1-1 By: Chisum (Senate Sponsor - Haywood) H.B. No. 2488
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 11, 2001, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the powers and duties of the Donley County Hospital
1-10 District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 699, Acts of the 61st Legislature, Regular
1-13 Session, 1969, is amended by amending Sections 7 and 8 and adding
1-14 Section 24 to read as follows:
1-15 Sec. 7. In addition to the power to issue bonds payable from
1-16 taxes levied by the district, as contemplated by the preceding
1-17 section, the board of directors is further authorized to issue
1-18 revenue bonds for the purpose of refunding [and to refund] any
1-19 previously issued revenue bonds and to issue revenue bonds for the
1-20 purpose of purchasing, constructing, acquiring, repairing,
1-21 equipping, or renovating buildings and improvements for the
1-22 district's facilities for the district's hospital system [hospital
1-23 purposes], and for acquiring sites therefor, such bonds to be
1-24 payable from and secured by a pledge of all or any part of the
1-25 revenues of the district to be derived from the operation of its
1-26 hospital or hospitals, and such bonds may be additionally secured
1-27 by a mortgage or deed of trust lien on any part or all of its
1-28 properties. Such bonds shall be issued in the manner and in
1-29 accordance with the procedures and requirements specified for the
1-30 issuance of revenue bonds by county hospital authorities in
1-31 Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
1-32 Health and Safety Code [8, 10, 11, 12, and 13 of Chapter 122, Acts
1-33 of the 58th Legislature, 1963 (Article 4494r, Vernon's Texas Civil
1-34 Statutes)].
1-35 Sec. 8. The board of directors is hereby given complete
1-36 discretion as to the type of buildings, both as to number and
1-37 location, required to establish and maintain an adequate hospital
1-38 system. The hospital system, as determined by the board of
1-39 directors, may include facilities for domiciliary care of the sick,
1-40 wounded, and injured, facilities for outpatient clinic or clinics,
1-41 dispensaries, facilities for geriatric domiciliary care,
1-42 convalescent home facilities, necessary nurses centers,
1-43 [domiciliaries and training centers, blood banks, community mental
1-44 health centers, and] research centers or laboratories, nursing
1-45 homes or similar facilities for the care of the elderly, and any
1-46 other facilities deemed necessary for hospital care by the
1-47 directors. The district, through its board of directors, is
1-48 further authorized to enter into an operating or management
1-49 contract with regard to its facilities or a part thereof, or may
1-50 lease or contract with the Texas Department of Human Services to
1-51 lease all or part of its buildings and facilities upon terms and
1-52 conditions considered to be the best interest of its inhabitants,
1-53 provided that in no event shall any lease be for a period in excess
1-54 of 25 years from the date entered. The district shall be empowered
1-55 to sell or otherwise dispose of any property, real or personal, or
1-56 equipment of any nature upon terms and conditions found by the
1-57 board to be in the best interest of its inhabitants.
1-58 Sec. 24. All proceedings, resolutions, orders, and other
1-59 acts or attempted acts of the district in the issuance of notes,
1-60 and all proceedings of the district authorizing the issuance,
1-61 execution, and delivery of notes and other obligations of the
1-62 district are validated in all respects and are valid as though the
1-63 notes had been originally and duly authorized, accomplished,
1-64 validated, ratified, approved, and confirmed.
2-1 SECTION 2. This Act does not apply to any matter involved in
2-2 litigation on the effective date of this Act if the litigation
2-3 ultimately results in the matter being held invalid in a final
2-4 judgment of a court of competent jurisdiction.
2-5 SECTION 3. This Act takes effect immediately if it receives
2-6 a vote of two-thirds of all the members elected to each house, as
2-7 provided by Section 39, Article III, Texas Constitution. If this
2-8 Act does not receive the vote necessary for immediate effect, this
2-9 Act takes effect September 1, 2001.
2-10 * * * * *