

SECTION 5.15.  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 5.16.  AUTHORITY TO SUE AND BE SUED.  Authorizes the board to sue
and be sued on behalf of the district.  

SECTION 5.17.  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 5.18.  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, including certain actions. 

SECTION 5.19.  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 is authorized to invest funds, including
investing funds as authorized by Chapter 2256 (Public Funds Investment),
Government Code. 

ARTICLE 6.  DISTRICT FINANCES

SECTION 6.01.  FISCAL YEAR.  (a) Provides that the district operates on the
fiscal year established by the board. 

(b)  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 annually to 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.  (a) Requires the administrator of the
district to prepare a proposed annual budget for the district.  

(b)  Requires the proposed budget to contain a complete financial
statement, including certain information. 

SECTION 6.05.  NOTICE; HEARING; ADOPTION OF BUDGET.  (a) Requires the board
to hold a public hearing on the proposed annual budget.  

(b)  Requires the board to publish notice of the hearing in a newspaper of
general circulation in the district not later than the 10th day before the
date of the hearing.  

 (c)  Entitles any resident of the district to be present and participate
at the hearing.  

(d)  Requires the board, at the conclusion of the hearing, to adopt a
budget by acting on the budget proposed by the administrator.  Authorizes
the board to make any changes in the proposed budget that in its judgment
the interests of the taxpayers demand.  

 (e)  Provides that the budget is effective only after adoption by the
board.  

SECTION 6.06.  AMENDING BUDGET.  Authorizes the annual budget, after
adoption, to be amended on the board's approval.  

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.  (a) Authorizes the district to borrow
money at a rate not to exceed the minimum annual percentage rate allowed by
law for district obligations at the time of the loan. 

 (b)  Authorizes the board, in order to secure a loan, to pledge certain
monies. 

 (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. 

SECTION 6.10.  DEPOSITORY.  (a) Requires the board to name at least one
bank to serve as depository for district funds.  

(b)  Requires district funds, other than those transmitted to a bank for
payment of bonds or obligations issued or assumed by the district, to be
deposited as received with the depository bank and to remain on deposit.
Provides that this subsection does not limit the power of the board to
place a portion of district funds on time deposit or to purchase
certificates of deposit.  

(c)  Requires the bank, before the district deposits funds in a bank in an
amount that exceeds the maximum amount secured by the Federal Deposit
Insurance Corporation, to 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.  

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 to accomplish certain purposes. 

SECTION 7.02.  TAXES TO PAY BONDS.  (a) Requires the board to levy a tax at
the time the bonds are issued by the district.  

(b)  Requires the tax to be sufficient to create an interest and sinking
fund to pay the principal of and interest on the bonds as the bonds mature.
 
(c)  Prohibits the tax together with any other tax the district levies from
exceeding the limit approved by the voters at the election authorizing the
levy of taxes in any year. 
 
SECTION 7.03.  BOND ELECTION.  (a) Authorizes the district to issue general
obligation bonds only if the bonds are authorized by a majority of the
qualified voters of the district voting at an election called and held for
that purpose under this section. 

(b)  Authorizes the board to order a bond election.  Requires the order
calling the election to make certain statements. 

(c)  Requires notice of a bond election to be given as provided by Chapter
1251 (Bond Elections), Government Code.  
 
 (d)  Requires the board to canvass the returns and declare the results of
the election.  
 
SECTION 7.04.  REVENUE BONDS.  (a) Authorizes the board to issue bonds to
accomplish certain purposes. 

(b)  Requires the bonds to be payable from and secured by a pledge of all
or part of the revenues derived from the operation of the district's
hospital system.  Authorizes the bonds to be additionally secured by a
mortgage or deed of trust lien on all or part of district property.  
 
(c)  Requires the bonds to be issued in the manner provided by Sections
264.042 (Form and Procedure), 264.043 (Terms), 264.046 (Junior Lien Bonds;
Parity Bonds), 264.047 (Bond Proceeds; Investment of Funds), 264.048
(Refunding Bonds), and 264.049 (Approval and Registration of Bonds), Health
and Safety Code, for issuance of revenue bonds by county  hospital
authorities.  
 
SECTION 7.05.  REFUNDING BONDS.  (a) Authorizes refunding bonds of the
district to be issued to refund and pay off any outstanding indebtedness
the district has issued or assumed.  

(b)  Requires the bonds to be issued in the manner provided by Chapter 1207
(Refunding Bonds), Government Code. 
 
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 (Interest
Rate), 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 requires the secretary
of the board to countersign the bonds in the manner provided by Chapter 618
(Uniform Facsimile Signature of Public Officials Act), Government Code. 

SECTION 7.08.  APPROVAL AND REGISTRATION OF BONDS. (a) Provides that
district bonds are subject to the same requirements with regard to approval
by the attorney general and registration by the comptroller as the law
provides for approval and registration of bonds issued by counties.  

