By Miller H.B. No. 3680
77R11665 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dissolution of the DeLeon Hospital District and the
1-3 Comanche County Hospital District and the creation of the Comanche
1-4 County Consolidated Hospital District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. CHANGES RELATING TO DELEON HOSPITAL DISTRICT
1-7 SECTION 1.01. Section 21A, Chapter 202, Acts of the 63rd
1-8 Legislature, Regular Session, 1973, is amended to read as follows:
1-9 Sec. 21A. DISSOLUTION OF DISTRICT IN EVENT OF DISSOLUTION OF
1-10 COMANCHE COUNTY HOSPITAL DISTRICT AND CREATION OF COMANCHE COUNTY
1-11 CONSOLIDATED [LEON VALLEY] HOSPITAL DISTRICT. (a) The DeLeon
1-12 Hospital District may be dissolved as provided by this section.
1-13 (b) The board of directors may order an election on the
1-14 question of the dissolution of the DeLeon Hospital District,
1-15 creation of the Comanche County Consolidated [Leon Valley] Hospital
1-16 District, transfer of the DeLeon Hospital District's assets and
1-17 obligations to the Comanche County Consolidated [Leon Valley]
1-18 Hospital District, and assumption by the Comanche County
1-19 Consolidated [Leon Valley] Hospital District of the DeLeon Hospital
1-20 District's outstanding debts.
1-21 (c) The board shall order an election if:
1-22 (1) the board of the Comanche County Hospital District
1-23 orders an election under Section 21A, Chapter 203, Acts of the 63rd
1-24 Legislature, Regular Session, 1973; or
2-1 (2) the board receives a petition requesting an
2-2 election on the questions of dissolution and transfer of assets
2-3 that is signed by at least 50 registered voters in the DeLeon
2-4 Hospital District.
2-5 (d) If the board of directors orders an election under this
2-6 section, it shall promptly notify the board of directors of the
2-7 Comanche County Hospital District of the election order.
2-8 (e) The election shall be held not less than 45 or more than
2-9 60 days after the date on which an election is ordered and shall be
2-10 held on the same date that the separate election in the Comanche
2-11 County Hospital District is held. The board of directors shall
2-12 cooperate with the board of directors of the Comanche County
2-13 Hospital District in setting the date of the elections. Section
2-14 41.001(a), Election Code, does not apply to an election ordered
2-15 under this section.
2-16 (f) The ballot for the election shall be printed to permit
2-17 voting for or against the proposition: "The dissolution of the
2-18 DeLeon Hospital District and creation of the Comanche County
2-19 Consolidated [Leon Valley] Hospital District, providing for the
2-20 levy of a tax not to exceed 25 cents on each $100 valuation on all
2-21 taxable property in the Comanche County Consolidated [Leon Valley]
2-22 Hospital District, and providing for the transfer to and assumption
2-23 by the Comanche County Consolidated [Leon Valley] Hospital District
2-24 of all outstanding bonds and indebtedness issued for hospital
2-25 purposes by the DeLeon Hospital District and any part of the county
2-26 or any city or town located in the district and the transfer of the
2-27 existing DeLeon Hospital District's assets to the Comanche County
3-1 Consolidated [Leon Valley] Hospital District."
3-2 (g) Except as provided by Subsections (e) and (f) of this
3-3 section, the election shall be held in accordance with the
3-4 applicable provisions of the Election Code.
3-5 (h) The DeLeon Hospital District is dissolved if:
3-6 (1) a majority of the voters in the DeLeon Hospital
3-7 District voting in the election held under this section favor the
3-8 proposition; and
3-9 (2) a majority of the voters in the Comanche County
3-10 Hospital District voting in an election held on the same date under
3-11 Section 21A, Chapter 203, Acts of the 63rd Legislature, Regular
3-12 Session, 1973, favor the dissolution of the Comanche County
3-13 Hospital District, the creation of the Comanche County Consolidated
3-14 [Leon Valley] Hospital District, the transfer of the assets of the
3-15 Comanche County Hospital District to the Comanche County
3-16 Consolidated [Leon Valley] Hospital District, and the assumption of
3-17 the assets and obligations of the Comanche County Hospital District
3-18 by the Comanche County Consolidated [Leon Valley] Hospital
3-19 District.
3-20 (i) The DeLeon Hospital District is not dissolved and the
3-21 board of directors shall continue to administer the DeLeon Hospital
3-22 District if a majority of the voters in either the DeLeon Hospital
3-23 District or the Comanche County Hospital District do not favor the
3-24 proposition on which they voted.
