S.B. 1019 78 ) BILL ANALYSIS S.B. 1019 By: Duncan County Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE The 70th Texas Legislature created the Ballinger Hospital District. The district's enabling legislation requires additional updating to conform with current laws to allow the district to hold an election to raise the district's maximum ad valorem tax rate up to the constitutional limit of 75 cents on the $100 valuation of property in the district. As proposed, S.B. 1019 allows the district to hold an election to raise the cap in the event it becomes financially necessary to do so, puts in place procedures for the dissolution of the district, and makes other changes regarding the powers and duties of the district. 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 SECTION 1. Amends Section 4.04, Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to require the notice of election to be published in accordance with Section 4.003, Election Code. SECTION 2. Amends Section 4.05, Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to require applications for candidates for the board of directors to be in accordance with Chapter 144, Election Code, rather than the petition process currently place. SECTION 3. Amends Article 4, Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to allow the board to spend district money, enter into agreements and take other necessary action to recruit medical and hospital personnel. SECTION 4. Amends Section 5.07, Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to authorize the board to enter into a construction contract in excess of the amount prescribed by Section 271.024, Local Government Code, only after competitive bidding as required by Subchapter B, Chapter 271, Local Government Code. Updates a reference to Chapter 2253, Government Code. SECTION 5. Amends Section 5.11(a), Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to update a reference to Section 61.053, Health and Safety Code, regarding applications for indigent care assistance. SECTION 6. Amends, Section 5.12(a), Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to update a reference to Chapter 61, Health and Safety Code, and to delete a reference to the Indigent Health Care and Treatment Act from existing text. SECTION 7. Amends Section 7.03 ), Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to require notice of a bond election to be given as provided by Chapter 1251, Government Code. SECTION 8. Amends Section 7.04 ), Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to update references to Sections 264.042, 264.043, and 264.046-264.049, Health and Safety Code, regarding the issuance of revenue bonds. SECTION 9. Amends Section 7.05, Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, regarding the issuance of refunding bonds. SECTION 10. Amends Section 7.06, Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to update a reference to Chapter 1204, Government Code, regarding issuance, interest and maturity of district bonds. SECTION 11. Amends Section 7.07, Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, to update a reference to Chapter 618, Government Code, regarding the execution of bonds. SECTION 12. Amends Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, by adding Article 10 to authorize the district hold an election on the question of increasing the maximum tax rate of the district to a rate not to exceed 75 cents on the $100 valuation of taxable property in the district and establishing procedures for such an election. SECTION 13. Amends Chapter 137, Acts of the 70th Legislature, Regular Session, 1987, by adding Article 11 to allow the dissolution of the district only upon the approval of the district voters and establishing procedures for such dissolutions. SECTION 14. Effective date: upon passage or September 1, 2003. EFFECTIVE DATE This Act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.