(b)  Provides that, on approval by the attorney general and registration by
the comptroller, the bonds are incontestable for any cause.  
 
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.  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. (a) Authorizes the board annually to impose
property taxes in an amount not to exceed the limit approved by the voters
at the election authorizing the levy of taxes.  

(b)  Prohibits the tax rate for all purposes from exceeding 75 cents on
each $100 valuation of all taxable property in the district.  

(c)  Authorizes the taxes to be used to pay the indebtedness issued or
assumed by the district and the maintenance and operating expenses of the
district.  

(d)  Prohibits the district from imposing taxes to pay the principal of or
interest on revenue bonds issued under this Act.  

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

(b)  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. (a) Authorizes the board to order an
election on the question of dissolving the district and disposing of the
district's assets and obligations. 

(b)  Requires the board to order an election on the question of dissolving
the district and disposing of the district's assets and obligations if the
board receives a petition requesting an election that is signed by a number
of registered voters of the district equal to at least 15 percent of the
registered voters in the district.  
 
SECTION 9.03.  ELECTION ORDER. Requires the order calling the election to
contain certain statements. 

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 must appear at least 35 days before the date
set for the election.  

SECTION 9.05.  ELECTION DATE. (a) Requires the election to be held not
later than the 60th day after the date the election is ordered. 

(b)  Provides that Section 41.001, Election Code, does not apply to an
election ordered under this section. 
 
SECTION 9.06.  BALLOT PROPOSITION. Requires the ballot for an election at
which the dissolution of the district is proposed to be printed to permit
voting for or against the proposition:  "The dissolution of the West
Medical District." 

SECTION 9.07.  CANVASSING RETURNS. (a) Requires the board to canvass the
returns of the election.  

(b)  Requires the board, if a majority of the votes in the election favor
dissolution, to find that the district is dissolved. 
 
(c)  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 from being held before the
first anniversary of the date of the most recent election to dissolve the
district. 
 
SECTION 9.08.  DISSOLUTION PROCEDURES.  (a) Requires the board, if a
majority of the votes in the election favor dissolution, to dispose of the
district's assets. 

 (b)  Provides that if the district transfers the land, buildings,
improvements, equipment, and other assets to a county or other governmental
entity, the county or entity assumes all debts and obligations of the
district at the time of the transfer, at which time the district is
dissolved. Provides that if the district does not transfer the land,
buildings, improvements, equipment, and other assets to a county or other
governmental entity, or sell those assets and the liabilities to another
person, the board is required to administer the property, assets, and debts
of the district until all funds have been disposed of and all district
debts have been paid or settled, at which time the district is dissolved. 
 
(c)  Requires the board, after it finds that the district is dissolved, to
determine the debt owed by the district and impose on the property included
in the district's tax rolls a tax that is in proportion of the debt to the
property value.  

(d)  Requires the board, when all outstanding debts and obligations of the
district are paid, to order the secretary to return the pro rata share of
all unused tax money to each district taxpayer.  
 
(e)  Authorizes a taxpayer to request that the taxpayer's share of surplus
tax money be credited to the taxpayer's county taxes.  Requires the board,
if a taxpayer requests the credit, to direct the secretary to transmit the
funds to the county tax assessor-collector.  
 
(f)  Requires the board, after the district has paid all of the district's
debts and has disposed of all of the district's assets and funds as
prescribed by this section, to file a written report with the Commissioners
Court of McLennan County setting forth a summary of the board's actions in
dissolving the district.  
 
(g)  Requires the Commissioners Court of McLennan County, not later than
the 10th day after the date it receives the report and determines that the
requirements of this section have been fulfilled, to enter an order
dissolving the district and releasing the board from any further duty or
obligation. 
 
SECTION 9.09.  SALE OR TRANSFER OF ASSETS. (a) Authorizes the district to
provide for the sale or transfer of the district's assets and liabilities
to another entity or person and the district's subsequent dissolution.
Prohibits the dissolution of the district and the sale or transfer of the
district's assets and liabilities to another person or entity from
contravening a trust indenture or bond resolution relating to the
outstanding bonds of the district.  Provides that the dissolution and sale
or transfer does not diminish or impair the rights of a holder of an
outstanding bond, warrant, or other obligation of the district.  

(b)  Requires the sale or transfer of the district's assets and liabilities
to satisfy the debt and bond obligations of the district in a manner that
protects the interests of the residents of the district, including the
residents' collective property rights in the district's assets.  Provides
that any grant from federal funds is considered an obligation to be repaid
in satisfaction.  Prohibits the district from transferring or disposing of
the district's assets except for due compensation unless the transfer is
made to another governmental agency that serves the district and the
transferred assets are to be used for the benefit of residents 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 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.