3-25 (j) If the DeLeon Hospital District is dissolved under this
3-26 section, the board of directors shall transfer the assets and
3-27 obligations of the DeLeon Hospital District to the Comanche County
4-1 Consolidated [Leon Valley] Hospital District.
4-2 (k) The board of directors may not order another election on
4-3 the question of dissolution before the first anniversary of the
4-4 date of the most recent election at which voters of either district
4-5 disapproved the proposition on which they voted.
4-6 SECTION 1.02. Section 1B, Chapter 202, Acts of the 63rd
4-7 Legislature, Regular Session, 1973, is amended to read as follows:
4-8 Sec. 1B. On the dissolution of the DeLeon Hospital District
4-9 and the approval of the creation of the Comanche County
4-10 Consolidated [Leon Valley] Hospital District, a reference in this
4-11 Act or in any other law to the DeLeon Hospital District means the
4-12 Comanche County Consolidated [Leon Valley] Hospital District.
4-13 ARTICLE 2. CHANGES RELATING TO COMANCHE COUNTY
4-14 HOSPITAL DISTRICT
4-15 SECTION 2.01. Section 21A, Chapter 203, Acts of the 63rd
4-16 Legislature, Regular Session, 1973, is amended to read as follows:
4-17 Sec. 21A. DISSOLUTION OF DISTRICT IN EVENT OF DISSOLUTION OF
4-18 DELEON HOSPITAL DISTRICT AND CREATION OF COMANCHE COUNTY
4-19 CONSOLIDATED [LEON VALLEY] HOSPITAL DISTRICT. (a) The Comanche
4-20 County Hospital District may be dissolved as provided by this
4-21 section.
4-22 (b) The board of directors may order an election on the
4-23 question of the dissolution of the Comanche County Hospital
4-24 District, creation of the Comanche County Consolidated [Leon
4-25 Valley] Hospital District, transfer of the Comanche County Hospital
4-26 District's assets and obligations to the Comanche County
4-27 Consolidated [Leon Valley] Hospital District, and the assumption by
5-1 Comanche County Consolidated [Leon Valley] Hospital District of the
5-2 Comanche County Hospital District's outstanding debts.
5-3 (c) The board shall order an election if:
5-4 (1) the board of the DeLeon Hospital District orders
5-5 an election under Section 21A, Chapter 202, Acts of the 63rd
5-6 Legislature, Regular Session, 1973; or
5-7 (2) the board receives a petition requesting an
5-8 election on the questions of dissolution and transfer of assets
5-9 that is signed by at least 50 registered voters in the Comanche
5-10 County Hospital District.
5-11 (d) If the board of directors orders an election under this
5-12 section, it shall promptly notify the board of directors of the
5-13 DeLeon Hospital District of the election order.
5-14 (e) The election shall be held not less than 45 or more than
5-15 60 days after the date on which an election is ordered and shall be
5-16 held on the same date that the separate election in the DeLeon
5-17 Hospital District is held. The board of directors shall cooperate
5-18 with the board of directors of the DeLeon Hospital District in
5-19 setting the date of the elections. Section 41.001(a), Election
5-20 Code, does not apply to an election ordered under this section.
5-21 (f) The ballot for the election shall be printed to permit
5-22 voting for or against the proposition: "The dissolution of the
5-23 Comanche County Hospital District and creation of the Comanche
5-24 County Consolidated [Leon Valley] Hospital District, providing for
5-25 the levy of a tax not to exceed 25 cents on each $100 valuation on
5-26 all taxable property in the Comanche County Consolidated [Leon
5-27 Valley] Hospital District, and providing for the transfer to and
6-1 assumption by the Comanche County Consolidated [Leon Valley]
6-2 Hospital District of all outstanding bonds and indebtedness issued
6-3 for hospital purposes by the Comanche County Hospital District and
6-4 any part of the county or any city or town located in the district,
6-5 and the transfer of the existing Comanche County Hospital
6-6 District's assets to the Comanche County Consolidated [Leon Valley]
6-7 Hospital District."
6-8 (g) Except as provided by Subsections (e) and (f) of this
6-9 section, the election shall be held in accordance with the
6-10 applicable provisions of the Election Code.
6-11 (h) The Comanche County Hospital District is dissolved if:
6-12 (1) a majority of the voters in the Comanche County
6-13 Hospital District voting in the election held under this section
6-14 favor the proposition; and
6-15 (2) a majority of the voters in the DeLeon Hospital
6-16 District voting in an election held on the same date under Section
6-17 21A, Chapter 202, Acts of the 63rd Legislature, Regular Session,
6-18 1973, favor the dissolution of the DeLeon Hospital District, the
6-19 creation of the Comanche County Consolidated [Leon Valley] Hospital
6-20 District, the transfer of the assets of the DeLeon Hospital
6-21 District to Comanche County Consolidated [Leon Valley] Hospital
6-22 District, and the assumption of the assets and obligations of the
6-23 DeLeon Hospital District by the Comanche County Consolidated [Leon
6-24 Valley] Hospital District.
