By Gallego H.B. No. 1788
77R5027 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to property, facilities, and equipment of the Val Verde
1-3 County Hospital District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 10 and 11, Chapter 658, Acts of the 64th
1-6 Legislature, Regular Session, 1975, are amended to read as follows:
1-7 Sec. 10. (a) The district, through its board of directors,
1-8 is authorized to enter into an operating, management, or consulting
1-9 contract with regard to its facilities or a part thereof. The
1-10 contract must provide that the board retains responsibility for and
1-11 control of the district's operation. A company providing services
1-12 to the district under an operating, management, or consulting
1-13 contract and the officers, directors, and employees of the company,
1-14 while performing services under the contract for the benefit of the
1-15 district, shall be solely employees of the district regarding the
1-16 issue of the immunity or liability of the company and its officers,
1-17 directors, and employees, and shall have immunity or limited
1-18 liability under laws applicable to employees of the hospital
1-19 district (whether statutory or common law) to the extent an
1-20 employee of the hospital district would be so entitled under the
1-21 same circumstances.
1-22 (b) The board may sell or otherwise dispose of property,
1-23 facilities, or equipment on behalf of the district. Sale or other
1-24 disposal of the property, facilities, or equipment must be at a
2-1 public sale and at a price and on the terms the board determines
2-2 are most advantageous to the district.
2-3 (c) The board [district] may lease all or part of property,
2-4 [its buildings and] facilities, or equipment on behalf of the
2-5 district and on [upon] terms and conditions the board considers
2-6 [considered] to be in [to] the best interest of the residents of
2-7 the district. The term of a [its inhabitants, provided that in no
2-8 event shall any] lease may not exceed [be for a period in excess
2-9 of] 25 years from the date entered.
2-10 (d) The board may donate to another governmental entity or
2-11 to a charitable organization any surplus personal property or
2-12 equipment if the donation serves a public purpose and is
2-13 accompanied by adequate consideration. [The district shall be
2-14 empowered to sell or otherwise dispose of any property or equipment
2-15 of any nature upon terms and conditions found by the board to be in
2-16 the best interest of its inhabitants, provided, however, that in no
2-17 event shall the board be authorized to sell or dispose of any real
2-18 property unless the board affirmatively finds that the same is not
2-19 needed for the operation of the hospital system.]
2-20 Sec. 11. (a) The board of directors of such district shall
2-21 have the power to prescribe the method and manner of making
2-22 purchases and expenditures by and for such hospital district, and
2-23 shall also be authorized to prescribe all accounting and control
2-24 procedures.
2-25 (b) All contracts for construction involving the expenditure
2-26 of more than $15,000 may be made only after advertising in the
2-27 manner provided by Subchapter B, Chapter 271, Local Government
3-1 Code, or all contracts for purchases involving the expenditure of
3-2 more than $15,000 may be made only after advertising in the manner
3-3 provided by Subchapter C, Chapter 262, Local Government Code. The
3-4 provisions of Chapter 2253, Government Code, relating to
3-5 performance and payment bonds, shall apply to construction
3-6 contracts let by the district.
3-7 (c) The board may lease or acquire property, facilities, and
3-8 equipment for the use of the district and may mortgage or pledge
3-9 the property, facilities, or equipment as security for the payment
3-10 of the purchase price. [The district may acquire equipment for use
3-11 in its hospital system and mortgage or pledge the property so
3-12 acquired as security for the payment of the purchase price, but any
3-13 such contract shall provide for the entire obligation of the
3-14 district to be retired within five years from the date of the
3-15 contract.] Except as permitted in the preceding sentence and as
3-16 permitted by Sections 7 and 8 of this Act, the district may incur
3-17 no obligation payable from any revenues of the district, taxes or
3-18 otherwise, except those on hand or to be on hand within the then
3-19 current and following fiscal year of the district.
3-20 SECTION 2. This Act takes effect immediately if it receives
3-21 a vote of two-thirds of all the members elected to each house, as
3-22 provided by Section 39, Article III, Texas Constitution. If this
3-23 Act does not receive the vote necessary for immediate effect, this
3-24 Act takes effect September 1, 2001.