1-1 By: Miller (Senate Sponsor - Sibley) H.B. No. 3680
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 10, 2001, reported favorably by
1-5 the following vote: Yeas 6, Nays 0; May 10, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the dissolution of the DeLeon Hospital District and the
1-10 Comanche County Hospital District and the creation of the Comanche
1-11 County Consolidated Hospital District.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 ARTICLE 1. CHANGES RELATING TO DELEON HOSPITAL DISTRICT
1-14 SECTION 1.01. Section 21A, Chapter 202, Acts of the 63rd
1-15 Legislature, Regular Session, 1973, is amended to read as follows:
1-16 Sec. 21A. DISSOLUTION OF DISTRICT IN EVENT OF DISSOLUTION OF
1-17 COMANCHE COUNTY HOSPITAL DISTRICT AND CREATION OF COMANCHE COUNTY
1-18 CONSOLIDATED [LEON VALLEY] HOSPITAL DISTRICT. (a) The DeLeon
1-19 Hospital District may be dissolved as provided by this section.
1-20 (b) The board of directors may order an election on the
1-21 question of the dissolution of the DeLeon Hospital District,
1-22 creation of the Comanche County Consolidated [Leon Valley] Hospital
1-23 District, transfer of the DeLeon Hospital District's assets and
1-24 obligations to the Comanche County Consolidated [Leon Valley]
1-25 Hospital District, and assumption by the Comanche County
1-26 Consolidated [Leon Valley] Hospital District of the DeLeon Hospital
1-27 District's outstanding debts.
1-28 (c) The board shall order an election if:
1-29 (1) the board of the Comanche County Hospital District
1-30 orders an election under Section 21A, Chapter 203, Acts of the 63rd
1-31 Legislature, Regular Session, 1973; or
1-32 (2) the board receives a petition requesting an
1-33 election on the questions of dissolution and transfer of assets
1-34 that is signed by at least 50 registered voters in the DeLeon
1-35 Hospital District.
1-36 (d) If the board of directors orders an election under this
1-37 section, it shall promptly notify the board of directors of the
1-38 Comanche County Hospital District of the election order.
1-39 (e) The election shall be held not less than 45 or more than
1-40 60 days after the date on which an election is ordered and shall be
1-41 held on the same date that the separate election in the Comanche
1-42 County Hospital District is held. The board of directors shall
1-43 cooperate with the board of directors of the Comanche County
1-44 Hospital District in setting the date of the elections. Section
1-45 41.001(a), Election Code, does not apply to an election ordered
1-46 under this section.
1-47 (f) The ballot for the election shall be printed to permit
1-48 voting for or against the proposition: "The dissolution of the
1-49 DeLeon Hospital District and creation of the Comanche County
1-50 Consolidated [Leon Valley] Hospital District, providing for the
1-51 levy of a tax not to exceed 25 cents on each $100 valuation on all
1-52 taxable property in the Comanche County Consolidated [Leon Valley]
1-53 Hospital District, and providing for the transfer to and assumption
1-54 by the Comanche County Consolidated [Leon Valley] Hospital District
1-55 of all outstanding bonds and indebtedness issued for hospital
1-56 purposes by the DeLeon Hospital District and any part of the county
1-57 or any city or town located in the district and the transfer of the
1-58 existing DeLeon Hospital District's assets to the Comanche County
1-59 Consolidated [Leon Valley] Hospital District."
1-60 (g) Except as provided by Subsections (e) and (f) of this
1-61 section, the election shall be held in accordance with the
1-62 applicable provisions of the Election Code.
1-63 (h) The DeLeon Hospital District is dissolved if:
1-64 (1) a majority of the voters in the DeLeon Hospital
2-1 District voting in the election held under this section favor the
2-2 proposition; and
2-3 (2) a majority of the voters in the Comanche County
2-4 Hospital District voting in an election held on the same date under
2-5 Section 21A, Chapter 203, Acts of the 63rd Legislature, Regular
2-6 Session, 1973, favor the dissolution of the Comanche County
2-7 Hospital District, the creation of the Comanche County Consolidated
2-8 [Leon Valley] Hospital District, the transfer of the assets of the
2-9 Comanche County Hospital District to the Comanche County
2-10 Consolidated [Leon Valley] Hospital District, and the assumption of
2-11 the assets and obligations of the Comanche County Hospital District
2-12 by the Comanche County Consolidated [Leon Valley] Hospital
2-13 District.
2-14 (i) The DeLeon Hospital District is not dissolved and the
2-15 board of directors shall continue to administer the DeLeon Hospital
2-16 District if a majority of the voters in either the DeLeon Hospital
2-17 District or the Comanche County Hospital District do not favor the
2-18 proposition on which they voted.
