78R7890 EMT-F
By: Hilderbran H.B. No. 3558
A BILL TO BE ENTITLED
AN ACT
relating to the Ballinger Memorial Hospital District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4.04, Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
Sec. 4.04. NOTICE OF ELECTION. Notice [At least 35 days
before the date of an election of directors, notice] of the election
shall be published one time in a newspaper with general circulation
in the district in accordance with Section 4.003, Election Code.
SECTION 2. Section 4.05, Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
Sec. 4.05. APPLICATION [PETITION]. [(a)] A person who
wishes to have the person's [his] name printed on the ballot as a
candidate for director must file an application with the secretary
of the board of directors, in accordance with Section 144.005,
Election Code [a petition signed by at least 10 registered voters of
the district asking that his name be placed on the ballot. The
determination of whether a person is a registered voter of the
district shall be based on the most recent official list of
registered voters.
[(b) The petition must be filed with the secretary not later
than the 31st day before the date of the election].
SECTION 3. Article 4, Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended by adding Section
4.18 to read as follows:
Sec. 4.18. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. The
board may spend district money, enter into agreements, and take
other necessary action to recruit physicians and other persons to
serve as medical staff members or employees of the district,
including:
(1) advertising and marketing;
(2) paying travel, recruitment, and relocation
expenses;
(3) providing a loan or scholarship to a physician or a
person currently enrolled in health care education courses at an
institution of higher education who contractually agrees to become
a district employee or medical staff member; or
(4) contracting with one or more full-time medical
students or other students in a health occupation, each of whom must
be enrolled in and in good standing at an accredited medical school,
college, or university, to pay the student's tuition or other
expenses in consideration of the student's agreement to serve as an
employee or independent contractor for the district.
SECTION 4. Section 5.07, Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
Sec. 5.07. CONSTRUCTION CONTRACTS. (a) The board may enter
into construction contracts on behalf of the district; however, the
board may enter into a contract for construction that requires
expenditures in excess of the amount prescribed by Section 271.024,
Local Government Code, [contracts that involve spending more than
$10,000] only after competitive bidding as provided by Subchapter
B, Chapter 271, Local Government Code [Chapter 770, Acts of the 66th
Legislature, Regular Session, 1979 (Article 2368a.3, Vernon's
Texas Civil Statutes)].
(b) Chapter 2253, Government Code [Article 5160, Revised
Statutes], as it relates to performance and payment bonds, applies
to construction contracts of the district.
SECTION 5. Section 5.11(a), Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
(a) Not later than the first day [beginning] of each
operating year, the district shall adopt an application procedure
to determine eligibility for assistance, as provided by Section
61.053, Health and Safety Code [10.03, Indigent Health Care and
Treatment Act (Article 4438f, Vernon's Texas Civil Statutes)].
SECTION 6. Section 5.12(a), Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
(a) The board shall require reimbursement from a county,
city, or public hospital located outside the boundaries of the
district for the district's care and treatment of a sick, diseased,
or injured person of that county, city, or public hospital as
provided by Chapter 61, Health and Safety Code [the Indigent Health
Care and Treatment Act (Article 4438f, Vernon's Texas Civil
Statutes)].
SECTION 7. Article 5, Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended by adding Section
5.16 to read as follows:
Sec. 5.16. CREATION OF NONPROFIT CORPORATION. The district
may sponsor and create a nonprofit corporation under the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes) and may contribute funds to or solicit funds
on behalf of the corporation. The corporation may use district
funds only to provide health care or other services the district is
authorized to provide under this Act. The board shall establish
adequate controls to ensure that the corporation uses its funds in
accordance with this section. The corporation may invest
corporation funds in any manner in which the district may invest
funds, including investing funds as authorized by Chapter 2256,
Government Code.
SECTION 8. Section 7.03(c), Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code [Article 704, Revised Statutes].
SECTION 9. Section 7.04(c), Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
(c) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code [8, 10, 11, 12, and 13, County Hospital
Authority Act (Article 4494r, Vernon's Texas Civil Statutes)], for
issuance of revenue bonds by county hospital authorities.
SECTION 10. Section 7.05(b), Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
(b) The bonds must be issued in the manner provided by
Chapter 1207, Government Code [784, Acts of the 61st Legislature,
Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
Statutes)].
SECTION 11. Section 7.06, Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
Sec. 7.06. INTEREST AND MATURITY. District bonds must
mature not later than the 50th anniversary of [50 years after] the
date of their issuance and must bear interest at a rate not to
exceed that provided by Chapter 1204, Government Code [3, Acts of
the 61st Legislature, Regular Session, 1969 (Article 717k-2,
Vernon's Texas Civil Statutes)].
SECTION 12. Section 7.07, Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended to read as follows:
Sec. 7.07. EXECUTION OF BONDS. The president of the board
shall execute the bonds in the name of the district, and the
secretary of the board shall countersign the bonds in the manner
provided by Chapter 618, Government Code [the Texas Uniform
Facsimile Signature of Public Officials Act (Article 717j-1,
Vernon's Texas Civil Statutes)].
SECTION 13. Article 8, Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is amended by adding Section
8.05 to read as follows:
Sec. 8.05. ELECTION TO INCREASE MAXIMUM TAX RATE. (a) The
board may order 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 all taxable property in the district.
(b) Registered voters of the district may file a petition
with the secretary of the board requesting an election to authorize
the increase of the maximum tax rate. The petition must be signed
by at least 100 of the registered voters of the district, according
to the most recent official list of registered voters. The petition
must state the maximum tax rate to be voted on at the election,
which may not exceed 75 cents on the $100 valuation of all taxable
property in the district. The board by order shall set a time and
place to hold a hearing on the petition to increase the maximum tax
rate of the district. The board shall set a date for the hearing
that is after the 10th day after the date the board issues the
order. If after the hearing the board finds that the petition is in
proper form and that an increase of the maximum tax rate would
benefit the district, the board shall order an election to
authorize the increase of the maximum tax rate to the tax rate
stated in the petition.