6-25 (i) The Comanche County Hospital District is not dissolved
6-26 and the board of directors shall continue to administer the
6-27 Comanche County Hospital District if a majority of the voters in
7-1 either district do not favor the proposition on which they voted.
7-2 (j) If the Comanche County Hospital District is dissolved
7-3 under this section, the board of directors shall transfer the
7-4 assets and obligations of the Comanche County Hospital District to
7-5 the Comanche County Consolidated [Leon Valley] Hospital District.
7-6 (k) The board of directors may not order another election on
7-7 the question of dissolution before the first anniversary of the
7-8 date of the most recent election at which voters of either district
7-9 disapproved the proposition on which they voted.
7-10 SECTION 2.02. Section 1A, Chapter 203, Acts of the 63rd
7-11 Legislature, Regular Session, 1973, is amended to read as follows:
7-12 Sec. 1A. On the dissolution of the Comanche County Hospital
7-13 District and the approval of the creation of the Comanche County
7-14 Consolidated [Leon Valley] Hospital District, a reference in this
7-15 Act or in any other law to the Comanche County Hospital District
7-16 means the Comanche County Consolidated [Leon Valley] Hospital
7-17 District.
7-18 ARTICLE 3. CREATION OF COMANCHE COUNTY
7-19 CONSOLIDATED HOSPITAL DISTRICT
7-20 SECTION 3.01. Section 3.01, Chapter 132, Acts of the 74th
7-21 Legislature, Regular Session, 1995, is amended to read as follows:
7-22 Sec. 3.01. (a) In accordance with the provisions of Section
7-23 9, Article IX, Texas Constitution, this Act authorizes the
7-24 creation, establishment, administration, maintenance, operation,
7-25 and financing of a hospital district in this state with boundaries
7-26 coextensive with the boundaries of Comanche County [as they existed
7-27 on August 10, 1992], exclusive of that portion of the county that
8-1 is in the South Eastland County Hospital District[, of:]
8-2 [(1) Commissioners Precinct Number 1 of Comanche
8-3 County;]
8-4 [(2) Commissioners Precinct Number 2 of Comanche
8-5 County with the addition of county election precinct number 5 and
8-6 with the deletion of county election precinct number 3 and county
8-7 election precinct number 6;]
8-8 [(3) Commissioners Precinct Number 3 of Comanche
8-9 County with the addition of county election precinct number 3 and
8-10 county election precinct number 6 and with the deletion of county
8-11 election precinct number 5; and]
8-12 [(4) Commissioners Precinct Number 4 of Comanche
8-13 County].
8-14 (b) The district is to be known as "Comanche County
8-15 Consolidated [Leon Valley] Hospital District," and it has the
8-16 rights, powers, and duties as provided in this Act. A reference in
8-17 this Act or in any other law to the Leon Valley Hospital District
8-18 means the Comanche County Consolidated Hospital District.
8-19 SECTION 3.02. Section 3.02, Chapter 132, Acts of the 74th
8-20 Legislature, Regular Session, 1995, is amended to read as follows:
8-21 Sec. 3.02. (a) The Comanche County Consolidated [Leon
8-22 Valley] Hospital District may not be created unless the creation,
8-23 the assumption of debt, and the levy of taxes are approved by a
8-24 majority of the voters at an election held in the DeLeon Hospital
8-25 District and by a majority of the voters at a separate election
8-26 held in the Comanche County Hospital District.
8-27 (b) The election in the DeLeon Hospital District and the
9-1 election in the Comanche County Hospital District shall be held on
9-2 the same day and must be held before September 1, 2005 [the fifth
9-3 anniversary of the effective date of this Act].