2-19 (j) If the DeLeon Hospital District is dissolved under this
2-20 section, the board of directors shall transfer the assets and
2-21 obligations of the DeLeon Hospital District to the Comanche County
2-22 Consolidated [Leon Valley] Hospital District.
2-23 (k) The board of directors may not order another election on
2-24 the question of dissolution before the first anniversary of the
2-25 date of the most recent election at which voters of either district
2-26 disapproved the proposition on which they voted.
2-27 SECTION 1.02. Section 1B, Chapter 202, Acts of the 63rd
2-28 Legislature, Regular Session, 1973, is amended to read as follows:
2-29 Sec. 1B. On the dissolution of the DeLeon Hospital District
2-30 and the approval of the creation of the Comanche County
2-31 Consolidated [Leon Valley] Hospital District, a reference in this
2-32 Act or in any other law to the DeLeon Hospital District means the
2-33 Comanche County Consolidated [Leon Valley] Hospital District.
2-34 ARTICLE 2. CHANGES RELATING TO COMANCHE COUNTY
2-35 HOSPITAL DISTRICT
2-36 SECTION 2.01. Section 21A, Chapter 203, Acts of the 63rd
2-37 Legislature, Regular Session, 1973, is amended to read as follows:
2-38 Sec. 21A. DISSOLUTION OF DISTRICT IN EVENT OF DISSOLUTION OF
2-39 DELEON HOSPITAL DISTRICT AND CREATION OF COMANCHE COUNTY
2-40 CONSOLIDATED [LEON VALLEY] HOSPITAL DISTRICT. (a) The Comanche
2-41 County Hospital District may be dissolved as provided by this
2-42 section.
2-43 (b) The board of directors may order an election on the
2-44 question of the dissolution of the Comanche County Hospital
2-45 District, creation of the Comanche County Consolidated [Leon
2-46 Valley] Hospital District, transfer of the Comanche County Hospital
2-47 District's assets and obligations to the Comanche County
2-48 Consolidated [Leon Valley] Hospital District, and the assumption by
2-49 Comanche County Consolidated [Leon Valley] Hospital District of the
2-50 Comanche County Hospital District's outstanding debts.
2-51 (c) The board shall order an election if:
2-52 (1) the board of the DeLeon Hospital District orders
2-53 an election under Section 21A, Chapter 202, Acts of the 63rd
2-54 Legislature, Regular Session, 1973; or
2-55 (2) the board receives a petition requesting an
2-56 election on the questions of dissolution and transfer of assets
2-57 that is signed by at least 50 registered voters in the Comanche
2-58 County Hospital District.
2-59 (d) If the board of directors orders an election under this
2-60 section, it shall promptly notify the board of directors of the
2-61 DeLeon Hospital District of the election order.
2-62 (e) The election shall be held not less than 45 or more than
2-63 60 days after the date on which an election is ordered and shall be
2-64 held on the same date that the separate election in the DeLeon
2-65 Hospital District is held. The board of directors shall cooperate
2-66 with the board of directors of the DeLeon Hospital District in
2-67 setting the date of the elections. Section 41.001(a), Election
2-68 Code, does not apply to an election ordered under this section.
2-69 (f) The ballot for the election shall be printed to permit
3-1 voting for or against the proposition: "The dissolution of the
3-2 Comanche County Hospital District and creation of the Comanche
3-3 County Consolidated [Leon Valley] Hospital District, providing for
3-4 the levy of a tax not to exceed 25 cents on each $100 valuation on
3-5 all taxable property in the Comanche County Consolidated [Leon
3-6 Valley] Hospital District, and providing for the transfer to and
3-7 assumption by the Comanche County Consolidated [Leon Valley]
3-8 Hospital District of all outstanding bonds and indebtedness issued
3-9 for hospital purposes by the Comanche County Hospital District and
3-10 any part of the county or any city or town located in the district,
3-11 and the transfer of the existing Comanche County Hospital
3-12 District's assets to the Comanche County Consolidated [Leon Valley]
3-13 Hospital District."
3-14 (g) Except as provided by Subsections (e) and (f) of this
3-15 section, the election shall be held in accordance with the
3-16 applicable provisions of the Election Code.
3-17 (h) The Comanche County Hospital District is dissolved if:
3-18 (1) a majority of the voters in the Comanche County
3-19 Hospital District voting in the election held under this section
3-20 favor the proposition; and
3-21 (2) a majority of the voters in the DeLeon Hospital
3-22 District voting in an election held on the same date under Section
3-23 21A, Chapter 202, Acts of the 63rd Legislature, Regular Session,
3-24 1973, favor the dissolution of the DeLeon Hospital District, the
3-25 creation of the Comanche County Consolidated [Leon Valley] Hospital
3-26 District, the transfer of the assets of the DeLeon Hospital
3-27 District to Comanche County Consolidated [Leon Valley] Hospital
3-28 District, and the assumption of the assets and obligations of the
3-29 DeLeon Hospital District by the Comanche County Consolidated [Leon
3-30 Valley] Hospital District.
3-31 (i) The Comanche County Hospital District is not dissolved
3-32 and the board of directors shall continue to administer the
3-33 Comanche County Hospital District if a majority of the voters in
3-34 either district do not favor the proposition on which they voted.
3-35 (j) If the Comanche County Hospital District is dissolved
3-36 under this section, the board of directors shall transfer the
3-37 assets and obligations of the Comanche County Hospital District to
3-38 the Comanche County Consolidated [Leon Valley] Hospital District.
3-39 (k) The board of directors may not order another election on
3-40 the question of dissolution before the first anniversary of the
3-41 date of the most recent election at which voters of either district
3-42 disapproved the proposition on which they voted.
3-43 SECTION 2.02. Section 1A, Chapter 203, Acts of the 63rd
3-44 Legislature, Regular Session, 1973, is amended to read as follows:
3-45 Sec. 1A. On the dissolution of the Comanche County Hospital
3-46 District and the approval of the creation of the Comanche County
3-47 Consolidated [Leon Valley] Hospital District, a reference in this
3-48 Act or in any other law to the Comanche County Hospital District
3-49 means the Comanche County Consolidated [Leon Valley] Hospital
3-50 District.
3-51 ARTICLE 3. CREATION OF COMANCHE COUNTY
3-52 CONSOLIDATED HOSPITAL DISTRICT
3-53 SECTION 3.01. Section 3.01, Chapter 132, Acts of the 74th
3-54 Legislature, Regular Session, 1995, is amended to read as follows:
3-55 Sec. 3.01. (a) In accordance with the provisions of Section
3-56 9, Article IX, Texas Constitution, this Act authorizes the
3-57 creation, establishment, administration, maintenance, operation,
3-58 and financing of a hospital district in this state with boundaries
3-59 coextensive with the boundaries of Comanche County [as they existed
3-60 on August 10, 1992], exclusive of that portion of the county that
3-61 is in the South Eastland County Hospital District[, of:]
3-62 [(1) Commissioners Precinct Number 1 of Comanche
3-63 County;]
3-64 [(2) Commissioners Precinct Number 2 of Comanche
3-65 County with the addition of county election precinct number 5 and
3-66 with the deletion of county election precinct number 3 and county
3-67 election precinct number 6;]
3-68 [(3) Commissioners Precinct Number 3 of Comanche
3-69 County with the addition of county election precinct number 3 and
4-1 county election precinct number 6 and with the deletion of county
4-2 election precinct number 5; and]
4-3 [(4) Commissioners Precinct Number 4 of Comanche
4-4 County].
4-5 (b) The district is to be known as "Comanche County
4-6 Consolidated [Leon Valley] Hospital District," and it has the
4-7 rights, powers, and duties as provided in this Act. A reference in
4-8 this Act or in any other law to the Leon Valley Hospital District
4-9 means the Comanche County Consolidated Hospital District.
4-10 SECTION 3.02. Section 3.02, Chapter 132, Acts of the 74th
4-11 Legislature, Regular Session, 1995, is amended to read as follows:
4-12 Sec. 3.02. (a) The Comanche County Consolidated [Leon
4-13 Valley] Hospital District may not be created unless the creation,
4-14 the assumption of debt, and the levy of taxes are approved by a
4-15 majority of the voters at an election held in the DeLeon Hospital
4-16 District and by a majority of the voters at a separate election
4-17 held in the Comanche County Hospital District.
4-18 (b) The election in the DeLeon Hospital District and the
4-19 election in the Comanche County Hospital District shall be held on
4-20 the same day and must be held before September 1, 2005 [the fifth
4-21 anniversary of the effective date of this Act].
