By:  Wentworth                                         S.B. No. 739
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the powers and duties of the board of managers of
 1-3     certain joint municipal and county hospitals, including the power
 1-4     to issue revenue bonds.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter B, Chapter 265, Health and Safety
 1-7     Code, is amended by adding Sections 265.017 through 265.019 to read
 1-8     as follows:
 1-9           Sec. 265.017.  ISSUANCE OF REVENUE BONDS.  (a)  The board of
1-10     managers may issue and sell revenue bonds in the name of the
1-11     hospital to finance:
1-12                 (1)  the acquisition of real property, the construction
1-13     of hospital facilities, or the acquisition of equipment or supplies
1-14     necessary for the hospital to provide hospital services; or
1-15                 (2)  the installation of equipment necessary for the
1-16     hospital to provide hospital services.
1-17           (b)  The board of managers has the powers of an issuer under
1-18     Chapter 1371, Government Code, and may enter into a credit
1-19     agreement under that chapter.  A bond issued under this subchapter
1-20     is an obligation under Chapter 1371, Government Code, but is not
1-21     required to be rated as required by that chapter.  In this
1-22     subsection, "credit agreement," "obligation," and "issuer" have the
1-23     meanings assigned by Section 1371.001, Government Code.
1-24           Sec. 265.0171.  REPAYMENT OF BONDS.  The board of managers
1-25     may provide for the payment of principal of and interest on the
 2-1     bonds by pledging all or any part of the hospital's revenue derived
 2-2     from the operation of the hospital or from other sources.
 2-3           Sec. 265.0172.  ADDITIONAL SECURITY FOR BONDS.  The bonds may
 2-4     be additionally secured by a deed of trust or mortgage lien on part
 2-5     or all of the physical properties of the hospital and rights
 2-6     appurtenant to those properties.
 2-7           Sec. 265.0173.  MATURITY.  A bond issued under this
 2-8     subchapter must mature not later than 40 years after its date.
 2-9           Sec. 265.0174.  BONDS NOT PAYABLE FROM TAXES.  A bond issued
2-10     under this subchapter must contain the following provision:  "The
2-11     holder of this obligation is not entitled to demand payment of this
2-12     obligation out of any money raised by taxation by (name of county)
2-13     or by (name of municipality) or from any other income of the county
2-14     or municipality.  The board of managers of the hospital has no
2-15     taxing power."
2-16           Sec. 265.0175.  SALE OF BONDS.  The board of managers may
2-17     sell bonds issued under this subchapter at public or private sale
2-18     in the manner and on the terms approved by the board.
2-19           Sec. 265.0176.  REFUNDING BONDS.  (a)  The board of managers
2-20     may refund bonds issued under this subchapter by issuing refunding
2-21     bonds under terms approved by the board.
2-22           (b)  All appropriate provisions of this subchapter apply to
2-23     the refunding bonds.  The refunding bonds shall be issued in the
2-24     manner provided by this subchapter for issuing other bonds.
2-25           (c)  The refunding bonds may be sold and delivered in amounts
2-26     sufficient to pay the principal of and interest and any redemption
 3-1     premium on the bonds to be refunded, at maturity or on any
 3-2     redemption date.
 3-3           (d)  The refunding bonds may be issued to be exchanged for
 3-4     the bonds being refunded by them.  In that case, the comptroller
 3-5     shall register the refunding bonds and deliver them to the holder
 3-6     of the bonds being refunded as approved by the board.  The exchange
 3-7     may be made in one delivery or in installment deliveries.
 3-8           Sec. 265.018.  HOSPITAL PROPERTY.  The board of managers may
 3-9     acquire, hold, or dispose of property or an interest in property.
3-10     As agreed by the county and municipality, the county or
3-11     municipality may hold title to hospital property.
3-12           Sec. 265.0181.  TRANSFER OF PROPERTY.  On dissolution of the
3-13     board of managers, title to property held by the board shall be
3-14     transferred to the county and municipality as approved by the
3-15     board.
3-16           Sec. 265.019.  USE OF EARNINGS OR ASSETS FOR PRIVATE PURPOSES
3-17     PROHIBITED.  Except as reasonable compensation for services
3-18     rendered or reasonable allowance for authorized expenditures
3-19     incurred on behalf of the board of managers or the hospital, the
3-20     net earnings of the board or the hospital may not be used for the
3-21     benefit of a private officer, board member, individual, or
3-22     substantial contributor to the board of managers or the hospital.
3-23     The assets of the board or the hospital may not be distributed to,
3-24     divided among, be used for, accrue to, or benefit a private
3-25     officer, board member, individual, or substantial contributor to
3-26     the board or the hospital.
 4-1           SECTION 2.  This Act takes effect immediately if it receives
 4-2     a vote of two-thirds of all the members elected to each house, as
 4-3     provided by Section 39, Article III, Texas Constitution.  If this
 4-4     Act does not receive the vote necessary for immediate effect, this
 4-5     Act takes effect September 1, 2001.