1-1 AN ACT
1-2 relating to the Deaf Smith County Hospital District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 4, Chapter 59, Acts of
1-5 the 62nd Legislature, Regular Session, 1971, is amended to read as
1-6 follows:
1-7 (b) The directors serve staggered three-year [two-year]
1-8 terms. An election for the appropriate number of directors shall
1-9 be held on the first Saturday in May of each year. Any person
1-10 desiring his name to be printed on the ballot as a candidate for
1-11 director shall file a petition signed by not less than 25 qualified
1-12 voters, asking that such name be printed on the ballot, with the
1-13 secretary of the board of directors of the district. Such petition
1-14 shall be filed with the secretary at least 30 days prior to the
1-15 date of election. Notice of such election shall be published one
1-16 time in a newspaper of general circulation in the area of the
1-17 district at least 35 days before the election. A vacancy in the
1-18 office of director shall thereafter be filled by a majority vote of
1-19 the remaining directors, and such appointees shall hold office for
1-20 the unexpired term for which they were appointed.
1-21 SECTION 2. Subsections (a) and (b), Section 5A, Chapter 59,
1-22 Acts of the 62nd Legislature, Regular Session, 1971, are amended to
1-23 read as follows:
1-24 Sec. 5A. (a) The district may spend district funds, enter
1-25 into agreements, or take other action it considers appropriate to
2-1 recruit physicians, nurses, or other trained medical personnel,
2-2 including:
2-3 (1) advertising and marketing;
2-4 (2) paying travel, recruitment, and relocation
2-5 expenses;
2-6 (3) providing and subsidizing office space or other
2-7 facilities for a health care professional, including a physician
2-8 who agrees to render services in the district or to serve as an
2-9 employee of the district; and
2-10 (4) subsidizing the income of a health care
2-11 professional, including a physician who agrees to render services
2-12 in the district.
2-13 (b) The district may enter into contracts with a full-time
2-14 medical, allied health professional, or nursing student who is
2-15 enrolled and in good standing in an accredited school, college, or
2-16 university. The district may agree to pay the student's tuition or
2-17 other costs or expenses in consideration of the student's
2-18 contractual agreement to render services to the district or to
2-19 serve as an employee of the district on terms prescribed by the
2-20 contract.
2-21 SECTION 3. Section 10, Chapter 59, Acts of the 62nd
2-22 Legislature, Regular Session, 1971, is amended to read as follows:
2-23 Sec. 10. The board of directors of such district shall have
2-24 the power to prescribe the method and manner of making purchases
2-25 and expenditures by and for such hospital district, and shall also
2-26 be authorized to prescribe all accounting and control procedures.
3-1 All contracts for construction [or purchases] involving the
3-2 expenditure of more than $15,000 may be made only after competitive
3-3 bidding as provided by Subchapter B, Chapter 271, Local Government
3-4 Code. The provisions of Chapter 2253, Government Code [Article
3-5 5160, Revised Statutes], relating to performance and payment bonds,
3-6 shall apply to construction contracts let by the district. The
3-7 district may acquire equipment for use in its hospital system,
3-8 including medical and health care facilities, and mortgage or
3-9 pledge the property so acquired as security for the payment of the
3-10 purchase price, but any such contract shall provide for the entire
3-11 obligation of the district to be retired within five years from the
3-12 date of the contract. The district may lease equipment for use in
3-13 its hospital system, including medical and health care facilities.
3-14 The lease must provide that the entire obligation of the district
3-15 will be retired not later than the end of the fifth year after the
3-16 date on which the equipment is leased. Except as permitted in this
3-17 section [the preceding sentence] and [as permitted by] Sections 7
3-18 and 8 of this Act, the district may incur no obligation payable
3-19 from any revenues of the district, taxes or otherwise, except those
3-20 on hand or to be on hand within the then current and following
3-21 fiscal year of the district.
3-22 SECTION 4. Chapter 59, Acts of the 62nd Legislature, Regular
3-23 Session, 1971, is amended by adding Section 5B to read as follows:
3-24 Sec. 5B. The district may sponsor and create a nonprofit
3-25 corporation under the Texas Non-Profit Corporation Act (Article
3-26 1396-1.01 et seq., Vernon's Texas Civil Statutes) and may
4-1 contribute funds to or solicit funds for the corporation. The
4-2 corporation may use funds, other than funds paid by the corporation
4-3 to the district, only to provide health care or other services the
4-4 district may provide under this Act. The board of directors shall
4-5 establish adequate controls to ensure the corporation uses its
4-6 funds as required by this section. The corporation may invest
4-7 corporation funds in any manner in which the district may invest
4-8 funds, including investing funds as authorized by Chapter 2256,
4-9 Government Code.
4-10 SECTION 5. (a) This Act takes effect September 1, 2001.
4-11 (b) The election of directors of the Deaf Smith County
4-12 Hospital District scheduled before the effective date of this Act
4-13 to be held in May, 2002, shall be held, and the two directors who
4-14 receive the highest total number of votes shall be elected to serve
4-15 three-year terms, and the directors who receive the third and
4-16 fourth highest total number of votes shall serve two-year terms.
4-17 If two or more persons receive the same total number of votes and
4-18 it is necessary to break the tie so that terms may be assigned
4-19 under this subsection, those persons shall draw lots to determine
4-20 their respective terms.
4-21 (c) Directors elected in an election held in 2003 shall
4-22 serve three-year terms.
4-23 (d) Successor directors shall serve three-year terms.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 969 passed the Senate on
March 22, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 969 passed the House on
April 27, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor