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H.B. No. 1648
AN ACT
relating to the expansion of the boundaries of the Wood County
Central Hospital District of Wood County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Chapter 293, Acts of the 60th
Legislature, Regular Session, 1967, is amended to read as follows:
Sec. 2. BOUNDARIES. The boundaries of this district are
coterminous with the boundaries of the Quitman Independent School
District as they exist on the effective date of this Act, unless the
boundaries are expanded under Section 7C of this Act or other
applicable law.
SECTION 2. Chapter 293, Acts of the 60th Legislature,
Regular Session, 1967, is amended by adding Section 7C to read as
follows:
Sec. 7C. EXPANSION OF DISTRICT TERRITORY TO INCLUDE
TERRITORY OF MINEOLA INDEPENDENT SCHOOL DISTRICT. (a) Registered
voters of a defined territory composed of all territory within the
boundaries of the Mineola Independent School District may file a
petition with the secretary of the board of directors requesting
the inclusion of the territory in the district. The petition must
be signed by at least 50 registered voters of the defined territory
or a majority of those voters, whichever is less.
(b) The board shall set a time and place to hold a hearing on
the petition to include the territory in the district. The board
shall set a date for the hearing that is not earlier than the 31st
day after the date the court issues the order.
(c) If after the hearing the board finds that annexation of
the territory into the district would be feasible and would benefit
the district, the board may approve the annexation by a resolution
entered in its minutes.
(d) Annexation of the territory is final when approved by a
majority of the voters at an election held in the district and by a
majority of the voters at a separate election held on the same date
in the territory to be annexed. If the district has outstanding
debts or taxes, the voters in the election to approve the annexation
must also determine if the annexed territory will assume its
proportion of the debts or taxes if added to the district.
(e) The election ballots shall be printed to provide for
voting for or against the following, as applicable:
(1) "Adding the territory within the boundaries of the
Mineola Independent School District to the Wood County Central
Hospital District of Wood County."; or
(2) "The territory within the boundaries of the
Mineola Independent School District assuming its proportionate
share of the outstanding debts and taxes of the Wood County Central
Hospital District of Wood County, if it is added to the district."
(f) The elections shall be held after the 45th day and on or
before the 60th day after the date the elections are ordered.
Section 41.001(a), Election Code, does not apply to an election
held under this section.
(g) Once annexation is approved, the board shall appoint a
resident of the Mineola Independent School District to serve as a
temporary director until the date of the next regular election of
directors.
(h) Notwithstanding any other provision of this Act,
beginning on the date the temporary director is appointed as
required by Subsection (g) of this section and ending on the date a
majority of the members elected in the next regular election have
qualified for office:
(1) the board is composed of seven members;
(2) four members of the board constitute a quorum; and
(3) a concurrence of four is sufficient in all matters
pertaining to the district.
(i) Notwithstanding any other provision of this Act, on the
date of the next regular election following the approval of
annexation:
(1) five directors shall be elected from the area of
the district that is composed of the jurisdiction of the Quitman
Independent School District;
(2) five directors shall be elected from the area of
the district that is composed of the jurisdiction of the Mineola
Independent School District; and
(3) three directors shall be elected from the district
at large.
(j) Notwithstanding any other provision of this Act, on the
date a majority of the directors elected to the board under
Subsection (i) have qualified for office:
(1) the term of office of any director elected or
appointed to the board before that election expires; and
(2) the directors elected to the board under
Subsection (i) of this section shall draw lots to determine:
(A) which director elected from the area of the
district that is composed of the jurisdiction of the Quitman
Independent School District serves a one-year term, which two
directors elected from that area serve two-year terms, and which
two directors elected from that area serve three-year terms;
(B) which director elected from the area of the
district that is composed of the jurisdiction of the Mineola
Independent School District serves a one-year term, which two
directors elected from that area serve two-year terms, and which
two directors elected from that area serve three-year terms; and
(C) which director elected from the district at
large serves a one-year term, which director elected from the
district at large serves a two-year term, and which director
elected from the district at large serves a three-year term.
(k) Notwithstanding any other provision of this Act,
beginning on the date a majority of the members elected under
Subsection (i) qualify for office:
(1) the board is composed of 13 members;
(2) seven members of the board constitute a quorum;
and
(3) a concurrence of seven is sufficient in all
matters pertaining to the district.
(l) Successor directors shall be elected as provided by
Subsections (i) and (j) so that:
(1) five directors are elected from the area of the
district that is composed of the jurisdiction of the Quitman
Independent School District;
(2) five directors are elected from the area of the
district that is composed of the jurisdiction of the Mineola
Independent School District; and
(3) three directors are elected from the district at
large.
(m) Following each decennial federal census, the board
shall evaluate the electoral areas described by Subsection (l) of
this section to ensure that the areas comply with the requirements
of federal election laws and shall adjust the jurisdiction of the
areas in accordance with federal requirements.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1648 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1648 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor