By Smithee H.B. No. 1944
77R3425 JMG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Deaf Smith County Hospital District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4(b), Chapter 59, Acts of the 62nd
1-5 Legislature, Regular Session, 1971, is amended to read as follows:
1-6 (b) The directors serve staggered three-year [two year]
1-7 terms. An election for the appropriate number of directors shall
1-8 be held on the first Saturday in May of each year. Any person
1-9 desiring his name to be printed on the ballot as a candidate for
1-10 director shall file a petition signed by not less than 25 qualified
1-11 voters, asking that such name be printed on the ballot, with the
1-12 secretary of the board of directors of the district. Such petition
1-13 shall be filed with the secretary at least 30 days prior to the
1-14 date of election. Notice of such election shall be published one
1-15 time in a newspaper of general circulation in the area of the
1-16 district at least 35 days before the election. A vacancy in the
1-17 office of director shall thereafter be filled by a majority vote of
1-18 the remaining directors, and such appointees shall hold office for
1-19 the unexpired term for which they were appointed.
1-20 SECTION 2. Sections 5A(a) and (b), Chapter 59, Acts of the
1-21 62nd Legislature, Regular Session, 1971, are amended to read as
1-22 follows:
1-23 Sec. 5A. (a) The district may spend district funds, enter
1-24 into agreements, or take other action it considers appropriate to
2-1 recruit physicians, nurses, or other trained medical personnel,
2-2 including:
2-3 (1) advertising and marketing;
2-4 (2) paying travel, recruitment, and relocation
2-5 expenses;
2-6 (3) providing and subsidizing office space or other
2-7 facilities for a health care professional, including a physician
2-8 who agrees to render services in the district or to serve as an
2-9 employee of the district; and
2-10 (4) subsidizing the income of a health care
2-11 professional, including a physician who agrees to render services
2-12 in the district.
2-13 (b) The district may enter into contracts with a full-time
2-14 medical, allied health professional, or nursing student who is
2-15 enrolled and in good standing in an accredited school, college, or
2-16 university. The district may agree to pay the student's tuition or
2-17 other costs or expenses in consideration of the student's
2-18 contractual agreement to render services to the district or to
2-19 serve as an employee of the district on terms prescribed by the
2-20 contract.
2-21 SECTION 3. Section 10, Chapter 59, Acts of the 62nd
2-22 Legislature, Regular Session, 1971, is amended to read as follows:
2-23 Sec. 10. The board of directors of such district shall have
2-24 the power to prescribe the method and manner of making purchases
2-25 and expenditures by and for such hospital district, and shall also
2-26 be authorized to prescribe all accounting and control procedures.
2-27 All contracts for construction [or purchases] involving the
3-1 expenditure of more than $15,000 may be made only after competitive
3-2 bidding as provided by Subchapter B, Chapter 271, Local Government
3-3 Code. The provisions of Chapter 2253, Government Code [Article
3-4 5160, Revised Statutes], relating to performance and payment bonds,
3-5 shall apply to construction contracts let by the district. The
3-6 district may acquire equipment for use in its hospital system,
3-7 including medical and health care facilities, and mortgage or
3-8 pledge the property so acquired as security for the payment of the
3-9 purchase price, but any such contract shall provide for the entire
3-10 obligation of the district to be retired within five years from the
3-11 date of the contract. The district may lease equipment for use in
3-12 its hospital system, including medical and health care facilities.
3-13 The lease must provide that the entire obligation of the district
3-14 will be retired not later than the end of the fifth year after the
3-15 date on which the equipment is leased. Except as permitted in this
3-16 section [the preceding sentence] and [as permitted by] Sections 7
3-17 and 8 of this Act, the district may incur no obligation payable
3-18 from any revenues of the district, taxes or otherwise, except those
3-19 on hand or to be on hand within the then current and following
3-20 fiscal year of the district.
3-21 SECTION 4. Chapter 59, Acts of the 62nd Legislature, Regular
3-22 Session, 1971, is amended by adding Section 5B to read as follows:
3-23 Sec. 5B. The district may sponsor and create a nonprofit
3-24 corporation under the Texas Non-Profit Corporation Act (Article
3-25 1396-1.01 et seq., Vernon's Texas Civil Statutes), and may
3-26 contribute funds to or solicit funds for the corporation. The
3-27 corporation may use funds, other than funds paid by the corporation
4-1 to the district, only to provide health care or other services the
4-2 district may provide under this Act. The board of directors shall
4-3 establish adequate controls to ensure the corporation uses its
4-4 funds as required by this section. The corporation may invest
4-5 corporation funds in any manner in which the district may invest
4-6 funds, including investing funds as authorized by Chapter 2256,
4-7 Government Code.
4-8 SECTION 5. (a) This Act takes effect September 1, 2001.
4-9 (b) The election of directors scheduled before the effective
4-10 date of this Act to be held in May 2002 shall be held, and the two
4-11 directors who receive the highest total number of votes shall be
4-12 elected to serve three-year terms, and the directors who receive
4-13 the third and fourth highest total number of votes shall serve
4-14 two-year terms. If two or more persons receive the same total
4-15 number of votes and it is necessary to break the tie so that terms
4-16 may be assigned under this subsection, those persons shall draw
4-17 lots to determine their respective terms.
4-18 (c) Directors elected in an election held in 2003 shall
4-19 serve three-year terms.
4-20 (d) Successor directors shall serve three-year terms.