1-1 By: Bivins S.B. No. 969
1-2 (In the Senate - Filed February 27, 2001; February 28, 2001,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 14, 2001, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; March 14, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Deaf Smith County Hospital District.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (b), Section 4, Chapter 59, Acts of
1-11 the 62nd Legislature, Regular Session, 1971, is amended to read as
1-12 follows:
1-13 (b) The directors serve staggered three-year [two year]
1-14 terms. An election for the appropriate number of directors shall
1-15 be held on the first Saturday in May of each year. Any person
1-16 desiring his name to be printed on the ballot as a candidate for
1-17 director shall file a petition signed by not less than 25 qualified
1-18 voters, asking that such name be printed on the ballot, with the
1-19 secretary of the board of directors of the district. Such petition
1-20 shall be filed with the secretary at least 30 days prior to the
1-21 date of election. Notice of such election shall be published one
1-22 time in a newspaper of general circulation in the area of the
1-23 district at least 35 days before the election. A vacancy in the
1-24 office of director shall thereafter be filled by a majority vote of
1-25 the remaining directors, and such appointees shall hold office for
1-26 the unexpired term for which they were appointed.
1-27 SECTION 2. Subsections (a) and (b), Section 5A, Chapter 59,
1-28 Acts of the 62nd Legislature, Regular Session, 1971, are amended to
1-29 read as follows:
1-30 Sec. 5A. (a) The district may spend district funds, enter
1-31 into agreements, or take other action it considers appropriate to
1-32 recruit physicians, nurses, or other trained medical personnel,
1-33 including:
1-34 (1) advertising and marketing;
1-35 (2) paying travel, recruitment, and relocation
1-36 expenses;
1-37 (3) providing and subsidizing office space or other
1-38 facilities for a health care professional, including a physician
1-39 who agrees to render services in the district or to serve as an
1-40 employee of the district; and
1-41 (4) subsidizing the income of a health care
1-42 professional, including a physician who agrees to render services
1-43 in the district.
1-44 (b) The district may enter into contracts with a full-time
1-45 medical, allied health professional, or nursing student who is
1-46 enrolled and in good standing in an accredited school, college, or
1-47 university. The district may agree to pay the student's tuition or
1-48 other costs or expenses in consideration of the student's
1-49 contractual agreement to render services to the district or to
1-50 serve as an employee of the district on terms prescribed by the
1-51 contract.
1-52 SECTION 3. Section 10, Chapter 59, Acts of the 62nd
1-53 Legislature, Regular Session, 1971, is amended to read as follows:
1-54 Sec. 10. The board of directors of such district shall have
1-55 the power to prescribe the method and manner of making purchases
1-56 and expenditures by and for such hospital district, and shall also
1-57 be authorized to prescribe all accounting and control procedures.
1-58 All contracts for construction [or purchases] involving the
1-59 expenditure of more than $15,000 may be made only after competitive
1-60 bidding as provided by Subchapter B, Chapter 271, Local Government
1-61 Code. The provisions of Chapter 2253, Government Code [Article
1-62 5160, Revised Statutes], relating to performance and payment bonds,
1-63 shall apply to construction contracts let by the district. The
1-64 district may acquire equipment for use in its hospital system,
2-1 including medical and health care facilities, and mortgage or
2-2 pledge the property so acquired as security for the payment of the
2-3 purchase price, but any such contract shall provide for the entire
2-4 obligation of the district to be retired within five years from the
2-5 date of the contract. The district may lease equipment for use in
2-6 its hospital system, including medical and health care facilities.
2-7 The lease must provide that the entire obligation of the district
2-8 will be retired not later than the end of the fifth year after the
2-9 date on which the equipment is leased. Except as permitted in this
2-10 section [the preceding sentence] and [as permitted by] Sections 7
2-11 and 8 of this Act, the district may incur no obligation payable
2-12 from any revenues of the district, taxes or otherwise, except those
2-13 on hand or to be on hand within the then current and following
2-14 fiscal year of the district.
2-15 SECTION 4. Chapter 59, Acts of the 62nd Legislature, Regular
2-16 Session, 1971, is amended by adding Section 5B to read as follows:
2-17 Sec. 5B. The district may sponsor and create a nonprofit
2-18 corporation under the Texas Non-Profit Corporation Act (Article
2-19 1396-1.01 et seq., Vernon's Texas Civil Statutes) and may
2-20 contribute funds to or solicit funds for the corporation. The
2-21 corporation may use funds, other than funds paid by the corporation
2-22 to the district, only to provide health care or other services the
2-23 district may provide under this Act. The board of directors shall
2-24 establish adequate controls to ensure the corporation uses its
2-25 funds as required by this section. The corporation may invest
2-26 corporation funds in any manner in which the district may invest
2-27 funds, including investing funds as authorized by Chapter 2256,
2-28 Government Code.
2-29 SECTION 5. (a) This Act takes effect September 1, 2001.
2-30 (b) The election of directors of the Deaf Smith County
2-31 Hospital District scheduled before the effective date of this Act
2-32 to be held in May, 2002, shall be held, and the two directors who
2-33 receive the highest total number of votes shall be elected to serve
2-34 three-year terms, and the directors who receive the third and
2-35 fourth highest total number of votes shall serve two-year terms. If
2-36 two or more persons receive the same total number of votes and it
2-37 is necessary to break the tie so that terms may be assigned under
2-38 this subsection, those persons shall draw lots to determine their
2-39 respective terms.
2-40 (c) Directors elected in an election held in 2003 shall
2-41 serve three-year terms.
2-42 (d) Successor directors shall serve three-year terms.
2-43 * * * * *