1-1 AN ACT
1-2 relating to the powers and duties of the Donley County Hospital
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 699, Acts of the 61st Legislature, Regular
1-6 Session, 1969, is amended by amending Sections 7 and 8 and adding
1-7 Section 24 to read as follows:
1-8 Sec. 7. In addition to the power to issue bonds payable from
1-9 taxes levied by the district, as contemplated by the preceding
1-10 section, the board of directors is further authorized to issue
1-11 revenue bonds for the purpose of refunding [and to refund] any
1-12 previously issued revenue bonds and to issue revenue bonds for the
1-13 purpose of purchasing, constructing, acquiring, repairing,
1-14 equipping, or renovating buildings and improvements for the
1-15 district's facilities for the district's hospital system [hospital
1-16 purposes], and for acquiring sites therefor, such bonds to be
1-17 payable from and secured by a pledge of all or any part of the
1-18 revenues of the district to be derived from the operation of its
1-19 hospital or hospitals, and such bonds may be additionally secured
1-20 by a mortgage or deed of trust lien on any part or all of its
1-21 properties. Such bonds shall be issued in the manner and in
1-22 accordance with the procedures and requirements specified for the
1-23 issuance of revenue bonds by county hospital authorities in
1-24 Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
2-1 Health and Safety Code [8, 10, 11, 12, and 13 of Chapter 122, Acts
2-2 of the 58th Legislature, 1963 (Article 4494r, Vernon's Texas Civil
2-3 Statutes)].
2-4 Sec. 8. The board of directors is hereby given complete
2-5 discretion as to the type of buildings, both as to number and
2-6 location, required to establish and maintain an adequate hospital
2-7 system. The hospital system, as determined by the board of
2-8 directors, may include facilities for domiciliary care of the sick,
2-9 wounded, and injured, facilities for outpatient clinic or clinics,
2-10 dispensaries, facilities for geriatric domiciliary care,
2-11 convalescent home facilities, necessary nurses centers,
2-12 [domiciliaries and training centers, blood banks, community mental
2-13 health centers, and] research centers or laboratories, nursing
2-14 homes or similar facilities for the care of the elderly, and any
2-15 other facilities deemed necessary for hospital care by the
2-16 directors. The district, through its board of directors, is
2-17 further authorized to enter into an operating or management
2-18 contract with regard to its facilities or a part thereof, or may
2-19 lease or contract with the Texas Department of Human Services to
2-20 lease all or part of its buildings and facilities upon terms and
2-21 conditions considered to be the best interest of its inhabitants,
2-22 provided that in no event shall any lease be for a period in excess
2-23 of 25 years from the date entered. The district shall be empowered
2-24 to sell or otherwise dispose of any property, real or personal, or
2-25 equipment of any nature upon terms and conditions found by the
2-26 board to be in the best interest of its inhabitants.
2-27 Sec. 24. All proceedings, resolutions, orders, and other
3-1 acts or attempted acts of the district in the issuance of notes and
3-2 all proceedings of the district authorizing the issuance,
3-3 execution, and delivery of notes and other obligations of the
3-4 district are validated in all respects and are valid as though the
3-5 notes had been originally and duly authorized, accomplished,
3-6 validated, ratified, approved, and confirmed.
3-7 SECTION 2. This Act does not apply to any matter involved in
3-8 litigation on the effective date of this Act if the litigation
3-9 ultimately results in the matter being held invalid in a final
3-10 judgment of a court of competent jurisdiction.
3-11 SECTION 3. This Act takes effect immediately if it receives
3-12 a vote of two-thirds of all the members elected to each house, as
3-13 provided by Section 39, Article III, Texas Constitution. If this
3-14 Act does not receive the vote necessary for immediate effect, this
3-15 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2488 was passed by the House on April
20, 2001, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2488 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor