By Counts H.B. No. 1512
77R4039 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of Stonewall County Hospital
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 54, Acts of the 58th Legislature, Regular
1-6 Session, 1963, is amended by adding Section 2A to read as follows:
1-7 Sec. 2A. A county, municipality, or other governmental
1-8 entity in which the District is located may not levy taxes or issue
1-9 bonds or other obligations for hospital purposes or for providing
1-10 medical care for the residents of the District.
1-11 SECTION 2. Section 3, Chapter 54, Acts of the 58th
1-12 Legislature, Regular Session, 1963, is amended to read as follows:
1-13 Sec. 3. (a) Within ten (10) days after such election is held
1-14 the Commissioners Court in such County shall convene and canvass
1-15 the returns of the election, and if a majority of the qualified
1-16 property taxpaying electors voting at said election voted in favor
1-17 of the proposition, the Court shall so find and declare the
1-18 Hospital District established and created and appoint five (5)
1-19 persons as directors of the Hospital District to serve until the
1-20 first Saturday in April following the creation and establishment of
1-21 the District at which time five (5) directors shall be elected.
1-22 The three (3) directors receiving the highest vote at such first
1-23 election shall serve for two (2) years, the other two (2) directors
1-24 shall serve for one year. Thereafter, all directors shall serve
2-1 for a period of two (2) years and until their successor has been
2-2 duly elected or appointed and qualified. [No person shall be
2-3 appointed or elected as a member of the board of directors of said
2-4 Hospital District unless he is a resident thereof and owns land
2-5 subject to taxation therein and unless at the time of such election
2-6 or appointment he shall be more than twenty-one (21) years of age.]
2-7 Each member of the board of directors shall qualify by executing
2-8 the consitutional oath of office [and shall execute a good and
2-9 sufficient bond for One Thousand Dollars ($1,000) payable to said
2-10 District conditioned upon the faithful performance of his duties,
2-11 and such oaths and bonds shall be deposited with the depository
2-12 bank of the District for safekeeping].
2-13 (b) The board of directors shall organize by electing one
2-14 (1) of their number as president and one (1) of their number as
2-15 vice president [secretary]. The directors shall also elect one
2-16 person who is not required to be a director to serve as secretary
2-17 and treasurer. Each officer serves a one-year term. Any three (3)
2-18 members of the board of directors shall constitute a quorum and a
2-19 concurrence of three (3) shall be sufficient in all matters
2-20 pertaining to the business of the District. All vacancies in the
2-21 office of director shall be filled for the unexpired term by a
2-22 majority vote [appointment] of the remainder of the board of
2-23 directors. In the event the number of directors shall be reduced
2-24 to less than three (3) for any reason, the remaining directors
2-25 shall immediately call a special election to fill said vacancies,
2-26 and upon failure to do so a district court may, upon application of
2-27 any qualified voter or taxpayer of the District, issue a mandate
3-1 requiring that such election be ordered by the remaining directors.
3-2 (c) The board of directors shall order a [A] regular
3-3 election of directors to [shall] be held on the first Saturday in
3-4 May [April] of each year. The board of directors shall issue the
3-5 order at least 45 days before the date of the election. The order
3-6 must state the time, place, and purpose of the election. The board
3-7 of directors shall appoint the presiding judge, who shall appoint
3-8 the assistant judge and the clerks as may be required. Notice [and
3-9 notice] of such election shall be published in a newspaper of
3-10 general circulation in the District [County] one (1) time at least
3-11 ten (10) days prior to the date of election. Any person desiring
3-12 that person's [his] name to be printed on the ballot as a candidate
3-13 for director shall file an application [a petition, signed by not
3-14 less than twenty-five (25) qualified voters asking that such name
3-15 be printed on the ballot,] with the secretary of the board of
3-16 directors of the District[. Such petition shall be filed with such
3-17 secretary] at least 31 [twenty-five (25)] days prior to the date of
3-18 election.
3-19 (d) To be eligible to be a candidate for or to serve as a
3-20 director, a person must be a resident of the District and a
3-21 qualified voter. An employee of the District may not serve as a
3-22 director.
3-23 SECTION 3. Section 4, Chapter 54, Acts of the 58th
3-24 Legislature, Regular Session, 1963, is amended to read as follows:
3-25 Sec. 4. (a) The management and control of each Hospital
3-26 District created pursuant to the provisions of this Act is hereby
3-27 vested in the board of directors of the District, who shall serve
4-1 without compensation but may be reimbursed for actual expenses
4-2 incurred in the performance of their official duties, provided the
4-3 expenses are reported in the District's minutes and approved [upon
4-4 the approval of such expenses] by the [entire] board of directors.
