By: Sibley S.B. No. 1811
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
1-25 (2) the board receives a petition requesting an
2-1 election on the questions of dissolution and transfer of assets
2-2 that is signed by at least 50 registered voters in the DeLeon
2-3 Hospital District.
2-4 (d) If the board of directors orders an election under this
2-5 section, it shall promptly notify the board of directors of the
2-6 Comanche County Hospital District of the election order.
2-7 (e) The election shall be held not less than 45 or more than
2-8 60 days after the date on which an election is ordered and shall be
2-9 held on the same date that the separate election in the Comanche
2-10 County Hospital District is held. The board of directors shall
2-11 cooperate with the board of directors of the Comanche County
2-12 Hospital District in setting the date of the elections. Section
2-13 41.001(a), Election Code, does not apply to an election ordered
2-14 under this section.
2-15 (f) The ballot for the election shall be printed to permit
2-16 voting for or against the proposition: "The dissolution of the
2-17 DeLeon Hospital District and creation of the Comanche County
2-18 Consolidated [Leon Valley] Hospital District, providing for the
2-19 levy of a tax not to exceed 25 cents on each $100 valuation on all
2-20 taxable property in the Comanche County Consolidated [Leon Valley]
2-21 Hospital District, and providing for the transfer to and assumption
2-22 by the Comanche County Consolidated [Leon Valley] Hospital District
2-23 of all outstanding bonds and indebtedness issued for hospital
2-24 purposes by the DeLeon Hospital District and any part of the county
2-25 or any city or town located in the district and the transfer of the
2-26 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
4-1 obligations of the DeLeon Hospital District to the Comanche County
4-2 Consolidated [Leon Valley] Hospital District.
4-3 (k) The board of directors may not order another election on
4-4 the question of dissolution before the first anniversary of the
4-5 date of the most recent election at which voters of either district
4-6 disapproved the proposition on which they voted.
4-7 SECTION 1.02. Section 1B, Chapter 202, Acts of the 63rd
4-8 Legislature, Regular Session, 1973, is amended to read as follows:
4-9 Sec. 1B. On the dissolution of the DeLeon Hospital District
4-10 and the approval of the creation of the Comanche County
4-11 Consolidated [Leon Valley] Hospital District, a reference in this
4-12 Act or in any other law to the DeLeon Hospital District means the
4-13 Comanche County Consolidated [Leon Valley] Hospital District.
4-14 ARTICLE 2. CHANGES RELATING TO COMANCHE COUNTY
4-15 HOSPITAL DISTRICT
4-16 SECTION 2.01. Section 21A, Chapter 203, Acts of the 63rd
4-17 Legislature, Regular Session, 1973, is amended to read as follows:
4-18 Sec. 21A. DISSOLUTION OF DISTRICT IN EVENT OF DISSOLUTION OF
4-19 DELEON HOSPITAL DISTRICT AND CREATION OF COMANCHE COUNTY
4-20 CONSOLIDATED [LEON VALLEY] HOSPITAL DISTRICT. (a) The Comanche
4-21 County Hospital District may be dissolved as provided by this
4-22 section.
4-23 (b) The board of directors may order an election on the
4-24 question of the dissolution of the Comanche County Hospital
4-25 District, creation of the Comanche County Consolidated [Leon
4-26 Valley] Hospital District, transfer of the Comanche County Hospital
5-1 District's assets and obligations to the Comanche County
5-2 Consolidated [Leon Valley] Hospital District, and the assumption by
5-3 the Comanche County Consolidated [Leon Valley] Hospital District of
5-4 the Comanche County Hospital District's outstanding debts.
5-5 (c) The board shall order an election if:
5-6 (1) the board of the DeLeon Hospital District orders
5-7 an election under Section 21A, Chapter 202, Acts of the 63rd
5-8 Legislature, Regular Session, 1973; or
5-9 (2) the board receives a petition requesting an
5-10 election on the questions of dissolution and transfer of assets
5-11 that is signed by at least 50 registered voters in the Comanche
5-12 County Hospital District.
