C.S.H.B. 1251 78(R)    BILL ANALYSIS


C.S.H.B. 1251
By: Hope
County Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 
The Montgomery County Hospital District was created in 1966 by the
legislature, and currently the county has no sufficient means in which
they can dissolve of the district. In order to call for a general election
on the question of dissolving the district, someone must circulate a
petition and gather the signatures of 15% of all registered voters in
Montgomery County. In addition to being an extremely high number to
attain, 15% of registered voters is a "moving target". In 2001 some
Montgomery County residents circulated a petition to call for an election,
and after a mass voter registration drive by hospital district supporters,
those circulating the petition fell a few signatures short of the over
28,000 signature needed.  
 Attempts to increase the number of voters in the county are what makes
the current number of signatures required a "moving target". What this
bill will do is give those who would like to have an election on the
dissolution of the district a direct number to work for. County election
officials will be able to say exactly how many voters participated in the
most recent gubernatorial election, and petitioners will be able to
identify an exact target number of 15% of votes cast.   
 This bill is not about dissolving the district, nor is this bill about
depriving citizens of the county needed medical treatment. This bill will
simply make it easier to put the question in front of the entire county
for a vote, and in the event that the district is dissolved all assets
will be transferred to the county. These assets and capitol shall be used
only to provide for the poor and indigent of Montgomery County. 

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
Section1: The enabling act for the Montgomery county is amended to state
that in order to call for an election on the dissolution of the hospital
district, one must gain a petition with and number of valid signatures
equal 15% of the total number of votes cast in the most recent
gubernatorial election.  

EFFECTIVE DATE
September 1 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE
The committee substitute 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.