4-5 (b) The board of directors shall appoint a qualified person
4-6 as administrator of the District and may appoint an assistant
4-7 administrator. The administrator and assistant administrator serve
4-8 at the will of the board of directors. The administrator and
4-9 assistant administrator are entitled to compensation as determined
4-10 by the board of directors. Before assuming the administrator's
4-11 duties, the administrator shall execute a bond payable to the
4-12 Hospital District in an amount of not less than $5,000 as
4-13 determined by the board of directors, conditioned on the faithful
4-14 performance of the administrator's duties under this Act and any
4-15 other condition the board of directors may prescribe. The board of
4-16 directors may pay for the bond with District funds.
4-17 (c) The administrator shall supervise the work and
4-18 activities of the District and direct the general affairs of the
4-19 District, subject to the limitations prescribed by the board of
4-20 directors.
4-21 (d) The District may appoint physicians to the staff and
4-22 employ technicians, nurses, fiscal agents, accountants, architects,
4-23 attorneys, and other necessary employees. The board of directors
4-24 may delegate to the administrator the authority to employ persons
4-25 for the District.
4-26 (e) The board of directors may contract with any other
4-27 public or private entity, including the federal government, this
5-1 state, a county, a municipality, a hospital district, or any other
5-2 political subdivision, or a charitable organization, to provide
5-3 health care or related services inside or outside the District.
5-4 (f) The board of directors shall determine the type, number,
5-5 and location of buildings required to establish and maintain an
5-6 adequate hospital system and the type of equipment necessary for
5-7 hospital care. The board of directors may establish and equip a
5-8 clinic as part of the hospital system.
5-9 (g) The board of directors may acquire property, facilities,
5-10 and equipment for the District for use in the hospital system or
5-11 mortgage or pledge the property, facilities, or equipment acquired
5-12 as security for the payment of the purchase price. The board of
5-13 directors may transfer by lease to individuals, companies,
5-14 corporations, or other legal entities or acquire by lease District
5-15 hospital facilities and sell or otherwise dispose of District
5-16 property, facilities, or equipment.
5-17 (h) The board of directors may enter into operating or
5-18 management contracts relating to hospital facilities. The term of
5-19 a contract may not exceed 25 years from the date the contract is
5-20 entered into.
5-21 (i) The board of directors may provide retirement benefits
5-22 for employees of the District by establishing or administering a
5-23 retirement program or electing to participate in the Texas County
5-24 and District Retirement System or in any other statewide retirement
5-25 system in which the District is eligible to participate.
5-26 (j) The board of directors may spend District funds to
5-27 recruit physicians, nurses, and other trained medical personnel.
6-1 (k) The board of directors may institute a suit to enforce
6-2 the payment of taxes and to foreclose liens to secure the payment
6-3 of taxes due to the District.
6-4 (l) The board of directors may provide or contract for the
6-5 provision of educational programs or courses for employees and
6-6 medical staff of the District.
6-7 (m) The board of directors may institute a suit to collect
6-8 amounts owed the District by patients who have not been determined
6-9 to be unable to pay under Section 11 of this Act.
6-10 SECTION 4. Section 5, Chapter 54, Acts of the 58th
6-11 Legislature, Regular Session, 1963, is amended to read as follows:
6-12 Sec. 5. (a) The [Upon the creation of such Hospital
6-13 District, the] board of directors [shall have the power and
6-14 authority and it] shall annually [be their duty to] levy on all
6-15 property subject to hospital district taxation for the benefit of
6-16 the District [at the same time taxes are levied for County
6-17 purposes, using the County values and the County tax roll,] a tax
6-18 in an amount not to exceed the limit approved by the voters. The
6-19 tax rate for all purposes may not [of not to] exceed Seventy-five
6-20 Cents (75 ) on the One Hundred Dollars valuation of all taxable
6-21 property within the Hospital District, for the purpose of: (1)
6-22 paying the indebtedness assumed or [interest on and creating a
6-23 sinking fund for bonds which may be] issued by the Hospital
6-24 District [for hospital purposes as herein provided]; (2) providing
6-25 for the operation and maintenance of the Hospital District and
6-26 hospital system; and (3) for the purpose of making further
6-27 improvements and additions to the hospital system, and for the
7-1 acquisition of necessary sites therefor, by purchase, lease or
7-2 condemnation.