5-13 (d) If the board of directors orders an election under this
5-14 section, it shall promptly notify the board of directors of the
5-15 DeLeon Hospital District of the election order.
5-16 (e) The election shall be held not less than 45 or more than
5-17 60 days after the date on which an election is ordered and shall be
5-18 held on the same date that the separate election in the DeLeon
5-19 Hospital District is held. The board of directors shall cooperate
5-20 with the board of directors of the DeLeon Hospital District in
5-21 setting the date of the elections. Section 41.001(a), Election
5-22 Code, does not apply to an election ordered under this section.
5-23 (f) The ballot for the election shall be printed to permit
5-24 voting for or against the proposition: "The dissolution of the
5-25 Comanche County Hospital District and creation of the Comanche
5-26 County Consolidated [Leon Valley] Hospital District, providing for
6-1 the levy of a tax not to exceed 25 cents on each $100 valuation on
6-2 all taxable property in the Comanche County Consolidated [Leon
6-3 Valley] Hospital District, and providing for the transfer to and
6-4 assumption by the Comanche County Consolidated [Leon Valley]
6-5 Hospital District of all outstanding bonds and indebtedness issued
6-6 for hospital purposes by the Comanche County Hospital District and
6-7 any part of the county or any city or town located in the district,
6-8 and the transfer of the existing Comanche County Hospital
6-9 District's assets to the Comanche County Consolidated [Leon Valley]
6-10 Hospital District."
6-11 (g) Except as provided by Subsections (e) and (f) of this
6-12 section, the election shall be held in accordance with the
6-13 applicable provisions of the Election Code.
6-14 (h) The Comanche County Hospital District is dissolved if:
6-15 (1) a majority of the voters in the Comanche County
6-16 Hospital District voting in the election held under this section
6-17 favor the proposition; and
6-18 (2) a majority of the voters in the DeLeon Hospital
6-19 District voting in an election held on the same date under Section
6-20 21A, Chapter 202, Acts of the 63rd Legislature, Regular Session,
6-21 1973, favor the dissolution of the DeLeon Hospital District, the
6-22 creation of the Comanche County Consolidated [Leon Valley] Hospital
6-23 District, the transfer of the assets of the DeLeon Hospital
6-24 District to the Comanche County Consolidated [Leon Valley] Hospital
6-25 District, and the assumption of the assets and obligations of the
6-26 DeLeon Hospital District by the Comanche County Consolidated [Leon
7-1 Valley] Hospital District.
7-2 (i) The Comanche County Hospital District is not dissolved
7-3 and the board of directors shall continue to administer the
7-4 Comanche County Hospital District if a majority of the voters in
7-5 either district do not favor the proposition on which they voted.
7-6 (j) If the Comanche County Hospital District is dissolved
7-7 under this section, the board of directors shall transfer the
7-8 assets and obligations of the Comanche County Hospital District to
7-9 the Comanche County Consolidated [Leon Valley] Hospital District.
7-10 (k) The board of directors may not order another election on
7-11 the question of dissolution before the first anniversary of the
7-12 date of the most recent election at which voters of either district
7-13 disapproved the proposition on which they voted.
7-14 SECTION 2.02. Section 1A, Chapter 203, Acts of the 63rd
7-15 Legislature, Regular Session, 1973, is amended to read as follows:
7-16 Sec. 1A. On the dissolution of the Comanche County Hospital
7-17 District and the approval of the creation of the Comanche County
7-18 Consolidated [Leon Valley] Hospital District, a reference in this
7-19 Act or in any other law to the Comanche County Hospital District
7-20 means the Comanche County Consolidated [Leon Valley] Hospital
7-21 District.
