SRC-TJG H.B. 1251 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1251
78R10043 DRH-DBy: Hope (Williams)
Administration
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Current law requires the board of directors of the Montgomery County
Hospital District to order an election to dissolve the district if the
board receives a petition requesting an election that is signed by 15
percent of the registered voters in the district.  As of March 3, 2003,
Montgomery County had 188,540 registered voters.  The current statute
would require 28,281 signatures in order for the board to call an election
to decide the question of dissolving the district and disposing of its'
assets. 

H.B. 1251 requires the board to order an election if the board receives a
petition signed by a number of voters equal to 15 percent of the total
vote received by all candidates for governor in the most recent
gubernatorial election.  Applied to the 2002 gubernatorial election, which
drew 75,058 votes in Montgomery County, the proposed legislation would
require 11,259 signatures on a petition to dissolve the district. 

This bill also states that an election cannot occur more than once every
three years, and a valid petition that calls for an election cannot be
submitted more than once every three years. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 23B(a) and (d), Chapter 258, Acts of the 65th
Legislature, Regular Session, 1977, as follows: 

(a) Requires the board of directors of the Montgomery County Hospital
District (board) to order an election on the question of dissolving the
district and disposing of the district's assets and obligations if the
board of directors receives a petition requesting an election that is
signed by a number of residents of the district equal to at least 15
percent of the total vote received by all candidates for governor in the
most recent gubernatorial general election, rather than 15 percent of
registered voters, in the district that occurs more than 30 days before
the date the petition is submitted to the board.  Provides that if a
petition submitted under this subsection does not contain the necessary
number of valid signatures, a petition submitted under this subsection
before the third anniversary of the date the invalid petition was
submitted has no effect. 

(d) Requires the board, if less than a majority of the votes in the
election favor, rather than do not favor, dissolution, to continue to
administer the Montgomery County Hospital District (district) and another
election on the question of dissolution may not be held before the third,
rather than fourth anniversary of the most recent election to dissolve the
district. 

SECTION 2.  Effective date: January 1, 2004.
            Makes application of this act prospective.