7-3 (b) The district may not impose taxes to pay the principal
7-4 of or interest on revenue bonds issued by the district.
7-5 (c) The Tax Code governs the appraisal, assessment, and
7-6 collection of District taxes. The board of directors may provide
7-7 for the appointment of a tax assessor-collector for the District or
7-8 may contract for the assessment and collection of taxes as provided
7-9 by the Tax Code. [Not later than October 1st of each year, the
7-10 board of directors shall levy the tax on all taxable property
7-11 within the District which is subject to taxation and shall
7-12 immediately certify such tax rate to the tax assessor and collector
7-13 of the county in which the District is located. The tax so levied
7-14 shall be collected on all property subject to hospital district
7-15 taxation by the assessor and collector of taxes for the county on
7-16 the county tax values, and in the same manner and under the same
7-17 conditions as county taxes. The assessor and collector of taxes
7-18 shall charge and deduct from payments to the Hospital District the
7-19 fees for assessing and collecting the tax at the rate of not
7-20 exceeding one per cent (1%) of the amounts collected as may be
7-21 determined by the board of directors but in no event in excess of
7-22 Five Thousand Dollars ($5,000) for any one (1) fiscal year. Such
7-23 fees shall be deposited in the county's general fund, and shall be
7-24 reported as fees of office of the tax assessor and collector.
7-25 Interest and penalties on taxes paid to the Hospital District shall
7-26 be the same as in the case of county taxes. Discounts shall be the
7-27 same as for county taxes. The residue of tax collections, after
8-1 deduction of discounts and fees for assessing and collecting, shall
8-2 be deposited in the District depository; and such funds shall be
8-3 withdrawn only as provided herein. All other income of the
8-4 Hospital District shall be deposited in like manner with the
8-5 District depository.]
8-6 [The board of directors shall have the authority to levy the
8-7 tax aforesaid for the entire year in which the said Hospital
8-8 District is established, for the purpose of securing funds to
8-9 initiate the operation of the Hospital District.]
8-10 SECTION 5. Section 6, Chapter 54, Acts of the 58th
8-11 Legislature, Regular Session, 1963, is amended to read as follows:
8-12 Sec. 6. (a) The board of directors may issue and sell bonds
8-13 authorized by an election in the name and on the faith and credit
8-14 of the Hospital District to purchase, construct, acquire, repair,
8-15 or renovate buildings or improvements, equip buildings or
8-16 improvements for hospital purposes, or acquire and operate a mobile
8-17 emergency medical or air ambulance service.
8-18 (b) At the time the bonds are issued by the District, the
8-19 board of directors shall levy a tax. The tax must be sufficient to
8-20 create an interest and sinking fund to pay the principal of and
8-21 interest on the bonds as they mature. In any year, the tax
8-22 together with any other tax the District levies may not exceed the
8-23 limit approved by the voters at the election authorizing the levy
8-24 of taxes.
8-25 (c) The District may issue general obligation bonds only if
8-26 the bonds are authorized by a majority of the qualified voters of
8-27 the District voting at an election called and held for that
9-1 purpose. The board of directors may order a bond election.
9-2 (d) The bond election shall be conducted as provided by
9-3 Chapter 1251, Government Code.
9-4 (e) Bonds of the district shall bear interest not to exceed
9-5 six percent per year, mature within 40 years of their date, be
9-6 executed in the name of the Hospital District and in its behalf by
9-7 the president of the board of directors and countersigned by the
9-8 secretary in the manner provided by Chapter 618, Government Code
9-9 (Uniform Facsimile Signature of Public Officials Act), and shall be
9-10 subject to the same requirements in the matter of approval by the
9-11 attorney general and registration by the comptroller as are by law
9-12 provided for approval and registration of bonds issued by counties.