7-22 ARTICLE 3. CREATION OF COMANCHE COUNTY
7-23 CONSOLIDATED HOSPITAL DISTRICT
7-24 SECTION 3.01. Section 3.01, Chapter 132, Acts of the 74th
7-25 Legislature, Regular Session, 1995, is amended to read as follows:
7-26 Sec. 3.01. (a) In accordance with the provisions of Section
8-1 9, Article IX, Texas Constitution, this Act authorizes the
8-2 creation, establishment, administration, maintenance, operation,
8-3 and financing of a hospital district in this state with boundaries
8-4 coextensive with the boundaries of Comanche County [as they existed
8-5 on August 10, 1992], exclusive of that portion of the county that
8-6 is in the South Eastland County Hospital District[, of:]
8-7 [(1) Commissioners Precinct Number 1 of Comanche
8-8 County;]
8-9 [(2) Commissioners Precinct Number 2 of Comanche
8-10 County with the addition of county election precinct number 5 and
8-11 with the deletion of county election precinct number 3 and county
8-12 election precinct number 6;]
8-13 [(3) Commissioners Precinct Number 3 of Comanche
8-14 County with the addition of county election precinct number 3 and
8-15 county election precinct number 6 and with the deletion of county
8-16 election precinct number 5; and]
8-17 [(4) Commissioners Precinct Number 4 of Comanche
8-18 County].
8-19 (b) The district is to be known as "Comanche County
8-20 Consolidated [Leon Valley] Hospital District," and it has the
8-21 rights, powers, and duties as provided in this Act. A reference in
8-22 this Act or in any other law to the Leon Valley Hospital District
8-23 means the Comanche County Consolidated Hospital District.
8-24 SECTION 3.02. Section 3.02, Chapter 132, Acts of the 74th
8-25 Legislature, Regular Session, 1995, is amended to read as follows:
8-26 Sec. 3.02. (a) The Comanche County Consolidated [Leon
9-1 Valley] Hospital District may not be created unless the creation,
9-2 the assumption of debt, and the levy of taxes are approved by a
9-3 majority of the voters at an election held in the DeLeon Hospital
9-4 District and by a majority of the voters at a separate election
9-5 held in the Comanche County Hospital District.
9-6 (b) The election in the DeLeon Hospital District and the
9-7 election in the Comanche County Hospital District shall be held on
9-8 the same day and must be held before September 1, 2005 [the fifth
9-9 anniversary of the effective date of this Act].
9-10 SECTION 3.03. Subsections (a) and (c), Section 3.03, Chapter
9-11 132, Acts of the 74th Legislature, Regular Session, 1995, are
9-12 amended to read as follows:
9-13 (a) If the Comanche County Consolidated [Leon Valley]
9-14 Hospital District is created in accordance with Section 21A,
9-15 Chapter 202, and Section 21A, Chapter 203, Acts of the 63rd
9-16 Legislature, Regular Session, 1973, the following [five] persons
9-17 shall serve as temporary directors of the Comanche County
9-18 Consolidated [Leon Valley] Hospital District:
9-19 1. Charles Mazurek[--Precinct 1]
9-20 2. Jerry Morgan [Jim Abbey--Precinct 2]
9-21 3. Gale Easley [Ardean Kimmell--Precinct 3]
9-22 4. Forrest Eisenrich [Wayne Hammit--Precinct 4]
9-23 5. John Mack Weaver
9-24 6. Terry Stephens [Vincenzo Giustino--At Large]
9-25 (c) The temporary board shall serve as the directors of the
9-26 Comanche County Consolidated [Leon Valley] Hospital District until
10-1 the initial elected directors take office.
10-2 SECTION 3.04. Section 3.04, Chapter 132, Acts of the 74th
10-3 Legislature, Regular Session, 1995, is amended to read as follows:
10-4 Sec. 3.04. (a) If the Comanche County Consolidated [Leon
10-5 Valley] Hospital District is created, six initial directors shall
10-6 be elected at an election to be held on the first Saturday in May
10-7 following the date the Comanche County Consolidated [Leon Valley]
10-8 Hospital District is created.
10-9 (b) The temporary directors may postpone the election date
10-10 for one year or until a subsequent uniform election date if the
10-11 temporary directors determine that there is not sufficient time to
10-12 comply with the requirements of law or if the temporary directors
10-13 determine that it is in the best interest of the district to
10-14 maintain the temporary directors in place for a period of not more
10-15 than an additional 12 months.
