79R8657 KEG-F


By:  West                                                         H.B. No. 97 

Substitute the following for H.B. No. 97:                                     

By:  Allen of Dallas                                          C.S.H.B. No. 97 



A BILL TO BE ENTITLED

AN ACT

relating to the Ector County Hospital District.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 4.07, Chapter 550, Acts of the 71st 
Legislature, Regular Session, 1989, is amended to read as follows:
	Sec. 4.07.  BOND; INSURANCE.  (a)  Before assuming the duties 
of the office, each director must execute a bond [for $5,000] 
payable to the district or purchase an appropriate insurance policy 
that names the district as its sole beneficiary, conditioned on the 
faithful performance of the person's duties as director.  The board 
shall determine the appropriate type and value of the bond or 
insurance policy required for directors under this section.
	(b)  The bond or insurance policy shall be kept in the 
permanent records of the district.
	(c)  The board may pay for directors' bonds and insurance 
policies and premiums with district funds.
	SECTION 2.  Section 5.07, Chapter 550, Acts of the 71st 
Legislature, Regular Session, 1989, 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 construction contracts that involve spending 
more than the amount provided by Section 271.024, Local Government 
Code, [$10,000] only after competitive bidding as provided by 
Subchapter B, Chapter 271, Local Government Code.
	(b)  Chapter 2253, Government Code [Article 5160, Revised 
Statutes], as it relates to performance and payment bonds, applies 
to construction contracts let by the district.
	SECTION 3.  The heading to Section 5.15, Chapter 550, Acts of 
the 71st Legislature, Regular Session, 1989, is amended to read as 
follows:
	Sec. 5.15.  AUTHORITY TO SUE AND BE SUED; VENUE; NON-WAIVER 
OF IMMUNITY.
	SECTION 4.  Section 5.15, Chapter 550, Acts of the 71st 
Legislature, Regular Session, 1989, is amended by adding Subsection 
(c) to read as follows:
	(c)  Nothing in this Act may be construed to waive sovereign 
or governmental immunity.
	SECTION 5.  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, 2005.