4-22 SECTION 3.03. Sections 3.03(a) and (c), Chapter 132, Acts of
4-23 the 74th Legislature, Regular Session, 1995, are amended to read as
4-24 follows:
4-25 (a) If the Comanche County Consolidated [Leon Valley]
4-26 Hospital District is created in accordance with Section 21A,
4-27 Chapter 202 and Section 21A, Chapter 203, Acts of the 63rd
4-28 Legislature, Regular Session, 1973, the following [five] persons
4-29 shall serve as temporary directors of the Comanche County
4-30 Consolidated [Leon Valley] Hospital District:
4-31 1. Charles Mazurek[--Precinct 1]
4-32 2. Jerry Morgan [Jim Abbey--Precinct 2]
4-33 3. Gale Easley [Ardean Kimmell--Precinct 3]
4-34 4. Forrest Eisenrich [Wayne Hammit--Precinct 4]
4-35 5. John Mack Weaver
4-36 6. Terry Stephens [Vincenzo Giustino--At Large]
4-37 (c) The temporary board shall serve as the directors of the
4-38 Comanche County Consolidated [Leon Valley] Hospital District until
4-39 the initial elected directors take office.
4-40 SECTION 3.04. Section 3.04, Chapter 132, Acts of the 74th
4-41 Legislature, Regular Session, 1995, is amended to read as follows:
4-42 Sec. 3.04. (a) If the Comanche County Consolidated [Leon
4-43 Valley] Hospital District is created, six initial directors shall
4-44 be elected at an election to be held on the first Saturday in May
4-45 following the date the Comanche County Consolidated [Leon Valley]
4-46 Hospital District is created.
4-47 (b) The temporary directors may postpone the election date
4-48 for one year or until a subsequent uniform election date if the
4-49 temporary directors determine that there is not sufficient time to
4-50 comply with the requirements of law or if the temporary directors
4-51 determine that it is in the best interest of the district to
4-52 maintain the temporary directors in place for a period of not more
4-53 than an additional 12 months.
4-54 (c) At the election held to replace the temporary directors,
4-55 three directors shall be elected at large from the area within the
4-56 boundaries of the Comanche County Hospital District as those
4-57 boundaries existed on January 1, 2001, and three directors shall be
4-58 elected at large from the area within the boundaries of the DeLeon
4-59 Hospital District as those boundaries existed on January 1, 2001.
4-60 The directors elected shall serve three-year terms [One director
4-61 shall be elected from each of Commissioners Precincts Numbers 1, 2,
4-62 3, and 4 of Comanche County as those boundaries existed on August
4-63 10, 1992, and as those precincts are described by Section 3.01 of
4-64 this Act, exclusive of that portion of any precinct that is in the
4-65 South Eastland County Hospital District, and one director shall be
4-66 elected from the district at large].
4-67 (d) At the initial election of directors following creation
4-68 of the Comanche County Consolidated [Leon Valley] Hospital
4-69 District, the three candidates [candidate] receiving the highest
5-1 number of votes from the area within the boundaries of the Comanche
5-2 County Hospital District as those boundaries existed on January 1,
5-3 2001, and the three candidates receiving the highest number of
5-4 votes from the area within the boundaries of the DeLeon Hospital
5-5 District as those boundaries existed on January 1, 2001, shall be
5-6 the initial elected directors of the district [each commissioners
5-7 precinct is the director for that precinct and the candidate
5-8 receiving the highest number of votes from the district at large is
5-9 the director for the district at large].
5-10 (e) The directors elected at the initial election of
5-11 directors following creation of the Comanche County Consolidated
5-12 [Leon Valley] Hospital District shall each [draw lots to determine
5-13 which three directors shall] serve a term of three years [one-year
5-14 terms and which two directors shall serve two-year terms].
5-15 (f) On or before the date the terms of the directors elected
5-16 at the initial election expire, the board shall determine and adopt
5-17 a procedure for the election of six new directors either at large
5-18 or by place. The procedure must provide for appropriate
5-19 representation of the residents of the district.
5-20 SECTION 3.05. Sections 3.05(a) and (b), Chapter 132, Acts
5-21 of the 74th Legislature, Regular Session, 1995, are amended to read
5-22 as follows:
5-23 (a) The first directors elected under the procedure adopted
5-24 under Section 3.04(f) of this Act shall be elected at [After the
5-25 initial election of directors following creation,] an election
5-26 [shall be] held [each year] on the first Saturday in May at the end
5-27 of the three-year terms of the initial elected board of directors.
5-28 The six directors elected at that election shall draw lots to
5-29 determine which two directors shall serve one-year terms, which two
5-30 directors shall serve two-year terms, and which two directors shall
5-31 serve three-year terms. All subsequent elections shall be held
5-32 each year on the first Saturday in May, with two directors being
5-33 elected, each to a three-year term[, and the appropriate number of
5-34 successor directors shall be elected for two-year terms].