9-13 Upon the approval of such bonds by the attorney general and
9-14 registration by the comptroller, the bonds shall be incontestable
9-15 for any cause. [The board of directors shall have the power and
9-16 authority to issue and sell as the obligations of such Hospital
9-17 District, and in the name and upon the faith and credit of such
9-18 Hospital District, bonds for the purchase, construction,
9-19 acquisition, repair or renovation of buildings and improvements and
9-20 equipping the same for hospital purposes and for any or all of such
9-21 purposes; provided, that a sufficient tax shall be levied to create
9-22 an interest and sinking fund to pay the interest and principal as
9-23 same matures providing said tax together with any other taxes
9-24 levied for said District shall not exceed Seventy-five Cents (75 )
9-25 and any one (1) year. Such bonds shall be executed in the name of
9-26 the Hospital District and on its behalf by the president of the
9-27 board of directors, and countersigned by the secretary of the board
10-1 of directors, and shall be subject to the same requirements in the
10-2 matter of approval thereof by the Attorney General of the State of
10-3 Texas and the registration thereof by the Comptroller of Public
10-4 Accounts of the State of Texas as are by law provided for such
10-5 approval and registration of bonds of counties of this State. Upon
10-6 the approval of such bonds by the Attorney General of Texas and
10-7 registration by the Comptroller the same shall be incontestable for
10-8 any cause. No bonds shall be issued by such Hospital District
10-9 (except refunding bonds) until authorized by a majority vote of the
10-10 legally qualified property taxpaying electors, residing in such
10-11 Hospital District, voting at an election called and held for such
10-12 purpose. Such election may be called by the board of directors on
10-13 its own motion, and the order calling said election shall specify
10-14 the date of the election, the place or places where the election
10-15 shall be held, the presiding officers thereof, the purpose for
10-16 which the bonds are to be issued, the amount thereof, maximum
10-17 interest rate (not to exceed six per cent (6%) per annum) and the
10-18 maximum maturity date of such bonds (not to exceed forty (40) years
10-19 from their date of issuance). Notice of election shall be given by
10-20 publishing a substantial copy of the order calling the election in
10-21 a newspaper of general circulation in such County once a week for
10-22 two (2) consecutive weeks prior to the date of election, the date
10-23 of the first publication being at least fourteen (14) full days
10-24 prior to the date set for the election. The cost of such election
10-25 shall be paid by the Hospital District.]
10-26 [The bonds of the District may be made optional for
10-27 redemption prior to their maturity date at the discretion of the
11-1 board of directors.]
11-2 [The District may without an election issue the bonds to
11-3 refund and pay off any validly issued and outstanding bonds
11-4 heretofore issued by the District, provided any such refund bonds
11-5 shall bear interest at the same rate or at a lesser rate than the
11-6 bonds being refunded unless it be shown mathematically that a
11-7 savings will result in the total amount of interest to be paid.]
11-8 SECTION 6. Chapter 54, Acts of the 58th Legislature, Regular
11-9 Session, 1963, is amended by adding Section 6A to read as follows:
11-10 Sec. 6A. (a) The board of directors may issue revenue bonds
11-11 to purchase, construct, acquire, repair, equip, or renovate
11-12 buildings or improvements for hospital purposes, acquire sites to
11-13 be used for hospital purposes, or acquire and operate a mobile
11-14 emergency medical or air ambulance service to assist the District
11-15 in carrying out its hospital purposes.
11-16 (b) The bonds must be payable from and secured by a pledge
11-17 of all or part of the revenues derived from the operation of the
11-18 District's hospital system. The bonds may be additionally secured
11-19 by a mortgage or deed of trust lien on all or part of District
11-20 property.
11-21 (c) The bonds must be issued in the manner provided by
11-22 Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
11-23 Health and Safety Code, for issuance of revenue bonds by county
11-24 hospital authorities.
11-25 SECTION 7. Section 7, Chapter 54, Acts of the 58th
11-26 Legislature, Regular Session, 1963, is amended to read as follows:
11-27 Sec. 7. (a) The board of directors of such District shall
12-1 have the power to prescribe the method and manner of making
12-2 purchases and expenditures by and for such Hospital District, and
12-3 also shall prescribe all accounting and control procedures; the
12-4 method of purchasing necessary supplies, materials and equipment;
12-5 and shall have the power to adopt a seal for such District[; and
12-6 may employ a general manager, attorney, bookkeeper, architect, and
12-7 any other employees deemed necessary for the efficient operation of
12-8 the Hospital District]. The District shall comply with the bidding
12-9 requirements of Chapter 271, Local Government Code. Except as
12-10 permitted by this Act, the District may not incur an obligation
12-11 payable from any revenue of the District except revenue currently
12-12 held by the District or revenue that will be held by the District
12-13 in the then current fiscal year of the District.
12-14 (b) All books, records, accounts, notices and minutes and
12-15 all other matters of the District and the operation of its
12-16 facilities shall, except as herein provided, be maintained at the
12-17 office of the District and there be open to public inspection at
12-18 all reasonable hours.