9-4 SECTION 3.03. Sections 3.03(a) and (c), Chapter 132, Acts of
9-5 the 74th Legislature, Regular Session, 1995, are amended to read as
9-6 follows:
9-7 (a) If the Comanche County Consolidated [Leon Valley]
9-8 Hospital District is created in accordance with Section 21A,
9-9 Chapter 202 and Section 21A, Chapter 203, Acts of the 63rd
9-10 Legislature, Regular Session, 1973, the following five persons
9-11 shall serve as temporary directors of the Comanche County
9-12 Consolidated [Leon Valley] Hospital District:
9-13 1. Charles Mazurek[--Precinct 1]
9-14 2. Jerry Morgan [Jim Abbey--Precinct 2]
9-15 3. Gale Easley [Ardean Kimmell--Precinct 3]
9-16 4. Forrest Eisenrich [Wayne Hammit--Precinct 4]
9-17 5. John Mack Weaver [Vincenzo Giustino--At Large]
9-18 (c) The temporary board shall serve as the directors of the
9-19 Comanche County Consolidated [Leon Valley] Hospital District until
9-20 the initial elected directors take office.
9-21 SECTION 3.04. Section 3.04, Chapter 132, Acts of the 74th
9-22 Legislature, Regular Session, 1995, is amended to read as follows:
9-23 Sec. 3.04. (a) If the Comanche County Consolidated [Leon
9-24 Valley] Hospital District is created, six initial directors shall
9-25 be elected at an election to be held on the first Saturday in May
9-26 following the date the Comanche County Consolidated [Leon Valley]
9-27 Hospital District is created.
10-1 (b) The temporary directors may postpone the election date
10-2 for one year or until a subsequent uniform election date if the
10-3 temporary directors determine that there is not sufficient time to
10-4 comply with the requirements of law or if the temporary directors
10-5 determine that it is in the best interest of the district to
10-6 maintain the temporary directors in place for a period of not more
10-7 than an additional 12 months.
10-8 (c) At the election held to replace the temporary directors,
10-9 three directors shall be elected at large from the area within the
10-10 boundaries of the Comanche County Hospital District as those
10-11 boundaries existed on January 1, 2001, and three directors shall be
10-12 elected at large from the area within the boundaries of the DeLeon
10-13 Hospital District as those boundaries existed on January 1, 2001.
10-14 The directors elected shall serve three-year terms [One director
10-15 shall be elected from each of Commissioners Precincts Numbers 1, 2,
10-16 3, and 4 of Comanche County as those boundaries existed on August
10-17 10, 1992, and as those precincts are described by Section 3.01 of
10-18 this Act, exclusive of that portion of any precinct that is in the
10-19 South Eastland County Hospital District, and one director shall be
10-20 elected from the district at large].
10-21 (d) At the initial election of directors following creation
10-22 of the Comanche County Consolidated [Leon Valley] Hospital
10-23 District, the three candidates [candidate] receiving the highest
10-24 number of votes from the area within the boundaries of the Comanche
10-25 County Hospital District as those boundaries existed on January 1,
10-26 2001, and the three candidates receiving the highest number of
10-27 votes from the area within the boundaries of the DeLeon Hospital
11-1 District as those boundaries existed on January 1, 2001, shall be
11-2 the initial elected directors of the district [each commissioners
11-3 precinct is the director for that precinct and the candidate
11-4 receiving the highest number of votes from the district at large is
11-5 the director for the district at large].
11-6 (e) The directors elected at the initial election of
11-7 directors following creation of the Comanche County Consolidated
11-8 [Leon Valley] Hospital District shall each [draw lots to determine
11-9 which three directors shall] serve a term of three years [one-year
11-10 terms and which two directors shall serve two-year terms].
11-11 (f) On or before the date the terms of the directors elected
11-12 at the initial election expire, the board shall determine and adopt
11-13 a procedure for the election of six new directors either at large
11-14 or by place. The procedure must provide for appropriate
11-15 representation of the residents of the district.
11-16 SECTION 3.05. Sections 3.05(a) and (b), Chapter 132, Acts
11-17 of the 74th Legislature, Regular Session, 1995, are amended to read
11-18 as follows:
11-19 (a) The first directors elected under the procedure adopted
11-20 under Section 3.04(f) of this Act shall be elected at [After the
11-21 initial election of directors following creation,] an election
11-22 [shall be] held [each year] on the first Saturday in May at the end
11-23 of the three-year terms of the initial elected board of directors.
11-24 The six directors elected at that election shall draw lots to
11-25 determine which two directors shall serve one-year terms, which two
11-26 directors shall serve two-year terms, and which two directors shall
11-27 serve three-year terms. All subsequent elections shall be held each
12-1 year on the first Saturday in May, with two directors being
12-2 elected, each to a three-year term[, and the appropriate number of
12-3 successor directors shall be elected for two-year terms].
