1-1 By: Gallego (Senate Sponsor - Madla) H.B. No. 1788
1-2 (In the Senate - Received from the House April 2, 2001;
1-3 April 3, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 25, 2001, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; April 25, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to property, facilities, and equipment of the Val Verde
1-10 County Hospital District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 10 and 11, Chapter 658, Acts of the 64th
1-13 Legislature, Regular Session, 1975, are amended to read as follows:
1-14 Sec. 10. (a) The district, through its board of directors,
1-15 is authorized to enter into an operating, management, or consulting
1-16 contract with regard to its facilities or a part thereof. The
1-17 contract must provide that the board retains responsibility for and
1-18 control of the district's operation. A company providing services
1-19 to the district under an operating, management, or consulting
1-20 contract and the officers, directors, and employees of the company,
1-21 while performing services under the contract for the benefit of the
1-22 district, shall be solely employees of the district regarding the
1-23 issue of the immunity or liability of the company and its officers,
1-24 directors, and employees, and shall have immunity or limited
1-25 liability under laws applicable to employees of the hospital
1-26 district (whether statutory or common law) to the extent an
1-27 employee of the hospital district would be so entitled under the
1-28 same circumstances.
1-29 (b) The board may sell or otherwise dispose of property,
1-30 facilities, or equipment on behalf of the district. Sale or other
1-31 disposal of the property, facilities, or equipment must be at a
1-32 public sale and at a price and on the terms the board determines
1-33 are most advantageous to the district.
1-34 (c) The board [district] may lease all or part of property,
1-35 [its buildings and] facilities, or equipment on behalf of the
1-36 district and on [upon] terms and conditions the board considers
1-37 [considered] to be in [to] the best interest of the residents of
1-38 the district. The term of a [its inhabitants, provided that in no
1-39 event shall any] lease may not exceed [be for a period in excess
1-40 of] 25 years from the date entered.
1-41 (d) The board may donate to another governmental entity or
1-42 to a charitable organization any surplus personal property or
1-43 equipment if the donation serves a public purpose and is
1-44 accompanied by adequate consideration. [The district shall be
1-45 empowered to sell or otherwise dispose of any property or equipment
1-46 of any nature upon terms and conditions found by the board to be in
1-47 the best interest of its inhabitants, provided, however, that in no
1-48 event shall the board be authorized to sell or dispose of any real
1-49 property unless the board affirmatively finds that the same is not
1-50 needed for the operation of the hospital system.]
1-51 Sec. 11. (a) The board of directors of such district shall
1-52 have the power to prescribe the method and manner of making
1-53 purchases and expenditures by and for such hospital district, and
1-54 shall also be authorized to prescribe all accounting and control
1-55 procedures.
1-56 (b) All contracts for construction involving the expenditure
1-57 of more than $15,000 may be made only after advertising in the
1-58 manner provided by Subchapter B, Chapter 271, Local Government
1-59 Code, or all contracts for purchases involving the expenditure of
1-60 more than $15,000 may be made only after advertising in the manner
1-61 provided by Subchapter C, Chapter 262, Local Government Code. The
1-62 provisions of Chapter 2253, Government Code, relating to
1-63 performance and payment bonds, shall apply to construction
1-64 contracts let by the district.
2-1 (c) The board may lease or acquire property, facilities, and
2-2 equipment for the use of the district and may mortgage or pledge
2-3 the property, facilities, or equipment as security for the payment
2-4 of the purchase price. [The district may acquire equipment for use
2-5 in its hospital system and mortgage or pledge the property so
2-6 acquired as security for the payment of the purchase price, but any
2-7 such contract shall provide for the entire obligation of the
2-8 district to be retired within five years from the date of the
2-9 contract.] Except as permitted in the preceding sentence and as
2-10 permitted by Sections 7 and 8 of this Act, the district may incur
2-11 no obligation payable from any revenues of the district, taxes or
2-12 otherwise, except those on hand or to be on hand within the then
2-13 current and following fiscal year of the district.
2-14 SECTION 2. This Act takes effect immediately if it receives
2-15 a vote of two-thirds of all the members elected to each house, as
2-16 provided by Section 39, Article III, Texas Constitution. If this
2-17 Act does not receive the vote necessary for immediate effect, this
2-18 Act takes effect September 1, 2001.
2-19 * * * * *