12-19 (c) The board of directors is specifically empowered to
12-20 adopt rules and regulations governing the operation of such
12-21 District and its facilities which rules and regulations shall
12-22 supplement but shall not contravene any of the provisions of this
12-23 Act. Such rules and regulations may, upon approval of the board of
12-24 directors, be published in booklet or pamphlet form at the expense
12-25 of the District and may be made available to any taxpayer upon
12-26 request.
12-27 SECTION 8. Section 8, Chapter 54, Acts of the 58th
13-1 Legislature, Regular Session, 1963, is amended to read as follows:
13-2 Sec. 8. (a) The District operates on the fiscal year
13-3 established by the board of directors. The fiscal year may not be
13-4 changed if revenue bonds of the District are outstanding or more
13-5 than once in a 24-month period. [The fiscal year of the Hospital
13-6 District authorized to be established by the provisions hereof
13-7 shall commence on October 1st of each year and end on the 30th day
13-8 of September of the following year.] The district directors shall
13-9 cause an annual [independent] audit to be made of the books and
13-10 records of the District, such audit to be made covering such fiscal
13-11 year[, and the same shall be filed with the Comptroller of Public
13-12 Accounts of the State of Texas and at the office of the District
13-13 not later than December 31st of each year]. The annual audit and
13-14 other District records are open to inspection during regular
13-15 business hours at the principal office of the District.
13-16 (b) The board of directors shall each year cause a budget to
13-17 be prepared showing the proposed expenditures and disbursements and
13-18 the estimated receipts and collections for the following fiscal
13-19 year and shall hold a public hearing on the proposed budget after
13-20 publication of a notice of hearing in a newspaper of general
13-21 circulation in the County at least once not less than ten (10) days
13-22 prior to the date set for the hearing. Money may not be spent for
13-23 any expense not included in the annual budget or an amendment to
13-24 the budget. The annual budget may be amended as necessary, but the
13-25 annual budget and all amendments to it must be approved by the
13-26 board of directors. As soon as practicable after the close of each
13-27 fiscal year, the administrator shall prepare for the board of
14-1 directors a full sworn statement of all money belonging to the
14-2 District and a full account of the disbursements of that money.
14-3 (c) Any person who is a taxpayer of the District shall have
14-4 the right to appear at the time and place designated in the notice
14-5 and be heard with reference to any item shown in the proposed
14-6 budget. The proposed budget shall also show the amount of taxes
14-7 required to be levied and collected during such fiscal year and
14-8 upon final approval of the budget, the board of directors shall
14-9 levy such tax as may be required and certify the tax rate for such
14-10 year to the county tax assessor and collector as provided in
14-11 Section 5 hereof, and it shall be the duty of the said tax assessor
14-12 and collector to assess and collect such tax.
14-13 SECTION 9. Section 9, Chapter 54, Acts of the 58th
14-14 Legislature, Regular Session, 1963, is amended to read as follows:
14-15 Sec. 9. A Hospital District organized in pursuance of this
14-16 Act shall have the right and power of eminent domain for the
14-17 purpose of acquiring by condemnation any and all property of any
14-18 kind or character, real, personal or mixed, or any interest
14-19 therein, including outright ownership of such property in fee
14-20 simple absolute, within the boundaries of the said District,
14-21 necessary or convenient to the exercise of the rights, power,
14-22 privileges and functions conferred upon it by this Act, in the
14-23 manner provided by General Law with respect to condemnation;
14-24 provided that the said District shall not be required to make
14-25 deposits in the registry of the trial court of the sum required by
14-26 Section 21.021, Property Code [Paragraph No. 2 in Article 3268,
14-27 Vernon's Annotated Civil Statutes, 1925], or to make the bond
15-1 required therein. In condemnation proceedings being prosecuted by
15-2 the said District, the District shall not be required to pay in
15-3 advance or to give bond or other security for costs in the trial
15-4 court, nor to give any bond otherwise required for the issuance of
15-5 a temporary restraining order or a temporary injunction relating to
15-6 a condemnation proceeding, nor to give bond for costs or for
15-7 supersedeas on any appeal or writ of error proceeding to any Court
15-8 of Civil Appeals, or to the Supreme Court.
15-9 SECTION 10. Section 10, Chapter 54, Acts of the 58th
15-10 Legislature, Regular Session, 1963, is amended to read as follows:
15-11 Sec. 10. (a) Within thirty (30) days after appointment and
15-12 qualification of the board of directors of a Hospital District, the
15-13 said directors shall by resolution designate a bank or banks
15-14 [within the county in which the District is located] as the
15-15 District's depository or treasurer [and all funds of the District
15-16 shall be secured in the manner now provided for the security of
15-17 county funds. The depository shall serve for a period of two (2)
15-18 years until a successor has been named].