12-4 (b) Notice of each election shall be published in a
12-5 newspaper of general circulation in the district one time, not
12-6 earlier than the 30th day or later than the 10th day [at least 36
12-7 days] before the date of the election. Any person desiring to have
12-8 the person's name printed on the ballot as a candidate for director
12-9 shall file an application with the secretary of the board of
12-10 directors. The application shall be filed with the secretary at
12-11 least 31 days before the date of the election. [The application
12-12 must specify the commissioners precinct the candidate wishes to
12-13 represent or that the candidate wishes to represent the district at
12-14 large.]
12-15 SECTION 3.06. Section 3.06, Chapter 132, Acts of the 74th
12-16 Legislature, Regular Session, 1995, is amended to read as follows:
12-17 Sec. 3.06. A person may not be appointed or elected as a
12-18 member of the temporary, initial, or permanent board of directors
12-19 unless the person is a resident of the district and [,] a qualified
12-20 voter[, and if elected from a commissioners precinct, a resident of
12-21 the precinct as the precinct is described by Section 3.01 of this
12-22 Act]. Neither the administrator nor any other employee of the
12-23 district is eligible to serve as a director.
12-24 SECTION 3.07. Section 3.08(a), Chapter 132, Acts of the 74th
12-25 Legislature, Regular Session, 1995, is amended to read as follows:
12-26 (a) The board of directors, [both] temporary, initial, and
12-27 permanent, shall organize by electing one of the members as
13-1 president and one as vice president. A secretary, who need not be
13-2 a director, shall also be elected. Officers shall be elected for a
13-3 term of one year and vacancies shall be filled for the unexpired
13-4 term by the board of directors.
13-5 SECTION 3.08. Section 3.09(a), Chapter 132, Acts of the 74th
13-6 Legislature, Regular Session, 1995, is amended to read as follows:
13-7 (a) The board of directors shall manage, control, and
13-8 administer the hospital system and the business of and all funds
13-9 and resources of the district, but operating, depreciation, or
13-10 building reserves may not be invested in any funds or securities
13-11 other than those specified in Chapter 2256, Government Code
13-12 [Articles 836 and 837, Revised Statutes].
13-13 SECTION 3.09. Section 3.11(e), Chapter 132, Acts of the 74th
13-14 Legislature, Regular Session, 1995, is amended to read as follows:
13-15 (e) Notice of a bond election shall be given as provided in
13-16 Section 1251.003, Government Code [Article 704, Revised Statutes],
13-17 and shall be conducted in accordance with the Election Code, except
13-18 as modified by the provisions of this Act.
13-19 SECTION 3.10. Sections 3.12(c) and (d), Chapter 132, Acts of
13-20 the 74th Legislature, Regular Session, 1995, are amended to read as
13-21 follows:
13-22 (c) If the refunding bonds are to be sold and the proceeds
13-23 from the bonds are to be applied to the payment of any outstanding
13-24 indebtedness, the refunding bonds shall be issued and payments made
13-25 in the manner specified by Chapter 1207, Government Code [503, Acts
13-26 of the 54th Legislature, Regular Session, 1955 (Article 717k,
13-27 Vernon's Texas Civil Statutes)].
14-1 (d) Refunding bonds shall be issued in conformity with
14-2 Chapter 1207, Government Code [784, Acts of the 61st Legislature,
14-3 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
14-4 Statutes)].
14-5 SECTION 3.11. Section 3.13(a), Chapter 132, Acts of the 74th
14-6 Legislature, Regular Session, 1995, is amended to read as follows:
14-7 (a) Bonds issued by the district must:
14-8 (1) mature not later than the 40th anniversary of the
14-9 date of issuance;
14-10 (2) be executed in the name of the hospital district
14-11 and on the district's behalf by the president of the board and
14-12 countersigned by the secretary as provided by Chapter 618,
14-13 Government Code, as added by Chapter 227, Acts of the 76th
14-14 Legislature, Regular Session, 1999 [204, Acts of the 57th
14-15 Legislature, Regular Session, 1961 (Article 717j-1, Vernon's Texas
14-16 Civil Statutes)];
14-17 (3) bear a rate of interest that does not exceed the
14-18 amount prescribed by Chapter 1204, Government Code [3, Acts of the
14-19 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
14-20 Texas Civil Statutes)]; and
14-21 (4) be subject to the same requirements in the manner
14-22 of approval by the attorney general and registration by the
14-23 comptroller as provided for approval and registration of bonds
14-24 issued by a county.
14-25 ARTICLE 4. EFFECTIVE DATE
14-26 SECTION 4.01. This Act takes effect immediately if it
14-27 receives a vote of two-thirds of all the members elected to each
15-1 house, as provided by Section 39, Article III, Texas Constitution.
15-2 If this Act does not receive the vote necessary for immediate
15-3 effect, this Act takes effect September 1, 2001.