10-16 (c) At the election held to replace the temporary directors,
10-17 three directors shall be elected at large from the area within the
10-18 boundaries of the Comanche County Hospital District as those
10-19 boundaries existed on January 1, 2001, and three directors shall be
10-20 elected at large from the area within the boundaries of the DeLeon
10-21 Hospital District as those boundaries existed on January 1, 2001.
10-22 The directors elected shall serve three-year terms [One director
10-23 shall be elected from each of Commissioners Precincts Numbers 1, 2,
10-24 3, and 4 of Comanche County as those boundaries existed on August
10-25 10, 1992, and as those precincts are described by Section 3.01 of
10-26 this Act, exclusive of that portion of any precinct that is in the
11-1 South Eastland County Hospital District, and one director shall be
11-2 elected from the district at large].
11-3 (d) At the initial election of directors following creation
11-4 of the Comanche County Consolidated [Leon Valley] Hospital
11-5 District, the three candidates [candidate] receiving the highest
11-6 number of votes from the area within the boundaries of the Comanche
11-7 County Hospital District as those boundaries existed on January 1,
11-8 2001, and the three candidates receiving the highest number of
11-9 votes from the area within the boundaries of the DeLeon Hospital
11-10 District as those boundaries existed on January 1, 2001, shall be
11-11 the initial elected directors of the district [each commissioners
11-12 precinct is the director for that precinct and the candidate
11-13 receiving the highest number of votes from the district at large is
11-14 the director for the district at large].
11-15 (e) The directors elected at the initial election of
11-16 directors following creation of the Comanche County Consolidated
11-17 [Leon Valley] Hospital District shall each [draw lots to determine
11-18 which three directors shall] serve a term of three years [one-year
11-19 terms and which two directors shall serve two-year terms].
11-20 (f) On or before the date the terms of the directors elected
11-21 at the initial election expire, the board shall determine and adopt
11-22 a procedure for the election of six new directors either at large
11-23 or by place. The procedure must provide for appropriate
11-24 representation of the residents of the Comanche County Consolidated
11-25 Hospital District.
11-26 SECTION 3.05. Subsections (a) and (b), Section 3.05, Chapter
12-1 132, Acts of the 74th Legislature, Regular Session, 1995, are
12-2 amended to read as follows:
12-3 (a) The first directors elected under the procedure adopted
12-4 under Section 3.04(f) of this Act shall be elected at [After the
12-5 initial election of directors following creation,] an election
12-6 [shall be] held [each year] on the first Saturday in May at the end
12-7 of the three-year terms of the initial elected board of directors.
12-8 The six directors elected at that election shall draw lots to
12-9 determine which two directors shall serve one-year terms, which two
12-10 directors shall serve two-year terms, and which two directors shall
12-11 serve three-year terms. All subsequent elections shall be held
12-12 each year on the first Saturday in May, with two directors being
12-13 elected, each to a three-year term[, and the appropriate number of
12-14 successor directors shall be elected for two-year terms].
12-15 (b) Notice of each election shall be published in a
12-16 newspaper of general circulation in the district one time, not
12-17 earlier than the 30th day or later than the 10th day [at least 36
12-18 days] before the date of the election. Any person desiring to have
12-19 the person's name printed on the ballot as a candidate for director
12-20 shall file an application with the secretary of the board of
12-21 directors. The application shall be filed with the secretary at
12-22 least 31 days before the date of the election. [The application
12-23 must specify the commissioners precinct the candidate wishes to
12-24 represent or that the candidate wishes to represent the district at
12-25 large.]
12-26 SECTION 3.06. Section 3.06, Chapter 132, Acts of the 74th
13-1 Legislature, Regular Session, 1995, is amended to read as follows:
13-2 Sec. 3.06. A person may not be appointed or elected as a
13-3 member of the temporary, initial, or permanent board of directors
13-4 unless the person is a resident of the district and[,] a qualified
13-5 voter[, and if elected from a commissioners precinct, a resident of
13-6 the precinct as the precinct is described by Section 3.01 of this
13-7 Act]. Neither the administrator nor any other employee of the
13-8 district is eligible to serve as a director.