15-19 (b) District money shall be deposited as received with the
15-20 depository bank or banks, except that sufficient money shall be
15-21 remitted to the bank or banks for the payment of principal of and
15-22 interest on the outstanding bonds of the District or other
15-23 obligations assumed by it. The District shall remit money for
15-24 payment of obligations so that the money is received on or before
15-25 the date of maturity of the principal and interest to be paid.
15-26 Money in the depository bank or banks that is not insured by the
15-27 Federal Deposit Insurance Corporation shall be secured in the
16-1 manner provided by law for security of county money. Membership on
16-2 the board of directors by an officer or director of a bank does not
16-3 disqualify that bank from being designated as depository.
16-4 SECTION 11. Sections 11-16, Chapter 54, Acts of the 58th
16-5 Legislature, Regular Session, 1963, are amended to read as follows:
16-6 Sec. 11. [The Hospital District established or maintained
16-7 under provisions of this Act shall be subject to inspection by any
16-8 duly authorized representative of the State Board of Health or any
16-9 State Board of Charities (or Public Welfare) that may hereafter be
16-10 created, and resident officers shall admit such representatives
16-11 into all Hospital District facilities and give them access on
16-12 demand to all records, reports, books, papers and accounts
16-13 pertaining to the Hospital District.]
16-14 [Sec. 12. Except as herein provided, Stonewall County, or any
16-15 city or town within the Hospital District, shall not levy any tax
16-16 against any property within the Hospital District for hospital
16-17 purposes; and such Hospital District shall assume full
16-18 responsibility for the furnishing of medical and hospital care for
16-19 the needy and indigent persons residing in said Hospital District
16-20 from the date that taxes are collected for the Hospital District.]
16-21 [Sec. 13.] Whenever a patient residing in the Hospital
16-22 District has been admitted to the facilities of the Hospital
16-23 District, the administrator [directors] shall cause inquiry to be
16-24 made as to the patient's [his] circumstances, and of the relatives
16-25 of such patient legally liable for the patient's [his] support. If
16-26 the administrator finds [they find] that such patient or said
16-27 relatives are liable to pay for the patient's [his] care and
17-1 treatment in whole or in part, an order shall be made directing
17-2 such patient, or said relatives, to pay to the treasurer of the
17-3 Hospital District for the support of such patient a specified sum
17-4 per week, in proportion to their financial ability[, but such sum
17-5 shall not exceed the actual per capita cost of maintenance]. The
17-6 administrator [District] shall have power and authority to collect
17-7 such sum from the estate of the patient, or the patient's [his]
17-8 relatives legally liable for the patient's [his] support, in the
17-9 manner provided by law for the collection of expenses of the last
17-10 illness of a deceased person. If the administrator [agent
17-11 designated by the District to handle such affairs] finds that such
17-12 patient or said relatives are not able to pay, either in whole or
17-13 in part, for the patient's [his] care and treatment in such
17-14 hospital, the amount the patient or relatives cannot pay [same]
17-15 shall become a charge upon the Hospital District. Should there be
17-16 a dispute as to the ability to pay, or doubt in the mind of the
17-17 administrator [person designated as aforesaid], the District's
17-18 directors shall hear and determine same, after calling witnesses,
17-19 and shall make such order as may be proper, from which appeal shall
17-20 lie to the District Court by either party to the dispute.
17-21 Sec. 12 [14]. Said board of directors of the Hospital
17-22 District is authorized on behalf of said Hospital District to
17-23 accept donations, gifts and endowments for the Hospital District to
17-24 be held in trust and administered by the board of directors for
17-25 such purposes and under such directions, limitations, and
17-26 provisions as may be prescribed in writing by donor, not
17-27 inconsistent with proper management and objects of Hospital
18-1 District.