5-35 (b) Notice of each election shall be published in a
5-36 newspaper of general circulation in the district one time, not
5-37 earlier than the 30th day or later than the 10th day [at least 36
5-38 days] before the date of the election. Any person desiring to have
5-39 the person's name printed on the ballot as a candidate for director
5-40 shall file an application with the secretary of the board of
5-41 directors. The application shall be filed with the secretary at
5-42 least 31 days before the date of the election. [The application
5-43 must specify the commissioners precinct the candidate wishes to
5-44 represent or that the candidate wishes to represent the district at
5-45 large.]
5-46 SECTION 3.06. Section 3.06, Chapter 132, Acts of the 74th
5-47 Legislature, Regular Session, 1995, is amended to read as follows:
5-48 Sec. 3.06. A person may not be appointed or elected as a
5-49 member of the temporary, initial, or permanent board of directors
5-50 unless the person is a resident of the district and [,] a qualified
5-51 voter[, and if elected from a commissioners precinct, a resident of
5-52 the precinct as the precinct is described by Section 3.01 of this
5-53 Act]. Neither the administrator nor any other employee of the
5-54 district is eligible to serve as a director.
5-55 SECTION 3.07. Section 3.08(a), Chapter 132, Acts of the 74th
5-56 Legislature, Regular Session, 1995, is amended to read as follows:
5-57 (a) The board of directors, [both] temporary, initial, and
5-58 permanent, shall organize by electing one of the members as
5-59 president and one as vice president. A secretary, who need not be
5-60 a director, shall also be elected. Officers shall be elected for a
5-61 term of one year and vacancies shall be filled for the unexpired
5-62 term by the board of directors.
5-63 SECTION 3.08. Section 3.09(a), Chapter 132, Acts of the 74th
5-64 Legislature, Regular Session, 1995, is amended to read as follows:
5-65 (a) The board of directors shall manage, control, and
5-66 administer the hospital system and the business of and all funds
5-67 and resources of the district, but operating, depreciation, or
5-68 building reserves may not be invested in any funds or securities
5-69 other than those specified in Chapter 2256, Government Code
6-1 [Articles 836 and 837, Revised Statutes].
6-2 SECTION 3.09. Section 3.11(e), Chapter 132, Acts of the 74th
6-3 Legislature, Regular Session, 1995, is amended to read as follows:
6-4 (e) Notice of a bond election shall be given as provided in
6-5 Section 1251.003, Government Code [Article 704, Revised Statutes],
6-6 and shall be conducted in accordance with the Election Code, except
6-7 as modified by the provisions of this Act.
6-8 SECTION 3.10. Sections 3.12(c) and (d), Chapter 132, Acts of
6-9 the 74th Legislature, Regular Session, 1995, are amended to read as
6-10 follows:
6-11 (c) If the refunding bonds are to be sold and the proceeds
6-12 from the bonds are to be applied to the payment of any outstanding
6-13 indebtedness, the refunding bonds shall be issued and payments made
6-14 in the manner specified by Chapter 1207, Government Code [503, Acts
6-15 of the 54th Legislature, Regular Session, 1955 (Article 717k,
6-16 Vernon's Texas Civil Statutes)].
6-17 (d) Refunding bonds shall be issued in conformity with
6-18 Chapter 1207, Government Code [784, Acts of the 61st Legislature,
6-19 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
6-20 Statutes)].
6-21 SECTION 3.11. Section 3.13(a), Chapter 132, Acts of the 74th
6-22 Legislature, Regular Session, 1995, is amended to read as follows:
6-23 (a) Bonds issued by the district must:
6-24 (1) mature not later than the 40th anniversary of the
6-25 date of issuance;
6-26 (2) be executed in the name of the hospital district
6-27 and on the district's behalf by the president of the board and
6-28 countersigned by the secretary as provided by Chapter 618,
6-29 Government Code, as added by Chapter 227, Acts of the 76th
6-30 Legislature, Regular Session, 1999 [204, Acts of the 57th
6-31 Legislature, Regular Session, 1961 (Article 717j-1, Vernon's Texas
6-32 Civil Statutes)];
6-33 (3) bear a rate of interest that does not exceed the
6-34 amount prescribed by Chapter 1204, Government Code [3, Acts of the
6-35 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
6-36 Texas Civil Statutes)]; and
6-37 (4) be subject to the same requirements in the manner
6-38 of approval by the attorney general and registration by the
6-39 comptroller as provided for approval and registration of bonds
6-40 issued by a county.
6-41 ARTICLE 4. EFFECTIVE DATE
6-42 SECTION 4.01. This Act takes effect immediately if it
6-43 receives a vote of two-thirds of all the members elected to each
6-44 house, as provided by Section 39, Article III, Texas Constitution.
6-45 If this Act does not receive the vote necessary for immediate
6-46 effect, this Act takes effect September 1, 2001.
6-47 * * * * *