13-9 SECTION 3.07. Subsection (a), Section 3.08, Chapter 132,
13-10 Acts of the 74th Legislature, Regular Session, 1995, is amended to
13-11 read as follows:
13-12 (a) The board of directors, [both] temporary, initial, and
13-13 permanent, shall organize by electing one of the members as
13-14 president and one as vice president. A secretary, who need not be
13-15 a director, shall also be elected. Officers shall be elected for a
13-16 term of one year and vacancies shall be filled for the unexpired
13-17 term by the board of directors.
13-18 SECTION 3.08. Subsection (a), Section 3.09, Chapter 132,
13-19 Acts of the 74th Legislature, Regular Session, 1995, is amended to
13-20 read as follows:
13-21 (a) The board of directors shall manage, control, and
13-22 administer the hospital system and the business of and all funds
13-23 and resources of the district, but operating, depreciation, or
13-24 building reserves may not be invested in any funds or securities
13-25 other than those specified in Chapter 2256, Government Code
13-26 [Articles 836 and 837, Revised Statutes].
14-1 SECTION 3.09. Subsection (e), Section 3.11, Chapter 132,
14-2 Acts of the 74th Legislature, Regular Session, 1995, is amended to
14-3 read as follows:
14-4 (e) Notice of a bond election shall be given as provided in
14-5 Section 1251.003, Government Code [Article 704, Revised Statutes],
14-6 and shall be conducted in accordance with the Election Code, except
14-7 as modified by the provisions of this Act.
14-8 SECTION 3.10. Subsections (c) and (d), Section 3.12, Chapter
14-9 132, Acts of the 74th Legislature, Regular Session, 1995, are
14-10 amended to read as follows:
14-11 (c) If the refunding bonds are to be sold and the proceeds
14-12 from the bonds are to be applied to the payment of any outstanding
14-13 indebtedness, the refunding bonds shall be issued and payments made
14-14 in the manner specified by Chapter 1207, Government Code [503, Acts
14-15 of the 54th Legislature, Regular Session, 1955 (Article 717k,
14-16 Vernon's Texas Civil Statutes)].
14-17 (d) Refunding bonds shall be issued in conformity with
14-18 Chapter 1207, Government Code [784, Acts of the 61st Legislature,
14-19 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
14-20 Statutes)].
14-21 SECTION 3.11. Subsection (a), Section 3.13, Chapter 132,
14-22 Acts of the 74th Legislature, Regular Session, 1995, is amended to
14-23 read as follows:
14-24 (a) Bonds issued by the district must:
14-25 (1) mature not later than the 40th anniversary of the
14-26 date of issuance;
15-1 (2) be executed in the name of the hospital district
15-2 and on the district's behalf by the president of the board and
15-3 countersigned by the secretary as provided by Chapter 618,
15-4 Government Code, as added by Chapter 227, Acts of the 76th
15-5 Legislature, Regular Session, 1999 [204, Acts of the 57th
15-6 Legislature, Regular Session, 1961 (Article 717j-1, Vernon's Texas
15-7 Civil Statutes)];
15-8 (3) bear a rate of interest that does not exceed the
15-9 amount prescribed by Chapter 1204, Government Code [3, Acts of the
15-10 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
15-11 Texas Civil Statutes)]; and
15-12 (4) be subject to the same requirements in the manner
15-13 of approval by the attorney general and registration by the
15-14 comptroller as provided for approval and registration of bonds
15-15 issued by a county.
15-16 ARTICLE 4. EFFECTIVE DATE
15-17 SECTION 4.01. This Act takes effect immediately if it
15-18 receives a vote of two-thirds of all the members elected to each
15-19 house, as provided by Section 39, Article III, Texas Constitution.
15-20 If this Act does not receive the vote necessary for immediate
15-21 effect, this Act takes effect September 1, 2001.