18-2 Sec. 13 [15]. All bonds issued by or indebtedness assumed by
18-3 the District authorized to be established and created under the
18-4 provisions of this Act shall be and are declared to be legal and
18-5 authorized investments for banks, savings banks, trust companies,
18-6 building and loan associations, savings and loan associations,
18-7 insurance companies, fiduciaries, trustees, guardians, and for the
18-8 sinking funds of cities, towns, villages, counties, school
18-9 districts, or other political corporations or subdivisions of the
18-10 State of Texas and for all public funds of the state or its
18-11 agencies, including the state permanent school fund. The [; and
18-12 such] bonds and indebtedness are eligible to secure deposits of
18-13 public funds of the state and of municipalities, counties, school
18-14 districts, and other subdivisions or corporations of the state and
18-15 are [shall be] lawful and sufficient security for deposits to the
18-16 extent of their face value when accompanied by all unmatured
18-17 coupons appurtenant thereto.
18-18 Sec. 14 [16]. The Hospital District created under the
18-19 provisions of this Act shall be and is declared to be a political
18-20 subdivision of the State of Texas, and as a governmental agency may
18-21 sue and be sued in any and all courts of this State in the name of
18-22 such District.
18-23 SECTION 12. Chapter 54, Acts of the 58th Legislature,
18-24 Regular Session, 1963, is amended by adding Sections 15, 15A, and
18-25 15B to read as follows:
18-26 Sec. 15. (a) If the board of directors determines that money
18-27 is not available to meet the lawful obligations of the District and
19-1 that an emergency exists, the board of directors may borrow money
19-2 at a rate of interest not to exceed the maximum annual percentage
19-3 rate allowed by law for District obligations at the time of the
19-4 loan.
19-5 (b) To secure a loan, the board of directors may pledge:
19-6 (1) the revenues of the District that are not pledged
19-7 to pay the bond indebtedness of the District;
19-8 (2) tax revenue to be collected by the District during
19-9 the 12-month period following the date of the pledge that has not
19-10 been pledged to pay the principal of or interest on district bonds;
19-11 or
19-12 (3) District bonds that have been authorized but have
19-13 not been sold.
19-14 (c) A loan for which tax revenue or bonds are pledged shall
19-15 mature not later than the third anniversary of the date on which
19-16 the loan was made. A loan for which other District revenues are
19-17 pledged shall mature not later than the fifth anniversary of the
19-18 date on which the loan was made.
19-19 (d) The board of directors may not use loan proceeds
19-20 obtained under this section for any purpose other than the purpose
19-21 for which the board of directors determined an emergency existed.
19-22 If tax revenue or bonds are pledged to pay the loan, the board of
19-23 directors may not use the loan proceeds for a purpose other than
19-24 the purpose for which the taxes were levied or the bonds were
19-25 authorized.
19-26 Sec. 15A. (a) The board of directors may borrow money at a
19-27 rate of interest not to exceed the maximum annual percentage rate
20-1 allowed by law for District obligations at the time of the loan.
20-2 (b) To secure a loan, the board of directors may pledge:
20-3 (1) the revenues of the District that are not pledged
20-4 to pay the bond indebtedness of the District;
20-5 (2) tax revenue to be collected by the District during
20-6 the 12-month period following the date of the pledge that has not
20-7 been pledged to pay the principal of or interest on District bonds;
20-8 or
20-9 (3) District bonds that have been authorized but have
20-10 not been sold.
20-11 (c) A loan for which tax revenue or bonds are pledged shall
20-12 mature not later than the third anniversary of the date on which
20-13 the loan was made. A loan for which other District revenues are
20-14 pledged shall mature not later than the fifth anniversary of the
20-15 date on which the loan was made.
20-16 Sec. 15B. (a) The District may be dissolved only if the
20-17 dissolution is approved by a majority of the qualified voters of
20-18 the District voting in an election called and held for that
20-19 purpose.
20-20 (b) The board of directors may order an election on the
20-21 question of dissolving the District and disposing of the District's
20-22 assets and obligations. The board of directors shall order an
20-23 election if the board of directors receives a petition requesting
20-24 an election that is signed by a number of residents of the District
20-25 equal to at least 15 percent of the registered voters in the
20-26 District.
20-27 (c) The election shall be held not later than the 60th day
21-1 after the date the election is ordered. Section 41.001(a),
21-2 Election Code, does not apply to an election ordered under this
21-3 section. The order calling the election shall state:
21-4 (1) the nature of the election, including the
21-5 proposition that is to appear on the ballot;
21-6 (2) the date of the election;
21-7 (3) the hours during which the polls will be open; and
21-8 (4) the location of the polling places.
21-9 (d) The board of directors shall give notice of the election
21-10 by publishing the election order in a newspaper with general
21-11 circulation in the District once a week for two consecutive weeks.