(c) The order calling an election under this section must
state the:
(1) nature of the election, including the proposition
that is to appear on the ballot;
(2) maximum tax rate to be voted on at the election,
which may not exceed 75 cents on the $100 valuation of all taxable
property in the district;
(3) date of the election;
(4) hours during which the polls will be open; and
(5) location of the polling places.
(d) The board shall give notice of an election under this
section by publishing a substantial copy of the election order in a
newspaper with general circulation in the district once a week for
two consecutive weeks. The first publication must appear before
the 35th day before the date set for the election.
(e) The ballot for an election under this section shall be
printed to permit voting for or against the proposition: "The
increase by the Ballinger Memorial Hospital District of the rate of
annual taxes imposed for hospital purposes to a rate not to exceed
___ (insert the amount determined by the board or prescribed by the
petition, as appropriate, not to exceed 75 cents) on each $100
valuation of all taxable property in the district."
(f) An election ordered under this section shall be held
after the 45th day and on or before the 60th day after the date on
which the election is ordered. Section 41.001(a), Election Code,
does not apply to an election held under this section.
(g) If the majority of the votes cast in the district favor
the proposition, the maximum tax rate of the district is increased
to the tax rate determined by the board or stated in the petition,
as appropriate.
SECTION 14. Chapter 137, Acts of the 70th Legislature,
Regular Session, 1987, is amended by adding Article 8A to read as
follows:
ARTICLE 8A. DISSOLUTION OF DISTRICT
Sec. 8A.01. DISSOLUTION AUTHORIZATION. (a) The district
may be dissolved only if the dissolution is approved by a majority
of the registered voters of the district voting in an election
called and held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations. The board shall order an election if the board
receives a petition requesting an election that is signed by a
number of registered voters of the district equal to at least 15
percent of the registered voters in the district.
Sec. 8A.02. ELECTION DATE. An election ordered under
Section 8A.01 of this article shall be held not later than the 60th
day after the date the election is ordered. Section 41.001(a),
Election Code, does not apply to an election ordered under this
section.
Sec. 8A.03. ELECTION ORDER. The order calling an election
under this article shall state:
(1) the nature of the election, including the
proposition that is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
Sec. 8A.04. NOTICE OF ELECTION. The board shall give notice
of an election ordered under this article by publishing a
substantial copy of the election order in a newspaper with general
circulation in the district once a week for two consecutive weeks.
The first publication must appear not less than 35 days before the
date set for the election.
Sec. 8A.05. BALLOT. The ballot for an election ordered
under this article shall be printed to permit voting for or against
the proposition: "The dissolution of the Ballinger Memorial
Hospital District."
Sec. 8A.06. RESULTS OF ELECTION. If a majority of the votes
in an election ordered under this article favor dissolution, the
board shall find that the district is dissolved. If a majority of
the votes in the election do not favor dissolution, the board shall
continue to administer the district, and another election on the
question of dissolution may not be held before the first
anniversary of the most recent election to dissolve the district.
Sec. 8A.07. SALE OR TRANSFER OF ASSETS AFTER DISSOLUTION.
(a) If a majority of the votes in the election favor dissolution,
the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Runnels
County or another governmental entity in Runnels County;
(2) sell the assets and liabilities to another person;
or
(3) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the district transfers the land, buildings,
improvements, equipment, and other assets to Runnels County or
another governmental entity, the county or entity assumes all debts
and obligations of the district at the time of the transfer, and the
district is dissolved.
(c) A sale or transfer of the district's assets and
liabilities must satisfy the debt and bond obligations of the
district in a manner that protects the interests of the residents of
the district, including the residents' collective property rights
in the district's assets. A grant from federal funds is an
obligation to be repaid in satisfaction. The district may not
transfer or dispose of the district's assets except for due
compensation unless the transfer is made to a governmental agency
that serves the district and the transferred assets are to be used
for the benefit of the residents of the district.
Sec. 8A.08. ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS
AFTER DISSOLUTION. (a) If the district does not transfer the land,
buildings, improvements, equipment, and other assets to a county or
other governmental entity, the board shall sell the assets and
liabilities to another person or administer the property, assets,
and debts of the district until all funds have been disposed of and
all district debts have been paid or settled, at which time the
district is dissolved.
(b) After the board finds that the district is dissolved,
the board shall:
(1) determine any remaining debt owed by the district;
and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(c) The board may institute a suit to enforce payment of
taxes and to foreclose liens to secure the payment of taxes due the
district.
Sec. 8A.09. RETURN OF SURPLUS TAX MONEY. (a) When
remaining debts and obligations of the district are paid, the board
shall order the secretary to return the pro rata share of all unused
tax money to each district taxpayer.
(b) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector.
Sec. 8A.10. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all its debts and has disposed of all its assets
and money as prescribed by this article, the board shall file a
written report with the Commissioners Court of Runnels County
setting forth a summary of the board's actions in dissolving the
district.
(b) Not later than the 10th day after the date it receives
the report and determines that the requirements of this article
have been fulfilled, the Commissioners Court of Runnels County
shall enter an order dissolving the district and releasing the
board from any further duty or obligation.
SECTION 15. Section 7.05(c), Chapter 137, Acts of the 70th
Legislature, Regular Session, 1987, is repealed.
SECTION 16. This Act takes effect immediately if it
receives a vote of two-thirds of all the 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.