By Kuempel                                            H.B. No. 1864
         77R5405 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the powers and duties of the board of managers of
 1-3     certain joint municipal and county hospitals.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter B, Chapter 265, Health and Safety Code,
 1-6     is amended by adding Sections 265.017-265.019 to read as follows:
 1-7           Sec. 265.017.  ISSUANCE OF REVENUE BONDS. (a)  The board of
 1-8     managers may issue and sell revenue bonds in the name of the
 1-9     hospital to finance:
1-10                 (1)  the acquisition of real property, the construction
1-11     of hospital facilities, or the acquisition of equipment or supplies
1-12     necessary for the hospital to provide hospital services; or
1-13                 (2)  the installation of equipment necessary for the
1-14     hospital to provide hospital services.
1-15           (b)  The board of managers has the powers of an issuer under
1-16     Chapter 1371, Government Code, and may enter into a credit
1-17     agreement under that chapter.  A bond issued under this subchapter
1-18     is an obligation under Chapter 1371, Government Code, but is not
1-19     required to be rated as required by that chapter.  In this
1-20     subsection, "credit agreement," "obligation," and "issuer" have the
1-21     meanings assigned by Section 1371.001, Government Code.
1-22           Sec. 265.0171.  REPAYMENT OF BONDS. The board of managers may
1-23     provide for the payment of principal of and interest on the bonds
1-24     by pledging all or any part of the hospital's revenue derived from
 2-1     the operation of the hospital or from other sources.
 2-2           Sec. 265.0172.  ADDITIONAL SECURITY FOR BONDS. The bonds may
 2-3     be additionally secured by a deed of trust or mortgage lien on part
 2-4     or all of the physical properties of the hospital and rights
 2-5     appurtenant to those properties.
 2-6           Sec. 265.0173.  MATURITY. A bond issued under this subchapter
 2-7     must mature not later than 40 years after its date.
 2-8           Sec. 265.0174.  BONDS NOT PAYABLE FROM TAXES. A bond issued
 2-9     under this subchapter must contain the following provision:  "The
2-10     holder of this obligation is not entitled to demand payment of this
2-11     obligation out of any money raised by taxation by (name of county)
2-12     or by (name of municipality) or from any other income of the county
2-13     or municipality.  The board of managers of the hospital has no
2-14     taxing power."
2-15           Sec. 265.0175.  SALE OF BONDS. The board of managers may sell
2-16     bonds issued under this subchapter at public or private sale in the
2-17     manner and on the terms approved by the board.
2-18           Sec. 265.0176.  REFUNDING BONDS. (a)  The board of managers
2-19     may refund bonds issued under this subchapter by issuing refunding
2-20     bonds under terms approved by the board.
2-21           (b)  All appropriate provisions of this subchapter apply to
2-22     the refunding bonds.  The refunding bonds shall be issued in the
2-23     manner provided by this subchapter for issuing other bonds.
2-24           (c)  The refunding bonds may be sold and delivered in amounts
2-25     sufficient to pay the principal of and interest and any redemption
2-26     premium on the bonds to be refunded, at maturity or on any
2-27     redemption date.
 3-1           (d)  The refunding bonds may be issued to be exchanged for
 3-2     the bonds being refunded by them.  In that case, the comptroller
 3-3     shall register the refunding bonds and deliver them to the holder
 3-4     of the bonds being refunded as approved by the board. The exchange
 3-5     may be made in one delivery or in installment deliveries.
 3-6           Sec. 265.018.  HOSPITAL PROPERTY. The board of managers may
 3-7     acquire, hold, or dispose of property or an interest in property.
 3-8     As agreed by the county and municipality, the county or
 3-9     municipality may hold title to hospital property.
3-10           Sec. 265.0181.  TRANSFER OF PROPERTY. On dissolution of the
3-11     board of managers, title to property held by the board shall be
3-12     transferred to the county and municipality as approved by the
3-13     board.
3-14           Sec. 265.019.  USE OF EARNINGS OR ASSETS FOR PRIVATE PURPOSES
3-15     PROHIBITED. Except as reasonable compensation for services rendered
3-16     or reasonable allowance for authorized expenditures incurred on
3-17     behalf of the board of managers or the hospital, the net earnings
3-18     of the board or the hospital may not be used for the benefit of a
3-19     private officer, board member, individual, or substantial
3-20     contributor to the board of managers or the hospital.  The assets
3-21     of the board or the hospital may not be distributed to, divided
3-22     among, be used for, accrue to, or benefit a private officer, board
3-23     member, individual, or substantial contributor to the board or the
3-24     hospital.
3-25           SECTION 2.  This Act takes effect immediately if it receives
3-26     a vote of two-thirds of all the members elected to each house, as
3-27     provided by Section 39, Article III, Texas Constitution.  If this
 4-1     Act does not receive the vote necessary for immediate effect, this
 4-2     Act takes effect September 1, 2001.