21-12 The first publication must appear not less than 35 days before the
21-13 date set for the election. The ballot for the election shall be
21-14 printed to permit voting for or against the proposition: "The
21-15 dissolution of the Stonewall County Hospital District."
21-16 (e) If a majority of the votes in the election favor
21-17 dissolution, the board of directors shall find that the District is
21-18 dissolved. If a majority of the votes in the election do not favor
21-19 dissolution, the board of directors shall continue to administer
21-20 the District, and another election on the question of dissolution
21-21 may not be held before the first anniversary of the most recent
21-22 election to dissolve the District.
21-23 (f) If a majority of the votes in the election favor
21-24 dissolution, the board of directors shall:
21-25 (1) transfer the land, buildings, improvements,
21-26 equipment, and other assets that belong to the District to a county
21-27 or other governmental agency in Stonewall County;
22-1 (2) sell the assets and liabilities to another person
22-2 or entity; or
22-3 (3) administer the property, assets, and debts until
22-4 all money has been disposed of and all District debts have been
22-5 paid or settled.
22-6 (g) If the District transfers the land, buildings,
22-7 improvements, equipment, and other assets to a county or other
22-8 governmental agency, the county or agency assumes all debts and
22-9 obligations of the District at the time of the transfer, and the
22-10 District is dissolved.
22-11 (h) After the board of directors finds that the District is
22-12 dissolved, the board of directors shall:
22-13 (1) determine any remaining debt owed by the District;
22-14 and
22-15 (2) impose on the property included in the District's
22-16 tax rolls a tax that is in proportion of the debt to the property
22-17 value.
22-18 (i) When remaining outstanding debts and obligations of the
22-19 District are paid, the board of directors shall order the secretary
22-20 to return the pro rata share of all unused tax money to each
22-21 District taxpayer.
22-22 (j) A taxpayer may request that the taxpayer's share of
22-23 surplus tax money be credited to the taxpayer's county taxes. If a
22-24 taxpayer requests the credit, the board of directors shall direct
22-25 the secretary to transmit the money to the county tax
22-26 assessor-collector.
22-27 (k) After the District has paid all its debts and has
23-1 disposed of all its assets and money as prescribed by this section,
23-2 the board of directors shall file a written report with the
23-3 Commissioners Court of Stonewall County setting forth a summary of
23-4 the board of directors' actions in dissolving the District.
23-5 (l) Not later than the 10th day after the date it receives
23-6 the report and determines that the requirements of this section
23-7 have been fulfilled, the Commissioners Court of Stonewall County
23-8 shall enter an order dissolving the District and releasing the
23-9 board of directors of the District from any further duty or
23-10 obligation.
23-11 (m) The District may not be dissolved unless the board of
23-12 directors provides for the sale or transfer of the District's
23-13 assets and liabilities to another person or entity. The
23-14 dissolution of the District and the sale or transfer of the
23-15 District's assets and liabilities may not contravene a trust
23-16 indenture or bond resolution relating to the outstanding bonds of
23-17 the District. The dissolution and sale or transfer does not
23-18 diminish or impair the rights of a holder of an outstanding bond,
23-19 warrant, or other obligation of the District.
23-20 (n) The sale or transfer of the District's assets and
23-21 liabilities must satisfy the debt and bond obligations of the
23-22 District in a manner that protects the interests of the residents
23-23 of the District, including the residents' collective property
23-24 rights in the District's assets. A grant from federal funds is an
23-25 obligation to be repaid in satisfaction. The District may not
23-26 transfer or dispose of the District's assets except for due
23-27 compensation unless the transfer is made to a governmental agency
24-1 that serves the District and the transferred assets are to be used
24-2 for the benefit of the residents of the District.
24-3 SECTION 13. Chapter 54, Acts of the 58th Legislature,
24-4 Regular Session, 1963, is amended by adding Section 16 to read as
24-5 follows:
24-6 Sec. 16. The state may not become obligated for the support
24-7 or maintenance of the Stonewall County Hospital District created
24-8 under this Act, and the legislature may not make a direct
24-9 appropriation for the construction, maintenance, or improvement of
24-10 a facility of the District.
24-11 SECTION 14. This Act takes effect September 1, 2001.
24-12 COMMITTEE AMENDMENT NO. 1
24-13 Amend H.B. No. 1512, on page 6, by striking lines 13 and 14
24-14 and substituting "[District, the] board of directors may annually
24-15 [shall have the power and authority and it shall be their duty to]
24-16 levy on all".
24-17 77R7903 JMG-D Lewis of Tarrant